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the writings-5-第56章

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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
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