Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1860-12-19

"a
In compliance with the instructions of the
President, Attorney General Black has writ
ten letter to him, giving his views with re-
gard TO the right of State to secede. and es-
pecially as to the right and expedisacy of CO.
ercing or compelling State By force TO re-
main in the Union after she has resolved to
secede. 1t displays that close. logical and
convincing reasoning, fors.Mhieh all of Judge
Blacks legal productions Are SO remarkable,
and attracts universal attention. We find the
following abstract of its leading points in the
Pitsburg Post. 1t will doubtless be inter-
csting to cur readers.
The Attorney General of the United States
has furnished the President with his official
opinion upon the questions 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 Government with the au-
thorIties of South Carolina or any her State
The opinion Is elaborate. The Attorney Gen
eral docs not think that the will of a State
can absolve its people from allegiance to the
jasl and constitutional requirements of Cen
trail Government, nor can any act OF the Cen
tral Government displaee the jurisdiction of a
State. It's laws are supreme and binding only
so fa5 as they are passed in pursuance of the
Constitution. The duty Vt wtke President is
only to execute The law to the letter as it is
written. We have 10 common law to fall
back upon when the written Law is defective.
In the collection of customs aud revenues. he
has particular method pointed out for him
to adopt, and if the machinery furnished By
Congress for the collection of duties should
become so deranged or broken up that it could
not be used there would be no legal reason
for substituting 2 different kind of machinery
in its place. The Government is the owner
of the public lands and national property, aud
the Attorney General thinks the President
viii be justified in taking such measures as
he may deem necessary for their protection.
1t had the right of keeping exclusive posses
sion and repelliDg intrusion, and could take
its property from any power by force as was
the case at Harper's Ferry, in 1859, when
the United States forces took the arse lai from
John Brown. By the act of 1907 the Presi-
dent is empowered 10 employ such parts of
the land and Dsvai force Gs lie shall Judge
necessary for the purpose of causing the laws
TO be duly executed On the President alone
devolves the responsibility of deciding whether
the exigency demands the use of military
force, aad in ahe exercise of this power be
should be careful not to overstep the author
ity. i military fo:ce can only be called into
the field when other means are found to be
useless. Even then its operation must be
purely defensive, and can only be used to re-
pei an assault on the public property, and aid
the courts IN the performance of their duty.
IL the eveut of the retirement of State from
sla t.-1fa th1 ,aFr og3 ~,
not depend upon the rightfulness of the cause
upon which such declaration is based. He
cannot recognize her independence or absolve
her from her Federal obligations That is a
matter for Congress or a Convention of the
States. He must see that the laws are duly
executed, acting generally upon the assump-
ton that the present constitutional relations
between the State and the Federal Govern
ment still exist. War, therefore, is only ne
cessary to execute the laws, suppress insur-
rections, against the States, and to repel the
, invasion of State by enemies. 1t was never
| calculated Ito form more perfect union.
establish justice, insure domestic tranquility,
provide for the common defence, promote the
general welfare, and secure the blessings OF
liberty to ourselves and our posterity." Nil
itary force would be pernicious as means OF
holding the States together. The right of
the Government to protect its property does
not warrant it in Furnishing the political mis-
deeds of people. The States are colleagues
and to conquer or subjugate one of them
would be to destroy the theory of our Union
The Attorney General thinks that the Union
must utterly perish at the moment when Con-
gress shall arm one part of the people against
another for any purpose beyond that of merely
protecting the General Government in the
exercise of its proper constitutional unctions.
rea- Mr.. Buchanan has declared that he
viii collect the revenues at all hazards. j.
any of the seeding States attempt to prevent
the Federal authorities from so doing In
answer to an inquiry on the subject he re-
Gently answered. II will obey the laws, l
am no warrior. | am a man of peace-but l
will obey the laws
GS- The Kentucky Banks have resolved
to continue specie payment.
IE- A number of important cases were
H;onoeoJ oF 6 DIoo-