chief charge was, that weeks before he had | putting, so far as we can, in the hands of the been concerned in treasonable acts. Was not President of the United States, the power of a the judicial authority there to take charge of dictator. With such a beginning as this, what him, and, if convicted, to punish him? If there are we to expect in the future? When we see was a necessity in the present state of affairs, men imprisoned within hail of the capitol. and Congress in session here, then what a long without warrant, and Congress in session, and necessity we have before us and impending the courts paralyzed, and Congress not rising in over us. Let Congress approve and ratify these a protest of indignant terms against it, we may acts, and there may occur a necessity which well be filled with gloomy forebodings for the will justify the President in superseding the future. What may we expect, except a line of law in every State in this Union, and there will conduct in keeping with what has been done ? not be a vestige of civil authority left to raise Is this a contest to preserve the Union? If so. against this usurpation of military power. But then it should be waged in a constitutional I deny this doctrine of necessity. I deny that manner. Is the doctrine to obtain that provthe President of the United States may violate inces are to be entirely subordinated to the the Constitution upon the ground of necessity. idea of political unity? Shall the rallying cry The doctrine is utterly subversive of the Con- be, the Constitution and the Union, or are we stitution. It substitutes the will of one man prepared to say that the Constitution is gone, for a written Constitution. The Government but the Union survives? What sort of a Union of the United States, which draws its life from would it be? Let this principle be announced. the Constitution, does not rest upon an implied and let us carry on this contest with this spirit, consent. It rests upon an express and written winking at or approving the violations of this consent, and the Government may exercise such sacred instrument, and the people will soon bepowers and such only as are given in this writ-gin to inquire what will become of our liberties ten form of government. The people of these at the end of the experiment? The pregnant States conferred on this agent of theirs just question for us to decide is, whether the Consuch powers as they deemed necessary. All stitution is to be respected in this struggle, or others were retained. The Constitution was whether we are called upon to follow the flag made for all contingencies-for peace, and for over the ruins of the Constitution? I believe, war; and they conferred all the power they without questioning the motives of any, the deemed necessary, and more cannot be assum- whole tendency of the present proceedings is to ed. If the powers be not sufficient, still none establish a government without limitations, and others were granted, and none others can be radically to change our frame and character of exercised. Will this be denied? Is the idea Government. I was told the other day by a to be advanced that all constitutional questions distinguished American, that many Americans are to be made subordinate entirely to the abroad, when asked this question about the presopinions and ideas that may prevail at the hour ent condition of things here, "We thought your with reference to political unity? It has been Federal Government rested on consent, and how held heretofore, and I thought it was axiomatic do you propose to maintain it by force?" the and received by the world, that the terms of answer would often be, "It was intended to rest the Constitution of the United States were the on consent, but it has failed. It is not strong measure of power on the one side, and of obe-enough, and we intend to make it strong dience on the other. Let us take care how we enough, and to change the character of the establish a principle that, under any presumed Government, and we will give it all the stress of circumstances, powers not granted strength we deem essential without regard to may be assumed. Take care and do not fur-the provisions of the Constitution, which was nish an argument to the world and history, that made some eighty years ago, and has been it shall not respect that authority which no found not fit for the present condition of longer respects its own limitations. These are affairs." I think it is well that the attention a few of the reasons that will control my vote of the country should be called to the tendency against this resolution. I hope it will be voted of things. I know there are thoughtful conserupon, and if it should receive a majority, as I│vative men-thousands of men who love the fear it will, it will be an invitation to the Presi- Constitution-scattered through the adhering dent of the United States, in the absence of all legislation, to do the acts whenever, in his opinion, it may be necessary. What will be the effect of it in Kentucky, and Missouri, and elsewhere? In his discretion he will feel himself warranted in subordinating the civil to the military power, and to imprison citizens with-made by the present Secretary of War, in which out the warrant of law, and to suspend the writ he said the Southern States must be subdued, of habeas corpus, and establish martial law, to and, at the end of this contest, there would be make searches and suppress the press, and to no Virginians, as such, or Carolinians, but all do all those acts which rest on the will and would be Americans. I call on Senators to deauthority of a military commander. In my fend the constitutionality of these acts, or else judgment, if we pass this, we are on the eve of admit that they carry on this contest without States, who would never consent to make this contest with any purpose to interfere with the personal rights of political communities. He then referred to a suggestion in a Northern paper that a change in the character of the Government was contemplated, and also a speech regard to the Constitution. I content myself | tended that the very title was enough to show in saying that it was never contemplated by that the Constitution was to be put aside. the framers of the Constitution that this Gov- Mr. Bingham (Mich.) asked if he contended ernment should be maintained by military force this was not a slaveholders' rebellion. or by subjugating different political communities. It was declared by Madison and by Hamilton himself that there was no competency in the Government thus to preserve it. Suppose the military subjugation is successfulsuppose the army marches through Virginia and the Gulf States to New Orleans-then the war is prosecuted unconstitutionally. Even if there was warrant of law for it, it would be the overthrow of the Constitution. There is no warrant in the Constitution to conduct the contest in that form. In further proof of how they intend to conduct this contest, I refer to the speech of the eloquent Senator from Oregon, (Mr. Baker,) when he declared he was for direct war, and said that for that purpose nobody was so good as a dictator. Is any thing more necessary to show that, so far as that Senator is concerned, he proposed to conduct the contest without regard to the Constitution? I heard no rebuke administered to the eminent Senator, but, on the contrary, I saw warm congratulations, and the Senator declared that, unless the people of these States were willing to obey the Federal Government, they must be reduced to the condition of territories, and, he added, he would govern them by governors from Massachusetts and Illinois. This was said seriously, and afterwards repeated. Mr. Baker (Or.) explained. He said he was delivering a speech against giving too much power to the President, and was keeping his usual constitutional, guarded position against an increase of the standing army, and gave, as an excuse for voting for the bill, the present state of public affairs. He did say he would take some risk of despotism, and repeated that he would risk a little to save all. He hoped the States would return to their allegiance; but, if they would not, he thought it better for civilization and humanity that they should be governed as territories. He did say so then, and believed so now, and thought the events of the next six months would show that it would be better if the senator believed it too. Mr. Breckinridge said the answer of the senator proved what he said, and contended that it was evident that the Constitution was to be pat aside. It was utterly subversive of the Constitution and of public liberty to clothe any one with dictatorial powers. He then referred to the speech of Mr. Dixon, of Connecticut, who said, in substance, that if African slavery stood in the way it must be abolished. Mr. Dixon had the secretary read what he did say on the subject, as published. Mr. Breckinridge said it appeared to him that the most violent Republicans had possession of the Government, and referred to the bill introduced by Mr. Pomeroy to suppress the slaveholder rebellion, and which also contained a provision for the abolition of slavery. He conVOL. II.-Doc. 25 Mr. Breckinridge-I do, sir; I do. He then referred to the refusal of last session to make any compromise, though the Southern leaders said they would be satisfied with the Crittenden Compromise. But all efforts were refused, and now any offers of peace are ruled out of order in one House, and it is vain and idle to argue for it. He wanted to let the country know that Congress deliberately refused the last effort to avert the horrors of an internal struggle. But why utter words? I shall trouble the Senate no longer. I know that no argument or appeal will have any effect. I have cherished all my life an attachment to the union of these States under the Constitution of the United States, and I have always revered that instrument as one of the wisest of human works, but now it is put aside by the Executive of the United States, and those acts are about to be approved by the Senate, and I see proceedings inaugurated which, in my opinion, will lead to the utter subversion of the Constitution_and public liberty. It is vain to oppose it. I am aware that, in the present temper of Congress, one might as well oppose his uplifted hand to the descending waters of Niagara as to risk an appeal against these contemplated proceedings. The few of us left can only look with sadness on the melancholy drama being enacted before We can only hope that this flash of frenzy may not assume the form of chronic madness, but that Divine Providence may preserve for us and for posterity, out of the wreck of a broken Union, the priceless principles of constitutional liberty and self-government. us. Mr. Lane (Ind.) said he wanted to know if the. President had not saved the country, by prompt action. He sanctioned all done, and the people sanctioned it, and he sanctioned all to be done, when our victorious columns shall sweep treason from old Virginia. The Presi dent had suspended the writ of habeas corpus, and he only regretted the corpus of Baltimore treason had not been suspended at the same time. Suppose the Senator from Kentucky had been elected President, would he have refused to defend the Capital when he found that armed rebellion was endeavoring to capture it? He believed not. He proceeded to allude to the seizure of telegraphic despatches, severely commented on as a usurpation of power by the senator from Kentucky. That seizure would be necessary perhaps to implicate certain senators on this floor. He had read this day in a paper that a certain senator had telegraphed that President Lincoln's Congress would not be allowed to meet here on the 4th of July. Mr. Breckinridge said he supposed the senator alluded to him. Mr. Lane replied that he did. Mr. Breckinridge replied that his personal relations with the senator precluded him from believing that he would do any thing of the kind; but he had to say that the statement that he sent such a despatch was totally unfounded. He would not pretend to deny all the charges made against him in the papers. He had attempted it once, but found the charge reiterated in the same journal the second day after he had expressly denied it. He would say however, now that the statement that he had telegraphed Mr. Jefferson Davis, or written him, that Kentucky would furnish him with seven thousand armed men, was, like other charges, totally false. And he had been informed by the governor of Kentucky that the charge in respect to him was equally false. Mr. Lane then proceeded to defend the suppression of certain traitorous newspapers, disarming the people in rebellion, and other acts which the senator from Kentucky deemed to be unconstitutional. Allusion had been made to the compromise of last session, but he would only say that none was made, because of traitors who occupied the now vacant seats. All they asked now was the Kentucky remedy for treason-hemp. On motion of Mr. Wilson, the subject was postponed till Thursday. Doc. 95. GENERAL POLK'S GENERAL ORDER. GENERAL ORDER NO. 1. HEAD-QUARTERS, Division No. 2, MEMPHIS, July 13, 1861. HAVING been assigned to the charge of the defence of that part of the Valley of the Mississippi which is embraced within the boundaries of Division No. 2, I hereby assume command. All officers on duty within the limits of said Divison will report accordingly. In assuming this very grave responsibility, the General in command is constrained to declare his deep and long-settled conviction that the war in which we are engaged is one not warranted by reason or any necessity, political or social, of our existing condition, but that it is indefensible and of unparalleled atrocity. We have protested, and do protest, that all we desire is to be let alone, to repose in quietness under our own vine and our own fig-tree. We have sought, and only sought, the undisturbed enjoyment of the inherent and indefeasible right of self-government-a right which freemen can never relinquish, and which none but tyrants could ever seek to wrest from us. Those with whom we have been lately associated in the bonds of a pretended fraternal regard, have wished and endeavored to deprive us of this, our great birthright as American freemen Nor is this all: they have sought to deprive us of this inestimable right by a merciless war, which can attain no other possible end than the ruin of fortunes and the destruction of lives, for the subjugation of Christian freemen is out of the question. A war which has thus no motive except lust or hate, and no object except ruin and devastation, under the shallow pretence of the restoration of the Union, is surely a war against Heaven as well as a war against earth. Of all the absurdities ever enacted, of all the hypocrisies ever practised, an attempt to restore a union of minds, and hearts, and wills, like that which once existed in North America, by the ravages of fire and sword, is assuredly among the most prodigious. As sure as there is a righteous Ruler of the Universe, such a war must end in disaster to those by whom it was inaugurated, and by whom it is now prosecuted with circumstances of barbarity which, it is fondly believed, would never more disgrace the annals of a civilized people. Numbers may be against us, but the battle is not always to the strong. Justice will triumph, and an earnest of this triumph is already beheld in the mighty uprising of the whole Southern heart. Almost as one man this great section comes to the rescue, resolved to perish rather than yield to the oppressor, who, in the name of freedom, yet under the prime inspiration of an infidel horde, seeks to reduce eight millions of freemen to abject bondage and subjection. All ages and conditions are united in one grand and holy purpose of rolling back the desolating tide of invasion and of restoring to the people of the South that peace, independence, and right of self-government to which they are, by nature and nature's God, as justly entitled as those who scek thus ruthlessly to invade them. The General in command, having the strongest confidence in the intelligence and firmness of purpose of those belonging to his department, enjoins upon them the maintenance of a calm, patient, persistent, and undaunted determination to resist the invasion at all hazards, and to the last extremity. It comes bringing with it a contempt for constitutional liberty, and the withering influence of the infidelity of New England and Germany combined. Its success would deprive us of a future. The best men among our invaders opposed the course they are pursuing at the first, but they have been overborne or swept into the wake of the prevailing current, and now under the promptings of their fears, or the delusions of some idolatrous reverence due to a favorite symbol, are as active as any in instigating this unnatural, unchristian, and cruel war. Our protests, which we here solemnly repeat in the face of the civilized world, have been hitherto unheeded, and we are left alone, under God, to the resources of our own minds and our hearts-to the resources of our manhood. Upon them, knowing as he does those whom he addresses as well as those with whom you are coöperating throughout the South, the General in command feels he may rely with unwavering confidence. Let every man, then, throughout the land arm himself in the most effective manner, and hold himself in readiness to support the combined resistance. A cause which has for its object nothing less than the security of civil liberty and the preservation of the purity of religious truth, is the cause of Heaven, and may well challenge the homage and service of the patriot and the Christian. In God is our trust. LEONIDAS POLK, Major-General P. A. C. S. Commanding. Doc. 96. PEACE MEETING AT NYACK, N. Y. JULY 15, 1861. THE Peace Meeting at Nyack, Rockland County, was one of the largest and most enthusiastic meetings ever held in that county. Not less than 1,800 people were present, representing the wealth, respectability, and intelligence of that region of country. No doubt the meeting was increased in size very much by the efforts of the Republicans to intimidate by threatening to shed the blood of those who should dare to assemble in a council of peace. of our common ancestry, our common sacrifices, our common history, by the glories of the past, and the hopes of the future. 5. Resolved, That every government having a written constitution for its guide, should strictly adhere to its very letter, and no emergency can justify its violation. That the frequent violations of the Constitution of the United States by the present Executive, and by those under his authority, deserve and should receive the unqualified condemnation of every American citizen. 6. Resolved, That the incarceration of John Merryman, George F. Kane, and others at Baltimore, by a military officer, in obedience to the command of the President, without color of law; the utter disregard of the writ of "habeas corpus;" and the contempt shown for the decision of the highest tribunal in our land, are acts of high-handed injustice and aggression which call for rebuke from every constitutionloving and law-abiding citizen. 7. Resolved, That the outrages attempted to be practised by the Superintendent of Police of New York city, through those under him in authority, in arresting Frederick A. Guion while in the lawful and peaceful exercise of the rights of a freeman and an American citizen, while circulating and procuring names to a respectful petition to the President of the United States, has no parallel in the annals of des But so far from any attempt at violence being made, the whole vast throng appeared to be animated with the one impulse of unbounded enthusiasm in the cause of freedom of speech, and of the right of self-government as it was established by our forefathers. The speeches, which were made by Mr. Burr and Mr. Van Loon, occupied nearly three hours, and were constantly interrupted by the wildest demonstrations of approval. Such was the enthusi-potism, is disgusting for its baseness, contempasm created on the occasion, that, before the crowd dispersed, it was unanimously resolved to hold another meeting at the centre of the county. The following resolutions were unanimously adopted:— 1. Resolved, That, while we yield to none in love for the Union of our States, in respect and attachment to our glorious flag, and in fealty and willing obedience to the Constitution and laws of the United States, we nevertheless protest against the attempt to subjugate the people of any State, to bayonet them into a love for our Union, or sabre them into brotherhood. 2. Resolved, That our Government was based upon the cardinal principle "that all governments derive their just powers from the consent of the governed," as proclaimed by Thomas Jefferson, the great Apostle of Democracy-a principle sacredly held and maintained by every eminent statesman and jurist in our land from the time of the Declaration of Independence until the accession of the present Administration to power. 3. Resolved, That we believe that ". war is final and eternal disunion," as declared by the late lamented Douglas; that a continuance of the present war must surely eventuate in a perpetual separation and division of our once happy and glorious Union. 4. Resolved, That we appeal to our brethren throughout the land, North as well as South, to raise their voices once more for peace and for Union. We appeal to all, by the memory tible for its craven and sycophantic imitation, and outrageous for its unparalleled violation of private rights. 8. Resolved, That an enormous standing army, such as is recommended by the President, is repugnant to the principles of our Government and dangerous to the liberties of a free people, involving the expenditure of a vast amount of money, which must be wrung from the people by burthensome taxation directly or indirectly; induces the assumption of arbitrary power, and in all republics of history has led the way for successful generals to despotic thrones. 9. Resolved, That we earnestly entreat our fellow-citizens throughout the length and breadth of our land, without distinction of party, to meet together and place the seal of popular condemnation upon the acts of violence and aggression which are dividing our beloved Union, inviting foreign interference, subverting constitutional and State rights, educating a republican people to favor a dictatorship, destructive to the dearest rights of freemen, and tending to the wildest anarchy and despotism. 10. Resolved, That a copy of these resolutions, signed by the officers of this meeting, be sent to the Hon. Edward Haight, Member of Congress from this Congressional District, and that he be requested to use every effort to stay the present fratricidal war, and urge a just compromise of pending difficulties. 11. Resolved, That the newspapers published in this county, the New York Daily News, New York Herald, Day Book, Journal of Commerce, and Evening Express be requested to publish these resolutions. -N. Y. Day Book, July 16. Doc. 97. THE ADVANCE INTO VIRGINIA. GENERAL MCDOWELL'S ARMY. THE subjoined General Order gives the organization of the Staff and of the several divisions of the army under Brigadier-General McDowell, now advancing into Virginia from the lines opposite Washington. GENERAL ORDERS No. 13. SECOND DIVISION. Col. David Hunter, 3d Cavalry, commanding. First Brigade.-Col. Andrew Porter, 16th Infantry, commanding. Battalion of Regular Infantry, (2d, 3d, & 8th Regiments ;) 8th & 14th Regiments New York Militia; Squadron 2d Cavalry, Companies G & I; Company 5th Artillery, (Light Battery.) Second Brigade.—Col. A. E. Burnside, Rhode Island Volunteers, commanding. 1st & 2d Regiments Rhode Island Volunteers; 71st Regiment New York Militia; 2d Regiment New Hampshire Volunteers; Battery of Light Artillery, 2d R. I. Regiment. THIRD DIVISION. Colonel S. P. Heintzelman, 17th Infantry, commanding. Until otherwise ordered, the following will First Brigade.-Col. W. B. Franklin, 12th be the organization of the troops in this Depart-sylvania Militia; 5th Regiment Massachusetts Infantry, commanding. 4th Regiment Penn ment: STAFF OF THE DEPARTMENT COMMANDER. Adjutant-General's Department.-Captain James B. Fry, Assistant Adjutant-General. Aides-de-Camp.-First-Lieutenant II. W. Kingsbury, 5th Artillery; Major Clarence S. Brown, N. Y. State Militia; Major James S. Wordsworth, N. Y. State Militia. Acting Inspector-General.-Major W. H. Wood, 17th Infantry. Engineers.-Major J. G. Barnard; First-Lieutenant F. E. Prime. Topographical Engineers.-Captain A. W. Whipple; First-Lieutenant Henry L. Abbott; Second-Lieutenant Haldimand S. Putnam. Quartermaster's Department.-Captain O. II. Tillinghast, Assistant Quartermaster. Subsistence Department.—Capt. II. F. Clarke, Commissary of Subsistence. Medical Department.-Surgeon, W. S. King; Assistant Surgeon, David L. Magruder. FIRST DIVISION. Brigadier-General Daniel Tyler, Connecticut Militia, commanding. First Brigade.-Col. E. D. Keyes, 11th Infantry, commanding. 1st, 2d, & 3d Regiments Connecticut Volunteers; 4th Regiment Maine Volunteers; Capt. Varian's Battery of New York 8th Regiment; Company B, 2d Cavalry. Second Brigade.-1st & 2d Regiments Ohio Volunteers; 2d Regiment New York Volunteers; Company E, 2d Artillery, (Light Battery.) Militia; 1st Regiment Minnesota Volunteers: Company E, 2d Cavalry; Company I, 1st Artillery, (Light Battery.) Second Brigade.--Col. O. B. Wilcox, Michigan Volunteers, commanding. 1st Regiment Michigan Volunteers; 11th Regiment New York Volunteers; Company D, 2d Artillery, (Light Battery.) Third Brigade.-Col. O. O. Howard, Maine Volunteers, commanding. 2d, 4th, & 5th Regiments Maine Volunteers; 2d Regiment Vermont Volunteers. BOSTON "TRANSCRIPT" NARRATIVE. WASHINGTON, July 18, 1861. It was a glorious sight, and a rarely inter Third Brigade.-Col. Wm. T. Sherman, 13th Infantry, commanding. 69th & 79th Regiments New York Militia; 13th Regiment New York Volunteers; 2d Regiment Wisconsin Volunteers; Company E, 3d Artillery, (Light Bat-esting privilege, to witness the moving of the tery.) Fourth Brigade.-Colonel J. B. Richardson, Michigan Volunteers, commanding. 2d & 3d Regiments Michigan Volunteers; 1st Regiment Massachusetts Volunteers; 12th Regiment New York Volunteers. advance of General McDowell's vast column of troops towards the "land o' Dixie," on Wednesday morning; and I send you the following details, devoid of all attempts at sensation news, directly from the seat of war. The evening of Tuesday, July 16th, 1861, |