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
It has been objected that this doctrine is equivalent to a recognition
of the right of Secession, because it concedes the power of any one
State to withdraw from the Union. But the fallacy of this objection is
easily demonstrated.
The Federal Government does not emanate from the States, but directly
from the people. The relation between them is that _of protection_ on
the one hand and _allegiance_ on the other. This relation cannot be
dissolved by either party, unless by voluntary or compulsory
expatriation. It subsists alike in States and Territories, not being
dependent upon any local government. The Rebels claim the right to
dissolve this relation, and to become free from and independent of the
Federal Government, though retaining the same territory as before. We
deny any such right, and hold, that, though they may forfeit their
rights _as a State_, they are still bound by, and under the jurisdiction
of, the Federal Government. This jurisdiction, though absolute in all
places, is not the same in all.
In the District of Columbia, and in all unorganized territories, the
jurisdiction of the Federal Government is exclusive in its _extent_, as
well as in its _nature_. It must protect the inhabitants in _all_ their
rights,--for there is no other power to protect them. They owe
allegiance to it, and to no other.
The inhabitants of the _organized_ territories, though under the general
jurisdiction of the Federal Government, are, to some extent, under the
jurisdiction of the Territorial Governments. Each is bound to protect
them in certain things; they are bound to support and obey each in
certain things.
The people of a State are also under the absolute jurisdiction of the
Federal Government in all matters embraced in the Constitution. They owe
it unqualified allegiance and support in those things. But they are
also, in some matters, under the jurisdiction of the State Government,
and owe allegiance to that. There are many matters over which both have
jurisdiction, and in which the citizens have a right to look to each, or
both, for protection. The courts of each issue writs of _habeas corpus_,
and give the citizens their liberty, unless there is legal cause for
their custody or restraint.
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