Year: 1861

These are few OF the reasons that Will
control my vote against this resolution. I
hope it will be voted upon, and if it should
rcceivea majority, as [ fear it will, it will
be an iavitation to the President of the Uni
ted States in the absence Of all legislation,
to do tie. like acts whenever in his opinion,
it may be necessary. What will be the ef-
feet of it in Kentucky, and Missouri, and
everywhere? In his discretion he will feel
himself warranted in subordinating the civil
to the military power, and to imprison citi
z,ns without the warrant of law, and to sus-
pend the writ Of habeas corpus, and to es-
tablish martial law, to make searches and
suppress the press, and to do all those acts
which rest on the will and authority of
military commander.


In my Judgment if we pass this, we are
upon tie eve of putting. so far as we can,
in the Hands of the President of the United
States, the power of dictator With such
a beginning as this, what are we to expect
in the Euture? When we see men impri-
soned within hail of the Capitol, without
warrant and Congress in session, and the
Courts paralyzed, and Congress not rising
in protest of indignant terms against it,
we may we'll be filled with gloomy forebod-
ings for the future. What may we expect,
except a line of conduct in keeping with
what has been done? Is this contest to
prcseryesthe Union? If so, then it should
be- waged in constitutional manner. Is
the doctrine to obtain that provinces are to
be entirely subordinate to the idea of politi-
cal unity


Shall the rallying cry be, the Constitution
and the Union. or are we prepared to say
that the Constitution is gone, but the Union
survives? What sort of Union would it
be? Let this principle be announced, and
let us carry on this contest with this spirit,
winking: at or approving the violations of
this sacred instrument, and the people will
soon begin to inquire, what will become of
our liberties at the end of the experiment ?
The pregnant question for us to decide is,
whether the Constitution is to be respected
in this struggle, or whether we are called
upon toafollow the flag over the ruins Of the
Constitution I believe, without question
ing the motives of any, the whole tendency
of the present proceedings is to establish
Government without limitations, and radi-
caliy to ochange Our frame and character of
Government


| was told the other day by distinguish
ed ARSScan that many Americans abroad,
I : -ae
things here, said, ''We thought your FEEDER
al Government rested on consent, and how
do you propose to maintain it by force ?"
Often the answer would be, ''It was intend
ed to rest on consent, but it has failed. 1t
is not strong enough and we intend to make
it strong enough, and to change the charac-
ter of the government, and we will give it
all the strength we deem essential without
regard to the provisions of the Constitution,
which was made some eighty years ago, and
has been found not fit for the present condi-
ton of affairs"


[ think it is well that the attention Of the
country should be called to the tendency of
things. I know there are thoughtful, con-
servative men-thousands Of men who love
the Constitution scattered through the ad-
herring States, who would never consent to
make this contest with any purpose to inter-
fere with the personal rights of political
communities. He then referred to sug-
ton in Northern paper that change in
the character of the Government was con-
templated, apd also to speech made by the
present Secretary of War, in which he said
the Southern States must be subdued, and,
at the end of this contest. there would be no
Firginians, as such, or Carolinians, but all
Americans.


L call on Senators to defend the constitu-
tionality of these acts, or else admit that
they cary on this contest without regard to
the Con'titution. content myself in say
ing thatit never was contemplated by the
trainers of the Constitution that this Govern
ment should be maintained by military force
or by slhjugating differentpolitical commu-
mites: 1t was declared by Madison and by
Hamilton himself that there was no compe-
tency in the Government thus to preserve
it. Suppose the military subjugation is sue
cessfuIsuppose the army marches through
Virginia and the Gulf States to New Or
leans-then the war is prosecuted unconsti-
tutionaly. Even ifthere was warrant of law
for it. would be the overthrow of the Con-
stltutlol. There is no warrant in the Consti-
tuition conduct the contest in that form.


In further proof of how they intend to
conduc this contest, refer to the speech of
the etquent Senator from Oregon, (Mr.
BakefD when he declared he was for direct
war, aid said that for that purpose nobody
was asgood as dictator. Is anything more
necessary to show. that so far as that Sena-
tor is oncerned, he proposed to conduct the
contestwithout regard to the Constitution
heart no rebuke administered to the emf
nent snator, but, on the contrary, saw
warm congratulations, and the Senator de-
clared hat, unless the people of these States
were Wiling to obey the Federal Govern {
ment, hey must be reduced to the condition {
of territories, and, he added, he would gov
ern thin by Governors from Massachusetts
and llnois. This was said seriously and
afterwrds repeated. ,


Mr.Baker explained. He said he was t
delivemg speech against giving too much
power the President, and was keeping his a