It has been objected that this doctrine is equivalent to a recognition of the right of Secession, because it concedes the power of any one State to withdraw from the Union. But the fallacy of this objection is easily demonstrated.
The Federal Government does not emanate from the States, but directly from the people. The relation between them is that of protection on the one hand and allegiance on the other. This relation cannot be dissolved by either party, unless by voluntary or compulsory expatriation. It subsists alike in States and Territories, not being dependent upon any local government. The Rebels claim the right to dissolve this relation, and to become free from and independent of the Federal Government, though retaining the same territory as before. We deny any such right, and hold, that, though they may forfeit their rights as a State, they are still bound by, and under the jurisdiction of, the Federal Government. This jurisdiction, though absolute in all places, is not the same in all.
In the District of Columbia, and in all unorganized territories, the jurisdiction of the Federal Government is exclusive in its extent, as well as in its nature. It must protect the inhabitants in all their rights,—for there is no other power to protect them. They owe allegiance to it, and to no other.
The inhabitants of the organized territories, though under the general jurisdiction of the Federal Government, are, to some extent, under the jurisdiction of the Territorial Governments. Each is bound to protect them in certain things; they are bound to support and obey each in certain things.
The people of a State are also under the absolute jurisdiction of the Federal Government in all matters embraced in the Constitution. They owe it unqualified allegiance and support in those things. But they are also, in some matters, under the jurisdiction of the State Government, and owe allegiance to that. There are many matters over which both have jurisdiction, and in which the citizens have a right to look to each, or both, for protection. The courts of each issue writs of habeas corpus, and give the citizens their liberty, unless there is legal cause for their custody or restraint.
Now, if a State Government forfeits all right to the allegiance and support of its citizens, they are not thereby absolved from their allegiance to the Federal Government. On the contrary, the jurisdiction of the Federal Government is thereby enlarged; for it is then the only Government which the citizens are bound to obey. Take, for illustration, the State of Arkansas. By seceding, the State Government forfeited all claim to the obedience of the citizens. The inhabitants no longer owe it any allegiance. If loyal, they will not obey it, except as compelled by force. But they still owe allegiance to the United States Government. And there being no other Government which they are bound to obey, they are in the same condition as before the State was admitted into the Union, or any Territorial Government was organized.
The same is true of South Carolina. For, though it was an independent State before the Constitution was adopted, its citizens voluntarily yielded up that position, and became subject to the Federal Government, claiming the privileges and assuming the liabilities of a higher citizenship. And if, by reason of its rebellion, their State Government has forfeited its claim upon them, and its right to rule over them, they owe no allegiance to any except the Government of the United States.
But it is argued by some, that a State, once admitted into the Union, cannot forfeit its rights as a State under the Constitution, because it cannot, as such, be guilty of treason; that the inhabitants may all be traitors, and the State Government secede, and engage in a war against the Republic, and yet retain all its rights intact.
A State, in the meaning of public law, has been defined to be a body of persons united together in one community, for the defence of their rights. They do not constitute a State until organized. If the organization ceases to exist, they are no longer a State. If the State organization becomes despotic, and the inhabitants overthrow it by a revolution, it then ceases to exist. The people are remitted to their original rights, and must organize a new State.
A State, as such, may be guilty of treason. Crimes may be committed by organized bodies of men. Corporations are often convicted, and punished by fines, or by a forfeiture of all corporate rights. And though we have no provision for putting a State on trial, it may, as a State, be guilty. Treason is defined by the Constitution to be "levying war against the United States." This is just what South Carolina, as a State, is doing. Not only the people, but the State Government, has revolted. The people owe it no allegiance. It is their duty, not to support, but to oppose it. The Federal Government owes it no recognition. It has the right to destroy and exterminate it. A State Government in rebellion has no rights under the Constitution. It is itself a rebellion, and must necessarily cease to exist when the rebellion is suppressed.