But again it is sometimes said, that the States, by their flagrant
treason, have _forfeited_ their rights as States, so as to be civilly
dead. It is a patent and indisputable fact, that this gigantic treason
was inaugurated with all the forms of law known to the States; that it
was carried forward not only by individuals, but also by States, so far
as States can perpetrate treason; that the States pretended to withdraw
bodily in their corporate capacities;--that the Rebellion, as it showed
itself, was _by_ States as well as _in_ States; that it was by the
governments of States as well as by the people of States; and that, to
the common observer, the crime was consummated by the several
corporations as well as by the individuals of whom they were composed.
From this fact, obvious to all, it is argued, that, since, according to
Blackstone, "a traitor hath abandoned his connection with society, and
hath no longer any right to the advantages which before belonged to him
purely as a member of the community," by the same principle the traitor
State is no longer to be regarded as a member of the Union. But it is
not necessary, on the present occasion, to insist on the application of
any such principle to States.