The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1861-07-13

suiStly leEa1. AZ thlS pOloS, t0e lnSurret
'ionists announced their purpose to ent.
upon the practice Of privateering. O.hs
calls were made for volunteers, to serv
three years, unless sooner discharged, an
also for large addition to the regular arm
and navy. These measures, whether s,ric,
ly legal or not, were entered upon uncs
wnat appeared 20 be popular demand an
pubiic necessity. trusting then, as now, ths
Congress would readily rstify them. II
believed that nothing has been done beyon
the constitutional competency Of Congress
/ Soon after the frss call for militia, il va
considered duty to authorize the command
ing General in proper cases, according I
his discretion, to suspend the privilege 0
the writ OF haheas corpus. or in other word
to arrest and deta:n, without resort to tn
ordinary processes and forms Of Law, suc
individuals as he might deem dangerous 4
the public safety. This authority has pur
possiy been exercised but very sparing!y
nevertheless the legality and rropriety O
what has been done under it, are questioned
and the attention of the country has beef
called to the proposition, that one who i
sworn to take care that the laws be faithful
| ly executed, should not himself violate them
VI course, some consideration was given q
the questions of power aud propriety. Be
fore this matter was acted upon, the Who'll,
OF the laws which were required TO be faith
fully executed, were being resisted, and fail
ing of execution, in nearly one third of th,
States, must they be allowed to finally fa
Of execution. Even had it been perfectly
clear that, by the use Of the means necessa.
~ to their execution, some single law made
in such extreme tenderness OF the citizens
liberty, that practically it relieves more OF
the guilty than Of the innocent, should, te
a very limited extent, be violated. To state
the question more directly, are all the laws
but one, to 60 une1ecuted, and Government
Itself go to pieces lest that one be violated!
Even IN such q case would not the official
oath be broken if the Government should
be overthrown, when it was believed tha,
disregarding the single law would tend to
preserve. But it was not believed that this
question was presented; it was not believed
that any law was violated. The proyis-
ions OF the Consultation, that the priv
iieSe of the writ Of Habeas Corpus shall not
De suspended unless when, in cases OF re-
beilion or invasion, the public safety may
require it, is equivalent to provision that
such privilege may be suspended when in
.,,sses Of rebellion or invasion the public
safety ICES resuire it. 1t was decided that
we have n c,rs of rebellion, and tha. the
public safety does .rssnuire :he qualified sus-
pension of the privilcge Of the writ, which
was authorized to be made. NOW !tis IN
sisted that Congress, aud not the Ez zecutise.
is vested with this power; but the Constitu-
ton itself is silent as to which, or who, is &c
exercise the power; and as the provision was
plainly made for dangerous emergency, it
cannot be believed that the trainers OF the
instrument intended that 10 every case the
danger should its course until Congress
should be called together, the very assem-
bling of which might be prevented, as was
intended in this case by the rebellion. No
more extended argument is now offered, as
an opinion a, some length will probably be
presented by the Attorney General, whether
there shall be any legislation upon the sub:
iect, and if any, what is submitted entirely
to the better Judgment of Congress. The
fosbearance Of this Government had been
so extraordinary and so long continued as to
lead some foreign nations to shape their ac-
ton as if they supposed the early dissou-
ton Of our National Union was probable.
While this, on discovery, gave the Execu-
tive some concern, he is now happy to say
that the sovereignty and rights Of the United
States are now everywhere practically re-
spected by foreign powers, and general
sympathy with the country is manifested
throughout the world. The Secretaries Of
the Treasury, War and the Navy, will give
the information in detail deemed nesessary
and convenient for your deliberation and
action while the Executive and all the De-
partmeuts will stand ready to supply omis =.
sions or to communicate new facts consid-
cred important for you 10 know. 1t is now
recommended that you give the legal m ans
for making this contest short and decisive
one; that you place at the disposal Of the
Government for the work at least four hun
dred thousand men and four hundred mill
ions Of dollars. That number Of men, about,
one-.enth Of those Of proper ages, within
the region where appar emily all are willing
to engage, and the sum is less than twen-
tY-third part Of the money value owned by
the men who feel ready to devote the whole
amount Of six hundred millions of dollars
now. is a less sum per head than was the
debt Of our Revolution, when We came out
of that strggle, and the money value in the
country now bears even greater proper
ton to what it was then. than docs the pop
uIation. Surely each man has as strong a
motive now to preserve our liberties, as each
had then TO establish them--a right result
at this time will keep the North mere to the
world than to the world than ten times the
money. The evidence reaching US from the
country leaves US DO doubt that the m materi
al for the work is abundant, and that il
needs only the hand Of legislation to give il
legal sanction, and the hand Of the Execu.
tive to rive it practical shape and efficiency
| One Of the greatest perplexities Of the Gov.
ernment is to avoid receiving troops taste,
than provision can be made for them. in q
word, the people will save their Govern.
mens II the Government itself will Dc il
part only indiferensly we'll. It might seem
at first thought Of but little difference wheth'
| er the present movement at the South b,
called secession or rebellion; the movers
| however, well understood the difference q
/ the beginning. They knew they could neve
raise their treason to any respectable mag
nitude BY any name which implies violstio,
| Of Law. They knew their people possesse,
as much moral sense, and ~ much pride 90,
reverence for the history and governmen
| Of their common country, as any other CIV
| ilized and patriotic people. They knew the
could make no Advancement directly j
the teeth Of these strong and noble ssnsi
ments. Accordingly they commenced by .
insiiious dsbauchery Of the public mind
they united an ingenious sophi.m. which,
conceded, was followed by perfectly iogica
sieps through all the incidents to the con
pleis destruction Of the Union; the sophis'
! itseis is, that any State Of the Union may
1 consistently with the national Constitution
aud, therefore, lawfully and peacefully with
draw from the Union without the eon.er
OF the Uaion or Of any other State. ii
little Disguise. thai the supposed right u
. be exercised only for jass cause. becau'
;! they themselves are to be the sole judges