The national Republican., 1860-12-08
OPINION OF THE ATTORNEY GENERAL.

OflNlON Or Iub Al TUNNEL uENEhhL
The opinion of Attorney General Black, on
the assumed right Of secession, and the powers
and duties of the Federal Executive towards
State assuming to secede from the Union, sub
mitted to the President at his request, on the
goth Of November last appears in the Consfi-
tuition and Lntelliyencr Of this morning We
think the arguments are, in the main, sound
and udicious, but do not justify all the positions
assumed by the President in his message.
The Attorney General denies, by implication,
at least the constitutional right of State to
secede from the Union, and absolve her peo.
pie from the duty of obeying the just and con-
stitutional requirements Of the Central Govern.
ment."
He holds that the President has power to
enforce the collection of the revenue in the
ports of any State assuming to secede, and
that this power "may be exercised anywhere
at or within the port" there being "no law
which confines the collector TO the custom.
house, or to any other particular spot" That
"if the custom.bou were burnt down, he
might remove to another building; or if he
were driven from the shore, he might go on
board a vessel in the harbor."
He holds that the Presidents right to take
such measures as he may deem necessary for
the protection of the public property, such as
"the forts, arsenals, magazines, dock yards,
custom.houses, public ships, and other proper
ty which the United States have bought, built,
aud paid for" is Every clear" That the Pres
ident has the right of keeping exclusive pos
session" of such property, and "repelling in
trusion; and that this right /" includes also
the right of recapture after it has been unlaw-
fully taken by another
Under the express power granted to the
President by act of 1907, "to employ such parts
of the land and naval forces as he may Judge
necessary, for the purpose of causing the laws
to be duly executed, where it is lawful to use
the militia for the same purpose" he holds that
the President can only call these forces into
requisition in aid of the ministerial officers of
the Federal courts, in executing the mandates
Of said courts, in cases coming within their ju.
necessity, arising out of great and unusual
combinations against them" He suggests, that
the contingency may arise, in which the public
feeling in State may be such, that no citizens
can be found to accept the offices of judges,
district attorneys, or marshals, of the Fed
eral courts. In such case, as the President can
use the land and naval forces only to aid the
courts in the performance of their duty, he
holds that troops would be out of place, and
their use wholly illegal"
He says, in reference to the assumed right
of secession, "1f one of the States should de.
clare her independence, your action cannot de-
pend upon the rightfulness of the cause upon
which such declaration is based. Whether the
retirement Of State from the Union be the
exercise of q right reserved in the Constitution,
or q revolutionary movement, it is certain that
you (the President) have not in either case the
authority to recognise her independence, or to
absolve her from her Federal obligations"
In conclusion, the Attorney General argues
that Congress has constitutional power to de-.
clare war against one or more States, and re.
quire the Executive of the Federal Government
to carry it on by means of forces drawn from
the other States. Qualified as this assumption
is, by full admission of the power of the Fed
eral Government to put down, by force, all re-
sistance to the Federal laws, and to repel all
aggressions upon its property, we do not object
to it. 1t is nevertheless true, that actual war
between the Federal Government and rebel.
lious State would necessarily result from the
exercise of these admitted powers, in any State
which might undertake to resist the execution
of the Federal laws or take forcible possession
Of the Federal property.
If the President will faithfully use the pow.
ers which the Attorney General advises him
that he possesses under the Constitution and
laws, in order to maintain the authority Of the
Federal Government in the present crisis, the
country will demand nothing more at his hands,
IMPLACABLE MALICE.