Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1867-12-12

tory of the nations arms was not the disgrace
OF her policy; the defeat of secess on he battle
| field WAS not the triumph Of its lawless princi-
ple Nor could Congress. with or without the
consent Of the Executive do anything which
W )llid hove the effect, directly indirectly,
oi separating the Stares from each other. 70
dissolve the Union is to repeal the Constitution
whlch ,l,ss il together. and that Is a power
which does not belong to any department OF
this Government or &c all of them united
TAls is 20 plain thar il has been cknowle,lg-
ed by all branches Of The Federal Gov eminent
III Executive (ny predecessor rs Il as ny
SELF and The heads of all the Departments
have uni ormiy acted upon'the principle thai
'he Union is not only undissolved, bui indisso-
liable. Congress Submitted an amendment OF
The Constitution 10 be ratified by tie Southern
states, and accepted their acts Of ratification
rs necessary and lawful exercise of theil
highest function Ii they were not States, OF
were States cat Of the Union. their consent tc
| a change Of he fundamental wv Of tne Z lioi
would have been nugatory; and Congress, III
! asking If, committed a political ahsurtiity.-
Tie judiciary has also given the soe sane
! lion OF It's authority TO the same visw Of The
case. The Judges of the Supreme Gu have
| Included the SOut :rn Saaies III their Circuits
! and they are constantly, n hHRc and elsewhere
exe' cising jurlsdicucn vii CHI does not belong
to them, unless those States are States of the
! Union.
If The Southern States are compont NJ parts
Of he Union, the Constitution is the supreme
law Tor them. as il is Tor AL the other States
. hey are bound 10 obey it, and so are We
ine right Of the Federal Government. which
! Is clear and unqiesi lonibe, to en- 0,ce the
Co::stI utlon upon tueIn. implies the correiative
obligation on our part to observe ts Limitations
AMI execute lis guarantees. Without the Con-
etltuuon We are nothing; by. through. and I'm
ger the Constitution We are what it makes Us
! u e may doubt the wisdom Of the law: we may
not approve Of lis provisions, but we cannot
violate ii merely because it seems to confine
our powers within limits narrower than we
could Wish. 1t is not question Of indy dual,
/ or class. or sectional interest. much less of
| party predominaI ce. but Of duty-of hi4 b and
s'crod duty which W. al sworn to per-
form. Ii we cannot support the Constitution
with the cheerful alacrty of those who love
ANA believe in it, We must give to it al least
the fidelity OF public servants who act under
solemn obligations and commands which they
dare not disregard.
The constitutional duty is not the only one
w slch T. qnires the States TO be restored. There
Il anofher consideration which, tho OF minor
! Importance, is yet eff great weiE lat. On The
ZZd day OF July, 1861, Congress declared by
| an almost unanimous Of both Houses.
| that the war Shout be conducted solely for he
purpose OF preserving the Union, and maintai-
i hing the supremacy Of the Federal Cons; =
ilon ana laws, without impairing the dignity.
and equality OF lie States or OF individuals
! and that when hs was done the war should
cease. | do not say that this declaration was
! personally bihd ng on those who joined in
making ii. any more than individual members
OF congress are bound 10 pay public ot bt
created under law for which they vored.-
Is II 1t Was a solemn, official pledge Of h ma
'ionai honor, and | cannot imagine upon what
grounds the reputation Of it is to be juslined
Ii 1t be said that we are moi bound to keep
faith vii b rebels, let it be remembered thai
this promise not made to rebels uniy-
! Thousands Of true men in the South were
r"wl 10 our standard by it, and hundreds OF
| thousands III 'he North gave their lives ia he
belief that ii would be carried out. Ii was
made on the day after the first great battle OF
! the war had been fought and lost. All patr-
olc and intelligent m n hen SD 1.-THE neceSsi Y
OF giving such an assurance, and believed h It
Witnout 1t tAe War would end IN disaster &c
our cause. Having given that assurance in
the extremity OF peril, the violation of il
row in The day ofuur power would b. a rude
rending OF thar good faith which holds the
moral world together our country wonld cease
10 have any claim upon the confidence OF men;
Ii would make the war not only failure but a
I fraud.
Being sincerely convinced that these views
ar correct, would be unialhtul to my duty
ii | did not recommend the repeal of the att ,oi
congress VIII, h place ten OF the Southern
! STATES under Tie domination of military mas
Inn
ty Of your honorable bodies that he acts re-
ferred to are not only violation OF he nations
"a faith, but IN direct conflict with the Consti-
tuition dare not permit myself TO doubt that
you will immediately strike them from the
statute book.
To demonstrate the unconstitutional charac
| ter OF those acts, | need do no more han refer
to their general provisions. 1t must be'seen
at once that they are not authorized. To .'ic
tate what alterations shall he made in the
constitutions of the several States TO cen rol
the elections OF State Legislators and State off
GERS, members of Congress and electors of
President and Vice President. by arbitrarily
declaring VINO shail vote and who shall be ex-
Guided from that privilege; TO dissolve State
leg siatures or prevent hem from assembling
to DISMISS judges and other civil tuuctionarIes
OF the State, and appoin, others without r, gard
! TO State law; 10 organize and operate all the
political machinery of the States; TO regulat e
the Whole administration Of heir domestic and
local affairs according to the mere will OF
strange aud irresponsible agents, ut among
! them for that purpose--these are powers not
granted 10 the Federal Government, or to any
one of its branches. Not being granted, we
violate our trust by assuming the m as papa
bly, AS we would by acting in the face of a
positive interdict; for the Constitution forbids
us 10 do whatever it does not atfirmatlvely
au home either by express or by clear impli
cation. Ii the authority We desire TO use does
not come to us through the Constitution, we
can exercise ii only by usurpation, and usur-
patton is the most dangerous of political
crimes. BY that crime the enemies to free
government in all ages have worked out their
designs against public liberty and private
right. 1t leads directly and Immediately to
the es' Adjustment of absolute rule for undel-
egated power il always unlimited and unre-
strained.
The acts of Congress in question are not
Only Objectionable tor their assumption Of I'm
granted power but many OF their provisions
are III conflict with the direct prohibition of
the Constitution. The Constitution commands
that a republican 10 m of government shall be
guaranteed 10 all The States that no person
shall be deprived OF life, liberty, or property
without due process of law. arrested without a
judicial warrant, or punished without a fair