The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-12-13

nlacc in the Union, or 10 nullify the laws OF
iho Union. The largest liberty is 10 be main.
,a;ncd in the discussion OF the acts Of the
Federal Government; but there Is no appeal
from ;ts laws. except to the various branches
If tbot Government itself, or to the people,
who Grant to the members Of the Legislature
and Of the Executive Department no tenure
but limited one, and in that manner always
retain the power of redress.
"Sovcrcign,y of the States is the language
Of the Confederacy, and not the Language Of
tho Cons,i,ut;on. The latter contains the
cmnbo,ic words: "Thc Constitution, aud the
laws of the United States which shall be made
in pursuance thereof, and all treaties made or
which shall be made under the authority OF
the United States, shall be the supreme law
of the land; and the judges in every STATE
shalt he bound thereby, anything IN the Ion-
stitu,ion or laws OF any State 10 the contrary
uol withstanding. ,, :,
Certainly the Government OF the lnilea
States is q limited Government; and so ~
every State Government limited HoHern'
mept. With US, this idea Of Elimination spreads
through every form Of administration, gener-
al, State and municipal, and rests on the great
distinguished principle Of the recognition OF
the rights of man. The ancient republics a0.
sorbed the individual in the State, prescribed
his religion, and controlled his activity. The
American system rests on the assertion OF the
eounl right Of every man 10 life, liberty, nhd
the pursui, of happiness, TO freedom Of con-
science, TO the culture and exercise oil all his
faculties. As n consequence the State Gov
crnmcnt is limited, us 10 the General do!ern-
meat in the iu,crcs, OF Union, rs to the lndl-
r;du,l ci,izrn in the interest Of freedom.
S,ntes, with proper Limitations ofpowcT, are
essential TO the existence Of the Constitution
Of the United States. a, the very commence
mcn,, when We assumed place among the
Powers Of the earth, the Declaration Of lnde-
pcntcnce was adopted by States; 80 ais" were
The Articles Of Confederation and when ''ihc
Poodle Of the United States ordained and es.
,ablishcd the Constitution, it MAS The assent
of the States, one by one, which gave u Fl'"''
! i,y. In the event, too, Of any amendment 10
the Constitution, the proposition OF congress
needs the confirmation OF States. Without
Stntcs, one great branch OF The legis!auFe
government would be wanting. And, If we
look beyond the letter Of the constitution 10
the character Of our country, It's capacity LOT
comprehcnding within. its jurisdiction vast
continental empire, is due TO the system OF
States. The hest security for the perpetu"l
existence Of the States il the supreme nu-
,hority" Of the Constitution Of the United
States. The perpeluity Of the constitution
brings with it The pcrpetuity oi tue H'a'eS'
their mutual relation makes ns what we are,
aud in our political system their connection
! is indissolublc. The whole cannot exist With
out the parts, nor the parts without the whole.
So long MS the Constitution Of the United
a. .lIIrn
destruction Of the one is the destruction Of the
other; the preservation OF the one ID inc
preservation Of the other.
have thus explained my views Of the NIT
tual relations Of the Constitution and the
S,ntes, because they unfold the principles on
which have sought to solve the momcHtous
questions and overcome the appalling dlii-
cul;cs that met me at the very commence
mcrt of my administration. 1t has been my
stcadfast ohjcc, TO escape from the sway o.:
momcntary passions. and to derive healing
policy from the fundamental and unchanging
principes Of the Constitution.
found the States suffering from the effects
Of o civil war. Resistance 10 the General
Government appeared to have exhausted ITSELF
Thu United States had recovered possession
Of their forts aud arsenals; and their armies
Ind attempted 10 scccde. Whether the terri
tory within the limits Of those States should
be held NJ conquered territory, under military
authority cmanating from the President as
the head Of the army, was the first question
tina, presented itself for decision.
Now, military governments, established for
an indefinite period, would have offered no
security for the early suppression oil d'scon'
tent; would have divided tho people into the
yanouishers nnd the rauauished; and would
have enycnomed hatred, rather than have re-
stored affection. Once established, no pre-
Give limit 70 their continuance was concetSa-
blc. They would have occnsioned an meal.
culahlc and cxhaustipg expense. Peaceful
emigration to and from that portion ol tue
cols1iiry is ono Of the best means that can DC
thought Of for the restoration Of harmony;
and lln, emigration would have been preVtn'
ted; for what emigrnnt from abroad, what IN
duSir.ous citizen at home, wonld place NM
self willingly under military rule! The chiei
persons who have followed in the train OF the
army would have been dependents on the Cen
! eral Government or men who expected proht
from the miseries OF their erring fellow-c'tl'
zens. The powers Of patronage and rule
which would have been exercised, under the
President, over q vast, and popnIons, anu
naturally wealthy region, nre greater :han,
unless under extreme necessity, SHOULD De
willing TO entrust 10 any one man; they arc
such az, for myself could never, unless on
occasions of great emergency, consent 10 e3:
ercise. The wilful use Of such powers, il
continued through n period Of years, would
have endangered the purity Of the general
administration uni the liberties Of the States
which remained loyal.
Besides. the policy Of military rule over
! conquered territory would huve implied that
the States whose inhabitants may have taken
part in the rebellion Ind, by the act Of those
Inhabitants, ceased 10 exist. But the true
theory ia, that all pretended nets Of secession
were, from the beginning, null and void The
States cannot commit treason, nor screen the
individual citizen who may have committed
treason. any more than they can make valid
tren,ies or engage in lawful commerce with
any foreign power. The States attempting
TO secSde placed themselves in condition
where their vitality was impaired, but not e1'
tinsuishcd-their functions suspended, but
not destroyed.
But il any State ncglects or refuses to per.
form its offices, there is the more need that
the General Government should maintain oil
its authority, and, as soon MS practicable, re-
sumo the exercise Of NIL its functions. On
,t;, I L,.o a tcl md hnyc cradu.