Year: 1866

been final and decisive First, it has estab-
lished beyond all further controversy, and
by the highest Of all human sanctions, the
absolute supremacy of the National Govern
ment, as defined and limited by the Consti-
tuition of the United States and the perma-
nent integrity and indissolubility of the Fed
eral Union as a necessary consequence; and
second, it has put an end finally and forever
to the existence of slavery upon the soil or
within the jurisdiction of the United States.
Both these points become directly involved
IN the contest, and controversy upon both
was ended absolutely and finally by the re-
suit.


in the third place, we deem it of the ut
most importance that the real character of
the war and the victory by which it was
closed should be accurately understood The
war was carried on by the Government Of
the United States in maintenance of its own
authority and in defense of its own exist
ence, both of which were nenaced by the
insurrection which it sought to suppress.
The suppression Of that insurrection accom-
plished that result The Government Of the
United States maintained by force of arms
the supreme authority over all the territory,
and over all the States and people within its
jurisdiction which the Constitution confers
upon it; but it acquired thereby no new
power, no enlarged jurisdiction, no rights
either of territorial possession or of civil au-
thOrity which it did not possess before the
rebellion broke out Ali the rightful power
it can ever possess is that which is conferred
upon it, either in express terms or by fair
and necessary implication, by the Constitu-
ton of the United States il was that power
and that authority which the rebellion sought
to overthrow, and the victory of the Federal
arms was simply the defeat of that attempt.
The Government of the United States acted
til rOughOut the war on the defensive. 1t
sought only to hold possession of what was
! already its own. Neither the war, nor the
victory by which it was closed, changed in
any way the Constitution of the United
States The war was carried on by virtue
Of its provisions, and under the limitations
which they prescribe, and the result Of the
war did not either enlarge, abridge, or in
any way change or affect the powers it con
fers upon the Federal Government, or release
that Government from the restrictions which
it has imposed.


The Constitution of the United States is
to-day precisely as it was before the war, the
supreme law of the land, anything in the
constitution or laws Of any State to the con
trary notwithstanding" and to-day, also, pre-
cisely as before the war, all the powers not
conferred by the Constitution upon the Gene
raj Government nor prohibited by it to the
States are reserved to the several States
or to the people thereof


This position is vindicated not only by the
essential nature of our Government and the
language and spirit of the Constitution, but
by all the acts and the language of our Gov
! ernment, in all its departments, and at all
times from the outbreak of the rebellion to
its final overthrow In every message and
proclamation of the Executive it was explic-
lily declared that the sole object and purpose
of the war was to maintain the authority of
the Constitution and to preserve the integrity
of TIE Union; and Congress more than once
reiterated this solemn declaration, and added
! the assurance that, whenever this object
should be attained the war should cease,
and all the States should retain their equal
rights and dignity unimpaired. 1t Is only
/ since the war was closed that other rights
/ have been asserted on behalf of one depart
ment of the General Government. 1t has
/ been proclaimed by Congress that, in addi-
| ton to the powers conferred upon it by the
/ Constitution, the Federal Government may
now claim over the States, the territory and
! the people involved in the insurrectiOn, the
rights of war, the right of conquest and of
| cOniscation, the right to abrogate all exist
! ing Governments, institutions and laws, and
! to subject the territory conquered and its in
! habitants to such laws, regulations and de-
priyations as the legislative departments Of
/
! der this broad and sweeping claim, thatclause


of the Constitution which provides that no
! State shall, without its consent, be deprived
! Of its equal suffrage in the Senate of the
/ United States" has been annulled. and ten
! States have been refused, and are still re-
fused, representation altogether in both


branches of the Federal Congress. And the
| Congress in which only part of the States
and of the people of the Union are repre-


sented has asserted the right thus to exclude
| the rest from representation, and from all
share in making their own laws or choosing
| their own rulers until they shall comply with
such conditions and perform such acts as this
/ Congress thus composed may itself prescribe
That right has not only been asserted, but 1t


has been exercised, and is practically en-
! forced at the present time Nor does it find
any support in the theory that the States


thus excluded are in rebellion against the
Government and are therefore precluded
from sharing its authority.


They are not thus in rebellion. They are


one and all in an attitude Of loyalty to the
Government, and of sworn allegiance to the


Constitution of the United States. In no one


of them is there the slightest indication OF


resistance to this authority, the slightest


protest against its Just and binding Obliga-


ton This condition of renewedloyalty has


been officially recognized by solemn pro
clamatIOn OF the Executive department.. Inc


laws of the United States have been exten.


ded by Congress over all these States and


the people thereof Federal courts have been


reopened, and Federal taxes imposed and


levied, and IN every respect, except that they


are denied representation in Congress and


the Electoral College, the States once in rebel


lion are recognized as holding the same posi-.


ton, as owing the same obligations, and sub


iect to the same duties as the other States O


our common Union. 1t seems to US, in the


exercise of the calmestand most candid iudg
ment we can bring to the subject, that sucI


a claim, so inforced, involved as fatal an over
throw Of the authority of the Constitution


and as complete a destruction of the Gov
ernment and Union, as that which was sough
to be effected by the States and people II


armed insurrection against them both
: cannot escape observation that the power


thus asserted to exclude certain States from
representation is made to rest wholly In tht


will and discretion Of the Congress that as
serts it tits made to depend upon any speci