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
Now, if a State Government forfeits all right to the allegiance and
support of its citizens, they are not thereby absolved from their
allegiance to the Federal Government. On the contrary, the jurisdiction
of the Federal Government is thereby enlarged; for it is then the only
Government which the citizens are bound to obey. Take, for illustration,
the State of Arkansas. By seceding, the State Government forfeited all
claim to the obedience of the citizens. The inhabitants no longer owe it
any allegiance. If loyal, they will not obey it, except as compelled by
force. But they still owe allegiance to the United States Government.
And there being no other Government which they are bound to obey, they
are in the same condition as before the State was admitted into the
Union, or any Territorial Government was organized.
The same is true of South Carolina. For, though it was an independent
State before the Constitution was adopted, its citizens voluntarily
yielded up that position, and became subject to the Federal Government,
claiming the privileges and assuming the liabilities of a higher
citizenship. And if, by reason of its rebellion, their State Government
has forfeited its claim upon them, and its right to rule over them, they
owe no allegiance to any except the Government of the United States.
But it is argued by some, that a State, once admitted into the Union,
cannot forfeit its rights as a State under the Constitution, because it
cannot, as such, be guilty of treason; that the inhabitants may all be
traitors, and the State Government secede, and engage in a war against
the Republic, and yet retain all its rights intact.
A State, in the meaning of public law, has been defined to be a body of
persons _united together_ in one community, for the defence of their
rights. They do not constitute a State until _organized_. If the
organization ceases to exist, they are no longer a State. If the State
organization becomes despotic, and the inhabitants overthrow it by a
revolution, it then ceases to exist. The people are remitted to their
original rights, and must organize a new State.
A State, as such, may be guilty of treason. Crimes may be committed by
organized bodies of men. Corporations are often convicted, and punished
by fines, or by a forfeiture of all corporate rights. And though we have
no provision for putting a State on trial, it may, as a State, be
guilty. Treason is defined by the Constitution to be "levying war
against the United States." This is just what South Carolina, as a
State, is doing. Not only the people, but _the State Government_, has
revolted. The people owe it no allegiance. It is their duty, not to
support, but to _oppose_ it. The Federal Government owes it no
recognition. It has the right to destroy and exterminate it. A State
Government in rebellion has no rights under the Constitution. _It is
itself a rebellion_, and must necessarily cease to exist when the
rebellion is suppressed.
Public-domain text, read in full here on John Shaqi.
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