“DiLorenzo is absolutely wrong in saying that the 13 states were recognized as independent separate sovereignties. They were not. In 1826, Madison and Jefferson together, in making rules for the University of Virginia, resolved that the first of the documents that should be studied by the law faculty of the University of Virginia, was the Declaration of Independence as the Act of Union of the States. The Declaration was a declaration of separation from Great Britain and union with each other. And the state legislatures, or state revolutionary colonial legislatures on the road to independence—almost all of them passed resolutions calling for independence and for union.”

2000s, The Real Abraham Lincoln: A Debate (2002), Q&A

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Harry V. Jaffa 171
American historian and collegiate professor 1918–2015

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“This sophism derives much, perhaps the whole, of its currency from the assumption that there is some omnipotent and sacred supremacy pertaining to a State — to each State of our Federal Union. Our States have neither more nor less power than that reserved to them in the Union by the Constitution, no one of them ever having been a State out of the Union. The original ones passed into the Union even before they cast off their British colonial dependence, and the new ones each came into the Union directly from a condition of dependence, excepting Texas; and even Texas, in its temporary independence, was never designated a State. The new ones only took the designation of States on coming into the Union, while that name was first adopted for the old ones in and by the Declaration of Independence. Therein the "United Colonies" were declared to be "free and independent States;" but even then the object plainly was not to declare their independence of one another or of the Union, but directly the contrary, as their mutual pledge and their mutual action before, at the time, and afterwards abundantly show. The express plighting of faith by each and all of the original thirteen in the Articles of Confederation, two years later, that the Union shall be perpetual is most conclusive. Having never been States, either in substance or in name, outside of the Union, whence this magical omnipotence of "State rights," asserting a claim of power to lawfully destroy the Union itself? Much is said about the "sovereignty" of the States, but the word even is not in the National Constitution, nor, as is believed, in any of the State constitutions. What is a "sovereignty" in the political sense of the term? Would it be far wrong to define it "a political community without a political superior"? Tested by this, no one of our States, except Texas, ever was a sovereignty; and even Texas gave up the character on coming into the Union, by which act she acknowledged the Constitution of the United States and the laws and treaties of the United States made in pursuance of the Constitution to be for her the supreme law of the land. The States have their status in the Union, and they have no other legal status. If they break from this, they can only do so against law and by revolution. The Union, and not themselves separately, procured their independence and their liberty. By conquest or purchase the Union gave each of them whatever of independence and liberty it has. The Union is older than any of the States, and, in fact, it created them as States. Originally some dependent colonies made the Union, and in turn the Union threw off their old dependence for them and made them States, such as they are. Not one of them ever had a State constitution independent of the Union. Of course it is not forgotten that all the new States framed their constitutions before they entered the Union, nevertheless dependent upon and preparatory to coming into the Union.”

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Context: I have witnessed the declaration of independence of the States of Chile and Peru. I hold in my hand the standard carried by Pizarro when he enslaved the Empire of the Incas, and I am no longer a public man. Ten years of revolution and war have been repaid to me with usury. My promises to the people for whom I have waged war have been fulfilled — to accomplish their independence and leave the choice of their rulers to their own will. The presence of an unfortunate soldier, however disinterested he may be, is not desirable in newly constituted states. On the other hand, I am tired of having it said that I wish to make myself King. In short, I shall always be ready to make the ultimate sacrifice for the liberty of the country, but as in the character of a simple private citizen and in no other. As for my conduct in public office, my compatriots, as is usually the case, will divide their opinions; their children will render true judgment. Peruvians, I leave you with your national representation established. If you place your entire confidence in it, count on succes; if not, anarchy will destroy you. May Heaven preside over your destinies and may you reach the summit of happiness and peace.

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