Year: 1867




found aud patriotic concern. We may, hoWev-
ever, find some relief from that anxiety, 10 the
reflection that the painful situation, although
before uutried by ourselves, is now (uot) new 10
the experience of nations. Political science,
perhaps as highly perfected 10 our own time and
country as in any other, has not yet disclosed
any means by which civil wars can be absolute
ly prevented. An enlightened nation, however,
with a wise and beuehcent constitution Of tree
government, may diminish their frequency and
mitigate their severity by directing all its pro-
ceedings in accordance with its fundamental
law.


When a civil war has been brought to a close,
it is manifesty the first interest aud duty Of the
state to repair the injuries which the war has
inflicted aud to secure the benefit of the lessons
it teaches as fully aud as speedily as possible.
This duty was, at the termination of the rebels
lion, promptly accepted, not only by the exeeu-
tive department, but BY the usurrectionary states
themselves, aud restoration 10 the 6rst month Of
peace, was believed to be as easy and certain as
it was indispensable.


The expectations, however, then so reasona-
bly, and confidently entertained, were disap>
pointed by legislation, from which felt con-
strained, by my obligations 10 the constitution,
to withhold my assent. 1t is therefore source
of profound regret that, in complying with the
obligation imposed upon the president by the
constitution, to give to congress from time to
time information Of the state Of the Union, | am
unable to communicate any definite adjustment
satisfactory to the American people, of the ques-
tions which, since the close of the rebellion,
have agitated the public mind.


On the contrary, candor compels me to declare
at this time there is no Union, as our fathers unN
derstood the term, and as they meant it TO be
understood by us. The Union which they es>
tablshed can exist only where all the states are
represented in both houses of congress, where
state is as free as another to regulate its in
ternal concerns according to its own will, and
where the laws of the central government are
strictly confined to matters of national jurisdc
ton, and apply with equal force to all the peo-
pie of every section. That such is not the pres
eut state of the Union is a melancholy fact, and
we all must acknowledge that the restoration of
the states TO their proper legal relations with
the federal government and with one another,
according to the terms of the original compact,
would be the greatest temporal blessing which
God, in His kindest Providence, could bestow
upon this nation. 1t becomes our imperative
duty to consider whether or not it is impossible
to effect this most desirable contamination. The
Union and the Constitution are inSeparable.-
As long as one is obeyed by all parties, the 9th
er will be preserved and if one is DESTROYED
both must perish together. The distraction of
the constitution will be followed by other and
still greater calamities. 1t was ordained not
only to form a more perfect union between the
states, bu. 10 establish justice, insure domestic
tranquility, provide for the common defence,
promote the general welfare, and secure the
blessings Of liberty to ourselves and posterity.
Nothing but implicit obedience to its requires
ments, in all parts of the country, will accom-
plish these great ends. Without that obedience
we can look forward only to continual outrages
upon individual rights, incessaut breaches of
the public peace, national weakness, financial
dishonor, the total loss Of our prosperity, the
general corruption Of morals, and the fual ex
tinction of popular freedom.


To save our country from evils so appalling as
these we should renew our efforts again and
again. To me the process of this restoration
seems perfectly plain and simple. 1t consists
merely in a faithful application of the constitu
tion and laws. The execution of the laws is lot
now obstructed or opposed by physical force
There is no military or other necessity, real or
pretended, which can prevent obedience to the
constitution, either in the North or in the South
All the rights and ali the obligations of states
and individuals be protected and enforced
by means perfectly consistent with the funda-
mental law. The court may be everywhere
open, and if open their process would be unim
peded Crimes against the United States csn be
prevented or punished by the proper Judicial au-
tbority in a manner entirely practicable and le
gal. There is, therefore no reason why the cons
stitution should not be obeyed, unless those who



be disregarded and violated. The mere naked
will of this government, or of some one or more
of its branches, is the only obstacle that can
ist to-. a perfect union of all the states.


On this momentous question, and some of the
measures growing out of it, ] have bad the mis-,
fortune to differ from Congress- and have ex-
pressed my conviction without reserve, though
with becoming Difference, to the opinion of the
| legislative department Those convictions are
not only unchanged, but strengthened by subse>
queut events and further reflection The trans>
cendent importance of the subject will be sufi-
cient excuse for calling your attention to some
of the reasons which have so strongly influenced
my own judgment. The hope that we may all
| finally concur in a mode of settlement consistent
at once with our true interests and with sworn
duties to the constitution is too natural and too
just to be easily reliuquished.


| 1t is clear to my apprehension that the states
| lately in rebellion are still members of the Ma
tional Union. When did they cease to be SO d?
| The ordinances of secession adopted BY por>
ton, in most of them very small portion, of
their citizens, were mere utilities. If we admit
now that they were valid and effectual for the
| purposes intended by their authors, we sweep
from under our feet the whole ground npon
which we justified the war.


| Were those states afterwards expelled from the
| Union by the war? The direct contrary was
averred by the government to be it's purpose and
was so understood by all those who gave their
blood and treasure to aid in its prosecution. 1t
cannot be that successful war waged for the
| preservation of the Union bad the legal effect Of
dissolving it, The victory of the nations arms
was not the disgrace of her policy. The defeat
of secession on the battlefield was not the tri>
umPh of its lawless principle, nor could congress
with or without the consent of the 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
power which does not belong TO any depart.
ment of this government, or to all of them uni
ted. This is so plain that it has been acknowl-
edged by all branches of the federal government.
The executive, my predecessor, as well as my.
self, aud the beads of all the departments, have
uniformly acted upon the principle that the Un.
ion is not only not dissolved, but indissoluble.


Congress submitted az amendment Of the con.
stitution to be ratified BY the Southern States
and accepted their acts Of ratification as a ne
eessafy and lawful exercise Of their highest func
ton. II they we're not States, or were States
] out Of the Union. their consent 70 change in