I. THEORY OF STATE SUICIDE.

Probably no one will deny that rebellion works a forfeiture of all

political rights to those engaged in it. The subject who renounces his

allegiance can claim no protection: just as the Government that should

fail to protect its subjects, could not claim their allegiance.

Allegiance and protection are reciprocal and interdependent duties, and

the failure of one involves and works the failure of the other. So that

it might be quite correct to declare, in reference to the Southern

rebellion, that a rebel has no rights which the United States is bound

to respect. It will be perceived that the question of _right_ is here

spoken of, and not the question of _policy_. No feeling of sympathy with

a defeated people, not the thousand-fold natural ties that bind the

North and the South, should blind our eyes to the main question of

right. Any policy toward repentant rebels that is not magnanimous and

honorably befitting our complete triumph, can never find favor with the

American people, nor ought to; but the incalculably precious interests

of the Nation will not admit of any uncertain precedents in regard to

secession. The precedent must be perfectly clear. It must be established

unqualifiedly and unalterably that secession is treason, and that

whoever is concerned in it is a traitor and must expect a traitor's

punishment. It has been common to call secession a political heresy. The

rebellion, the fruit of secession, stamps it as more and worse than

simply a heresy. It is inchoate treason, and only awaits the favorable

conditions to become open and flagrant. The patriotism, therefore, of

any man may fairly be suspected, who, refusing to be taught by the

experience of this war, revealing these things as in the clear light of

midday, can speak softly and with 'bated breath' of secession. His

country's baptism of fire has not regenerated such a man.

The attempt, as the legitimate and inevitable result of secession, to

overthrow a Government whose burdens rested so lightly on its citizens

as to have given rise to a current phrase that they were unfelt; and yet

whose magnificent power gave it rank among the first of nations,

securing full protection to the humblest of its citizens, and causing

the name of American to be as proud a boast as Roman in the day of

Rome's power; and withal being the recognized refuge and hope of liberty

and humanity all over the globe, as vindicating the right royalty of

man;--the attempt to overthrow such a Government must stand forever as

the blackest of crimes. For the Confederate treason is more than treason

against the United States: it is a crime against humanity, and a

conspiracy in the interest of despotism, denying the royalty of man.

But, to return to our argument, a distinction is carefully to be noted

between the consequences of rebellion to the individuals who engage in

it and to the State which it assumes to control. It needs no argument to

show that rebellion against the supreme power of a State does not

necessarily affect the permanence of that power. If the rebellion fails,

the rightful authority resumes its functions. If the rebellion succeeds,

the movers of it assume the powers of the State, and succeed to all its

functions. The civil wars of England furnish abundant illustration of

this principle. However the course of Government may for the time have

been checked, and its whole machinery disarranged, the subsidence of the

tumult left the state, in every case, as an organic whole, the same. The

consequences of unsuccessful rebellion fell only upon the persons

engaged in it. So, in the successive changes that befell France after

the Revolution, the state, as the body politic, remained unchanged. In

dealing with the question of rebellion in our country the same principle

applies, only another element enters into the calculation. That element

results from the peculiar character of our Government in its twofold

relation to the people of State and Nation. The Government springs

directly from the people, who have ordained separate functions for the

two separate organisms, or bodies politic, the State and the Nation.

Strictly considered, there are not two Governments, there is only one

Government. Certain functions of it are ordained to be executed by the

State, and certain other functions by the Nation, How, then, can the

State, as such, assume to set aside the ordained functions of the

Nation? How, on the other hand, might the Nation assume to control the

ordained functions of the State? Each to its own master standeth or

falleth, and that master is the people. Hence, the absurdity of the

doctrine which claims the right of a State to resume powers once

delegated to the Nation. For the State, as such, never delegated those

powers. Hence, the absurdity of secession as a dogma in American

politics. 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

case as the one supposed, be competent for the United States to

designate persons who should take charge of the State Government, and

administer it in trust for the children of its former recreant

inhabitants, and as their legal and political successors. Reverting to

the settled principles of the law, we find that the essential idea of a

corporation is its immortality, or individuality, or the perpetual

succession of persons under it, notwithstanding the changes of the

individual persons who compose it. The State, like a corporation, has an

individuality of its own, which is not affected by the changes of the

individual persons composing it. It has an immortality, not affected by

their entire extinction. Its own organic existence is not thereby

extinguished. In other words, the State cannot be merged, or swallowed

up, in the Nation.

It seems, then, that the doctrine of State suicide, as propounded in so

many words, by its author, in the original resolutions offered in

Congress, is equally repugnant to the Constitution and good sense. It

is, in effect, revolutionary; for it would dismember the Union, by

striking out of existence States as purely and completely sovereign

within the sphere of their functions as the Nation itself. It is idle to

deny that it thus recognizes and gives support to the doctrine of

secession; for it accepts the results of secession, and supposes that

accomplished by the rebellion which the war is meant to thwart and

prevent, to wit, the disruption of the ties that bind the States and the

Nation together in one harmonious whole.

What are we fighting for? To restore constitutional order; to vindicate

'the sacredness of nationality.' In other words, to combat the principle

of secession, by force and arms, in its last appeal, just as we have

always combated and opposed it hitherto on the platform and in the

senate. But what right have we to oppose secession by coercion? The

right of self-preservation. For secession loosens the very corner-stone

of our Government, so that the whole arch falls, breaking the Union into

an infinity of wretched States. Admitting secession, our Constitution

is, indeed, no stronger than 'a rope of sand.' We fight to maintain the

Constitution as an Ordinance of Sovereignty (as it has been forcibly

styled) over the whole Nation. We must so maintain it, or surrender our

national existence. This being so, we cannot admit any such right as

secession; for that would be to sanction the revolutionary doctrine

that a body of men, usurping a State Government, and calling themselves

the State, can absolve their fellow citizens from their allegiance to

the Constitution, the supreme law of the land. The rebel States are,

then, still members of the Union. Otherwise, we are waging an unjust

war. Otherwise we falsify and contradict the record of our Revolution,

and are striving to reduce to dependence a people who are equally

striving to maintain their independence. There is no justification for

this war save in the plea for the National Union; no warrant for it save

in the preservation of the Constitution, which is the palladium and

safeguard of the Nation. The Southern rebellion has usurped the

functions and powers of various State Governments: when it is

overthrown, the victims of its usurpation will be restored to their

former rights. _Their_ allegiance is still perfect. Nothing but their

own act can absolve them from it.

The Continental Monthly, Vol. 4, No. 6, December 1863 Devoted to Literature and National Policy · 第 31 / 80 题