The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-01-22

his special and most imperative duty not to
embroil the incoming Administration by q
civil war which his successor might be un-
willing to approve or prosecute. It was
undoubtedly right to leave the President
elect and his advisers in situation where
they could take their choice between COM
promising and fighting. In fact, Mr.. Lin
coin was in favor of the former, if his in
augural be any sign of his sentiments.
The mind Of no man was more deeply
imbued with these opinions than Mr.. Stan
toms. The idea never entered his head
Certainly never passed his lips) that the
President ought to make war upon States,
or put the whole people out of the protec-
tion of the laws, and expose them all to
indiscriminate slaughter as public enemies
because some individuals among them had
done or threatened to do what was incon-
sistent with their obligations to the United
States. He knew very we'll that no such
thing was either legally or physically
possible. General Scott had reported Off
cially that five companies constituted
the whole available force which could
be sent to the South for any pur-
pose, offensive or defensive. 1t is impos-
sible that Mr.. Stanton would have under
taken to conquer the South with half re-
giment. He was thoroughly convinced
that war ut that time, of that kind and
under those circumstances, would not only
{" fire the southern heart" but give to the
secessionists the sympathy of all the world,
and ultimately insure their success, while
it could not help but cripple, disgrace, and
| ruin, the cause of the Union. Nor did he
feel pleasure in the anticipation of any
civil war between the two sections of his
country. From the standpoint which he
then occupied he said that war was dis
union it was blood, confagration, terror,
and tears, public debt and general corrup-
ton OF morals, all ending at best not in
the union of the States, but in the subju-
cation of some to the despotic will of the
others. He was apt to take q sombre view
of things, and he looked at the dark side OF
this subject. The glory, profit, and plum
der, the political distinction and pride OF
power which brighten it now, were not in
cluded in his prospective survey.
On the 10th of November [ answered the
Presidents questions concerning his legal
powers and duties, holding that the ordi-
nances Of secession were mere nullities ;
that the seeding States were and would be
as much in the Union as ever that the
Federal Executive was bound there as we'll
as elsewhere to execute the laws, to hold
the public property, and to collect the reve-
nue.; that if the means and machinery fur
nished by law for these purposes were in
adequate he could not adopt others and
usurp powers which had not been delegated ;
that neither tho executive nor legislative
departments had authority under the Con-
stitution to make war upon State; that
the military power might be used, il neces-
sary, in aiding the judicial authorities to
execute the laws in collecting the revenues,
in defending or rctaking the public pro-
pcrty, but not in acts of indiscriminatc hos
tility against all the people Of State.
This is the "opinion" " which has since been
go often, so much, and So well abused, de-
nounced, and villitied. Mr.. Stanton did
not stultify himself by denying the plain,
obvious, and simple, truths which it ex-
pressed. The paper WAS shown him before
it went to the President, and after slight
alteration, suggested by himself, he not only
approved but applaudcl it enthusiastically.
| It disappointed the President. He had
hastily taken it for granted that Congress
might make secession q cause for war; and
in the draft of his message, already pre-
pared, he had submitted the question Of war
| or peace to their decision. But the advice
of the law department, supported by q
powerful argument from General Cass, con-
WINGED him of his error, and that part Of
the message was rewritten. The substance
of the message so modified received Mr..
Stanton's hearty endorsement in everything
that regarded secession and the treatment
| it ought to receive.
Soon after this General Cass retired.
was requested to take the State Department,
and Mr. Stanton was appointed Attorney
General upon my declaring that was un-
willing to leave the care Of certain causes
pending in the Supreme Court to any hands
but his. This appointment alone, without
any other proof, ought TO satisfy any rea-
soning mind that all have said OF MIR.
| Stanton's sentiments must be true. NO
man in his sober senses can believe that l
would have urged, or that Mr.. Buchanan
would have made, the appointment if we
had not both known with perfect certainty
that he agreed with us entirely on those
| fundamental doctrines of constitutional
law to which we we're committed. The
faintcst suspicion of the contrary would
hayep put the Attorney-General's office as
far beyond his reach as the throne OF
France. We took him for what he pro-
fessed to be-a true friend of the Union; q
devout believer in the Constitution, faith
full man, who would not violate his oath of
Office by wilful disobedience to the laws |
am still convinced that he did not deceive
US. If he abandoned those principles III
1862 the change, however sudden and un-
accountable, is not satisfactory evidence
that he was an impostor and hyproclte IN
| 1860.
He did not find Mr.. Holt and General
Dix contcnding alone Tor contcnding at ally
against the President and the rest of the
| Administration. Mr.. Holt on the Sd OF
March, 1861, appended to his letter of re-
signation strong expression of his graft.
tude for the /" firm and generous support "
which Mr.. Buchanan had constantly ex-
tended to him, and pays warm tribute to
the enlightened craftsmanship and unsul-
lied patriotism of the outgoing President.
General Dix was not there at all when Mr..
Stanton came in. He was appointed O
month afterwards, when there was no disa-
greement in the Cabinet. He took up his
residence at the Presidents house as men,
Der of his family, and remained there
during the whole time of his service as
head of the Treasury Department. He per
formed his duties faithfully, firmly, and in
way which met with universal approba-
ton. do not recollcct that be had one word
of serious controversy either with the
President or anybody else. If, therefore,
Mr.. Stanton was ut any time engaged
| in ,lrsuoouinr the President and hpctOrinr
his colleagues he could not have had Mr..
| Holt and General Dix for his hackers.
There were disputes and serious differ