Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-12-04

providc for the common defense, promote
the general welfare, and secure the bless
ings of liberty TO ourselves and our
posterity." Nothing but implicit ODE.
dience 10 it's requirements in all parts oil
the country will'accomplish this great
end. Without that obedience we can
look forward only to continual outrages
on individual right, incessant breaches
of public peace, national weakness,
financial distress, total loss Of our prop,
erty, general corruption Of morals, and
the final extinction Unpopular freedom.
To save our country from evils so
appalling as these, we should renew our
efforts again and again. To me the
process of restoration seems perfectly
plain aud simple. II consists merely In
a faithful application Of the Constitution
and laws. The execution Of the laws is
not now obstructed or opposed by physi'
cal force There is no military or other
necessity real or pretended, which can
nreyent obedience to the Constitution,
either North or South. All the rights
and all the obligations Of States and in
yiduals can be protected and enforced
hy means perfectly consistent with fun
damental law. Courts may be every
where opened, and if opened their pro-
cess would be unimpeded. Crimes
against the United States can be pre-
vented or punished by the proper
judicial authorities in manner entirely
practicable and legal.
There is, therefore, no reason why the
Constitution should not be obeyed, I'M
less those who exercise its powers
have determined that it shall be disre-
carded 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 perfect
union ofall the States.
On this momentous question and some
of the measures growing out OF II, had
the misfortune to differ from Congress,
and have expressed my convictions with /,
ont reserve, though with becoming defer
euce to the opinion Of the legislative de-
partmont Those convictions we're not
only unchanged but strengthened by
subsequent events and further refiee-
tons. The transcendant Importance
of the subject will be a sufficient excuse
for calling your attention to some reasons
which have so strongly influenced my
own Judgment The hope that we may
all finally concur in mode Of settlement
consistent at once with our true interests
and with our sworn duties to the Consti-
tuition is too natural and too just to be
easily relinquished.
1t is clear to my apprehension that the
States lately in rebellion are still mem
bers of the rational Uni2n. When did
they cease to be se2 The ordinances of
secession, adopted by portion of those
States, in most of them by very small
portion of their citizens, we're mere |
utilities. If we admit now that they |
we're valid and effectual for the purpose |
intended by their authors, we sweep from |
under our feet the whole ground upon |
which we justified the war.
Were those States afterward expelled |
from the Union by war? The direct |
contrary was averred by this government |
to'be its purpose, and was so understood |
bv all those who gave their blood and |
treasure to aid in its prosecution. 1t
cannot be that q successful war, waged |
for the preservation of the Union, had
the legal effect of dissolving it.
The victory of the nations arms was
not the disgrace of her policy. The |
defeat of secession on the battlefield was
not the triumph of its 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 States from
each other To dissolve the Union is to
repeal the Constitution, which holds it
together; and that is power which does
not belong to any department of this
Government, or to all of them united.
This is so plain that it has been ac-
knowledged by all branches Of the Fed
eral Government, legislative and execu-
tive. My predecessor, as well as myself
and the heads of the departments, have
uniformly acted upon the principle that
the Union is not only undissolved but
indissoluble Congress submitted an
amendment of the Constitution TO be
ratified by the Southern States, and ac'
eepted their acts of ratification as a
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 funda-
mental law of the Union would By nuga-
tory; and Congress, in asking it, COM
mitted political absurdity. The judi
ciary has also given solemn sanction of
its authority to the same view of the
case. The Judges Of the Supreme Court
have included the Southern States in
heir circuits, and they are constantly an
baaco and elsewhere exercising juris
liction which does not belong to them
1nless those 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
il, and so are we. The right of the Fed
sral Government, which is clear and I'M
to enforce the Constitution
ipon them, implies the corelative obi
yation on our part to observe its limita-
ion and execute its guarantees. With
out the Constitution we are nothing
By. through and under the Constitution
we are what it makesus We may doubt
the wisdom of the law, we may not ap
prove of its provisions, but we cannot
violate it merely because it seems to con-
fne our powers within limits narrower
han we could wish. 1t is not question
Of individual or class or sectional inter.
est, much less of party predominance,
but Of duty, which we are all sworn to
perform. If we cannot support the Con-
stitution 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 are each under sol
smn obligations and commands which
hey do not disregard.
Constitutional duty is not the only one I