Year: 1867

ernment, or to all of them united. This
is so plain that it has been ackr owcdged by
all branches of the Federal Government.
My predecessors, as well as myself, and the
heads of all the department have uniformly
acted upon the principle that the Union is
not only III d so we'd, but indissoull. Con
gress submitted an amendment of the Con
stitution to the Southern States, and acctp-
ted their acls Of ratification as a necessary
and lawful exercise of their highest function.
If they were not States or were States out
Of the Union, their consent to a change in
the fundamental law of the Union would
have been nugatory. and Congress, in ask
ing it, committed poftIcal absurlity.


The judiciary has al-o given the solemn
sanction OF its authority to the same view
of the case. The JUG ges of the Supreme
Court have included the Southern States in
their circuits, and are constantly, on the
bench and elsewhere, exercising jurisdiction
which does not belong to them, unless those
Stetes are States in 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 other
States. They are bound to obey it, and so
are we. The right Of the Federal Govern
ment, which is clear and unquestionabe, to
enforce the Constitution upon them, implies
the correlative obligation on our part, to
observe its limitations and execute its guar
antees Without the Constitution we are
nothing. Through and under the Constitu>
ton we are what it makes us. We may
doubt the wisdom of the law; we may not
approve Of US provisions; but we can not
violate it merely because it seems to confine
our powers within limits narrower than we
could wish.


1t is not question ofindividual or class
or sectional interest. much less ct party pre-
dominance, but Of duty--of high and sacred
duty, which VIC are allsworn te perform
IF we can not support the Constitution with
the cheerful alacrity 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.


Constitutional duty Is not the only one
which requires the States to be restored
There is another consideration which, tho
of minor Importance, is yet OF great weight.
On the 22d Of July, 1861, Congress declar-
ed 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
impairing the dignity, equally and rights of
States or individuals; and that when this
was done the war should cease. | do not
say that this declaration is personally bind
ing on those who joined in making it, any
more than individual members of Congress
are personally bound TO pay public debt
created under a law fer which they voted.
But it was lolamn public official pledge Of
national honor, and can not imagine upon
what grounds lepudiatiorgof it is to be JUS
tilted. Ifit be said that we are not bound
to keep faith with rebels, let it be remem-
bcred that this promise was not made to re-
bells 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 that it would
be carried out. 1t was made one day after
the first great battle of the war had been
fought aud lost. AL patriotic, intelligent
men then saw the necessity ct giving such
an assurance, and believed that without it
war would end in disaster to our cause. -
Having given that assurance in the eItrem~
ty of our peril, a violation of it now, IN the
day of our power, would be a rudc 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 net only a
failure but fraud.


Being sincerely convinced that these
views are correct would not be unfaithful
to my duty if did not recommend the re"
peal of the acts Of Congress, which place
too Of the Southern States under the domi-
nation of military masters If calm refcc-
ton shall satisfy majority of your honor
able bodies that the acts referred to are not
only violation of national faith, but in di
rect conflict with the Constitution, | dare
not permit myself to doubt that you will
Immediately strike them from the statute
books.


70 demonstrate the unconstitutional char
acter Of those acts, need do no more than
refer to their general provisions. 1t must
be seen at once that general provisions. -
1t must be seen at once that they are not
authorized TO dictate what alterations shall
he made in the Constitutions of the several
States; to control elections of State legisIa
tors and State officers, members OF Con-
gress and electors of the President and Vice
President, by arbitrarily declaring who shall
he excluded from that privileges TO dissolve
State Legislatures or prevent them from as
sembling; to dismi7s Jud yes ard other func-
tionaries OF State, and appoint Others, with
out regard to State law; to organize and
operate all the political machinery Of the
States; to regulate the whole administers
ton of their domestic and local affairs accor-
ding to the will of strange and irresponsible
agents sent among them for that purpose.
These are powers not granted to the FEEDER
al Government, or to any one OF Its branch i
es. Not being granted, we violate our
trust by assuming them as palpab.y as we
would by acting in the face of nositive in
terdict: for the Constitution forbids US to do
whatever it does not afirmativey author
ize either by express words or by clear i'm
plication. If the authority we desire to use
does not come to us through the Constitu
ton, VIC can exercise it only by usurpation,
and usurpaton is the most dangerous of
political crimes. But what the enemies Of
free government in all ages have worked
out their designs against public liberty and
private rights. It leads directly and imme-
diately to the establishment of absolute
rule, lor undelegated power is always un-
limited and unrestraincd.


The acts of Congress in question are not
only objectonal for their assumption of un-
gtanted power but many OF their provi
sions are in conflict with the direct prohibi-
tons of the Constitution. 1t commands
that republican form of government shall
be guaranteed 60 all the States; that no
person shall be deprived of life, liberty or
property without due process Of law, arrest
ed without a judicial warrant, or punished
without fair trial before an impartial jury;
that the privilege of Fobcas corpus shall not
be denied in time of peace, and that no bill
of attainder shall be passed, even against Il
sing'e individual. Yet the system of meas
ures established by these acts of Congress