Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/231

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CH. I.]
HISTORY OF THE REVOLUTION.
191

adopted the resolution for Independence; and on the 4th of July they adopted the Declaration of Independence; and thereby solemnly published and declared, "That these united colonies are, and of right ought to be, free and independent states; that they are absolved from all allegiance to the British crown; and that all political connexion between them and the state of Great Britain is, and ought to he, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things, which independent states may of right do."

§ 206. These minute details have been given, not merely, because they present an historical view of the actual and slow progress towards independence; but because they give rise to several very important considerations respecting the political rights and sovereignty of the several colonies, and of the union, which was thus spontaneously formed by the people of the united colonies.

§ 207. In the first place, antecedent to the Declaration of Independence, none of the colonies were, or pretended to be sovereign states, in the sense, in which the term "sovereign" is sometimes applied to states.[1] The term "sovereign" or "sovereignty" is used in different senses, which often leads to a confusion of ideas, and sometimes to very mischievous and unfounded conclusions. By "sovereignty" in its largest sense is meant, supreme, absolute, uncontrollable power, the jus summi imperii,[2] the absolute right to govern. A state or nation is a body politic, or society of men,
  1. 3 Dall. 110. Per Blair J.; 9 Dane's Abridg. Appx. § 2, p. 10, § 3, p. 12, § 5, p. 16.
  2. 1 Bl. Comm. 49; 2 Dall. 471. Per Jay C. J.