Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1861-07-11


At this point tn insurrectionsts announced
their purpose to enter upon The practice OF
priyateering. Other calls were made for vol
unteers to serve for three years unless sooner
discharged, and also large additions to the regu-
lar army and navy. These measures, whether
strictly legal or not, were ventured upon under
What onneared to be popular demand, and a
pubc necessity trusting then, as now, that
Congress would readily ratify them. 1t is be- |
lieved that nothing has beeh done beyond the
constitutional competency of Congress.
Soon after the first call for militia, il was
considered a duty 70 authorize the commanding
general in proper case, according to his discre-
erection, to suspend the privilege of the writ of
habeas corpus, or in other words, to arrest and
detain, without resort 10 the ordinary processes
and forms of law, such individuals as he might
deem dangerous to the public safety. This au-
thority has purposely been exercised, but very
sparingly. Nevertheless, the legality and pro-
priety of what has been done under /: are ques
tioped, 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
executed, should not himself violate them.
Of course, some consideration was given to
the questions of power and property before this
matter was acted upon. The whole of the laws,
which were required TO be faithfully executed
were being resisted, and failing of execution in
nearly one-third of the states must they be al
lowed to finally fail of execution in all 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 liberty, that practically it relieves
more of the guilty than of the innocent, should,
to a very limited extent, be violated--to state
the question more directly, are all the laws but
one to go uncxecuted, and the government itself
to go to pieces, lest that one be violated? Even
in cuch a uoul1 the official oath he
broken, il the government should be over
thrown, when it was believed that disregarding
the single law would tend TO preserve ii ?
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 habeas corpus
shall not be suspended, unless when, in cases of
rebellion or invasion, the public safety requires
it, is equivalent TO a permission that such
privilege may be suspended when, in cases of
rebellion Or invasion, the public safety does re-
qusre IT. 1t was decided that we have a 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, not the ex-
ecutive is vested with power But the consti-
tuition itself is silent as to who is to exercise
this power, and the provision plainly made
for dangerous emergency. 1t cannot be be-
lieved that the frauers of the instrument in
tended that in every case the danger should
run its course until Congress could be called to-
gether, the very assembling Of which might be
prevented, as was intended in this case by the
rebellion No more extended argument is now
offered, as an opinion at some length will proba-
bly, presentedby the attorney general. Wheth-
er there shall be any legislation upon the sub
ject, and if any, what is submitted entirely to
the better Judgment of Congress. The forhear-
anee of this government had been so extraordi-
nary and so long continued as TO lead some for
eign nations to shape their action as if they sup
posed the early destruction of our national
Union was probable. While this on discovery,
gave the executive some concern, he is now
happy to say the sovereignty and rights Of the
United States are now everywhere practically
respected by foreign powers, and general SYM
patty with the country is manifested through
out the world.
The reports of the secretaries Of the treasury,
war, and the navy, will give the information in
detail deemed nece ssary and oorxenient for your
deliberation and action while the executive and
all the departments will stand ready to supply
admissions or to communicate new facts con-
sidered important for you to know.
it is now recommended that you give the le-
gal 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 four hundred millions of dollars
That number of men is about one-tenth Of those
of proper age within the regions where appar-
entity all are willing to engage, and the sum is
less than q twenty third part Of the money
value owned by the men who seem ready to de-
vote the whole. y debt of 00,0OO,OOO 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 u greater proportion to what it was then
than does the population. Surely each man has
as strong motive now to preserve our llber-
ties as each had then to establish them. \
right result at this time will be worth more to
the world than ten times the men and ten times
the money. The evidence reaching Us from the
country leaves no doubt that the material for
the work is abundant and that it needs only the
hand of legislation to give il legal sanction, and
the hand Of the executive to give it practical ef-
ficiency. One Of the greatest perpleXites OF
the government is to avoid receiving troops
faster than it can provide for them. In a word
the people will sustain their government if the
government itself will do its part only indifier-
entity will.
Ii might seem at first thought to be of little
consequence whether the present movement at
the South be called secession or rebellion. The
movers, however, will understand the difference
At the beginning they knew they could never
raise their treason to any respectable magnitude
'NS%"ND' Va
They knew their people possessed as much Of
moral sense, as much devotion to law and order
and as much pride in its reverence for the his
tory and government of their common country
sany other civilized or patriotic people. They
knew they could make no advancement directly
in the teeth OF these strong and noble scnli-
meRts accordingly they commenced by an in
sidions dcLauching OF the public mind. They
invented AN ingenious sophsm, which, if con
ceded. was followed hy perfectly logical step,
through oil the incidents to the complete de
struction of the Union. The sophism itself i,
that any state of the Union may cons stentl,
with the national constitution, and therefor,
lawfully and penceably withdraw from the Union
without the consent of the Union or of any 9th
err state. The little disguise, that the supposed
right is to be exercised only for just cause
themselves to be the sole judges of its justice
is too thin to merit any notice With rebellion
thus sugar-coated, they have been drugging tn,
public mind of their section for more than thrt,
years, and until at length they have hrough
many good men to willingness TO take VI
arms against the government the day afte
some assembage of men have enacted the fare,
OF taking their state out of the Union. who
could have been brought to no such thing III,
day before. This sophism derives much nor