Year: 1861

, congress


Soon after the first call for militia. it
was considered q duty to authorize the
commanding general in proper cases, ac-
cording to his discretion, to suspend the
privilege of the habeas corpus. or in other
words to arrest and detaiu without resort
to ordinary processes aud forms of law,
such individuals as he might deem danger
Gus to the public safety.


This authority has purposely been exer-
cised, but very sparingly. Nevertheless,
the legality and propriety Of what has
been done under it are questions, 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 execu-
ted, should not himself violate them. OF
course some consideration was given to the
questions of the power and propricty
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
ofthe States; must they be allowed finally to
fail of execution, even had it been perfect
ly clear that by the use of the means nee
essary to their execution. some single law
made in such extreme tenderness of the
citizens liberty, that practically it relieves
more Of the guilty than the innocent,
should to very limited extent be violated.
To state the question more directly. are all
the laws but one to 60 unexceuted, and
the Government itself to 90 10 pieces, lest
that one be violated? Even in such u
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 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,
except in cases Of rebellion or invasion,
the public safety docs require it.


1t was decided that we have case Of
rebellion and the public safety docs require
the qualified suspension of the privilege e
the writ which was authorized to be made.
Now il is insisted that Congress, and not
the Executive, is vested with this power.
But the Constitution itself is silent as Il,
which or who is to exercise the power, and
as the provision was plainly made for IA
dangerous emergency, it cannot be believed
that the trainers of the instrument intend
ed that in every case the danger should
run its course until Congress should be
called together, the very assembling of
which might be prevented as was intended
in this case by the rebellion. No more cx-
tended argument is now afforded, as an
opinion at scme length will probably be
presented by the Attorney General.


Whether there shall be any legislation
on the subject and if So what, is submit
ted entirely to the better judgment Of
Congress, The forbearancc of this Gov
ernment has been so extrat rdinary and 80
long continued as to lead some foreign ma
tions to shape their actions as if they sup
posed the early destruction of our National
Union was probable While this, on dis
cOvcTy, gave the Executive some concern,
he is happy to say that the sovereignty
and rights of the United States are now
practically respected by foreign powers,
and general sympathy with the Govern
mcnt is manifested throughout the world.


The reports of the Secretary of the
Treasury, War and Navy will give the in
formation in detail deemed necessary and
convenient for your action, while the Ex-
c'utiyc and Departments will stand ready
to supply omissions, or to communicate
new facts considered important for you to
know. O." .. rt


1t IL now recommended 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 S 100000,
That number of men is about one-tenth of
those of proper ages within the regions,
where apparently all are willing toengage,
and the sum is less than twenty-third
part OF the money value owned by the men
who seem ready to devote the whole. A
de6t of 100000, 900 now. is a less sum
per head than was the debt of our revolu-
,tion when we came out of that struggle,
and money value in the country bears even
greater proportion. Surely each man has
as strong motive now to preserve our
liberties as each had then to establish them.


A right result at this time will be worth
more to the world than ten times the men
and ten times the money. The evil
dencc reaching us from the country leaves 7
no doubt that the material for tho work is
abundant, and hatit needs only the hand
of legislation to give it sanction, and the
hand of the executive to give it Practical
shape aud efficiency. One of the greatest
of the government is to avoid
receiving troops faster than it can provide
for them. In word, the people viii save