Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1867-12-06

without the consent Of the Executive, do
anything which would have the effect, di- !
rectly or indirectly, Of separating the States
from each other. To dissolve the Union is
to repeal tie Constitution which holds ii to-.
gether, and that is power which does not
Belong to any Department Of this Govern
meat, or to all of them united
This is SO plain that it has been acknowl-
edged BY all branches Of the Federal Gov
eminent. The Executive (my predecessor
as well as myself) and the heads of all the
Departments have uniformly acted upon the
principle that the Union is not only undissol-
we'd, but indissoluble. Congress submitted
an amendment of the Constitution to be rat
flied by the Southern States, and accepted
their acts of ratification as necessary and
lawful exercise of their highest function. II
they were not 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, in ask
idg it, committed political absurdity. The
Judiciary has also given the solemn sane
ton Of its authority to the same view Of the
case. The Judges Of the Supreme Court
have included the Southern States in their
circuits, and they are constantly in banc and
elsewhere, exercising jurisdiction which does
not belong to them, unless those States are
States of the Union. ag
| If the Southern States are component parts
of the Uuion, the Constitution is the su-
preme law for them, as it is for all the other
States. They are bound to obey it, and SO
are we The right Of the Federal Govern
ment, which is clear and unquestionable, to
| enforce the Constitution upon them, implies
the oorrelative obligation on our part to OBJ
serve it's limitations and execute its guaran-
ties. Without the Constitution we are
nothing; by. through. and under the Con-
| stitution we are what it makes US. We may
doubt the wisdom of the law, we may not
approve of its provisions, but we cannot vio-
late it merely because it seems to confne our
powers within limits narrower than we
could wish. It is not a question Of individ-
ual, or class, or sectional interest, much less
a party performance, but of duty-of high
and sacred duty-which we are all sworn to
perform. If we cannot support the Consti
tuition with the cheerful alacrity of those
who love and believe in it, we must give to
it at 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 which requires the States to be restored
There is another consideration which, though
of minor Importance, is yet of great weight
On the I'D day of July, 1861 Congress
declared, by an almost unanimous vote Of
both Houses, that the war should be con-
Quoted solely for the purpose of preserving
the Union, and maintaining the supremacy
of the Federal Constitution and laws, with
out impairing the dignity, equality, and
rights of the States or of individuals, and
that when this was done the war should
cease. / do not say that this declaration is
personally binding on those who joined in
making it, any more than individual mem
bers of Congress arc personally bound to
pay public debt created under law for
which they voted. But it was solemn,
public, official pledge of the national honor,
and cannot imagine upon what grounds
the reputation Of it is to be justified. If it
be said that we are not, bound to keep faith
| with rebels, let it be remembered that this
promise 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. It
was made on the day after 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 believed that withou. it the war would
end In disaster to our cause. Having given
that assurance in the extremity of our peril,
the violation of it now, in the day of our
power, would be rude rending Of that good
faith which holds the moral world together
our country would cease to have any claim
upon the confidence of men it would make
the war not only a failure, but fraud.
Being sincerely convinced that these
views are correct, | would be unfaithful to
my duty if | did not recommend the repeal
of the acts Of Congress which place ten of
the Southern States under the domination of
military masters. If calm reflection shall
satisfy a majority Of your honorable bodies
that the acts referred to are not only a vio-
lation of the national faith, but in direct
conflict with the Constitution, dare not
permit myself to doubt that you win imme-
diately strike them from the statute book
To demonstrate the unconstitutional char
acter of those acts, | need do no more than
refer to their general provisions It must
be seen at once that they are not authorized
TO dictate what alterations shall be made in
the Constitutions 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 and who
shall be excluded from that privilege; to
dissolve State legislatures or prevent them
from assembling /; to dismiss Judges and 9TH
er civil functionaries Of the State, and ap-
point others without regard to State law to
organize and operate all the political ma
chinery Of the States to regulate the whole
administration of their domestic and local
affairs according to the mere will Of strange
and irresponsible agents, sent among them
for that purpose-thcse are powers not
granted to the Federal Government or to
any one of its branches Not being gran
III - 4