Note (return) — Chapter IV

By designating the State as a "combination," and considering that under such a name it might be in a condition of insurrection, he assumed to have authority to raise a great military force and attack the State. Yet, even if the fact had been as assumed, if an insurrection had existed, the President could not lawfully have derived the power he exercised from such condition of affairs. The provision of the Constitution is as follows: "The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the Legislature, or of the Executive (when the Legislature can not be convened), against domestic violence."170 So the guarantee availed not at all to justify the act which it was presented to excuse—the fact being that a State, and not an "unlawful combination," as asserted, was the object of assault, and the case one of making war. For a State or union of States to attack with military force another State, is to make war. By the Constitution, the power to make war is given solely to Congress. "Congress shall have power to declare war," says the Constitution.171 And, again, "to raise and support armies."172 Thus, under a perverted use of language, the Executive at Washington did that which he undeniably had no power to do, under a faithful observance of the Constitution.