The Atlantic Monthly, Volume 16, No. 94, August, 1865: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 16, No. 94, August, 1865: A Magazine of Literature, Art, and Politics
Various
American periodicals
In the American system, the process by which constitutions are made and
governments instituted is by conventions of the people. The State
constitutions were ordained by conventions of the people of the several
States; the constitution of the United States was made the supreme law
of the land by conventions of the people of all the States; and the only
method by which a State could be released, with any show of legality,
from its obligations to the United States, would be the assent of the
same power which created the Federal constitution,--namely, conventions
of the people of _all_ the States. The course adopted by the so-called
"seceding" States was separate State action by popular conventions in
the States seceding. This was an appeal to the original authority from
which State governments and constitutions derived their powers, but a
violation of solemn faith towards the government and constitution
decreed by the people of all the States, and which, by the assent of
each State, formed a vital part of each State constitution. No State
convention could be called for the purpose of separating from the
Union,--of destroying what the officers calling it had sworn to
support,--without making official perjury the preliminary condition of
State sovereignty. Looked at from the point of view of the State
seceding, the act was an assertion of State independence; looked at from
the point of view of the constitution of the United States, it was an
act of State suicide. The State so acting through a convention of its
people was no longer a State, in the meaning that word bears in the
Federal constitution; for, whatever it may have been before it was one
of the United States, it was transformed into a different political
society by making the Federal constitution a part of its own organic
law. In cutting that bond, it bled to death as a State, as far as the
Federal constitution knows a State, to rise again as a Rebel community,
holding a portion of the Federal territory by force of arms. A State, in
the meaning of the Federal constitution, is a political community
forbidden to exercise sovereign powers, and at once a part of the
Federal government and owing allegiance to it. Is South Carolina, which
has exercised sovereign powers, which has broken its allegiance to the
Federal government, and which at present is certainly not a part of it,
such a political society?
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