Daily national Democrat., 1861-01-08
Opinion of Attorney General Black.

Inc Express approNhSly quotes Jhe lol-
owing opinion or portion of an opinion,
by Attorney General Black:
But what if the feeling in any State against
the United States should become so universal
that the Federal officers themselves (includ-
ing judges, district attorneys and marshals)
would be reached by the same influences and
resign their places2 OF course the first step
would be to appoint others in their stead, if
others could be got to serve. 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 1t might become
altogether impossible. We are therefore
Obliged to consider what can be done in case
we have no courts to issue judicial process,
and no ministerial officers TO execute 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 marshals, there
must be courts aad marshals to be aided
Without the exercise of those functions, which
belong exclusively to the civil service, the
laws can not be executed in any event, no
matter what may be the ply steal strength
which the Government has at its command
Under suck circumstances, to send a military
force into any State with orders to act against
the people would be simply making war up
on them.
The existing laws put and keep the Feder-
oil Government strictly on :he defensive. You
the President can use force only to repel an
assault on the public property. and aid the
courts in the performance of their duty. II
the means given you to collect the revenue
and execute the other laws be insufficient for
that purpose, Congress may extend and make
them more effectual to that end.
If one of the States should declare their in
dependence. your action cannot depend upon
the rightfulness of the cause upon which such
declaration is based Whether the retire
Tnent of State from the Union be the exer-
else of a right reserved in the Constitution,
or a revolutionary movement, it is certain
that you have not, in either case the au-
thority to recognize her independence, or to
absolve 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
l see no course for YOU but to 90 straight on
ward in the path you have hitherto trodden,
that is, execute the laws to the extent of the
defensive means placed in your hands and
act generally upon the assumption that the
present constitutional relations between the
States and the Federal Government continue
to exist, until a new order of things shall be
established, either by law or force.
Finally, the Attorney General decides a
gainst the right to declare war against any
one or more of the States:
If it be true that war cannot be declared,
nor system of general hostilities carried on
by the central Government against State,
then it seems to follow that an attempt to do
so would be ipSo fdcto an expulsion of such
State from the Union. Being treated as an
alien and an enemy, she would be compelled
to act accordingly. And if Congress shall
break up the present Union by unconstitu-
donally putting strife and enmity and armed
hostility between the different sections Of the
country, instead of the domestic tranquility"
which the Constitution was meant to insure
will not all the States be absolv ed from their
Federal obligations? Is any portion of the
people bound to contribute their money or
their blood to carry on a contest like that2
The right of the General Government to
preserve itself in its whole constitutional
vigor by repelling direct and positive ag-
gressien upon its property or its officers can
not be denied. But this is totally different
thing from an offensive war to punish the
people for the political misdeeds of their
State Government, or to prev ent a threatened
violation of the Constitution, or to enforce an
acknowledgement that the Government of the
United States is Supreme The States are
colleagues of one another, and if some of
them shall conquer the rest and hold them as
su6jugated provinces it would totally de-
stroy the whole theory upon which they are
now connected"
The whole meaning of the above is, that, as
long as there is Federal officer in a seeding
State, the President is bound to sustain him
in the exercise of his functions, but that there
may come time, when no Federal officer
will serve In other words time may come
when there will be no channel through
which Federal authority can be exercised.
In that case, says the wise Black, the au-
thOrity of the Government is at an end for
there Is no provision of the Constitution by
which war can be declared against State
and it be made subject province.
This is the most complete begging of
question that was ever witnessed. We deny
tina. time would ever come when there
could be found no man TO accept a Federal
office in a State in which the people were
dissatisfied. We believe there are thousands
of men who would take Office, under those
circumstances, if they were assured of the
assistance of the Genereral Government in
the discharge of their duties.
We agree with the Attorney General that
it would hardly do to declare 'oar against a
State and hold it as a subject province. Our
Constitution does not contemplate anything
of the kind. 1t only eontemplates thor
ough enforcement of the laws of the Union,
by the power of the General Government at
the back of its own officers. That is all that
is necessary. The suIjugation of State as
a conquered province is not necessary. 1t is
simply question as to whether the laws of
the Union can be enforced, through the regu-
lar channels of authority as provided for in
the Constitution of the United States and the
general framework Of the Government. If
the rebels of State are more powerful than
the General Government, why, then, the
question is settled, and the revolutionary
movement Of the State is successful. IL the
General Government succeeds in executing
its laws and maintaining its authority, why,
then, rebellion has been put down, and the
State remains in the Union, exercising all its
functions as a State without let or hindrance.
There is no Subject province" about it.
We believe, that all the grievances of all
the States can be remeded within the Union.
Whenever they cannot, we shall have moth
Ing to say against Revolution but shall call
it by its right name.
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