New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-08-20
JUDGE ]. 8. BLACK DEAD.


action, no looked upon them as part OF the game
OF politics, to be compromised by parley and In
trigue while Judge Black urged bold decisions
according to law aud prompt enforcement of the
law by force if necessary.
BUCHANAN AND HIS ATToRNEY-GENERAL DRIFT
APART.
Before the Democratic Convention Of 1855 Mr..
Buchanan Is reported to have said to friend; II
had hoped for the nomination IN 1914,
again in 1s4s ard even IN 1852. but now
would hesitate to take it. Before
many years the Abotlonists will bring war
upon the land. 1t may come during the Presi-
Dental term But he accepted the nomination,
and during his term the Southern leaders talked
treason under his eye and into his For many
of the Presidents acts and sayings that he strongly
opposed. Judge Black was held responsible by the
public. which believed that he had more power over
Mr.. Buchanan than he really possessed. But he
never justified himself at the pense of his friend
and chief. 1t was not until 1860 however,
when the Southern leaders became more aggressive
and began to surround the President more closely
that Mr.. Buchanan and Judge Black began to drift
apart and to take opposite grounds upon the vital
questions Of the day. The President wanted to
compromise and delay, while Judge Black urged
prompt enforcement OF the laws Their
first difference was in November, $780,
when the President asked Judge Black
for legal opinion as to the rights Of States under
the Constitution and the power Of the Executive
In suppressing rebellion The Attorney general
prepared An elaborate opinion, In which he said:
"Tho Union Is necessarily perpetual. No State can
lawfully withdraw or be expelled from il. The
Federal Constitution Is as much part Of the Con-
stitution Of every State If it had been textualy
inserted therein. The Federal Government is SOW
eregn within It's sphere, and acts directly
upon the individual citizens Of every State Within
these limits Its coercive power Is ample to defend
ITSELF Its laws and its property. 1t can suppress
instruction, fight battles conquer armies, dis
perse hostile combinations and punish any or all
Of It's enemies. Ii can meet, repe and subdue all
those who rise against it, But 1t cannot obiterate
"a single Common wealth from the map Of the Union,
or declare indlscriminate against oil the in
habitants of a section confounding tho innocent
with the guilty"
This paper denounced tho action of the South
ern leaders so harshly and was so boldly
critical that the President refused to receive
it as an official opinion, and requested in
ito stead O mere formal answer to the ques
tions he had asked. without arguments to show
the mistakes of the Republicans the follies of the
Southern men, Judge Black then gave bis formal
opinion Of November 20, 1860, which the
President objected 10 as likely to stir up
tho anger Of the South. The two mon
argued the question between them with much
warmth, and from that hour they drifted
apart. Judge Black often declared that the Pres-
dent agreed with his views, but insisted that he did
mot understand the delicacy with which these
political complications must be handled" Bu-
chanan was even afraid to print the cold legal paper
Of November 90, 1860, and but for General Lewis
Cass then Secretary of State. lit would not have
seen the light for fear of exciting tho Secessonists
Judge Black could not make II public with pro-
pretty but General Cass took the responsibility and
1t was published.
SUCCEEDING CAss AS SECRETARY OF STATE.
When tho President wished to say in his annual
message In December, $780, that no power has been
delegated 10 cOerce into submission State that is at
tempting to,withdraw frem the confederacy," Judge
Black urged that the expression be omitted. But
the President retained 1t and Judge Black was
credited with being the author of It, The President
| repeated tho phrase several times afterward
against Judge Blacks objection but when
he incorporated 1t In his contemplated
answer to the South Carolina Commission ers Judge
Black made it ono of tho conditions of his remain
ing in the Cabinet thai IL be stricken
out. When Secretary Floyd proposed to
surrender the Southern forts to the Secessonists,
Judge Black used this language in Cabinet meet
| There never was period In the
| history OF tho English nation when any Min
lister could propose to give up to an enemy Of bis
Government military post which was capable OF
being defended being brought to the block"
| Wheu General Cass resigned, in December, 1850,
the President appealed to Judge Black TO take
his place as Secretary of State. Only upon con-
dltionp said Mr.. Black. Z" that you VIII make
Stanton Attorney General" The President agreed,
after some hesitation. and Stanton went into the
Cabinet and helped Judge Black and Judge Holt In
the fight against the Secessionists. "Mr. Stanton.
Judge Black and myself" says Judge Holt. who
succeeded Floyd as Secretary Of War. "were In
perfect accord upon the duty of the Govern
ment toward the Seeessionists and in perfect har-
mony as to the rights of States under The Constiu
ton. L do not racial single instance
in which there was difference
Of opinion between us upon any important ques-
tions then under consideration. While he
Judge Black would state his position in Cabinet
meetings with great earnestnoss / am assured
that bs often spoke to the President in the privacy
of their intercourse with much more warmth even
than he did In Cabinet have had some OF his
conversations with Mr.. Buchanan reported to me
which show how earnest he was In his fidelity to
the cause"
Inst before Buchanans Administration went out
% office. he nominated Judge Black, against bis
wish and request, for Associate Justice Of the Su
preme Court The Senate did not act upon the NOM
nation, and Mr.. Lincoln nominated Judge Swayne,
of Ohio Judge Black was then made Reporter of tho
Court and reported from 1862 to 1864 inclusive,
his reports appearing in two volumes.
After Mr.. Lincon's death Judge Black had
great influence with President Johnson and
urged the latter not to issue his
Amnesty Proclamation. The Confederates he
said. had begun an unjustihable assault upon the
nniop. "They have passed the point he urged,
where they are entitled to mercy. They should
have only Justice and all there Is OF IT,"
HIS SUCCESS AS LAWYER
Judge Black gave up his position as Repor- |
fer. of the Supreme Court in 1864 to take
nharre OF the important cases that were