that State becomes substantially the same as if they had
gone on board a British fleet in the Chesapeake, or enlisted under the
standard of an invading army. They have abdicated their offices, which
thereby become vacant. It was for "having endeavored to subvert the
constitution of the kingdom by breaking the original contract between
king and people, violated the fundamental laws, and having withdrawn
himself out of the kingdom," that James II. was declared by the House
of Commons to have abdicated the government. Would it have been less an
abdication, if he had remained within the realm, and attempted to hold
it as the viceroy of France? When, in June, 1775, Governor Dunmore and
his Council took refuge on board a British man-of-war, the Virginians of
that day proceeded to meet in convention, and provide new officers to
manage the affairs of their State. Let this historical precedent be
followed now. Wherever, in either of the States which the rebels have
sought to appropriate, the loyal citizens can find a spot in which they
can meet in safety, let them meet by their delegates in convention, and
adopt the necessary measures to elect new officers under their present
constitutions. The only irregularity will be what results from the
fact that treason in such high places and on so large a scale was not
contemplated, nor was a remedy furnished for it, in their frame of
government. It is merely a case not provided for, and the omission must
be supplied in the most practicable way. The new organization should and
undoubtedly would be recognized by the National Government, and by the
other States, as, _de facto_ and _de jure_, the State. It was settled
in the Rhode Island case, under Tyler's administration, that, where
different portions of the people claim to hold and exercise the powers
of a State government, it presents a political question which the
National Executive and Congress must decide; and that judicial
recognition must follow and conform to the political decision.
When, by such a course, the proper relations and functions of each State
should be resumed, there would no longer be any matter of State pride
to interfere with the absolute assertion of national authority. The new
State governments would be protected against armed assailants at home
and invasion from abroad; they would apply for and obtain assistance to
suppress domestic insurrection; every misguided insurgent would have
opportunity to return to his
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