Year: 1867

intended by their authors, we sweep from
under our feet the whole ground upon
which We justified the war.


Were those States afterward expcll.
cd from the Union by the War? The
direct contrary was averred by this
Government to be its purpose, and
was so understood by all those who
gave their blood and treasure to aid in
its prosecution. 1t cannot be that IL
successful war, waged for the preser-
vation of the Union, had the legal cf.
feet 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 triumph
of its lawless principle, nor could Com
gress, with or without the consent of
the Executive, do anything which
would have the effect, either directly
or indirectly, of separating the States
from each other.


To dissolve the Union is to repeal the
Constitution which holds It together !;
that is power which does not belong
to any department Of this Government,
or to all of them united. This is 80
plain that it has been acknowledged by
all branches Of the Federal Government.
The Executive, my predecessor as we'll
as myself and the heads of the depart
ments, have uniformly acted upon the
principle that the Union is not only un-
dissolved. but iudissoluble. Congress
submitted an amendment of tho Consti.
tuition to be ratified by the Southern
States, and accepted their acts Of ra.iiica.
ton us necessary and lawful exercise
of their highest function. If they were
not States, or were States out Of the Un-
ion, their consent 20 n change il the fun.
damental law of the Union would have
been nugatory, and Congress in asking
II committed a political absurdity. The
Judiciary has also given the solemn sane
tion of its authority TO the same view OF
the case. The Judges of the Supreme
Court have included the Southern States
in their circuits, and they are constantly
IA, JdHc and elsewhere, exercising juris.
diction which does not belong TO them
unless these States are States Of the I'm.
ion.


IL the Southern States are component
parts of the Union, the Constitution IL
the supreme law for them as il is for the
other States; and they are bound TO obey
it, aud so are we. The right of the Fed.
eral Goyernment-which is clear and un-
questionable-to enforce the Constitution
upon them. implies the correlative obli.
CATION on our part to observe its limita.
tons aud execute its guarantees. With.
out the Constitution We are nothing; by,
through aud under the Constitution, We
are what il makes US. We may doubt
the wisdom of the law; we may not ap-
prove of its provisions; but wo cannot
violate them merely because it seems to
coDtinc our powers within narrower liui.
its than VIC would wish. IL is not a aucs-
ton of individual, or class, or sectional
interest, nor is it a question of party pre-
dominance, but Of duty, OF high and sa.
cred duty, which We are all sworn to per-
form. If We cannot support the Consti.
tuition with the cheerful alacrity Of those
who love and believe in it, We must give
to it at least the fidelity of public scr.
wants wbo act under obligations and CON-
mands which they dare not disregard
The constitutional duty is not the only
one which requires the States TO be re-
stored. There is another consideration
which, though Of minor importance, is
yet of great weight. On the 22d day of
January, 1861, Congress declared, by an
almost unanimous vote Of both Houses,
that the war should be conducted for the
purpose of preserving the Union and
maintaining the supremacy of the FEEDER.
al Constitution and laws without impair
ing the dignity and equal rights of States,
or of individuals, and that when this was
done the war should cease. do not say
this declaration is personally binding on
those who joined in making it, any more
than individual members of Congress arc
personally bound to pay public debt cre-
ated under law for which they voted
but it was solemn public official pledge
Of the national honor, and cannot imag.
inc upon what grounds the reputation of
it is TO be justified. If it be said we are
not bound to keep faith with rebels, let
it be remembered that this promise was
not made to rebels only Thousands OF
true men In the South were drawn to our
standard by it, and hundreds in the North
gave it their lives in the belief that il
would be carried out 1t was made on
tho day after the first great battle of the
war had been fought and lost. All pat
riotic and intelligent men then saw the
necessity of giving such an assurance,
and believed that without it the war would
end in disaster 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 rend-
ing of that good faith which holds the
molal world together. Our country
would cease to have any claim upon the
confidence of men. 1t would make the
war not only failure, but fraud. Be-
ing sincerely convinced that those views
are correct, would be unfaithful to my
duty if | did not recommend the repeal
of the Acts of Congress which place ten
of the Southern States under the domin.
ion of military masters. IF calm refec-
tion shall satisfy majority of your hon.
orable bodies that the Acts referred to
are not only violation of the public
faith, but in direct conflict with the Con-
stitution, | dare not permit myself to
doubt that you will Immediately strike
them from the statute book. TO demon
strate the unconstitutional character of
these Acts, need do no more than refer
to their general provisions. It must be
seen at once that they are not authorized