Year: 1867




called the attention of Congress, is yet
subject of profound and patriotic concern.
We may, however, find some relief from that
anxiety in the reflection that the painful po-
litical situation, although before untried by
ourselves, is not new in the experience of
nations. Political science, perhaps as high
1y perfected in our own time and country as
in any other, has not yet disclosed any
means by which civil wars can be absolutely
prevented An enlightened nation, however,
with wise and benefccnt Constitution of
free government. may diminish their fire.
quency and mitigate their severity by direct
ing all its proceedings in accordance with
its fundamental law. -.


When a civil war has been brought to
close, it is manifestly the first interest and
duty of the State to repair the injuries which
the war has inflicted, and to secure the ben
eft of the lessons it teaches as fully and
speedily as possible This duty was, upon
the termination of the rebellion, promptly
accepted, not only 10y the Executive Depart
ment, but by the insurrectiOnary States
themselves, and restoration, in the first mo-
ment of peace, was believed to be as easy
and certain as it was Indispensable The
expectations, however, then so reasonably
and confidently entertained, were disappoin-
ted by legislation from which felt con-
strained by my obligations to the Constitu-
ton to withhold my assent.


1t is therefore source of profound regret
that. in complying with the obligation i'm
posed upon the President by the Constitu-
ton. to give to Congress from time to time
information of the state of the Union, l am
unable to communicate any definite adjust
ment, satisfactory to the American people,
of the questions which, since the close ofthe
rebellion, have agitated the public mind
On the contrary. caudor compels me to de-
| clare that at this time there is no Union as
! our Fathers understood the term, and as they


meant it to be understood by us. The Union


which they established can exist only where


all the States are represented in both Houses
of Congress; where one State is as free as


another to regulate its internal concerns ac-


cording to its own will and where the laws


of the central government, strictly confined


to matters of national Jurisdiction, apply


with equal force to all the people of every


section That such is not the present '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 ori-


ginal compact, would be the greatest tenn


poral blessing which God, in his klndest


providence, could bestow upon this nation.


1t becomes our imperative duty to consider


whether or not it is possible to effect this


most desirable consummation. -r.s


The Union and the Constitution are in


separable As long rs one is obeyed by all


parties, the other will be preserved, and IL


one is destroyed both must perish together


The destruction of the Constitution will be


followed by other and still greater calamities


It was ordained not only to form more


perfect union between the States. but to "es-


tablish Justice, insure domestic tranquility,


provide for the common defence, promote


the general welfare, and secure the blessings


OF liberty to ourselves and our posterity." /"
i, Nothing but implicit obedience to its re-


quirements in all parts of the country will


accomplish these great ends. Without that
obedience, we can look forward only to con-


tinual outrages upon individual rights, in
cessant breaches of the public peace, nation


al weakness, financial dishonor, the total loss


of our prosperity, the general corruption OF


morals, and the final extinction of popular


freedom To save our country from evils SO


appalling as these. we should renew our ef-
e forts again and again.
s To me the process of restoration seems
] perfectly plain and simple. Itconsists mere
/ ly in a faithful application Of the Constitu
: ton and laws. The execution of the laws
: is not now obstructed or opposed by physi
# cal force. There is no military or other ne
d cessity, real or pretended, which can prevent
n obedience to the Constitution, either Nortl
d or South All the rights and all the obliga
g tions of States and individuals can be pro
e tected and enforced by means perfectly con
t, sistent with the fundamental law. Th,
?. courts may be everywhere open, and, if opel
: their process would be unimpeded. Crime
r, against the United States can be prevented
n or punished by the proper judicial authori
it ties, in a manner entirely practicable and lie
= gal. There is therefore, no reason why th
If Constitution should not be obeyed, unles
t. those who exercise its powers have dctermin
n ed that it shall be tlisregarded and violated
ir The mere naked will of this Government, o
is of some one or more of its branches, is til
y only obstacle that can exist to perfect ur
'e ion OF all the States.


O. On this momentous question, and some {
d. the measures growing out of it. i have ha
n, the misfortune to differ from Congress an





ne serve, though with becoming Difference
III the opinion of the Legislative Department
lr Those convictions are not only unchanged
to but strengthened by subsequent events an
st further reflection The transcendent impo
Sc tance of the subject will he sufficient excu.
d. for calling your attention to some of Il
It's reasons which have so strongly influence
he my own Judgment. The hope that we ma


NJ oe o..kkl
ce consistent ut once with our true interests an
he with our sworn duties to the Constitution
IS. is too natural and too just to be easily J
al llnquished.


It is clear to my apprehension that Il


States lately in rebellion are still members


the National Union. When did they cea


to be so2 The "ordinances Of secession


adopted by a portion Gn most of them
ne verv small partion) of their citizcns we
D. mere nullities. Ii we admit now that tn
n were valid and effectual for the purpose
j tended by their authors, we sweep from q
ne der our our feet the whole ground up
re- which we justified the war. Were those Stat


afterwards expelled from the Union by I
"a war? The direct contrary was ayerred
les the government to he its purpose, and "
,p- so understood by all those who gave tn
&C. blood and treasure to aid in its prosecute
IN 1t cannot be that successful war waged


the preservation Of the Union, had the lei
e effect Of dissolving 1t. The victory of
he nations arms was not the disgrace of
The policy; the defeat of secession on the bat
yet, field was not the triumph of its lawless pr
lie. cipe. Nor could Congress, with OF with,


the consent Of the Executive, do anythi
an which would have the effect, directly or