The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-10-12

United States, II it's constitution contravened
the powers of the national government it was,
far, void, IF, nyiolatlOn of its c0nstIuu inn,
those who iuJrusted with making or exc
curing its la VIZ, undertook 70 do any act hostile
to the government of the Union, he knew that
such act could be no act Of the State, but would
he that of the Individuals merely who did it.
S1, both the people who make the State govern
nlents and tile States they create are, ami must
always be, subject TO all the powers vested by
THE national constitution in the national gov
eminent. The same amandment that re-
serves all the powers not delegated to the
common government, to the States,
the people, strongly declares that all the pow
efs SO delegated are gene from the, States and
the people-foreTer beyond their control.
KNOWINGLY FURTHERING SECESSION.
Judge Black knew all this as well as anv man in
the nation, and knew also that at the very mo-
ment he wrote that opinion the people of a5
least State had in all ways possible dissolved
all connection whatever between themselves
and the government of the United States, and
organized themselves into an independents na-
ton. He knew that there no judicial
ministerial functiOnary Of the government of
the United States within the territory of South
CarOlina.to call for aid from that government i'll
enforcing or administering the laws, and that
any one who should attempt to do SO would not
be permitted to remain within the boundaries of
the State and live. He knew we'll that the
collection of all debts due from citizens of that
State TO citizens Of MISUNDERSTANDING Stares WAS
suspended, and that hostile preparations
being every where made ia that and other States
a word. THAT many acts of war against the
United States had been already cOmniLred, and
many others were in active preparation; ant
knowing IT all, he yet so stated the case and his
opinion of the law as TO put the natiuual gov
eminent in the wrong, should it resort TO mill
tary force to restore its authority over people
who had cast off that authority and were ready
to resist any attempt TO restore it. He
went tar to Dbre than intimate that all the
States would. in such case, be- absoived from
their federal obligations, and that portion of
the people would be bound to contribute their
that He thus, as the law adviser OF Mr.
Buchanan, justified his inaction under which the
secesslohls0s Were ehaottu 20 complete tnelr
preparation for the gigantic contest which fol-
lowed. and gave siren st!I TO the constitutional
scruples of ukewarm patriotism, and actual
encoura cement to audacioll5 treason by assur-
ing IL that it wars safe under the shield of the
constitution. few days after this opinion
was given Mr.. Buchanan delivered his
annual message, IN which he informed
the nation that it was manifest pOu lnspee.
ton of the constitution that the power to coerce
State into submission which was attempting
to withdraw, or had withdrawn from the CON
federacy, did not exist in its government. This
ambiguous giving out was true in law; but ut
terly doube-t0ngued IN It's intention and effect
upon tile public as Mr. Buchanan afterwards in
effect conceded. Upon this doctrine the adj
ministration stood in AFFECT Submission to every
insult and to several omen and direct acts of war
which the South fit to infict upon it, until it
expired, March A. 1861. The effect of his legal
position was long kept up after Mr.. Lincoln's
1uaugu ration by great Democratic leaders, such
as tRe- Seymours the TildeRs Woods, BemoHts,
ana obRefs, ana ala US great narm Doth at nome
and abroad
Rep.-DId not Mr.. Black reoant those opinions
afterwards and actively support the war meas
ures of Mr.. LincOlns administration
Maj. G.-I do not know. I think there is no
published evidence that he did and from the
fact that, as late as 1875 he did not hesIrate to
inG0rse, over his own name, "The Political Con-
fiict in America" by Alexander Harris, of Ian
caster, Pa; and In his reply to Mr.. Hgersoil, in
the North American Review, seems to regret the
extinction OF African slavery in the United
States, think it may be safely affirmed that he
never did The Harris book ooBes traitors venom
from every hae Tt eharaeterIzes Mr. Lincoln as
"a demon incarnate," an historical companion of
Louis XI and Lucretia BOrgia and ehuckles over
his assassination ID this very remarkable SEN
tenee '"Phe paneor Of Marat and tile revenge
of Charlotte CordaY had crossed the ocean, and
were again confronting each other. The
American President was shot by the furi-
GUS }. Wilkes Booth" And of such utterances
Mr.. Black did not serunle to write the author, as
published in the New York World: "You are do
ing a good service to the public"
It was the law of ancient Egypt that the
dead should undergo trial before they should
be admitted to the rights of sepulture. If they
were ia titled by the Judgment of the court
that passed upon tAeirAves, they were eDhanled
and eDt0mbed to await tie resurrection. II
they were condemned they were denied burial,
and the hope of the future life. Would IL not
be better for republics re enact this old law;
and, while not attempting to affect the life
beyond the grave, let the Judgment of the
tribunal of the dead send only the good mans
name the temple of fame, bright with enuoblIng
memories; and let II, with equal justice, give the
wicked over to obiIvron or Tnfamy. So should
the example of both tend to the support of vir-
this as a detergent from v1ce-that as an lncen-
tive to virtue.