第 43 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  ry subject to the Union。  This is  true of all the States formed out of the Territory of the  Northwest; and out of the domain ceded by France; Spain; and  Mexico to the United States。  All these cessions were held by the  United States as territory immediately subject to the Union;  before being erected into States; and by far the larger 289                                                         part is  so held even yet。  But Texas was an independent foreign state;  and was annexed as a State without having been first subjected as  territory to the United States。  It of course lost by annexation  its separate sovereignty。  But this annexation was held by many  to be unconstitutional; it was made when the State sovereignty  theory had gained possession of the Government; and was annexed  as a State instead of being admitted as a State formed from  territory belonging to the United States; for the very purpose of  committing the nation to that theory。  Its annexation was the  prologue; as the Mexican war was the first act in the secession  drama; and as the epilogue is the suppression of the rebellion on  Texan soil。  Texas is an exceptional case; and forms no  precedent; and cannot be adduced as invalidating the general  rule。  Omitting Texas; the simple fact is; the States acquire all  their sovereign powers by being States in the Union; instead of  losing or surrendering them。
  Our American statesmen have overlooked or not duly weighed the  facts in the case; because; holding the origin of government in  compact; they felt no need of looking back of the constitution to  find the basis of that unity of the American people which they  assert。  Neither Mr。 Madi… 190                          son nor Mr。 Webster felt any difficulty  in asserting it as created by the convention of 1787; or in  conceding the sovereignty of the States prior to the Union; and  denying its existence after the ratification of the constitution。   If it were not that they held that the State originates in  convention or the social compact; there would be unpardonable  presumption on the part of the present writer in venturing to  hazard an assertion contrary to theirs。  But; if their theory was  unsound; their practical doctrine was not; for they maintained  that the American people are one sovereign people; and Mr。 Quincy  Adams; an authority inferior to neither; maintained that they  were always one people; and that the States hold from the Union;  not the Union from the States。  The States without the Union  cease to exist as political communities: the Union without the  States ceases to be a Union; and becomes a vast centralized and  consolidated state; ready to lapse from a civilized into a  barbaric; from a republican to a despotic nation。
  The State; under the American system; as distinguished from  Territory; is not in the domain and population fixed to it; nor  yet in its exterior organization; but solely in the political  powers; rights; and franchises which it 291                                         holds from the United  States; or as one of the United States。  As these are rights; not  obligations; the State may resign or abdicate them and cease to  be a State; on the same principle that any man may abdicate or  forego his rights。  In doing so; the State breaks no oath of  allegiance; fails to fulfil no obligation she contracted as a  State: she simply forgoes her political rights and franchises。   So far; then; secession is possible; feasible; and not  unconstitutional or unlawful。  But it is; as Mr。 Sumner and  others have maintained; simply State suicide。  Nothing hinders a  State from committing suicide; if she chooses; any more than  there was something which compelled the Territory to become a  State in the Union against its will。
  It is objected to; this conclusion that the States were; prior to  the Union; independent sovereign States; and secession would not  destroy the State; but restore it to its original sovereignty and  independence; as the secessionists maintain。  Certainly; if the  States were; Prior to the Union; sovereign States; but this is  precisely what has been denied and disproved; for prior to the  Union there were no States。  Secession restores; or reduces;  rather; the State to the condition it was in before its admission  into the Union; but that condition 292                                    is that of Territory; or a  Territory subject to the United States; and not that of an  independent sovereign state。  The State holds all its political  rights and powers in the Union from the Union; and has none out  of it; or in the condition in which its population and domain  were before being a State in the Union。
  State suicide; it has been urged; releases its population and  territory from their allegiance to the Union; and as there is no  rebellion where there is no allegiance; resistance by its  population and territory to the Union; even war against the  Union; would not be rebellion; but the simple assertion of  popular sovereignty。  This is only the same objection in another  form。  The lapse of the State releases the population and  territory from no allegiance to the Union; for their allegiance  to the Union was not contracted by their becoming a State; and  they have never in their State character owed allegiance to the  United States。  A State owes no allegiance to the United States;  for it is one of them; and is jointly sovereign。  The relation  between the United States and the State is not the relation of  suzerain and liegeman or vassal。  A State owes no allegiance; for  it is not subject to the Union; it is never in their State  capacity that its population and territory do or 293                                                  can rebel。   Hence; the Government has steadily denied that; in the late  rebellion; any State as such rebelled。
  But as a State cannot rebel; no State can go out of the Union;  and therefore no State in the late rebellion has seceded; and the  States that passed secession ordinances are and all along have  been States in the Union。  No State can rebel; but it does not  follow therefrom that no State can secede or cease to exist as a  State: it only follows that secession; in the sense of State  suicide; or the abdication by the State of its political rights  and powers; is not rebellion。  Nor does it follow from the fact  that no State has rebelled; that no State has ceased to be a  State; or that the States that passed secession ordinances have  been all along States in the Union。
  The secession ordinances were illegal; unconstitutional; not  within the competency of the State; and therefore null and void  from the beginning。  Unconstitutional; illegal; and not within  the competency of the State; so far as intended to alienate any  portion of the national domain and population thereto annexed;  they certainly were; and so far were void and of no effect; but  so far as intended to take the State simply as a State out of the  Union; they were 294                  within the competency of the State; were not  illegal or unconstitutional; and therefore not null and void。   Acts unconstitutional in some parts and constitutional in others  are not wholly void。  The unconstitutionality vitiates only the  unconstitutional parts; the others are valid; are law; and  recognized and enforced as such by the courts。
  The secession ordinances are void; because they were never passed  by the people of the State; but by a faction that overawed them  and usurped the authority of the State。  This argument implies  that; if a secession ordinance is passed by the people proper of  the State; it is valid; which is more than they who urge it  against the State suicide doctrine are prepared to concede。  But  the secession ordinances were in every instance passed by the  people of the State in convention legally assembled; therefore by  them in their highest State capacityin the same capacity in  which they ordain and ratify the State constitution itself; and  in nearly all the States they were in addition ratified and  confirmed; if the facts have been correctly reported; by a  genuine plebiscitum; or direct vote of the people。  In all cases  they were adopted by a decided majority of the political people  of the State; and after their adoption they were 295                                                  acquiesced in  and indeed actively supported by very nearly the whole people。   The people of the States adopting the secession ordinances were  far more unanimous in supporting secession than the people of the  other States were in sustaining the Government in its efforts to suppress the rebellion by coercive measures。  It will not do;  then; to ascribe the secession ordinances to a faction。  The  people are never a faction; nor is a faction ever the majority。
  There has been a disposition at the North; encouraged by the few  Union men at the South; to regard secession as the work of a few  ambitious and unprincipled leaders; who; by their threats; their  violence; and their overbearing manner; forced the mass of the  people of their respective States into secession against their  convictions and their will。  No doubt there were leaders at the  South; as there are in every great moveme