Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1861-07-12

4 Figuratively speaking, it would be tn
4 building of an impassable wall along tn
!, line of separations and yet not quite a
, impossible one, for Under the gnise 0
: neutrality it would tie the hands o
{; Union men, and freely pass suppl lies from
I among them to the insa-Tectionists
which it could not do as an open enemy
: At stroke it would take all the troubl,
OFF the hands of secession, except onll
what proceeds from the external block
5 ade
! Il wonld do for the disunionists, thai
which of all things they most desire
feed them we'll, and give them disunior
! without a struggle of their own. 1t re-
cogniscs no fidelity to the Gonstitution
no obligation to m maintain Union, and
, while very many who have favored it
are doubtless loyal, it is nevertheless in.
jurious in effect.
j Recurring to the action Of the Govern
ment it may be stated, that at first, a
r call was made for IS, 900 militia, and
rapidly following this a 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:
It is believed, however, that TO SO
abandon that position under the circum
stances, would be utterly ruinous; that
the necessity under which it was to he
done would not be fully understood; that
bF na1y it would be construed as a part
of voluntary policy; that at home it
would discourage the friends of the I'm
ion, embolden its aGversaries; and 20
far to ensurs to the latter recognition
abroad; that in fact it u ould be our ma
tiousl destruction consumated.
At this peint 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 al
so for large additions to the. regular
| army and navy. These measures,
whether strictly legal or not. were ven
tdrGd hp6n under what appeared to be a
popular demand, and public necessity
trusting then as now, that Congress
would readily ratify them. 1t is be-
liesed that trothing has been done beyond
the Constitutional competency of Con-
gress.
Soon after the first cali for militis, it
was considered a duty to authorize the
Com hhanding General, in proper cases,
according to his discretion, to suspend
privilege of wfi; of habeas corpus, or in
other words, to arrest and detain with
out resort TO the ordinary process and
FORMS of law, such individuals as he
might deem dangerous to the public
safety. This authority has purposely
kses4
! Nevertheless the legality and propri-
ety of what has | cen done under it are
questioned, and the attention of the
| country has been called to thu PROPOSE
tion 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 re-
quired to be faithfully executed were be
| ing resisted and failing of execution in
nearly one third of the States. Must
they be allowed to finally fail of execu-
tion? Even had it been perfectly clear
that by proper use of TIE means nccess-
ary to their execution, some single law
made in such extreme tenderness of the
citizens liberty, that practically it re
lieves mora of the guihy than of the in
necent, sho1la to a very limited extent
be violated. To state the question m ore
directly:
Are all the laws bit one to go unexe
cuted and the government itself to go to
pieces lest that one be vind;cated?-
Even in such a case, won!d not tie off
cial oath be broken, ii the government
should he overthrown. when it was be-
lieved that disregarding the single law
would tend to preserve il? Bat it was
not believed that this question was pre-
sented. It is NOT believed that any law
violated.
The provisions Of fbs Constitution
that the privilege of the Habeas Corpus
shall hot he suspended. unless when in
cases of rebellion or invasion, the pub
lie safety may require it, is equivalent
to provision that such priviegs may
be suspended when in cases of rebellion
or invasion, the public safety may re-
quire it, is equivalent to a provision
that such privilege may be suspended
when in cases of rebellion or invasion
the public safety does require it. 1t was
decided that We have a csSs Of rebel,
lion, and that the public safety does re-
quire the qualified suspension of the
privilege of the writ wh4ch was autho-
rized to be made.
Now it is insisted that Congress, and
not the Executive, is vested with this
power. But the Constitution itself is
silen: as to which or who is to exercise
the power and as the provision was
plainly made for a dangerous emergency
it cannot be beffeved the trainers Of the
Instrument intended that iii every case,
the danger should run it's course until
Congress could be called together, the
very assembling of which might be pre-
vented. as was intended IN this case hy
the rebelliont.
No more extended argdIneht is now
Offered, as an opinion at some length
will probably De presented by the Attor-
ney General, whether there shall be any
legislation upon the subject, and if any,
what, is submitted entirely to the better
Judgment of Congress.
The forbearanee of this Government had
been so extraordinary and so long continued
as to lead some foreign na'ohs to shape their
action as if they supposed theearly destruction
Of our National Onion was probable. While !
this, on discovery, gave the Executive some
concern. he is now happy to say that the SOW
ereignty and rights of the Unitet States, are
now everywhere practically respected by for
eign powers, ard general sympathy with the
county is rt.ahifested throughout the world.
The reports of the Secretaries of the Treas |
ury, War and the Navy, will give the informn-
tion in detail deemed necessary and convenient
for yonr deliberation and action, while the ex.
ecaive and all the departments win stand
ready to supply omissions, or to Communicate
new facts considered important for you to