Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1867-12-11

/
OF the National Union. When did they
| cease to be SO a? The ordinances of seces-
sion, adopted by portion lin most ofthem
very small portion) of their citizens, were
| mere nullitieS. If we admit now that they
were valid and effectual for the purpose in
| tended by their authors, we sweep from un-
der our feet the whole ground upon which
we justified the war Were those States
| afterwards expelled from the Union by the
War? The direct contrary was averred by
this Government to be Its purpose, and was
so understood by all those who gave their
1 blood and treasure to aid in its prosecution.
lt cannot be that successful war, waced
/. for the preservation of the Union, had the
legal effect OF desolving it. The victory of
the nation arms was the disgrace of her
policy the defeat OF secession on the battle
field was not the triumph of its lawless prin-
| clple. Nor could Congress, with or with
out the consent of the Executive, do any
| thing which would have the effect, directly
or indirectly, of separating the States from
each other To dissolve the Union is to re-
peal the Constitution which holds it togeth-
| er, and that is power which does not be-
long to any Department Of this Govern
ment, or to all of them united
This is so plain that it has been acknowl-
edged by all branches of the Federal Gov
! Sl l. ne BbAcCutlNG my pEeucCcSsUT
| as well as myself) and the heads of all the
| Departments have uniformly acted upon tn ;
! principle that the Union is not only unds-
| solved, but indissoluble. Congress submit
! tel an amendment of the tonsti; ution to be
ratified by the Southern States, and accept
! ed their acts OF ratification as necessary and
| lawful exercise of their highest function. If
| they We're not States, or were States out Of
! the Union, their con ent to a change III the
! fundamental Law Of the Union would have
been nugatory, and Congress in asking it,
committed a political absurdlty. The Judi
clary has also given the solemn sanction of its
authority to the same view Of the case. The
Judges of the Supreme Court have included
the eSouthernStates in their circuits, and they
| are constantly IN banc and elsewhere, exer-
cising jurisdiction which does not belong to
them, unless those States are States OF the
! Union.
! 1t the Southern States are component
parts CT the Union, the Constitution is the
| supreme law for them, as it is for all other
| States. They are bound TO obey it, and so
are we. The right of the Federal Govern
| ment, which Is so clear and unquestlonable,
4 to enforce the Constitution upon them, I'M
| plies the correlative obligation on orr part TO
observe its limitations and execute Its guar
/ antics. Without the Constitution we are
|
| tugion we are what it makes US. We may
doubt the wisdom of the law, we may not
approve of its provisions, but we cannot VI
| olate 1t merely because 1t seems to conhne
/ cur powers Within limits narrower than we
/ could wish. 1t Is not question OF IndIyId-
| ual, or class or sectional interest, much less
| of party predominance, but OF duty-Of high
and sacred duty-whch we are all sworn to
perform. If we cannot support the Con
stltution with the cheerful alacrity of those
who have believed liz it, we must give to 1t
at least the fidelity of public servants who
act under solemn obligations aud commands
which they dare not disregard.
/ The Constitutional duty is not the only
one Ghich requires the States to be restor-
Ell. There is another consideration which,
| though of minor importance, is yet of great
weight. On the I'D day of July, 1861 Con
gress declared by almost unanimous vote OF
/ both Houses, that the war should be con-
Quoted solely for the u.pose OF preserving
| the Union and maintaining the supremacy
Of the Federal Constitution and laws, with
out ilnpairing the dignity, equality and rights
| of the States or OF individuals, and that
when this was done the war should cease. do
not say that this declaration Is personally BIN
! ding on those who joined in making 1t, any
] more than individual members OF Congress
| created under law for which they voted.
But it was solemn, public, official pledge
| of the national honor, and L cannot imagine
upon what grounds the reputation OF 1t Is
| to be justified. If it be said that we are
not bound 20 keep faith with rebels, let it be
remembered that this promise was not made
to rebels only. Thousands of true men in
the South were drawn to our standard by 1t,
and hundreds of thousands IN the North
gave their lives in the belief that it would
| be carried out 1t was made on the day af-
ter the first great battle of the war had been
| fought and lost All patriotic and intelli-
! gent men then saw the necessity OF giving
! such assurance, and believed that without
| it the war would end in disaster to our cause.
| Having given that assurance in the extrem-
| ity of our peril, the violation OF 1t now, In
| the day of our power, would be rude rem
ding of that good faith which holds the mo
raj world together; our country would cease
to have any claim upon the confidence or
men it would make the war not only fail
ure, but fraud
Being sincerely convinced that these views
are correct, would be unfalthful to my du-
| ty if | did not recommend the repeal OF the
acts of Congress which place ten OF the
| Southern States under the domination OF
military masters. Ii calm reflection snail
satisfy majority of your honorable bodies
that the acts referred to are not only a vio-
lation of the national faith, but in direct
conflict with the Constitution, | dare not
hermit myself to doubt that you will lmme'
diatelv strike them from the statute book.
| To demonstrate the unconstitutional char
| acter of these acts, need DO no more than
refer to their general provisions. 1t must
/ thaf laU rp e0,