The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1869-07-14
The Weaver Case.
ATTORNEY GENERAL HOAK's oPINroN-How
He CAME TO GIVE IT. THE ATTORNEY GEN
,ERAL A PARTISAN OFFICER.
Washington Correspondence OF the Balti-
more Gazette.1

Washington Correspondence OF the Balti
more Gazette.l
SonTe Democratic journals seem yet te
| think it worth while tn discuss constitu
tional questions with their adversaries, OIL
rather appear to deem it necessary to show
that this administration is administering
| the government without regard to the Con
stitutieH at alt. /! rs stated authoritative
| ly that president Grant has accepted MIR
Hoar's opinion as good law, and approved
| the sentence of death of man named
Weaver, in Texas, condemned in 1868 hy
court martial composed of parcel OF
epauletted judges The "oplnion" referred
to is to the EFFECT that there is some sort ol
war now being waged between Texas and
the United States. Surely it is quite
superauous to quote laws and judicial au-
thorties in proof of the unsounduess OF
such an opinion. To argue such ques.
ton is to accord to the Government all it
desires of its opponents. The mere admi>-
sien that the point deserves reiutatinn
elevatps it tar beyond it's merits.
And to talk about President Grant
having accepted" the ''opinion" # the
Attorney General as good law" Why, it
Was publicly know, here at the time, and
80 stated in these letters, that Mr.. Hoar
was required to sign hi name to the dncu
menis in question as political and party
necessity. and that, even at this day. b"
himself, does not pretend to justify il upun
legal principles. There is not single
"fficial act toward the South. il the cur
rent course of p-rpetration by this Govern
eminent. jus liable upon any Othrr ground
that the assumption that fragrant war
exists at this moment be Wen the United
States and every State composing the lai e
C"niederacy. f5
There is now, and has been FIR eight long
years with slight intermisSion), cnndi
ton of things requiring the Attorney Gen
eral to act in a double capacity. As II
member Of the Cabinet, he Is expected t..
"ive political opi i..ns per order to suit
the exigencies Of his party; as law officer
of the Government, on the other hand, he
Is sometimes permitted TO deal justly with
legal questions lot M political moment
presented for his c'nsiderati u by the de-
part mrnts, ard Using under the bungling
legislation Of an iynuran, Co gress. The
first specimen of the former sort of 'opin
ions" within my recollection, was that
given IN April Or May, 1851. The people
Of the country al large had not been "edu.
Gated quite up 10 the motion" that the
general Government could constitu'ionaily
carry fire aud sword into "a sovereign
State" 1t was necessary however. to DC.
cnpy Alexandria and the contiguous
heights, (Gen. Lees honey The then
Attorney General tl,ates) Was consequent.
" required to give an opinion" that those
localities were >til within the limits of the
District of Columbia. npl wi,bstAm.!ing the
solemn acts of rptrpcrsSiun hy both the
Congress ofthe Unired States aud the
State OF Virginia, a he did it. In lit
tie while by force of the bayoIet, the POO
pie became radidly "+dncated,' and this
l".tpinion" becoming unnecessary. was
utterly disreearded by its inventors, and
it's author shortly after turned adrif', with
nothing left in the archives Of the Govern
mpnt to commemorate his fame but thi.
m nument of his sycnphancy. And suct
will be the fate Of Hoar aud his subservlen
cy.