The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1867-12-12


cient excuse for calling your attention to
some of the reasons which have SO strongly
influenced my own judgment. lhepe that
we may all finally concur in mode OF
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 Is
clear to my apprehension that the States
lately in rebellica are still members of the
National Union. When did they cease to
be so? Ordinances OF secession adopted
by q portion-in most of them very
small portion of their citizens-were mere
utilities. If we admit now that they
were valid and cffectual for the purposes
intended by their authors, we sweep from
under our feet the whole ground upon
which we justified the war. Were these
States afterwards expelled from the Union
by the war? Directly the contrary was
averred by this Government to be its pur-
pose, and was SO understood by all those
who gave their blood and treasure to aid
in its prosecution. 1t cannot be that a
successful war, waged for the preservation
of the Union, had the legal effect OF dis
solving it. The victory of the nations
arms was not a disgrace of her policy.
The defeat of secession on the battlefield
was not triumph of its lawess principle,
nor could Congress, with or without the
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
errment or to all of them united. This is
SO plain that it has been acknowledged by
al! branches of the Federal Government.
Ny predecessor, as we'll as myself and the
heads of all the departments, have uni
furmly acted upon the principle that the
Union is not only undissolved but indis-
soluble. Congress submitted an amend
ment of the Constitution to be ratified by
the Southern States, and accepted their
acts of ratification as necessary and law
fol exercise of their highest function. If
they were not States, or were States out
Of the Union, their consent to change IN
the fundamental law of the Union would
have been nugatory, and Congress, i'll 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
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 we'll as for all other States.
They are bound to obey it, and so are we.
The right of the Federal Government,
which is clear and upquestionable, 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 it makes US. We may doubt
the wisdom of law, we may not approve
of its provisions, but we cannot violate 1t
merely because it seems to contine 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 10 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 one which requires States to be re-
stored, but there is another consideration
which, though of minor importance, 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 conducted solely for the
purpose of preserving the Union and mains
tanning the supremacy of the Fedora!
Constitution and laws without impairing
the dignity and equality and rights of
States or individuals, and that when this
was done the war should cease. l 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 law for which
they voted bat it was solemn public
official pledge Of national honor. l can
not imagine upon what grounds repudia-
ton of it is 10 be justified. If it be said
that we are not bound TO 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 the day after he 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