Two Lectures On the Present American War

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The parties to the contract own- ing no common superior, even in the collective body, retained each an independent right to construe its terms, to judge whether they were duly observed, and to rescind it if they were not °.
That the States were sovereign and independent at the time when the Constitution was ratified, is admitted generally, but not universally.
Let us examine this point a little.
The North American colonies, immediately before tlieir separation from Great Britain, were a group o
...f commu- nities, independent of one another, but united by the tie of a common allegiance, and forming part of one empire. A citizen of Massachusetts Bay had a right, if he pleased, to trade with Virginia, or to take up his resi- dence there, subject to no restrictions from colonial legis- lation. The mere severance of the tie of allegiance was not enough in itself to convert them into sovereign States. A handful of villages, a cluster of townships, ten square miles, or twenty, or a hundred, of wood and water or of populous and fruitful plain, do not become a State sim- ply because they are left masterless by revolution or by the fortune of war.

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