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
considered the States; but this they did not do, and they were not
powerful enough to do it. The large proportion of them were compelled to
form a part of the Rebel power.
And this brings us directly to the heart of the matter. It is asserted
that the Acts of Secession, being unconstitutional, were inoperative and
void. But they were passed by the people of the several States which
seceded, and the persons and property of the whole people were
indiscriminately employed in making them effective. The States held by
Rebel armies were Rebel States. All the population were necessarily, in
the view of the Federal government, Rebel enemies. Consequently the
territory of the States was as "void" of citizens of the United States
as the Acts of Secession were "void." The only things left, then, were
the inoperative ideas of States.
Again, to put the argument in another form, it is asserted, that, though
the people of a State may commit treason, the State itself remains
unaffected by the crime. A distinction is here made between a State and
the people who constitute it,--between the State and the persons who
create its constitution and organize its government. The State
constitution which existed while it was a State, in the Federal meaning
of the word, was destroyed in an essential part by the same authority
which created it, namely, a convention of the people of the State; and
yet it is said that the State remained unaffected by the deed. By this
course of reasoning, a State is defined an abstract essence which can
comfortably exist in all its rights and privileges, _in potentia_, apart
from all visible embodiment; a State which is the possibility of a State
and not the actuality of one; a State which can be brought into the line
of real vision only by some such contrivance as that employed by the
German playwright, who, in a drama on the subject of the Creation,
represented Adam crossing the stage _going_ to be created.
There is, it is true, one method of getting a kind of body to this
abstract State, but it is a method which may well frighten the hardiest
American reasoner. It was employed by Burke in one of the audacities of
his logic directed against the governments established after the French
Revolution of 1789. He took the ground, that France was not in the
French territory or in the French people, but in the persons who
represented its old polity, and who had escaped into England and
Germany. These constituted what he called "Moral France," in distinction
from "Geographical France"; and Moral France, he said, had emigrated.
Public-domain text, read in full here on John Shaqi.
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