Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1860-12-19
ATTORNEY GENERAL BLACK
IN THE POWER OE THE PRESIDENT
IN CASE OF SECESSION.

We find in tho Consultation Of Saturday
the opinion Of Attorney General Black,
submitted by him to the President, on
the powers ortho Executive to enforce
the laws in any State which may sccode
from the Union, He says:
"Within their respective spheres Of oc-
ton, tho Federal Government and the
Government Of a State, are both of them
independent and supreme bat each IS ut
terly powercss beyond the limits assign
ed to it by the Constitution. If Congress
would attempt to change the law of de-
scents, to make a new rule Of personal
succession, or to dissolve the family rela-
tions existing in any State, the act would
be simply void but not more void than
would be State law to prevent the re-
capture Of fugitives from labor, to forbid
the carrying of the mails, or to stop the
collection Of duties on imports. The will
of State, whether expressed in IFS Con-
stituton or laws, cannct, while it remains
in the Confcderacy, absolyc her people
from the duty of obeying tho just and
constitutional requirements of the Cen
tral Government. Nor can any act Of the
Central Government displace the iurisdic-
ton of State, because the laws Of the
United States are Supreme and binding
only so far as they are passed in pursu-
ance of the Constitution. | DO not say
what might be effected by nero revolu
tionary force. am speaking Of legal and
constitutional right.
"This is the view always taken by the
Judiciary The Supyome Court Of the
United States has declared it in many ca.
aes. l need only refer you to the United
States VS. Booth, where the present Chief
Justice, expressing the unanimous opin-
ion of himself and all Lis brethren, enun>
ciated the doctrine in terms so clear and
full that any further demonstration Of IL
cfn scarcely be required.
The dyty which these principles devoylye
not only upon every officer, bat every cit
izen, is that Thich Mr.. Jefferson express.
ed 20 compendiously in his first inaugural
namely "to support the State govern
ments in all their rights, as the most com
petent administrations for their domestic
concerns, and The surest bulN0rks against
anti.rcpubiic9n tendencies" combined
with the preservation Of the General Cow
ernment, in its whole constitutional viaor
as the sheet anchor Of our peace at home
and safety abroad"
lie reviews, briefly, the power conferred
on the Executive, for the execution Of the
laws more particularly with reference to
the collection OF revenue, and holds that
the President may, if necessary, order the
duties to be collected on board a vessel in
side of any established pert Of entry
and further, that his right to take such
measures as may be necessary for the pro
lection of the public property, is very
Gear lie proceeds
81 come now to the point in your let
ter which is probably of the greatest prac-
tical Importance, BY the act Of 1907 you
may employ such parts Of the land and
naval forces as you shall judge necessary
for the purpose Of causing the law to be
duly executed, in all cases whore it is law
full to use the militia for The same pur,
pose. BY the act Of l79j the militia may
be led forth whenever the laws of the
United States shall be opposed or the cX''
ccution thereof obstructed in any State by
combinations too powerful to beSuppresed
by the the ordinary course ofjudicial pro
ceedings, or by :he power vested in the
marshals.' This imposes upon the Presi-
don't the sole responsibility of deciding
whether the exigency has arisen which
requires the use OF military force; and in
proportion to the magnitude OF that res
possibility will be his care not to over
step the limits of his legal and just aus
thority,
"Tho laws referred to in the act OF 1875
are manifcstly those which arc adminis>
terod by the judges and executed by the
ministerial officers of the Courts for the
punishment of crime against the United
States-tor the protection ofrights claim
ed under the Federal Constitution and |
laws, and for the enforcement of such OBJ
legations as camo within the cognizance
Of the Federal Judiciary. Tocampel obe-
dience to these laws the Courts have au-
thority to punish all who obstruct their
regular administration, and he marshals
and their deputies have the same powers
as 'heriiis and their deputies in the sevo-
raj States in executing the laws OF the
State.
"But what if the feeling in every State
against the United States should become
so universal that the federal officers them.