sustain such a proposition. A rebellion
puts everything at risk. Any other doctrine would hold out encouragement
to all wicked and rebellious spirits. If they revolt, they know that
everything is staked upon the chances of success. Everything is lost by
defeat. By the laws of war, long established among the nations,--laws
which the Rebel States have themselves invoked,--if they fail, they will
have no right to be restored, except upon such terms as our Government
may prescribe. The right to make war, conferred by the Constitution,
carries with it all the rights and powers incident to a war, necessary
for its successful prosecution, and essential to prevent its recurrence.
But without resorting to the extraordinary powers incident to a state of
war, the same conclusion, in regard to the effect of a rebellion by a
State Government, results from the relations which the States sustain to
the Federal Government. Though they cannot escape its jurisdiction,
their position, _as States_, is one which may be forfeited and lost.
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
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