Year: 1861

CATION to maintain the Union. While very many
whv have favored it are doubtless loyal citizens
it is nevertheless very injurious in effect


Recurring to the action of the government, il
may be stated that at first call was made for
75 900 militia, and, rapidly following this proca-
nation was issued for closing the ports of the in
surrectonary districts by the nstitutng in them OF
a blockade.


So fer, oil was believed to be strictly legal. At
this point the insurrectiorists announced their
purpose of entering upon the practice Of prIva-
teering. Other calls were made for volunteers to
serve three years unles; sooner discharged, and
also large additions in the regular army and navy
These measures, whether strictly legal or not,
were venturcd upon what appeared to be the popu-
lar demand for a public neces sty, trusting then,
as now, that Congress would heartily ratify them.
1t is believed that nothing has been done beyond
the constitutional competency of Congress.


Soon after the first call for militia. it was con-
sidered duty to authorize the Commanding Cen
eral in proper cases, according to his discretion,
to suspend the privilege of the habeas corpus, or.
in other words, to arrest and detain, without
res ort to 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 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 the that the laws be faithfully
executed shonld not himself violate them. Of
course, some consideration was given to the ques-
tons of the power and propriety before this mat
ter was acted upon. The whole of the laws which
were required to be faithfully executed were
being resisted, and. failing of execution in nearly
third of the States, must they be allowed to
finally fail of execution. even ifit had been per-
fecty clear that, by the ofthe 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 the
innocent, should to very limited extent be viota
ton To state the question more directly, are all
the laws but to go unexecuted, and the govern
ment itself 60 to pieces, lest that one be violated
Even in such a case, ud not the official oath be
broken if the government should be 0verthrown
when it was believed that egarding the single
law would tend to preserve it 7 But it was not
believed that this question was presented. 1t was
not believed that any law was violated. The pro
vision of the constitution is, that the privilege O
the writ of hc beas corpus shall not he suspended
except, in case Of rebellion or INVASION the public
safety requires it. 1t was decided that we have a
case of rebellion. and the public safety does re.
qure The qualified suspension of the privilege OF
the writ, which authorized to be made. Now
it is insisted that Congress, and not the Executive
is vested with the power. But the constitution
itself is silent as which or who is to exercise the
power, and, the provision was plainly made for
a dangerous emergency it cannot be believed tina,
the trainers Of the instrument intended that in
every case the danger should run its course until
Congress should be called together, the very as
sembling of which might be prevented, as was in
tended in this case, by the rebellion. No more
extended argument is afforded, 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 sub
mitted entirely to the better judgment of Con
grcss.


The forbearance Of this governm ent has been SO
extraordinary and so long continued as to lead
some foreign nations to shape their actions as il
they supposed the early destruction of our Nation
al Union was probable. While this, on discovery
gaze the Executive some concern, he is now happy
to say that she sovereignty and rights of the Uni
ted States arc practically respected by foreign
powers, and general sympathy with the govern
ment is manifested throughout the world.


The reports of the Secretaries of the Treasury
War and Navy will give the information in detail
deemed nece ssary and convenient for your action,
while the Executive and Departments will stald
ready to supply emissions, or to communicate new
facts considered important for you to know.
| 1t ia now recommended that you give the legal
means 70: making this contest short and dcsisive
one that you place at the control of the govern
ment for the work at least 400 900 men and S400,
600 900. That number of men is about one-tenth
of those of proper ages within the regions where,
appearantIy, all are willing to engage, and the
is less than twenty third part of the money value
owned by the men who seem ready to devote their
whole. A debt of 100000 900 now is a less sum
per head than was the debt of our Rex olution
when we came out of the struggle, and the money
value in the contrary bears even greater proper
ton. Surely each man has as strong a motive
now to preserve our liberties 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 evidence reaching us from the country
leaves no doubt that the material for the work is
abundant, that it needs onlr the hand of legisla-
ton to give it sanction and the hand of the Execu
tive:to give practical shape and efficiency. One
of the greatest perplexities of the government is
to avoid receiving troops faster than it provide
for them. In a word, the people will the
government if the government will 10 Its part only
indiffcrently we'll


1t might seem, at first thought, to be Of little
difference whether the present movement at the
South be called secession rebellion. The
movers, however, well understand the difference,
They knew at the beginning that they could never
raise their treason to any reasonable magnitude
by any name which implies violation of law. They
knew their people possessed as much devotion to
/ 4 Ia