Page:Southern Historical Society Papers volume 28.djvu/185

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"When the original thirteen Colonies threw off their allegiaix < to Great Britain, they became independent States, independent of her and of each other." * * * "The recognition was of the States separately, each by name, in the treaty of peace which term- inated the war of the Revolution. And that this separate recognition was deliberate and intentional, with the distinct object of recognizing the States as separate sovereignties, and not as one nation, will sufficiently appear by reference to the sixth volume of Bancroft's History of the United States. The Articles of Confederation be- tween the States declared, that ' each State retains its sovereignty, freedom and independence.' And the Constitution of the United States, which immediately followed, was first adopted by the States in convention, each State acting for itself, in its sovereign and inde- pendent capacity, through a convention of its people. And it was by this ratification that the Constitution was established, to use its own words, ' between the States so ratifying the same.' It is, then, a compact between the States as sovereigns, and the Union created by it is a federal partnership of States, the Federal Government be- ing their common agent for the transaction of the Federal business within the limits of the delegated powers."

LAW OF. CO-PARTNERSHIPS.

This able writer then illustrates the compact between the States by the principles of law governing ordinary co-partnerships, just as Mr. Webster did. And he then says:

" Now, if a partnership between persons is purely voluntary, and subject to the will of its members severally, how much more so is one between sovereign States ? and it follows that, just as each, sep- arately, in the exercise of its sovereign will, entered the Union, so may it separately, in the exercise of that will, withdraw therefrom. And further, the Constitution being a compact, which the States are parties ' having no common judge,' 'each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress,' as declared by Mr. Jefferson and Mr. Madison in the celebrated resolutions of '98, and the right of secession irresistibly follows.

" But aside from the doctrine either of partnership or compact, upon the ground of State sovereignty pure and simple, does the right of State secession impregnably rest."