The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1862-04-30

Can . State Rebels
The question whether . State, - such, can
rebel against the General Government, u excl
ting Just now. good deal Of discussion, and is
one worthy Of careful consideration. It ID .
question, pregnant with great consequences, for
upon il determination, in . great measure, viii
depend the future condition Of the States within
whose borders the rebellion exists. Upon the
answer TO this question, will hang tho eourss
which the Government win pursue towards those
Sssssa Upon the solution of this question de-.
pends the solution Of those other more vital
questions: What 10 the status Of the country
involved in the rebellion! Do States, under the
Coossitution, still exist there! What shall be
done with them when the rebellion il at an end
Can the General Government consider then a.
mere Territories, and establish Territorial Gov.
srnnsns over them: Has the rebellion been
participated in BY the State Governments in such
. way - 70 work . forfeiture 70 the General
Government Of their rights and sovereignty a.
ssasssi
O. A. Brownson, in his last Qsoyssyls Rsvisw,
seems 70 settle the matter in his own mind BY
the argument, that il We conceds State to be
- civil and political entity, or civil and poti.
cal person, and that il 10 capable Of State actions
end when, - . State, it resists the legitimate
authority Of the General Gevernnsnt, and arms
its citissas against it, it rebels. II We deny the
autonomy Of the State, deny that il il civiland
political person, that 10, in the sense q corpo.
ration u called . person, We eliminate the fsde-
raj element Of our political system, and make
our Republic not . federal, buts consolidated or
centralized Republic"
Now to US, this reasoning appears fsllaclous
IL may safely be admitted, thas - State il . civ.
and political entity, or civil and political per.
con, and capable Of State action" and yet, it
does not follow, that because il 10 co. it is eaps.
bic Of committing treason. On the other hand.
the very reason why il cannot commit treason
Or rebellion, is because il 10 80 civil and polifi
eel entity" and has no soul, no conscience.
Only "asSrsl persons, possessing souls and con.
seisHcss, can commit crimes, and rebellion i, the
sr'sfe'f crime, synonymous with treason, and
punishable with the ssveress penalties known to
the Law.
Ii Stats can commit the crime of treason.
perhaps Mr.. BrOwnson Can inform an anxious and
snquiring world, how it can be arraigned and
tried for that offence! Who il to be the Judge |.
Who the jury! Who prosscutes? Who de.
tends! Where 10 the prisoner! We would
like to sec the Indictment: 1.-THE People Of the
United States Of America, 10. The State of
South Carolina" A legal curiosity it would be,
to be sure! What proof has the counsel for
the Government against the aeexsels Proof
enough, We have no doubt, you have against
Francis W. Pickens, rev Governor DE- faeso, late
Governor dejure, Of that State, against Ham.
mond, Chestnut, and Rhstt, and hosts Of others,
whiiom high officials therein. Proof over.
whelming may be Noted upon your brief, Of pri.
vsse, individual treason, committed by members
ct that "civil and political entity" bat none
Whatever against the State of South Carolina.
II State can commit crime, it can be tried
and pssnishs4 for that crime. All the legal con.
sequences will follow the State, that would fol.
low the individual, if it can, like natural per.
son, commit a crime. To rs, the conclusion
drawn from Mr. Brownson's premises, appears
absurd.
A State in its State capacity, can no more
commit the crime Of treason, than it can the
crime Of murder, or highway robbery, or assault
and battery-it can no more rebel, than it can
seesde. A governor Of State may, in his indi.
vidsal capacity, rebel; Judges of the State
courts, and members Of the State Legislature,
may as individuals, not as judges or legislators,
Get at naught the authority of the United States,
andrebel They thereby, become private traitors.
matter what Office they may hold, whether Gov
srnor or Judge, Senator or Representative, Shsr.
II Or Hog-rseve, it is the treason Of the individ.
sal. and not Of the officer. No doubt, the treas
on works for6turs of the Office, 90 far % the
nan holding it is concerned, and il cause for
his impeachment, and removal therefrou; bat
does not destroy or discontinue the Office. That
belongs to the people, and rsverts to them. The
authority Of the officer lapsss, and vacancy 10
created, to be filed BY the loyal people, who
ealy, constitute State. Unlike mere private
cooperation, State cannot forfeit il rights
end sovereignty BY nos.~ssr or nsis-xssr.
Bat it is objected, that the people too, have
joissd in the conspiracy they too have commit.
Ted treason; the fountain Of power itself, has
become corruptsd-the people rsfuss 70 Gil the
vaeanciea, under the Consultation. They refuse
- obey the laws.
We answer, that there are yet no doubt, i.
81 the States cursed BY rebellion, loyal uen
enough TO gil the Offices in the several State
ssvsrnmenss, and should they elect themselves
- once, and proceed to exercise the functions
ef e6cers. under the State Constitution, We
have NO doubt they would be recognized a
stasss De faeto and De jsrs BY the General Gov.
eminent, and there 10 power enough in that
ssvsrnnent to sustain them in the exercise Of
thee functions. Congress has already reeoe.
nissd Western Virginia upon this principle.
Not until all the eitizens Of State shall
bsoeos utterly tainted with treason, or the
State b entirely depepulated, can it be
said that il may relapse into tsrritsry, aud its
State Government be entirely lost; bet in no
ease can il be said, that State has committed
tsass.. and 70 forfeited il powers, OF status. a.
Suite.
Ar. bssvnsoo further argues from his prsmi.
~ that - The State ceases 70 live, bei.e kilIed
By The rebellion, "and nothing nves sxeept IL.
natural law, and the constitution and av, At
tAs United States, and as no one haa. under
ssAsr OF them. any title to slaves, slavery nscss-