Year: 1861

cretlon he may substitute the military power fol


Judicial authority Again. Mr.. President, al


though there are few Of us here who take the


view of the Constitution by this right, which


am advocating to-day, trust we will not, under


the circumstances, fail to protest in temperate


but manly language, against what we consider Il


uslrpatlOn Of the President. Let me call the at


tention OF the Senate briefly to other acts aga nst


which protest in the name Of the Constitution


and the people represent. You have practically


martial law all over this land. The houses OF
! private citizens are searched without warrant OF


law. The right Of the citizen to bear arms is rem
| dered nugatory by their being taken from them


without judicial process and upon mere suspicion


individuals are seized without legal warrant- -and


imprisoned The other day since Congress met,


a military officer in Baltimore appointed Mar


shal OF that city. viii any man defend the act?


Does 1t not override all other law? Is it not sub
stltuing the rule of military commander for


the laws Of the land? What more authority had


this officer to appoint Marshal for the city Of


Baltimore than he had TO appoint pastor for
one OF their congregations or a president for one


OF theii banks? The Constitution guards the
people against any seizure without warrant of
judicial authority Has not the President of the
United States. by one broad. sweeping act Laid
his hand upon the private correspondence Of the
whole community? Who demands it. rs conior


mtDic to the Constitution? | am told, sir-and
II | had the power | would offer Il resolution to


inquire into it in the name of the public liberties
- am told that at this moment. in the Jail in this
city. there are individuals who have been taken
by military authorities from Maryland and other
States. and now lie here and cannot get out and


in some instances they have actually been forgot
ten. l WAS told OF one instance where Il man was
put in Jail here and forgotten. His friends made
application 1T one Of the Departments, and they
looked into the case and found nothing against
him. and he was discharged. But, in the rush Of
events. the very existence of this man, and the
cause Of his Imprisonment. forgotten We
may have this joint resolution to approve these
acts and make them valid, but we cannot make
them valid in TACT. | know that Congress, in the
exercise of its legislative functions. may appro-
pirate money, but it has been eXpende by the
President without warrant of law. But whatever
unconstitutional act he may have committed
cannot be cured by joint resolution. 1t stands
there. and will stand forever Nor can this Con-
gress prevent succeeding Congress from hold
ing any officer Of the Government responsible
for violation OF the Constitution | enumerate
what regard as the usurpations OF the Executive.
and against which wish to record the protest Of
those VIII are unwilling TO see the Constitution
subverted under whatever pretcxt. necessity. or
otherwise. Mr.. Breckenridge then re enumerated
the several acts in the resolution, TO which he had
referred. These great, fundamental rights. sir,
the sanctity of which is the measure of progress
aud civilization, have been tlumpled under foot
by the military. and are being now trampled under





Congress and yet so great on one side is the pas
sion OF the hour, ard so astonishing the stupid
Of the other, that we take it as natu-
raj. as right, and rs of course. We are rushing,
Slr. and with rapid strides, from constitutional
governments into military dcspotism. The Con-
stituton says the freedom of speech and o! the
press shall not be abridged. yet three days ago,
III the city Of st. Louis. a military officer with
four hundred soldiers that was his warrant
went into il newspaper Office III that city. removed
the types, aud declared tat the paper should be
no longer published. and gave, among other rea-
sons. that it was Iabricating reports injurious to
the United States soldiers in Missouri Is there
4 a.Scnator here, citizen of this land who will
say that the ghtest color OF authority exists on
the part OF a military officer for deprvng ctl-
zen of liberty or property without a warrant ol
law. to suppress the freedom Of the press?-
And we are told by The same dispatch that the
proprictors OF the paper submltted and intend
to make an appeal To whom? To the judicial
authorities? No. sir. Bat to Major General Ere
mont when he should reach ST. Louis. The civil
authorities Of the country are paralyzed. and
practical martial law is being established all over
the land. The like never happened in This coun
try before. AMI it would not be tolerated in any
country in Europe which pretenls to The elements
OF civilization and liberty George Washington
carried the thirteen colonies through the OF
the revolution without martial law. The Presi-
dent Of the United States could not conduct the
government three months without resorling to it.
presume every Senator has read the opinion OF
the Chief Justice to which l have referred. |
shall content myself with reading few extracts.
to present my opinions on the subject. Mr.. b.
read from the closing part OF Judge Tancy Opt |
nion.l Thus the President has assumed he legis
latve and judicial powers, and concentrated in
his hands the executive, Legislative and judicial
powers, which in every a-e has been the very
evidence of despotism, and G exercises them to-
day while we sit III the Senate chamber. and the
other branch Of The Leg stature at She other end
OF the Capital. Mr.. President, hat is the excuse
what is the justification, necessity? | answer
first. there was 10 necessity. Was i necessary
to preserve the vi ible cmblems OF Federal au
thority here that the Southern coast should have
been blockadcd? Did not the same necessity
exist when Congress at the last session refused TO
pass the Force bill? Wuslit necessary to the cX
istcnce of the Union. till Congrt IS sh ud meet,
that powers not conferred by the Constitution
should b. assumed? Was there necessity for
raising the largest army ever assembled on the
American ointment. aud for collecting the lar
geSt feet ever collected in an American harbor!
Congress may deem it was necessary, in contem'
platon of protracted struggle for the presorvl-
ton of the Constitution and the Union.


What | mean TO say is that there Is none oil
that overrulng necessity for present prcserv'-
ton which may apply to usurpatlons OF the Con
sitution. In the case of the man in Maryland
who was confined so long in Fort Mcf1cnry, was
there any necessity of conlining him instead OF
turning him over to the civil authorities? The
hief charge was, that weeks before he had been
concerned in reasonable acts. Was not the ju
dicial authority the G 10 take charge OF him, and
if convicted to punish him? Il there was a ne
cessity in the present state of affairs, and Cong
ress in session here. then what Il long necessity
we have before us and impending over us. Let
Congress approve and ratiy these acts. and there
may occur a necessity which will justify the
President in supersedng the law in every State
in this Union and there will not be q vestige
of civil authority left to rise against this usur-
patton of military power. But deny thl doc
trine ef necessity deny that the President OF
the United States may violate the Constitution
upon the ground of necessity. The doctrine is
aE tLa Eausttutian II Suli