The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-07-12


ously forward all over the State. They
seized the United States armory at Har-
per's Ferry and the navy yard at Gosport
near Norfolk. They received, perhaps in.
vited into their State, large bodies of troops
with their warlike appointments, from the
so called seeded States. They formally
entered into treaty with the so called
Confederate States, and sent members to
their Congress at Montgomery, and finally
they permitted the insurrectionary govern
ment to be transferred to their Capital at
Richmond.
The people of Virginia have thus allowed
this giant insurrection tO make its nest
within their borders, and this Government
has no choice left but to deal with it where
it finds it, and it has the less to regret as
the loyal citizens have in due form claimed
its protection. Those loyal citizens the
Government is bound to recognize and pro-
tect as being in Virginia.
In the Border States, so called, in fac: in
the Middle States, there are those who IA
vor policy which they call armed neutral
ity, that 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 disunion completely; fgura-
lively speaking, it would be the building of
an impossible wall along the line of separa.
ton; 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 in.
surrectionists, which it 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 external blockade. 1t
would do for the disunionists that which of
all things they most desire, feed them we'll
and give them disunion without struggle
of their own. 1t recognises no fidelity to
the Constitution, no obligation to maintain
the Union. 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 :,ade for $4,000 militia, and rapidly
following this, proclamation was issued
for closing the ports of the insurrectionary
districts by a blockade. So far all was
UoiltVeu " Ut StrlCtIy legal.
At this point the insurrectionists an
nounced their purpose of entering upon the
practice of privateering. Other calls were
made for volunteers to serve three years
unless sooner discharged, and also large
addition to the army and navy. These
measures, whether strictly legal or not,
were ventured upon what appeared to be
Ior nd Stv,
trusting then, as now, that Congress would
ratlfy them.
1t is believed that nothing has been done
beyond the constitutional competency of
Congress. Soon aztec the first call for mil
itia, it was considered duty to authorize
the commanding General, in proper cases,
according to bis discretion, to suspend the
privilege of the habeas corpus, or in other
words to arrest and detain without resort to
ordinary process and forms of law, such in
dividuas as be might deem dangerous to
the public safety.
This authority has purposely been exer-
cised but very sparingIy; nevertheless, the
legality. and propriety of what has been
done under it are questions, and the atten-
ton OF the country has been called to the
proposition that one who has sworn to take
care that the laws be faithfully executed
should not himself violate them. Of course
some consideration was given to the ques-
lions OF the power and propriety before this
matter was acted upon. The whole of the
laws which we're required TO be faithfully ex.
ecuted, were being resisted and failing of
execution in nearly one third of the States
Must they be allowed to finally fail of execu-
ton, even If it had been perfectly clear that by
the use OF the means necessary to their execu.
ton some single law made in such extreme
tenderness of the citizens liberty that practi-
cally it relieves more of the guilty than the in
nOceut. should, to limited extent, be viOlat.
ed To state the question more directly, are
all the laws but one to 60 unexecuted, the
government itself to go to pieces lest that one
be ViOlated9 Even in such a case would not
the official oath be broken if the government
should be overthrow when it was believed
that sregardng the single law would tend to
preserve 1t! But it was not believed that this
question Was presented. 1t was not believed
That any law was violated.
The provision OF the Constitution being
that the privilege of the habeas corpus shall
not be suspended except in cases OF rebel
lion or invasion the public safety does re.
quire it, it was decided that we have case
OF rebellion, and the public safety does re-
quire qualified suspension of this privilege
OF the writ-which was authorized to be
made. Now it is insisted that Congress,
and not the Executive is vested with this
power. But the Constitution itself is ST.
lent as to which or who is to usurp the
power, and as the provision was plainly
made Tor dangerous emergency, it cam
not be believed that the trainers Of the in
strument intended that in every case the
danger should run its course until Congress
should be called together, the very assemb-
ling OF which might be prevented, as was
intend, d i'll this Case by the rebellion.
No more extended argument is bow at
fOrded, as an opinion at some length will
probably be presented by the Attorney
General. Whether there shall be any leg
isial'on on the suit ct, aud if so, what, is
submitted entirely 10 the better judgment OIL
Congress.
The torbearance of the government has
been SO extraordinary and SO long continued
as to Lead some foreign nations to shape
sk..s~ -