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ht held under the constitution or derived from the convention but a right held prior to it； independently of it； inherent in the State sovereignty； and inseparable from it。 The State is bound by the constitution of the Union only while she is in it； and is one of the States united。 In ratifying the constitution she did not part with her sovereignty； or with any portion of it； any more than France has parted with her sovereignty； and ceased to be an independent sovereign nation； by vesting the imperial power in Napoleon III。 and his legitimate heirs male。 The principal parts not with his power 197 to his agent； for the agent is an agent only by virtue of the continued power of the principal。 Napoleon is emperor by the will of the French people； and governs only by the authority of the French nation； which is as competent to revoke the powers it has conferred on him； when it judges proper； as it was to confer them。 The Union exists and governs； if the States are sovereign； only by the will of the State； and she is as competent to revoke the powers she has delegated as she was to delegate them。 The； Union； as far as she is concerned； is her creation； and what she is competent to make she is competent to unmake。
In seceding or withdrawing from the Union a State may act very unwisely； very much against her own interests and the interests of the other members of the confederacy； but； if sovereign； she in doing so only exercises her unquestionable right。 The other members may regret her action； both for her sake and their own； but they cannot accuse her or her citizens of disloyalty in seceding； nor of rebellion； if in obedience to her authority they defend their independence by force of arms against the Union。 Neither she nor they； on the supposition； ever owed allegiance to the Union。 Allegiance is due from the citizen to the sovereign state； but never from 198 a sovereign state or from its citizens to any other sovereign state。 While the State is in the Union the citizen owes obedience to the United States； but only because his State has； in ratifying the Federal constitution； enacted that it and all laws and treaties made under it shall be law within her territory。 The repeal by the State of the act of ratification releases the citizen from the obligation even of obedience； and renders it criminal for him to yield it without her permission。
It avails nothing； on the hypothesis of the sovereignty of the States as distinguished from that of the United States； to appeal to the language or provisions of the Federal constitution。 That constitutes the government； not the state or the sovereign。 It is ordained by the sovereign； and if the States were severally independent and sovereign states； that sovereign is the States severally； not the States united。 The constitution is law for the citizens of a State only so long as the State remains one of the United States。 No matter； then； how clear and express the language； or stringent the provisions of the constitution； they bind only the citizens of the States that enact the constitution。 The written constitution is simply a compact； and obliges only while the compact is continued by the 199 States； each for itself。 The sovereignty of the United States as a single or political people must be established before any thing in the constitution can be adduced as denying the right of secession。
That this doctrine would deprive the General government of all right to enforce the laws of the Union on a State that secedes； or the citizens thereof； is no doubt true； that it would weaken the central power and make the Union a simple voluntary association of states； no better than a rope of sand； is no less true； but what then？ It is simply saying that a confederation is inferior to a nation； and that a federal government lacks many of the advantages of a national government。 Confederacies are always weak in the centre； always lack unity； and are liable to be dissolved by the influence of local passions； prejudices； and interests。 But if the United States are a confederation of states or nations； not a single nation or sovereign state； then there is no remedy。
If the Anglo…American colonies； when their independence of Great Britain was achieved and acknowledged； were severally sovereign states； it has never since been in their power to unite and form a single sovereign state； or to form themselves into one indivisible sovereign 200 nation。 They could unite only by mutual agreement； which gives only a confederation； in which each retains its own sovereignty； as two individuals； however closely united； retain each his own individuality。 No sovereignty is of conventional origin； and none can emerge from the convention that did not enter it。 Either the states are one sovereign people or they are not。 If they are not； it is undoubtedly a great disadvantage； but a disadvantage that must be accepted； and submitted to without a murmur。
Whether the United States are one sovereign people or only a confederation is a question of very grave importance。 If they are only a confederation of statesand if they ever were severally sovereign states； only a confederation they certainly arestate secession is an inalienable right； and the government has had no right to make war on the secessionists as rebels； or to treat them； when their military power is broken； as traitors； or disloyal persons。 The honor of the government； and of the people who have sustained it； is then deeply compromised。
What then is the fact？ Are the United States politically one people； nation； state； or republic； or are they simply independent sovereign states united in close and intimate alliance； league； or federation； by a mutual pact or 201 agreement？ Were the people of the United States who ordained and established the written constitution one people； or were they not？ If they were not before ordaining and establishing the government； they are not now； for the adoption of the constitution did not and could not make them one。 Whether they are one or many is then simply a question of fact； to be decided by the facts in the case； not by the theories of American statesmen； the opinion of jurists； or even by constitutional law itself。 The old Articles of Conferation and the later Constitution can serve here only as historical documents。 Constitutions and laws presuppose the existence of a national sovereign from which they emanate； and that ordains them； for they are the formal expression of a sovereign will。 The nation must exist as an historical fact； prior to the possession or exercise of sovereign power； prior to the existence of written Constitutions and laws of any kind； and its existence must be established before they can be recognized as having any legal force or vitality。
The existence of any nation； as an independent sovereign nation； is a purely historical fact； for its right to exist as such is in the simple fact that it does so exist。 A nation de facto is a nation de jure； and when we have ascertained 202 the fact； we have ascertained the right。 There is no right in the case separate from the factonly the fact must be really a fact。 A people hitherto a part of another people； or subject to another sovereign； is not in fact a nation； because they have declared themselves independent； and have organized a government； and are engaged in what promises to be a successful struggle for independence。 The struggle must be practically over； the former sovereign must have practically abandoned the effort to reduce them to submission； or to bring them back under his authority； and if he continues it； does it as a matter of mere form； the postulant must have proved his ability to maintain civil government； and to fulfil within and without the obligations which attach to every civilized nation； before it can be recognized as an independent sovereign nation； because before it is not a fact that it is a sovereign nation。 The prior sovereign； when no longer willing or able to vindicate his right； has lost it； and no one is any longer bound to respect it； for humanity demands not martyrs to lost causes。
This doctrine may seem harsh； and untenable even； to those sickly philanthropists who are always weeping over extinct or oppressed 203 nationalities； but nationality in modern civilization is a fact； not a right antecedent to the fact。 The repugnance felt to this assertion arises chiefly from using the word nation sometimes in a strictly political sense； and sometimes in its original sense of tribe； and understanding by it not simply the body politic； but a certain relation of origin； family； kindred； blood； or race。 But God has made of one blood； or race； all the nations of men； and； besides； no political rights are founded by the law of nature on relations of blood； kindred； or family。 Under the patriarchal or tribal system； and； to some exten