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and its subsequent efforts to organize the Union men in Louisiana； Arkansas； and Tennessee； and its disposition to recognize their organization in each of those States as the State itself； though including only a small minority of the territorial people。 Had the facts been 316 as assumed； the government might have treated the loyal people of each State as the State itself； without any gross usurpation of power； but； unhappily； the facts assumed were not facts； and it was soon found that the Union party in all the States that seceded； except the western part of Virginia and the eastern section of Tennessee； after secession had been carried by the popular vote； went almost unanimously with the secessionists； for they as well as the secessionists held the doctrine of State sovereignty； and to treat the handful of citizens that remained loyal in each State as the State itself； became ridiculous； and the government should have seen and acknowledged it。
The rebellion being really territorial； and not personal； the State that seceded was no more continued in the loyal than in the disloyal population。 While the war lasted； both were public enemies of the United States； and neither had or could have any rights as a State in the Union。 The law recognizes a solidarity of all the citizens of a State； and assumes that； when a State is at war； all its citizens are at war； whether approving the war or not。 The loyal people in the States that seceded incurred none of the pains and penalties of treason； but they retained none of the political rights of the 317 State in the Union； and； in reorganizing the State after the suppression of the rebellion； they have no more right to take part than the secessionists themselves。 They； as well as the secessionists； have followed the territory。 It was on this point that the government committed its gravest mistake。 As to the reorganization or reconstruction of the State； the whole territorial people stood on the same footing。
Taking the decision of the Supreme Court as conclusive on the subject； the rebellion was territorial； and； therefore； placed all the States as States out of the Union； and retained them only as population and territory； under or subject to the Union。 The States ceased to exist； that is； as integral elements of the national sovereignty。 The question then occurred； are they to be erected into new States； or are they to be reconstructed and restored to the Union as the identical old States that seceded？ Shall their identity be revived and preserved； or shall they be new States； regardless of that identity ？ There can be no question that the work to be done was that of restoration； not of creation； no tribe should perish from Israel； no star be struck from the firmament of the Union。 Every inhabitant of the fallen States； and every citi… 318 zen of the United States must desire them to be revived and continued with their old names and boundaries； and all true Americans wish to continue the constitution as it is； and the Union as it was。 Who would see old Virginia； the Virginia of revolutionary fame； of Washington； Jefferson； Madison； of Monroe； the 〃Old Dominion；〃 once the leading State of the Union； dead without hope of resurrection？ or South Carolina； the land of Rutledge； Moultrie； Laurens； Hayne； Sumter； and Marion？ There is something grating to him who values State associations； and would encourage State emulation and State pride； in the mutilation of the Old Dominion and the erection within her borders of the new State called West Virginia。 States in the Union are not mere prefectures； or mere dependencies on the General government； created for the convenience of administration。 They have an individual； a real existence of their own； as much so as have the individual members of society。 They are free members； not of a confederation indeed； but of a higher political community； and reconstruction should restore the identity of their individual life； suspended for a moment by secession； but capable of resuscitation。
These States had become； indeed； for a mo… 319 ment； territory under the Union； but in no instance had they or could they become territory that had never existed as States。 The fact that the territory and people had existed as a State； could with regard to none of them be obliterated； and； therefore； they could not be erected into absolutely new States。 The process of reconstructing them could not be the same as that of creating new States。 In creating a new State； Congress； ex necessitate； because there is no other power except the national convention competent to do it； defines the boundaries of the new State； and prescribes the electoral people； or who may take part in the preliminary organization but in reconstructing States it does neither； for both are done by a law Congress is not competent to abrogate or modify； and which can be done only by the United States in convention assembled； or by the State itself after its restoration。 The government has conceded this； and； in part； has acted on it。 It preserves； except in Virginia； the old boundaries； and recognizes； or rather professes to recognize the old electoral law； only it claims the right to exclude from the electoral people those who have voluntarily taken part in the rebellion。
The work to be done in States that have se… 320 ceded is that of reconstruction； not creation； and this work is not and cannot be done； exclusively nor chiefly by the General government； either by the Executive or by Congress。 That government can appoint military； or even provisional governors； who may designate the time and place of holding the convention of the electoral people of the disorganized State； as also the time and place of holding the elections of delegates to it； and superintend the elections so far as to see the polls are opened； and that none but qualified electors vote； but nothing more。 All the rest is the work of the territorial electoral people themselves； for the State within its own sphere must； as one of the United States； be a self…governing community。 The General government may concede or withhold permission to the disorganized State to reorganize； as it judges advisable； but it cannot itself reorganize it。 If it concedes the permission； it must leave the whole electoral people under the preexisting electoral law free to take part in the work of reorganization； and to vote according to their own judgment。 It has no authority to purge the electoral people； and say who may or may not vote； for the whole question of suffrage and the qualifications of electors is left to the State； and can be settled neither 321 by an act of Congress nor by an Executive proclamation。
If the government theory were admissible； that the disorganized States remain States in the Union； the General government could have nothing to say on the subject； and could no more interfere with elections in any one of them than it