CHAPTER I
THE THEORY OF RECONSTRUCTION
[The Conception of a "State" in a System of Federal Government]—[The Different Kinds of Local Government Provided for in the Constitution of the United States]—[Local Government Under the Constitution of the United States]—["State" Destructibility in the Federal System of Government—The Effect on "State" Existence of the Renunciation of Allegiance to the Union]—[The Idea of "State" Perdurance]—[The Constitutional Results of Attempted Secession].
The key to the solution of the question of Reconstruction is the proper conception of what a "State" is in a system of federal government. This is
The conception
of a "State" in
a system of
federal
government.
It must be kept in mind that this is not the only kind of local government known in the constitutional law and practice of the United
The different kinds
of local government
provided for in the
Constitution of
the United States.
The Constitution of the United States recognizes and provides for all three of these species of local government, and vests in Congress the
Local government
under the
Constitution of
the United States.
Such being the nature of a "State" of the Union and such the method of its creation, what reason is there for speaking of the "States" in a
"State" destructibility
in the system of
federal government.
The effect on "State"
existence of the
renunciation of
allegiance to the
Union.
Neither is there any reason for holding that the old "State" organization perdures as an abstract something under the forms of
The idea of "State"
perdurance.
The acceptance of
this idea by the
Government of
the United States.
From the view which we take of the nature of a "State" in a system of federal government, and its possible destructibility, there is not much
The constitutional
results of attempted
secession.
If rebellion against the supremacy of the Constitution and laws of the United States should not be committed by an existing "State" organization, but by a new organization claiming to be the "State" organization within the district concerned, the existing organization remaining loyal, but requiring the aid of the central Government to maintain its authority, then the withdrawal of that aid by the President after the accomplishment of its purpose would, of course, leave the old "State" organization with restored authority, and Congress would have no function to perform in the re-establishment of civil government in such a district, or in the readmission of its population to participation in the central Government. This was the course followed in Missouri and Kentucky, and it was the course, which, at first, was attempted in the case of Virginia. In the first two cases it was entirely correct. In the last it had to be abandoned, for reasons, and on account of conditions, which will be explained later.
What we have, therefore, in the theory and history of Reconstruction is the case of existing "State" organizations forcibly resisting the execution of the supreme law of the land, and stricken down by the executive power of the central Government in the attempt, that power being exercised at its own motion and in its own way.