Clarksville weekly chronicle. [volume] (Clarksville, Tenn.) 1865-1867, 1866-10-19
AN IMPORTANT LETTER FROM JUDGE
BATES.
A VALUABLE SCRAP OF HISTORY.

Although the following letter was written
two months ago, it has only come 10 light
lately. 1t is important, in so much as 1t ex-
presses tho views of President Lincoln 3
Cabinet on the admission of West Virginia
as State:
ST.. Louis, Aug. 8, 1866.
TO Col. Jas o. Broadkead, St. Louis:
DEAR SIR: You were rightly informed
that President Lincoln did require of the
heads of the different departments their opin-
ions in writing as to both the constitution
ality and expediency of the bill "for the ad-
mission of the State of West Virginia into
the Union J" and such opinions were given
by all of them, except only Caleb u. Smith
(who had then vacated, or was about to va
cate his Office of Secretary Of the Interior. }
That transaction took place in the few
last days of the year 1862. My own official
opinion bears date on the 27th of December,
1862, and the President approved and sigued
the bil on the last day of that year.
have occasion to remember those trans
actions very distinctly, for took lively
interest in the question; and, indeed, It was
coin demanded our written opinions.
urged upon him the advantages of written
over oral communications on subject SO i'm
portant, and chiefly upon these two grounds;
First, They constitute valuable munimeLts
of the passing history of the Government
and, second, they operate as reasonable and
wholesome cheek upon US, the advisers Of
the President.
The qestions put by the President were
in the most brief and compendious form,
thus: ~. Is the said act constitutional? 2.
Is the said act expedient2" To these two
questions we all gave to the President our
written answers; and can only express my
surprise that they should have been so long
Withheld from publication, seeing that they
touch upon principle of the greatest mag.
nitude, and bear directly upon a question
which has produced great excitement in
Congress and in the nation.
J have the only copy OF those documents
that | know of in private hands, but no
doubt they may be found iE the proper de-
positories at Washington. And in regard To
your suggestion as to what those opinions
may contain concerning the legal and polit-
ical status of States in rebellion las have
no time now either 10 analyze the opinions
or to copy theml can only soy that not
one of them contains a siiigle paragraph
tending to the conclusion that State ordi.
nance of secession, or the fact of open re-
bellion within State, did or could take a
State out Of the Union. The very contrary
WAS assumed as undisputed doctrine, and
urged upon rs postulate. In fact, did not
know Republican Of that day, in Congress
Or in the Executive Department, who pre-
tended to believe that State could with
draw itself from the Union by secession, or
or both together. We all consid-
cred an ordinance Of secession mere nullity
In law and politics, and rebellion personal
crime, punishable by law. II never was the
doctrine of the Republican party in Mr.. Lin
coins lifetime. and, believe, is not now,
that State can get out of the Union by Sc
,ession and rebellion. That Is a late inven-
lion Of few enterprising, extreme Radi-
,als, who .have labored in vain to fastep IL
upon the Republicans rs one of their tenets.
President Lincoln and both Houses Of Con.
yress, by their reneted, solemn acts, are
pledged to the contrary They passed the
West Virginia bill, which, according TO the |
plain provisions of the Constitution, could |
not have been passed unless Virginia were
State in the Union, with a Legislature ca
oable Of consentlng to the dismemberment. |
rhe President, with the advice and consent |
VI the Senate, did all he could to extend the |
judiciary system Of the United States into
States which had passed ordinances Of seces- |
lion, and whose people stood in open rebeli- !
on, by appointing District Judges 10 yir-
Jinia, Tennessee, Alabama, Florida and
Louisiana, and both Houses OF Congress ad- |
nitted members from Virginia, Tennessee
md louisiana
remain, dear sir, with cordial regards,
FOUR friend,
EDWARD BATES.