正在加载图片...
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, treason in effect. Recurring to the action of the government,it may be stated that,at first, a call was made for seventy-five 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 insurrectionists 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 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 thatof 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, treason in effect. Recurring to the action of the government, it may be stated that, at first, a call was made for seventy-five 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 insurrectionists 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 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
<<向上翻页向下翻页>>
©2008-现在 cucdc.com 高等教育资讯网 版权所有