The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1867-12-11


perfectly consistent with the fundamental
law. The courts may be everywhere open,
and, if open, their process wonld be unim
pcdcd. Grimes against tho United States
can be prevented or punished by the proper
judicial authorities, in a manner entirely
practicable and legal There is, therefore.
no reason why the Constitution should not
be obeycd. unless those who exercise its
powers have determined that it shall be
disregardcd and violate |. The moro naked
will Of this Government, or of some one or
more of its branches, is the only obstacle
that cnn exist to u perfect union Of NIL the
States,
On this momentous question, and some
Of the measures growing out Of il, | hnyc
had the misfortune to differ from Congress.
and have expressed my convictions without
reserve, though with becoming Difference to
the opiniou ofthe Legislative Department.
Those convictions arc not only unchanged.
but strengthened by subsequent events and
further reflection. Thc transccndcnt i'm
portancc Of the subject will be n sufficient
excuse for calling your attention 10 some Of
the reasons which have so strongly infu-
cnccd my own Judgment. The hope that
we may all finally concur in n mode Of
settlement, consistent Mt once with our
true interests and with our sworn duties to
the Constitution, is too natural and too just
to be easily rcInqushed.
1t is clear TO my apprehension that the
States lately in rcbcllion are still membcrs
Of the National Union. When did they
cease to be 80? The ordinances Of seccs-
sion," adopted by II portion Tin most Of
them very small portion) of their citizens,
were nero nullitics. If we admit now that
they were valid and elleotual for the pur-
inf ln1 hv thnir VIZ
from under our feet the whole ground upon
which we justified the war. We're those
States afterwards expelled from the Union
by the war? The direct contrary was
averrcd 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. IL cannot be that q
successful var, waged for the preservation
Of the Union, had the legal effect of dissolv-
ing it. The victory Of the nations arms
was not the disgrace Of hcr policy; the
defeat Of secession on the battle field was
not the triumph Of its lawless pris ciples -
Nor could Congress, with or without the
consent Of the Executive, do anything which
would have the effect, directly or indirectly,
ofseparating the States from each other.
To dissolve tho Uuion is to repeal the Con.
stltution which holds it together, and that is
n power which does not belong to any
department of this Government, or to all Of
them united.
This is so plain that ii has heen acknow-
lodged by all branches of tho Federal Gov
crnmcnt. The Executive (my predecessor
rs well rs mysclf) and the heads Of all the
Departments have uniformly acted upon the
principle that tho Union is rot only andis-
solved, but indissoluble. Congress sub
mittcd m amendment of the Constitution to
be ratified by the Southern Statce, and
accepted their acts Of ratification as nee.
cssary and lawful exercise of their highest
function. Ifthcy were not States, or were
States out Of the Union, their consent to n
change in the fundamental law of the Union
would have been nugatory, and Congress,
in asking it, committed political absurd>
ty. The Judiciary has wiso given the sol
emn snnction Of its authority Of The same
view ofthc case The judges Of the Su,
prcmc Court have included the Southern
States in their circuits, and they nYc con-
stontly, IN banc and elsewhere, exercising
Jurisdiction which does not belong to them
unless those States arc States Of tho Uni
on.
If the Southern States arv component
parts Of the Union, tho Constitution is the
supreme law for them, rs it is for all the
other States They arc bound TO obey it,
and 50 are We The right Of the Federal
Government, which is clear and unqucs.
tionable, to enforce the Constitution upon
them, implies the correlativr obligation on
our part TO obscrvcts limitations and exc
cute its guarantees. without the Consitu,
ton we arc nothing; by, through, and
under tho Constitution we arc what it makes
us. We may doubt the wisdom of the law,
We may not approve Of its provisions, but
vi, al 81 n1,r 4
seems TO conGne our powers within limits
narrower than wo could wish 1t is not q
question of individual, or class, or sectional
interest, much less Of party predominance,
but Of duty---ofh high and sacred duty
which we aro all sworn TO perform. IT VIC
cannot support tho Constitution with the
chcorful alaority of those who love and
believe in it, VIC must give to it at least the
fidelity Of public servants who act under
solemn Obligations and commands which
they daro not disregard.
CONGRESSIONAL PLEDGES nErUDrArED.
Tho constitutional duty is not the only
one which requires tho State to bo restored.
There is another consideration which,
though of minor Importance, is yet Of
e. -: weight. On the 22d day Of July, 1861,
Congress declared, by almost unanimous
vote Of both Houses, that the war should be
conducted solely for the purpose of pro.
serving the Union, and maintaining the su.
prcmacy Of ihe Federal Constitution and
laws, without impairing tho dignity, equal-
ty, and rights Of the States or of indivi-
duals and that when this was done, tho
war should cease. do not sny that this
declaration Is personally binding on those
who Joined In making It, any moro than in
dividual members of Congress are person
ally bound to pay public debt created un.
der law for which they voted. But it was o
solemn, public, official pledge Of the ma
ional honor, and cannot imagine upon
what grounds, the repudiatton Of it Is to bo
justified. If it be snid >.siat we are not
! bound to keep faith With rebels, let it be
remembered that this promise was not
male 10 rebels only. Thousands Of true
men in the South wore drawn to our stands
ard by IL, and hundreds Of thousands In the
| North gave their lives in the belief that 1,
would be carried out. 1t was made on the
day after the first great battle of the war
had been fought aud lost. All patriotic
and intelligent men then cav the nocessitJ :