Year: 1867

The Late InsurrectiOnRry StnteBs l.-r4


1t is clear to my apprehension that the States lately
in rebellion still members Of the National Union.
When did they cease to be so? The "ordnances Of Sc
cessonp adopted by portion-in most of them very
small portion--Of their citizens were mere utilities II
We admit now that they were valid and efIectual for
the purpose intended by their authors sweep from
under feet the whole ground upon which we JUS
titled the Were those States afterwards expelled
from the Union by the war9 The direct contrary was
averred by thsgovernment to be its purpose and was
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 o the Union had the legal effect Of dis
solving 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
principles; could Congress, with or without the
consent Of the Executive, do anything which would
have the effect directly or indirectly separating the
States from each other To dissolve the Union Is to
repeal the Constitution which holds 1t together, and
that is power which does not belong to any depart
Of the government, or to all Of them united.


This is so plain that it has been acknowledged by
all branches of the Federal Government. The Execu-
tive, my predecessor, well as myself and the
heads Of all the departments have uniformly acted upon
the principle that the Union is not only undseolved
but indssoluble Congress submitted an amendment
to the Constitution to be ratified by the southern
States, and accepted their acts of ratification a
cessary and lawful exercise of their highest function
If they were not States or were States out Of the
Union, their consent to change in the fundamental
law Of the Union would have been nugatory, and
Congress in asking it committed political absurdy


The Judiciary has also given the solemn sanction OF
its authority to the view OF the The Judges
of the Supreme Court have included the Southern
States in their circuits, and they constantly in
banc and elsewhere, exercising Jurisdiction which
does not belong to hem unless those States are States
of the Union. If the Southern States are component
parts of the Union, the Constitution is the supreme
law for them, as it is for all the other States. They
tor Ohavi Tha rio tOlf fhu
Federal Government which is clear and unquestiOn-
able to enforce the Constitution upon them, implies
limitations and execute its guarantees Without the
Constitution we nothing; by, through aud under
the Constitution we are what 1t makes us.


We may doubt the wisdom of the law; we may not
approve of its provisions, but we cannot violate it
limits narrower than we could wish. 1t is not a
question OF individual or class or sectional interests,
much less of party predominance, but OF dptyof high
and sacred duty-which we all sworn to perform.
we cannot support the Constitution with the cheer
must give to it. at least the delty Of pubic servants
who act under solemn obligations and commands
which they dare not disregard. Inc constitutional
be restored; there is another consideration, which,
though OF minor Importance, is yet Of great weight.
Object of the Late War.


On the 22d day of July 1861, Congress declared by
almost unanimous vote of both Houses that the war
should be conducted solely for the purpose of presery
Federal Constitution and laws, without impairng the
dignity, equality and rights of the States or OF indi-





cease do not say that this declaration is personally
binding on those who Joined in making it, any more
bound to pay public debt created under law foSy
which they voted. But 1t solemn public official
pledge OF the national honor. and cannot imagine
upon what grounds the reputation Of 1t is to be
justified.


If it be remembered, this promise was not made
10 Rebels only. thousands of true men in the South
were drawn to our standard by it. and hundreds of
thousands in the North gave their lives in the belief
after the first great battle OF the war had been fought
and lost. All patriotic aud intelligent men then saw
eved that without It the war would end in disaster to
our cause. Having given ehat assurance in the ex-
tremy of our peril the violation oft now in the day
Of our power would be arude rending Of that good
| faith which holds the moral world together. Our
| fdence of men, 1t would make the war not only
| failure but fraud.


Opposition to Military RecOnstructiOn.


Being sincerely convinced that these views are cor
| rect would be unfaithfu to my duty if did not
recommend the repeal of the acts of Congress which
place of the Southern States under the domina-
nSh OF @ N @ cain bedss th. sIS ths
acts referred to are not only violation OF the ma
tonal faith, but in direct conflict with the Consu-
ton, dare not permit myself to doubt that you will
Immediately strike them from the statute book. To
demonstrate the unconstitutional character of those
acts need do no more than refer TO their general


1t must be seen at once that they are authorized
TO dictate what alterations shall be made in the con-
situtions of the several States to control the cleo


ons of State legislators and State officers, members
OF Congress and electors OF President ana vice frel-
dent BY arbitrarily declaring who shall vote ana who
shall be excluded from that privilege; to dissolve
State Legislatures or prevent them from assembling
to dismiss judges and other civil unctionaries OF the
State and appoint others without regard TO state law;
to organize and operate all the political machinery OF
the States; to regulate the whole administration OF
their domestic and local affairs according to the mere
will of strange and irresponsible agents sent among
| them for that purpose.


These are powers not granted to the Federal Co
vernment or to any one OF its branchesj not Demg
granted violate In the face of positive lner9lct
for the Constitution orbids us to do Whatever oes
not afrmativey authorize even by express WOius ot
| by clear implication. If the authority we desire W
does not come to through the Constitution, VIC
exercise it only by usurpaton, and usurpaAon -
the most dangerous OF political crimes. ny lhat elln &


the enemies of free government in all ages nave
| worked out their designs against public liberty ana
private right. 1t leads directly and Immediately q
the establshmentof abs0lute rule, Tor undelegateu
| power is always unlimited aud unrestrained. .


The acts of Congress IN question, not only OBJ
iectionabe for their assumption OF ungranted power


but many Of their provisions are in conflict with the
| tuition commands that republican form OF govern
| ment shall be GUARANTEED to all the States: that no
person shalipe deprived OF life, liberty property,
without due process Of law arrested without udis
cal warrant, punished without fair trial bese AN
impartial jury tnat the privilege OF habeas corpus
snal nor pc esnie1 IN time of peace. and that bill
q ettalnuer snall De passed even against single In
dvidual. Yet the system of measufes estabis6ed by


ese acts OF Congress does totally subyer and destroy
| the form as well as the substance OF republican
X k'bbvld@SnL b @ an the ten States to which they apply
~ pinus them hand and foot In absolute slavery. and
/ suNeets Ihem to strange and hostile power more
| utinllnllea ana more likely to be abused tnan any
| oVleI now known among civilized men, ~,


~ HaInples down all those rights In Whlch the eh.
sehee OF liberty consists and which free goyerhhent
| Is always most careful to protect IL denies the
haDeas corpus and trial by jury. Personal Teeaons
property and life If assaulted by the passion, the pre-
ludlee or the rapacity the ruler have no security
Whatever. 1t has the effect OF bill OF attalnder, or