Year: 1862




stitutional scruples, and he does not; and
that these arrests grow out OF the necessity
Of the times. Sir, it is in just such times
as these that the greatest danger arises.
1t is just such times as these that the
foundations of tyrrany and despotism are
laid. 1t is not when the people are wide
awake to their rights. If you will clothe
the despot with iron shoes. going forth to
trample upon the rights of the people. and
bearing the chains and letters to bind
their limbs, no people on earth would ever
submit to his sway. But, sir. the despot
creeps upon the people unawares. 1t is
under the plea of necessity; under the pre-
tense that it is necessary he should as
sumo unwarranted powers for the purpose
of preserving the public peace; and then,
when the powers are assumed, and the
people are bound hand and foot, they have
not the ability to extricate themselves
from The tyranny that is imposed upon
them.


Now. sir. no harm, apprehend, can
grow out Of an inquiry of this character,
because if the reply of the Secretary Of
State should show that arrests have been
made. and that there is no law for them,
and that there is necessity for exercising
a rower of this kind, will it not be better,
1 ask mJ friend from Connecticut. for us
to pass law? Then. why not let the in
quiry be made. so that we may know
whether there is necessity for any such
law or not? Why undertake to justify
and commend the exercise Of admitted
usurpation. which 1 understand the Sena.
tor from Connecticut to do? Sir, l will
never comment it. Under particular
circumstances may have excused some
acts for doing which the warrant OF law
could not. perhaps, at the time be found;
but, sir, will never commend the usur-
patton Of power by any person. would
stand by the Constitution as we have it.
l would no more permit our own officers
to viola:e it now, when Congress is to-
gether, and can clothe them with the ne
cessary authority. than if we were at
peace.


| hope, sir, that the resolution, which
is a simple resolution of inquiry. will be
permitted TO pass and | am sorry it could
not have passed without opposition


4


Mr.. TRUMBULL-Mr. President, I
regret the necessity Of saying any thing
further with reference TO this matter.
which has assumed very wide range for
mere resolution of inquiry, and l cer-
tsinly should not do so but for what has
fallen from my colleague, at whose re-
marks feel somewhat surprised know,
sir, that it is very common thing to
attempt TO change issues, especially in
trials of course in court, and no one is
more adapt in court than my colleague.
1t is not an uncomm on thing when one
has bad case to try to get up an issue
that is not involved in the case. Now,
my colleague certainly would not upon re-
Election ask the Senate to vote against this
resolution. because Mr.. Breckinrdge, if
he were here would vote for il. Would
that be reason? Is that the high motive
by which Senators of the United States
are governed? That is his first reasor
why this resolution should not pass. and
his last one; for he made the appeal as he
sat down. If Mr.. Breckinridge were here
be would vote for the resolution | have
known men governed by prejudices OF that
kind, but | did not suppose that such an
appeal as that would be made to the SEN
ste Of the United States.


My colleague further says that his is at
bad time TO offer such a resolution. Why,
sir. it is the only time when there would
be any occasion for such an inquiry. 1t is
in just such times as these that this power
is exercised. 1t is only on such an occa.
sion as this. l knew. that he would at
tempt to justify it. In time of quiet
and peace in the country, he would not
agree that men should be arrested without
charge. without complaint, without on.
portunIty for answer. From necessity. if
you over make the inquiry you must do
it now.


But he says this will demoraize and
weaken the government. Let US see the
position of my colleague. He says that he
has obtained from the Senator from Maine
when he admits that he would arrest Ger.
tain persons under circumstances which
he mentions. all that he wants; and then
that the arrest is constitutional. Is there
any harm, sir, in inquiring of the Secreta-
ry Of State by what law he made ARE sts,
when my Colleague says they aie perfectly
constitutional?