, 1867-12-20


ted poiitcal absurdity.
The jadieiary has also given the solemn sane.
tion oftIs aulhorty Of the same view Of the case.
The judges the supreme court have included
the Southern States in their circuits, aud they
are cousultly In Banc and elsewhere exercising
jurisdiction which does not belong to them, uu-
less those States are States Of the Union.
II the Southern States are component parts Of
the Union, the constitution is the supreme Law
for them, a. Il is for the other States. They are
bound TO obey IL, aud so are we. The right Of
the federal government, which is clear and unS
questionable, 10 enforce the constitution upon
them, impliei the eorrelatve obligation on our
part TO obseyse our limitations, and the execu'
tive lis QtatAntees. Withont. Abe constitution
we are nothing. By, through and under the
constitution we are what it makes US. We may
doubt the wisdom OF the law, we may not ap-
prove Of its provisions, but we cannot violate it
merely because il seems to con6ue our powers
within limits narrower than we would wish. Il
is not question of individual or class or sec.
tioual interest, much less Of party predominance,
but Of duty, of high and sacred duty, which we
are all sworn to perform. II we cannot support
the constitution 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 22d
day of july 1861, Congress declared, by an al.
most unanimous vote of both honses, that the
war should be conducted solely for the purpose Of
preserving the Union and maintaining the SUI
premacy Of the federal constitution and laws,
without impAiring the dignity, equality and
rights Of the States or of individuals, and that
when tois was done the war should cease. do
not say that this declaration is personally bind
ing on those who Joined in making it, any more
than individual members Of Congress are person
ally 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 repudi-
alton of it is to be justified.
iii be said that we are not bound 20 keep
faith with rebels, let it be remembered that this
promise was not made to rebels only. Thous>
ands of true men in the South we're 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. 1t 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 aI assurance,
aud believed that without il the war would end
in a disaster to our cause. Having given that
assurance in the extremity of our peril the vio-
laton os it now, in the day of our power, would
the mortal world together. Our country would
cease to have any claim upon the confidence Of
men. 1t would make the war not only failure,
but fraad.
Being sincerely convinced that these views
correct, would be unfaithfu to my duty if
did not recommend the repeal ofthose acts of
Congress vhichp placed ten of the Southern States
under the domination of military masters. II
calm reflection shall satisfy your honorable bod
les that the acts referred to are not only viola
ton of the national faith, but in direct conflict
with the consultation, dare not permit myself
to doubt that you will Immediately strike them
from the statute book.
To demonstrate the unconstitutional character
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 al
teratious shall be made in the constitution OF tue
several States; to control the elections Of state
legislators and state officers, members Of Con>
gress and electors of President, and Vice Presi-
dent, by arbitrarily declaring who shall vote aud
who shall be excluded from that privilege to
dissolve state legislatures, or prevent them from
assembling to dismiss judges and other civil
functonaries of the state and appoint others
without regard 10 state law to organize and
operate all the political machinery Of the States
to regulate the whole administration OF their
local and domestic affairs according to the mere
will of strange and irresponsible agents sent
among them for that purpose. These are pow
ers not granted 10 the federal government, or to
any one Of its branches. Not being granted, we
violate our trust by assuming them, as palpaoly
we would by acting 10 the face of positive
interdict, for the constitution forbids US to do
whatever it does not afirmatively authorize,
either by express words, or by clear implication.
IL the authority we desire to use does not come
to us through the constitution, we can exercise
it only by usurpaton, and gsurpation is the most
dangerous of crimes. By that crime the enc
emies of free government in ali ages have work
ed out their designs against public liberty and
private rights. 1t leads directly and mmedis
ately to the establishment of absolute rule for
uudelegated power is always unlimited and un-
restrained.
The acts of Congress in question are not only
Objectionable for their assumption of uugranted
power, but many of their provisions are in con-
iict with the direct prohibitions, Of the cOnsh-
tuition. The constitution commands that re-
publican form of government shall be guarans
teed to all the States that no person shall be
deprived of life, liberty, or property without due
process of law, arrested without judicial war
rant, or punished without fair trial before an
impartial jury aud the privilege OF habeas corr
corpus shall not be denied in time Of peace F; and
that no bill Of attainder shall be passed, even
against single individual. Yet the system of
measures established by these acts of Congress
does totally destroy and subvert the form as we'll
as the substance of republican government in
the States to which they applyit. 1t binds them
hand and foot in absolute slavery, and subjects
them to a strange and hostile power, more un-
limited, more likely to be abused, than any 9th
er now knaWn among civilized men. It trans
plies down all those rights in which the escence
Of liberty consists, and which a free government
is always'most careful to protect 1t denies the
habeAs corpus aud the trial By jury. Personal
freedom, property and life, if assailed by the
passion, the prejudice, or the rapacity of the
ruler, have no security whatever. Il has the ef-
feet Of bill OF attainder, or bill of pains and
penalties, not upon a few Individuals, but upon
whole masses, including the millions who 10.
habit the subjected States, and even their unborn
children. = These wrongs, being expressly for
hidden, cannot be constitutioually inflicted upon
any portion Of our people, no matter bow they
may have come within our Jurisdiction, and no
matter whether they live in States, Territories
or districts.
have no desire to save from the proper and
lust consequences Of their great crime those who
engaged IN the rebellion against the govern
ment, butas q mode Of punishment the meas
ures under eonsideration are the most unreason-
able that. could be invented. Many Of those