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ment voted, that the monarch, "having violated the fundamental laws, and having withdrawn himself out of the kingdom, _had abdicated the government_, and that the throne had thereby become vacant."[21] But it is not necessary for us to rely on any allegation of abdication, applicable as it may be. RIGHTFUL GOVERNMENT IN THE REBEL STATES VACATED. It only remains that we should see things as they are, and not seek to substitute theory for fact. On this important question I discard all theory, whether it be of State suicide or State forfeiture or State abdication, on the one side, or of State rights, immortal and unimpeachable, on the other side. Such discussions are only endless mazes in which a whole senate may be lost. And in discarding all theory, I discard also the question of _de jure_,--whether, for instance, the Rebel States, while the Rebellion is flagrant, are _de jure_ States of the Union, with all the rights of States. It is enough, that, for the time being, and _in the absence of a loyal government_, they can take no part and perform no function in the Union, _so that they cannot be recognized by the National Government_. The reason is plain. There are in these States no local functionaries bound by constitutional oaths, so that, in fact, there are no constitutional functionaries; and since the State government is necessarily composed of such functionaries, there can be no State government. Thus, for instance, in South Carolina, Pickens and his associates may call themselves the governor and legislature, and in Virginia, Letcher and his associates may call themselves governor and legislature; but we cannot recognize them as such. Therefore to all pretensions in behalf of State governments in the Rebel States I oppose the simple FACT, that for the time being no such governments exist. The broad spaces once occupied by those governments are now abandoned and vacated. That patriot Senator, Andrew Johnson,--faithful among the faithless, the Abdiel of the South,--began his attempt to reorganize Tennessee by an Address, as early as the 18th of March, 1862, in which he made use of these words:-- "I find most, if not all, of the offices, both State and Federal, _vacated, either by actual abandonment, or by the action of the incumbents in attempting to subordinate their functions_ to a power in hostility to the fundamental law of the State and subversive of her national allegiance." In employing the word
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