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tions 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 the authority to 298 govern； or sovereignty； is the private estate of the sovereign。 All power is a domain； but there is no domain without a dominus or lord。 In oriental monarchies the dominus is the monarch； in republics it is the public or people fixed to the soil or territory； that is； the people in their territorial； and not in their personal or genealogical relation。 The people of The United States are sovereign only within the territory or domain of the United States； and their sovereignty is a state； because fixed； attached； or limited to that specific territory。 It is fixed to the soil； not nomadic。 In barbaric nations power is nomadic and personal； or genealogical； confined to no locality； but attaches to the chief； and follows wherever he goes。 The Gothic chiefs hold their power by a personal title； and have the same authority in their tribes on the Po or the Rhone as on the banks of the Elbe or the Danube。 Power migrates with the chief and his people； and may be exercised wherever he and they find themselves； as a Swedish queen held when she ordered the execution of one of her subjects at Paris； without asking permission of the territorial lord。 In these nations； power is a personal right； or a private estate； not a state which exists only as attached to the domain； and； as attached to the domain； 299 exists independently of the chief or the government。 The distinction is between public domain and private domain。
The American system is republican； and； contrary to what some democratic politicians assert； the American democracy is territorial； not personal； not territorial because the majority of the people are agriculturists or landholders； but because all political rights； powers； or franchises are territorial。 The sovereign people of the United States are sovereign only within the territory of the United States。 The great body of the freemen have the elective franchise； but no one has it save in his State； his county； his town； his ward； his precinct。 Out of the election district in which he is domiciled； a citizen of the United States has no more right to vote than has the citizen or subject of a foreign state。 This explains what is meant by the attachment of power to the territory； and the dependence of the state on the domain。 The state； in republican states； exists only as inseparably united with the public domain； under feudalism； power was joined to territory or domain； but the domain was held as a private； not as a public domain。 All sovereignty rests on domain or proprietorship； and is dominion。 The proprietor is the dominus or lord； and in 300 republican states the lord is society； or the public； and the domain is held for the common or public good of all。 All political rights are held from society； or the dominus； and therefore it is the elective franchise is held from society； and is a civil right； as distinguished from a natural； or even a purely personal right。
As there is no domain without a lord or dominus； territory alone cannot possess any political rights or franchises； for it is not a domain。 In the American system； the dominus or lord is not the particular State； but the United States； and； the domain of the whole territory； whether erected into particular States or not； is in the United States alone。 The United States do not part with the dominion of that portion of the national domain included within a particular State。 The State holds the domain not separately but jointly； as inseparably one of the United States： separated； it has no dominion； is no State； and is no longer a joint sovereign at all； and the territory that it included falls into the condition of any other territory held by the United States not erected into one of the United States。
Lawyers； indeed； tell us that the eminent domain is in the particular State； and that all escheats are to the State； not to the United 301 States。 All escheats of private estates； but no public or general escheats。 But this has nothing to do with the public domain。 The United States are the dominus； but they have； by the constitution； divided the powers of government between a General government and particular State governments； and ordained that all matters of a general nature； common to all the States； should be placed under the supreme control of the former； and all matters of a private or particular character under the supreme control of the latter。 The eminent domain of private estates is in the particular State； but the sovereign authority in the particular State is that of the United States expressing itself through the State government。 The United States； in the States as well as out of them； is the dominus； as the States respectively would soon find if they were to undertake to alienate any part of their domain to a foreign power； or even to the citizens or subjects of a foreign State； as is also evident from the fact that the United States； in the way prescribed by the constitution； may enlarge or contract at will the rights and powers of the States。 The mistake on this point grows out of the habit of restricting the action of the United States to the General government； and not recollecting 302 that the United States govern one class of subjects through the General government and another class through State governments； but that it is one and the same authority that governs in both。
The analogy borrowed from the Roman constitution； as far as applicable； proves the reverse of what is intended。 The dominus of the sacred territory was the city； or the Roman state； not the sacred territory itself。 The territory received the tenant； and gave him as tenant the right to a seat in the senate； but the right of the territory was derived not from the domain； but from the dominus； that is； the city。 But the city could revoke its grant； as it practically did when it conferred the privileges of Roman