nd maintained an attitude which entitled them to be
considered and treated as a belligerent, then, during such time, they
were precisely in the condition of a foreign nation with whom we were
at war; nor need their independence as a nation be acknowledged by us
to produce that effect."
Having read from a number of authorities to support his position, Mr.
Stevens continued: "After such clear and repeated decisions, it is
something worse than ridiculous to hear men of respectable standing
attempting to nullify the law of nations, and declare the Supreme
Court of the United States in error, because, as the Constitution
forbids it, the States could not go out of the Union in fact. A
respectable gentleman was lately reciting this argument, when he
suddenly stopped and said: 'Did you hear of that atrocious murder
committed in our town? A rebel deliberately murdered a Government
official.' The person addressed said, 'I think you are mistaken.' 'How
so? I saw it myself.' 'You are wrong; no murder was or could be
committed, for the law forbids it.'
"The theory that the rebel States, for four years a separate power and
without representation in Congress, were all the time here in the
Union, is a good deal less ingenious and respectable than the
metaphysics of Berkeley, which proved that neither the world nor any
human being was in existence. If this theory were simply ridiculous it
could be forgiven; but its effect is deeply injurious to the stability
of the nation. I can not doubt that the late Confederate States are
out of the Union to all intents and purposes for which the conqueror
may choose so to consider them."
Mr. Stevens further maintained that the rebel States should be
adjudged out of the Union on the ground of estoppel. "They are
estopped," said he, "both by matter of record and matter _in pais_.
One of the first resolutions passed by seceded South Carolina in
January, 1861, is as follows:
"_Resolved, unanimously_, That the separation of South
Carolina from the Federal Union is final, and she has no
further interest in the Constitution of the United States;
and that the only appropriate negotiations between her and
the Federal Government are as to their mutual relations as
foreign States."
"Similar resolutions appear upon all their State and Confederate
Government records. The speeches of their members of Congress, their
generals and executive officers, and the answers of thei
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