Cleveland Past and Present: Its Representative Men: Comprising Biographical Sketches of Pioneer Settlers and Prominent Citizens
History
Cleveland Past and Present: Its Representative Men: Comprising Biographical Sketches of Pioneer Settlers and Prominent Citizens
Cleveland (Ohio) -- Biography; Cleveland (Ohio) -- History
Nor should we be misled by false notions of the reserved right of the
States to secede from the Union. This assumed right, claimed by the
States in rebellion, is false in theory; it is of the highest criminalty
in practice, and without the semblance of authority in the Constitution.
The right of secession, (said the lamented Webster,) "as a practical
right, existing under the Constitution, is simply an absurdity; for it
supposes resistance to Government under the authority of the Government
itself--it supposes dismemberment without violating the principles of
Union--it supposes opposition to law without crime--it sanctions the
violation of oaths without responsibility, and the total overthrow of
the Government without revolution."
The history of this wicked rebellion already shows that many of those
who have shared the largest in the offices and emoluments, as well as in
the blessings of the National Government, have fallen the lowest in
infamy in attempting its overthrow.
If this Union is to be perpetuated, and the Government itself is to
exist as a power among the nations, its laws must be enforced at all
hazards and at any cost. And especially should courts and juries do
their whole duty, without respect to persons, when crimes are committed,
tending to the subversion of the Government and the destruction of our
cherished institutions.
At the January term, 1864, he delivered another admirable charge, in which
he discussed the questions arising under the then recent act of Congress
authorizing a draft under the direction of the President without the
intervention of the State authorities, and by a very logical and
conclusive argument established the constitutional validity of the act in
question. The crime of resisting the draft, obstructing its execution by
the officers appointed for that purpose, and enticing soldiers to desert,
were defined with great clearness, resisting the enrolling officer being
held to be within the offences embraced in the act. These were but a few
of the topics treated by the Judge. The entire charge was able, well-timed
and patriotic, and was admirably calculated to conciliate and unite public
opinion in support of the law and the measures of the Government to
enforce it.
Public-domain text, read in full here on John Shaqi.
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