In view of all the facts here presented relative to the Northern States, let the reader answer where the sovereignty de facto resided. Most clearly in the Government of the United States. That presided over the ballot-box, held the keys of the prisons, arrested all citizens at its pleasure, suspended or suppressed newspapers, and did whatever it pleased under the declaration that the public welfare required it. But, under the principles of American liberty, the sovereignty is inherent in the people as an unalienable right; and, for the preservation and protection of this and other rights, the State governments were instituted. If, therefore, the people have lost this inherent sovereignty, it is evident that the State governments have failed to afford that protection for which they were instituted. If they have thus failed, it has been in consequence of their subversion and loss of power to fulfill the object for which they were established. This subversion was achieved when the General Government, under the pretext of preserving the Union, made war on its creators the States, thus changing the nature of the Federal Union, which could rightfully be done only by the sovereign, the people of the States, in like manner as it was originally formed. If they should permit their sovereignty to be usurped and themselves to be subjugated, individuals might remain, States could not. Of their wreck a nation might be built, but there could not be a Union, for that implies entities united, and of a State which has lost its sovereignty there may only be written, "It was."
[Footnote 86: Article IV, amendment.]
[Footnote 87: Article V, amendment.]
[Footnote 88: Article V, amendment.]
[Footnote 89: Article VI, amendment.]
[Footnote 90: Article I, section 9.]
[Footnote 91: The first act of Congress providing for an enrollment and draft was passed on March 8, 1363, three and a half months later than this order.]
[Footnote 92: See chapter on exchange of prisoners.]
[Footnote 93: Baltimore "Gazette," September 25, 1866.]