the american republic-第51章
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
a State in going out of the Union does not cease to be a State but simply resumes the powers it had delegated to the General government。 It cannot be maintained on Mr。 Madison's or Mr。 Webster's theory； that the States prior to the Union were severally sovereign； but by the Union were constituted one people； for； if this one people are understood to be a federal people； State secession would not be State suicide； but State independence； and if understood to be one consolidated or centralized people； it would be simply insurrection or rebellion against the national 306 authority； laboring to make itself a revolution。 The government seems to have understood Mr。 Madison's theory in both sensesin the consolidated sense； in declaring the secessionists insurgents and rebels； and in the federal sense； in maintaining that they have never seceded； and are still States in the Union； in full possession of all their political or State rights。 Perhaps； if the government； instead of borrowing from contradictory theories of the constitution which have gained currency； had examined in the light of historical facts the constitution itself； it would have been as constitutional in its doctrine as it has been loyal and patriotic； energetic and successful in its military administration。
Another reason why the doctrine that State secession is State suicide has appeared so offensive to many； is the supposition entertained at one time by some of its friends； that the dissolution of the State vacates all rights and franchises held under it。 But this is a mistake。 The principle is well known and recognized by the jurisprudence of all civilized nations； that in the transfer of a territory from one territorial sovereign to another； the laws in force under the old sovereign remain in force after the change； till abrogated； or others are enacted 307 in their place by the new sovereign； except such as are necessarily abrogated by the change itself of the sovereign； not； indeed； because the old sovereign retains any authority； but； because such is presumed by the courts to be the will of the new sovereign。 The principle applies in the case of the death of a State in the Union。 The laws of the State are territorial； till abrogated by competent authority； remain the lex loci； and are in full force。 All that would be vacated would be the public rights of the State； and in no case the private rights of citizens； corporations； or laws affecting them。
But the same conclusion is reached in another way。 In the lapse of a State or its return to the condition of a Territory； there is really no change of sovereignty。 The sovereignty； both before and after； is the United States。 The sovereign authority that governs in the State government； as we have seen； though independent of the General government； is the United States。 The United States govern certain matters through a General government； and others through particular State governments。 The private rights and interests created； regulated； or protected by the particular State； are created； regulated； or protected by the United States； as much and as plenarily as 308 if done by the General government； and the State laws creating； regulating； or protecting them can be abrogated by no power known to the constitution； but either the State itself； or the United States in convention legally assembled。 If this were what is meant by the States that have seceded； or professed to secede； remaining States in the Union； they would； indeed； be States still in the Union； notwithstanding secession and the government would be right in saying that no State can secede。 But this is not what is meant； at least not all that is meant。 It is meant not only that the private rights of citizens and corporations remain； but the citizens retain all the public rights of the State； that is； the right to representation in Congress and in the electoral college； and the right to sit in the convention； which is not true。
But the correction of the misapprehension that the private rights and interests are lost by the lapse of the State may remove the graver prejudices against the doctrine of State suicide； and dispose loyal and honest Union men to bear the reasons by which it is supported； and which nobody has refuted or can refute on constitutional grounds。 A Territory by coming into the Union becomes a State； a State by going out of the Union becomes a Territory。
CHAPTER XIII。
RECONSTRUCTION。
The question of reconstructing the States that seceded will be practically settled before these pages can see the light； and will therefore be considered here only so far as necessary to complete the view of the constitution of the United States。 The manner in which the government proposed to settle； has settled； or will settle the question； proves that both it and the American people have only confused views of the rights and powers of the General government； but imperfectly comprehend the distinction between the legislative and executive departments of that Government； and are far more familiar with party tactics than with constitutional law。
It would be difficult to imagine any thing more unconstitutional； more crude； or more glaringly impolitic than the mode of reconstruction indicated by the various executive proclamations that have been issued； bearing on the subject； or even by the bill for guaranteeing the States republican governments； that passed 310 Congress； but which failed to obtain the President's signature。 It is； in some measure； characteristic of the American government to understand how things ought to be done only when they are done and it is too late to do them in the right way。 Its wisdom comes after action； as if engaged in a series of experiments。 But； happily for the nation； few blunders are committed that with our young life and elasticity are irreparable； and that； after all； are greater than are ordinarily committed by older and more experienced nations。 They are not of the most fatal character； and are； for the most part； such as are incident to the conceit； the heedlessness； the ardor； and the impatience of youth； and need excite no serious alarm for the future。
There has been no little confusion in the public mind； and in that of the government itself； as to what reconstruction is； who has the power to reconstruct； and how that power is to be exercised。 Are the States that seceded States in the Union； with no other disability than that of having no legal governments？ or are they Territories subject to the Union？ Is their reconstruction their erection into new States； or their restoration as States previously in the Union？ Is the power to reconstruct in the States themselves？ or is it in the General government？ 311 If partly in the people and partly in the General government； is the part in the General government in Congress； or in the Executive？ If in Congress； can the Executive； without the authority of Congress； proceed to reconstruct； simply leaving it for Congress to accept or reject the reconstructed State？ If the power is partly in the people of the disorganized States who or what defines that people； decides who may or may not vote in the reorganization？ On all these questions there has been much crude； if not erroneous； thinking； and much inconsistent and contradictory action。
The government started with the theory that no State had seceded or could secede； and held that； throughout； the States in rebellion continued to be States in the Union。 That is； it held secession to be a purely personal and not a territorial insurrection。 Yet it proclaimed eleven States to be in insurrection against the United States； blockaded their ports； and interdicted all trade and intercourse of any kind with them。 The Supreme Court； in order to sustain the blockade and interdict as legal； decided the war to be not a war against simply individual or personal insurgents but 〃a territorial civil war。〃 This negatived the assumption that the States t
