Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1867-12-14

hattie field was not the triumph OF Its
lawless principle; nor could congress,
with or without the consent of tbe ex-
ecutive, do anything which would have
the effect, directly or indirectly of sep
arating the states from each other. To
dissolve the union is to repeal the con.
stitution which holds it together, and
that is a power which does not belong
to any department of this government
or TO all OF them united. This IS so
plain that IL has been acknowledged by
an branches of the federal government.
The Executive Department, my pre-
decessor 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
ipdissoIubIe. Congress submitted an'
amendment Of the Constitution TO he
ratified by the southern states, and &C
ceuted their acts Of ratification as
necessary and lawful exercise OF their
highest function. If they were not
states. or were states ont of the Union,
t.,eir consent to a change IN the fund
amental law of the Union would have
been nugatory, and congress, IN asking
il. committed political absnrdity.
The judiciary has also given che sane
tion of its authority To the same view
of the case. The judges of the Supreme
Couyt have included the southern states
in their circuits, and they are constant
Nv. IN Virginia, North Carolina, and
elsewhere. exercising jurisdiction which
does not belong to them, unless these
States are states Of the nnion. III the
southern states are component parts OF
the union, the constitution ~ the SUI
preme law for them, as IT as Tor all
other states. They are bonnd to obey
IL. and so are we. TIL right of the
federal government, which A. clear aud
unauestionable, to enforce the consti-
tutIOn upon them, implies the correla-
tive obligation on our part TO observe
its limitations aud execute its guaran-
tees. Without the constitution We are
nothing. By, through and under the
constitution, we are what Il makes Us. -
Ws may doubt the wisdom OF the law;
We may not approve of it's provisions;
INT we can not violate it merely be-
eanse it seems to confne our powers
within limits narrower than we could
wish.
1t is not a question of individual, or
class, or sectional interest, much less
of party predominance. but of dnty /;
Of a high and sacred duty--which we
are all sworn To perform. 1T We can
not support the constitution with the
cheerful alacrity of those who love aud
believe in it, We must give to 1t at least
the fidelity of public servants who act
under solemn obligations and cnm.
mands which they dare not disregard.
This constitutional duty rs not the
only one which requires the states to be
restored; there is another considera-
ton which, though of minor import
ance, is yet of great weight. On the
22d of July, 1861, Congress declared,
by an almost unanimous vote of both
houses, that the war should be conduc-
ted solely for the purpose of preserv-
| ing the union and maintaining the SUI
premacy of the federal cOnsti utiOn
and laws, without impairing the digni
ty, equality, and rights of the states or
individuals, aud that when this
was done the war shOnld
cease. | do not say that this declara-
ton is personally binding on those who
Joined 10 making ii any more than in
diyIdual members of Congress are per-
sonaIly bound to pay pnblie debt Gre
ated under a law for which they voted;
but 1t was a solemn public official
pledge of National honor, and 1 can
not imagine upon what grounds repu-
diation of it is to be justified. III it be
said that we are not bound To keep
faith with rebels, let 1t be remembered
that this promise was not made TO reb-
els only. Thousands of true men in
the south were drawn to our STANDARD
by 1t. aud hundreds OF thousands IN
the north gave their lives III the belief
that it would be carried out. 1t was
made on the day at ter 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 believing that with
ont 1t the war would end in disaster to
our cause. Having given that assur-
anee ia the extremity OF our peril, the
violating of il now an the day of Onr
triumph wOuld be rnde rending of
that good faith which holds the moral
world together. Our country would
cease to have any clam upon the con
fidence of men. liz would make the
war not only failure, but fraud.
Being sincerely convinced that these
views are correct, | would be unfaith-
full to my duty If did not recommend
the repeal of the acts of congress which
place ten of the southern states under
the domination If military masters. -
III calm reflection shall satisfy major
ity of your honorable bodies that the
acts referred to are not only a violation
of the national faith, but in direct con-
fiict with the constitution, | dare not
permit myself to doubt bnt that you
will Immediately strike them from the
statute book.
UNCoNsTITUTIoNALITY OF THE RECON-
sTRUcTIoN ACTS.
To demonstrate the unconstitutional
character of those acts, | need do no
more than refer to their general pro-
visions. 1t must be seen at once that
they are not authorized to dictate what
alterations shall be made in the consti-
buttons of the several states; to control
the elections of state legislators and
state officers, members of congress and
electors of president and vice president,
by arbitrarily declaring who shall vote
aud who shall be excluded from that
privilege; to dissolve state legislatures
or prevent them from assembling;
10 dismiss Judges and other civil
functionaries of state, and APP
point others without regard to state
law; to Te-organlZe and operate all the
political machinery of the state; to
regulate the whole administration of
their domestic and local affairs, &C
cording to the mere will of the strange
and irresponsible agents, sent among