St. Charles City Republican intelligencer. [volume] (St. Charles City [Charles City], Iowa) 1857-1861, 1860-12-27
Attorney Generals Opinion.

hll0IHtN UtlicIdl UpllllUH.
The Attorney General Of the Uni
ted States has furnished the President
with his official opinion upon the ques-
tions of law involved in the present
state of affairs in the South, and the
course of action to be pursued by the
President in the event of collision
on the part of the Central Govern
mcnt with the authorities Of South
Carolina or any other State. The
opinion is elaborate The Attorney
General does not think that the will
of State can absolvc its people from
allegiance to the just and constitu-
tional requirements Of Central Gov
ernment, nor can any act of the Cen
trail Government displace the juris-
diction Of State. Its laws arc SUI
prcmc and binding only so far as they
are passed in pursuance Of the Con
stitution. The duty Of the President
is only to execute the law to the let
ter as it is written. We have no com
mon law to fall back upon when the
written law is defective. In the col,
| lection of customs or revenues, he
has particular method pointed out
for him to adopt, and if the machine
ry furnished by Congress for the col
lection of duties should become So de
ranged or broken up that it could not
be used, there would be no legal rca-
son for substituting a different kind Of
machinery in its place. The Govern
ment is the owner of the public lands
and national property, and the Attor-
ncy General thinks the President will
be justified in taking such measures
as he may deem to be necessary for
their protection. 1t had the right of
keeping exclusive possession and re-
pclling intrusion, and could rctake its
property from any power by force, as
was the case at llarpcr's Ferry, in
| 1859, when the United States forces
took the arsenal from John Brown.
/ By the act of 1907 the President is
empowered to employ such parts of
| the land and naval force as he shall
Judge necessary for the purpose Of
causing the laws to be duly executed.
| On the President alone dcvolves the
responsibility of deciding whether the
cxigcncy demands the use OF militia
ry force, and III the exercise OF this
power he should be careful not to
ovcrstcp his authority. \ military
force can only be called into the field
when other means are found TO be
useless. Even then its operations
must be purely defensive, and can only
be used to rcpel an assault on tht
public property, and aid the courts il
the performance of their duty. In The
, event of the retirement of Stat,
, from the Union, the action of the Pres
ident must not depend upon the right
p fulness of the cause upon which sucI
:. declaration is based. He cannot rec
4 ognizc her independence or absolv
her from her Federal obligations. Tha
is a matter for Congress or Conver
, ton of the States. lie must see tina
= the laws are duly executed, actin
$ generally upon the assumption tina
n the present constitutional relation
- between the State and the Federi
:. Government still exist War, ther'
+ fore, is only necessary to execute til
# laws, suppress Instructions, againS
the States, and to repel the invasio
e of State by enemies. 1t was new,
,, union, establish justice, insure dome
If tic tranquility, provide for the COZ
! mon defence, promote the general We
:, fare and secure the blessings of libo
~ ty to ourselves and our posterity
~ Military force would be pernicious ;
N means of holding the States toget
=. er. The right Of the Government
a. protect its property does not warra
as it in furnishing the political misdee'
Of of a people. The States are c.
leagues, and to conquer or subiuga
one of them would be to destroy t
as theory of our Union. The Attorn'
d. General thinks that the Union mu
1t utterly perish at the moment VIII
rs Congress shall arm one part of I
1t people against another for any p,
he pose beyond that of merely prote'
at ing the General Government in t
an exercise of its proper constitution
he functions.
ire The authorities Of Owensburg, X
ch Female Institute have brought s.
his against young man named Bru