The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-12-12

publish the annual messages of the Presl
dent of the United States entire. Their
are now so many daily and tri, weekly pa
pers circulated throughout the country, tina
large class of readers get the messag
through these channels We think it there
fore hardly necessary to publish the docu
ment entire at this late period we Civ
below summary of the leading topics dis
cussed:
MATTERS OF RECONSTRUCTION.
To me the process of reconstruction seems
perfectly plain and simple. 1t consists
merely in faithful application of the con.
stitution and laws. The execution of the
laws is not now INSTRUCTED or opposed by
physical force. There is no military, or
other necessity, real or pretended, which
can prevent obedience to the Constitution,
either North or South. All the rights and
and all the obligations of States aud indi-
viduals can be protected and enforced by
means perfectly consistent with the funda-
mental law. Courts may be everywhere
opened, and if open, their process would be
unimpeded. Crimes against the United
States can be prevented or punished by the
proper judicial authorities in manner en-
tirely practicable and legal. There is, there
fore, 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 or more of its branches, is
the only obstacle that can exist to the per
| feet union of all the other states On this
momentous question, and some of the meas
ures growing out of it, | had the misfortune
to differ from congress, and expressed my
convictions without reserve, though with
becoming Difference to the opinion Of the
| legislative department. Those convictions
were not only unchanged but strengthened
| by subsequent events and further reAec
tions The transcendant Importance of the
subject will be a sufficient cause for calling
your attention to some of the reasons which
have SO strongly influenced my own judy
mentD The hope that we may all finally
concur IN a mode of settlement consistent
at once with our true interests, and with
our sworn duties to the constitution, s too
natural and too just to be easily relinquished.
THE REBEL STATES NOT OUT OF THE UNION.
1t is clear to my apprehension, that the
States lately in rebellion are still members
of the national Union. When did they cease
to be 80 The ordinance of secession adopt
ed by portion of these citizens were mere
utilities. If we admit now that they were
valid and effectual for the purpose intended
by their authors, we sweep from under our
feet the whole ground upon which we iusti.
fed the war. We're these States afterward
expelled from the Union by the war The
direct contrary was ayerred by this Govern
ment to be its purpose. and was 80 under
stood by all those who gave their blood and
treasure in its prosecution, 1t cannot be
successful war, waged for the preservation
of tie Union, had the legal effect Of dissoiv-
ing it. The victory of the nation arms
was not the disgrace of her policy. The
defeat of secession on the battlefield was
not tue triumph of it's lawless 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 con-
stitution which holds it together, aud that
is power which does not belong to any de-
partinent of this Government or to all of
them united This is so plain that it has
been acknowledged by all branches Of the
Federal Government
The Executive Department, my predeces-
sor as well as myself and the heads of all
the Departments have uniformly acted upon
the principal that the Union is not only un-
dissolved, but indissoIuble. Congress sub
United an amendment Of the Constitution
to be ratified by the Southern States, and
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cessary and lawful exercise Of their highest
function. If they were not States, or were
States out of the Union, their consent to a
change in the fundamental law of the Union
weuld have been nugatory, and Congress,
in asking it committed political absurdity. |
The Judiciary has also given it the sanction |
of it's authority to the same view of IT,
case. The Judges of the Supreme Court
have included the Southern States i'll their
Circuits, and they are constantly in banc
and elsewhere, exercising jurisdiction which
does not belong to them, unless these States
are States of the Union If the Southern
States are component parts OF the Union, the
Constitution is the supreme law for them,
as it is for all other States. They are bound
to obey it, and so are we. The right of the
Federal Government, which is clear and un
questionable, to enforce the Constitution up
on them, implies the correlative obligation
on our part to observe its limitations and
execute it's guarantees Without the Con-
stitution we are nothing. By, through, and
under the Constitution we what it
makes us. We may doubt the Wisdom of
the law we may not approve OF its pro-
visions but we can not violate ii because
it seems to confne our powers within limits
narrower than we could wish.
Being sincerely convinced that these
views are correct, | would be unfaitbful 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 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 but that you will
Immediately strike them from the statue
book.
UNooNsTITUTIoNALITY OF THE RECONSTRUCTION
ACTS.
To demonstrate the unconstitutional char
acter of those acts, need do no more than
refer to their general provisions. 1t must
be seen at once that they are not authorized
to dictate what alterations shall be made in
tue 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 other civil functionaries Of State, and
appoint others without regard to State law;
to organize and operate all the political una
chinery of the State 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. These are powers not
granted 0 the Federal Government or to
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