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New Hampshire (New Hampshire, United States) (search for this): chapter 2.18
etained its sovereignty, freedom, and independence. Massachusetts—the state, I believe, of Motley's nativity and citizenship—in her original constitution, drawn up by men of those days, made this declaration: The people inhabiting the territory formerly called the Province of Massachusetts Bay do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and independent body politic, or State, by the name of The Commonwealth of Massachusetts. New Hampshire, in her constitution, as revised in 1792, had identically the same declaration, except as regards the name of the state and the word state instead of commonwealth. Madison, one of the most distinguished of the men of that day and of the advocates of the Constitution, in a speech already once referred to, in the Virginia convention of 1788, explained that We, the people, who were to establish the Constitution, were the people of thirteen sovereignties. Elliott's Debates, Vol. III,
Massachusetts (Massachusetts, United States) (search for this): chapter 2.18
their conviction that the word had no meaning for us. We have seen that, in the very front of their Articles of Confederation, they set forth the conspicuous declaration that each state retained its sovereignty, freedom, and independence. Massachusetts—the state, I believe, of Motley's nativity and citizenship—in her original constitution, drawn up by men of those days, made this declaration: The people inhabiting the territory formerly called the Province of Massachusetts Bay do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and independent body politic, or State, by the name of The Commonwealth of Massachusetts. New Hampshire, in her constitution, as revised in 1792, had identically the same declaration, except as regards the name of the state and the word state instead of commonwealth. Madison, one of the most distinguished of the men of that day and of the advocates of the Constitution, in a speech already once referre
United States (United States) (search for this): chapter 2.18
of the state; and these do not affect the evidence that there was not such a political community as the people of the United States in the aggregate. That the states were severally sovereign and independent when they were united under the Articleority of the people with the delegated powers conferred by them upon their governments, we hear of a goverment of the United States sovereign within its sphere, and of State governments sovereign in their sphere; of the surrender by the states of part of their sovereignty to the United States, and the like. Now, if there be any one great principle pervading the federal Constitution, the state constitutions, the writings of the fathers, the whole American system, as clearly as the sunlight perey meant to surrender or transfer—part of their sovereignty, to whom was the transfer made? Not to the people of the United States in the aggregate; there was no such people in existence, and they did not create or constitute such a people by merge
Connecticut (Connecticut, United States) (search for this): chapter 2.18
f Pennsylvania said sovereignty is in the people before they make a Constitution, and remains in them, and described the people as being thirteen independent sovereignties. Ibid., Vol. II, p. 443. Gouverneur Morris, who was, as well as Wilson, one of the warmest advocates in the convention of a strong central government, spoke of the Constitution as a compact, and of the parties to it as each enjoying sovereign power. See Life of Gouverneur Morris, Vol. III, p. 193. Roger Sherman of Connecticut declared that the government was instituted by a number of sovereign States. See Writings of John Adams, Vol. VII, letter of Roger Sherman. Oliver Ellsworth of the same state spoke of the states as sovereign bodies. See Elliott's Debates, Vol. II, p. 197. These were all eminent members of the convention which formed the Constitution. There was scarcely a statesman of that period who did not leave on record expressions of the same sort. But why multiply citations? It is very e
Pennsylvania (Pennsylvania, United States) (search for this): chapter 2.18
mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every State in the Union. Ibid., No. Lxxxi. In the same paragraph he uses these terms, sovereign and sovereignty, repeatedly—always with reference to the states, respectively and severally. Benjamin Franklin advocated equality of suffrage in the Senate as a means of securing the sovereignties of the individual States. See Elliott's Debates, Vol. V, p. 266. James Wilson of Pennsylvania said sovereignty is in the people before they make a Constitution, and remains in them, and described the people as being thirteen independent sovereignties. Ibid., Vol. II, p. 443. Gouverneur Morris, who was, as well as Wilson, one of the warmest advocates in the convention of a strong central government, spoke of the Constitution as a compact, and of the parties to it as each enjoying sovereign power. See Life of Gouverneur Morris, Vol. III, p. 193. Roger Sherman of Connecticut de
Massachusetts Bay (Massachusetts, United States) (search for this): chapter 2.18
way of expressing their conviction that the word had no meaning for us. We have seen that, in the very front of their Articles of Confederation, they set forth the conspicuous declaration that each state retained its sovereignty, freedom, and independence. Massachusetts—the state, I believe, of Motley's nativity and citizenship—in her original constitution, drawn up by men of those days, made this declaration: The people inhabiting the territory formerly called the Province of Massachusetts Bay do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and independent body politic, or State, by the name of The Commonwealth of Massachusetts. New Hampshire, in her constitution, as revised in 1792, had identically the same declaration, except as regards the name of the state and the word state instead of commonwealth. Madison, one of the most distinguished of the men of that day and of the advocates of the Constitution, in a speech al
right of sovereignty, either in whole or in part. They only delegate to their governments the exercise of such of its functions as may be necessary, subject always to their own control, and to reassumption whenever such government fails to fulfill the purposes for which it was instituted. I think, it has already been demonstrated that, in this country, the only political community—the only independent corporate unit—through which the people can exercise their sovereignty, is the state. Minor communities—as those of counties, cities, and towns—are merely fractional subdivisions of the state; and these do not affect the evidence that there was not such a political community as the people of the United States in the aggregate. That the states were severally sovereign and independent when they were united under the Articles of Confederation, is distinctly asserted in those articles, and is admitted even by the extreme partisans of consolidation. Of right, they are still sovere
John Lothrop Motley (search for this): chapter 2.18
e sovereignty of any government. There was no such surrender, no such transfer, in whole or in part, expressed or implied. They retained, and intended to retain, their sovereignty in its integrity—undivided and indivisible. But, indeed, says Motley, the words sovereign and sovereignty are purely inapplicable to the American system. In the Declaration of Independence the provinces declare themselves free and independent States, but the men of those days knew that the word sovereign was a teno meaning for us. We have seen that, in the very front of their Articles of Confederation, they set forth the conspicuous declaration that each state retained its sovereignty, freedom, and independence. Massachusetts—the state, I believe, of Motley's nativity and citizenship—in her original constitution, drawn up by men of those days, made this declaration: The people inhabiting the territory formerly called the Province of Massachusetts Bay do hereby solemnly and mutually agree with ea<
Benjamin Franklin (search for this): chapter 2.18
e Federalist: It is inherent in the nature of sovereignty, not to be amenable to the suit of an individual without its consent. This is the general sense and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every State in the Union. Ibid., No. Lxxxi. In the same paragraph he uses these terms, sovereign and sovereignty, repeatedly—always with reference to the states, respectively and severally. Benjamin Franklin advocated equality of suffrage in the Senate as a means of securing the sovereignties of the individual States. See Elliott's Debates, Vol. V, p. 266. James Wilson of Pennsylvania said sovereignty is in the people before they make a Constitution, and remains in them, and described the people as being thirteen independent sovereignties. Ibid., Vol. II, p. 443. Gouverneur Morris, who was, as well as Wilson, one of the warmest advocates in the convention of a strong central governm
James Madison (search for this): chapter 2.18
hose days, made this declaration: The people inhabiting the territory formerly called the Province of Massachusetts Bay do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and independent body politic, or State, by the name of The Commonwealth of Massachusetts. New Hampshire, in her constitution, as revised in 1792, had identically the same declaration, except as regards the name of the state and the word state instead of commonwealth. Madison, one of the most distinguished of the men of that day and of the advocates of the Constitution, in a speech already once referred to, in the Virginia convention of 1788, explained that We, the people, who were to establish the Constitution, were the people of thirteen sovereignties. Elliott's Debates, Vol. III, p. 114, edition of 1836. In the Federalist he repeatedly employs the term—as, for example, when he says: Do they [the fundamental principles of the Confederation] require tha
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