The Life and Work of James A. Garfield, Twentieth President of the United States: Embracing an Account of the Scenes and Incidents of His Boyhood; the Struggles of His Youth; the Might of His Early Manhood; His Valor As a Soldier; His Career As a Statesman; His Election to the Presidency; and the Tragic Story of His Death.Ridpath, John Clark
History
The Life and Work of James A. Garfield, Twentieth President of the United States: Embracing an Account of the Scenes and Incidents of His Boyhood; the Struggles of His Youth; the Might of His Early Manhood; His Valor As a Soldier; His Career As a Statesman; His Election to the Presidency; and the Tragic Story of His Death.
Ridpath, John Clark
Garfield, James A. (James Abram), 1831-1881
“Substantially the same definition maybe found in Grotius, book one,
chapter one, section fourteen; in Burlamaqui, volume two, part one,
chapter four, section nine; and in Vattel, book one, chapter one.
The primary point of agreement in all these authorities is, that in
contemplation of international law a state is absolutely sovereign,
acknowledging no superior on earth. In that sense the United States
is a state, a sovereign state, just as Great Britain, France, and
Russia are states.
“But what is the meaning of the word State as applied to Ohio or
Alabama? Is either of them a state in the sense of international
law? They lack all the leading requisites of such a state. They are
only the geographical subdivisions of a state; and though endowed by
the people of the United States with the rights of local
self-government, yet in all their external relations their
sovereignty is completely destroyed, being merged in the supreme
Federal Government.—_Halleck’s International Law_, sec. 16, page 71.
“Ohio can not make war; can not conclude peace; can not make a
treaty with any foreign government, can not even make a compact with
her sister States; can not regulate commerce; can not coin money;
and has no flag. These indispensable attributes of sovereignty, the
State of Ohio does not possess, nor does any other State of the
Union. We call them States for want of a better name. We call them
States, because the original Thirteen had been so designated before
the Constitution was formed, but that Constitution destroyed all the
sovereignty which those States were ever supposed to possess in
reference to external affairs.
“I submit, Mr. Speaker, that the five great publicists—Grotius,
Puffendorf, Bynkershoek, Burlamaqui, and Vattel, who have been so
often quoted in this debate, and all of whom wrote more than a
quarter of a century, and some nearly two centuries before our
Constitution was formed, can hardly be quoted as good authorities in
regard to the nature and legal relationships of the component States
of the American Union.
“Even my colleague from the Columbus District [Mr. Shellabarger], in
his very able discussion of this question, spoke as though a State
of this Union was the same as a state in the sense of international
law, with certain qualities added. I think he must admit that nearly
all the leading attributes of such a state are taken from it when it
becomes a State of the Union.
Public-domain text, read in full here on John Shaqi.
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