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

we IlIlu III tlc NONSttuttON Vi odtuludy
the opinion of Attorney General Black,
submitted 10y him to the President, on
the powers of the Executive to enforce
The laws in any State which may secede
from the Union. lie says:
"Within their respective spheres of ac-
ton, the Federal Government and the
Government of State, are both of them
independent and supiemo but each Is ut
tcrly powerless beyond the limits assign
ed to it by the Constitution. If Congress
would attempt 10 change the law of de-
scents, to make a new rule OF personal
succession, or to dissolve the family rel,..
tions existing in any State, the act would
be simply void; but not more void than
would be a State law TO prevent tho 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 a State, whether expressed in its Con-
stitution or laws, cannot, while it remains
in the Confederscy, absolyc her people
from the duty Of obeying the just and
constitutional requirements of the Cen
trail Government. Nor can any act of the
Central Government displace the jurisdic-
ton of State, because tho laws Of the
United States are Supreme and binding
only so far as they are passed in pursu-
ance of the Constitution. ! do not sny
what might be effected by mere reyolu
tionary force. lam speaking of legal and
constitutional right.
"'This is tho view always taken by the
judiciary. The Supreme Court of the
United States has declared it in many ca
5es. ! need only refer you to the United
States VS. Boeth where the present Chief
Justice. expressing the unanimous opin-
ion ofhimself and all Lis brethren, enun>
ciated the doctrine in terms so clear and
full that any further demonstration Of IL
cen scarcely be required.
The duty which these principles devoylye
not only upon every officer, bat every cit
izcn, is that 7hich Mr.. Jefferson express
ed so 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 oulwarks against
anti.repubiioan tendencies" combined
with the preservation Of the General Gov>
ernment, in its whole constitutional vi8or,
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 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 1867 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 where it is law
ful to use the militia for the Same pur'
pose. BY the act ofl79j the militia may
be ca led forth whenever the laws OF the
United States shall be opposed or the eX''
ecution thereof obstructed in any State by
combinations too powerful to be suppressed
by the the ordinary course oiJudioial 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 o! 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,
: "The laws referred 10 in the act ol 1875
are manifestly those which are admins
tered by the judges and executed 10y the
ministerial officers Of the Courts for the
punishment of crime against The United
States-lor the protection ofrights claim.
ed under the Federal Constitution and
laws, and for the enforcement of such OBJ
legations as came within the cognizanoe
of the Federal Judiciary. Tooanpel obe-
dience to these laws the Courts have au-
thority to punish all who obsiruct their
regular administration, and he marshals
and their deputies have the same powers
as sheriiIs and their deputies in the seve-
raj States in executing the laws OF tho
/ State.
/ "But what If The feeling in every State
! .ains, the Unite,lStatos should become