Year: 1867




tended by their authors, we sweep from
under our feet the whole ground upon
which we justified the war. Were those
States afterward expelled from the Union
by war? Directly the contrary was aver
red by this Government to be its purpose,
and it was so understood by all those who
gave their blood and treasure to aid in its
prosecution. 1t can not be that success
full war waged for the preservation of the
Union had tho 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
triumph of its lawless principle. Nor
could Congress, with or without the con-
sent of the Executive, do anything which
would have the effect, directly or Indirect
ly, of separating the States from each 9TH
err. To dissolve the Union is to repeal
the Constitution, which holds it together,
and that is power which does not belong
to any Department Of this Government, or
to all of them united This is so plain
that it has been acknowledged by all
branches of the Federal Government.
The Executives my predecessor, as we'll as
myself, and the heads Of all the depart
ments, have uniformly acted upon the
principle that the Union is not only undis-
solved, but indissolube. Congress sub
mitted an amendment of the Constitution
to the Southern States, and accepted their
acts of ratification as a necessary aud law
full exercise of their highest function. If
they were not States, or were States out Of
the Union, this 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 sane
ton 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
IN 6aac and elsewhere, exercising jurisdc-
ton which does not belong to them, unless
those States are States Of the Union. If the
Southern States are component parts of the
Union, Constitution is the supreme law for
them, as it is for all other States. They are
bound to obey it, and SO are we The
right of the Federal Government, which is
clear and unauestionable to enforce the
Constitution upon them, implies the core


ative obligations on our part to observe
its limitations and execute its guarantees.
Without the Constitution we are nothing.
By, through aud under the Constitution,
we are what it makes US. We may doubt
the wisdom Of a law, We may not approve
of its provisions; but We cannot violate it
merely because it seems to confne our
power within limits narrower than We
could wish. 1t is not the question Of
individual or class or sectional intei ests,
much less Of party predominance; but OF
duty, of high and sacred duty, which We
are all sworn to perform. Ii we cannot
support the Constitution with the cheerful
aacrity OF those who love and believe in
it, we must give to it at least the fidelity
OF public servants who act under solemn
obligations and commands which they
dare not disregard.


The constitutional duty is not the only
one which requires the States to be re-
stored 4 here is another consideration
which, though of minor importance, is yet
of great weight. On the 22d of July,
1861, Congress declared by an almost
unanimous vote Of both Houses, that the
war should be conducted solely for the
purpose of preserving the Union and
maintaining the supremacy Of the Federal
Constitution and laws, without affecting
the dignlty, equality and rights of States
or individuals; aud that when this was
done the war should cease. | do not say
that this declaration is personally binding
on those who joined in making il, any
more than individual members Of Con-
gress are personally bound to pay public
debt created under law for which they
voted, but 1t was a solemn public official
pledge of national honor and l cannct
imagine upon what grounds the repudia-
tion OF it is to be justified. If it be said
thatwe are not bound to keep faith with
rebels, let it be remembered that this
promise was not made to rebels only.
Thousands of Union men in the 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 frst great battle of the war had been
fought and lost. All patriotic and intelli-
gent men then saw the necessity of giving
such an assurance, believing that without
it the war would end in disaster to our
cause. Having given that assurance in
the extremity OF oar peril, the violation of
it now, in the day of our power, would be
q rude rending Of that good faith which
holds the moral world together Our
country would cease to have any claim
upon the confidence Of men. 1t would
make the war not only failure, but a
fraud. Being sincerely convinced that
these views are correct, would be un-
faithful to my duty if did not recon
mend the repeal of the acts Of Congress,
which place ten of the Southern States
under the domination of Military masters.
If calm reflection shall satisfy a majority
OF your honorable bodies that the acts
referred to are not only a violation OF
national faith, but in direct conflict with
the Constitution, dare not permit myself
TO doubt that you will immediately strike
them from the statute book to demonstrate
the Unconstitutional character Of those
acts. l need do no more than refer to
this general provision. 1t must be seen at
once that they are not authorized to die
tate what alterations shall be made in
the Constitutions of the several States to
control elections OF State Legislators, State
officers, Members of Congress, and
Electors of President and Vice President
by arbitrarily declaring who shall vote
aud. who shall be excluded from that
ms.seI l..