Page:Hawkins v. Filkins 01.pdf/27

312Rh other department of the federal government." Congressional Globe, 1860–1; Appendix, p. 3.

President Lincoln, in his inaugural address, 4th March, 1861, says "perpetuity is implied in the fundamental law of all national governments. It follows from these views, that no state upon its own mere motion, can lawfully get out of the union; that resolves and ordinances to that effect are legally void.  I therefore consider that, in view of the constitution and the laws, the union is unbroken.  Where hostility to the United States in any interior locality, shall be so great and so universal as to prevent competent resident citizens from holding the federal offices, there will be no attempt to force obnoxious strangers among the people for that object." Congressional Globe, 1860–1, page 1434.

These opinions of the two chief magistrates of the nation at the commencement of the war, show, most clearly, what was, then, understood to be the limit of constitutional power, and the purpose alone for which force might be used. We know that, as the civil war enlarged in proportions, an increased force was used by the national government, and under the plea of national necessity upon a great emergency, powers not provided for under the constitution, were exercised, in which the views of counsel may have taken root, but we must believe that however cultivated and to whatever dimensions they have recently grown, they are a growth, the seeds of which were never scattered by the great arm of the patriot founder of the national government.

The conclusions at which we have already arrived, will, to a great extent, furnish an answer to the able and ingenious argument of the counsel for the defendant, who bases his argument upon two propositions: