The Atlantic Monthly, Volume 12, No. 70, August, 1863: A Magazine of Literature, Art, and PoliticsVarious
History
The Atlantic Monthly, Volume 12, No. 70, August, 1863: A Magazine of Literature, Art, and Politics
Various
American periodicals
By some it is claimed that the Rebels have lost all rights as citizens
of States, and are in the condition of the inhabitants of unorganized
territories belonging to the United States,--and that, having forfeited
their rights, they can never be restored to their former position,
except by the consent of the Federal Government. This consent may be
given by admitting them as new States, or restoring them as old,--the
Government having the right in either case to annex terms and
conditions.
There are others who contend that the Rebel States, though in rebellion,
have lost none of their rights as States,--that the moment they submit
they may choose members of Congress and Presidential electors, and
demand, and we must concede, the same position they formerly held. This
theory has been partially recognized by the present Administration, but
not to an extent that precludes the other from being adopted, if it is
right.
If the people of the States which have seceded, as soon as they submit,
have an absolute right to resume their former position in the
Government, with their present constitutions upholding Slavery, it
certainly will be a great, if not an insurmountable, obstacle to the
adoption of those measures which may be necessary to secure our peace in
the future. That they have no such right, it is believed may be made
perfectly clear.
If we triumph, we shall have all the rights which, by the laws of
nations, belong to conquerors in a just war. In a civil war, the rights
of conquest may not be of the same nature as in a war between different
nations; but that there are such rights in all wars has already been
stated on the highest authority. If a province, having definite
constitutional rights, revolts, and attempts to overthrow the power of
the central government, it would be a strange doctrine, to claim, that,
after being subdued, it had risked and lost nothing by the undertaking.
No authority can be found to sustain such a proposition. A rebellion
puts everything at risk. Any other doctrine would hold out encouragement
to all wicked and rebellious spirits. If they revolt, they know that
everything is staked upon the chances of success. Everything is lost by
defeat. By the laws of war, long established among the nations,--laws
which the Rebel States have themselves invoked,--if they fail, they will
have no right to be restored, except upon such terms as our Government
may prescribe. The right to make war, conferred by the Constitution,
carries with it all the rights and powers incident to a war, necessary
for its successful prosecution, and essential to prevent its recurrence.
But without resorting to the extraordinary powers incident to a state of
war, the same conclusion, in regard to the effect of a rebellion by a
State Government, results from the relations which the States sustain to
the Federal Government. Though they cannot escape its jurisdiction,
their position, _as States_, is one which may be forfeited and lost.
Public-domain text, read in full here on John Shaqi.
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