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 invited, into 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 Ideal 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 separation; and yet not quite an impassable one, for under the guise of neutrality, it would tie the hands of the 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 seventyfive thousand 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 insurrectionsts announced. their purpose to enter upon the practice of privateering.

Other calls were made for volunteers to serve 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 is 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 citizens' 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 provision, is a provision, that such privilege may be suspended when, in cases 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 can not be believed that 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 has 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 every-where 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 d-liberation 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 a decisive one; that you place at the control of the government, for the work, at least four hundred thousand men and four hundred millions of dollars. 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 devote the whole. A debt of six hundred millions of dollars now, is a less sum per head than was the debt of our Revolution when we came out of that struggle; and the money value in the country now bears even a greater proportion to what it was then, than does the population Surely, each man has as strong a 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 evidence reaching us from the country leaves no doubt that the material for the work is abundant; and that it needs only the hand of legislation to give it legal