Acts unconstitutional in some parts and constitutional in others
are not wholly void. The unconstitutionality vitiates only the
unconstitutional parts; the others are valid, are law, and
recognized and enforced as such by the courts.
The secession ordinances are void, because they were never passed
by the people of the State, but by a faction that overawed them
and usurped the authority of the State. This argument implies
that, if a secession ordinance is passed by the people proper of
the State, it is valid; which is more than they who urge it
against the State suicide doctrine are prepared to concede. But
the secession ordinances were in every instance passed by the
people of the State in convention legally assembled, therefore by
them in their highest State capacity--in the same capacity in
which they ordain and ratify the State constitution itself; and
in nearly all the States they were in addition ratified and
confirmed, if the facts have been correctly reported, by a
genuine plebiscitum, or direct vote of the people. In all cases
they were adopted by a decided majority of the political people
of the State, and after their adoption they were acquiesced in
and indeed actively supported by very nearly the whole people.
The people of the States adopting the secession ordinances were
far more unanimous in supporting secession than the people of the
other States were in sustaining the Government in its efforts to
suppress the rebellion by coercive measures.
Pages:
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275