I have regarded the expedition as not only political in its nature, but

as also in a great measure foreign from the United States in its

causes, character, and objects. The attempt was understood to be made

in sympathy with an insurgent party in Ireland, and by striking at a

British Province on this continent was designed to aid in obtaining

redress for political grievances which, it was assumed, the people of

Ireland had suffered at the hands of the British Government during a

period of several centuries. The persons engaged in it were chiefly

natives of that country, some of whom had, while others had not, become

citizens of the United States under our general laws of naturalization.

Complaints of misgovernment in Ireland continually engage the attention

of the British nation, and so great an agitation is now prevailing in

Ireland that the British Government have deemed it necessary to suspend

the writ of habeas corpus in that country. These circumstances must

necessarily modify the opinion which we might otherwise have

entertained in regard to an expedition expressly prohibited by our

neutrality laws. So long as those laws remain upon our statute books

they should be faithfully executed, and if they operate harshly,

unjustly, or oppressively Congress alone can apply the remedy by their

modification or repeal.

Political and commercial interests of the United States are not

unlikely to be affected in some degree by events which are transpiring

in the eastern regions of Europe, and the time seems to have come when

our Government ought to have a proper diplomatic representation in

Greece.

This Government has claimed for all persons not convicted or accused or

suspected of crime an absolute political right of self-expatriation and

a choice of new national allegiance. Most of the European States have

dissented from this principle, and have claimed a right to hold such of

their subjects as have emigrated to and been naturalized in the United

States and afterwards returned on transient visits to their native

countries to the performance of military service in like manner as

resident subjects. Complaints arising from the claim in this respect

made by foreign states have heretofore been matters of controversy

between the United States and some of the European powers, and the

irritation consequent upon the failure to settle this question

increased during the war in which Prussia, Italy, and Austria were

recently engaged. While Great Britain has never acknowledged the right

of expatriation, she has not for some years past practically insisted

upon the opposite doctrine. France has been equally forbearing, and

Prussia has proposed a compromise, which, although evincing increased

liberality, has not been accepted by the United States. Peace is now

prevailing everywhere in Europe, and the present seems to be a

favorable time for an assertion by Congress of the principle so long

maintained by the executive department that naturalization by one state

fully exempts the native-born subject of any other state from the

performance of military service under any foreign government, so long

as he does not voluntarily renounce its rights and benefits.

In the performance of a duty imposed upon me by the Constitution I have

thus submitted to the representatives of the States and of the people

such information of our domestic and foreign affairs as the public

interests seem to require. Our Government is now undergoing its most

trying ordeal, and my earnest prayer is that the peril may be

successfully and finally passed without impairing its original strength

and symmetry. The interests of the nation are best to be promoted by

the revival of fraternal relations, the complete obliteration of our

past differences, and the reinauguration of all the pursuits of peace.

Directing our efforts to the early accomplishment of these great ends,

let us endeavor to preserve harmony between the coordinate departments

of the Government, that each in its proper sphere may cordially

cooperate with the other in securing the maintenance of the

Constitution, the preservation of the Union, and the perpetuity of our

free institutions.

***

State of the Union Address

Andrew Johnson

December 3, 1867

Fellow-Citizens of the Senate and House of Representatives:

The continued disorganization of the Union, to which the President has

so often called the attention of Congress, is yet a subject of profound

and patriotic concern. We may, however, find some relief from that

anxiety in the reflection that the painful political situation,

although before untried by ourselves, is not new in the experience of

nations. Political science, perhaps as highly perfected in our own time

and country as in any other, has not yet disclosed any means by which

civil wars can be absolutely prevented. An enlightened nation, however,

with a wise and beneficent constitution of free government, may

diminish their frequency and mitigate their severity by directing all

its proceedings in accordance with its fundamental law.

When a civil war has been brought to a close, it is manifestly the

first interest and duty of the state to repair the injuries which the

war has inflicted, and to secure the benefit of the lessons it teaches

as fully and as speedily as possible. This duty was, upon the

termination of the rebellion, promptly accepted not only by the

executive department, but by the insurrectionary States themselves, and

restoration in the first moment of peace was believed to be as easy and

certain as it was indispensable. The expectations, however, then so

reasonably and confidently entertained were disappointed by legislation

from which I felt constrained by my obligations to the Constitution to

withhold my assent.

It is therefore a source of profound regret that in complying with the

obligation imposed upon the President by the Constitution to give to

Congress from time to time information of the state of the Union I am

unable to communicate any definitive adjustment satisfactory to the

American people, of the questions which since the close of the

rebellion have agitated the public mind. On the contrary, candor

compels me to declare that at this time there is no Union as our

fathers understood the term, and as they meant it to be understood by

us. The Union which they established can exist only where all the

States are represented in both Houses of Congress; where one State is

as free as another to regulate its internal concerns according to its

own will, and where the laws of the central Government, strictly

confined to matters of national jurisdiction, apply with equal force to

all the people of every section. That such is not the present "state of

the Union" is a melancholy fact, and we must all acknowledge that the

restoration of the States to their proper legal relations with the

Federal Government and with one another, according to the terms of the

original compact, would be the greatest temporal blessing which God, in

His kindest providence, could bestow upon this nation. It becomes our

imperative duty to consider whether or not it is impossible to effect

this most desirable consummation. The Union and the Constitution are

inseparable. As long as one is obeyed by all parties, the other will be

preserved; and if one is destroyed, both must perish together. The

destruction of the Constitution will be followed by other and still

greater calamities. It was ordained not only to form a more perfect

union between the States, but to "establish justice, insure domestic

tranquillity, provide for the common defense, promote the general

welfare, and secure the blessings of liberty to ourselves and our

posterity." Nothing but implicit obedience to its requirements in all

parts of the country will accomplish these great ends. Without that

obedience we can look forward only to continual outrages upon

individual rights, incessant breaches of the public peace, national

weakness, financial dishonor, the total loss of our prosperity, the

general corruption of morals, and the final extinction of popular

freedom. To save our country from evils so appalling as these, we

should renew our efforts again and again.

To me the process of restoration seems perfectly plain and simple. It

consists merely in a faithful application of the Constitution and laws.

The execution of the laws is not now obstructed or opposed by physical

force. There is no military or other necessity, real or pretended,

which can prevent obedience to the Constitution, either North or South.

All the rights and all the obligations of States and individuals can be

protected and enforced by means perfectly consistent with the

fundamental law. The courts may be everywhere open, and if open their

process would be unimpeded. Crimes against the United States can be

prevented or punished by the proper judicial authorities in a manner

entirely practicable and legal. There is therefore no reason why the

Constitution should not be obeyed, unless those who exercise its powers

have determined that it shall be disregarded and violated. The mere

naked will of this Government, or of some one or more of its branches,

is the only obstacle that can exist to a perfect union of all the

States.

On this momentous question and some of the measures growing out of it I

have had the misfortune to differ from Congress, and have expressed my

convictions without reserve, though with becoming deference to the

opinion of the legislative department. Those convictions are not only

unchanged, but strengthened by subsequent events and further reflection

The transcendent importance of the subject will be a sufficient excuse

for calling your attention to some of the reasons which have so

strongly influenced my own judgment. The hope that we may all finally

concur in a mode of settlement consistent at once with our true

interests 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 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.

If the Southern States are component parts of the Union, the

Constitution is the supreme 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 Government, which is clear and unquestionable, to enforce the

Constitution upon them implies the correlative obligation on our part

to observe its limitations and execute its guaranties. Without the

Constitution we are nothing; by, through, and under the Constitution we

are what it makes us. We may doubt the wisdom of the law, we may not

approve of its provisions, but we can not violate it merely because it

seems to confine our powers within limits narrower than we could wish.

It is not a question of individual or class or sectional interest, much

less of party predominance, but of duty--of high and sacred duty--which

we are all sworn to perform. If we can not support the Constitution

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 conducted solely for the 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 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 members of Congress are personally

bound to pay a public debt created under a law for which they voted.

But it was a solemn public, official pledge of the national honor, and

I can not imagine upon what grounds the repudiation of it is to 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. It 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 a 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 a failure, but a fraud.

Being sincerely convinced that these views are correct, I would be

unfaithful to my duty if I 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 a violation of

the national faith, but in direct conflict with the Constitution, I

dare not permit myself to doubt that you will immediately strike them

from the statute book.

To demonstrate the unconstitutional character of those acts I need do

no more than refer to their general provisions. It must be seen at once

that they are not authorized. To dictate what alterations shall be made

in the constitutions of the several States; to control the elections of

State legislators and 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 or prevent them from assembling; to dismiss judges and

other civil functionaries of the State and appoint others without

regard to State law; to organize and operate all the political

machinery of the States; to regulate the whole administration of their

domestic and local affairs according to the mere will 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 the face of a positive interdict; for

the Constitution forbids us to do whatever it does not affirmatively

authorize, either by express words or by clear implication. If the

authority we desire to 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 private right. It leads directly and immediately to

the establishment of absolute rule, for undelegated power is always

unlimited and unrestrained.

The acts of Congress in question are not only objectionable for their

assumption of ungranted power, but many of their provisions are in

conflict with the direct prohibitions of the Constitution. The

Constitution commands that a republican form of government shall be

guaranteed to all the States; that no person shall be deprived of life,

liberty, or property without due process of law, arrested without a

judicial warrant, or punished without a fair trial before an impartial

jury; that the privilege of habeas corpus shall not be denied in time

of peace, and that no bill of attainder shall be passed even against a

single individual. Yet the system of measures established by these acts

of Congress does totally subvert and destroy the form as well as the

substance of republican government in the ten States to which they

apply. It binds them hand and foot in absolute slavery, and subjects

them to a strange and hostile power, more unlimited and more likely to

be abused than any other now known among civilized men. It tramples

down all those rights in which the essence of liberty consists, and

which a free government is always most careful to protect. It denies

the habeas corpus and the trial by jury. Personal freedom, property,

and life, if assailed by the passion, the prejudice, or the rapacity of

the ruler, have no security whatever. It has the effect of a bill of

attainder or bill of pains and penalties, not upon a few individuals,

but upon whole masses, including the millions who inhabit the subject

States, and even their unborn children. These wrongs, being expressly

forbidden, can not be constitutionally inflicted upon any portion of

our people, no matter how they may have come within our jurisdiction,

and no matter whether they live in States, Territories, or districts.

I have no desire to save from the proper and just consequences of their

great crime those 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 untainted to the last;

many were incapable of any legal offense; a large proportion even of

the persons able to bear arms were forced into rebellion against their

will, and of those who are guilty with their own consent the degrees of

guilt are as various as the shades of their character and temper. But

these acts of Congress confound them all together in one common doom.

Indiscriminate vengeance upon classes, sects, and parties, or upon

whole communities, for offenses committed by a portion of them against

the governments to which they owed obedience was common in the

barbarous ages of the world; but Christianity and civilization have

made such progress that recourse to a punishment so cruel and unjust

would meet with the condemnation of all unprejudiced and right-minded

men. The punitive justice of this age, and especially of this country,

does not consist in stripping whole States of their liberties and

reducing all their people, without distinction, to the condition of

slavery. It deals separately with each individual, confines itself to

the forms of law, and vindicates its own purity by an impartial

examination of every case before a competent judicial tribunal. If this

does not satisfy all our desires with regard to Southern rebels, let us

console ourselves by reflecting that a free Constitution, triumphant in

war and unbroken in peace, is worth far more to us and our children

than the gratification of any present feeling.

I am aware it is assumed that this system of government for the

Southern States is not to be perpetual. It is true this military

government is to be only provisional, but it is through this temporary

evil that a greater evil is to be made perpetual. If the guaranties of

the Constitution can be broken provisionally to serve a temporary

purpose, and in a part only of the country, we can destroy them

everywhere and for all time. Arbitrary measures often change, but they

generally change for the worse. It is the curse of despotism that it

has no halting place. The intermitted exercise of its power brings no

sense of security to its subjects, for they can never know what more

they will be called to endure when its red right hand is armed to

plague them again. Nor is it possible to conjecture how or where power,

unrestrained by law, may seek its next victims. The States that are

still free may be enslaved at any moment; for if the Constitution does

not protect all, it protects none.

It is manifestly and avowedly the object of these laws to confer upon

Negroes the privilege of voting and to disfranchise such a number of

white citizens as will give the former a clear majority at all

elections in the Southern States. This, to the minds of some persons,

is so important that a violation of the Constitution is justified as a

means of bringing it about. The morality is always false which excuses

a wrong because it proposes to accomplish a desirable end. We are not

permitted to do evil that good may come. But in this case the end

itself is evil, as well as the means. The subjugation of the States to

Negro domination would be worse than the military despotism under which

they are now suffering. It was believed beforehand that the people

would endure any amount of military oppression for any length of time

rather than degrade themselves by subjection to the Negro race.

Therefore they have been left without a choice. Negro suffrage was

established by act of Congress, and the military officers were

commanded to superintend the process of clothing the Negro race with

the political privileges torn from white men.

The blacks in the South are entitled to be well and humanely governed,

and to have the protection of just laws for all their rights of person

and property. If it were practicable at this time to give them a

Government exclusively their own, under which they might manage their

own affairs in their own way, it would become a grave question whether

we ought to do so, or whether common humanity would not require us to

save them from themselves. But under the circumstances this is only a

speculative point. It is not proposed merely that they shall govern

themselves, but that they shall rule the white race, make and

administer State laws, elect Presidents and members of Congress, and

shape to a greater or less extent the future destiny of the whole

country. Would such a trust and power be safe in such hands?

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