At the beginning of the present presidential term, four months ago, the
functions of the Federal Government were found to be generally
suspended within the several States of South Carolina, Georgia,
Alabama, Mississippi, Louisiana, and Florida, excepting only of the
post-office department. Within these States all the forts, arsenals,
dockyards, custom-houses and the like, including the movable and
stationary property in and about them, had been seized and were held in
open hostility to this Government, excepting only Forts Pickens,
Taylor, and Jefferson, on and near the Florida coast, and Fort Sumter,
in Charleston harbor, South Carolina.
* * * * *
In accordance with this purpose, an ordinance had been adopted in each
of these States, declaring the States respectively to be separated from
the National Union. A formula for instituting a combined Government of
those States had been promulgated, and this illegal organization, in
the character of the "Confederate States," was already invoking
recognition, aid, and intervention from foreign powers.
Finding this condition of things, and believing it to be an imperative
duty upon the incoming Executive to prevent, if possible, the
consummation of such attempt to destroy the Federal Union, a choice of
means to that end became indispensable. This choice was made, and was
declared in the inaugural address.
[After reciting the measures previously taken, he continues]:
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 process 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 are
faithfully executed should not himself violate them.