Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/235

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CH. I.]

HISTORY OF THE REVOLUTION.

195

forms of government, the absolute sovereignty of the nation is in the people of the nation; and the residuary sovereignty of each state, not granted to any of its public functionaries, is in the people of the state.^[1]

§ 209. There is another mode, in which we speak of a state as sovereign, and that is in reference to foreign states. Whatever may be the internal organization of the government of any state, if it has the sole power of governing itself and is not dependent upon any foreign state, it is called a sovereign state; that is, it is a state having the same rights, privileges, and powers, as other independent states. It is in this sense, that the term is generally used in treatises and discussions on the law of nations. A full consideration of this subject will more properly find place in some future page.^[2]

↑ 2 Dall. 471, 472. Per Jay C. J.
Mr. J. Q. Adams, in his Oration on the 4th of July, 1831, published after the preparation of these Commentaries, uses the following language: "It is not true, that there must reside in all governments an absolute, uncontrollable, irresistible, and despotic power; nor is such power in any manner essential to sovereignty. Uncontrollable power exists in no government on earth. The sternest despotisms in any region and in every age of the world, arc and have been under perpetual control. Unlimited power belongs not to man; and rotten will be the foundation of every government, leaning upon such a maxim for its support. Least of all can it be predicated of a government, professing to be founded upon an original compact. The pretence of an absolute, irresistible, despotic power, existing in every government somewhere, is incompatible with the first principles of natural right."
↑ Dr. Rush, in a political communication, in 1786, uses the term "sovereignty" in another, and somewhat more limited sense.^{[a 1]} He says, "The people of America have mistaken the meaning of the word 'sovereignty.' Hence each state pretends to be sovereign. In Europe it is applied to those states, which possess the power of making war and peace, of forming treaties, and the like. As this power belongs only to congress, they are the only sovereign power in the United Slates. We commit a similar mistake in our ideas of the word 'independent.' No

↑ 1 Amer. Museum, 8, 9.

[1] 2 Dall. 471, 472. Per Jay C. J.
Mr. J. Q. Adams, in his Oration on the 4th of July, 1831, published after the preparation of these Commentaries, uses the following language: "It is not true, that there must reside in all governments an absolute, uncontrollable, irresistible, and despotic power; nor is such power in any manner essential to sovereignty. Uncontrollable power exists in no government on earth. The sternest despotisms in any region and in every age of the world, arc and have been under perpetual control. Unlimited power belongs not to man; and rotten will be the foundation of every government, leaning upon such a maxim for its support. Least of all can it be predicated of a government, professing to be founded upon an original compact. The pretence of an absolute, irresistible, despotic power, existing in every government somewhere, is incompatible with the first principles of natural right."

[b2c1Rush-3] Dr. Rush, in a political communication, in 1786, uses the term "sovereignty" in another, and somewhat more limited sense.^{[a 1]} He says, "The people of America have mistaken the meaning of the word 'sovereignty.' Hence each state pretends to be sovereign. In Europe it is applied to those states, which possess the power of making war and peace, of forming treaties, and the like. As this power belongs only to congress, they are the only sovereign power in the United Slates. We commit a similar mistake in our ideas of the word 'independent.' No

[a1-2] 1 Amer. Museum, 8, 9.

[1]

[2]

[a 1]