Year: 1861

ion at the capital of Virginia wber
Fort Sumter fell. To this body the
people had chosen large majority O


professed Union men. Almost imme


diately after the fall of Sumter number.
of that majority went over to the origi


nal minority, and with them adopted
an ordinance for Withdrawing the State
from this Union. Whether this change
was wrought by their great approval
of the assault on Sumter, or their great
resentment to the Governments resis.
tance to that assault, is not definitely
known. Although they submitted the
ordinance for ratification to a vote OF
the people, { o be taken somewhat more
than a month distant the Convention
and Legislature, which was also in
session at the same time and place, with
leading men of the State, Immediately
commenced acting as if the State was
already out of the Union. They pushed
military preparations vigorously for
ward all over the State. They seized
the United States armory at Harper's
Ferry and the Navy Yard at Gosport
near Norfolk. They received, perhaps
invited into their State, large bodies of
troops, with their warlike appoint
ments, from the so called seeded States.
They formally entered into a treaty
with the so-called Confederate States,
and sent members to their Congress at
Montgomery, and finally they permitted
the insurrection government to be
transferred to their Capital at Rich
mond. The people of Virginia have
thus allowed this giant insurrection to
make its nest within their borders, and
this Government has no choice left but
to deal with it where it finds it, and it
has the less to regret, as the loyal citi-
zens have, in due form, claimed its pro-
lection. Those loyal citizens the Gov
ernment is bound to recognize and
protect as being in Virginia. In the
Border States, so-called, in fact the
Middle States, there are those who
favor policy which they call armed
neutrality, that is, an arming of those
States to prevent the Union forces
passing one way, or the disunion the
other, over their soil. This would be
disunion completely; fguratively speak
ing, it would be the building of an
impossible wall along the line of separa-
ton; and yet, not quite an impossible
one, for, under the guise of neutrality,
it would tie the hands of the Union
men and freely pass supplies from
among them to the insurrectionists,
which it could not do as an open enemy.
At stroke it would take all the trouble
off the hands of secession except only
what proceeds from the external block
ade. 1t would do for the disunionists
that which of all things they most de-
sire, feed them we'll and give them dis
union without struggle of their own.
1t recognizes no fidelity to the Constitu-
ton, no obligation to maintain the
Union. While very many who have
favored it are doubtless loyal citizens,
it is nevertheless very injurious in effect.


Recurring to the action of the Gov
ernment it may be stated that at first
a call was made for IS, 900 militia, and
rapidly following this, proclamation
was issued for closing the ports of the
insurrectionary districts by blockade.
So far all was believed to be strictly
legal.


At this point the insurrectionists
announced their purpose Of entering
upon the practice of privateerlng.
Other calls were made for volunteers
to serve three years unless sooner dis.
charged, and also large additions to the
regular army and navy. These meas
ures, whether strictly legal or not, were
ventured upon what appeared to be the
popular demand for public necessity
trusting them, as now, that Congress
would ratify them. 1t is believed thai
nothing has been done beyond the
constitutional competency of Congress


Soon after the first call for militia, II
was considered a duty to authorize the
commanding General, in proper cases


according to his discretion, to suspend
the privilege of the habeas corpus, o.
in other words to arrest and detair


without resort to ordinary process ant
forms of law such individuals as h.


might deem dangerous to the publi


safety. This authority has purposel.


been exercised but very sparingly


nevertheless, the legality and prophet


of what has been done under it ar


questions, and the attention of tn


country has been called to the PROPOSE


ton that one who has sworn to tax


care that the laws be faithfully executed


should not himself violate them. y


course some consideration was given t,
the questions of the power and proFrl
etv before this matter was acted upon


The whole of the laws which were re


ouired to be faithfully executed, wer


being resisted and failing of executio


in nearly one third of the States


Must they be allowed to finally fail {


execution, even if it had been perfect


clear that by the use of the mean


made in such extreme tenderness Q
the citizens liberty that practically
relieves more of the guilty than the IN
nocent, should, to limited extent, 3
, violated? To state the question NOR
f directly, are all the laws but one to b
executed, the Government itself to g
to pieces lest that one be violated
Even In such case would not the of
cial oath be broken if the Governmer
: should be overthrown when it was b'
l.orol l.z...~o,5,nn fha SInOlQ lq'