Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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 secession" adopted by a portion (in most of them a very
small portion) of their citizens were mere nullities. If we admit now
that they were valid and effectual for the purpose intended by their
authors, we sweep from under our feet the whole ground upon which we
justified the war. Were those States afterwards 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. It can not be that a successful
war, waged for the preservation of the Union, had the legal effect of
dissolving it. The victory of the nation's arms was not the disgrace of
her policy; the defeat of secession on the battlefield was not the
triumph of its lawless principle. Nor could Congress, with or without
the consent of the Executive, do anything which would have the effect,
directly or indirectly, of separating the States from each other. To
dissolve the Union is to repeal the Constitution which holds it
together, and that is a power which does not belong to any department
of this Government, or to all of them united.
This is so plain that it has been acknowledged by all branches of the
Federal Government. The Executive (my predecessor as well as myself)
and the heads of all the Departments have uniformly acted upon the
principle that the Union is not only undissolved, but indissoluble.
Congress submitted an amendment of the Constitution to be ratified by
the Southern States, and accepted their acts 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 asking it committed a political absurdity. The judiciary
has also given the solemn sanction 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, in banc and
elsewhere, exercising jurisdiction which does not belong to them unless
those States are States of the Union.
Public-domain text, read in full here on John Shaqi.
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