the Federal Government, are, to some extent, under the
jurisdiction of the Territorial Governments. Each is bound to protect
them in certain things; they are bound to support and obey each in
certain things.
The people of a State are also under the absolute jurisdiction of the
Federal Government in all matters embraced in the Constitution. They owe
it unqualified allegiance and support in those things. But they are
also, in some matters, under the jurisdiction of the State Government,
and owe allegiance to that. There are many matters over which both have
jurisdiction, and in which the citizens have a right to look to each, or
both, for protection. The courts of each issue writs of _habeas corpus_,
and give the citizens their liberty, unless there is legal cause for
their custody or restraint.
Now, if a State Government forfeits all right to the allegiance and
support of its citizens, they are not thereby absolved from their
allegiance to the Federal Government. On the contrary, the jurisdiction
of the Federal Government is thereby enlarged; for it is then the only
Government which the citizens are bound to obey. Take, for illustration,
the State of Arkansas. By seceding, the State Government forfeited all
claim to the obedience of the citizens. The inhabitants no longer owe it
any allegiance. If loyal, they will not obey it, except as compelled by
force. But they still owe allegiance to the United States Government.
And there being no other Government which they are bound to obey, they
are in the same condition as before the State was admitted into the
Union, or any Territorial Government was organized.
The same is true of South Carolina. For, though it was an independent
State before the Constitution was adopted, its citizens voluntarily
yielded up that position, and became subject to the Federal Government,
claiming the privileges and assuming the liabilities of a higher
citizenship. And if, by reason of its rebellion, their State Government
has forfeited its claim upon them, and its right to rule over them, they
owe no allegiance to any except the Government of the United States.
But it is argued by some, that a State, once admitted into the Union,
cannot forfeit its rights as a State under the Constitution, because it
cannot, as such, be guilty of treason; that the inhabitants may all be
traitors, and the State Government secede, and engage in a war against
the Republic, and yet retain all its rights intact.
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