Year: 1862




tiOa and the laws Of the UnitediStatss-
made under u. He may, as y claimsds
do alLthis, supersede them all, disregard
ing the limitation enj0ihed for the exer,.
ciSe of his prerogativs4 He may abolish
all laws of the land and substituts IN their
place his own will. HI may sbolisb -lbe.
whole system Of government built up and
bequeathcd to US by our Revolutionary
fathers, and he may build up f,r himself
a new and entirely different system. All
this he may do, it il claimed, rightfully,
legitimately and without interference.


/ hold this assumed position il unten-
able and indefensible that there Is no
warrant for it in the Constitution or in
the principles which und~riie the theory
of government, nor in the genius Of the
American people. nor in the spirit Of lib
erty which is the boast Of our institutions.
Such u proposition will destroy the law,
as it is utterly inconsistent with the law.
1t will reduce this nation, if this theory
of government is deliberately adopted, to
t',v cOMIii;tti0O Of slavery SMG <.~5 t 1sss.t
any nation that will willingly adopt it is
lost to all sense Of manly Independence,
is lost to the appreciation Of its own dig.
nifty and national rights, and for them the
yoke Of the slave is the only fitting EN-.
blem. We are told, in defense Of this
theory, that it would exist only In cases
of rebellion against the Government We
are also told that it was not intended that
the Constitution Of the United States
should be operative in times of civil war.
Our fathers hoped that civil war might
never befall w, but they knew human
nature too well to expect that We should
forever enjoy profound repose. They
had freed themselves from the yoke Of
oppression; they had successfully con-
querrd enemies without and tories within,
and then they formed Constitutional
Government recognizing in them that
honesty and good sense which mark the
patriot. Is it to be supposed thnt they
would adopt Constitutional Government
to be operative only in time Of peace, and
that that Constitution should be super
Seded whenever discord or war would
present an opportunity to set It aside,
and substitute for it the will Of military
powerI The Constitution gives to the
several departments Of the Government
all the power ever intended to be used for
any purpose. If the laws Of the United
States are too lenient, they may be made
more stringent. IL Judges are imbecile,
let them be impeached. Let the whole
machinery Of Government be revised and
improved, il you will but whoever goes
beyond that to support the Government,
would destroy the Constitution, under the
pretense Of preserving it. The Govern
ment has no right to break down the Con-
stitutiOn to uphold ITSELF II never was
intended far mOmen: that the Constitu.
tion, under any circumstances, should be
superseded. The President holds office
under the Constitution; you sit there un-
der it; the Judges sit and pass judgment
in virtue Of the provisions Of that inStru
ment alone, andifyou supersede il, neither
you, nor the Judges, nor the President
himself, possesses any more power than
the humblest man in the land. Supersede
the Constitution You might rs we'll try
to repeal all laws for the guidance Of So
ciety, and let the nation go adrift to ruin
at once. The only way TO preserve the
the Government is to, preserve the Con-
stitution; to observe its limitations, and
to obey its prohibitions. When the Con-
stitution falls, then, indeed, the Govern
ment falls. This is not the way to pre-
serve Governments.


Ambition makes its own opportunity,
and under this system Of superseding the
Constitution In times Of public calamity,
the pnblic mind will become degraded, +,
the people on every fresh occasion for the
exercise Of this power will yield still


little tO those encroachmrnts, till the pub
lie will be destroyed, the public intellect
warped, the national character tarniShed,
and the national love of liberty and inde-
pendence overthrows. They will become
the plaything of every tyrant and each
successive invasion Of their rights will be
tamely submitted to until all appreciation
Of Independence and rights and freedom
is forever lost 1t is vain to say that this
is an idle dream-the realization Of the
fact is before us. Six months ago, when
the h0bedS corpus act was first suspended
iE the case OF Mcrriman, who was held
on a charge Of treason, the public mind
was intensely excited. Now what is the
(actP Citizens are committed and i'm
prisoned because in the public newspa-
pers they dare criticise the acts Of the
Government. Newspapers have been sus-
pended, and the whole power of the
Government despotically exercised with
out public murmur.


We are told also that Ehen this public
danger shall have passed away the Con-
stitntion will be restored to its pristine
vigor, and people will (be allowed to re-
sume their accustomed liberty. When
was this ever so? When were the in
vaded and restricted rights OF people
ever restored to theft exact position cx-
cept by the sword? When was liberty
once surrendered ever restored except by
blood ? For the willful surrendering of
their rights no nation ever resumed them
only through the agonies of a revolution.
and YOU can not make q nation sensible
of rights that in time OF danger possesses
no rights. You can not increase and
strengthen virtue, and courage, and pa
tience in people by teaching that, in
times Of great public calamity and dan
ger, to the State, they must rely for their
safety not on their own virtue, and cour-
age, and constancy. but on the power and
good will of their rulers. No free nation
ought ever to listen for moment to argu-
mentS of State necessity. The history OF
those people who have been so deceived
is written in the wreck of free institu-
;ions. 1t is marked with wrongs, with
high hopes destroyed, and noble aspira-
tions violated and trawPled upon.


five look over the pathway of desola-
ton thus exposed to view, VIC may easily
imagine that we see the spirit Of Ameri-
can independence and American freedom
lowering over this day, tearfully praying
that it too may not be added to the long
list of victims inundated on the altar Of
State necessity. This argument Of State
necessity always proceeds from the Exec.
utive power. 1t is the voice which issues
from the throne ITSELF and unless speedily


answered, uniesS answered nowy ere ii6Hg