Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1861-07-10


which ii could not do as
an open enemy. AT stroke it would !
take all the trouble off the hands Of seces-
sion except only what proceeds from the
external blockade.
1t would DO for the disunionists that
which of all things they most desire, feed
them well and give them disunion without
a struggle of their own. It recognizes no
fidelity to the Constitution, no obligation
TO maintain the Union. While very many
who have favored it are doubtless loyal cit
liens, it is nevertheless very injurious in ef-
feet.
Recurring to the action of the Govern
ment it may be stated that at first a call
was made for $4,000 militia, and rapidly
following this, a proclamation was issued
for closing the ports of the insurrectionary
districts by a blockade. So far all was be-
Iieved to be strictly legal.
Atthis point the insurrectionists announc-
ed their purpose Of entering upon the prac-
tice Of privateering. Other calls were
made for volunteers to serve three years,
unless soone. discharged, and also large adj
ditions to the regular army and navy
These measures, whether strictly legal or
not, We're ventufed upon what appeared TO
be popular demand for a public necessity,
trusting them, Is now, that Congress would
latily them. 1t is believed that nothing
has been done beyond the constitutional
competency of Congress. Soon after the
first call for militia, it was considered du-
ty to authorize the commanding General,
in proper cases, according to his discretion,
to suspend the privilege OF habeas corpus,
or IN other words to arrest and .Itain
without resort to any ordinary process and
forms Of law such individuals as he might
deem dangerous to thepublic safety. This
authority has purposely been exercised but
very sparingy; nevertheless, the legality
and proprIety Of what has been done under
it are questions, and the attention of the
country has been called to the proposition
that one who has sworn to take care that
the laws be faithfully executed should not
himself violate them. OF course some con
sideration was given to the questions of tue
powe- and property before this matter was
acted upon. The whole Of the laws which
were required to be faithfully executed were
being resisted and falling Of execution in
nearly one-third of the States. Must they
be allowed to finally fail Of execution, even
| ii it bad been perfectly clear that by the
use OF the means necessary to their exccu-
ton, some single law made in such extreme
tenderness of the citizens liberty that prac-
tically it relieves more of the guilty than
the innocent, should to limited extent, be
violated To state the question more di-
rectly, are all the laws but one to 90 unex-
ecuted, the Government itself to 90 to pie
ces lest that one be violated? Even in
such case would not the official oath be
broken it the Government should be over
thrown when it was believed that disregard
the 81 gle law would tend to preserve it z
But it was not believed that this question
was presented. 1t was not believed that
any law was violated, The provision of
the Constitution being that the privilege OF
the habeas corpus shall moi be suspended
except in cases of rebellion or invasion when
the public safety requires is it was de-
cided that we have a case of rebellion and
the public safety does require qualified
suspension of the privilege of the writ
which was authorized to be made. Now
it is insisted that congress, and not the ex-
ecutive is vested with this power
But the Constitution is silent as to which
or who is to usurp the power, and as the
provision was plalnI, made for dangerous
emergency, it cannot be believed that the
trainers of the instrument intendes that in
every case the dar ger should RON its course
until Congress be called together, the very
assembling Of which might BE- prevented,
as was intended in this case, by the rebel
lion. No more extended argument is now
afforded, as an opinion at some length will
probably be presented by the Attorney
General, whether there shall be any leg
islation on the subject, and if SO, what is
submitted entirely to the better judgment
Of Congress.
The forbearance of the Government has
been so extraordinary and SO long contin-
ued as to lead some foreign nations to shape
their action as if they supposed the early
destruction Of our national Union was prob
able. While this, on discovery, gave the
Executive some concern, he is now happy
to say that the sovereignty and rights Of
the United States are now practically res
pected by foreign powers, and a general
sympathy with the government was mani
fest throughout the world.
The reports Of the Secretaries of the
Treasury, War and Navy, will give the in
formation in detail deemed necessary and
convenient Cor your action. while the Exec
uhye and Departments will stand ready to
supply omissions, or to communicate new
facts considered important for you to know.
1t is recommended that you give the legal
means for making this contest a short and
decisive one; that you place at the control
of the Government Tor the work at least
400 600 men and $4oO,O0O,00O. That
number Of men is about one tenth of those
of proper ages within the regions where APP
parently all are willing to engage, and the
sum is less than twenty-third part Of the
money value owned by men who seem
ready to devote the whole A debt Of