Spain, deprived the Citizens of the United States of the right of deposite in the port of that City, this was no breach of the faith of Spain; because when she was informed of the act done by her officer under color of her authority, she disavowed it as having been done in virtue of any such authority given by her. So, too, when upon a more recent occasion, a military officer of the United States, acting in contravention of many of the Articles of the same Treaty with Spain, entered her territory with the armed force under his command, seized upon her fortresses, slaughtered her subjects, and annulled her Sovereign powers; even this act constituted no breach of faith of the United States.
Because, they too, when informed of these acts, done by their officer, under color of their authority, disavowed them all, as having been done by him in pursuance of any power given by them to him for these purposes.
In either case, the misdeeds of these agents, although not breaches of the plighted faith of their respective Sovereigns, because unauthorized and disavowed by them, yet being done under color of their authority, bound these Sovereigns severally, to make reparation and compensation for the wrongs and injuries suffered; and in either case, such reparation and compensation was demanded and given.
Although it is true, that the covenant formed between any State and its co-States, cannot be violated by any other than by some of the sovereign parties to that Covenant, so as to make the violation of it a breach of their pledged faith, yet while man has free will, he may and often does commit wrongs, and crimes, and sins, which may threaten a breach of his Sovereign's faith.
To prevent this, every person, whether natural or Corporate, in every country, unless he be a bandit, or an outlaw, is forced to become the subject of some Sovereign, who in exchange for the protection it is bound to afford, and the responsibility it is compelled to bear for the acts of its subjects, is entitled to their obedience and allegiance. Hence, all in this country are the subjects of some Sovereign State, or amenable to the authority of the government of the United States, which government is itself amenable to the authority of the Sovereign States, its creators and preservers, and who whenever they may see fit, can rightfully become its destroyers.
