Year: 1862

war for the purpose of emancipation"
it met with q similar fate--those voting
to lay on the table being Republicans,
and those voting against laying on the
table being all Democrats and gentlemen
from the border slave States. / thought
my resolution very fair one and that
since there has been so much said on the
subject of emancipation during the ses-
sion, of the majority of the House were
opposed to making the war one for that
purpose, they would unhesitatingly adopt
it and that while Congress was appro


priating money to the amount, for the
past year of $49l ,445, ,9S4, II, and since
it was proposed to levy direct annual
tax upon the country of over one hun
dred millions of dollars, it was due to
the great mass of the people who, in my
Judgment, are opposed to all these eman-
cipation schemes, that they should have
some assurance as to the manner in which
their money was to be applied For, as


have already said, while the people of


the country will, as / believe, checrfully


contribute all they have to support the
Government, that they will not willingly,
in time of general depression and dis
tress, cheerfully submit to tax on their


property which is approximating to its


value, and hand over to the tax gatherer


their last dollar, to be carried to the Fed


eral capital, one portion to be distributed


among an army of officers and Govern


ment contractors, and the residue applied


in keeping an army in the field that these


contractors may continue to plunder the


Treasury, and the abolition sentiment be


vindicated. Much as they may be OPP


posed to the institution of slavery, they


will not cheerfully suffer such sacrifices


as they are about to be called upon to


make, when neither the black nor the


white race will be benefited thereby, and


when the object of these privations and


sacrifices is that Of violating the organic


law of the Government, instead Of sus


tanning it, as was the declared object at


the beginning of the war.


/ was struck with much astonishment


at the remark made by the gentleman


from Indiana Mr.. Julian in the course


of an able speech which he delivered in


the early part of the session. l knew


that gentleman was radical in his opin-


ions, but | did not think that he or any


other gentleman would publicly an


nounce tho sentiments which he did on


this occasion. In the course Of his re-


marks he used the following language:


"The nation is greater than the Consti ution,
because it made the Constitution. We had a
country be" e we had a Constitution, and at all
hazards we must save it. The Constitution was


made for the people. not the people for the Con


stitution. Cases may arise in which patriotism
| sclf may demand that we trnmple uoder our feet
some of the most vital principles Of the Consti-


tuition"


The gentleman is entitled to great


credit for candor of statement, but not,


in my Judgment, for sound logic. The


fact that the nation, or the people who


comprise it, through their delegates,


framed the Constitution, which was af-


forwards ratified by the States, does not


authorize Congress, which is the creature


of the Constitution, to violate that in


strument while 1t remains in force as the


organic law of the land. The people Of


the nation having adopted the Constitu-


tion as it is, are bound by its provisions
until they amend it in the manner therein
provided for, or by common consent an


nul it. But in no case, while it is in
5 force, can majority Of the people, as
suming to be the nation, violate the ma
, tional compact to the injury of the hum
+ blcst citizen. While it may be true that
/ the nation is greater than the Constitu-
ton, it follows, on the same principle,


that the Constitution is greater than
Congress or either Of the departments Of
Government which the Constitution has
e called into existence; and neither Con
5 gress nor any other department Of Gov
/ ernment can exercise powers not author
5 lied by this instrument which is thC
5 "source of their being"


If it be admitted that either of the de
partments of Government have the right
,, in a particular instance, to disregard the
| Constitution, because in the opinion oi
; some organization Of men, over Jealous
l in particular cause, military necessity
D requires the exercise of unconstitutional
l powers, the same necessity may consti-
| tute an excuse for the most fragrant and
: olt-repeated violations of the Constitu
1 tion and abuse Of power by the officers
4 of Government, when their personal in
= trest or that Of their friends prompts then,
to their commission aud in the end all
u constitutional, as well as all natura
u rights, will be at the disposal Of our ru
y lcrs and instead Of having a Constitu.
{ ton and Union to vindicate, We shal
; find ourselves without hope for the future
Il serving no other purpose than that o
S sustaining those in power who are tramp
II ling upon the rights which were hundeC
J. down to us by the patriots of the Rev
u oluton.


g know whenever the slavery question
u arises there is disposition to pass light,
II over all such considerations as have in
;, dicated but if violations of the Consti
st tuition are permitted, they will not stoI
II with measures connected with the insti
= tuition of slavery, but the same gros
J. violation, under the same plea, will eX
70 tend to all operations Of the Government


upon ali subjects. | cannot, therefore
IS consent to any plain inirsctions of th
10 Constitution under any plea whatever
he Although | may not be disposed to cav
y about the exercise of doubtful constitr
ly tonal powers when the exercise of sue
ct powers were required for the public wei
a. fare. vet | have not thus far seen the mt