Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1861-07-11
resentment to the Governments resistance to

| Although they s0OmlCteu tne oTu'hnnCe ioi
ratification 70 vote of the people, to be TAX
en- in day, then somewhat more than month
distant, the Convention and the Legisiatu
which was also in session at the same time
and place, with leading men of the State, NOT
members of either, Immediately commenced
acting as if the State was out OF the Federal
UniOa They pushed military organizations
vigorously forward all over the State.
They seized the United States Arsenal ut
HarperS Ferry, and the GOspOrt NaVy-yard,
near Norfolk. They received, perhaps, inVi.
ted into their State large bodies of troops,
with their warIike appointments from the So
called seeded States. They formally entered
into treaty of temporary alliance with the
socalled Confederate States, and sent men,
bers to their Congress at Montgomery, and
finally they permitted the iDsurrectODary Gov
ernment to be transferred to their capital at
Richmond.
The people of Virginia have thus allowed
this giant nsUrrection to make its nest With
in her borders, and this Government has no
choice left but to deal with it where il finds
| it, and it has the less to regret as the loyal
citizens have in due form claimed its protec-
tion These loyal citizens this Government
is bound to protect as being in Virginia. ln
the Border States, so called, in fact the mid
die States, there are those who favor policy
which they call armed neutrality. That is,
an arming OF these States to prevent the I'm
ion forces passing one way, or the Disunon
the other over their son. This would be
| disunon completed
Figuratively speaking, it would be the build
ing of an impossible wall along the line Of sep
aration, and yet not quite an impossible one,
tor, under the guise of neutrality, it would tie
the hands OF the Union men, and freely pass
supplies from among them to the iusurreeton
lists, which it could not do as an open enemy.
At stroke, it wOnld take all the trouble of
the hands OF Secession, except only what pro-
ceedS from the external blockade
1t would do for the DiSunionists that which
of all things they most desire, feed them well
and give them dsunion without a struggle of
their own. 1t recognizes no fidelity to the
Constitution, no obligation to maintain the
Union, and while very many who have favor
ed it are doubtless loyal citizens, it is never
tbeleSs very injurious in effect
Recurring to the action of ihe Government
it may be stated that at first call was made
for $4,000 militia, and rapidly following this
a proclamation was issued for closing the
ports of the insurrectionary districts by pro
ceediDgs in the nature OF blockade. So far
all was believed to be strictly legal
At this point the nsnrrectionstS annonnc-
ed their purpose to enter upon the practice Of
privateeFing
Other calls were made for volunteers to
serve three years. unless sooner discharged and
also for large additions to the regular army
and navy. These measures, whether strictly
legal or not, were ventured upon under what
appeai ed to be popular demand and public
necessity, trusting then, as now, that Congress
would readily ratify them
1t is believed that nothing has been done
beyond the constitutional competency of Con-
greSS. Soon after the first call for militia, il
was considered a duty to authorize the Com
mandng General in proper cases, according
to his discretion, to suspend the privilege of
of the writ of habeaS corpus, in other words,
to arrest and detain without resort to the or.
dinary processes aud forms Of law, such ind-
viduals as be might deem dangerous TO the
public safety. This authority has purpOsely
been exercised but very sparingly Neverthe-
less, the legality and proprety of what has been
done under it are questioned, and the atten-
tion of the country has been called to the pro-
position that one wh0 has sworn to take care
that the laws be faithfully executed should
rot himself violate them. OF course some con-
Sderation was given to the questions of power
aud propriety before this matter was acted
upon. The whole Of the laws which were re-
quircd to be faithfully executed were being
resisted and failing OF execution in nearly one
third of the State. Must they be allowed to
finally fail of execution, even bad it been per
fectly clear that by the use of the means neces-
n their pypputinn cin lou 10
in such extreme tenderness OF the citizens lib
erty, that, practically, it relieves more of the
guilty than the innocent, should to very a lin
ted extent be violated To state the Guesticn n
more directly, are all the laws but one to 20
unexecuted aud the Government itself to 60 TO
pieces, lest that one be violated
Even in such a case would not the official
oath be broken if the Government shouId be
overtbrown when it was believed disregarding
the single law would tend TO preserve it, But
it was not believed that this question was pre-
sentcd. 1t was not believed that any law was
violated. The provision of the Constitution
that the privilege of the writ of habeas corpus
shall not be suspended, unless when in cases
of rebellion or invasion the public safely may
require it, is equivalent to q provision that
such privilege may be suspended when in cases
of rebellion or invasion. the public safely does
require it.
1t was decided that we have case of re-
belion, and that the public safety does re-
quire the qualified suspension of the privilege of
the writ, which was authorized to be made
Now it is insisted that Congress, and not the
Executive, is vested with this power But the
Constitution itself is silent as to which or who
is to exercise the power and as the provision
was plainly made for dangerous emergency
it cannot be believed that tn e trainers of the