Named Entity Results
Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 2. (ed. Frank Moore)

n, all the incidents to war and hostilities necessarily and lawfully follow. How far it is necessary to destroy the persons of enemies or rebels, or to ravage and lay waste their country, must depend upon the necessities of the case, to be judged of by the political and not the judicial power of the Government. The Government is to decide when that which amounts to a rebellion exists, and to interfere to suppress it with all the incidents to such interference. The Supreme Court of the United States expressly says, in the case of Luther against Borden, 7 Howard 45, Unquestionably a State may use its military power to put down an armed insurrection too strong to be controlled by the civil authority. The power is essential to the existence of every government, and essential to the preservation of order and free institutions. Mr. Carlile (Va.) moved to strike out the eighth section, which provides that the military commander cause suspected persons to be brought before him and admi

al to take the oath he may detain him as a prisoner. He said, giving great power to the military commander might do great injury. Men were disposed to aid this effort to overthrow the Government and pay no attention to the oath. He was free to say, if he should be so unfortunate as to be taken prisoner by the enemies of his country, and could only preserve his life by taking the oath, and if he believed it his duty to his country and family to preserve his life, then he should not regard the oath as a binding obligation, morally or legally. He contended that the President is justified in what he has done in suspending the writ of habeas corpus. It was rebellion to overthrow republican institutions to preserve any peculiar institution. In regard to arrests, he said there were to-day many of the best citizens of Western Virginia imprisoned in jails and held by secessionists. It was important that the Government should do something to remedy this great evil.--N. Y. World, July 31.

ly follow. How far it is necessary to destroy the persons of enemies or rebels, or to ravage and lay waste their country, must depend upon the necessities of the case, to be judged of by the political and not the judicial power of the Government. The Government is to decide when that which amounts to a rebellion exists, and to interfere to suppress it with all the incidents to such interference. The Supreme Court of the United States expressly says, in the case of Luther against Borden, 7 Howard 45, Unquestionably a State may use its military power to put down an armed insurrection too strong to be controlled by the civil authority. The power is essential to the existence of every government, and essential to the preservation of order and free institutions. Mr. Carlile (Va.) moved to strike out the eighth section, which provides that the military commander cause suspected persons to be brought before him and administer the oath of allegiance, and on his refusal to take the oath

and lawfully follow. How far it is necessary to destroy the persons of enemies or rebels, or to ravage and lay waste their country, must depend upon the necessities of the case, to be judged of by the political and not the judicial power of the Government. The Government is to decide when that which amounts to a rebellion exists, and to interfere to suppress it with all the incidents to such interference. The Supreme Court of the United States expressly says, in the case of Luther against Borden, 7 Howard 45, Unquestionably a State may use its military power to put down an armed insurrection too strong to be controlled by the civil authority. The power is essential to the existence of every government, and essential to the preservation of order and free institutions. Mr. Carlile (Va.) moved to strike out the eighth section, which provides that the military commander cause suspected persons to be brought before him and administer the oath of allegiance, and on his refusal to take

Doc. 131.-remarks of Messrs. Trumbull and Carlile on the bill to suppress insurrection, in the United States Senate, July 30. Mr. Trumbull said: The object of this bill is to confer certain powers on the military authorities in cases of insurrection and rebellion, and to regulate, as far as practicable, by law, the exercise of such powers; to provide for putting down this rebellion in a constitutional and legal manner. The rebellion having arisen during the recess of Congress, imposed on the President, who is sworn to preserve, protect, and defend the Constitution, and whose duty it is to see that the laws are faithfully executed, the necessity of exerting his whole constitutional power to preserve the Constitution from overthrow and the Government from destruction. It may be that in the exercise of this high duty the President has assumed authority and done acts which no positive law directly authorized, but whatever he has done which was necessary to preserve the Constitutio

Doc. 131.-remarks of Messrs. Trumbull and Carlile on the bill to suppress insurrection, in the United States Senate, July 30. Mr. Trumbull said: The object of this bill is to confer certain powers on the military authorities in cases of insurrection and rebellion, and to regulate, as far as practicable, by law, the exercise of such powers; to provide for putting down this rebellion in a constitutional and legal manner. The rebellion having arisen during the recess of Congress, imposed onmay use its military power to put down an armed insurrection too strong to be controlled by the civil authority. The power is essential to the existence of every government, and essential to the preservation of order and free institutions. Mr. Carlile (Va.) moved to strike out the eighth section, which provides that the military commander cause suspected persons to be brought before him and administer the oath of allegiance, and on his refusal to take the oath he may detain him as a prisone

Doc. 131.-remarks of Messrs. Trumbull and Carlile on the bill to suppress insurrection, in the United States Senate, July 30. Mr. Trumbull said: The object of this bill is to confer certain powers on the military authorities in cases of insurrection and rebellion, and to regulate, as far as practicable, by law, the exercise of such powers; to provide for putting down this rebellion in a constitutional and legal manner. The rebellion having arisen during the recess of Congress, imposed on Mr. Trumbull said: The object of this bill is to confer certain powers on the military authorities in cases of insurrection and rebellion, and to regulate, as far as practicable, by law, the exercise of such powers; to provide for putting down this rebellion in a constitutional and legal manner. The rebellion having arisen during the recess of Congress, imposed on the President, who is sworn to preserve, protect, and defend the Constitution, and whose duty it is to see that the laws are faithfully executed, the necessity of exerting his whole constitutional power to preserve the Constitution from overthrow and the Government from destruction. It may be that in the exercise of this high duty the President has assumed authority and done acts which no positive law directly authorized, but whatever he has done which was necessary to preserve the Constitution

l to take the oath he may detain him as a prisoner. He said, giving great power to the military commander might do great injury. Men were disposed to aid this effort to overthrow the Government and pay no attention to the oath. He was free to say, if he should be so unfortunate as to be taken prisoner by the enemies of his country, and could only preserve his life by taking the oath, and if he believed it his duty to his country and family to preserve his life, then he should not regard the oath as a binding obligation, morally or legally. He contended that the President is justified in what he has done in suspending the writ of habeas corpus. It was rebellion to overthrow republican institutions to preserve any peculiar institution. In regard to arrests, he said there were to-day many of the best citizens of Western Virginia imprisoned in jails and held by secessionists. It was important that the Government should do something to remedy this great evil.--N. Y. World, July 31.

Doc. 131.-remarks of Messrs. Trumbull and Carlile on the bill to suppress insurrection, in the United States Senate, July 30. Mr. Trumbull said: The object of this bill is to confer certain powers on the military authorities in cases of insurrection and rebellion, and to regulate, as far as practicable, by law, the exercise of such powers; to provide for putting down this rebellion in a constitutional and legal manner. The rebellion having arisen during the recess of Congress, imposed on the President, who is sworn to preserve, protect, and defend the Constitution, and whose duty it is to see that the laws are faithfully executed, the necessity of exerting his whole constitutional power to preserve the Constitution from overthrow and the Government from destruction. It may be that in the exercise of this high duty the President has assumed authority and done acts which no positive law directly authorized, but whatever he has done which was necessary to preserve the Constitutio