the american republic-第53章
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oundaries； and all true Americans wish to continue the constitution as it is； and the Union as it was。 Who would see old Virginia； the Virginia of revolutionary fame； of Washington； Jefferson； Madison； of Monroe； the 〃Old Dominion；〃 once the leading State of the Union； dead without hope of resurrection？ or South Carolina； the land of Rutledge； Moultrie； Laurens； Hayne； Sumter； and Marion？ There is something grating to him who values State associations； and would encourage State emulation and State pride； in the mutilation of the Old Dominion and the erection within her borders of the new State called West Virginia。 States in the Union are not mere prefectures； or mere dependencies on the General government； created for the convenience of administration。 They have an individual； a real existence of their own； as much so as have the individual members of society。 They are free members； not of a confederation indeed； but of a higher political community； and reconstruction should restore the identity of their individual life； suspended for a moment by secession； but capable of resuscitation。
These States had become； indeed； for a mo… 319 ment； territory under the Union； but in no instance had they or could they become territory that had never existed as States。 The fact that the territory and people had existed as a State； could with regard to none of them be obliterated； and； therefore； they could not be erected into absolutely new States。 The process of reconstructing them could not be the same as that of creating new States。 In creating a new State； Congress； ex necessitate； because there is no other power except the national convention competent to do it； defines the boundaries of the new State； and prescribes the electoral people； or who may take part in the preliminary organization but in reconstructing States it does neither； for both are done by a law Congress is not competent to abrogate or modify； and which can be done only by the United States in convention assembled； or by the State itself after its restoration。 The government has conceded this； and； in part； has acted on it。 It preserves； except in Virginia； the old boundaries； and recognizes； or rather professes to recognize the old electoral law； only it claims the right to exclude from the electoral people those who have voluntarily taken part in the rebellion。
The work to be done in States that have se… 320 ceded is that of reconstruction； not creation； and this work is not and cannot be done； exclusively nor chiefly by the General government； either by the Executive or by Congress。 That government can appoint military； or even provisional governors； who may designate the time and place of holding the convention of the electoral people of the disorganized State； as also the time and place of holding the elections of delegates to it； and superintend the elections so far as to see the polls are opened； and that none but qualified electors vote； but nothing more。 All the rest is the work of the territorial electoral people themselves； for the State within its own sphere must； as one of the United States； be a self…governing community。 The General government may concede or withhold permission to the disorganized State to reorganize； as it judges advisable； but it cannot itself reorganize it。 If it concedes the permission； it must leave the whole electoral people under the preexisting electoral law free to take part in the work of reorganization； and to vote according to their own judgment。 It has no authority to purge the electoral people； and say who may or may not vote； for the whole question of suffrage and the qualifications of electors is left to the State； and can be settled neither 321 by an act of Congress nor by an Executive proclamation。
If the government theory were admissible； that the disorganized States remain States in the Union； the General government could have nothing to say on the subject； and could no more interfere with elections in any one of them than it could with elections in Massachusetts or New York。 But even on the doctrine here defended it can interfere with them only by way of general superintendence。 The citizens have； indeed； lost their political rights； but not their private rights。 Secession has not dissolved civil society； or abrogated any of the laws of the disorganized State that were in force at the time of secession。 The error of the government is not in maintaining that these laws survive the secession ordinances； and remain the territorial law； or lex loci； but in maintaining that they do so by will of the State； that has； as a State； really lapsed。 They do so by will of the United States； which enacted them through the individual State； and which has not in convention abrogated them； save the law authorizing slavery； and its dependent laws。
This point has already been made； but as it is one of the niceties of the American constitution； it may not be amiss to elaborate it at 322 greater length。 The doctrine of Mr。 Jefferson； Mr。 Madison； and the majority of our jurists； would see to be that the States； under God； are severally sovereign in all matters not expressly confided to the General government； and therefore that the American sovereignty is divided； and the citizen owes a double allegianceallegiance to his State； and allegiance to the United Statesas if there was a United States distinguishable from the States。 Hence Mr。 Seward； in an official dispatch to our minister at the court of St。 James； says： 〃The citizen owes allegiance to the State and to the United States。〃 And nearly all who hold allegiance is due to the Union at all； hold that it is also due to the States； only that which is due to the United States is paramount； as that under feudalism due to the overlord。 But this is not the case。 There is no divided sovereignty； no divided allegiance。 Sovereignty is one； and vests not in the General government or in the State government； but in the United States； and allegiance is due to the United States； and to them alone。 Treason can be committed only against the United States； and against a State only because against the United States； and is properly cognizable only by the Federal courts。 Hence the Union men committed no treason in 323 refusing to submit to the secession ordinances of their respective States； and in sustaining the national arms against secession。
There are two very common mistakes： the one that the States individually possess all the powers not delegated to the General government； and the other that the Union； or United States； have only delegated powers。 But the United States possess all the powers of a sovereign state； and the States individually and the General government possess only such powers as the United States in convention delegate to them respectively。 The sovereign is neither the General government nor the States severally； but the United States in convention。 The United States are the one indivisible sovereign； and this sovereign governs alike general matters in the General government； and particular matters in the several State governments。 All legal authority in either emanates from this one indivisible and plenary sovereign； and hence the law enacted by a State are really enacted by the United States； and derive from them their force and vitality as laws。 Hence； as the United States survive the particular State； the lapse of the State does not abrogate the State laws； or dissolve civil society within its jurisdiction。
324 This is evidently so； because civil society in the particular State does not rest on the State alone； nor on Congress； but on the United States。 Hence all civil rights of every sort created by the individual State are really held from the United States； and therefore it was that the people of non…slaveholding States were； as citizens of the United States； responsible for the existence of slavery in the States that seceded。 There is a solidarity of States in the Union as there is of indivi
