ct； there would be unpardonable presumption on the part of the present writer in venturing to hazard an assertion contrary to theirs。 But； if their theory was unsound； their practical doctrine was not； for they maintained that the American people are one sovereign people； and Mr。 Quincy Adams； an authority inferior to neither； maintained that they were always one people； and that the States hold from the Union； not the Union from the States。 The States without the Union cease to exist as political communities： the Union without the States ceases to be a Union； and becomes a vast centralized and consolidated state； ready to lapse from a civilized into a barbaric； from a republican to a despotic nation。
The State； under the American system； as distinguished from Territory； is not in the domain and population fixed to it； nor yet in its exterior organization； but solely in the political powers； rights； and franchises which it 291 holds from the United States； or as one of the United States。 As these are rights； not obligations； the State may resign or abdicate them and cease to be a State； on the same principle that any man may abdicate or forego his rights。 In doing so； the State breaks no oath of allegiance； fails to fulfil no obligation she contracted as a State： she simply forgoes her political rights and franchises。 So far； then； secession is possible； feasible； and not unconstitutional or unlawful。 But it is； as Mr。 Sumner and others have maintained； simply State suicide。 Nothing hinders a State from committing suicide； if she chooses； any more than there was something which compelled the Territory to become a State in the Union against its will。
It is objected to； this conclusion that the States were； prior to the Union； independent sovereign States； and secession would not destroy the State； but restore it to its original sovereignty and independence； as the secessionists maintain。 Certainly； if the States were； Prior to the Union； sovereign States； but this is precisely what has been denied and disproved； for prior to the Union there were no States。 Secession restores； or reduces； rather； the State to the condition it was in before its admission into the Union； but that condition 292 is that of Territory； or a Territory subject to the United States； and not that of an independent sovereign state。 The State holds all its political rights and powers in the Union from the Union； and has none out of it； or in the condition in which its population and domain were before being a State in the Union。
State suicide； it has been urged； releases its population and territory from their allegiance to the Union； and as there is no rebellion where there is no allegiance； resistance by its population and territory to the Union； even war against the Union； would not be rebellion； but the simple assertion of popular sovereignty。 This is only the same objection in another form。 The lapse of the State releases the population and territory from no allegiance to the Union； for their allegiance to the Union was not contracted by their becoming a State； and they have never in their State character owed allegiance to the United States。 A State owes no allegiance to the United States； for it is one of them； and is jointly sovereign。 The relation between the United States and the State is not the relation of suzerain and liegeman or vassal。 A State owes no allegiance； for it is not subject to the Union； it is never in their State capacity that its population and territory do or 293 can rebel。 Hence； the Government has steadily denied that； in the late rebellion； any State as such rebelled。
But as a State cannot rebel； no State can go out of the Union； and therefore no State in the late rebellion has seceded； and the States that passed secession ordinances are and all along have been States in the Union。 No State can rebel； but it does not follow therefrom that no State can secede or cease to exist as a State： it only follows that secession； in the sense of State suicide； or the abdication by the State of its political rights and powers； is not rebellion。 Nor does it follow from the fact that no State has rebelled； that no State has ceased to be a State； or that the States that passed secession ordinances have been all along States in the Union。
The secession ordinances were illegal； unconstitutional； not within the competency of the State； and therefore null and void from the beginning。 Unconstitutional； illegal； and not within the competency of the State； so far as intended to alienate any portion of the national domain and population thereto annexed； they certainly were； and so far were void and of no effect； but so far as intended to take the State simply as a State out of the Union； they were 294 within the competency of the State； were not illegal or unconstitutional； and therefore not null and void。 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 capacityin 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 295 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。 It will not do； then； to ascribe the secession ordinances to a faction。 The people are never a faction； nor is a faction ever the majority。
There has been a disposition at the North； encouraged by the few Union men at the South； to regard secession as the work of a few ambitious and unprincipled leaders； who； by their threats； their violence； and their overbearing manner； forced the mass of the people of their respective States into secession against their convictions and their will。 No doubt there were leaders at the South； as there are in every great movement at the North； no doubt there were individuals in the seceding States that held secession wrong in principle； and were conscientiously attached to the Union； no doubt； also； there were men who adhered to the Union； not because they disapproved secession； but because they disliked the men at the head of the movement； or because they were keen…sighted enough to see that it could not 296 succeed； that the Union must be the winning side； and that by adhering to it they would become the great and leading men of their respective States； which they certainly could not be under secession。 Others sympathized fully with what was called the Southern cause； held firmly the right of secession； and hated cordially the Yankees； but doubted either the practicability or the expediency of secession； and opposed it till resolved on； but； after it was resolved on； yielded to none in their earnest support of it。 These last comprised the immense majority of those who voted against secession。 Never could those called the Southern leaders have carried the secession ordinances； never could they have carried on the war with the vigor and determination； and with such formidable armies as they collected and armed for four years； making at times the destiny of the Union well nigh doubtful； if they had not had the Southern heart with them； if they had not been most heartily supported by the overwhelming mass of the people。 They led a popular； not a factious movement。
No State； it is said again； has seceded； or could secede。 The State is territorial； not personal； and as no State can carry its territory and population out of the Union； no State can 297 secede。 Out of the jurisdiction of the Union； or alienate them from the sovereign or national domain； very true； but out of the Union as a State； with rights； powers； or franchises in the Union； not true。 Secession is political； not territorial。
But the State holds from the territory or domain。 The people are sovereign because attached to a sovereign territory； not the domain because held by a sovereign people； as was established by the analysis of the early Roman constitution。 The territory of the States corresponds to the sacred territory of Rome； to which was attached the Roman sovereignty。 That territory； once surveyed and consecrated； remained sacred and the ruling territory； and could not be divested of its sacred and governing character。 The portions of the territory of the United States once erected into States and consecrated as ruling territory can never be deprived； except by foreign conquest or successful revolution； of its sacred character and inviolable rights。
The State is territorial； not personal； and is constituted by public； not by private wealth； and is always respublica or commonwealth； in distinction from despotism or monarchy in its oriental sense； which is founded on private wealth； or which assumes that th