Year: 1860




to appoint others in their stead, if Others
could be got to serve. But, in sr ch an
event, it is more than probable that great
difficulty would be found in filing the
offices. We can easily conceive how it
might become altogether impossible We
are, therefore, obliged to consider what
can bc.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 wholly illegal"


al one of the States should declare her
independence, your action cannot depend
upon the rightfulness Of the cause upon
which such declaration is based. Whe tn
er the retirement of State from the
Union be tho exercise of q right reserved
in the Constitution, or revolutionary
movement, it is certain that you have not
in either case the authority 10 recognise
her independence or to absulve her from
her Federal obligations. Congress or the
other States in convention assembled
must take such measures as may be neces>
sary and proper. In such an event, | see
no course for you but to go straight on
ward in the path you have hitherto trod-
den-that is, execute the laws to the eX,
tent Of the defensive means placed in
your hands, and act generally upon the
assumption that the present Constitutions
al relations between the States and the
Federal Government continue to exist un-
til a new order of things snail be estab-
lished, either by law or force.


whether Congress has the constitu-
tional right to make war against one or
more States, and require the Executive Ct
the Federal Government 10 carry it on
by means of force to he drawn from the
other States, is question for Congress it,
self to consider. 1t must be admitted
that no such power is expressly given
nor are there any words in the Constitu-
ton which imply it. Among the pow ars
enumerated IN article !, section 6, is that
ito declare war, grant letters Of marque
and rcprisal, and TO make rules concern


ing captures on land and water" This
certainly moars nothing moro than the
power to commence and carry on hostili'
tics against tho foreign enemies Of the ma
ton. Another clause in the same section
gives Congress the power to provide fol
calling forth the militia, and to use them
within tho limits Of The State. But thi.
power is so restricted by the words which
Immediately follow that it can be eXorci-
sed only for Que Of the following purposes!
|. To execute the laws OF the Union that
is, to aid tho Federal officers in the per-
formarce of their regular duties. .. To
suppress instructions against the State
but this is confined by Article w., Sec,
ton 4, to cases in which tho State her
self shall apply for assistance against her
own people. 8. TO repel the invasion OF
State by enemies who come from abroad
to assal her in her own territory. All
these provisions are made to protect the
States, not to authorize an attack by
one part Of the country upon another; TO
preserve their peace, and not to plunge
them into civil war.


The right Of the General Government
to preserve itself in its whole constitution
al vigor by repellng dreot and positive
aggression upon its property or its officers
cannot be denied. But this is a totally
different thing from an offensive war to
punish the people for the political mis-
deeds of their State Government, or to
lreyent threatened violation of the
Constitution, or to enforce an acknowl-
edgement that the Government Of tho
United States is Supreme. The State:
are colleagues Of one another, and i
some Of them shall conquer the rest nnt
hold them as subjugated provinces, il
would totally destroy the whole theory
upon which they arc now connected.


] am, very respectfully. yours, &C..


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