The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-16
The Attorney Generals Opinion About
Coercion Of "A Seeding state.

Inc OPINION oi htr ueherai biack III
reply to the grave qd5(G ions propounded to
him by the President appeared in Monday
HErAIp, and doubtless has been perused by
| most OF our readers. 1t is an argument of ire
sist bic force, and it appears that it was this
exposition of constitutional law that the Pres-
dent founded that portion Of his Message in
which be discusses the question of secession. and
the alleged right Of the federal government to
prevent or remedy it by force of arms. The
Attorney General officially declares that ne-
Their to the President nor to Congress does the
constitution grant, either expressly or by i'm
plicaion, the right to make war against one or
more of the States. The federal government
war making power under the constitution is IL
mited to repelling foreign invasion, and it can
call forth and use the militia Of the invaded
State for that purpose. 1t cannot enter State
for the purpose Of carrying on hostilltes agans,
it. 1t is true that it is authorized to suppress
insurrection against State, but that is only
when it is invited to do so by the Legislature
Of the State, or by its Governor when the Lee
gislature is not in session.
The case Of the Whiskey instruction in the
western counties Of Pennsylvania in 1874. has
| been referred to by republican journals a.
| analogous to the case Of South Carolina. But
the two cases are entirely different 1t was
with the concurrence and active assistance Of
| the Governor and Legislature Of Pennsylvania
| and part of the militia of the State, tina, the
federal government put down the rioters who
L IL. 1f
wage war against whole sovereign State is
| very different affair. In the second war with
| England, when the brave militia of Kentucky
/ and Tennessee marched fifteen hun tired miles
to New Orleans, where they won victory
without parallel in the history of war, tho
States of Massachusetts, Connecticut and Rhode
Island declined to furnish the quota of militia de-
| manded by President Madison, and the Supreme
| Court Of Massachusetts sustained them on the
ground that the Governors of States, and not the
President. were 10 judge of the exgency for call
ing them out. And ya the leaders of the republi
can party, which is predominant in the New
England States, now talk of sending to invade
sister States the militia which was refused when
it was needed for the constitutional and pa
trio,ic purpose Of repelling British invasion.
One Of the objects of the Union, a. declared
in the preamble to the constitution. is TO ..in-
sure domestic tranquility" To employ the
forces Of some Of the States to invade other
States would be strange mode Of accomplish
ing that object. In the words of the Attorney
General, such an act would absolve all the
States from their federal obligations" for to
hold equal States as subiugated provinces
would totally destroy the whole theory upon
which they are now connected" and 1.-The
Union must utterly perish at the moment when
Congress shall arm one part Of the people
against another" Suppose the invaders sue.
ceeded could they by coercion compel State
to send Senators or Representatives to Congress
or to JON in the election of President. The
attempt to force revolving States back into the
Union would be like bringing horse TO he
water which we could not compel him to drink.
live with him and love him. after she had left
him for bad treatment. II is only BY concilia-
ton therefore, that there can be any hope of
restoring seeding State.
The Attorney General gives his opinion
about the collection o. the revenue and the
protection Of the federal property, but he doe.
no, say anything about the Post Office How
is ,ha, difficulty to be metz How are the
United States mails to be go. over the line of
a seeding and hostile Stateg
From the Presidents Message, and from the
opinion Of his legal adviser, il Is evident Mr..
buchanan will not employ force against the
state Of South Carolina, or any other seeding
such force as Is necessary to collect the rcve-
nue at Charleston a. long IA any civil federal
authority exists there 10 control 1t; but II the
civil Offices cannot be filed, and there l. no
federal Judge, District Attorney or Marshal.
then troops would certainly be on, Of place.
and their use wholly Illegal" In any case
they would act only on the defensive, in pro-
tccting the federal property or the proper
officers in the collection Of the revenue. This
MIR. Buchanan proposes to do as far "a the
means at his disposal are adequate, "un,il
new order Of things shall be established,
either by law or force" In other words, till
Congress relieves him by law in acknowledg.
ing the independence Of South Carolina. or TN
TINT State brings sufficient force to ovcrwhelm
the small federal force, and take possession 0
the forts and harbor. But according to the
latest intelligence from Charleston, South
Carolina does not intend to resist the collection
Of the revenue during Mr.. Buchanans admins
tration, and till she Is in position from con
cert with the other seeding States to maintain
her independence by force
The Southern States will therefore secedc,
and remain in secession during the administers
ton Of Mr.. Buchanan, without any resistance
on his part. But from all that We can learn
etom the organs and leaders Of The republican