The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-12-04

solved, but indissoluble. Congress submit
ted an amendment of the constitution to be
ratified by the southern states, and accepted
their acts of ratification as a necessary, and
lawful exercise of their highest functions.
If they we're not states, or were states out Of
the Union, their consent to a change IN the
fundamental law of the Union would have
been nngatory, and congress in asking il 1
committed a political absurdity. The judic-
iary has also given the sanction of its author.
ity to the same view of the case the judges
of the supreme court have included the
southern states in their circuits, and they are
constantly, in Virginia and elsewhere, exer-
cising jurisdiction which does not belong TO
them unless these states are states OF the
Union.
Ii the southern states are component parts
of the Union. the consolation Is the supreme
law for them as it Is for all the other states.
They are bound to obey it, and SO are we.
The right Of the federal government, which
is cleas and unquestionable, to enforce the
Constitution upon them, implies the correla-
tive obligation on our part to observe its
limitations and execute its guarantees.
W hhout the constitution, we are nothing.
BY, through, and under the constitution, we
are what it makes us. We may doubt the
wisdom of the law we may not approve of
its provisions; but we cannot violate it
merely because it seems to confne our pow.
ers within limits narrower than we could
wish. 1t is not a question of individual, or
class, or sectional interests.-much less of
party pfedominanee,--but of duty, of high
and sacred duty, which we are all sworn to
perform. If we cannot support the eonstitu-
ton with the cheerful alacrity of those who
love and believe in it, We must give to it, at
heart, the fidelity of the public servants who
act under solemn obligations and commands
which they dare not disregard. @t& a
Constitutional duty is not only one which
requires states to be restored; there is an
other consideration, which. though of minor
importance, is yet o. great weight. On Ju-
ly 20, 1861, congress declared, by an almost
unanimous vote of both houses, the war
should be conducted solely for the purpose
of preserving theUnion and maintaining the
supremac of the federal constitution and
laws, without impairing the dignity, equality,
and rights of the states or individuals ahd
that, when this was done, the war should
cease. do not say that the declaration is
personally binding on those who Joined in
making it, any more than individual mem
bers of congress are personally bound to pay
a public debt created under law for which
they voted but 1t was solemn pubic, Off
cIal pledge of national honor, and | cannot
imagine upon what grounds Reputation OF
it is to be justified. IF it be said that we
are not bound to 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 stand.
orI bx,. nd dc ~ -, Il, Al
north gave their lives in the belief that it
would be carried out. 1t was made on the
day after the first great battle of the war had
been fought and lost. All patriotic and in
Uelligent men then saw the necessity of Civ
ing such an assurance believing that, with
out it, the war would end in disaster 70 our
cause. Having given that assurance in the
extremity of our peril, the violation of ii
now, IN the day of our power, would be a
rude rending of that good faith which holds
~ir~ >-~l- s~seyatherss Our country
would cease to have any claim on the conf.
dence of men. 1t would make the war not
only failure, but fraud.
Being sincerely convinced that these views
are correct, / would be unfaithful 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. If calm reflection shall
satisfy majority of your honorable bodies
that the acts referred to are not only viola
ton of national faith, but in direct con
hict with the constitution, dare not permit
m yself to doubt that you will immediately
strike them from the statute book. To de.
monstrate the unconstitutional character OF
those acts, need do no more than to refer
to their general provisions. 1t must be seer
at once that they are not authorized to die
tate what alterations shall be made in the
constitutions of the several states to contro
the elections of state Legislators and state
officers, members of congress, and eeetor.
of president and vice president, By arbitrari
ly declaring who shall vote, and who shall
be excluded from that privilege to dissolve
state legislatures, or prevent them from as
Fl embling; to dismiss judges and other civi
functionaries of states, and appoint Others
| without regard to state law TO organize and
operate all the political machinery of states; t,
| regulate the whole administration of theil
domestic and local affairs according to thu
mere will of strange and irresponsible agents
sent among them for that purpose,--the
are powers not granted TO the federal gov
eminent, or to any Of its branches. Not be
ing granted, We violate our trust by assum
ing in the face of positive interdict; for tn,
constitution forbids us to do whatever it doe
| not affirmatively authorize either by express
| words or by clear implication. If the au
| thority we desire TO use does not come to IL!
| through the constitution, we can exercise i
| only by usurpation, and usurpation is the
most dangerous of political crimes. By tina
crime the enemies of free government, in al
ages, have worked out their designs agains
public liberty and private right 1t lead
| directly and Immediately to the establish
ment of absolute rule; for undelegated pow
er is always unlimited and unrestrained.
| The acts of congress in question are no
| only Objectionable for their assumption o
ungranted power, but many of their provis
ions are IN conflict with direct prohibition
| of the constitution. The constitution com
lnands that republican form of government
shall be guaranteed to all states; that NJ
/ person shall be deprived of life, liberty, O
| property without due process of law; arrest
ed without a Judicial warrant, or punished
without fair trial before an impartial ia
| ry that the privilege of habeas corpus shall
not be denied in time of peace and that nj
bill of attainder shall be passed, even agains
a single individual; yet the system of meas
ures established by these acts of congress
does totally subvert and destroy the form a,
well as substance of republican government
i IN the ten states to which they apply I
binds them, hand and foot, in absolute sla
very, and subjects them to a strange an,
nestlie power, more unlimited, and NOR
r hn Al n