The Continental Monthly, Vol. 4, No. 6, December 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol. 4, No. 6, December 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
And hence, also, it equally appears how absurd is any claim on
the part of the Nation to visit upon the State organism the penalties of
the treason of individuals against itself.
Let it be remembered that the State derives none of its rights from the
Nation. How, then, can it be said to forfeit its rights to the Nation?
The State is a separate and distinct organism, deriving its rights
directly from the people within its territorial limit. They established
it, and to them alone it is responsible. In the same manner, the people
of the whole country, without regard to the territorial limits of
States, established the Nation. The people of the whole country,
therefore, have a permanent interest in the Nation, and no one portion
of them may rightfully assume to set aside its supreme obligations, in
disregard and violation of the organic law. If certain of the people of
any State have rebelled against the National Government, attempting thus
to set aside its paramount obligations, undoubtedly their lives and
property are forfeit to the Nation. But how can their individual treason
work a forfeiture of the State powers and functions? These have been
usurped, indeed, by the armed combinations of the rebellion, but they
are still complete, only awaiting the overthrow of the armed
combinations to be resumed and controlled by those persons within the
same territorial limit who have not rebelled.
It is objected to this view that it assumes a substratum of loyal people
still existing in the rebel States. The assumption is certainly
warrantable when we read of the scenes--witnesses against the Southern
Confederacy whose eloquence surpasses speech--that have attended the
overthrow of the rebellion in Tennessee; and when we remember that even
in South Carolina there are such names as Judge Pettigrew and Governor
Aiken; and when in New York city alone there is to-day a large body of
Georgians, whose loyalty has made them exiles, and who only await the
day of their State's deliverance to return and restore their State's
loyalty; and when the signs in North Carolina are so positive that a
Union element yet survives there; and when even far-off Texas has her
loyal exiles in our midst. Considering those 'signs of the times,' the
assumption that there are loyal men in the rebellious States seems
certainly a valid and proper one, and one on which fairly to rest an
argument. But it is believed that the argument is good without this
assumption. Suppose that, the rebellion being overthrown, not even one
man remains loyal to the Nation within the territorial limits of any
single State, has the State ceased to exist? A State is called, in the
language of publicists, a body politic. It is, in effect, a sort of
corporation, administered for the benefit of its inhabitants by trustees
whom they appoint. One of the maxims of law is that a trust shall not
fail for lack of a person to execute it. It might, therefore, in such a
Public-domain text, read in full here on John Shaqi.
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