STATE SUICIDE.

It is sometimes said that the States themselves committed _suicide_, so

that as States they ceased to exist, leaving their whole jurisdiction

open to the occupation of the United States under the Constitution. This

assumption is founded on the fact, that, whatever may be the existing

governments in these States, they are in no respect constitutional, and

since the State itself is known by the government, with which its life

is intertwined, it must cease to exist constitutionally when its

government no longer exists constitutionally. Perhaps, however, it would

be better to avoid the whole question of the life or death of the State,

and to content ourselves with an inquiry into the condition of its

government. It is not easy to say what constitutes that entity which we

call a State; nor is the discussion much advanced by any theory with

regard to it. To my mind it seems a topic fit for the old schoolmen or a

modern debating society; and yet, considering the part it has already

played in this discussion, I shall be pardoned for a brief allusion to

it.

There are well-known words which ask and answer the question, "What

constitutes _a State_?" But the scholarly poet was not thinking of a

"State" of the American Union. Indeed, this term is various in its use.

Sometimes it stands for civil society itself. Sometimes it is the

general name for a political community, not unlike "nation" or

"country,"--as where our fathers, in the Resolution of Independence,

which preceded the Declaration, spoke of "the _State_ of Great Britain."

Sometimes it stands for the government,--as when Louis XIV., at the

height of his power, exclaimed, "The _State_, it is I"; or when Sir

Christopher Hatton, in the famous farce of "The Critic," ejaculates,--

"Oh, pardon me, if my conjecture's rash,

But I surmise--_the State_--

Some danger apprehends."

Among us the term is most known as the technical name for one of the

political societies which compose our Union. Of course, when used in the

latter restricted sense, it must not be confounded with the same term

when used in a different and broader sense. But it is obvious that some

persons attribute to the one something of the qualities which can belong

only to the other. Nobody has suggested, I presume, that any "State" of

our Union has, through rebellion, ceased to exist as a _civil society_,

or even as a _political community_. It is only as a _State of the

Union_, armed with State rights, or at least as a _local government_,

which annually renews itself, as the snake its skin, that it can be

called in question. But it is vain to challenge for the technical

"State," or for the annual government, that immortality which belongs to

civil society. The one is an artificial body, the other is a natural

body; and while the first, overwhelmed by insurrection or war, may

change or die, the latter can change or die only with the extinction of

the community itself, whatever may be its name or its form.

It is because of confusion in the use of this term that there has been

so much confusion in the political controversies where it has been

employed. But nowhere has this confusion led to greater absurdity than

in the pretension which has been recently made in the name of State

Rights,--as if it were reasonable to attribute to a technical "State" of

the Union that immortality which belongs to civil society.

From approved authorities it appears that a "State," even in a broader

signification, may lose its life. Mr. Phillimore, in his recent work on

International Law, says:--"A State, like an individual, may die," and

among the various ways, he says, "by its submission and the donation of

itself to another country."[19] But in the case of our Rebel States

there has been a plain submission and donation of

themselves,--_effective, at least, to break the continuity of

government_, if not to destroy that immortality which has been claimed.

Nor can it make any difference, in breaking this continuity, that the

submission and donation, constituting a species of attornment, were to

enemies at home rather than to enemies abroad,--to Jefferson Davis

rather than to Louis Napoleon. The thread is snapped in one case as much

as in the other.

But a _change of form_ in the actual government may be equally

effective. Cicero speaks of a change so complete as "to leave no image

of a State behind." But this is precisely what has been done throughout

the whole Rebel region: there is no image of a _constitutional_ State

left behind. Another authority, Aristotle, whose words are always

weighty, says, that, _the form of the State being changed, the State is

no longer the same_, as the harmony is not the same when we modulate out

of the Dorian mood into the Phrygian. But if ever an unlucky people

modulated out of one mood into another, it was our Rebels, when they

undertook to modulate out of the harmonies of the Constitution into

their bloody discords.

Without stopping further for these diversions, I content myself with the

testimony of Edmund Burke, who, in a striking passage, which seems to

have been written for us, portrays the extinction of a political

community; but I quote his eloquent words rather for suggestion than for

authority:--

"In a state of _rude_ Nature there is no such thing as a people. A

number of men in themselves have no collective capacity. The idea of

people is the idea of a corporation. It is wholly artificial, and made,

like all other legal fictions, by common agreement. What the particular

nature of that agreement was is collected from the form into which the

particular society has been cast. Any other is not _their_ covenant.

_When men, therefore, break p the original compact or agreement which

gives its corporate form and capacity to a State, they are no longer a

people; they have no longer a corporate existence_; they have no longer

a legal coactive force to bind within, nor a claim to be recognized

abroad. They are a number of vague, loose individuals, and nothing more.

With them all is to begin again. Alas! they little know how many a weary

step is to be taken before they can form themselves into a mass which

has a true politic personality."[20]

If that great master of eloquence could be heard, who can doubt that he

would blast our Rebel States, as senseless communities who have

sacrificed that corporate existence which makes them living, component

members of our Union of States?

The Atlantic Monthly, Volume 12, No. 72, October, 1863 A Magazine of Literature, Art, and Politics · 第 53 / 62 题