require the qualified suspension of the privilege of the writ which was
authorized to be made. Now it is insisted that Congress, and not the
Executive, is vested with this power; but the Constitution itself is
silent as to which or who is to exercise the power; and as the provision
was plainly made for a dangerous emergency, it can not be believed the
framers of the instrument intended that in every case the danger should
run its course until Congress could be called together, the very
assembling of which might be prevented, as was intended in this case,
by the rebellion.

No more extended argument is now offered, as an opinion at some length
will probably be presented by the Attorney-General. Whether there shall
be any legislation upon the subject, and, if any, what, is submitted
entirely to the better judgment of Congress.

The forbearance of this Government had been so extraordinary and so long
continued as to lead some foreign nations to shape their action as if
they supposed the early destruction of our National Union was probable.
While this on discovery gave the Executive some concern, he is now happy
to say that the sovereignty and rights of the United States are now
everywhere practically respected by foreign powers, and a general
sympathy with the country is manifested throughout the world.

The reports of the Secretaries of the Treasury, War, and the Navy will
give the information in detail deemed necessary and convenient for your
deliberation and action, while the Executive and all the Departments
will stand ready to supply omissions or to communicate new facts
considered important for you to know.

It is now recommended that you give the legal means for making this