But it is argued by some, that a State, once admitted into the Union, cannot forfeit its rights as a State under the Constitution, because it cannot, as such, be guilty of treason; that the inhabitants may all be traitors, and the State Government secede, and engage in a war against the Republic, and yet retain all its rights intact.

A State, in the meaning of public law, has been defined to be a body of persons united together in one community, for the defence of their rights.  They do not constitute a State until organized.  If the organization ceases to exist, they are no longer a State.  If the State organization becomes despotic, and the inhabitants overthrow it by a revolution, it then ceases to exist.  The people are remitted to their original rights, and must organize a new State.

A State, as such, may be guilty of treason.  Crimes may be committed by organized bodies of men.  Corporations are often convicted, and punished by fines, or by a forfeiture of all corporate rights.  And though we have no provision for putting a State on trial, it may, as a State, be guilty.  Treason is defined by the Constitution to be “levying war against the United States.”  This is just what South Carolina, as a State, is doing.  Not only the people, but the State Government, has revolted.  The people owe it no allegiance.  It is their duty, not to support, but to oppose it.  The Federal Government owes it no recognition.  It has the right to destroy and exterminate it.  A State Government in rebellion has no rights under the Constitution. It is itself a rebellion, and must necessarily cease to exist when the rebellion is suppressed.

And when the State Government which has revolted shall be conquered and overthrown, there will then be no South Carolina in existence.  If there were loyal people enough there, bond or free, to rise up and overthrow it, they would be no more bound to revive the old Constitution, with its tyrannical provisions, than were our fathers to return to the British Government.  Such a revolution is inaugurated in that State, by loyal men, to overthrow the despotic power of the State Government.  If the State Government had remained loyal, it might have called on the Federal Government.  But by seceding it has justified the Federal Government in aiding or organizing a revolution against it, for its utter overthrow and extinction.

It is true, indeed, the idea prevails that there is still, somehow, a State of South Carolina, besides that which is in rebellion.  But the State must exist in fact, or it has no existence.  There is no such thing as a merely theoretical State, separate and different from the actual.  The revolted States are the same States that were once loyal.  And when some loyal citizens in each of them, with the aid of the Federal Government, have overthrown and destroyed them, the ground will be cleared for the formation of new States, or the reorganization of the old; and they may be admitted or restored, upon such conditions as may be deemed wise and prudent, to promote and secure the future peace and welfare of the whole country.