Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-12-14
.rr,v CEN. BLACKS OPINION.

;,, of L. s. Attorney General
- .be secession subject is Just pub
- II bears date of Nov. 20,-from
uh;cb il is plain that Presiden: Buchanan
had it before him while preparing
his message: yet there IS nothing in
Tito justify the imbecle position taken
by the President. The essential points of
this opinion are that no State can absolve Its
people from their obligation to the laws OF
the United States constitutionally enacted =
that it is the duty of the President to see
that the laws of the L. S. are enforced, and
where the ordinary civil officials are not suf
iicient for that purpose, they must be sup
ported by the land and naval forces under
his command. a large discretion is left
with him as to the method of procedure in
most cases ii a particular mode is pre-
scribed by the L. S. law. he must follow it.
In regard to the collection Of L S duties,
there is no law which confines him to q par
ticular spot-it may be any where within
aport established by aw-and on ship-board
if there is any necessity. The protection Of
the Government property is clearly within
the scope of the Presidents power. The use
of the military for all such purposes, must
be kept in subordination to the civil power
Ifcivl officers resign, others must be ap-
pointed in their places. If the laws are not
sufficient forthe exigencies Of the case. Con
greEs may make such as vii be
If any State should declare her Indepen-
dence Of the [. ! Government, the President
has no power to recognize such action-he has
no alternative left but to execute the laws,
Gull new order Of things shall be establish
ed by law OF force There is nothing in the
Constitution to indicate that Congress may
make war upon a State but 1.-THE right Of
the General Government to preserve itself in
It's whole constitutional vigor by repelling
direct and positive aggression upon its
property and officers, cannot be denied. This
is totally different thing from an offensive
war to punish the people for the political
deeds Of their State Government, or to force
an acknowledgement that the Government
Of the United States is supreme.
Mr. Black keeps the distinction clear be-
tween requiring a State, as an organic gov
eminent within certain limits, to do this or
that, or to omit doing this or that, and the
requiring ali the peopls-as well Of one State
as Of another-to be obedient to the laws Of
the United States, So far as they are consti-
tutionally created. Had President Buchan
an said South Carolina may declares seces-
sion if she secs f.. Declaring her people
free to disobcy the laws Of the United States,
will not make them free to DO SOFAS they viii
assuredly find, to their cost-whoever Of them
shall make the attempt; Those who inter
fere with the collection Of the I. 5. duties.
the [. ). mails. the administration Of L. 5.
laws through the |. 5. Courts and proper
officials, y undertake 10 control the I. S.
forts and arseusls. VIII soon find themselves
in conaic; with the military and naval forces
Of the Nation, acting under my orders as
CommaDdcr-in-cLief,"- had he said tliswith
frmness, and shown himself alert to d. ready
for any such emergency. the storm Of s5ces-
sion would SON die away, as did the nulliG-
cation storm Of 1898, when Gen. jackson 1
was in the Executive chair