A Brief Enquiry Into the True Nature And Character of Our Federal Government B
A Brief Enquiry Into the True Nature And Character of Our Federal Government B
A P Abel Parker Upshur
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It could not^ be in abeyance ; the moment it was lost by the British crown it must have vested somewhere else. Doubtless it vested in the states themselves. But, as they were separate and distinct as colonies, the sove- reignty over one could not vest, either in whole or in part, in any other. Each took to itself that sovereignty which applied to itself, and for which alone it had contended with the British crown, to wit, the sovereignty over itself. Thus each colony became a free and sovereign... State. This is the character which they claim in the very terms of the declaration of indepen- dence ; in this character they formed the * colonial gov- eriynent, and in this character that government always *- regarded them. Indeed, even in the earlier treaties with foreign powers, the distinct sovereignty of the States is carefully recog- nized. Thus, the treaty of alliance with France, in 1778, is made between " the most Christian king and the United States of North America to wit : New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, " &c.
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