Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-07-06

this case, or any other pretence, break upon
their government, and thus partially put an
end to free government upon the earth. IL
forces us to ask, is there i'll all republics TINS
Inherent and fatal weakness! Must a govern
ment OF necessity be too strong for the llber
ties OF IFS own people, or too weak to maintain
its own existence So viewing the issue, no
choice was left but TO call out the war power
of the government, and so to resist force en-
ployed for its destruction, by force for its
preservation. The call was made, and the
response of the country was most gratifying,
surprising in unanimity the most sangulne
expectation. Yet none Of the states common
ly called slave states, except Delaware, gave
regiment through regular state organization
A few regiments have been organized within
some others of the states by individual enter
prise, and received into the government SER
vice. OF course, the seeded states, so called
and to which Texas had been Joined about the
time OF the Inauguration, gave no troops to the
cause of the Union. The border states, so
called were not uniform in their action, some
of them being almost for the Union while in
others, as Virginia, North Carolina and Ar
kansas, the Union sentiment was nearly re-
pressed and silenced.
The course taken in Virginia was the most
remarkable, perhaps the most important.
convention, elected by the people OF that state,
to consider this very question of disruptlng the
federal Union, was in session ut the capital OF
Virginia when Fort Sumter fell. 10 this
body the people had chosen large majority
of protested Union men almost immediately
after the fall of Sumter. Many members OF
that majority went over to the original dis
union minority, and with them adopted an ord
nance for withdrawing the state from the
Union. Whether their change was wrought
by their great approval of tile assault upon
Sumter, or their great resentment at the gov
eminent resistance TO that assault, is not def
nitely known. Although they submitted the
ordinance for ratification to vote of the PEG
pie, to be taken on day then somewhat more
than month distant the convention and the
legislature, which was also in session at the
same time and place, with leading men Of the
state, not members of either, Immediately
commenced acting as if the state were al
ready out Of the Union. They pushed military
preparations vigorously forward all over the
state. They seized the United States armoTy
at IIarper's Ferry, and the navy yard at Cos
port, near Norfolk They received, perhaps
invited, into their state large bodies OF troops,
with their warlike implements, from the So
called seeded state. They entered into a
treaty of temporary alliance and co operation
with the SO called confederate states, and sent
members to their congress at Montgomery
And, finally, they permitted the Instructions
ry government to be transferred 10 their Capt.
tol at Richmond The people of Virginia have
thus allowed this giant Instruction 10 make
its home within her borders, and this govern.
ment has no choice left but to deal with it
where it finds it. And it has the less regret
as the loyal citizens have in due form claimed
its protection. Those loyal citizens this gov
eminent is bound 20 recognize and protect, as
being Virginians.
In the border states there are those who
favor policy which they call armed neu-
trality that is, an armng of all those states
to prevent the Union forces passing one way,
or the disuniOn the other way, over their soil.
This would be disunion completed; fgura
lively speaking, it would be the building of
an impossible wall along the line OF separa-
ton. And yet, not quite impossible; for
under the guise of neutrality, it would tie the
hands of the Union men, AMI freely pass
supplies from among themselves to the in
surrectionists, which could not be done by
any one OF them, as an open enemy. AT a
stroke it would take all the trouble off the
hands of secession, except only what pro-
ceedS from the external blockade. 1t would
do for the disunionists that which, of all
things, they most desire, feed them we'll
1t recognizes no fidelity to the Constitution,
no obligation to maintain the Union. And,
while very many who have favored it are
doubtless loyal citizens, it is, nevertheless,
very injurious.
Recurring to the action of the government,
it may be stated that, at first, u call was made
for rs 600 militia, and rapidly following this,
proclamation issued for closing the ports
of the ingurgent districts, by proceeding in the
nature OF a blockade. So far all was believed
to be strictly legal. AT this point the nsur
rectionists announced their purpose to enter
upon the practice OF privateering. Other calls
were made tor volunteers to serve for three
years, unless sooner discharged, and also Tor
large additions to the regular army and navy.
These measures, whether strictly legal Or not,
were ventured upon, on what appeared to be
popular demand and public necessity, trust
ing then as now that congress would readily
ratify them. 1t is believed nothing has been
done beyond the constitutional competency Of
congress.
Soon after the first call for militia, it was
considered duty to authorize the commend
ing general, in proper cases, according TO his
discretion to suspend the privilege OF the writ
of hhbeaS corpus or, in other words to arrest
and detain, without resort to the ordinary pro-
cesSes and forms of law such individuals as
he might deem dangerous to the public safety.
Nevertheless, the legality and propriety ct
what has been done under it are questioned,
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 execut-
ed, should not himself violate them. Of
course, some consideration was given to the
questions OF power and proprety, before this
matter could be acted upon. The whole Of
the laws which were being faithfully executed
were being resisted and failing Of execution
in nearly one third OF the states. Must they
be allowed to finally fail of execution, even
had it been perfectly clear that by the use OF
means necessary 10 their execution, sore sin
gle law, made in such extreme tenderness Of
the citizens' liberty that practically it relieves
more OF the guilty than of the innocent,
should toa very limited extent be violated
TO state the question more directly, are all the
laws but one to 90 uneXecuted, and the gov
eminent itself go to pieces, lest that one be
violated Even in such a case, would not
the official oath be broken, it the govern
ment should be overthrow when it was
believed that 1sregardiug the single law
would tend to preserve it? But it was not
believed that this question was presented. 1t
was not believed that any law was violated.
The provision of the constitution, that the
privilege of the writ of hdJedS corpus shall not
be suspended, unless when, in cases Of rebel
lion or invasion, the public safety does require
it, is equivalent to a provision that such prlvi-
lege may be suspended, when, in cases of re-
beion or invasion, the public safety does re-
quire it. 1t was decided that we have a case
Of rebellion and that public safety does require
the qualified suspension of the privilege OF the
writ, which was authorized to be made. Now
it is insisted that congress, and not the execu-
tive, is vested with this power, and as the pro-
vision was plainly made for dangerous emer-
gency, it cannot be believed the trainers OF the
instrument intended that in every case the
danger should run its course until congress
could be called together, the very assembling
OF which might be prevented, as was intended