Year: 1861




Recurring to the action Of the Govern.
ment, it may be stated that at first call
was made for $4,000 military, and rapidly
following this proclamation was issued for
closing the ports Of the insurrectionsry dis.
tricts, by proceedings in them Of blockade.
So far all was believed to be STRICTLY legal.
At this point the insurrectionists announced
their purpose Of entering upon the practice
Of privsteering. Other calls were made for
volunteers to serve three years, unless soon
er discharged; and also large additions to
the regular army and navy. These meas
ures whether strictly legal or not, were ven
tured upon what appeared to be popular
demand for public necessity, trusting then
as now, that Congress would readily satisfy
them. 1t is believed that nothing has been
done beyond the constitutional competency
of Congress. Soon after the first call for
militia it was considered duty to authorize
the Commanding General, in proper cases,
according to his discretion, to suspend the
privilege Of the hebeas corpus, or, 10 other
words, TO arrest and detain without resort
to ordinary processes and forms Of law, such
individuals ashe mightde dangerous to the
public safety. This authority has purposely
been exercised, but very sparingly; never
the less the legality and propriety of what
has been done under it are questions, and
the attention of the country has been call
cd to the proposition that one who is swore
TO take care that the laws be faithfully ex-
ecuted should not himself violate them
Of course, some consideration was given to
the questions Of the power and propriety
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
of tho States. Must they be allowed to
finally fail Of executioni Even had it been
perfectly clear that by the use of the means
necessary to their execution, some single
law made in such extreme tenderness of the
citizens liberty, that practically it relieves
moro 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 go unexecuted, and the
Government itself to go to pieces lest that
ono be violatedi Even in such a case
would not the official oath DO broken if the
Government should be overthrown when it
was believed that disregarding the single
law would tend to preserve itl But it was
not believed that this question was present
ed. 1t was not believed that any law was
violated. The provision Of the Constitution,
that the privilege of the writ of habeas cor
pus shall not be suspended except in cases
of rebellion or invasion, when the public
safety requires it. 1t was decided that We
have case of rebellion, and the public
safety does require the qualified suspension
of the privilege Of the writ, which was auth
orized to be made. Now it is insisted that
Congress and not the Executive is vested
with this power. But the Constitution it.
self is silent as to which or who is to exer-
else the power, and as the provision was
pletely made for dangerous emergency,
it cannot be believed that the trainers Of the
intended that in every case the
danger should run its course until Congress
should be called together, the very assemb-
ling Of which might be prevented, as was
intended in this case by the rebellion. No
more extended argument is now afforded, as
an opinion at some length will probably be
presented by the Attorney General, wheth-
er there shall be any legislation on the sub
ject, and if so, what is submitted entirely
to the better judgement Of Congress.


The lorbearance of this government has
boon SO extraordinary and so long continued,
as to lead some foreign nations to shape
their actions as if they supposed the early
destruction of our national Union was prob
able. While this, on discovery, gave the
Executive some concern, he is happy to say
that the rights Of the United States are
now practically respected by foreign powers,
and general sympathy with the Govern
ment is manifested throughout the world.


The reports of the Secretaries of Treas
ury, War and Navy, will give the informa-
tion in detail, deemed necessary and con-
venient for your action, while the Executive
and Departments will stand ready to supply
omissions, or to communicate new facts con
sidered important for you to know. II is
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 4o0,o00,0o0 dollars
That number Of men is about one-tenth OF
those of proper ages within the regions
where, apparently, all are willing to en-
gage, and the sum is less than twenty
third part of the money valuo owned BY
men who seem ready TO devote the whole.
A debt of $6oo,ooo,o 900 now is less sum
per head than was tho debt of our revolu-
tion when we came out of that struggle, and
the money value in the country bears even
a greater proportion. Surely each man ha:
as strong motive now to preserve our lib.
erty as each had then to establish them
A right result at this time will be worth
moro to the world than ten times the mon
and ten times tho money. The evidence
reaching us from the country leaves nc
doubt that the material for the work j.
abundant, and that it needs only the hand
Of legislation to give it sanction, and the


hand Of the Executive 70 give it practica
shape and efficiency. One Of the creates


perplexitiss Of tho Government is 70 ayoit


receiving troops faster than il can provid


for them. In word, the people will saw


their Government If the Government vii
do its part only indiaerehtly we'll. 1t nigh
seem at first thought to be of little differ


ence whether the present movement at th


South DO called secession or rebellion.


The mevarA however. we'll understand The difsranes


They knew Atthe beginning that they could nevor rails


thsr treason 70 any respensible magnituds By any


possessed "a mueh devotion 10 Law and order As uc


Prlee and reverence to the history and government