The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-12-11
NO. 40
any Department of this Government or t"
all of them united.

all OF them united. fri ati.
This is SO plain that it has been acknowl-
edged by all branches Of the Federal govern.
ment. The Executive (my predecessor as
we'll as myself and the heads of all depart
ments have uniformly acted upon the prin-
ciple that the Union is not only undissolved,
but indissoluble. Congress submitted N.
amendment of the Constitution to be ratified
by the Southern States, and accepted their
acts of ratification as necessary and lawful
exercise of their highest function. IT they
were not States or were States out OF tl!'
Union, their consent to a change in the fun
damental law of the Union would bave-beci
nugatory, and Congress in asking It, COM
mitted political absurdity. The Judiciary
has alss given the solemn sanction of its al.
thourity to the same view of the case. Tho
Judges of the Supreme Court have inclu,l-
ed the Southern States in their circuits. and
they are constantly in banc and elsewhere,
exercising jurisdiction which does not be-
long to them, unless those States are States
of the Union. n
If the Southern States arc compone
parts of the Union, the Constitution is th"'
Supreme law for them, as it is for oil tho
other States. They are bound to obey it
and so are we. The right of the Feder"l
Government, which is clear and unquestioii-
able, to enforce the Constitution upon them,
implies the correlative obligation 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. Wo
may doubt the wisdom of the law. we may
not approve Of its provisions, but we cannot
violate it merely becsbse it seems to confne
our powers within limits narrower than we
could wish. 1t is not question Of individ-
ual, or class, or sectional interest, much less
of party prcdominance, but Of dMty-of high
and sacred duty-which we are all sworn Ia
perform. II we cannot support the Consti-
tuition with the cheerful alacrity of thos;
who love and believe in it. we must give t"
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 22nd day of July, 1861, Congress de-
clared by an almost unanimous vote of both
Houses, that the war should be conducted
solely for the purpose of preserving the Un-
ion. and maintaining the supremacy of tlIo
|
pairing the dignity, equality, and the rights
of the States or of individuals, and that
when this was done the war should cease
l do not say that this declaration is person.
ally binding on those who joined In making
it. any more than individual members of
Congress are personally bound to pay a pub
lie debt created under law for which they
voted. But it was solemn, public, official
pledge oil the national honor, and cannot
imagine upon what grounds the repudiation
of it is to be justified. Ifit be said that We
are not bound to keep faith with the eFQho)vs
let it he remembered that this promise ~as
not made to rebels only. Thousands OF truu
men in the South were drawn to- our stand
ard by it, and hundreds of thousands in
the North gave their lives in the belief that
it would he carried out. 1t was made on
the day after the first great battle OF the war
had been fought and lost. All patriot
ic and intelligent men then saw the necessi-
ty of giving such an assurance. and believed
that without it the war WOULD emil
in disaster to our cause. Having given that
assurance in the extremity of our peril, tie
violation of it now, in the day Of our pow
er, would be a rude rending OF that COOL
faith which holds the moral world together; /;
our country would cease to have any claim
i upon the confidence of men; it would make
the war not only failure but fraud.
Being sincerely convinced that these views
are correct. / wonld be unfaithfnl TO my du-
ty if did not recommend the repeal of the
acts of Congress which place ten of tie
Southern States under the domination ct
military masters. Ifcalm reHectionshall salts.
fy majority of your honorable bodies thas
the acts referred to are not sOnlyal violation
of the national faith, but in direct conflict
with the Constitution, dare not permit my
self to doubt that you will Immediately
strike them from the statute book.
To demonstrate the unconstitutional
q character of those acts. need do no mor'
4 than refer to their general provisi0ns II
must be sent at once that they are not ATT
thorizetl. To dictate what alterations shai
be made in the Constitutions of the several
States; to control the elections of State le
gislators and State officers, members of Con
press and electors of President and Vice
I President, by arbitrarily declaring who shall
vote and who shall be excluded from that
.igl privilege; to dissolve State legislatures Of
|, prevent them from assembling, to dismiss
Judges and other civil functionarics of thu
State, and appoint others without regard t.
State law; to organize and operate all til,
political machinery of the States, to regu
late the whole administration of their do
mestic ans, local affairs according to th,
: mere will of strange and iHesponsibl
, agents, sent among them for that purpose
!. these are powers not granted to the Federa
!, Government or to any one Of its branches
Not heing granted, we violate Our trust b.
: assuming them, as palpably as we would b.
Q acting in the face Of u positive interdict
e for the Constitution forbids US to do what
1 ever it does not affirmatively authorize eth
y ,er By express words OF by clear implication
!, If the authority we desire to use does ne
4 come ~ us through the Consultation, we ca
!, exercise it only by usnrpatR.n; abd usurps
; tion is the most dangerous Of politics
crimes. BY that crime the enemies Of tn
g government in all ages have worked OF
# their designs against public liberty and pr
g yate right It lcads directly aud immed
y ately to the establishment Of absOlute rule
q for undeegatesl power is alwxys unlimitc
g and unrestrained "a n ssisi-
" The acts of Congress IN question are NJ
i only Objectionable for their assumption I
l. ungranted power, but many ot their provi
% ions are in conflict with the direct prohib
8 tians of the Constitution. The Constitutie
10 Commands that republican form Of go
" ernmcnt shall be guaranteed to ell the STATE
IS that no person shall be deprived of life, Ii
ir erty, or property,l ,lwithOut due process
n. law, arrested without judicial warrant,
Or punished without fair trial beibrc an Il
al partial Jury that the privilege of habs
ne corpus shall NOT be denied in time Of peac
er and that no hill of attainder shall be pass
i = n - H. WA