The argument assumes that the States
were originally each in its individuality a sovereign state, but by
the convention which framed the constitution, each surrendered
its sovereignty to the whole, and thus several sovereign states
became one sovereign political people, governing in general
matters through the General government, and in particular matters
through particular or State governments. This is Mr. Madison's
theory, and also Mr. Webster's; but it has been refuted in the
refutation of the theory that makes government originate in
compact. A sovereign state can, undoubtedly, surrender its
sovereignty, but can surrender it only to something or somebody
that really exists; for to Surrender to no one or to nothing is,
as has been shown, the same thing as not to surrender at all; and
the Union, being formed only by the surrender, is nothing prior
to it, or till after it is made, and therefore can be no
recipient of the surrender.
Besides, the theory is the reverse of the fact. The State does
not surrender or part with its sovereignty by coming into the
Union, but acquires by it all the rights it holds as a State.
Between the original States and the new States there is a
difference of mode by which they become States in the Union, but
none in their powers, or the tenure by which they hold them. The
process by which new States are actually formed and admitted into
the Union, discloses at once what it is that is gained or lost by
admission.
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