There is no offense known to the laws, which a citizen of the United States can commit, which is not cognizable by one or the other of the courts instituted by virtue of, or under the authority of the Constitution, and hence there is no excuse whatever for the Executive branch of the Government to arrest and hold arbitrarily, any person suspected or accused of the commission of an offense. And in the late cases occurring at St. Louis and at Baltimore, where the execution of the writ of habeas corpus has been resisted by military power, under, it is presumed, the direction of the President, there is presented as violent a conflict between the Judicial and Executive branches of the Government, as was foreseen might occur by the framers of the Constitution, and which they provided against so far as human forethought inspired by Patriotism, could prevent such a conflict, and protect and preserve the liberties of the people by a written law.

But now the Executive commands the services of three hundred thousand men in arms and resists and defies the authority of the courts. Of what avail is the writ of a court, served by an unarmed officer, when its execution is thus resisted by the very power by which the Constitution prescribes it should be enforced, if its execution should be resisted? What security is there for liberty or for constitutional rights in this state of things?-All depends upon the will of the Executive, nothing upon the guaranties of the Constitution.

From the Dubuque Herald, June 19th, 1861.

USURPATIONS OF POWER BY THE PRESIDENT OF THE U. S.

The Constitution of the United States, which every officer of the Government is sworn to support, from the President, who is at the head of the Ad

ministration down to the boy page in Congress whose duty it is to bring a glass of water to a Legislator, defines the duties of each branch of the Federal Government, prescribing to each branch its separate functions and putting restraints upon power which might be used to the prejudice of the people for whose benefit the Government was instituted.

For some time past, in the performance of the duties which we assumed as editor of a public jour nal, which professes to speak in behalf of a political party whose fundamental principles and rule of action is embraced in the Constitution, we have found it necessary to point out and animadvert upon assumptions of power by the President of the United States, which assumptions are not only unwarranted by the Constitution from which he derives any authority at all, but which are given expressly to another branch of the Government. Some persons we find do not believe that the President has usurped any power, and contend that he has acted in strict accordance with the Constitution in every act of his performed.

There is another class who admit that he has acted unconstitutionally, but justify it by the extraordinary circumstances under which he has been called upon to administer the Government.

We propose to show in this article that the President has usurped the prerogatives of the Legislative Branch of the Government and that he has in other respects set the Presidential power far above what it was created by the Constitution of the United States.

In defining and prescribing the powers and the duties of the Congress of the United States, the Constitution, Art. 1, Sec. 8, commences by saying, "Congress shall have power," and then it goes on to enumerate and prescribe definitely and in detail what Congress shall have the power to do.

Among these powers given and duties prescribed to Congress, is "To regulate commerce with foreign nations and among the several States." Yet the President has assumed to himself the prerogatives of suspending commerce between the Northern and Southern States, and of blockading the ports of certain States, a prerogative which, if it exists at all in the Government, belongs to Congress and not to the President, to exercise.

Another power vested in Congress is "To establish post offices and post roads." Now, although nothing is said in this provision of the Constitution as to the abolishment of post roads or of post offices, it is fair to presume that it is to that branch of the Government to which the power to establish post offices and post roads has been given, the power to abolish them belongs also. Yet the Executive branch of the Government has practically abolished the post offices and post roads in several of the States, thus virtually acknowledging their separate existence and putting them beyond the pale of the Constitution.

Another power given to Congress by the Constitution is "To define and punish piracies, felonies committed on the high seas, and offenses against the law of Nations."

This power has been usurped by the Executive, if common report be true, of his having given instructions to United States cruisers to treat as pirates all persons sailing under the flag of States in rebellion against the United States, and of his assuming, not only to punish offenses against the laws of Nations, but of defining what these laws are, modifying and changing these laws as they have been recognized to exist since the formation of the Government.

The next power conferred on Congress is "To declare war, grant letters of marque and reprisal,

and water without Congress having authorized be done; and prizes are disposed of under th thority and directions, not of Congress, but of Executive. And it is even intimated, but w not assert its being true, that letters of marque been issued by direction of the President, a whatever extent the President has acted in the ter, in usurpation of the power of Congress.

The Constitution further says that Congress have power "To raise and support armies; bu appropriation of money, to that use, shall be f longer period than two years.'

See with what jealous care the power to raise support armies is vested in Congress even. It is in the Constitutional power of Congress, to pro for the subsistence of an army for a longer pe than two years, such was the apprehensions of patriots who gave us a Constitutional Governm of standing armies; yet the President of the Un States does not hesitate to raise armies and in face of an Act of Congress, providing that he s not call an army into the field not even to press insurrection, for a longer period than till th days after the meeting of Congress, he ra armies to serve for three years or during a war wl has not been declared by Congress and of wh Congress has no official knowledge, for which it made no appropriation, and which it has not recognized in any manner whatever.

The Constitution invests Congress with the p er "To provide and maintain a Navy."

Never before since the formation of the Gove ment, till recently, did the President of the Uni States arrogate to himself the power to build sh of war. Congress performed this duty in confor

ity with the Constitution, and the Presidents heretofore confined themselves to the discharge of duties in relation to the Navy prescribed by Acts of Con

gress.

The Constitution invests Congress also, and not the President, with the following powers:

"To make rules for the government of the Land and Naval forces:

"To provide for calling forth the Militia to execute the laws of the Union, suppress insurrection and repel invasion:

"To provide for organizing, arming and disciplining the Militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers and the authority of training the Militia according to the discipline prescribed by Congress."

All these powers have been usurped by the President.

He has through his subordinates, made "rules for the government of the Land and Naval forces,' without authority of Congress.

He has called out the Militia for a longer period of service than is authorized by Congress, although Congress refused at its last session to give him the power to do so, even when his party friends in Congress disclaimed that it was his intention to do anything else with the forces asked for, than to reclaim the property of the United States seized by the Rebels.

He has not in a single instance attempted to execute the laws of the Union with the forces he called into service, but on the contrary has used them to violate the laws and Constitutions of States and of the United States. He has not only arrogated the power vested in Congress of organizing, arming and disciplining the Militia, but he has usurped the rights reserved by the Constitution to