The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-07-08

pectation. Yet none of the States commonly
| called slave States. except Delaware, gave a
| regiment through regular State organization.
| A few regiments have been organized within
! some others of these States by individual en-
| terprise, and received into the Government
service. Of course the seeded States, SO call
| ed, and TO which Texas had been joined about
| 'he time of the inauguration, gave no troops
| To the cause OF the Union.
| The Border States so called, Were not uni
| form in their acton-some OF them being al
| most for ;he Union, while In others. AS Eir-
| giuia North Carolina, Tennessee and Arkan-
| sas, the Union sentiment was very nearly re-
pressed and siienced
The course taken in Virginia was the mos t
| remarkable. perhaps the most important A
! Convention elected by the people Of that State
| 20 consider this very question of disrupting
| the Federal Union was III session AT the Cap
| ital OF Virginia when Fort Sum ter fell
To This body the people had chosen n large
majority OF professed Union men. Aimos I
i'm mediateiy after the fan of Fort Sumter,
many members OF that majority went over to
the disunon minority, and with them
adopted an ordinance for withdrawing the
State from the Union
Whether this change was wrought by their
great approval Of the assault on Fort sum
ter, or their great Tesen tment at the Govern
inent's resistance TO that assault, is not def
nitely known.
Although they submitted the ordinance for
rati!icatIon To Il vote of the people, 10 be taken
On day then somew what more than mon tn
when was also III session at the same time
ana place, with leading men OF the State no t
members OF either, Immediately commenced
acting As II the STATE were already out of the
Union.
They pushed military preparations yigo-
Tousiy forward ell over the Sta'e; they seized
the United States armory at Uarper's Ferry,
and the Navy Yard at Cos port near Norfolk:
they received, perhaps invited, into their
State large bodies Of troops, with their war
like appointments from the so-c2lled seeded
states. They formally entered into trea "
OF temporary alliance ana co operation vi IN
the so-called Confederate States and sent
members to their Congress at Montgomery:
and, finally, they permitted the insurrec zion
try Government 10 be transferred to their Gap
itaI at Richmond.
The people Of Virginia have thus allowed
tals great resurrection u make its nest within
hPr borders, and this Government has no
choice left bat 10 deal with it where II finds it,
and It nGs the less regret, the loyal citi-
zehs have, IN due form, claimed its protecti
Those loyal citizens this Government is
bound to recognize and protect US being Viz
giEianS.
In the Border States, so calIed-in fact, the
Middle States-there are those who favor u
policy which they call an armed neutrality ;
that IS, the armiug of those States to prevent
the l MON forces passing one way, or the dis
union the other, over their soil
This would be diSunion completed Firm
ratively speaking, it would be The building of
an impossible wall along the line of sep3ra-
ton; and yet not quite an impossible one, for,
under the gulse oi heatrahty, il would tie the
hands of ths Union men and freely pas, sun
plies from among them to the insurrec tionists,
~ hCh it could not do as open enemy Al
2 stroke, II would take all the trouble of the
hands of secession, except only what proceeds
from the external blockade.
1t would do for the Disunionists that which
of al! things, they most Gesire-feed them we'll
and give them diSnGiou without a struggle of
their own. 1t recognizes no fidelity to the
Cons .itu tion-no obligation to maintai the
Union; and while very many who have ia
vored IL are doubtless loyal citizens it is new
ertheiess very injurious in effect.
Recurring To the action OF the Government,
ii may be stated that at first a call was made
for 70 600 militia, and rapidly following this q
proclamati was issued for closing the ports
of the iusurrectionary q tricts by proceedings
in the mature of a blockade. SO far all was
believed to be strictly legal.
Al this point, the insurrectiOnists an
nOuncPd their purpose to enter upon the nrac-
tice OF priYhteering.
Other calls were made for volunt eers to
serve three years, unless sooner discharged,
aud also for large additions to the regular
Army and Navy
These measures, whether strictly legal or
NOT, were vertursd upon under what appear
Ell tD he Il popular demand and public ne
ceS sity, truS ting, AS now, that Congress would
readily ratify them. II is believed that no.
thing has been done beyond the constitutional
com potency of Congress.
Soon after the first cali for militia, it was
considered duty TO authorize the command
ing general, III proper cases, according to mis-
discretion. TO suspend the privilege of the
writ OF hateds corpus, or, il other words to ar
rest and detaIn, without resort to the ordinary
processes and forms of law, such individuals
as he might deem dangerous TO the public
safety. This authority has purposely been
exercised, but very sparngly.
Nevertheless, the legality and propriety of
what has been done under it are ques toned
a.. 4 ia has hpan
cIj!ed 10 the proposition that one who is sworn
to take care that the laws be faithfully exc
cued should not himself violate them.
OF course some consideration was given to
the ques ton of power and propreJy before
this matter was acted upon. The whole of
the laws whi a were required TO be faithful
II executed were being re- is ted, and failing OF
execution in nearly third of the States -
Must they be allowed to finally is of execu-
ton, even had II 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 of the
innocent should, 10 a very limited extent, he
violated TO state the question more di
rectiy, are all The laws but one TO go upexe-
cuteG, and the Government itself go 10 pieces
lest that one be violated?
Even in such a case would not the official
oath BE- broken if the Government should be
oyerthrown, when il was believed that disre-
garding the single law would tend to preserve
IN bNt IL was not believed tn1t TINS q ueSJlon
was presented 1t was net believed mat any
law was violated.
The provision OF the Constitution that the
privilege OF the writ OF hdbe0S corpus shall not
ba suspended unless when, in cases OF rebel
llon or invasion, the public safety may re-
qnire, is equivalent 70 q provisioa-is-t proyi
sion-that such privilege may be suspended
when, in cases OF rebellion or invasion, the
public safety does require it,
1t was decided that we have a case or re-
bellion, aad that the public safety does re-
quire the qualified suspension of the writ
which was authorized to be made. Now, it
is iEsiS ted that Congress and not the Execu-
tive is YES ted with this power.
But the Cos stitution itself is silent as to
" hich or who is TO exercise the power ; and
as the provision was plainly made for dan
gerons emergency,i II cannot be believed the
trainers OF the instrument intended that in
every case danger should run its course until
Congress should be called together, the very
assembling of which might have hean pre-
vented, as was INTENDED IN this case by the re-
hsl!iGn, NO more extended argument is now
offered, 80 an opinion OF soma length will
probably sa presented By the Attorney Gene.
raj. whether there shall be any legislation
upon the subject, and If any, what, is sub.
mitted entirely to the better judgment Of Con.
gress.
The forbearance of this Government had
been SO extraordinary. and so long continued
as 10 lead some foreign nations to shape their
action AS II they supposed the early destruc-
tiOr Of our National l'nion was probable
While this, on discovery, gave the Execu-
tive some concern, he is now happy 10 say
that the sovereignty and rights of the United
States are now everywhere practically re-
spected by foreign powers, and Il general SYM
pathy with the country is manifested through
out The world.
The reports OF the Secretaries of the Trea-
snry, War and Navy VIII give the inforua-
ton in detail deemed necessary and convent
ent for your deliberation and action, while the
Executive and all The Departments will
stand ready 10 supply omissions, or to COM
new facts considered important for
you 10 know.
1t is now recommended that you give the
legal means for making this contest u short
hn., that,