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"Indeed, the main feature which distinguishes the Union under the Constitution from the old Confederation is this: that whereas the old Confederation did deal with States directly, making requisitions upon them for supplies and relying upon them for the execution of its laws, the Constitution of the United States, in order to form a more perfect Union, made its laws binding on the individual citizens of the several States, whether living in one State or in another. Congress, as the legislative branch of this Government, enacts a law which shall be operative upon every individual within its jurisdiction. It is binding upon each individual citizen, and if he resists it by force, he is guilty of a crime, and is punished accordingly, any thing in the constitution or laws of his State to the contrary notwithstanding. But the States themselves are not touched by the laws of the United States or by the Constitution of the United States. A State can not be indicted; a State can not be tried; a State can not be hung for treason. The individuals in a State may be so tried and hung, but the State as an organization, as an organic member of the Union, still exists, whether its individual citizens commit treason or not." Mr. Raymond subsequently cited some of the consequences which he thought must follow the acceptance of the position assumed by Mr. Stevens. "If," said Mr. Raymond, "as he asserts, we have been waging war with an independent Power, with a separate nation, I can not see how we can talk of treason in connection with our recent conflict, or demand the execution of Davis or any body else as a traitor. Certainly if we were at war with any other foreign Power, we should not talk of the treason of those who were opposed to us in the field. If we were engaged in a war with France, and should take as prisoner the Emperor Napoleon, certainly we could not talk of him as a traitor or as liable to execution. I think that by adopting any such assumption as that of the honorable gentleman, we surrender the whole idea of treason and the punishment of traitors. I think, moreover, that we accept, virtually and practically, the doctrine of State sovereignty, the right of a State to withdraw from the Union, and to break up the Union at its own will and pleasure. "Another of the consequences of this doctrine, as it seems to me, would be our inability to talk of loyal men in the South. Loyal to what? Loyal to a foreign, independent P
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