Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-10-18
From The 8. Louis Republican.I

~ III oECEBED MATES 10
From the 81. Louis Republican,
The following letter was written by ex-
Attorney General BA=Es some two months
ago, but for some reason has never before
been published.-ED. REP.1
ST. LOUIS, Aug. s, 1S66.-To Coz. JAS. o.
BRoADHEAD, ST. LOUIS: DEAR SrR-You
were rightly informed that President LIN
coin did require Of the heads Of the differ
ent departments their opinions in writing as
to both the constitutionality and expediency
OF the bill for the admission Of the State %
West Virginia into the Union" And such
opinions were given by all Of them, except
only Mr.. CALEB 2. SMITH (who had then
vacated, or was about to yacate, his Office OF
Secretary Of the Interior.)
That transaction took place in the few last
days Of the year 1862. Ny own official opin-
ion bears date Of the 9th of Dec. 1852, and
the President approved and signed the bin
on the last day Of that year.
have occasion to remember those trans
actions very distinctly, for l took lively
interest IN the question and, indeed, it was
upon my own suggestion that President
LINCOLN demanded our written opinions.
urged upon him the advantages Of written
over oral communications on a subject 70
important and chiefly upon these two
grounds: 1. They constitute valuable mu-
niments of the passing history Of tho Gov
ernment and ID. They operate as a reason
able and wholesome check upon as, the
advisers Of the President.
The questions put by the President were
in the most brief and compendious form,
thus; "Is the said act constitutional? 2
Is the said act expedientp To these two
questions we all gave to the President our
written answers; and can only express
my surprise that they should have been 80
long withheld from publication, seeing that
they touch upon a principle Of the greatest
magnitude, and bear 1rectly upon a ques-
ton which has produced great excitement
in Congress and in the nation.
have the only copy of those documents
that I know Of in private hands; but nc
doubt they may be found in the proper de
positories at Washington. And In regard 10
your suggestion as to what those opinions
may contain concerning the legal and polit-
ical status Of the States in rebellion, las
have no time now either to analyze the
opinions or 10 copy them,) / can only say
that no one Of them contains single para
graph tending to the conclusion that State
ordinance Of secession, or the fact of open
rebellion within State, did or could take q
State out Of the Union. The very contrary.
was assumed as undisputed doctrine, and ar
gued upon as postulate. In fact, did not
know 3 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
rebellion, or both together. We all con-
sidered an ordinance of secession a mere
nullity in law and politics, and rebellion q
personal crime, punishable by law.
II never was the doctrine Of the Republic
can party in Mr.. LINoOI.N's lifetime, and,
believe, is not know, that State can get out
OF the Union by secession and rebellion.
That is a late invention Of a few enterpris-
ing, extreme Radicals, who have labored in
vain 70 fasten it upon the Republicans as
one Of their tenets. President LINCOLN and
both houses Of Congress, by their repeated
solemn acts are pledged TO the contrary.
They passed the West Virginia bill, which,
according 70 the plain provisions Of the
Constitution, could not have been passed
unless Virginia were State in the Union,
with a Legislature capable Of conserving to
the dismembermeat. The President, with
the advice and consent Of the Senate, didall
he could to extend the judiciary system of
the Uunited States into States which had
passed the ordinances Of secession, and
whose people stood in open rebellion, by
appointing District Judges in Virginia,
Tennessee, Alabama, Florida and louisiana,
and both houses of Congress admitted mem
bers from Virginia, Tennessee and louisiana.
l remain, dear sir, with cordial regards
your friend. EDWARD BATES.