Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1861-07-12


rectionary districts, by proceedings in
the nature of blockade SO far all was
believed to be strictly legal. At this
point the insurrectionists announced
their purpose to enter upon the practice
Of privateering; other calls were made
for volunteers to serve three years. un-
less sooner discharged, ANA also for il
large addition to the regular army ana
navy. These measures, whether strictly
legal or not, were yentured upon under
what appeared to be popular demand
and public necessity, trusting then, as
now, thati congress would readily ratify
them. 1t is believed that nothing has
been done beyond the Constitution, OF
the competency Of Congress.
Soon after the first call for militia, it
was considered duty to authorize the
Commanding General, in proper eases,
according to his discretion, to suspend
the privilege Of the writ of habeas cor
pus, or, in other words, to arrest and de
tain, without resort to the ordinary pro-
cess and forms Of law, such individuals
as he might deem dangerous to the pub
lie safety. This authority has purposely y
/ been exercised, but very sparingly: nev-
ertheless, the legality aud propriety of
! W hat has been done under it, are ques-
tions 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 him
self violate them. OF course, some con-
siI Ior IN tha r,r
power and propriety before this matter
was acted upon. The whole of the laws
which were reqnired to be faithfully ex-
ecuted were being resisted, and failing
of execution in nearly Que third Of the
States. Must they be allowed to finally
fail of execution? Even had it been
perfectly clear that by the use of the
means necessary to their execution, some
single law made in such extreme tender
ness of the citizens liberty, that practi-
caly it relieves more of the guilty than
Of the innocent, should, to very limited
extent, be violated. To state the ques-
ton more directly, are all the laws but
one to go unexccuted, and the Govern
ment itself to so to pieces lest that one
be violated? Even in that case would
not the official oath be broken, if the
Governments should be overthrown, when
it was believed that disregard;ny the
single law would tend to preserve it,
But it was not believed that the ques-
ton WIS presented. 1t was not believed
that any law was violated. The provis-
ion Of the Constitution is that the priv
ilcgc of the writ of habeas corpus shall
not be suspended unless when in case of
rebellion or invasion the public safety
does require it. 1t is equivalent to al
provision that such privilege may be
suspended when in case Of rebellion or
invasion the public safety does require
it. 1t was decided that we have a case
of rebellion, and that tie public safety
does require the qualified suspension OF
the privilege of the writ, which was au-
thorized to be made. Now it is insisted
that Congress and not the Executive is
vested with this power, but the Consti-
tuition itself is silent as to which or who
is to exercise the power and as the pro-
vision was plainl y made for a dangerous
emergency, it cannot be believed that
the trainers Of the instrument intended
that in every case the danger should run
its course until Congress should be called
together, the very assembling of which
might be prevented, as was intended in
this case by the rebeIlionists. No ex-
tended argument is now offered, as an
opinion, at some length, will probably
be presented by the Attorney General.
Whether there shall be any legislation
mpon the subject-and, if any, what's
8bmittel entirely to the better judg-
ment Of Congress.
The forbearance Of this Government
has been so extraordinary and SO long
continued, as to lead some foreign ma
tiors to shape their action, as if they
supposed the early destruction Of our
national Union WAS probable. While
this, on discovery, gave the Executive
some concern, he is now happy to soy
that the sovereignty anI rights of the
United States are now everywhere prac-
tically respected by foreign powers, and
the general sympathy with the country
is manifested throughout the world.
The reports Of the Secretaries Of the
Treasury, War, and Navy, will give the
information in detail deemed necessary
and convenient for your deliberation and
action; while the Executive and all the
Departments will stand ready to supply
omissions, or to communicate new facts
considered important for you to know
1t is now recommended that you give
the legal means for making this contest
a short and decisive one; that you may
place at the control Of the Government
for the work at least four hundred thou
sand men, and four hundred millions of
dollars, that number Of men being about
one-tenth of those Of proper ages within
the regions where apparently all are
willing to engage, and the sum is less
than a twenty-third part Of the money
value owned by the men who seem ready
to devote the whole. \ debt Of six hun
dred millions of dollars now is less
sum per head than was the debt of our
Revolution when we came out of that
struggle, and the money value in the
country now bears even greater pro-
portion to what it was then than does
the population. Surely each man has
as strong a motive now to preserve our
liberties as each had then to establish
them. 4 right result at this time will
be worth more to the world than ten
times the men and ten times tho III money.
The evidence reaching US from the coup-
try, leaves no doubt that the material
for the work is abundant, and that it
needs only the hand of legislation to
give it legal sanction, and the hand of
the Executive to give it practical shape
and efficiency.
One Of the greatest perplexities ef
the Government is, to avoid receiving
troops ster than provided for. In
word, the neoDle will save their Gnvern