The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1861-07-12

49, Competency OF Congress ~
S~nn after the first call Tor militia, " NI'
.on.;Ssred duty to suihorize the soinulan ri-
a. General, In proper cases, accoruihg 70 NE
aissretion, to suspend the privileges OF tne
habeas corpus. or, in other words, 10 arrest
and detain, without resort to the ordinary
procas and forms Of law, such individuals US
30 might deem dangerous to the public safety
This authority has purpOsely been exercised
but very sparingly. NEVERTHELESS, the ieSll'-
ty and prOpriety Of what has been done un-
dor il has been questioned, and the atten-
ton of the country has been called 10
the proposition that one who IS sworn to take
caro- that the laws he faithfully executed,
should not himself violate them.
OF course some consideration was given to
the question Of power and prOpriety, before
this matter was acted upon. The whole OF
the laws which were required 10 be faithfully
executed were being resisted. and failing Of
execution in nearly one third Of the States,
must they be allowed 10 finally fail Of execu-
ton. even had it been perfectly clear that by
the uso Of the means necessary to their exc
cution, some single law made in such extreme
tenderness of the citizens liberty, that prac-
tically it relieves more Of the guilty than OF
the innocent, should to very limited extent
be yiolatedp
To state the question more directly, are
all the laws but one TO 90 unexecuted and
the Government itself go to pieces lest one
be violated Even in such ease would not
the official oaihbo broken If the Government
should b. oyerthrown when it was believed
that Designating the single law would tend
to preserve Il? But il was not believed that
81 ma ~
believed that any law was yiolat d. The
provision OF the Constitution that the hebeas
corpus shall not be suspended, unless when
in cases OF rebellion or invasion the public
safety may require il. is equivalent to pro
vision that such privilege may be suspended
when in cases of rebellion or invasion the
public safety does require il. IL was decided
that we have a case ut rebellion, and that the
public safety does require the qualified sus-
pension OF the privilege of the writ which
was authorized TO be made.
Now il is insisted that Congress, and not
the Executive. is vested with this power, but
the Constitution itsslt is silent as to which
or who is 10 exercise the power, and as the
provision was plainly made for dangerous
emergency, il cannot be believed that the
trainers OF the instrument intended that in
every case the danger should run it, course
until Congress could Do called together, the
very assembling ofwhich might De prevented,
as was intended in this case, By the rebellion.
No moro extended argument is now Of
fered, as an opinion at some length will
probably b. presented by the Attorney Gen.
Whether there shall BE- any legislation upon
the subject. and If any what, is submitted
entirely to the better Judgment OF Congress.
TIE TosgEARANcE oF THE GOVERNMENT.
The lorbearance Of this Government had
been so extraordinary and 50 long continued
as to lead foreign nations To shape their ac-
ton 40 il they supposed the early destruction
OF our national Union was probable. While
this, on discovery, gave the Executive some
concern, no is now happy to say that the
sovereignty and rights OF the United States
are now everywhere practically respected by
foreign powers, aud a general sympathy with
the country is manifested throughout the
world.
The report Of the Secretaries of Treasury,
War, and the Navy, will give the iniorna-
ton in detail deemed necessary and cunyen-
lent for your dclibcmtiUn and action, while
the executive and all the departments will
stand ready to supply ommiSiouS. or 10 COM
municatc new facts considered important Tor
you to know.
CALL FOR MEy AND MANS.
It's now recommended that you give the
legal means for making this contest short
and decisive one; that you place at the dis
posal Of Government. for the work, ut least
tnn nnn -. ~ Iln nln mn
That number of men is about onc-tenth OF
those of proper age within the regions where
NIL are willing to engage, and the sum Is less
than a twenty-third part ct the money value
owned by the mcn who sceln ready to devote
the whole.
A debt of six hundred millions ofdolars now
isa les sum per head than was the debt oi
our revolution when we came out OF that
struggle. And the money value Of the coun-
try now, bears even u greater proportion to
what il was then than does the population.
Surely each man has rs strong a motive now to
preserve our liberties. rs each had then to
establish them. a right result at this time
will Do worth moro 20 the world than ten
times the men and money. The evidence
reaching MS from the country leaves no dOu0t
the material for the work is abundant, and
that il needs only the hand of legislation to
give il LEGAL sanction. and the hand OF the ex'
ecutiye to give it practical efficiency,
One of the greatest perplexities OF the
royrrnnent~is TO avoid receiving troops faster
than il can provide for them. In u word,
the reople will save their government IL the
government itself will do its part only indiiler-
emily well.
TnE THEORY OF SECESSION.
Itmight seem at first thought to be OF
little difference whether the present move
ment nj the South be called secession or ~
bellion. The movers, however, well under
.,ood the difference. At the beginning they
knew they corld never rasc their treasury to
any respectable magnitude by any name
which implies violation Of the law. They
knew their people possessed rs much Ofmoril
sense, as much OF devotion 10 law and order,
as much pride in It's reverence for the history
and government OF their common country US
any Other civilized and patriotic people
They knew they could make no advancement
directly in the teeth of these strong and
noble sentiments. Accordingly they COM
meneed by an insidious dcbauching OF the
public mind. They invented an Ingenious
sophism, which, il conceded, was followed
by perfectly logical step through all the in
cidenis to tho complete destruction OF the
Union.
The sophism itself Is that any State of the
Union may consistently with the Nations
Constitution, and therefore lawfully and
peacefully withdraw from the Union without
the consent OF the Union OF OF any other
State. The little disguise that the supposed
right Is to be exercised only for just cause
they themselves being the sole judges OF it
Justice Is too thin To merit any notice.
With rebellion thus sugar-coated. they
bave bean drugcing the public mind of thai