The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1861-07-12
VOLUME XII. NO. %.

bound to recognize and protect as being
In Virginia. Ia the border States so
called, ia fact the middle States, there are
those who favor policy which they call
armed neutrality tina, is, an arming Of
those States to prevent the Union forces
passing one way, or the Disunion the
other, over their soil. This would be dis
union completed ; fguratively speaking,
II would be the building Of an impossible
wall along the line Of separation, and yet
not quite an impossible one; for, under
the guise Of neutrality, it would tie the
hands OF the Union men, and freely pass
supplies from among them to the iusur-
rectionists, which il could not do as an
open enemy. AT stroke it would take
all the trouble off the hands of secession.
except only what proceeds from the ex-
ternal blockade. 1t would do for the
disunionists that which, Of all things,
they most desire-feed them well, and
give them disunion without struggle OF
their own. 1t recognizes no fidelity to
the Constitution, no obligation to main
lain the Union. While very many who
have favored it, are doubtless loyal cili-
zens. it is nevertheless very injurious in
effect.
Recurring 20 the action Of the Govern
mert, il may be stated that at first call
was made for $4,000 military, and rapidly
following this a proclamation issued for
closing the ports of the insurrectionary
districts by proceedings in them of a
blockade. So far all was believed to be
strictly legal. At this point the insurrec-
tionists announced their purpose OF enter.
ing upon the practice oil privateering. =
Other calls were made for volunteers to
serve three years, unless sooner dis
charged, and als0sfarge additions to the
regular army and navy. These meas
ures, whether strictly legal or not, were
ventured upon what appeared to be a
popular demand, for public necessity,
trusting then, as now, that Congress
would readily ratiiy them. 1t is believed
that nothing has been done beyond the
Constitutional competency Of Congress.
Soon after the first call for militia, il
was considered duty TO authorize the
commanding General, in proper cases,
according 20 his discretion, to suspend the
writ Of habeas corpus, or, in other words
10 arrest and detain without resort TO or
dinary processes and forms OF law, such
individuals as he might deem dangerous
to the public safety.
This authority has pu,posely been eI
ercised, blu; very sparingly. 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 is sworn
TO take care that the laws be faithfully
executed, should not himself violate them
or course some consideration was given
10 the questions of TIE power and pro
priety, before this matter was acted upon
The whole Of the laws which were re
uuired to be faithfully executed, wer,
being resisted, and failing of execution il
nearly one third Of the States, must the
be allowed to finally fail Of execution
even had it been perfectly clear tina, b
the use of the means necessary to thei
execution, some single law made in sue
extreme tenderness Of the citizens liberty
that practically it relieves more of th
guilty than the innocent, should 10 q YER
limited extent be violated? TO state th
question more directly, are all the law
but one to go uuexecuted and the Gov
ernment Itself to go to pieces, lest tha
one be violated ? Even in such a case
would not the official oath be broken,
the Government should be overtrown
when it was believed that disregardinl
the single law would tend to preserve il
But il was not believed that this question
was presented. 1t was not believed tha
any law was violated, the provision c
the Constitution that the privilege Of tn
writ of habeas corpus shall not be sus
pended, except in cases of rebellion c
invasion, the public safety does requir
it.
1t was decided that we have case
rebellion and the public does require Il
qualified suspension Of the privilege
the writ which was authorized to be mad
Now il is insisted that Congress, and n
the Executive, is vested with this powe
But the Constitution itself is silent as
which or who is TO exercise the power
and as the provision was plainly made fc
dangerous emergency, it cannot b
believed that the trainers OF the instru
ment intended that in every case the dar
ger should run its course until Congress
should be called together. the very a'
sembling Of which might be prevented {
was inlended in this case by the rebellion
No more extended argument is now a
forded, as an opinion at some length W
probably be presented by the Altornt
General.
Whethcr thero shall be any legislation
tho subject, and If so, what is submitted Q
tirely to the bottor Judgment of Congress.
Tho forbearance of this Government h
been so extraordinary aud so long contain
as to lead some foreign nations to sha
their actions as if they supposed the cal
destruction of our National Unicn was pre-
able. Whilo this, on discovery, gavo I
Executive somo concern, he is happy to s
that tho sovereignty and rights of the Unit
States arc now practically respected
foreign powers, and general sympathy "
the Government is manifested IhroughC
the world.
Tho reports of tho Secretary of tho Tre
ury, War and Navy will give the informant
in detail deemed necessary and convoniC
for your action. while tho Executive IA
Departments will stand ready to supI
omissions, or to communicate new facts &C
siderod important for YOU to know.