Page:The Atlantic Monthly, Volume 18.djvu/648

640 constituted, is a body constitutionally competent to legislate for the whole country, is the most important of all practical questions. Let us see how the case stands.

The Constitution, ratified by the people of all the States, establishes a government of sovereign powers, supreme over the whole land, and the people of no State can rightly pass from under its authority except by the consent of the people of all the States, with whom it is bound by the most solemn and binding of contracts. The Rebel States broke, in fact, the contract they could not break in right. Assembled in conventions of their people, they passed ordinances of secession, withdrew their Senators and Representatives from Congress, and began the war by assailing a fort of the United States. The Secessionists had trusted to the silence of the Constitution in relation to the act they performed. A State in the American Union, as distinguished from a Territory, is constitutionally a part of the government to which it owes allegiance, and the seceded States had refused to be parts of the government, and had forsworn their allegiance. By the Constitution, the United States, in cases of "domestic violence" in a State, is to interfere, "on application of the Legislature, or of the Executive when the Legislature cannot be convened." But in this case legislatures, executives, conventions of the people, were all violators of the domestic peace, and of course made no application for interference. By the Constitution, Congress is empowered to suppress insurrections; but this might be supposed to mean insurrections like Shays's Rebellion in Massachusetts and the Whiskey Insurrection in Pennsylvania, and not to cover the action of States seceding from the Congress which is thus empowered. The seceders, therefore, felt somewhat as did the absconding James II. when he flung the Great Seal into the Thames, and thought he had stopped the machinery of the English government.

Mr. Buchanan, then President of the United States, admitted at once that the Secessionists had done their work in such a way that, though they had done wrong, the government was powerless to compel them to do right. And here the matter should have rested, if the government established by the Constitution was such a government as Mr. Johnson's supporters now declare it to be. If it is impotent to prescribe terms of peace in relation to insurgent States, it is certainly impotent to make war on insurgent States. If insurgent States recover their former constitutional rights in laying down their arms, then there was no criminality in their taking them up; and if there was no criminality in their taking them up, then the United States was criminal in the war by which they were forced to lay them down. On this theory we have a government incompetent to legislate for insurgent States, because lacking their representatives, waging against them a cruel and unjust war. And this is the real theory of the defeated Rebels and Copperheads who formed the great mass of the delegates to the Johnson Convention. Should they get into power, they would feel themselves logically justified in annulling, not only all the acts of the "Rump Congress" since they submitted, but all the acts of the Rump Congresses during the time they had a Confederate Congress of their own. They may deny that this is their intention; but what intention to forego the exercise of an assumed right, held by those who are out of power, can be supposed capable of limiting their action when they are in?

But if the United States is a government having legitimate rights of sovereignty conferred upon it by the people of all the States, and if, consequently, the attempted secession of the people of one or more States only makes them criminals, without impairing the sovereignty of the United States, then the government, with all its powers, remains with the representatives of the loyal