The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-12-18

esytgtjyPS: The continued dlsorganlsatlon OF the
Union to which the President has so often called the
attention of Congress, is yet subject OF profound
a,5 natrotic concern We may however find some
T.f from that anxiety in the reflection that this
afr( political situation, although before untred by
'Ir.rIvcs is not new in the experience of nations.
Political science perhaps as highly perfected In our
oyn time and country in any other, has not yet dis
,fc.od anv means by which civil can be abso-
Tn,,I,. nrryeptpd An enlightened nation, however,
,;,h . wise and benefccnt Constitution OF free gov
r,,.,r NAV diminish their frequency and mitigate
tLnir severity by directing all its proceedings in ac
orl,uc- with its fundamental law. When civil war
{ boon brought to close it is manifeStly the first
;aet and duty of the State to repair injuries which
I ,or has inflicted and secure the benefit of the
isoas it teaches as fully and speedily as possible
TIf duty was upon the termination OF the rebellion
,,rorDy accepted not only by the Executive Depart
, but ly the nsurreCtiOn@ry States themselves and
rs,nr,tion in the first moment Of peace was believed
IN bn a. easy and certain as it was indispensable. EX
,cratjons however, then so reasonably and conf
E,r,Iv entertained were disappointed by legislation,
rn vlirh felt constrained by my Obligations to the
,,ri.ntioo to withhold my assent. 1t is, therefore,
a source of profound regret that III complying with
tlr obIioation imposed upon the President by the
Constitution to give to Congress from time to time
inflammation of the state of the Union, am unable to
aon,n,;cate any definite adjustment satisfactory to
,ha American people of questions which, since the
,oso of the rebellion have agtated the public
mind On the contrary candOr compelS me to declare
It + this time there is Union our fathers un-
so ood the term, and as they meant 1t to be under
s,ao3hv ux The Union which they established
it only where all the States represented in both
TI,,o, NJ ConnresS where one State is free
r To REGULATE its internal concerns according to its
own will and where laws OF central government
strictly confined to matters OF national jurisdiction
oDov with equal force to all people OF every section
Thai snch is the present state Of the Union' is
eat ond va all acknowledge that
te restoration of the States to their proper legal
rtion with the Federal Government and with one
another according to the terms OF the oEIglna compact
would be the greatest temporal blessing which God in
his kindest providence could bestow upon tins nation.
Tbaromps our imperative duty to consider whether
or not it is impossible to effect this most desirable
consnmmaon.
Union and the Constitution are inseparabe. AS
ono AZ one is obeyed by all parties the other will be
oresrrycd and if one is destroyed both must perish
toortbcr The destruction OF the Constitution will be
followed by other and still greater caamities. 1t was
nrd3incd not only to form more perfect union be-
tween the States but to establish justice, insure do
mestic Tranquility, provide for common defence, pro-
mote the General welfare and secure the blessings OF
liberty to Uu>clves and our posterlty." Nothing but
implicit obedience its requirements IN all parts OF
the co4ntry will accomplish these great ends With
out that obedience can look forward only to con
tinual outrages upon individual rights, incessant
breaches Of the public peace national weakness fnan
ca di,honor the total loss of our prosperity gene
raj corruption Of morals and the final extinction OF
popular freedom. TO save our country from evils so
appalling as these should renew our efforts again
and again To me the process OF restoration seems
perfectly plain and simple 1t consists mainly IN a
faithful application Of the Constitution and laws. Ihe
execution of the lIws is not obstructed or op-
posrd by phvsical force There is military or other
necessitv real or pretended which prevent obed
cnce to the Constitution either North or South All
rights aud all obligations of States and individuals
can be protected and enforced by means perfectly con-
sslcnt with the fundamental law. Courts may be
everywhere open, and if open their processes would
be uninDcdpd. Crimes against the United States can
be prevented or punished by the proper judicial au
hortes in a manner entirely practicable and legal
There is therefore, no reason why the ConStitu-
ton should not be obeycd, unless those who exer-
else its powers have determined that it shall be dsre-
gar!ed and violated. The mere naked will OF this
Government or Of some or more OF its bran
chCs is the only obstacle that exist to perfect
union of all the States this momentous question,
aud in some of tue measures growing out OF It, nave
had the misfortune to differ from Congress, and nave
expressed my conviction without reserve, tnough
with becoming Difference to the opinion Of the Legls-
ative Department. Those convictions are not only
UNCHANGED but strengthened by subsequent events
and further reflection. The transcendent Importance
Of tie subject will be sufficient excuse for calling
;our attention to of the reasons which nave so
StrOuTlY ln1ueHceu my own .luuS SiilCH' 49, i'"t
that we may all finally concur in mode OF settlement
consistent at with our true interests ana Win
our sworn duties to the Constitution, is too natural
and too lust to be easily relinquishcd.
THE STATUS OF THE REBEL STATES
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 so? Ordinances OF Sc
ccssion" adopted by portion, in most OF them a
very small portion of their citizens were mere nul
ties. If we admit now that they were valid and efec
tual for the purpose intended by their authors We
sweep from under feet the whole ground upon
which We justified the war were those states 'I'e'
ward expGlIed from the Union by the war? The d.
rect contrary was averred by this Government to DC
lis nurnoso and was so understood by all those who
gave their blood and treasure aid in It's prosecution
Il cannot be that successful waged for the pre-
servation of the Union had the legal effect OF cSSo'
ing it, The victory of the nations arms was not
disgrace of her policy the defeat of secession on the
battlefield was no triumph of its lawleSs principle
nor could Congress- with or without the consent OF
the Executive do ANYTHING which would have the Ell
feet directly CT indirectly, of separating the States
from each other. To dissolve the Union Is &c
repeal the Constitution which holds 1t toSelnef'
and that is mower which does not belong to any De
parmcut of this Government, or to all OF them united
This is so nlajn that it has been acknowledged by all
branches of the Federal Government. The Executive
(my predecessor as well myself ana the heads o
all the Departments have uniformly acted upon tae
principle that the Union is not only uhdlSSoFeu' ou'
ind<>oluble Congress submitted an amendment tc
the Constitution TO be ratified by the Southern States
and accepted their acts of ratification as necessary
and lawful exercise of their highest function II they
were not States or were States out OF the Union, thei
consent to change in the fundamental law OF tnc
Union would have oeen nugat0ry, and Congress III
asking it committed a political absurdlty The juu
ciary has also given the solemn sanction OF Its au
thorty to the same view of the case. The Judges OF
the Supreme Court have included the Southern states
III their circuits and they constantly IN them ano
elsewhere exercising jurisdiction which does not De
long 10 them unless those States are States OF the
American Union. If the Southern States are com
ponent parts of the Union, the Constitution Is 'he
Supreme law for them, it is for all other States
They are bound to obey it, and so are we. Inc r'Sh'
OF the Federal Government, which is clear ana uh
questionable enforce the Constitution upon them
implies the correatire obligation our part to oo-
serve its limitations and exercise its guarantees.
Without the Constitution we are nothing. BY,
through and under the Constitution are what II
makes us. We may doubt the wisdom of the law,
We may not approve Of its provisions but we cannot
violate " merely because 1t to contine our pow
'll- mits narrower than could wish. 1t Is
ot~o on Of individual, or class, sectional in
.r-, u. less of party predominance, but of duty,
@ and sacred duty which we are all sworn to
.." rl 4 we cannot support the Constitution with
'"'' n aacrity Of those who love and believe IN
F" - give to it at least the fidelity of public ser
npdpr Solemn ohira and commands