FREE BOOKS

Author's List




PREV.   NEXT  
|<   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   >>  
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
PREV.   NEXT  
|<   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   >>  



Top keywords:
Government
 

Federal

 

jurisdiction

 
States
 
relation
 
rights
 

powers

 

incident

 

allegiance

 

doctrine


protect
 
inhabitants
 

sustain

 

rebellion

 

territories

 

easily

 

objection

 

protection

 

fallacy

 

voluntary


demonstrated
 

emanate

 

directly

 
people
 

dissolved

 
compulsory
 
District
 

Columbia

 

unorganized

 

places


absolute

 

exclusive

 
extent
 
organized
 

general

 
nature
 

forfeit

 

government

 

Rebels

 

dependent


subsists

 

Territories

 
dissolve
 

territory

 
retaining
 
independent
 

expatriation

 

effect

 
established
 

defeat