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the legislative powers of the Government the | son's conduct at New Orleans in 1807-conduct expressions are, all legislative powers herein in fact approved by him, and not disapproved granted shall be vested in the Congress of the of by any Congressional legislation-a comUnited States.' In that which grants the ex-mentary on the English form of government, a ecutive power, the expressions are, the execu- Government resting as to nearly all its powers tite power shall be vested in a President of the upon usage and precedent, or to the otherwise United States.' The enumeration ought, there- unsupported authority of the Chief-Justice, and fore, to be considered as intended merely to especially when, as in this instance, he seems specify the principal articles implied in the def- to have departed from or forgotten the docinition of executive power; leaving the rest to trines he maintained in the case in Howard. flow from the general grant of that power, interpreted in conformity with other parts of the Constitution, and with the principles of free government. The general doctrine of our Constitution, then, is that the executive power of the United States is vested in the President; subject only to the exceptions and qualifications which are expressed in the instrument."

These letters were replied to by Mr. Madison, with the ability which ever characterized him, in a series of others under the signature of "Helvidius; " and although he contested almost every other constitutional proposition of Hamilton, he nowhere called into doubt the correctness of his rule of construction. His silence under the circumstances must, therefore, be assumed as his assent to the rule; and the rule, therefore, stands on the highest authority we can have-that of the two ablest and purest statesmen the country has ever possessed, and who were especially conspicuous in giving us the Constitution which, uniting us as one people for all purposes requiring such a union, has so exclusively and greatly promoted our power and prosperity as a nation. The rule, too, was maintained in the strongest terms by President Jackson in his protest of the 15th of April, 1834.

That rule, then, being the true one, the only question in the case is, whether the power which the President is exercising is in its nature an executive one. That it is, has been, it is believed, satisfactorily shown; and under the rule stated by Humilton, impliedly sanctioned by Madison, and expressly adopted by Jackson, it is in the President by force of the general delegation to him of the Executive power.

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If with the opinion the President now is supposed to hold, to use in part the words of President Jackson, in the protest referred to, he should be induced to act in a matter of official duty contrary to the honest convictions of his own mind, in compliance with the (opinion of the Chief-Justice) "the constitutional independence of the Executive department would be as effectually destroyed and its power as effectually transferred to" (the Judiciary department) "as if that end had been accomplished by an amendment to the Constitution.

This paper has been made the more elaborate because of the justly high character of the Chief-Justice of the United States, and because of a desire to satisfy the judgment of the people of the country upon the point in issue between that functionary and the President; a people whom the President is faithfully serving with all the ability he possesses in this crisis of their Government, and whom he hopes to be able, when he retires from the elevated office in which their confidence has placed him, to leave in the peaceful and happy enjoyment of an unbroken Union, and an undisturbed and faithful execution of the laws.

Doc. 59.

A VIRGINIAN WHO IS NOT A TRAITOR.
RESPONSE OF LIEUT. MAYO, г. S. N., TO THE

PROCLAMATION OF GOV. LETCHER.

U. S. Ship ST. MARY'S, Mare Island, Cal

To John Letcher, Governor of Virginia:
SIR-I have this day seen for the first time
an ordinance of "the Convention" issued-
"the injunction of secrecy being removed "-
in form of a proclamation by order of the Gov-
ernor, by Geo. W. Munford, Secretary of the
Commonwealth. One section of this ordinance

Upon the whole, then, the President, it is thought, has had no doubt, and is believed not now to entertain any, as to the authority which he has exercised, and will, it is supposed, continue to exercise. On such a point he would naturally be guided by such general reasoning as is here assigned-the authority of Gen. Jack-reads thus: son's example at New Orleans, (not mentioned by the Chief-Justice,) afterwards impliedly sanctioned by Congress, who indemnified him for its exercise, and the solemn decision of the Supreme Court, before mentioned, pronounced thirteen years since, and never afterwards questioned by that or any other tribunal-rather than by the authorities relied on by the ChiefJustice, that is to say, a clearly extra-judicial observation of Chief-Justice Marshall, a mere doubt of Mr. Justice Story, an alleged doubt of Mr. Jefferson, nowhere, however, proved to have been felt, of the legality of Gen. Wilkin

"And that he (the Governor) shall immediately invite all efficient and worthy Virginians, and residents of Virginia in the Army and Navy of the United States, to retire therefrom and to enter the service of Virginia, assigning to them such rank as will not reverse the relative rank held by them in the United States service, and will be at least equivalent thereto."

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John Letcher, for the sake of the American character, I deplore that the "injunction of secrecy was removed. I was slow to believe that any body of Virginians, met in solemn convention, could have deliberately authorized

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Lieutenant United States Navy.

Doc. 60,

MEETING AT DOVER, DELAWARE,
JUNE 27, 1861.

you, the Governor, to "invite" all efficient | Convention," made "public" by you, its organ. and worthy Virginians, and residents of Vir- It is cut from the same "secret" piece, dyed in ginia in the Army and Navy of the United the wool, as the perfidy of Harper's Ferry and States, to betray their trust, to turn their hand, Gosport Navy Yard. I decline to yield myself their efficiency, and their worth against the flag upon the invitation of "The Convention," a which has given them all they have and all disgraceful subordinate to Jeff. Davis, and unthey are worth. I can hardly believe that worthy and inefficient Virginian that I am, not any body of the select men of the Old Domin- all the wealth, biped and landed; not all the ion could "invite" any man through their Gov-honors which the Old Dominion can create, ernor, whether an "efficient or worthy Virgin- will ever seduce me from a full and unreserved ian or even the bugbear of a Yankee "resident devotion to the Stars and Stripes. of Virginia," to become an honorable deserter. You, sir, might have restored peace to your Even with the tangible evidence before me, I country, but you would not. W. K. MAYO, am in doubt as to the identity of the ordinance. I feel assured, sir, that the fifty odd loyal and true men-reduced by some secret" political hocuspocus to a baker's dozen-who voted against secession, did their best to save the State from this execrable abuse of its people. Western Virginia, certainly, does not lend itself to such "invitations." If I remember aright, sir, the leading State Rights men of Virginia declared, at the time of the Hartford Convention, that the secession of a State from the Federal Union was treason. How can leading State Rights men from Virginia now "invite" the military officers of that same Federal Union to commit the sin which then was so damnable? What system of morals works the change? John Letcher, I am not a politician, though I am a Virginian by birth. I am no Southerner, nor Northerner, nor Western man. I am a citizen of the United States. It requires no political acumen to discover that "The Convention," whose orders you obey by publishing its own precept "for the benefit of the public, perpetrated a gross fraud upon the people of Virginia and a grosser outrage upon the people

and Government of the United States. Your Convention has precipitated the State into hostility against the Government, and has insulted the people. It has, however, as an offset shown the hand of those who now, unhappily, direct the State.

John Letcher, I am not your mercenary, nor the mercenary of "The Convention."—My primary and only allegiance is due and rendered to the United States. The United States has cared for me for many years, and its flag is endeared to me by too many associations to be lightly abandoned and turned against in this hour of its direst peril, particularly upon the promises to pay of an exhausted Treasury and the promises of "rank" from a State whose militia, by her own showing and invitation, is cominanded by a foreigner, who is a traitor to that Government to which the people of Virginia are faithful despite the unholy and unpatriotic action of "The Convention."

If, sir, I were to forsake the Stars and Stripes in this dread hour and join your banner, what assurance would you have that I would not betray you? Surely not that of honor, not that of patriotism.

John Letcher, Governor of Virginia, I scornfully reject the infamous proposal of "The

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THE following are the resolutions passed on the occasion:

1. Resolved, That while we deeply deplore the revolution which has severed eleven States from the Union, we prefer peace to civil war, and believe that if a reconciliation by peaceful means shall become impossible, the acknowledgment of the independence of the Confederate States is preferable to an attempt to conquer and hold them as subjugated provinces.

2. That the reign of terror attempted to be inaugurated by the war party, by denouncing all men as disunionists, secessionists, and traitors, who are opposed to civil war, and to the palpable and gross violations of the Constitution, committed by the present Administration, will not deter us from the expression of our opinions, both privately and publicly.

3. That we believe the effect of the doctrines and measures of the war party, if not their object and intent, under the name of preserving the Union, will be the subversion of the State Governments, and the erection of a consolidated government on the ruins of the Federal Constitution.

Resolved, That we tender our grateful thanks to Senators Bayard and Saulsbury, for the bold and patriotic stand they assumed, in the recent session of the Thirty-sixth Congress, for the maintenance of the peace and prosperity of our now distracted country, and we earnestly request them to use all honorable means to bring the "civil war" which now hangs over us like an incubus, to a speedy close, and, if in their judgment no other mode presents itself whereby this end can be attained, to advocate the acknowledgment by the United States Government of the independence of the Confederate States, so that peace and prosperity may be restored among us.

Resolved, That the menace demanding the resignation of the Hon. James A. Bayard, one of our Senators in the Senate of the United States, originated in mob spirit, and should receive from him the scorn and contempt which it merits from every honorable man,

Resolved, That, in the opinion of this meeting, there is no necessity for convening the Legislature of this State.

Doc. 60.

GEN. SCHENCK'S DEFENCE.

CAMP UPTON, Va., Tuesday, June 25, 1861. I FIND in the telegrams of the 22d inst., the following "special despatch: "

"A strict examination of the causes of the

lamentable affair at Vienna, has resulted in the exculpation of the engineer of the train which took up the Ohio troops. The responsibility of the blunder which resulted so disastrously for our troops, rests upon Gen. Schenck."

Now that you have published the above, will you do Gen. Schenck the justice to publish also this communication?

I was at the time acting aid to Gen. Schenck, and at his side both upon and during the action, and have full knowledge, therefore, of every order given.

The First Ohio Regiment were taken on a train furnished by Gen. McDowell, and pursuant to his orders. Six companies were left at different points along the line of the Loudon and Hampshire Railroad. The four remaining companies were to be stationed at Vienna. This same train had only the day before been at Vienna-not at Vienna alone, but three miles beyond-with Gen. Tyler and staff, who reported "no evidence of troops in that neighborhood." It is true that some one told Gen. Schenck that some other man had heard that somebody had said that there had been 700 rebels at or near Vienna. He had no foundation on which to base even a delay of so important a move, let alone to disobey his orders. An officer, in the command of a post in the enemy's country, soon learns to appreciate wild rumors. When within a mile of the village, the train was ordered to proceed cautiously, and Major Hughes, with the General's fieldglass, was placed as the lookout on the forward

car.

The battery being masked by bushes, was not discovered until the moment it opened fire. The train was almost instantly stopped. The General first ordered me to have the train drawn out of range. I immediately went to the platform next the engine, which was in the rear, followed by the General himself, who repeated his order after me. The engineer, who was much excited and in evident fear, stammered out that the brakes were down, and he could not move. I at once unloosed the brakes on the platform where we stood, ran back and unwound that of the car next behind, and gave orders to have all the rest done.

I then went back and informed the engineer of the fact. Meanwhile, some one uncoupled the first car with the engine and tender, from the rest of the train. The General then gave

special orders to the engineer to move a short distance down the road, and there await us.

He at once started off as quick and fast as he could, and ran, as we were informed by parties along the road, as if the devil were after him," to Alexandria, where he probably yet remains.

ets.

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By taking off in this manner the one car, he deprived us of all means of sending for reënforcements, or of carrying our wounded back to camp, except laboriously and painfully in blankThe case of surgical instruments which our surgeon, who was with us all the time, had placed in charge of an attendant on the cars, the poor sufferers until next morning. was carried off, and nothing could be done for

the officers and men of the brigade attach no The men who were present, and, in fact, all blame to General Schenck, who only obeyed special orders from head-quarters, and, so far from abusing, they all praise his coolness under fire, his judgment and officer-like conduct in rallying and forming his men on either side of the road. No officer could have obeyed his instructions better, and no man could have done more to retrieve the disaster, and save his command from utter annihilation.

This statement is not made to shield any one, or to throw blame where it does not belong; but being present, and possessed of facts which probably but few have knowledge of, I write the above to render justice where justice is due. WM. H. RAYNOR,

First Lieutenant, Co. G, Second Regiment O. V. M.

Doc. 61.

GOV. PETTUS' PROCLAMATION.

EXECUTIVE OFFICE, JACKSON, MISS.,
June 23, 1861.

WHEREAS, it is probable that Mississippi will be called upon to put forth her full military strength; and whereas, arms manufactured specially for war cannot be secured in sufficient numbers to arm all who are willing and anxious to take part in the present conflict, I have deemed it proper and necessary to the defence of the State, to call the attention of the people to the fact that they have in their possession arms which can be made efficient for war purposes, sufficient to arm twenty-five thousand men; and to invoke the aid of all State and county officers in collecting these arms and placing them in reach of the State authorities. Let the Boards of Police of each county forthwith assemble and send an agent into every police beat, and urge the citizens to send to the county seat all surplus firearms, shot-guns, or rifles, of every description, new or old, in order or out of order, and when collected, let them be valued by just and discreet men appointed by the Board of Police, and the State will become responsible for their value to people sending them. Let them be sent to Jackson where they can be repaired. Small rifles can be bored to the proper calibre, old guns re

paired, and broken ones mended. I further enjoin it on all officers of the State, and earnestly invoke the aid of all patriotic citizens, to use every effort to collect the scattered arms belonging to the State, and send them forward to Jackson. Let every company which is not in a position to receive arms from the State, arm themselves with double-barrelled shot-guns, (for they can be made as efficient as muskets or rifles,) and hold themselves in readiness to move at an hour's notice. If seconded in these measures, as I hope and believe I shall be, by the gallant men of Mississippi, we will then be able to send our insulted, invaded, and outraged friends of the Border States all the aid they may need, and have arms enough left to make Mississippi a land of fire to an invading foe. JOHN J. PETTUS. -Jackson Mississippian, June 25.

Doc. 62.

July 1.

the marshal; and if any so admitted violate
the municipal laws and regulations, they shall
be punished by the civil law and by the civil
tribunals.
NATHL. P. BANKS,

Maj. Gen. Commanding Dept. Annapolis.

Doc. 62.

VIEWS OF A SOUTHERNER.

WE are permitted by a friend in Charleston to publish the following extracts from a private letter lately received from a distinguished statesman and able citizen, now in retirement:

I thought also that if only Georgia would secede with South Carolina, the North would see at once the folly of any attempt at coercion, and acknowledge our independence. But, lo! after seven States had seceded and formed a new and glorious Constitution, they make war upon us; and after four other States had joined us, and there was scarcely a doubt that three more would soon, they continued war on the largest and most formidable scale. Interests! These people are mad. The reason of it, aside from what I have said, is palpable to any reflecting man who has travelled over Europe.

If you have not done so, you may hesitate to believe me when I say that the masses of even Western Europe are less civilized than our ne

GEN. BANKS' PROCLAMATION. HEAD-QUARTERS, DEPARTMENT OF ANNAPOLIS, In pursuance of orders issued from the headquarters of the army at Washington for the preservation of the public peace in this department, I have arrested, and now detain in the custody of the United States, the late members of the Board of Police, Messrs. Charles How-groes. ard, Wm. Getchell, John Hincks, and John W. Davis. The incidents of the past week have afforded justification of this order. The headquarters under the charge of the board, when abandoned by their officers, resembled in some respects a concealed arsenal. After a public recognition and protest against the suspension of their functions, they continued their sessions daily. Upon a forced and unwarrantable interpretation of my proclamation of the 28th ult., they declared that the police law was suspended, and that the police officers and men were put off duty for the present, intending to leave the city without any police protection what

ever.

They refused to recognize the officers and men necessarily selected by the Provost Marshal for its protection, and hold subject to their orders now and hereafter the old police force, a large body of armed men for some purpose not known to the Government, and inconsistent with its peace and security. To anticipate any intentions or orders on their part, I have placed temporarily a portion of the force under my command within the city.

I disclaim on the part of the Government I represent, all desire, intention and purpose, to interfere in any manner with the ordinary municipal affairs of the city of Baltimore. When ever a loyal citizen can be named who will execute its police laws with impartiality and in good faith to the United States, the military force will be withdrawn from the principal portions of said city. No soldiers will be permitted in the city, except under regulations to

With greater capacity for it, they have been forever so ground down that they have no more knowledge, and far less sentiment and polish than even our rice negroes. Some five millions of them have been precipitated upon the North in these last twenty years, and have been made, by Sewards, Greeleys, Beechers, &c., &c., to suck in the hydrogen gas of madness under the name of liberty. Thus their votes have been secured for their infamous Republican party. But Seward and Greeley split. Seward wished to keep them in order, Greeley (insane himself) turned them loose on Seward, made them put Soulouque Lincoln on the throne, and compelled Seward to act as his Prince of Marmalade. Now, what next? "The wind bloweth where it listeth." But there is a God over all. And, certainly, He has thus far been with us.

The wealth of the North, great nominally, is on the surface of the earth. Cities, machineshops, railroads, ships, stocks, &c., &c. It has no vitality-no power of production, but what labor gives it. But there, as everywhere, all seek to avoid "the sweat of the brow," and prefer to labor with the brain rather than with the muscles. Hence their cultivated ingenuity, Hence the credit system, the banks and bills of exchange, which came in first with the nonworking Israelites, and after, withal, when slavery began to decay in the old world. But this credit system is a bubble which floats on till it is punctured, and there's an end.

The wealth of the South consists in the solid earth from its surface to its centre; in real compulsory labor, and in ample brain to man

age that and much more. With this labor, |"isms " seem to have the whip-hand of reason well recompensed, we draw from a bountiful and interest. If Russell did write what is exsoil, millions and millions of money-real money -year after year; wholly independent of any other power than our good God. We need no credit from banks and capitalists to sow our seeds and harvest its fruits. Credit is to us a nuisance, nay, the upas tree, the fatal tempter. And so far as we, or any one of us, have taken in its fatal poison, just so far we depart from our true policy, and the part assigned us in this world. Whenever, as from time to time it must happen, that the bubble credit is punctured, all those (and none but those) who have yielded to the temptation are destroyed.

I

Now, credit has collapsed in the North, and, may as well say in the South, but with this difference: The North have no rents, no dividends, no freights, no humbug speculations in their future. The South has already half grown a crop, the surplus of which will command in the markets of the world two hundred millions of specie, and she will have the same or more next year, and the next, unless she is overrun and subjugated, which cannot be done, or her ports blockaded, which possibly may be done. But in the latter case, this is her surplus, and she can live longer without it than any customer for it can. Our resources then are immense, annually recurring independently of the world, and inexhaustible. The North is already nearly used up. The last small loan at 85-the next at, if larger, 50 or 40. With her grand cities, her magnificent machine shops, her railroads and her vast tonnage, what can they do without the vital current with which our labor has hitherto mainly supplied them? I don't see how they can ever again bring into the field any thing like the forces they now have, nor how they can sustain these for any length of time.

tracted from his sixth letter, and Lord John did say that our privateers should not carry prizes into British ports, thus changing all that the law of nations has established as to belligerent rights, I give the whole world up to its "isms." Without any uselessly harsh expressions, we should quietly take the ground that if our exports are not wanted we can live within ourselves, and it shall be prohibited to send them abroad. Let them try that, and if England breaks the blockade for cotton, rice, and tobacco, make her say "Please, sir," under the guns of our forts before she shall have a pound of any thing.

Among all the extraordinary events of the last few months, the most surprising, the most marvellous, and the most fearful, is the palpable revelation that the people of the free States, high and low, from Everett and Cushing to the lowest Zouave, including Meagher, were fully ripe for a military despotism. They have accepted it without a moment's hesitation, given their Constitution to the winds, rushed into its embrace, and surrendered themselves without a murmur and without reserve, to the power of a man who is known to have no experience in arms or government, and who has shown himself to be a blackguard, a liar, and a coward. Such stupidity and baseness are without parallel in human history.

-Charleston Courier, June 21.

Doo. 63.

SPEECII OF CHARLES D. DRAKE, DELIVERED AT THE CITY OF LOUISIANA, MO., JULY 4, 1861.

FELLOW-CITIZENS:-Honored by your invitaNow is the time to put forth all our strength. tion to address you on this venerated and cherOur banks should be abolished in favor of indi-ished anniversary, I was led to comply, not vidual brokers, who would do all they do for less by a sense of dutiful obligation to our us, and better. Our Government wants money mother land, than by the impulse of true and now. It wants to anticipate the revenue, and reverent affection for those free institutions, so much of the growing crop as planters can which have been to the American people only give up. How can it do it? Your papers are a fountain of inestimable blessings, but which silent on the recent act authorizing a loan. It are now threatened with disaster, if not subis not at all understood in the country, and no- version and destruction. Clouds and darkness body comes here, as Stephens in Georgia, to are above us; the fires of unholy and reckless enlighten the people and stir them up. passions are around us; the convulsed earth trembles beneath us; and there is no WASHINGTON!

We all know that our all is on the issue, but we don't know how to make it TELL. I know, and all could soon be made to know, that if the At such a time, I rejoice-and who that preConfederate Government goes down we all go tends to patriotism will not rejoice?—that I down, and that property, and even life, outside can still salute you as fellow citizens, not only of its success, is nothing. It is our mission, I of the noble State we inhabit, but of those think, to come out of this with negro slavery United States, to the Union of which Missouri established and recognized, as the true basis of owes her existence as an American State, and society and government in all staple-growing from the Union of which her people have recountries. I thought the North would see and ceived untold benefits. The bond of brotherfollow its interests. I thought Europe would hood between us is not yet severed; and here, do the same, and supposed it had done it when as brothers, beneath the glorious flag which England agreed to recognize us as "belliger- symbolizes that Union, let us devoutly thank ents," which is all the recognition I want. But the God of our fathers for His goodness in the

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