Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1867-12-07

10 DC lis purpose anu Wds 81 uuue'''oou
by all those who gave their blood and
treasure 10 aid in its prosecution. 1t can
moi be tina, successful war, waPed for
the preservation of the Union. had The e-
gal effec. Of dis.olving it. The victory OF
the nations arms was no, the disgrace OF
her policy. The defeat Of secession on
The battle field was not the triumph OF liz
lswless principle; nor could Congress
with or without the consen, of The Execu-
tive, 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 i, together, and tina, is a power
which does not belong TO any department
of this Government, or 10 all of them uni.
ted. This is so plain that |! has been &C.
knowledged by all branches of The FEEDER
al Government. The Executive. (my
predecessor as well as myself,) and The
heads OF all the departments, have uni
iormly acted upon the principle that the
Union is not only undlssolved, but indis-
soluble. Congress submitted an amend
ment of the Constitution 10 be ratified by
the Southern States, and accepted their
acts of ratification as necessary and law
ful exercise of their highest function. If
they were no, States, or were States out
Of The Union, their consent 10 change in
the Fundamental law of The Union would
have been nugatory, and Congress IN ASK
ing il committed a political absurdlty.
The Judiciary has also given the solemn
sanction OF lis authority 10 the same view
of the case. The Judges of the Supreme
Cour, have included the Southern States
in their circuits, and they are constantly,
in banc and elsewhere, exercising Juns-
dclion which does not belong 10 Them,
unless those States are States OF the u
Mon. If the Southern States are not
component paris OF The Union, the Consii-
tuition is the supreme law for Them, as il
is for all the other States. They are
bound 10 obey il, and so are we. The
right of the Federal Government. which
is clear and unqnes,ionable. 10 enforce The
Constitution upon them, implies the cor
relative obligation on our part 10 observe
It's limitations and execute its guarantees.
Without the Constitution we are nothing.
By, through and under the Constitution
we are what i, makes us. We may doubt
the wisdom Of the law; we may not ap-
prove OF lis provisions, but We cannot vi
olste il mere y because il seems TO conhne
our powers within limits narrower than
we could wish. Ii is not question Of
individual or class or sectional interest,
much less Of party predomiDance, but OF
duty, Of high and sacred duty, which we
are all sworn 10 perform.
If we cannot support the Constitution
with the cheerful alscrily Of those who
love and believe in it, we must give TO il
at least the fidelity of public servants who
act under solemn obligations and CON-
mands which they dare not disregard.
The constitutional duty is no, tie only
one which requires The States TO be re.
stored. There is another consideration,
which though Of minor importance, is we.
Of great weight. On the 22d day Of July,
1861, Congress declared, by an almost
unanimous vote OF both. Houses, that the
war should be conducted solely for the
purpose of preserving the Union and
maintaining the supremacy OF the Federal
Constitution and laws, without impaIring
The dignity, equality and rights of tie
States, or Of individuals, and that when
this was done. the war should cease. |
do no, say tina, this declaration is person
ally binding on those who joined in max
ing il any more than individual members
o! Congress are personally bo1nd TO pay
public debt created under law for which
they voted. BUTT was solemn public
official pledge of the national honor. and
| csnnot'imagine upon what grounds the
repudislion of it is TO be justified, if II be
remen bered that this promise was made
10 Rebels only. Thousands OF true men
in the South were drawn TO our standard
by il, and hundreds Of thousands in The
North gave their lives in the belief that II
would be carried out. 1t was made on
the day after the first great battle Of the
war had been fought and lost. All ps'ri-
otto and in,elligen, men then saw the ne
cessily of giving such an assurance. and
believed that without il the war would end
in disaster TO our cause. Having given
tha, assurance in the extremity OF our pc.
ril, the violation Of it now in The day OF
our power would be rude rending Of that
good faith which holds the moral world
together; our country would cease 10 have
any claim upon The confidence Of men, 1t
would mako the war not only failure
but fraud. Being sincerely convinced
tina, these views are correct, | "2nld be
to my duly il | did net recon-
mend The repeal Of the acts OF Congress
which place ten Of the Southern States
under the domination Of military masters.
II calm reflection shall satisfy msjorisy
Of your honorable bodies that the acts re.
ferred to are no, only violation Of the
national faith, but in direct conflict with
the Constitution, | dare not permit my
self 10 doubt that you will Immediately
strike them from the statute book. 10
demonstrate the unconstitutional chsrac-
ter Of those acts need do no more than