Year: 1861

m0nJ lntm " the IL u4lCCt4Odioto NIiC!


it could not do as an open enemy. At


stroke il would take all the trouble of tht


hands of secession except only what pro
ceeds from the external blockade. |


would do for The disunionists that which


of all things they most desire, feed them


we'll and give them dlsunlon without a
struggle of their own. 1t recognizes no


fidelity to the Constitution, no obligation tc


maintain the Union. While very many WIG


have favored it are doubtless loyal citizen


it is nevertheless very I'M urious in effect


Recurring to the action Of the Govern


ment it may be stated that at frs. call
was made for $4,000 militia, and rapidly
following this, proclamation was issued
for closing the ports of the insufrectionary
districts by blockade. So far all was
believed 70 be strictly legal,


At this point the inSurrec,ionists an
nouneed their purpose of entering upon
the practice Of privateering. Other calls
were made for volunteers to serve three
years unless sooner discharged, aud also
T large additions to the regular army and
navy. These measures, whether strictly
! legal or not, were yenlured upon what ap-
pesred to be popular demand for pub
/ lie necessity, trusting then, as now, that
Congress would ratiiy them. 1t is be-
ieved that nothing has been done beyond
the constitutional competency of Congress.
Soon after the first call for militia, 1t was
considered duty to authorize the com


manding General, il proper cases, accord
ing to his discretion. to suspend the priv
ilege of the ha6eas corpus, or in other
words to arrest and detain without resort
to ordinary process aud form Of law such
individuals as he might deem dangerous
to the public safety. This authority has
purposely been exercised but very Sparing
ly nevertheless, the legality and roprie-
ty OF what has been done under il are
que,tions, and the attention of tie uoun-
try has been called to the proposition that
one who has sworn to take care that the
laws be faithfully executed should not
himself violate them. o. course some
consideration was given to the questions
of the power and propriety before Ibis
matter was acted upon. The whole Of he
laws which were required 10 be faithfully
executed, were being resisted and ia.jng
of execution in nearly one-third ct The
States. Must tEey be allowed 10 finally
fail Of execution, even if it had been pcrs
fectly clear that by the use Of the nisaa-
necessary TO their execution some single
Jaw made in such extreme tenderness Of
the citizens liberty that practically It re-
lieves more OF the guilty than tie iuno-
cent, should, to limited extent, be vio-
lated ? To state the question more direct
II, are all the laws but one to 90 uuexecu-
ted, the Government iseif to 90 to pieces
lest that one be violated Even i!l such
case would not The official oath be
broken if the Government should be over
thrown when 1t vas believed Hal die
gardiug the single law would teud to pre-
serve il ? But it was not believed that
this question was presented. 1t was lot
believed that any law was violated. The
provision of the Constitution being that
the privilege Of The ha6eqs corpus shall
not be suspended except in eases Of rebel
lion or invasion the public safety does re


quire it. It was decided that We have.a
case Of rebellion, and the public safety
does require qualified suspension OF The
privilege Of the writ-which was author
lied to be made. Now il is insisted tlat
Congress, and not the Executive, IS Vested
with this power But the Constitution
itself is silent as 10 which or who IS 70
usurp the power, and as the provision Was
plainly made for dangerous emergency,
ii cannct be believed that the trainers OF
the instrument in,eLded that in every case
the danger should run its course until
Congress should be called together, the
very assembling of which might be pre-
vented, as was Intended ia this case, by
the rebellion No more extended argu-
ment is now afforded, as an opinion at
some length will probably be presented by
the Attorney General. Whether there
shall be any legislation on the subject, and
if SO, what. is submitted entirely to the
better judgment Of Congress.


The forbearance of this Government has
been so extraordinary and 50 long contin
ued as to lead some foreign nations to
shape their action as if they supposed the
early destruction of our National Union
was probable, 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 practi-
cally respected by foreign powers, and a
general sympathy with the government IS
manifested throughout the world.


The reports of the Secretaries of the
Treasury, War and Navy, Will give the in
formation III detail deemed necessary and
convenient for your action, while tie Tx
ecutIve and Departments viii stand ready
to supply omissions, or to communicate
new facts considered important for YOU to
know It is now recommended that you
give the legal means for making this con-
/ test a short and decisive one that you
place at the control of the Government for
the work at least 400, 900 men and S400,-
| OOO,0 That number Of men is about
one-tenth of those of proper ages within
/ the regions where apparently all are vii
/ ling to engage, and the sum is less than
/ twenty-third part of the money value own
| ed bv the men who seem ready to devote
/ the whole. A debt Of six hundred million
/ dollars now, is a 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 bears even greater
proportion. Surely, each man has as
strong motive now to preserve our I6er-
ties as each had then to establish them.-
A right result at this time will be worth
more to the world than ten times the mer
and ten times the money. The evidence