The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1867-12-12

Constitution ana laws without lmpalrlDg
the dignity and equality and rights of
States or individuals, and that when this
was done the war should cease. / do not
say that this declaration is personally
binding on those who joined in making it,
any more than individual members of
Congress are personally bound to pay a
! public debt created under q law for which
they voted but it was solemn public
official pledge Of national honor can
not imagine upon what grounds repudia-
tion of it is to be justified. If it be said
that we are not bound 10 keep faith with
rebels, let it be understood that this pledge
was not made to rebels only thousands
of true men in the South were drawn to
our standard by it, and hundreds of
thousands in the North gave their lives, In
the belief that it would be carried out. 1t
was made on ths day after the first great
battle of the war had been fought and lost,
All patriotic and intelligent men then saw
the necessity of giving such an assurance,
and believed that without it the war
would end in disaster to our cause. Hav-
ing given that assurance in our extremity
and peril, violation of it now in the
which does not belong to them unless those
States are States OF the Union. If the
! Southern States are component parts of the
! Union, the Constitution is supreme law
for them as n eli as for all other States.
They arc bound TO obey it, and SO are we.
The right of the Federal Government
which is cl, ar and unquestionable, to en>
| force the Constitution upon them implies CO.
relative obligations on our part to observe
its limitations and execute its guarantees
| Without the Constitution we are nothing.
By, through and under the Constitution
| we are what il makes Us. We may doubt
the wisdom of law, We may not approve
of its provisions, but we cannot violate it
merely because it seems to confine our
powers within limits narrower than we
| could wish. 1t is not a question of in
dividual or class or sectional interest, much
less of party forbearance, but of duty,
high and sacred duty, which we are all
sworn to perform. If we cannot support
the Constitution with the cheerful alacrity
of those who love and believe in it, we
must give to it at least the fidelity of pub
lie servants who act under solemn obi
! cations and commands which they dare
not disregard. Constitutional duty is not
| only which requires Stasas to be re-
| stored, but there is another consideration
! which, though of minor Importance, is yet
consent of the Executive, do anything
which would have the effect, directly or
indirectly, of separating the States from
each other. To dissolve the Union, is to
repeal the Constitution which holds it to-
gether, and that is power which does
not belong to any department of this Gov
erpment or to all of them united. This is
so plain that it has been acknowledged by
all branches of the Federal Government.
My predecessor, as well as myself and the
heads of all the departments, have uni
formly acted upon the principle that the
Union is not only undissolved but indis-
soluble. Congress submitted an amend
mens of the Constitution to be ratified by
the Southern States, and accepted their
acts of ratification as a necessary and law
ful exercise of their highest function. If
they were not States, or were States out
of the Union, their consent to a change in
the fundamental law of the Union would
have been nugatory, and Congress, in ask
ing it, committed political absurdity.
The Judiciary 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 Southern States in
their circles, and they are constantly in
banc and elsewhere exercising jurisdiction
victions were not only unchanged, but
strengthened by subsequent events, and
further reflections upon the transcendent
Importance of the subject will be saffi-
cisnt excuse for calling your attention to
r some of the reasons which have so strongly
influenced my own judgment. hope that
we may all finally concur in a mode oi
4 settlement, consistent at once with our
= true interests and with our sworn duties
{ to the Constitution. 1t is too natural and
too just to be easily relinquished. 1t i:
clear to my apprehension that the States
lately in rebellion are still members of the
National Union. When did they cease tc
be sol Ordinances of secession adopted
by a portion-in most of them very
small portion of their citizens-were mere
| utilities If we admit now that they
were valid and Offectual for the purposes
; intended by their authors, we sweep from
; under Our feet the whole ground upor
which we justified the war. Were thes'
, States afterwards expelled from the Unior
by the war! Directly the contrary wai
averred by this Government to be its pur
! pose. and was so understood by all thos'
, who gave their blood and treasure to ali
I in its prosecution. It cannot be that
E successful war, waged for tie preservation
f of the Union, had the legal effect of dis
g solving it. The victory of the nation
9 arms was not disgrace of her policy
: The defeat of secession on the battle s-hel
8 was not a triumph of its lawless principle
o nor could Congress, with or without th
day of our power would be rude rend