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State in the Union is a free act of the territorial people。 The Territory cannot organize and apply for admission as a State； without what is called an 〃enabling act〃 of Congress or its equivalent； but that act is permissive； not mandatory； and nothing obliges the Territory to organize under it and apply for admission。 It may do so or not； as it chooses。 What； then； hinders the State once in the Union from going out or returning to its former condition of territory subject to the Union？ The original States did not need to come in under an enabling act； for they were born States in the Union； and were never territory outside of the Union and subject to it。 But they and the new States； adopted or naturalized States； once in the Union； stand on a footing of perfect equality； and the original States are no more and no less bound than they to remain States in the Union。 The ratification of the constitution by the original States was a 284 free act； as much so as the accession of a new State formed from territory subject to the Union is a free act； and a free act is an act which one is free to do or not to do； as he pleases。 What a State is free to do or not to do； it is free to undo； if it chooses。 There is nothing in either the State constitution or in that of the United States that forbids it。
This is denied。 The population and domain are inseparable in the State； and if the State could take itself out of the Union； it would take them out； and be ipso facto a sovereign State foreign to the Union。 It would take the domain and the population out of the Union； it is conceded and even maintained； but not therefore would it take them out of the jurisdiction of the Union； or would they exist as a State foreign to the Union； for population and territory may coexist； as Dacota； Colorado； or New Mexico； out of the Union； and yet be subject to the Union； or within the jurisdiction of the United States。
But the Union is formed by the surrender by each of the States of its individual sovereignty； and each State by its admission into the Union surrenders its individual sovereignty； or binds itself by a constitutional compact to merge its individual sovereignty in that of 285 the whole。 It then cannot cease to be a State in the Union without breach of contract。 Having surrendered its sovereignty to the Union； or bound itself by the constitution to exercise its original sovereignty only as one of the United States； it can unmake itself of its state character； only by consent of the United States； or by a successful revolution。 It is by virtue of this fact that secession is rebellion against the United States； and that the General government； as representing the Union； has the right and the duty to suppress it by all the forces at its command。
There can be no rebellion where there is no allegiance。 The States in the Union cannot owe allegiance to the Union； for they are it； and for any one to go out of it is no more an act of rebellion than it is for a king to abdicate his throne。 The Union is not formed by the surrender to it by the several States of their respective individual sovereignty。 Such surrender could； as we have seen； form only an alliance； or a confederation； not one sovereign people； and from an alliance； or confederation； the ally or confederate has； saving its faith； the inherent right to secede。 The argument assumes that the States were originally each in its individuality a sovereign state； but by the con… 286 vention which framed the constitution； each surrendered its sovereignty to the whole； and thus several sovereign states became one sovereign political people； governing in general matters through the General government； and in particular matters through particular or State governments。 This is Mr。 Madison's theory； and also Mr。 Webster's； but it has been refuted in the refutation of the theory that makes government originate in compact。 A sovereign state can； undoubtedly； surrender its sovereignty； but can surrender it only to something or somebody that really exists； for to Surrender to no one or to nothing is； as has been shown； the same thing as not to surrender at all； and the Union； being formed only by the surrender； is nothing prior to it； or till after it is made； and therefore can be no recipient of the surrender。
Besides； the theory is the reverse of the fact。 The State does not surrender or part with its sovereignty by coming into the Union； but acquires by it all the rights it holds as a State。 Between the original States and the new States there is a difference of mode by which they become States in the Union； but none in their powers； or the tenure by which they hold them。 The process by which new States are 287 actually formed and admitted into the Union； discloses at once what it is that is gained or lost by admission。 The domain and population； before the organization of the Territory into one of the United States； are subject to the United States； inseparably attached to the domain of the Union； and under its sovereignty。 The Territory so remains； organized or unorganized； under a Territorial Government created by Congress。 Congress； by an enabling act； permits it to organize as a State； to call a convention to form a State constitution； to elect under it； in such way as the convention ordains； State officers； a State legislature； and； in the way prescribed by the Constitution of the United States； senators and representatives in Congress。 Here is a complete organization as a State； yet； though called a State； it is no State at all； and is simply territory； without a single particle of political power。 To be a State it must be recognized and admitted by Congress as a State in the Union； and when so recognized and admitted it possesses； in union with the other United States； supreme political sovereignty； jointly in all general matters； and individually in all private and particular matters。
The Territory gives up no sovereign powers 288 by coming into the Union； for before it came into the Union it had no sovereignty； no political rights at all。 All the rights and powers it holds are held by the simple fact that it has become a State in the Union。 This is as true of the original States as of the new States； for it has been shown in the chapter on The United States； that the original British sovereignty under which the colonies were organized and existed passed； on the fact of independence； to the States United； and not to the States severally。 Hence if nine States had ratified the constitution； and the other four had stood out； and refused to do it； which was within their competency； they would not have been independent sovereign States； outside of the Union； but Territories under the Union。
Texas forms the only exception to the rule that the States have never been independent of the Union。 All the other new States have been formed from territory subject to the Union。 This is true of all the States formed out of the Territory of the Northw