The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-12-04

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obedience, we can look forward only
to continual outrages upon individual
rights, incessant breaches of the pub
lie peace, national weakness, financial
dishonor, the total loss of our pros
perity, the general corruption of
morals, and the final extinction of
/ popular freedom. 10 save our coun-
try from evils so appalling as these,
we should renew our efforts again
and again.
To me, the process of restoration
seems perfectly plain and simple. It
consists merely in faithful applica-
ton of the Constitution and laws.
The execution of the laws is not now
obstructed or opposed by physical
force. There is no military or other
necessity, real or pretended, which
can prevent obedience to the Consti-
tuition, either North or South. All
the rights and all the obligations of
States and individuals can be pro-
tected and enforced by means per-
fectly consistent with the funda-
mental law. The courts may be
everywhere open, and, if open, their
process would be unimpeded. Crimes
against the United States can be pre-
vented or punished by the proper
Judicial authorities, in manner en-
tirely practicable and legel. There
is, therefore, no reason why the Con-
stltution should not be obeyed, unless
those who exercise its powers have
determined that it shall be disregard
ed 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 per-
feet union of all the States.
On this momentous question, and
some of the measures growing out of
it, 1 have had the misfortune to differ
from Congress, and have expressed
my convictions without reserve,
though with becoming Difference to
the opinion of the legislative depart
ment. Those convictions are not
only unchanged but strengthened by
subsequent events and further rehec-
ton. The transcendent importance
of the subject will be q sufficient
excuse for calling your attention to
some OF the reasons which have so
strongly influenced my own judg-
ment. The hope that we may all
finally concur in O mode of settle
ment, consistent at once with our
true interests and with our sworn
duties to the Constitution, is too
natural and too just to be easily re-
linquished.
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? The
ordinance of secession" adopted by
a portion Tin most of them very
small portion) of their citizens, were
mere nullities. 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 justified
the war. We're those States after
wards expelled from the Union by
the war? The direct contrary was
averred by this Government to be its
purpose, and was 80 understood by
all those who gave their blood and
treasure to aid in its prosecution. It
cannot be that o successful war,
waged for the preservation of the
Union, had the legal effect of dissolv-
ing 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 Con-
gress, with or without the consent of
the Executive, do anything which
would have the effect, directly or in
directly, of separating the 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 depart
ment of this Government, or to all of
them united.
This is so plain that it has been ac-
knowledged by all branches of the
Federal Government. The Executive
(my predecessor as we'll as myself)
and the heads of all the Departments
have uniformly acted upon the prin-
ciple that the Union is not only un-
dissolved, but indissolnble. Con-
gress submitted an amendment of the
Constitution to be ratified by the
Southern States, and accepted their
acts of ratification as necessary and
lawful exercise of their highest func-
ton. If they were not States, or
were States out of the Union, their
consent to a change in the fundamen-