is, it will be plain that it cannot be divided. It is the sum of the separate elements, which, when united, form absolute, uncontrollable power. The power of the sovereign with us is limited, that of the sovereignty-Queen, Lords and Commons is unbounded. This sovereignty pervades the State, as life pervades the body, incapable of division within it. A divided sovereignty would indeed be two sovereignties within one State-two powers both supreme-two lives in one body. By the constitutional principles of America, on which alone this subject must be judged, this sovereignty resides in the people alone, and is held to be inherent in them, and inalienable from them.

Now, if inalienable, it remains where it was, where we know it did exist—in the people of each separate State-bounded by the boundaries of that State, which define the individuality of that distinct community;-for that which is inalienable cannot be passed away, nor yet divided, which would pass part of it away. It is coextensive with the individuality of that people. And held to be inherent, born in that people, it must be the inheritance of the following generation, as well as the possession of the present one. The people are continuous, there is no gap between one generation and another, and that which is inherent in them mustclearly be continuous also.

So long as these tenets are the constitutional law of America, one generation cannot be born less sovereign than another; and the people of the

State of Georgia clearly continue in the Union under the Constitution, as they existed in the Union under the "Articles of Confederation,' united with others for certain purposes, but a distinct, independent, and sovereign community. In reality, every State has asserted its distinct sovereignty, on all occasions, and in peremptory terms. The leading supporters of the Union at the present day are citizens of Massachusetts. In 1793, that State was sued in an action brought in the Supreme Court. The Governor of the State, Hancock, declined to answer or appear, and took the very different course of issuing a proclamation, for a special meeting of the legislature of the State. He held it to be beneath the dignity of a sovereign State to answer to a suit; and the legislature agreed with him. The result was to enforce the addition of a clause, the eleventh of the amendments to the Constitution, expressly debarring the judicial power of the Government from any suit against one of the States. Again, in 1814, Governor Strong, of the same State, declared that "the Government of the United States is founded on the State governments, and must be supported by them. The State legislatures are the guardians, not only of individuals, but of the sovereignty of the respective States." Again Massachusetts proceeded to act, as well as to assert, and refused to comply with the behests of the Federal Government. Throughout the history of the Union every State, without ex

ception, whenever the occasion has arisen,-and there have been many,-has asserted its sovereignty in jealous and absolute terms; and we find no instance where the assertion has been denied or disputed by the Federal Government. There is a remarkable case at the present day in the conduct of the State of Kentucky, in declaring its neutrality whilst the Government was at war.

By virtue of this sovereignty, the States, when so disposed, call a Convention, which has the power to pass an ordinance, or to repeal a former one passed by a predecessor. The repealing ordinance of the State of Georgia runs thus: "An ordinance to dissolve the Union between the State of Georgia, and other States united with her, under the compact of Government, entitled the Constitution of the United States."

"We, the people of the State of Georgia, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, that the ordinances adopted by the people of the State of Georgia, in Convention, in 1788, whereby the Constitution of the United States was assented to, ratified, and adopted, and also all acts, and parts of acts, of the general assembly, ratifying and adopting amendments to the said Constitution, are hereby repealed, rescinded, and abrogated.

"And we do further declare, and ordain, that the Union now subsisting between the State of Georgia, and other States, under the name of the United States, is hereby dissolved, and that the

State of Georgia is in full possession, and exercise, of all those rights of sovereignty, which belong, and appertain, to a free and independent State."

Here we have the passing of the law, and its repeal, both with the same solemnity, and by the same body. The power is inherent in every legislature to repeal a former act, and in every Convention to repeal a former ordinance. Parliament cannot pass an act which a future parliament may not repeal. A Convention is the direct organ .of the sovereignty of the people, the instrument through which it manifests its absolute power. Called for the purpose of organic change, its functions are not limited, like those of a legislature, within the terms of a Constitution; on the contrary, its powers have no limit. It is there to make or unmake Constitutions. It is a clear act of sovereignty to summon a Convention, altogether beyond the scope of a province. The right of each State to do so has been constantly exercised, and never disputed, and no Convention can be called which has not within itself the inherent power to repeal an ordinance passed by a previous Convention of that State.

As each of the original States acceded to the Constitution by an act of Convention, and as this forms the only bond of union, it follows that each of those States, as a sovereign community, has, according to the constitutional principles of America, the inherent right to repeal that act, and sever the bond, or, in other words, to secede from

the Union. An effort is made to meet this, by confusing the joint action of the States in general Convention, with the separate act of each State which alone formed the Union. It is said, that as the States acted conjointly, no one of them can withdraw without the assent of the rest. It is true that twelve of the thirteen States acted conjointly-in framing the instrument; whereupon their joint action ceased, the instrument itself having no particle of force. Subsequently each State separately passed an ordinance which accepted that instrument, and attached such State to the Union. Hence the repeal of that ordinance is not the repeal of any conjoint action whatever, but of the single, separate act of that State. No assent of others was sought or given in the passing of that ordinance, and no assent of others is required to enable a succeeding Convention to repeal it.

Nor is this the only source from which the right of secession is derived. It arises under the clause of the Constitution, which reserves to each State every right not expressly conferred. This at once raises the question what are those rights, and what the powers reserved to a State; and to learn this, it is imperative to refer to the special Constitution of that State. Of these there are now thirty-four, differing in some of their provisions, but kindred in spirit. Few of them have ever passed a quarter of a century without alteration;

they have invariably been altered for the worse,