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expectation。 Yet none of the States commonly called slave States;
except Delaware; gave a regiment through regular State organization。
A few regiments have been organized within some others of those
States by individual enterprise; and received into the government
service。 Of course the seceded States; so called (and to which Texas
had been joined about the time of the inauguration); gave no troops
to the cause of the Union。
The border States; so called; were not uniform in their action; some
of them being almost for the Union; while in othersas Virginia;
North Carolina; Tennessee; and Arkansasthe Union sentiment was
nearly repressed and silenced。 The course taken in Virginia was the
most remarkableperhaps the most important。 A convention elected by
the people of that State to consider this very question of disrupting
the Federal Union was in session at the capital of Virginia when Fort
Sumter fell。 To this body the people had chosen a large majority of
professed Union men。 Almost immediately after the fall of Sumter;
many members of that majority went over to the original disunion
minority; and with them adopted an ordinance for withdrawing the
State from the Union。 Whether this change was wrought by their great
approval of the assault upon Sumter; or their great resentment at the
government's resistance to that assault; is not definitely known。
Although they submitted the ordinance for ratification to a vote of
the people; to be taken on a day then somewhat more than a month
distant; the convention and the Legislature (which was also in
session at the same time and place); with leading men of the State
not members of either; immediately commenced acting as if the State
were already out of the Union。 They pushed military preparations
vigorously forward 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 invitedinto their State large bodies of
troops; with their warlike appointments; from the so…called seceded
States。 They formally entered into a treaty of temporary alliance
and co…operation with the so…called 〃Confederate States;〃 and sent
members to their congress at Montgomery。 And finally; they permitted
the insurrectionary government to be transferred to their capital at
Richmond。
The people of Virginia have thus allowed this giant insurrection to
make its nest within her borders; and this government has no choice
left but to deal with it where it finds it。 And it has the less
regret as the loyal citizens have; in due form; claimed its
protection。 Those loyal citizens this government is bound to
recognize and protect; as being Virginia。
In the border States; so called;in fact; the middle States;there
are those who favor a 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 completed。 Figuratively speaking; it would be the building
of an impassable wall along the line of separationand yet not quite
an impassable one; for under the guise of neutrality it would tie the
hands of Union men and freely pass supplies from among them to the
insurrectionists; which it could not do as an open enemy。 At a
stroke it would take all the trouble off the hands of secession;
except only what proceeds from the external blockade。 It would do
for the disunionists that which; of all things; they most desire
feed them well and give them disunion without a struggle of their
own。 It recognizes no fidelity to the Constitution; no obligation to
maintain the Union; and while very many who have favored it are
doubtless loyal citizens; it is; nevertheless; very injurious in
effect。
Recurring to the action of the government; it may be stated that at
first a call was made for 75;000 militia; and; rapidly following
this; a proclamation was issued for closing the ports of the
insurrectionary districts by proceedings in the nature of blockade。
So far all was believed to be strictly legal。 At this point the
insurrectionists announced their purpose to enter upon the practice
of privateering。
Other calls were made for volunteers to serve for three years; unless
sooner discharged; and also for large additions to the regular army
and navy。 These measures; whether strictly legal or not; were
ventured upon; under what appeared to be a popular demand and a
public necessity; trusting then; as now; that Congress would readily
ratify them。 It is believed that nothing has been done beyond the
constitutional competency of Congress。
Soon after the first call for militia; it was considered a duty to
authorize the commanding general in proper cases; according to his
discretion; to suspend the privilege of the writ of habeas corpus;
or; in other words; to arrest and detain; without resort to the
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 questioned; and the
attention of the country 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。 Of course some consideration was
given to the questions of 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 the States。 Must they be allowed to finally fail
of execution; 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 citizen's liberty that; practically; it
relieves more of the guilty than of the innocent; should to a very
limited extent be violated? To state the question more directly; are
all the laws but one to go unexecuted; and the government itself go
to pieces lest that one be violated? Even in such a 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。 It 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; unless when; in cases of
rebellion or invasion; the public safety may require it;〃 is
equivalent to a provisionis a provisionthat such privilege may be
suspended when; in case of rebellion or invasion; the public safety
does require it。 It was decided that we have a case of rebellion;
and that the public safety does require the qualified suspension of
the privilege of the writ which was authorized to be made。 Now it is
insisted that Congress; and not the executive; is vested with this
power。 But the Constitution itself is silent as to which or who is
to exercise the power; and as the provision was plainly made for a
dangerous emergency; it cannot be believed the framers of the
instrument intended that in every case the danger should run its
course until Congress could be called together; the very assembling
of which might be prevented; as was intended in this case; by the
rebellion。
No more extended argument is now offered; as an opinion at some
length will probably be presented by the attorney…general。 Whether
there shall be any legislation upon the subject; and if any; what; is
submitted entirely to the better judgment of Congress。
The forbearance of this government had been so extraordinary and so
long continued 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 everywhere practically respected by foreign powers;
and a general sympathy with the country is manifested throughout the
world。
The reports of the Secretaries of the Treasury; War; and the Navy
will give the information in detail deemed necessary and convenient
for your deliberation and action; while the executive and all the
departments will 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
contest a short and decisive one: that you place at the control of
the government for the work at least four hundred thousand men and
400;000;000。 That number of men is about one…tenth of those of
proper ages within the regions where; apparently; all are willing to
engage; and the sum is less than a twenty…third part of the money
value owned by the men who seem ready to dev