Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1861-07-12


to recognize and protect as living in Vir-
; ginia.
In the border States, so called, in fact
the middle States, there are those who fa-
vor policy which they call armed neu-
traiity that is an arming of these States
to prevent Union forces passing one way
or disunion the other over their soil -
This would be disunion completed. Fig
uratively speaking, it would be the build
irg of an impossible wall along the line
of separation; and yet not quite an i'm
{ passable Que, for under the guise of neu-
trality, it would be in the hands of the
Union men to freely pass supplies from
among them to the insurrectionists, which
it could not do as an open enemy. at
stroke. 1t would take all the trouble off
the hands of the sccessonists except only
what proceeds from the external blockade.
1t would do for the disunion, that which
of all things they most desire: feed them
well give them disunon, without strug-
gle of their own. 1t recognizes no fidelity
to the Constitution. no oblig tion to main
tain the Union, and while very many who
have favored it are doubtless loyal citizens
it is, nevertheless, very injurious in effect
Recurring to the action of the Govern
ment, it may be stated that at first call
was made for $4,000 militia, and rapidly
, following this, proclamation was issued
for closing the ports of the insurrectionary
districts by proceedings in the nature of a
blockade. So far all was believed to be
strictly legal. At this point the insur-
rectionists announced their intention to
enter on the practice of privateering-
Other calls were made for volunteers to
f serve for three years, unless sooner dis
charged, and also for large additions to
the regular army and navy. These meas
: urcs, whether strictly legal or not, were
t vcntured upon, under what appeared to
be popular demand and public neces-
sity, trusting then as now, that Congress
{ would regularly ratify them. 1t is be-
: leved that nothing has been done beyond
t the constitutional competency of Congress.
o Soon after the first call for militia, it was
q considered duty to authorize the com.
, manding General in proper cases accord.
. ing. to his discretion, to suspend the priv.
t leges of the writ of habeas corpus, or in
: other words to arrest and detain, without
!, resort to the ordinary processes and forms
i of law such as he might deem dangerous
: to public safety.
/. This authority has purposely been OK
It erciscd but very sparingly, nevertheless
!. the propriety and legality of what has
# been done under it have been questioned
n and the attention Of the country has been
! called to the proposition that one who has
|. been sworn to take care that the laws
e should be faithfully executed should moi
It himself violate them. OF course, some
;, consideration was given to the questions
r of power and propricty before this matter
d was acted upon. The whole of the laws
: which were required to be faithfully exc
!. cuted, were being resisted, and failing O.
Y execution in nearly one-third of the States
J. must they be allowed finally to fail of ex
: ecution, even had it been perfectly cleal
/ that by the use Of the means necessary tx
their execution some single law would il
# such extreme tenderness of the citizen
n liberty, that practically it relieves more
g of the guilty than the innocent should, t.
IS a very limited extent, be violated: II
e state the question more directly, are al
l. the laws but one to go unexecuted, and al
d the Government 60 to pieces lest that on,
If be violated I? Even in such case, woult
}. not the official oath be broken if the Gov
e ernment should be overthrown, when i
1t was believed that disregarding the singl
t, law would tend to preserve it? But !
IS was not believed that this question wa
ir presented. 1t was not believed that an.
d law was violated. The provision of tn
d Constitution that the writ of habeas COZ
Ii pus shall not be suspended except in case
,t of rebellion or invasion, as the publ
y, safety may require is equivalent to pre-
C. vision that such privilege may be suspend
to ed when in cases of rebellion or invasion
y