Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-12-23

CCUC ".
great and unusual combinations against them. Their
agency continue to be used until their lneapa
city 20 cope with the powers opposed to them shall
be plainly demonstrated. It only upon clear evil
dence to that effect that military force can be
called into the field Even then its operations must
be purely defensive. Il can suppress only such com.
bnatiOns as are found directly opposing the laws
and obstructing the execution thereof Il can do no
more than what might and ought to be done By a
civil posse, if civil posse could be raised large
enough TO meet the same opposition. On such Oc-
casloDs especially, military power must he Kept
strict subordination to the civil authority since 1t
is only in aid Of the latter that the former can act at
all.
But what if the feeling in any State against the
United States should become universal that the
federal officers themselves (including judges, dis
trict attorneys and marshals) would be reached by
the same Influences and resign their places Of
course the first step would be to appoint others i'm
their stead if others could be got 70 But in
such an event. it is more than probable that great
difficulty would be found in filling the Offices. We
can easily conceive how it might become altogether
impossible. We are therefore Obliged to consider
what be done in case we have courts TO Issue
Judicial process, and ministerial officers to exc
cute it. In that event. troops would certainly be
out of place, and their use wholly Illegal. If they
are sent to aid the courts and marshsls, there
must be courts and marshals to be aided.
Without the exercise of those functions which
belong exclusively 20 the civil service, the laws
what may be the physical strength which the Gov
ernment has atits command. Under such eircumstan-
ces to send military force into State with orders
to &C against the people, would be simply making
war upon them.
The existing laws put and keep the Federal laws
strictly on the defensive. You force only to
repel assault the public property, and aid the
Courts in the performance of their duty. If
the means given you to collect the revenue and exc
cute other laws be insufficient for that purpose,
Congress may extend and make them more effectual
10 that end.
If one Of the States should declare her indepen-
dence, your action cannot depend upon the rightfu
ness Of the cause upon which such declaration is
based. Whether the retirment of a State from the
Union be the exercise of a right reserved in the
Constitution q revolutionary movement, II is GER
tain that you have not in either case the authority
to recognize her Independence or to dbSOt0e her from her
Federal obligations. Congress- or the other States in
convention assembled, must take such measures as
may be necessary and proper. In such an event,
see course for you but to go straight onward in
the path you have hitherto trodden-thAtis execute
the laws to the extent of the defensive placed
in your hands, and act generally upon the as
sumption that the present constitutional relations be-
tween the States and the Federal Government con-
tnue to exist until new order of things shall be
established. either by law or force.
Whether Congress has the Constitutional right TO
make war against one or more States; and require
the Executive of the Federal Government to carry
it on by means of force to be drawn from the other
States, is question for Congress itself to consider
1t must be admitted that no such power is expressly
given, nor there any words in the constitution
which imply 1t. Among the powers enumerated in
article /, section 8, is that Ito declare war grant
letters of marque and reprisal and to make rules
concerning captures on land and water" This GER
tainly means nothing more than the power to COM
mence and carry on hOstities against the foreign
enemies of the nation. Another clause in the same
section gives Congress the power Sc TO provide tor
calling forth the militia and TO use them within
the limits of the State But this power is restrict
ed by the words which Immediately follow that it
can be exercised only for of the following pur-
poses:
/. To execute the laws of the Union that is, to
aid the Federal officers in the performance of their
regular duties ,. To suppress nsurrection against
the State but this is confined by article 4 section
TO in which the State herself shall apply for
assistance against her own people. J. To repcl the
invasion of a State by enemies who come from
abroad to assail her in her own Territory. Al these
provisions made 10 protect the States, not TO
thorize an attack by one part of the country upon
another to preserve their peace and not to plunge
them into civil war. Our fOreiathers do not seem
to have thought that war was calculated Ito form
more perfect Union, establish justice, insure do
nestle tranquility provide for the common defence,
promote the general welfare; and secure the bless
ings Of liberty TO ourselves and our poSterity.'
There undoubtedly strong and universal
conviction among the men who framed and ratiti-
ed the constitution that military force would not
only be useless but pernicious a means Of hold
ing the States together.
If il be true that war cannot be declared.
system Of general ostties carried on by the cen
trail Government against a State, then il seems to
follow. that attempt to do would be jpSO facto
an expulsion of such State from the Union. Being
treated alien and an enemy, she would be com
PEELED to act accordingly. And if Congress shall
break up the present Union by unconstitutonally
putting strife and enmitY and armed hostility between
different sections of the country, instead OF the
domestic tranquility which the Constitution
meant TO insure, will not ali the States be absolved
from their federal obligations Is any portion of
the people bound 10 contribute their money their
blood to carry contest ike that
The right Of the General Government to preserve
itself in its whole constitutional vigOr by repelling
direct and positive aggression upon its property or
its officers cannot be denied But this is a totally
different thing from an offensive war punish the
people for the political mlsdeeds of their State Gov
eminent, to prevent threatened violation of the
Constitution, or 20 enforce acknowledgment that
the Government Of the United States is supreme.
The States are colleagues of one another. and if
some Of them should conquer the rest and hold them
subjugated provinces it would totally destroy the
whole theory upon which they are now connected.
If this view of the subject be correct as think
it is then the Union must utterly perish at the mo
ment when Congress shall arm one partOf the people
against another for any purpose beyond that of mere
" protecting the General Government in the eXer-
else of It's proper Constitutional functions.
J. 5. BLACK.
To the President Of the United States