Year: 1867

but strengthened by subsequent events and
further reflection. The transcendent i'm
portance of the subject will be a sufficient
excuse for calling your attention to some of
the reasons which have so strongly infuenc


ed my own judgment. The hope that we
may all finally concur in mode of settle


ment, consistent at once with our true in
terests and with our sworn duties to the
Constitution, is too natural and too just to
be easily relinquished.


It is clear to my apprehension that the
States lately in rebellion are still members
of the National Union When did they
cease to be so? The ordinances of seces-
sion," adopted by portion Gin most of them
very small portion) of their citizens, were
| mere nullities If we admit now that they
were valid and effectual for the purpose in
tended by their authors, we sweep from un-
| der our feet the whole ground upon which
we justified the war Were those States af-
forwards expelled 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 successful war, waged
for the preservation of the Union, had the
legal effect of dissolving it The victory of
the nations arms Was ze the disgrace of
her policy; the defeat of secession on the
battlefield was not the triumph of It's lawless
principle. Nor could Congress, with or
without the consent of the Executive, do
anything which would have the effect, di-
rectly or indirectly, Of separating the States
from each other To dissolve the Union is
to repeal the Constitution which holds it to-
gether, and that is power which does not
belong to any Department of this Govern
mezt, or to all of them united


This is SO plain that it has been acknowl-
edged by all branches of the Federal Gov
ernment. The Executive (my predecessor
as well as myself) and the heads of all the
Depar tments have uniformly acted upon the
principle that the Union is not only undissol-
we'd, but indissoIuble. Congress submitted
an amendment Of the Constitution to be rat
fled by the Southern States, and accepted
their acts Of ratification as necessary and
lawful exercise of their highest function. If
they were not 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
idg 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 an banc and
elsewhere, exercising jurisdiction which does
not belong to them, unless those States are
States of the Union.


If the Southern States are component parts
of the Uuion, the Constitution is the su
preme law for them, as it is for all the other
States. They are bound to obey it, and so
are we The right of the Federal Govern
ment, which is clear and unquestionable, to
enforce the Constitution upon them, implies
the correlative obligation on our part to OBJ
serve its limitations and execute its guaran-
ties Without the Constitution we are
nothing by, through, and under the Con-
stitution we are what it makes US. We may
doubt the wisdom of the law, we may not
approve of its provisions, but we cannot vio-
late it merely because it seems to confine our
powers within limits narrower than we
could wish. 1t is not a question of individ-
ual, or class, or sectional interest, much less
party predominance, but of duty-of high
and sacred duty-which we are all sworn to
perform. 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 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 restored.
There is another consideration which, though
of minor Importance, is yet of great weight.


On the 22d day Of July, 1861, Congress
declared, by an almost unanimous vote of
both Houses, that the war should be con-
Quoted solely for the purpose of preserving
the Union, and maintaining the supremacy
Of the Federal Constitution and laws, with
out impairing the dignity, equality, and
rights Of the States or of individuals, and
that when this was done the war should
cease I do not say that this declaration is
personally binding on those who joined in
making it, any more than individual men,
bers of Congress are personally bound to
pay public debt created under law for
which they voted But it was solemn,
public, official pledge of the national honor,
and l cannot imagine upon what grounds
the repadiation of it is 10 be justified. If it
be said that 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
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 first great
battle of the war had been fought and lost.
All patriotic 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 rending of that good
faith which holds the moral world together
our country would cease to have any claim
upon the confidence of men (; it would make
the war not only failure. but fraud.


Being sincerely convinced that these
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 domination of
military masters IF calm reflection shall
satisfy a majority of your honorable bodies
that the acts referred to are not only vio-
lation of the national faith, but in direct
conflict with the Constitution, dare not
permit myself to doubt that you will imme-
diately strike them from the statute book