The Life and Work of James A. Garfield, Twentieth President of the United States / Embracing an Account of the Scenes and Incidents of His Boyhood; the Struggles of His Youth; the Might of His Early Manhood; His Valor As a Soldier; His Career As a Statesman; His Election to the Presidency; and the Tragic Story of His Death.

by John Clark Ridpath

“Phillimore, the great English publicist, says: ‘For all the purposes of international law, a state (demos, civitas, volk) may be defined to be a people permanently occupying a fixed territory, bound together by common laws, habits, and customs, into one body-politic, exercising through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace, and of entering into all international relations with the other communities of the globe.’—Phillimore’s International Law, vol. i, sec. 65.

“Substantially the same definition maybe found in Grotius, book one, chapter one, section fourteen; in Burlamaqui, volume two, part one, chapter four, section nine; and in Vattel, book one, chapter one. The primary point of agreement in all these authorities is, that in contemplation of international law a state is absolutely sovereign, acknowledging no superior on earth. In that sense the United States is a state, a sovereign state, just as Great Britain, France, and Russia are states.

“But what is the meaning of the word State as applied to Ohio or Alabama? Is either of them a state in the sense of international law? They lack all the leading requisites of such a state. They are only the geographical subdivisions of a state; and though endowed by the people of the United States with the rights of local self-government, yet in all their external relations their sovereignty is completely destroyed, being merged in the supreme Federal Government.—Halleck’s International Law, sec. 16, page 71.

“Ohio can not make war; can not conclude peace; can not make a treaty with any foreign government, can not even make a compact with her sister States; can not regulate commerce; can not coin money; and has no flag. These indispensable attributes of sovereignty, the State of Ohio does not possess, nor does any other State of the Union. We call them States for want of a better name. We call them States, because the original Thirteen had been so designated before the Constitution was formed, but that Constitution destroyed all the sovereignty which those States were ever supposed to possess in reference to external affairs.

“I submit, Mr. Speaker, that the five great publicists—Grotius, Puffendorf, Bynkershoek, Burlamaqui, and Vattel, who have been so often quoted in this debate, and all of whom wrote more than a quarter of a century, and some nearly two centuries before our Constitution was formed, can hardly be quoted as good authorities in regard to the nature and legal relationships of the component States of the American Union.

“Even my colleague from the Columbus District [Mr. Shellabarger], in his very able discussion of this question, spoke as though a State of this Union was the same as a state in the sense of international law, with certain qualities added. I think he must admit that nearly all the leading attributes of such a state are taken from it when it becomes a State of the Union.

“Several gentlemen, during this debate, have quoted the well known doctrine of international law, ‘that war annuls all existing compacts and treaties between belligerents;’ and they have concluded, therefore, that our war has broken the Federal bond and dissolved the Union. This would be true, if the rebel States were states in the sense of international law—if our Government were not a sovereign nation, but only a league between sovereign states. I oppose to this conclusion the unanswerable proposition that this is a nation; that the rebel States are not sovereign states, and therefore their failure to achieve independence was a failure to break the Federal bond—to dissolve the Union....

“In view of the peculiar character of our Government, in what condition did the war leave the rebel States?”

He argued that by the admission of a State to the Union, the laws of the United States were extended to it. A State might violate one of these laws, but could not annul it. Each rebel State exerted every power to break away from these laws, but was unable to destroy or invalidate one of them. Each rebel State let go of the Union, but the Union did not let go of it:

“Let the stars of heaven illustrate our constellation of States. When God launched the planets upon their celestial pathway, He bound them all by the resistless power of attraction to the central sun, around which they revolved in their appointed orbits. Each may be swept by storms, may be riven by lightnings, may be rocked by earthquakes, may be devastated by all the terrestrial forces and overwhelmed in ruin, but far away in the everlasting depths the sovereign sun holds the turbulent planet in its place. This earth may be overwhelmed until the high hills are covered by the sea; it may tremble with earthquakes miles below the soil, but it must still revolve in its appointed orbit. So Alabama may overwhelm all her municipal institutions in ruin, but she can not annul the omnipotent decrees of the sovereign people of the Union. She must be held forever in her orbit of obedience and duty.