MR. BRECKENRIDGE. They are all, in my opinion, so equally atrocious that
I dislike to discriminate. I will send the Senator the bill, and I tell
him that every section, except the last, in my opinion, violates the
Constitution of the United States; and of that last section, I express
no opinion.


MR. BAKER. I had hoped that that respectful suggestion to the Senator
would enable him to point out to me one, in his judgment, most clearly
so, for they are not all alike--they are not equally atrocious.


MR. BRECKENRIDGE. Very nearly. There are ten of them. The Senator can
select which he pleases.


MR. BAKER. Let me try then, if I must generalize as the Senator does,
to see if I can get the scope and meaning of this bill. It is a bill
providing that the President of the United States may declare, by
proclamation, in a certain given state of fact, certain territory within
the United States to be in a condition of insurrection and war; which
proclamation shall be extensively published within the district to
which it relates. That is the first proposition. I ask him if that is
unconstitutional? That is a plain question. Is it unconstitutional to
give power to the President to declare a portion of the territory of the
United States in a state of insurrection or rebellion? He will not dare
to say it is.