Benson J. Lossing, Pictorial Field Book of the Civil War. Volume 1.

[70] What will the President do in the event of open rebellion? was the momentous question on every lip. It greatly exercised the mind of the President himself, and he turned to his legal adviser, Jeremiah S. Black, the Attorney--

Jeremiah S. Black.

General of the Republic, for advice. This was given him, in liberal measure, on the 20th of November. It was conveyed in no less than three thousand words.

Assuming that States, as States, might rebel, the Attorney-General's argument gave much “aid and comfort” to the conspirators. After speaking of occasions when the President, as commander-in-chief of all the military forces of the Republic, might properly use them in support of the laws of the land, he supposed the case of a State in which all the National officers, including judges, district attorneys, and marshals, affected by the delirium of rebellious fever, should resign their places — a part of the programme of revolution in South Carolina already adopted, and which was carried out a month later. What then should be done? It was clearly the duty of the President to fill the offices with other men. “But,” he said, “we can easily conceive how it might become altogether impossible.” Indeed, this contingency had been contemplated by the conspirators, and provided for by prospective vigilance committees. “Then,” he continued, “there would be no courts to issue judicial process, and no ministerial officers to execute it.” What then? Why, the State has virtually disappeared as a part of the Republic; and the power of the Supreme Government being only auxiliary to State life and force, National troops would certainly “be out of place, and their use wholly illegal. If they are sent to aid the courts and marshals, there must be courts and marshals to be aided. Without the exercise of those functions which belong exclusively to the civil service, the laws cannot be executed in any event, no ”