clothed with the power to issue the writ, should issue it, and being obeyed, should decide (and such instances would no doubt occur) that the enterprise was not only not treasonable but loyal, constitutional, and praiseworthy. Discharged, they return to their troops, and are again leading them in their treacherous career. Is this the way in which the rebellion is to be suppressed? Is this the end of the power and of the means vested in the President to suppress it? If it is, then, in the words of the ChiefJustice, in the case quoted, "the military array of the Government would be mere parade, and rather encourage attack than repel it." The consequences certain almost to follow from such a doctrine are thought to be so striking and so fatal to a faithful execution of the laws, as to suffice without more to demonstrate its unsoundness. the war-as has been shown, would be comparatively impotent if it was subjected in all cases to the writ in question. It seems, too, to be supposed—and such is the view now taken by the Chief-Justice-that no powers are vested in the Executive except such as are expressly delegated by the second article of the Constitution. And, reasoning on this hypothesis, it is contended that the power which the President has exercised is not in him, because not so given by that article. It is submitted that this is an incorrect interpretation of the Constitution. As far as the legislative and judicial departments are concerned the rule is right-as to the first, because in words it is vested only with the specially granted powers; and as to the second, because its particular jurisdiction is prescribed. But this is not true of the Executive department. Again, the power to disregard the writ, The article and section organizing that dewhich the President believes he has, is not the partment begins with saying, "the executive same power given to Congress by the ninth power shall be vested in the President; " and section of the first article of the Constitution. then proceeds to prescribe the mode of his elecThat looks to a general suspension for a limited tion; and although pointing out certain partictime. During that time, as far as the Govern- ular powers, contains no words limiting him to ment of the United States is concerned, the such powers alone. Nor could this have been writ is totally inoperative. No one, no matter done without giving to the article the prolixity how imprisoned by the authority of the Gov- of a code. The true rule of construction is thereernment, can have the writ. Its total suspen- fore thought to be that all powers of an execusion within the period determined by Congress, tive nature, not denied to the President or given not only covers the cases of persons arrested with limitations, and not inconsistent with the upon treasonable charges or suspicions, but all general character of the Government, are in other cases, irrespective of the causes of arrest. the President by force of the terms, "the execThis is not the power vested in the President. utice power shall be vested in a President." This His authority is measured and limited by the rule was long since laid down by Alexander existing exigency of each arrest. In each in- Hamilton, one of the chief founders of the Constance, if the grounds of the arrest involved in stitution, and one of the ablest of its defenders any way the success of his array of force, he whilst it was under the consideration of the has a right to hold the party till all danger to people. The proclamation of neutrality issued that object is at an end. This being a military by General Washington in April, 1793, was bitquestion, it must be for him, as the command- terly assailed at the time as being beyond his er-in-chief, or his agents, to decide it. He constitutional authority. Hamilton, in a series does not assume the power to suspend the writ of letters under the signature of " Pacificus," in the sense in which that power is in Con- defended it, and in the first of the series laid gress. Congress can repeal it altogether for a down the rule here stated. He maintained that time. Without repealing it he disregards it for the power there exercised was in its nature exthe military end he is bound to accomplish-ecutive, and therefore in the President, and the suppression of the rebellion by force-and only in such instances as are thought by him to be material to that end. The two powers are by no means identical. The one is legislative, the other is executive. The one is a civil, the other is a war power. The one a civil, the other a military question. If the war power of every Government may declare martial law -and this no one has yet denied-then it must have the power, as one of the admitted incidents of martial law, to disregard the writ in question. But it is alleged that a control over the writ is exclusively with Congress, because the Constitution gives it to that department, and because it is, in its nature, a legislative power. For the reasons already assigned neither of these grounds is believed to be correct. On the contrary, the war power-that is, the conduct of referred to the different terms in which the powers are granted to Congress and the President respectively, by the first and second articles, in order to show that although the particular power was not given to the President by specific terms, it was given by force of the general grant of the executive power. His reasoning, which would seem to be conclusive, was this: "The difficulty of a complete enumeration of all the cases of Executive authority would naturally dictate the use of general terms, and would render it improbable that a specification of certain particulars was designed as a substitute for these terms when antecedently used. The different mode of expression employed in the Constitution in regard to the two powers, the legislative and the executive, serves to confirm this inference. In the article which gives · the legislative powers of the Government the | son's conduct at New Orleans in 1807-conduct expressions are, ‘all legislative powers herein in fact approved by him, and not disapproved granted shall be vested in the Congress of the of by any Congressional legislation-a comUnited States.' In that which grants the ex-mentary on the English form of government, a ecutive power, the expressions are, the execu- Government resting as to nearly all its powers tive power shall be vested in a President of the upon usage and precedent, or to the otherwise United States.' The enumeration ought, there- unsupported authority of the Chief-Justice, and fore, to be considered as intended merely to especially when, as in this instance, he seems specify the principal articles implied in the def- to have departed from or forgotten the docinition of executive power; leaving the rest to trines he maintained in the case in Howard. flow from the general grant of that power, interpreted in conformity with other parts of the Constitution, and with the principles of free government. The general doctrine of our Constitution, then, is that the executive power of the United States is vested in the President; subject only to the exceptions and qualifications which are expressed in the instrument." These letters were replied to by Mr. Madison, with the ability which ever characterized him, in a series of others under the signature of "Helvidius;" and although he contested almost every other constitutional proposition of Hamilton, he Dowhere called into doubt the correctness of his rule of construction. His silence under the circumstances must, therefore, be assumed as his assent to the rule; and the rule, therefore, stands on the highest authority we can have-that of the two ablest and purest statesmen the country has ever possessed, and who were especially conspicuous in giving us the Constitution which, uniting us as one people for all purposes requiring such a union, has so exclusively and greatly promoted our power and prosperity as a nation. The rule, too, was maintained in the strongest terms by President Jackson in his protest of the 15th of April, 1834. If with the opinion the President now is supposed to hold, to use in part the words of President Jackson, in the protest referred to, he should "be induced to act in a matter of official duty contrary to the honest convictions of his own mind, in compliance with the " (opinion of the Chief-Justice) "the constitutional independence of the Executive department would be as effectually destroyed and its power as effectually transferred to" (the Judiciary department) as if that end had been accomplished by an amendment to the Constitution. 66 This paper has been made the more elaborate because of the justly high character of the Chief-Justice of the United States, and because of a desire to satisfy the judgment of the people of the country upon the point in issue between that functionary and the President; a people whom the President is faithfully serving with all the ability he possesses in this crisis of their Government, and whom he hopes to be able, when he retires from the elevated office in which their confidence has placed him, to leave in the peaceful and happy enjoyment of an unbroken Union, and an undisturbed and faithful execution of the laws. Doc. 59. That rule, then, being the true one, the only question in the case is, whether the power which the President is exercising is in its nature an executive one. That it is, has been, it is be- A VIRGINIAN WHO IS NOT A TRAITOR. lieved, satisfactorily shown; and under the rule stated by Hamilton, impliedly sanctioned by Madison, and expressly adopted by Jackson, it is in the President by force of the general delegation to him of the Executive power. RESPONSE OF LIEUT. MAYO, U. 8. N., TO THE U. S. Ship ST. MARY'S, Mare Island, Cal Upon the whole, then, the President, it is thought, has had no doubt, and is believed not now to entertain any, as to the authority which he has exercised, and will, it is supposed, continue to exercise. On such a point he would naturally be guided by such general reasoning as is here assigned-the authority of Gen. Jack-reads thus: son's example at New Orleans, (not mentioned by the Chief-Justice,) afterwards impliedly sanctioned by Congress, who indemnified him for its exercise, and the solemn decision of the Supreme Court, before mentioned, pronounced thirteen years since, and never afterwards questioned by that or any other tribunal-rather than by the authorities relied on by the ChiefJustice, that is to say, a clearly extra-judicial observation of Chief-Justice Marshall, a mere doubt of Mr. Justice Story, an alleged doubt of Mr. Jefferson, nowhere, however, proved to have been felt, of the legality of Gen. Wilkin "And that he (the Governor) shall immediately invite all efficient and worthy Virginians, and residents of Virginia in the Army and Navy of the United States, to retire therefrom and to enter the service of Virginia, assigning to them such rank as will not reverse the relative rank held by them in the United States service, and will be at least equivalent thereto." John Letcher, for the sake of the American character, I deplore that the "injunction of secrecy "" was removed. I was slow to believe that any body of Virginians, met in solemn convention, could have deliberately authorized you, the Governor, to "invite" all efficient | Convention," made "public" by you, its organ. and worthy Virginians, and residents of Vir- It is cut from the same "secret" piece, dyed in ginia in the Army and Navy of the United the wool, as the perfidy of Harper's Ferry and States, to betray their trust, to turn their hand, Gosport Navy Yard. I decline to yield myself their efficiency, and their worth against the flag upon the invitation of "The Convention," a which has given them all they have and all disgraceful subordinate to Jeff. Davis, and unthey are worth. I can hardly believe that worthy and inefficient Virginian that I am, not any body of the select men of the Old Domin- all the wealth, biped and landed; not all the ion could "invite " any man through their Gov-honors which the Old Dominion can create, ernor, whether an "efficient or worthy Virginian" or even the bugbear of a Yankee "resident of Virginia," to become an honorable deserter. Even with the tangible evidence before me, I am in doubt as to the identity of the ordinance. I feel assured, sir, that the fifty odd loyal and true men-reduced by some "secret" political hocuspocus to a baker's dozen-who voted against secession, did their best to save the State from this execrable abuse of its people. Western Virginia, certainly, does not lend itself to such "invitations." If I remember aright, sir, the leading State Rights men of Virginia declared, at the time of the Hartford Convention, that the secession of a State from the Federal Union was treason. How can leading State Rights men from Virginia now "invite the military officers of that same Federal Union to commit the sin which then was so damnable? What system of morals works the change? John Letcher, I am not a politician, though I am a Virginian by birth. I am no Southerner, nor Northerner, nor Western man. I am a citizen of the United States. It requires no political acumen to discover that "The Convention," whose orders you obey by publishing its own precept "for the benefit of the public, perpetrated a gross fraud upon the people of Virginia and a grosser outrage upon the people and Government of the United States. Your Convention has precipitated the State into hostility against the Government, and has insulted the people. It has, however, as an offset shown the hand of those who now, unhappily, direct the State. John Letcher, I am not your mercenary, nor the mercenary of "The Convention."-My primary and only allegiance is due and rendered to the United States. The United States has cared for me for many years, and its flag is endeared to me by too many associations to be lightly abandoned and turned against in this hour of its direst peril, particularly upon the promises to pay of an exhausted Treasury and the promises of "rank" from a State whose militia, by her own showing and invitation, is commanded by a foreigner, who is a traitor to that Government to which the people of Virginia are faithful despite the unholy and unpatriotic action of "The Convention." If, sir, I were to forsake the Stars and Stripes in this dread hour and join your banner, what assurance would you have that I would not betray you? Surely not that of honor, not that of patriotism. will ever seduce me from a full and unreserved devotion to the Stars and Stripes. You, sir, might have restored peace to your country, but you would not. W. K. MAYO, Lieutenant United States Navy. Doc. 60. MEETING AT DOVER, DELAWARE, THE following are the resolutions passed on the occasion: 1. Resolved, That while we deeply deplore the revolution which has severed eleven States from the Union, we prefer peace to civil war, and believe that if a reconciliation by peaceful means shall become impossible, the acknowledgment of the independence of the Confederate States is preferable to an attempt to conquer and hold them as subjugated provinces. 2. That the reign of terror attempted to be inaugurated by the war party, by denouncing all men as disunionists, secessionists, and traitors, who are opposed to civil war, and to the palpable and gross violations of the Constitution, committed by the present Administration, will not deter us from the expression of our opinions, both privately and publicly, 3. That we believe the effect of the doctrines and measures of the war party, if not their object and intent, under the name of preserving the Union, will be the subversion of the State Governments, and the erection of a consolidated government on the ruins of the Federal Constitution. Resolved, That we tender our grateful thanks to Senators Bayard and Saulsbury, for the bold and patriotic stand they assumed, in the recent session of the Thirty-sixth Congress, for the maintenance of the peace and prosperity of our now distracted country, and we earnestly request them to use all honorable means to bring the "civil war "which now hangs over us like an incubus, to a speedy close, and, if in their judgment no other mode presents itself whereby this end can be attained, to advocate the acknowledgment by the United States Government of the independence of the Confederate States, so that peace and prosperity may be restored among us. Resolved, That the menace demanding the resignation of the Hon, James A. Bayard, one of our Senators in the Senate of the United States, originated in mob spirit, and should reJohn Letcher, Governor of Virginia, I scorn-ceive from him the scorn and contempt which fully reject the infamous proposal of "The it merits from every honorable man, Resolved, That, in the opinion of this meeting, there is no necessity for convening the Legislature of this State. Doc. 601. GEN. SCHENCK'S DEFENCE. CAMP UPTON, Va., Tuesday, June 25, 1861. special orders to the engineer to move a short distance down the road, and there await us. He at once started off as quick and fast as he could, and ran, as we were informed by parties along the road, "as if the devil were after him," to Alexandria, where he probably yet remains. By taking off in this manner the one car, he deprived us of all means of sending for reënforcements, or of carrying our wounded back to I FIND in the telegrams of the 22d inst., the camp, except laboriously and painfully in blankfollowing "special despatch: " "A strict examination of the causes of the lamentable affair at Vienna, has resulted in the exculpation of the engineer of the train which took up the Ohio troops. The responsibility of the blunder which resulted so disastrously for our troops, rests upon Gen. Schenck." Now that you have published the above, will you do Gen. Schenck the justice to publish also this communication? I was at the time acting aid to Gen. Schenck, and at his side both upon and during the action, and have full knowledge, therefore, of every order given. The First Ohio Regiment were taken on a train furnished by Gen. McDowell, and pursuant to his orders. Six companies were left at different points along the line of the Loudon and Hampshire Railroad. The four remaining companies were to be stationed at Vienna. This same train had only the day before been at Vienna-not at Vienna alone, but three miles beyond-with Gen. Tyler and staff, who reported "no evidence of troops in that neighborhood." It is true that some one told Gen. Schenck that some other man had heard that somebody had said that there had been 700 rebels at or near Vienna. He had no foundation on which to base even a delay of so important a move, let alone to disobey his orders. An officer, in the command of a post in the enemy's country, soon learns to appreciate wild rumors. When within a mile of the village, the train was ordered to proceed cautiously, and Major Hughes, with the General's fieldglass, was placed as the lookout on the forward car. The battery being masked by bushes, was not discovered until the moment it opened fire. The train was almost instantly stopped. The General first ordered me to have the train drawn out of range. I immediately went to the platform next the engine, which was in the rear, followed by the General himself, who repeated his order after me. The engineer, who was much excited and in evident fear, stammered out that the brakes were down, and he could not move. I at once unloosed the brakes on the platform where we stood, ran back and unwound that of the car next behind, and gave orders to have all the rest done. I then went back and informed the engineer of the fact. Meanwhile, some one uncoupled the first car with the engine and tender, from the rest of the train. The General then gave ets. The case of surgical instruments which the officers and men of the brigade attach no This statement is not made to shield any one, or to throw blame where it does not belong; but being present, and possessed of facts which probably but few have knowledge of, I write the above to render justice where justice is due. WM. H. RAYNOR, First Lieutenant, Co. G, Second Regiment O. V. M Doc. 61. GOV. PETTUS' PROCLAMATION. EXECUTIVE OFFICE, JACKSON, MISS., WHEREAS, it is probable that Mississippi will be called upon to put forth her full military strength; and whereas, arms manufactured specially for war cannot be secured in sufficient numbers to arm all who are willing and anxious to take part in the present conflict, I have deemed it proper and necessary to the defence of the State, to call the attention of the people to the fact that they have in their possession arms which can be made efficient for war purposes, sufficient to arm twenty-five thousand men; and to invoke the aid of all State and county officers in collecting these arms and placing them in reach of the State authorities. Let the Boards of Police of each county forthwith assemble and send an agent into every police beat, and urge the citizens to send to the county seat all surplus firearms, shot-guns, or rifles, of every description, new or old, in order or out of order, and when collected, let them be valued by just and discreet men appointed by the Board of Police, and the State will become responsible for their value to people sending them. Let them be sent to Jackson where they can be repaired. Small rifles can be bored to the proper calibre, old guns re paired, and broken ones mended. I further enjoin it on all officers of the State, and earnestly invoke the aid of all patriotic citizens, to use every effort to collect the scattered arms belonging to the State, and send them forward to Jackson. Let every company which is not in a position to receive arms from the State, arm themselves with double-barrelled shot-guns, (for they can be made as efficient as muskets or rifles,) and hold themselves in readiness to move at an hour's notice. If seconded in these measures, as I hope and believe I shall be, by the gallant men of Mississippi, we will then be able to send our insulted, invaded, and outraged friends of the Border States all the aid they may need, and have arms enough left to make Mississippi a land of fire to an invading foe. JOHN J. PETTUS. -Jackson Mississippian, June 25. Doc. 62. July 1. the marshal; and if any so admitted violate Maj. Gen. Commanding Dept. Annapolis. Doc. 62. VIEWS OF A SOUTHERNER. We are permitted by a friend in Charleston to publish the following extracts from a private letter lately received from a distinguished statesman and able citizen, now in retirement: I thought also that if only Georgia would secede with South Carolina, the North would see at once the folly of any attempt at coercion, and acknowledge our independence. But, lo! after seven States had seceded and formed a new and glorious Constitution, they make war upon us; and after four other States had joined us, and there was scarcely a doubt that three more would soon, they continued war on the largest and most formidable scale. Interests! These people are mad. The reason of it, aside from what I have said, is palpable to any reflecting man who has travelled over Europe. GEN. BANKS' PROCLAMATION. HEAD-QUARTERS, DEPARTMENT OF ANNAPOLIS, In pursuance of orders issued from the headquarters of the army at Washington for the preservation of the public peace in this department, I have arrested, and now detain in the custody of the United States, the late members of the Board of Police, Messrs. Charles How-groes. ard, Wm. Getchell, John Hincks, and John W. Davis. The incidents of the past week have afforded justification of this order. The headquarters under the charge of the board, when abandoned by their officers, resembled in some respects a concealed arsenal. After a public recognition and protest against the suspension of their functions, they continued their sessions daily. Upon a forced and unwarrantable interpretation of my proclamation of the 28th ult., they declared that the police law was suspended, and that the police officers and men were put off duty for the present, intending to leave the city without any police protection what ever. They refused to recognize the officers and men necessarily selected by the Provost Marshal for its protection, and hold subject to their orders now and hereafter the old police force, a large body of armed men for some purpose not known to the Government, and inconsistent with its peace and security. To anticipate any intentions or orders on their part, I have placed temporarily a portion of the force under my command within the city. I disclaim on the part of the Government I represent, all desire, intention and purpose, to interfere in any manner with the ordinary municipal affairs of the city of Baltimore. Whenever a loyal citizen can be named who will execute its police laws with impartiality and in good faith to the United States, the military force will be withdrawn from the principal portions of said city. No soldiers will be permitted in the city, except under regulations to If you have not done so, you may hesitate to believe me when I say that the masses of even Western Europe are less civilized than our neWith greater capacity for it, they have been forever so ground down that they have no more knowledge, and far less sentiment and polish than even our rice negroes. Some five millions of them have been precipitated upon the North in these last twenty years, and have been made, by Sewards, Greeleys, Beechers, &c., &c., to suck in the hydrogen gas of madness under the name of liberty. Thus their votes have been secured for their infamous Republican party. But Seward and Greeley split. Seward wished to keep them in order, Greeley (insane himself) turned them loose on Seward, made them put Soulouque Lincoln on the throne, and compelled Seward to act as his Prince of Marmalade. Now, what next? "The wind bloweth where it listeth." But there is a God over all. And, certainly, He has thus far been with us. The wealth of the North, great nominally, is on the surface of the earth. Cities, machineshops, railroads, ships, stocks, &c., &c. It has no vitality-no power of production, but what labor gives it. But there, as everywhere, all seek to avoid "the sweat of the brow," and prefer to labor with the brain rather than with the muscles. Hence their cultivated ingenuity. Hence the credit system, the banks and bills of exchange, which came in first with the nonworking Israelites, and after, withal, when slavery began to decay in the old world. But this credit system is a bubble which floats on till it is punctured, and there's an end. The wealth of the South consists in the solid earth from its surface to its centre; in real compulsory labor, and in ample brain to man |