A State, in the meaning of public law, has been defined to be a body of
persons _united together_ in one community, for the defence of their
rights. They do not constitute a State until _organized_. If the
organization ceases to exist, they are no longer a State. If the State
organization becomes despotic, and the inhabitants overthrow it by a
revolution, it then ceases to exist. The people are remitted to their
original rights, and must organize a new State.
A State, as such, may be guilty of treason. Crimes may be committed by
organized bodies of men. Corporations are often convicted, and punished
by fines, or by a forfeiture of all corporate rights. And though we have
no provision for putting a State on trial, it may, as a State, be
guilty. Treason is defined by the Constitution to be "levying war
against the United States." This is just what South Carolina, as a
State, is doing. Not only the people, but _the State Government_, has
revolted. The people owe it no allegiance. It is their duty, not to
support, but to _oppose_ it. The Federal Government owes it no
recognition. It has the right to destroy and exterminate it. A State
Government in rebellion has no rights under the Constitution. _It is
itself a rebellion_, and must necessarily cease to exist when the
rebellion is suppressed.
And when the State Government which has revolted shall be conquered and
overthrown, there will then be no South Carolina in existence. If there
were loyal people enough there, bond or free, to rise up and overthrow
it, they would be no more bound to revive the old Constitution, with its
tyrannical provisions, than were our fathers to return to the British
Government. Such a revolution is inaugurated in that State, by loyal
men, to overthrow the despotic power of the State Government. If the
State Government had remained loyal, it might have called on the Federal
Government. But by seceding it has justified the Federal Government in
aiding or organizing a revolution against it, for its utter overthrow
and extinction.
It is true, indeed, the idea prevails that there is still, somehow, a
State of South Carolina, besides that which is in rebellion. But the
State must exist _in fact_, or it has no existence. There is no such
thing as a merely theoretical State, separate and different from the
actual. The revolted States are the same States that were once loyal.
And when some loyal citizens in each of them, with the aid of the
Feder
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