the american republic-第50章
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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 citizenship on the provincials； and gave to plebeians seats in the senate。 Moreover； nothing in Roman history indicates that to the validity of a senatus consultum it was necessary to count the vacant domains of the sacred territory。 The particular domain must； under the American system； be counted when it is held by a State； but of itself alone； or even with its population； it is not a State； and therefore as a State domain is vacant and without any political rights or powers whatever。
To argue that the territory and population 303 once a State in the Union must needs always be so； would be well enough if a State in the Union were individually a sovereign state； for territory； with its population not subject to another； is always a sovereign state； even though its government has been subverted。 But this is not the fact； for territory with its population does not constitute a State in the Union； and； therefore； when of a State nothing remains but territory and population； the State has evidently disappeared。 It will not do then to maintain that State suicide is impossible； and that the States that adopted secession ordinances have never for a moment ceased to be States in the Union； and are free； whenever they choose； to send their representatives and senators to occupy their vacant seats in Congress。 They must be reorganized first。
There would also be some embarrassment to the government in holding that the States that passed the secession ordinance remain； notwithstanding； States in the Union。 The citizens of a State in the Union cannot be rebels to the United States； unless they are rebels to their State； and rebels to their State they are not； unless they resist its authority and make war on it。 The authority of the State in the Union is a legal authority； and the citizen in obeying 304 it is disloyal neither to the State nor to the Union。 The citizens in the States that made war on the United States did not resist their State； for they acted by its authority。 The only men； on this supposition； in them； who have been traitors or rebels； are precisely the Union men who have refused to go with their respective States； and have resisted； even with armed force； the secession ordinances。 The several State governments； under which the so…called rebels carried on the war for the destruction of the Union； if the States are in the Union； were legal and loyal governments of their respective States； for they were legally elected and installed； and conformed to their respective State constitutions。 All the acts of these governments have been constitutional。 Their entering into a confederacy for attaining a separate nationality has been legal； and the debts contracted by the States individually； or by the confederacy legally formed by them； have been legally contracted； stand good against them； and perhaps against the United States。 The war against them has been all wrong； and the confederates killed in battle have been murdered by the United States。 The blockade has been illegal； for no nation can blockade its own ports； and the captures and seizures under 305 it； robberies。 The Supreme Court has been wrong in declaring the war a territorial civil war； as well as the government in acting accordingly。 Now； all these conclusions are manifestly false and absurd； and therefore the assumption that the States in question have all along been States in the Union cannot be sustained。
It is easy to understand the resistance the Government offers to the doctrine that a State may commit suicide； or by its own act abdicate its rights and cease to be a State in the Union。 It is admissible on no theory of the constitution that has been widely entertained。 It is not admissible on Mr。 Calhoun's theory of State sovereignty； for on that theory a State in going out of the Union does not cease to be a State but simply resumes the powers it h
