National Republican., 1881-08-23
BLACK VS.. BLACK.
How the WHY Old Secretary DRrEened
CounseIs.

Unfortunately forJere. Black he was the
legal advisor Of Buchanan, and gave his advioe in
writing on the right of coercion On November
90, 1860 he submitted written opinion upon the
| subject OF the powers Of the General Government
TO "coorce sovereign States" After saying that
military force can suppress any such combinations
as are found directly opposing the laws and bb
slructing the execution thereof, and can do no
more than might be done by civil posse, he asks
But what If the feeling in any State against the
United States should become so universal that the
Federal officers themselves dncluding judges, dis
trlct attorneys, and marshas) would be reached by
the same influences and resign their places? We
are therefore to consider what can be done in case
we have no courts to issue judicial process, and
no ministerial officers TO execute It. In that event
troops would certainly be out Of place, and their
use illegal. II they sent to aid the courts and
marshals, then must the courts and marshals be
| aided. without the exercise Of those functions,
which belong exclusively to the civil service the
laws cannot be executed in any event, no matter
what may be the physical strength which the Gov
ernmenthas at Its command Under such circum-
stances, to send a military force into any state
with orders to act against the people would be
simply making war upon them" Again he said
| Il" II one of the States should declare her inde-
| pendenoe, your action cannot depend upon the
righthlness fthe cause upon which such declara-
| ton is based"
| upon this he argues that no power Is given by
express words or by implication of the Constitution
| to make war on one or more States" "The power
TO declare war, grant letters Of murque and re-
prisal, and to make rules concerning captures on
| land and water" "means nothing more than the
power TO commence and carry ON hostilties against
| the foreign enemies of the nation" In the same
manner he reasons that the Constitution "only
gives power to suppress insurrection against, not By
a State" He exclaims:
"1t Congress shall break up the present Union by
unconsitutlonally putting strife and enmity and
armed hostility between different sections of the
country, will not all the States be absolved from
their obligations7 Is any portion of the people
bound TO contribute their money or their blood to
carry on n contest like that2'
He says, in regard to a letter of General Scott;
"What impetus this action and the published
utterances gave to secession can be best deter
mined from that document"
| What impetus Blacks argument, that the Nation
was powerlcss to put down the rebellion, and
which was published broadcast North and South
gave TO the foes of the Union cannot be in doubt
Ifthe Republic could have been preserved with
out coercing the south II the flag could have been
triumphant without invading the sacred soil; IL
freedom could have been assured without en-
franchising slave; If the Treasury could have
been filed without levying n tax; If armies could
| have been recruited without men, and victories
gained without battle, then, perhaps. would the
| policy Of such men as Black have made us as
great as free, as powerful as victorious as we be.
came by rejecting their advice.