The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1861-07-18
PA, THURSDAY, JULY Is, 1861.

LETT 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 These 10y
al citizens this Government is bound to recog-
nize and protect as being in Virginia.
In the Border States called, in fact the
Middle States. there are those who favor a
policy which they call armed neutrality that
is, an arming of those States to prevent the
Union forces passing one way and the Disuu-
ion the Other over their soil. This would be dis
union complete. Fguratively speaking it
would be the building Of an impassole wall a
long the line Of separation, and yet not quite
an impassable one, for under the guise of neu-
trality it would tie the hands OF the Union
nseu, aud freely pass supplies from among
lem TO the insurrectionists, which it could
net do as an open enemy. At n stroke it
would take all the trouble of the hands of
secession, except only what proceeds from
tie external blockade. It would DO for the
D5sunonists that which Of all things they
most desire--feed them we'll, and give them
disunion without a struggle of their own
II recognizes no fidelity to tbeconstitution no
Obligation TO maintain the Union; and while
very many who favored it are doubtless loyal,
il is nevertheless very injurious in effect
Recurring to the action Of the Government,
it may be stated that at first call was made
for seventy FIVE thousand militia and rapidly
following this, a proclamation was issued for
ricts, by proceedings III the nature OF block
ade. So far, all this was considered to be
strictly legal.
At this point the insurrectionists announced
their purpose to enter upon the practice of
privateering. Other calls were made for VOL
uuteers 10 serve for three years, unless sooner
discharged. and also for large additions TO the
regiar army and navy. These measures wheth-
er strictly legal or not, were ventured upon
uader what appeared to be popular demand
and a public necessity, trusting then. as now,
that Congress would readily ratify them. 1t
is believed that nothing has been done beyond
the constitutional competency of Congress.
Soon after the first call for militia, it was
considered q duty 10 authorize the Command
iIg General in proper cases, according to his
discretion, to suspend the privilege Of the writs
OF habeas corpus, or, in other words. to arrest
aud detain, without resort to the ordinary pro-
cess and forms of law such individuals he
ght deem dangerous to public safety. This
authority has purposely been exercised but
very spariugly. Nevertheless, the legality
l.sl7Si propriety of what has been done under it.
are questioned, and the attention OF the coun-
try has been called to the proposition of ono
who is sworn to take 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 required
to he faithfully executed were being resisted,
and falling in execution in nearly one-third of
the States. Must they be allow ed 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 tenderness of the citizens Iiber-
ty that practically, it relieves more Of the
guilty than of the innocent, should, to 4 very
limited extent, be violated
To state the question more directly, are
all the laws but one to go uneXecuted, and
the Government itself 90 to pieces lest that
one be violated Even in such case,
would not the official oath be broken if the
Government should be overthrown when
it was believed that disregarding the single
law would tend to preserve it But
it was not believed that the question WAS
presented. 1t was not believed that any
law was violated. The provision of the Con-
stitution, that the privilege OF the writ Of
habeus corpus shall not be suspended unless
when in case of rebellion invasion, the
public safety may require it, is equivalent
to a provision that such privilege may be
suspended when in case OF rebellion or in
Vasion, the public safety does require ii. IL
was decided that we have case of rebellion
and that the 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
Executive is invested with this power. But
the Constitution itself is silent as to which or
who is TO exercise the power, and the
provision was plainly 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.
Congress could be called together, the
very assem- bling of which might be prevent
ed, as was intended in this case by the re-
bellion. Ne more extended argument is now
offered. as an opinion OF some length Will
probably be presented by the Attorney Gen
eral Whether there shall be any lepisla-
ton on the subject, and If any, what, is sub
mitted entirely to the better judgement of
Congress.
The forebearance of this Government had
been so extraordinary and so long contin-
ued as to lead some foreign nations to shape
their action if they supposed the early
destruction OF our National Union was prob
able. While this, ON discovery, gave the
Executive some concern. he is now happy
to say that the sovereignty and rights of
the United States are now everywhere prac-
tieally respected by foreign powers, and a
general sympathy with the country is mani
tested throughout the world.
The reports of the Secretaries of the Treas
ury, War and the Navy, will give the infor-
nation in detail deemed necessary and con-
venient for your delberation and action,
while the Executive and all the departments
will stand ready to supply omissions, or to
communicate new facts considered import
ant for you TO know.
1t is now recomme nded that you give
the legal means for making this contest
short and decisive one; that you place at
the control Of the Government for the work
at least 100000 men and S4o0, ,000, ,000.-
That pumber of men is about one-tenth of