The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-12-04


and our posterity. " Nothing 5utim-
plicit obedience to its requirements
in all parts, of the country will accOmrT
plish these great endsD Without that
obedience we can look forward only
to continual outrages upon individual
rights, incessant breaches of pub
lie peace national weakness gfnauz
cial dishonor, total loss of our prop
erty, general corruption of morals
and the final extinction of popular
freedom. To save our country from
ends so appalling as these we should
renew our efforts again and again. To
me the process of restoration seems
perfectly plain and simple. 1t con-
sists merely in a faithful application
Of the Constitution and laws. The
execution of the law is not now OBJ
structed or opposed by physical force;
there is no military or other neces-
sity, real or pretended, which can pre-
vent obedience to the Constitution,
either North or South; all rights and
al obligations of States and individ-
uals. can be protected and enforced
by means perfectly consistent with
the Fundamental, law. courts may be
everywhere opened, and if open,
their 4 process would be unin-
peded; crimes against the Unit
lei States can be prevented i or
punished by proper judicial authori-
ties. ina manner entirely practical and
legal. There is. therefore, no reason
why the Constitution should not be
/ obeyed. Unless those who exercise its
powers have determined that it shall
be disregarded and violated, the
mere naked will of this Government, or
OF some one CT more of It's branches Is
/ the only obstacle that can exist to a
perfect Union Of all the States. On this
mOmentOus question and some OF the
/ measures growing outv of if, l had the
misfortune to differ from Congress,
and Lave expressed my conviction
I with ut reserve, though with becom-
4 ing difference to the opinion OF the
/ Legislative department. Those con-
/ victions were not only unchanged,
| but strengthened by subsequent events
| aud further reflections. The trans
cendent Importance of the subject
will be a sufficient excuse for calling
your attention to some Of the reasons
which have strongly Influenced my
own ,judgment. The hope that we
may all finally concur Ia a mode of
settlement consistent at once with our
true interests and with our sworn du-
ties to the Constitution, is too natural
/ an too just to be easily relinquished.
It IS clear to my apprehensiOns that
the States lately in rebellion are still
members OF the National Union.
4 When did they cease to be so? The
!. ordinances Of secession adopted by a
portion Of their citizens were mere
! nallities. If we admit now that they
3 were valid and effectual for the pur-
pose intended by their authors, we
sweep from under our feet the whole
ground upon which we justified the
war. Nv ere those States afterward ex-
gpelied from the Union by war? Di-
rectly the contrary was averred by
this Government to be its purpose,
and it was so understood by all those
who gave their blood and treasure to
aid In its, prosecution. 1t. cannot Tbe
that successful war waged for the
preservation Of the Union had the
legal effect OF dissolging it, The vic
tory Of the nations arms was not the
disgrace Of her policy. The defeat of
rsecession on the battlefield was not the
triumph of its lawless principle. Nor
iicould Congress. with or without the
! consent of the Executive, do anything
which would have the effect, directly
on indirectly. Of separating the States
nirom each other To dissolve tie
kUnion is to repeal the Constitution,
which holds it together, and that. is
a power which does not belong TO any
+ Departmental this Government, or
( to all of them united. This is so
ipIain that it has, been acknowledged
ny all Branches of the Federal Gov
eFument. The Executive my prede-
ceS>or, as we'll as myself, and the
heads of all the departments, have
uniformly acted upon the principle
hat the Union is not only undissolv-
ed, but indissoluble. Congress sub
= United an amendment Of the Consti-
tuition 10 the Southern States. and
accepted their acts OF ratification as a
necessary and la8fuhexercise 81 their
highest function. IF they were not
States, or were States out OF the
Il UaIon, this consent to a change in
the fundamental law Of the Union
jl.Rould have been nugatory. and Com
gress, N asking 1T, committed q politi-
+ dal absurdity. The Judiciary has
also given the solemn sauction of its
authority to the same view of the
4 case. The judges of the Supreme
Court have included the Southern
States In their circuits, and they are
constantly IN b1mc and elsewhere, ex-
ercising jurisdiction which does not
belong TO them, unless those States
are States of the Union. IL the
Southern States are component
parts of the Union. the Consti-