The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1867-12-12


ference to the opinion of tho legis-
Iilatiye department.. Those convic-
tions were not only unchanged, but
strengthened by subsequent events
and further reflection. The tram;
cendent Importance of the subject
will be a sufficient excuse for call
ing your attention TO some Of the
reasons which strongly infiu,
cnced my own Judgment. The
hope that wo may all finally con-
cur in a mode OF settlement consis-
tent at once with our true interests
and with our sworn duties to the
Constitution, istoo natural and too
just to be easily relinquished. ~
An Old Argument.
IL is, clear to my apprehension
thai tho States lately ifrebellion
are still meinbers OF the National
Union. When-did they cease to be
Iso2 Ordinances ofsecession, adopt.
ed by portion Of ber citizens,
were mere nullities. II we admit
now that they, We're. valid aud ef-
fcctual for the purpose intended
by their authors, we sweep from
under our feet the whole ground
upon which We justified the war.
We're those States aflerward ex-
! pelled from the Union by the war?
Directly the contrary was ayerred
by this Government to be it's pur-
pose, and was SO understood by all
those who gave their blood and
Treasure TO aid in it's prosecution.
| 1t can not be that a successful war
waged Tor the preservation of the
! Union had the legal effect of dis
solving IL. Tho victory Of the ma
tioD's arms was not the disgrace of
her policy. The defeat otseces
sion on the battle field was not the
triumph of its lawless principles.
Nor could Congress, with or with
out the consent OF tho 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 Constitution which holds
| it together; and that is a power
which does not belong to any de-
partment of this Government, or
TO all of them united. This is 80
plain that it has been acknowledged
by all branches ofthe Federal Gov
ernment. My predecessors, as well
as myself, and the heads of all the
departments have uniformly acted
upon the principle that the Union
is not only undissolved, but indis
soluble Congress submitted an
amendment of the Constitution to
the Southern States, and accepted
their acts of ratification as neces-
sary and lawful exercise of their
highest function. If they were
not States, or were States out of the
Union, their consent TO change
in the fundamental law Of the I'm
ion would have been nugatory, and
Congress, in asking it, committed
u political absurdity.
The Judiciary has also given the
solemn sanction Of its authority to
the same view Of the case. The
Judges of the Supreme Court
have included the Southern States
in their circuits, and are con.
stantly, on the bench and else.
where, exercising jurisdiction
which does not belong to them,
unless those States are States in the
Union.
If the Southern States are COM
ponent parts of the Union, the Con
stitution is the supreme law for
them, as it is for all the Other
; States. They are bound to obey it
and SO are we, The right of the
Federal Government, which is
, clear and unqucstionable,t TO enforce
| the Constitution upon them, i'm
plies the correlative obligation or
our part to observe its Limitations
and execute its guarantees. With
, out the Constitution we are moth
, ing Through and under the Con
stilution we are what it makes US
We may doubt the wisdom of The
; law; but we can not violate it mere
. Iy because it seems TO confine oul
powers within limits narrower
| than we could wish.
1t is not a question Of individual
t or class or sectional interest, mucl
less Of party predominancc, but O
| dlty-ot high and sacred duty
: which we are all sworn TO perform
!, If we can not support the Constitu
r tion with the cheerful alacrity o
f those who love and believe in it
y we must give to it at least the fl
: deity of public servnnts who &C
i, under solemn obligations and com
D mands which they dare not disre
gard.
Constitutional duty is not tn
, only one which requires the State
to be restored. There is anothe
consideration which, though Q
4 minor importance, is yet of grea
3 weight. On the 22d of July, 1861
i Congress declared by an almos
. unanimous vote Of both houses
: that the war should be conducte
!. solely for the purpose Of preseryin
I, the Union and lmaintaining th
Il supremacy Of the Federal Consti
1 tuition and laws, without impair
a ing the, dignity, equality an
\ rights of States or individuals
=, and that when, this was done th
Il war should cease. lido not say ths
!. this declaration is personally binS
d ing on those who Joined in maxim
!, il, any moro than Individual men
!. bers of Congress are PERSONAL
hound 10 nav q public dobt create