Year: 1867

and as the execution OF the laws Is not


now obstructed or opposed by physi-


cal force, there is no military or other


necessity, real Or pretended, which can


prevent obedience to the Constitution


either North or South. Az rights


and all obligations of States and indi-


viduals can be protected and enforced


by means perfectly consistent with
fundamental law. Courts may be


everywhere open, and if open, theil


process would be unimpeded, and


crimes against the United States can be


prevented or punished by proper judi


cial authorities in a manner entirely


practicable and legal. There is, there


fore, no reason why the Constitution


should not be obeyed, unless those who


exercise its powers have determined


that it shall be disregarded and isolat-


ed as the mere naked will of the Gov


ernmcnt, or of some one or more of its


branches, in any obstacle that can exist


to perfect the Union of all the States


on the momentous question, and some


of the measures growing out of it, had


the misfortune to differ from Congress,


and have expressed my conviction


withoutrcserve, though with becoming


Difference to opinions of the Legislative


Department, those convictions were


not only unchanged, but strengthened


by subsequent events, and further re-


Election, Of transccndent Importance to


the subject. 1t will be a sufficient ex-


cuse for calling your attention to some


of the reasons which have so strongly
influenced my own Judgment. Hope


that we may all finally concur in a


mode of settlement, consistent at once


with our true interests and with our
sworn duties to the Constitution. Ii
is too natural and too just to be easily
rclinquishcd. 1t is clear to my apprc-
heasion that the States lately in re-
bclIion are still members of the
National Union. When did they
cease to be so ? Ordinances of scces-
sion adopted by a portion-in most of
them very small portion Of their citi-
2ens were nullitics. five admit now
that they were valid and ctfcctual for
purposes intended by their authorities,
we sweep from under our feet the
whole ground upon which we justified
the war. Were these States afterwards
expelled from the Union by the war?
Directly the contrary was avcrrcd by
this Government to be its purpose, and
was so understood by all those who
gave their blood and treasure 10 aid in
its prosecution. 1t cannot he that a
successful war wagcd for the prescrva-
ton OF the Union, had the legal effect
Of dissolving it. The victory of the
nations arms was not disgrace of her
policy. The defeat Of secession on the
battlc-feldwas nota triumph Of its law
less principle, nor could Congress, with
Or without the consent of the Execu-
tive, do anything which would have
the effect, directly or indirectly of scpa-
rating 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 be-
long to any part Of this Government
or to all of them united. This is so
plain that il has been acknowledged by
all branches of the Federal Govern
mcnt. My predecessor, as well as my
self and the heads of all the depart
ments, have uniformly acted upon the
principle that the Union is not only
undissolvcl but indissoluablc, Con-
gress submittcl an amendment of the
Constitution to be ratified by the
Southern States, and accepted their
acts Of ratification as a necessary and
lawful exercise Of their highest tunc-
tion. If they were not States, or were
States out Of the Union, their consent
to a change in the fundamental law OF
the Union would have been nugatory,
and Congress, in asking it, committed
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 circles, and they are
constantly.in bane and elsewhere excr-
cising jurisdiction which does not be-
long to them unless those States are
States of the Union. If the Southern
States are component parts of the
Union, the Constitutionis is supreme law
for them as well as for all other States
they are bound to obey it and so are
we. Right of Federal Government
of which is clear and unqucstionabie
to enforce the Constitution upon them
and implicscorrellativc obligations on
our part to observe its limitations and
execute its guarantees. Without the
Constitution we are nothing. BY,
through and under the Constitution
we are what it makes us. We may
doubt the wisdom of law, we may not
approve of its provisions, but we can
not violate it merely because it seems
to confne our powers within limits
naIower than we could wish. 1t is
not a question of individual or class or
sectional interest, much less of party
forbcarance, but of duty, high and sa-
cred duty, which we are all sworn to
perform. If 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
and commands which they
lare not disregard. Constitutional
luty is not only one which requires
yt,t.,, D., bo rastnraJ huf tharo is op