The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-02-21

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tiOnal forces, aud after the suppress
sion of the rebellion, as a matter of
right Immediately became the prop
erty 1f South CurOlina because th6y
were inanimate objects and inca pable
of treason? Are we told that every
! thing done to amend the Constitution
/ of South Carolina so as to make it the
1 Instrument of treason, or to pervert 1T
to the cause of rebellion, was illegal
| and void, and that this Constitution
Is therefore Of unimpared validity? l
reply, so was every act of Governor
Magrath, of South Carolina, done in
aid of the rebellion, illegal and void.
1t so, the rebellion being suppressed,
and the Governor having ceased all
opposition to the constituted author
ity Of the nation, and the Constitu-
ton of South Carolina being no long
er used as an instrument of rebellion,
why does the one cease to be a valid
Governor and the other continue to
be a valid Constitution
The treason that was so general and
so atrocious as to destroy the living
organism, dragged down to the grave
with it the inanimate parchment
which constituted the house or shell
in which the vital organism called the
Government of South Carolina lived,
moved and had its being.
AS well tell me that the body lives
when the spirit has departed. as to
make me believe that a mere mani
mate frame work of a Government
can survive after its soul has been
politically damned for the blacklist of
| treason.
But again, Mr.. Hendricks says: A
State Constitution is the bond of its
organization; not only the bond of
| political organization, but, to some
/ extend, the bond that holds it to the
| Federal Union. [ do not very clearly
understand CONTINUES the Senator)
how State can be in the Union with
out a State Government. | do IN
derstand that if State should cease
| to have a Government, (f [ may so
| express what seems to be a paradox, }
that the people would still be under
! the law and authority of the Federal
Government to the extent of the ju-
| risdiction of that Government. But,
sir, State to be a State in the Union
must be a political organization"
The words political organization
are here used by Mr.. Hendricks not
to signify a Government in actual
| operation under a constitution, but to
! signify the constitution t-elf. For i'm
mediately afterward he says: Then,
sir, when a State Constitution is once
| formed, and the State under that Con-
| stitution is admitted into the Union,
that State organization is not a sepa-
rate and independent thing, but IN its
organization becomes a part of the
Federal Union. The Constitution of
| the State, when the State has been
thus admitted, becomes a part of the
National Union and compact, and |
deny that the people Of that
State have a right to destroy
their State Government and
thus cease to be within the
Union. / deny that a Constitution of
the people, that the Legislature of
the State, or any assemblage of the
people whatever can voluntarily term
mate the existence of a State Govern
ment. and thus cut off their connec-
ton with the Federal Union. That,
in my Judgment, can only be accom-
plished with the consent of all the
States. Take the case of Louisiana
The people formed her State Govern
constitution she was admitted into
the Union. Is that Constitution Of
hers, (subject to her amendment and
her modification, of course.) not a
part of the Federal system when she
is thus admitted; and is it possible
that that bond of society, that means
of political organism can cease to eX
list, and that there is no longer any
State of louisiana -
have made this lengthy quotation
from Mr.. Hendricks last speech, so
that his position may be fairly stated;
so that you may not misunderstood,
and that [ may not misrepresent him
by making a partial extract.
He says that he " does not very
clearly understand how a State can be
In the Union without a State govern
mem" here again using the word
government, not to signify a legIsla-
ture, an executive and a judiciary,
operating under Constitution, but to
mean simply a Constitution.
A State cannot certainly be State
IN the Union complete aud perfect IN
ali its parts without having both a
constitution and an organized gov
eminent IN actual existence, perform
ing its functions under that constitu-
ton. But if we can understand how
a State may be a State in the Union.
and be in a condition of anarchy for
the want of all existing machinery by
which laws can be enacted, executed
and administered, can we not as easily
understand why this anarchy may
/ have gone one step farther and left
/ the State not only without govern
! I d,