The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1864-05-18

eis-tV with which n was so invested. and bv
virtue OF which il was made living souls Ii
returns to the people, and may be exercised by
them de moro, the same as though no govern
meni had ever existed
So much as to the general characteristics Of a
State"
Under the definitions above given. and within
the general meaning OF the term, the Government
Of the United States is State" Il is union
of the people, and OF all the people, into one
body or community for the purposes named ia
the definition given by Chancellor Kent. A. We,
the people Of the United States, in order 10 form
4 more perfect Union &c, Is the language Of
tie preamble TO the Constitution I. il the 81
preme State in all matters within the scope ot its
powers aud jurisdiction. Ii was invested bv the
/ people with sovereignty superior 10, and su-
preme over, all others that may or eau exist
an~here within its jurisdiction.
To become and TO be State Of the Union re-
quires the express action OF Congress, admitting
II as SUCH and its submission TO the Constitution
and laws OF the Union.
/ Each State, therefore, owes its existence orig.
inslly TO the mandate and express consent Of the
supreme State, the General Government and
all the people OF each State and the States them
selves owe primary allegiance TO that superior
sovereignty.
My view, then, is this the Government is
the State; its soul and essence is the sovereign
ty ~ith which the people have invested t for
certain specified ends; among which ends IS
obedience TO the national Constitution and laws
/ When such government becomes subversiVe Of
those ends, or seeks, BY virtue of that sovereign
/ " with which il has been invested. TO bring the
people in conflict with that superior sovereignty
to which they owe allegiance, or when such gov
ernment becomes abrOgated or DESTROYED by anv
means, the sovereignty with which it was inves
ted returns To the people, 10 be exercised by
them dc moro. When State has thus, bv its
own act become divested of its sovereignty, its
soul and essence IS gone, aud it ceases to exist
as a State Of the Union.
Ii does not 60 out Of the Union that is i'm
possible. That idea involves the absurdetv that
+ a State of this Union can exist outside of the
/ Union. Ii simply ceases TO exist when it ceases
10 be State OF the Union. If in such case il
continues to maintain the forms Of an excresence
upon the body polite of the nation, TO be re-
moved and dissolved 10 make room for the ex-
ercise OF national sovereignty and for legitimate
State organizations by the people.
/ The superior sovereignty and jurisdiction can.
not be destroyed or impaired by the destruction,
subverson, or abrogation Of the inferior. Aud
hence when the inferior ceases 70 exist the na-
tioual authority remains AS complete as before
over the entire territory and people.
Territory is not the State Ii is the habia-
tiOn Of the State. Ii prescribes tie boundaries
OF its local jurisdiction. In a governmental
sense territory is national and remains national
the same alter State organization as before. To
/ illustrate; the people of any portion Of the ma
tiona territory may go through the forms or or
ganizang a State government by adopting a
constitution and electng officers under it, but il
] laf ftaat If
anywhere within the national boundaries, aud
has 10 standing whatever, without the previous
consent of Congress When Congress Yields it,
assent and prescribes the boundaries of the new
| organization, then, and not until then, il has a
footing TO stand upon; but national Jurisdiction
over such territory is not thereby suppanted
or impaired The new organization comes
in under and subject to national jurisdiction and
sovereignty. Aud what folly would il be TO
a"ntend that tha national Government could NOT
afterwards assert It's jurisdiction aud sovereignty
| over such territory to the entire exclusion Of a
foreign Power usurping such State government
and even OF such State government itself, If sub
verted and sought to be maintained in defiant
opposition to the national authority
And yet there are those who contend, not.
withstandng State is in open aud defiant re
bellion against the Federal authority, vet that il
I
ties to which it became entitled on being admit
ted into the Union This doctrine Involves th.
absurdity that, although it was necessary fo
such States TO submit themselves TO the superior
binding force of the national Constitution ant
laws, in order to become State, and be entitled
as such to the rights. privileges, and mmunitie'
OF a State OF the Union, yet that a cOutiuanc,
OF its existence as Stste Of the Union aud O
its rights and privileges such does not depend
upon a continuance Of It's submission 10 nationa
athOrity.
This brings Us To a more minute consideration
of the questions, What are the true relation,
Of the States in rebellion TO the General Govern
ment while at war with its" And What vii
be those relations when those States are con
quered p
We speak of them as States in rebellion
will be seen that this Is not contradiction il
terms. might at first appear; but that in thi
idea lies Il strong argument that BY their rebel
lion they have ceased to be States of the Union
Those organizations now at war with this natiOl
are not new organizations, endeavOring to sup
plant and usurp the territory aud jurisdiction O
the old. They are the same old organizations
operating under the same old constitution an,
laws. We are not cOntending to prevent som
foreign Power from usurping the government 0
those States. From the very nature OF the cas-
We are not speeding all this blood and treasur
in endeavorng 10 aid those States 70 sustain thei
position in the Union, and as part OF il, sgains
the depradatiOns and usurpations of some ioreg
Power. No, sir As has been already shown
those States have by their own acts ceased TO b
States of the Uuion But they keep up the fOru
, / of State government-the same form as before
: They have entered into a new cOniederacy. L
both these capacities they constitute power
focto; aud as such power they are endeAvorin
not 10 supplant and usurp the old State govern
, ments-it is absurd TO Say that power is en-
deavoring to supplant itself-but the effort o
their part is TO supplant aud usurp the nations
, Government and it is against that usurpatio
that we are contending.
We speak Of them az States, and call them b
their old names but is is a mere matter OF de
scription; aconvenient mode of expression
They once we're States Of the Union. 10 forr
" they still maintain the same organization and th
same geographical boundaries; aud As a conven
- ent and ready designation of them as a pOwe
: de faeto We call them BY the same old names.
!, In calling them States, and treating them q
: powers do faeto, we do not concede the right {
the legal power of secession. We deny th
right OF secession, and yet, in the case Of thes
States. il may become a fact. Il has becom
such. but by wrong, by the highest Of crime
= treason, robbery and murder; nevertheless Il
= 10 less fact. By it, however, came death an
? dissolution 10 the body polite Of those State
2 Lot By virtue of their resolutions and official {
conventional declaration of secession alone, fC
these we're utilities, and they we're meaninrle'
II until followed by action. When followed b
s action. forcible resistance TO Federal authority
e these resolutions and declarations had meaoinl
q They showed the aniHrus OF such resistance, q