Year: 1860

places VI coWlae lut uInb HNSl' NNHiN w
to appoint others in their stead, if others
could be got to serve. But, in sIch an
event, it is moro than probable that great
difficulty would be found in filling the
offices. We can easily conceive how it
might become altogotherimpossible We
are, therefore, obliged 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 wholly Illegal"


al one Of the States SHOULD declare her
independence, your action cannot depeEd
upon the rightruIncss Of the cause upon
which such adecluration is based. Wheth
er the retirement of State from the
Union be the exercise of right reserved
in the Constitution, or q revolutionary
movement, it is certain that you have not
in either case the authority 10 recognise
her independence or to absolve her from
her Federal obligations. Congress or the
other States in convention assembled
must take such measures as may be neces,
aarY and proper. In such an event, l see
no course for you but to go straight on
ward in the path you havo hitherto trod-
den-that is, execute the laws to the ex,
tent or the defensive means placed in
your hands, and act generally upon the
assumption that the present Constitution.
al relations between the States and the
Federal Government continue to exist un-
til a now order Of things snail be estab-
lishcd, either by law or force,


whether Congress has the constitu-
tional right to make war against one or
more States and require the Executive Of
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 powers
enumerated IN article !, section 8, is that
TO declare war, grant letters of marque
and reprissl, and to make rules coucern-
ing captures on land and water" This
certainly mcars nothing more than the
power to commence and carry on hostili-
ties against the foreign enemies of the na>
ton. Another clause in the same section
gives Congress the power TO provide for
calling forth the militia, and to use them
within the limits of the State. But this
power is 50 restricted by the words which
Immediately follow that it can be exerci-
scl only for one of the following purposes:
!. TO execute the laws Of the Union that
is, tc aid The Federal officers in the per-
formnrcc Of their regular duties. ,. To
suppress nsurrectiona against the State ;
uut this j, confined by Article ", Sec,
ton 4, to cases in which the State her
self shall apply for assistance against her
own people. 8. 70 repel the invasion of
aState hy enemies who come from abroad
to assail her in her own territory. All
these provisions arc made to protect the
States, not to authorize an attack by
one part ofthe 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 yigor by repelling direct and positive
aggression upon its property or its officers
cannot be denied. But this is totally
different thing from an offensive war to
punish tho people for the political mis-.
deeds Of their State Government, or to-
prevent threatened violation Of the
Constitution, or to enforce an acknowl.
odgemeDt that the Government Of the
United States is Supreme. The States
are colleagues Of one another, and if
some Of them shall conquer the rest and
hold them as su3jugated provinces, it
would totally destroy the whole theory
upon which they are now connected,


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


J. S. BACK.