The New York herald., 1860-12-10
OPINION OF THE ATTORNEY GENERAL or
THE UNITED STATES ON SECESSION.
ArrpNfY cE~xI =
ATTORNEY GENERALS : OfrICE,
-. s.A tNaA

y
sIRI have had the honor to receive your note OF the
l.th and reply 70 the grave questions therein pro-
pounded as fully as the time allowed me viii permit.
within their respective spheres OF action the federal
government and the government OF state both Of
them lndepebdcnt and supreme but each = utterly power
less beyond the limits gncd to 10 by the constitution
IN Congress would attempt W change tho law Of descents
10 make new rule Of personal succession, or 10 dissolve
the family relations existing in any state the act would
he simply void but not Void than would be state
law prevent the rccaptnre ot fugves from labor TO
forbid the carryng o. the mails or % stop the collection
Of duties on imports. The viii 81 a state, whether
pressed In It's constitution laws, cannot, while
mains In the confeeracy, absoye her people from the
duty c obeyng the Just and constitutional requirements
of the central government Nor any act Of the
tral government d-pace The jurisdiction Of state be
the laws o the United states are supreme aud bind
ing only far they passed Ia pursuance OF The con
sttniicn. do not say what might he Effected by mere
revolutionary force am speaking oi legal and constit
Thia l. the view always taken by The Judiciary and
universally adopted that the statement cf " may
common place The supreme Court of the United
Won to the United states Booth where the present
Chief Justice expressing the unanimous opinion Of him
self and AL hs brcthrcn cnuncled the doctrine " terms
80 cear aud fun that any further demonstration of u can
scarcely he required.
The duty which these principles dcvolvc not ouy upon
every ofccr but every citizen Is that which Mr. Jcer
son expressed compendonsly IN his fret inaugural
namely support the state governments IN oil their
rights rs the most competent ADMINISTRATIONS their
domestic concerns and the bniwarks against anti
republican tendencies combined with the preserva
ton of the general government in i,s whole constitu
tonsi viEor the sheet anCh oi our peace ~ home
and safety abroad
To the Chief Executive Magistrate Of the Union " con
hded the solemn duty Of seeing the laws faithfully
cuted. That he may be able 70 meet this duty with
power equal TO Its performance, he nominatas his
subordnases and them AZ his pleasure. For the
the land and naval forcee under his
dcrs az their commander chief But bs power 70
be used only Ia the prescribed hy the legislative
department. He cannot accomplish legal purpose by
Illegal MEANS break the laws himself b. prevent them
from being violated by others.
The acts Of Congress sometimes give The President
broad discretion IN the of the by which they
10 be executed, and sometimes limit his power
that he exercise only IN q certain prescribed man
Where the law directs thing TO be done, without
saying how, that implies the power 70 use such means
may be necessary and proper 70 accomplish
the end of the Legislature. But where the mode
of performing 4 duty u pointed out by sta
tutc, that s the exclusive mode, and Other
can bc followed The United states have law
fall back upon whep the writ,ca law & detective ",