Year: 1867

SO are We The right of Federal Gov
ornmont, which is clear and unques-
tiouablo to enforce the Constitution mp
Oh thcm. implies the eorrelatiye obliga-
ton on our part 10 observe lie hmita-
tions and execute its guarantees.


Without the Constitution we nothing;
but through and under the Constitution
we are what il makes us. We may
doubt tho wisdom Of the law; we may
not approve Of its provisions; but we
cannot violate it merely because il
seems 70 confne our powers within linn
its narrower than we could wish. 1t is
not a question Of individual, Of class or
sectional interest, much less Of party
predominance, bat Of duty Of high and
sacred duty which we are oil sworn 10
perform. II we cannot support the
Constitution with cheerful nlacrity OF
those who love and believe in il, We
must give TO il, at least, the fidelity OF
public,f who act under solemn
Obligations and commands which they
dare not disregard The constitutional
duty is not the only one which re-
quires the State 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 almost unani-
nous vote of both Houses, that the war
should be conducted solely for the pur-
pose of preserving the Union and
maintaining the supremacy Of the Fed
oral Constitution and laws, without i'm
pairing the dignity, equality and rights
OF tho States or individuals, or that
when this was done the war should
cease. ] do not say that this declara-
tion is personally binding on.those who
joined in making it any more than in
diyidual members Of Congress, arc per-
sonally bound to pay publicldebt Gre
ated under law for which they voted.
But it was 20 solemn, ,spublic goficial
pledge Of The national honor, and l can


not imagine on what grounds the repu-
diation Of it is to be justified. .EaIf it be
said that wo are not bound to keep
faith with rebels, let it be remembered
that this promise was not made to reb-
els only. Thousands OF true men in tho
South were 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 an assu-
rance, and believing that without such
an assurance, the war would end in dis
aster to our cause. Having given that
assurance in the extremity Of our peril
the violation Of it now in the day Of our
power, would be rude rendering of
that good faith which holds the moral
world together. Our country would
cease to have any claim upon the con-
| tidence of men; it would make the war
not only failure, but fraud.


THE RECONSTRUCTION LAWS.


Being sincerely convinced that these


views are correct l would be unfaith-
full to my duty if / did not recommend


the repeal Of the acts of Congress which


place ten of the Southern States under
tho Domination OF military matsers. II


calm reflection shallIsatisfy majority


Of your Honorable bodies that the acts


referred TO are not only violation oi


the national faith, but are in direct con-


iict with the Constitution, / dare not


permit myself to doubt that you1 will


Immediately strike them from the stat


ute-booE. To demonstrate the uncon.


stitutional character of those acts, ]


need do no more than refer to their
/ general provisions. 1t must be seen al


once that they are not authorized. Tc


dictate what alterations shall be made


in the constitutions Of the several States


to control the elections of State Legis-


latures and State officers, members o


Congress and electors of President and
Vice President by arbitrarily declaring


who shall vote and who shall be ex.


cluded from that privilege; to dissolve
/ State Legislatures or. prevent sthen


from assembling; to dismiss judges and


other civil functionaries Of the State and


appoint others without regard TO State


law; to organize and operate all the


political machinery Of the State, TO reg


ulate the whole administration of the


domestic and local affairs, according tc
the mere will Of strange and irresposi
bic agents sent among them for thar


purpose, These are powers not grant
. ed to the Federal Government or tC


any one Of its branches. Not being
granted we violate our trust by assum


ing them as palpably as we would by
J acting in the face Of positive interdict
for the Constitution forbids to do what.
ever it does not afiirmatively authoriz,
either by express words or by clear i'm
} plication. If the authority we desire
! TO use does not come to us through tn,
Constitution we can exercise it onl,


by usurpation, and usurpation is thu
most dangerous Of political crimes b
that crime the enemies Of free govern
ment in all ages have worked out theil
! designs against public liberty and pri.


vate right 1t leads directly and imme
, diately TO the establishment OF absolute
} rule--for undeligated power is Away
: unlimited and unrestrained The act
Of Congress in question are not only
: Objectionable for their assumption o
J ungranted power, but many Of then