The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-07
| THE STATE AND TIE NATION.
A Reply 10 the View OF state Sovereignty
PrODOsed by Mr.. Goodwin smith.

To THP EDITOR or THF SrS-Sir: ! am
very much surprised that Mr. Goodwin Smith
| has lent his name to the erroneous doctrine
| of State sovereignty The Union" he writes
| in TIE SrS. was compact among states
| which did not resign their sovereignty. and
which would have felt themselves at liberty
| to seccde. at al, events, In case OF breach OF
compact"
IL the States were really sovereign they
could not by compact or agreement form
themselves into sovereign nation. The
| agreement would bind In virtue of the sov-
ereign power OF the parties to the contract.
and n YOU destroy the SOVEREIGN power you
destroy the contract and make the agree
ment void The states. writes an eminent
authority, cannot become n new and single
SOVEREIGN State In convention, unless they
lose their several sovereignty hut this they
cannot do by a yrcement. because the moment
the part les to the agreement cease 10 be SOW
ereiyn. the agreement, on which alone de-
In like manner "a a contract Il vacated by the
death of the contracting parties
tnn Of tho stte eTsr
ally sovereign. and after tn" conwnflon they
became one soverci IN nation IN their relations
selves they are still severallv sovereign.
Webster maintained almost the sane views
fed,racy OF sovereign states. hcncs that
state secession l. an inconte-thn" rlHN
Thsrefore the opinions Of ths- ns svr,e grsas
'r4 Thd patti Hrte yea" Of Confederation assumed
TINT the States were severally sovereign.
All the early, writers on our Governments
treated the subject "a " the states were IN
anime their writings closely we shall find that
the trainers of our Con -ttution and the think
ers OF the time followed HOBBIES and Locke,
the origin OF government The Wild fancies
OF Rousseau and other speculators. called by
crude rS" abs e t OF Locke and Hobbies had
csr'ivated the minds OF our early stltesmen.
To-Day them are we ' Sa TSG Ss
question Of the sovereignty OF the states
from it, true point Of view,
Spun theories. but BY historical facts Hence.
I Gsk. We're the states severally sovereign
D mafrlv Colonies or inchoate StateS From
i77s TO i7s2, when the nrcliininary treaty was
ne@ at rsy s for n9 eedom
fact nd the f. the
I" them -:yeIally; and all the he facts prove tha'
Now the state acts ~ 1t EXISTS. The States
always acted on TIE a.,nlnp,ion that s3ve I,
Hs1y rd@d . ,s HTed statss sna
is ordoined by ..wc, the people q the United
state; The fact that the S ,,,",,I asked
proof positive TINT the States did not profess
themselves to be sovcr.ign IN. cony T,n.
tton I'D rot make inc l MOI, loT Nntp y ,,ou
existed before the convention, as Il clear
from the fat that II declared it, purpose to
be TO provide for a more perfect Union.
The It atesmen Of the eighteenth century
made no distinction bet woen the written
Constituton aud the unwritten Constitution.
or The one born with the nation, sometimes
they do not clearly diStinruis bet ween the
General Government. q particular state
government and the United states The
general and part ocular governments are not
sovereign. bur tho United states are-tn fact.
the real soycreig II the United Statea
JHFSToN Dec 4 GFoRaR WAsHISorON.