the american republic-第33章
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n state or nation as before。 The common organ or agency created by the convention is no state； is no nation； has no inherent sovereignty； and derives all its vitality and force from the persisting sovereignty of the states severally that have united in creating it。 The agreement no more affects the sovereignty of the several states entering into it； than does the 193 appointment of an agent affect the rights and powers of the principal。 The creature takes nothing from the Creator； exhausts not； lessens not his creative energy； and it is only by his retaining and continuously exerting his creative power that the creature continues to exist。
An independent state or nation may； with or without its consent； lose its sovereignty； but only by being merged in or subjected to another。 Independent sovereign states cannot by convention； or mutual agreement； form themselves into a single sovereign state； or nation。 The compact； or agreement； is made by sovereign states； and binds by virtue of the sovereign power of each of the contracting parties。 To destroy that sovereign power would be to annul the compact； and render void the agreement。 The agreement can be valid and binding only on condition that each of the contracting parties retains the sovereignty that rendered it competent to enter into the compact； and states that retain severally their sovereignty do not form a single sovereign state or nation。 The states in convention cannot become a new and single sovereign state； unless they lose their several sovereignty； and merge it in the new sovereignty； but this they cannot do by agreement； because the moment the parties to the agreement cease 194 to be sovereign； the agreement； on which alone depends the new sovereign state； is vacated； in like manner as a contract is vacated by the death of the contracting parties。
That a nation may voluntarily cede its sovereignty is frankly admitted； but it can cede it only to something or somebody actually existing； for to cede to nothing and not to cede is one and the same thing。 They can part with their own sovereignty by merging themselves in another national existence； but not by merging themselves in nothing； and； till they have parted with their own sovereignty； the new sovereign state does not exist。 A prince can abdicate his power； because by abdicating he simply gives back to the people the trust he had received from them； but a nation cannot； save by merging itself in another。 An independent state not merged in another； or that is not subject to another； cannot cease to be a sovereign nation； even if it would。
That no sovereign state can be formed by a agreement or compact has already been shown in the refutation of the theory of the origin of government in convention； or the so…called social compact。 Sovereign states are as unable to form themselves into a single sovereign state by mutual compact as are the sovereign individ… 195 uals imagined by Rousseau。 The convention； either of sovereign states or of sovereign individuals； with the best will in the world； can form only a compact or agreement between sovereigns； and an agreement or compact； whatever its terms or conditions； is only an alliance； a league； or a confederation； which no one can pretend is a sovereign state； nation； or republic。
The question； then； whether the United States are a single sovereign state or nation； or a confederacy of independent sovereign states depends on the question whether the American people originally existed as one people or as several independent states。 Mr。 Jefferson maintains that before the convention of 1787 they existed as several independent sovereign states； but that since that convention； or the ratification of the constitution it proposed； they exist as one political people in regard to foreign nations； and several sovereign states in regard to their internal and domestic relations。 Mr。 Webster concedes that originally the States existed as severally sovereign states； but contends that by ratifying the constitution they have been made one sovereign political people； state； or nation； and that the General government is a supreme national government； though with a reservation in favor of State rights。 But both 196 are wrong。 If the several States of the Union were severally sovereign states when they met in the convention； they are so now； and the constitution is only an agreement or compact between sovereigns； and the United States are； as Mr。 Calhoun maintained； only a confederation of sovereign states； and not a single state or one political community。
But if the sovereignty persists in the States severally； any State； saving its faith； may whenever it chooses to do so； withdraw from the Union； absolve its subjects from all obligation to the Federal authorities； and make it treason in them to adhere to the Federal government。 Secession is； then； an incontestable right； not a right 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 ci
