The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1861-07-17
WooDsFIELD MONROE COUNTY, OHIO july 17 1861 g.

In the Border States, so called, in fact
the Middle States, there are those who.
favor policy which they call armed neu-
trality, that is. arming of those States to
prevent the Union forces passing one way,
or the disunion the other, over their soil.
This would be disunion completed. Fig,
uratively speaking, it would be the build
ing of an impossible wall along the line
of separation, and yet not quite an i'm
passable one, for under the guise of neu-
trality, it would tie the hands of the Union
men, aud freely pass supplies from among
them to the insurrectionists, which 1t
could not do as an open enemy. At
stroke it would take all the trouble off 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 disunion without a
struggle of their own. 1t recognizes no
fidelity to the Constitution, no obligation
to maintain the Union, while very many
who have favored it, are doubtless loyal.
1t is, nevertheless, very injurious in effect,
retarding the action Of the government.
1t may be stated that at frst call was
made for IS, 600 militia. and rapidly fol-
lowing this proclamation was issued for
closing the ports of the insurrectionary
districts by proceedings in the nature OF
blockade. So far all was believed to be
strictly legal.
At this point the insurrectionists an.
nounced their purpose to enter upon the
practice of privateering 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 appeared to be a popular de-
mand and public necessity, trusting then
as now that Congress would readily ratify
them. It is believed that nothing has
been done beyond the constitutional COM
potency 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 discre.
tion, to suspend the privilege of the writ
of habeas corpus, or in other words, to
arrest and Ndetain,. without resort to the
ordinary processes and forms of law, such
individuals as he might deem dangerous
to the public safety. This authority has
purposely been exercised but very spar
ingly; nevertheless the legality and pro-
priety of what has been done under it,
are questioned, and the attention of the
country has been called to the PROPOSE
ton, that one who is sworn to take care
that the laws be faithfully executed. should
not himself violate them of course. Some
consideration was given to the questions
of power and propriety before this matter
was acted upon. The whole of the laws
which were required to be faithfully exc
cuted, were being resisted, and failing oi
execution in nearly one third of the
/ States. Must they be allowed to finally
fail of execution, even had it been clear
that by the use of the means necessary tc
their execution, some single law made IL
such extreme tenderness of the citizens
liberty, that practically itrelieves more O.
the guilty than Of the Innocent, should II
q very limited extent be violated? TX
state the matter more directly, are allth,
laws but one to go unexecuted, and th'
government itself go to pieces lest tina
one be violated? Even in such cas-
would not the official oath be broken.
lax Oh ho thr,x
when it was believed that disregardins
; the single law would tend to preserve it
But it was not believed that this question
was presented. 1t was not believed tha
any law was violated The provision Q
, the Constitution that the privilege of tn
|, writ of .habeas corpus shall not be sus
pended unless when in cases Of rebellio
f or invasion, as the public safety may re
lquire. is equivalent to q provision tha
..Isqsh privilege may be suspended, wher
= in, cases of rebellion or Invasion, the pub
t lie safety does require it. Itwas decide
e that we have case of rebellion, and ths
t the public safety does require the qualife
suspension of the privilege of the wri
e which was authorized to be made.
> Now it is insisted that Congress, an
9 not ihe Executive, is vested with this pov
er. But. the Constitution itself is silel
as to which or who is to exercise the poy
|. Ter. And as the provision was plain
y made for dangerous emergency, it cal
Is not be believed the trainers of the instr
J. ment intended that in every case the da
r ger should run its course, until Congre
y could be called together, the very asser
y bliug of which might be preyeItsf,
= was, intended in this case, by the rebt
:, liop. No more extended argument
Is now offered. as an opinion at some leng
s. will probably be presented by the ATTIC
y ney General. Whether there shall be a
q legislation upon the subject, and if at
80 what, is submitted entirely to the bett
a. Judgment of Congress.
y The forbearance of this Governrne
6 had been SO extraordinary, and so 10
70 20 continued, as to lead some foreign natio
ne to shape their action as if they suppos