Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-07-02

Attorney General Hoar's Opinion
How He Came to Give It-The Attor-
uey General n Partisan Ofhcer
The Washington correspondent Of the
Baltimore Gazette writes as follows:
Some Democratic journals seem yet
to think it worth while to discuss con-
stitutional questions with their adver-
saries, OF rather appear to deem it neces-
sary to show that this administration is
administering the government without
regard to the constitution at all. 1t is
stated authoritatiVely that president
Grant has accepted Mr.. Hoar's
opinion as good law, and approved
the sentence of death of a man
named Weaver, in Texas, condemned
in 1868 by a court martial com
posed of parcel Of epauletted judges"
The opinion referred to is to the effect
that there is some sort of war now being
waged between Texas and the United
States. Surely it is quite superfuous to
quote laws and Judicial authorities in
proof of the unsoundness of such an opiu-
ion. To argue such question is 10 &C.
cord to the government all it desires of
its opponents. The mere admission that
the point deserves refutation elevates it
far beyond its merits. ...... .ts
And to talk about President Grant
having accepted" the "opinion " Of
the Attorney General as "good law
Why, it was publicly known here at the
time, and so stated in these letters, that
NJ. uoon mac raoD;ra1 to s;ro h., -, 49,
to the document in question as politi-
cal and party necessity, and that, even at
this day, he himself, does not prett nd to
justify it upon legal principles. There
is not single official act toward the
South, in the current course of perpetra-
ton by this government, justifiable upon
any other ground than the assumption
that fragrant war exists at this moment
between the United States and every
State composing the late Confederacy.
There is now, and has been for eight
long years with slight intermission),
q condition of things requiring the At
torney General to act in a double capaci-
ty. As q member Of the cabinet. he is
expected to give political opinions per
OAdSA " SuiI NhO "a lSCuOI6o VI his party,
as law officer of the government, on
tue other hand, he is sometimes permits
ted to deal justly with legal questions
(of no political moment) presented FIR
his consideration by the departments,
and arising under the bungling legs
islation of an ignorant Congress. The
first specimen Of the former sort of
opinions" within my recollectioH, was
that gwen in April or May, 1861. The
people of the country at large had not
been educated quite up to the motion"
that the general government could con-
additionally carry fire and sword into "a
sovereign State" 1t was nece ssary,
however, to occupy Alexandra and the |
contiguous heights, Gen. Lees home.)
The then Attorney General Bates was
consequently required to give an "opinr.s
gu" that those localities were still within |
the limits of the District of Columbia, not
the solemn acts of Ietroces-
sion by both the Congress of the United |
States and the State of Virginia, and he
did it. 10 little while, by force of the
bayouet, the people became rapidly
educated" and this opinion" be-
coming unnecessary, WAS utterly
dlsregarded by It's inventors, and its author
shortly after turned sdrift.