Year: 1867

hSht parts OF the | mon, the Constitution


IS the supreme law for them, as it is for all


the other states. They are bound to obey


Il, and so are we. The right of the Federal
Government, which is clear and unquestion-
lble, to enforce the Constitution upon them


implies correlative obligation on our part to
. observe its limitations and execute its guar


antics. Without the Constitution we are


nothing By, through, and under the Consti-


tuition, We are what it makes u.s. We NAV
ioubt the wisdom of the law we NAV not


approve Of its provisions but we cannot


Violate IL merely because il seems 70 confinc
our powers within limits narrower than we


could wish. 1t is not question Of inliyid-


uais, or ciaes, or sectional interest, 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 Consti-


tuition with the cheerful alacrtv 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 cannot disregard.


The Constitutional duty is not the only
one which requires states to be restored ;
there 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
tho purpose Of preserving the Union and
maintaining the supremacy Of the federal
Constitution and laws, without impairing
the dignity, equality and rights Of the states
IT individuals and that when this was done
the war should cease. do not say that this
declaration is personally binding on those
who joined in making it, any more than in
iividual members of Congress are personally
bound TO pay publ: debt created under a
law for which they voted. But it was IL sol
cmn public official pledge of national honor,
and cannot imagine upon what grounds re-


pudiation Of it is 10 be justified. If it be said
that we are not bound TO keep faith with
rebels lie. 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 we 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 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 q rude
reading OF that good faith which holds the


moral world together. Oar country would
cease 10 have any claim upon the confidence
Of mon; it would make the war not only 4
failure, but a fraud.


Being sincerely convinced that these views
are correct, l would be unfaithful to nv duty
it did not recommend the repeal OF the acts
Of Congress which place ten of the Southern
states under the dominion of military mas
ters If calm reflection should satisfy ma
iority Of your honorable bodies that the acts
referred to are not only a violation Of the
national faith, but in direct conflict with the
Constitution, l dare not permit myself to
doubt that YOU will Immediately strike them
from the statute book


To demonstrate the unconstitutional char
acter of those acts, 1 need do no more than
refer to their general provisions. 1t must
he seen Mt once that they are not authorized.
To dictate what alterations shall be made in
the constitutions OF the several states t.
control the elections Of state legislatures,
state officers. members Of Congress. and
electors Of President and Vice President, by
arbitrarily declaring who shall vote and who
shall be excluded from that privilege to
dissolve state legislatures prevent them
from assembling; TO dismiss Judges and other
civil functiOnaries of state and appoint
others, without regard to state law 10
ganizc and operate all the political machine
~ of states; to regulate the whole admins
trati0n Of their domestic and local affairs
according To the mere VIII Of strange and
irresponsible agents sent among them for
that purpose these are powers not granted
to the federal government or to any one Of
its branches. Not being granted we violate
our trust by assuming them, as palpably as
We would by acting in face of positive in
terdict; for the Constitution forhids us TO do
Whatever it does not afirmativclv authorize,
either by express words or by clear implica-
ton Ii the authority we desire 10 use does
not come to US through the Constitution, we
can exercise it only by usurpation and
usurpatiOn Is the most dangerous of political
crimes. By that crime, the enemies of free
government in all ages have worked out
their designs against public liberty and pri
vatc right. 1t leads directly and immediate
ly to the establishment Of despotic rule for
unGelegated power is always unlimited and
unrestrained The acts of Congress in ques
ton are not only Objectionable for their
sumption OF ungranted power, but many of
their provisions are in conflict with the dl-
rect provisions OF the Constitution. The
Constitution commands that republican
form Of government shall be guaranteed TO
all the states that no person shall be de-
prived of life, liberty or property without
due process OF law, arrested without Judi
cial warrant, or punished without n fair
trial before an impartial jury that the priv
ilege Of hdbeGs corpus shall not be denied in
time of peace. and that TO bill of attainder
shall be passed even against single indlvi :
ual. Yet the system OF measures established
by these acts of Congress does totally
subyert and destroy the form as well as the
substance Of republican government in the
states TO which they apply. 1t binds them
hand and foot in absolute slavery, and sub


ects them 70 a strange and hostile power,
more unlimited and more likely to be abused
than any other now known among civilized
Ir tran all n
which the science Of liberty consists, and
which q free government is always most
careful TO perfect. 1t denies the hd6eas
pttS and trial by jury. Personal freedom,
property and life, if assailed by the passion,
the prejudice, OF rapacity Of the ruler, have
no security whitever. 1t has the effect Of
bill of attaind,r bill of pains and penal
tics. not upon a few individuals, but upon
whole masses, including millions who inhab-
it subject states. and even their unborn chill
Ircn These wrongs, being expressly for
bidden, cannot be constitutiOnally inflicted
upon any portion of our people, no matter
how they may come within our jurisdiction,
md no matter whether they live in states,
territories or dstricts.


| have no desire to save from the proper
and Just consequences of their great crime
chose who engaged in rebellion against the
government but as a mode of punishment,
the measures under consideration are the
most unreasonable that could be invented.
Many Of those people are perfectly innocent;
many kept their fidelity to the Union un-
tainted TO the last many were incapable OF
any legal ofense large portion, even OF
nersons able to bear arms, were forced into
rebellion cgainst their will and of those
who are guilty with their own consent, the
degrees of guilt as various as the shades
of their character and temper. But these