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Page:United States Reports, Volume 2.djvu/463

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Strrnmm COURT of the United State:. 4;*] her own citizens: In this fenfe, I am certain, the can have rygg. no claim upon the citizens of another State. _ r;y·`• In another fenfe, according to fome writers’, every State, _ which governs itfelf without any dependence on another pow- Z er, is a fovereign State. Whether, with regard to her own citizens, this is the cafe of the State of Georgia , whether thofe citizenshave done, as the individuals of England are [aid, hy their late inliruftors, to have done, furrendered the Supreme Power to the State or Govemment, and referved nothing to - themfelvea E ar whether, like the people of other States, and of the United States, the citizens of Georgia have relerveal the Supreme Power in their own hands; and on that Supreme Power have made the State dependent, inltead of being fove- reign ; thefe are queiiions, to which, as a judge in this caufc, I can neither know nor fuggeilt the proper anfwers; though, as tt citizenof the Union, I know, and am ineerellzed to know, that the mail: Satisfactory aufwers can be given. As a citizen, I know the Government of that State to he republican ; and my lhort definition of fuch a Governm t is, eouitruéled . on this principle, that the Supreme Power telides in the body of the people. As a ]udge of this Court, I know, and cart decide upon the knowledge, that th: citizens of Georgia, when they a&ed upon the large fcale of the Umhrr, as a part of the ¤¢ People of the United State:,” did rrot furrender the Supreme or fovereign Power to thatState; hut, as to tbe prrrpqéely the Urriorr, retained it to themfelves. A: to tbeprrrpojir ofthe rriorr, therefore, Georgia ir nor u fo·rrer·eign State. lf the Judicial deciiion of this cafe forms orre of tb¢ purpofes; the allegation, that Georgia is a fovereign State, is unfupportcd by the Whedter the judicial decilion of this caufe is, or is not, one of thofe purpofes, is a queltion which will be examined particu- larly in a fubfequent part of my argument. '1`here is a third fenfe, in which the term fovereign is fre- _ qusntly ufed, and which it is very material to trace and explain, ` as it furniihes a hafis for what] prefume to be one of the prin- cipal objcélions againllzthe jurifdiétion of this Court over the State cf Georgia. In this fenfe, fovereignty is derived from a feudal i··!:.;ce_.; and like many other parts of that fyltem fo de- grading frjrnan, liill retains its influence over our fcntiments i_-and cnnihzéi, though the caufe, by which that inlluenee was ` produced, never extended to the Arnerimrr States. The accu- rate and well informed Prelident Herurult, in his excellent chro- _ ttological abridgment of the Hiftory of Rance, tells us, that, nbout the end of the fecond race of Kirrgr, a new kind of pot`- fellion was acquired, under the name of .Firy'Z The Governors of Cities and Provinces ufurpcd equally the property of land, Mmm and I Vtlfh Bo It ifs Ia |• _