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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