But the theoretical formula is not wholly put into practice by any confederacy that exists to-day. And least of all by the American Union, where it is impossible to speak of original sovereignty in regard to the majority of the states. Many of them were not included in the federal complex until long after it had been established. The states that make up the American Union are mostly in the nature of territories, more or less, formed for technical administrative purposes, their boundaries having in many cases been fixed in the mapping office. Originally these states did not and could not possess sovereign rights of their own. Because it was the Union that created most of the so-called states. Therefore the sovereign rights, often very comprehensive, which were left, or rather granted, to the various territories correspond not only

to the whole character of the Confederation but also to its vast space, which is equivalent to the size of a Continent. Consequently, in speaking of the United States of America one must not consider them as sovereign states but as enjoying rights or, better perhaps, autarchic powers, granted to them and guaranteed by the Constitution.

Nor does our definition adequately express the condition of affairs in Germany. It is true that in Germany the individual states existed as states before the REICH and that the REICH was formed from them. The REICH, however, was not formed by the voluntary and equal co-operation of the individual states, but rather because the state of Prussia gradually acquired a position of hegemony over the others. The difference in the territorial area alone between the German states prevents any comparison with the American Union. The great difference in territorial area between the very small German states that then existed and the larger, or even still more the largest, demonstrates the inequality of their achievements and shows that they could not take an equal part in founding and shaping the federal Empire. In the case of

most of these individual states it cannot be maintained that they ever enjoyed real sovereignty; and the term 'State Sovereignty' was really nothing more than an administrative formula which had no inner meaning. As a matter of fact, not only developments in the past but also in our own time wiped out several of these so-called 'Sovereign States' and thus proved in the most definite way how frail these 'sovereign' state formations were.

I cannot deal here with the historical question of how these individual states came to be established, but I must call attention to the fact that hardly in any case did their frontiers coincide with ethical frontiers of the inhabitants. They were purely political phenomena which for the most part emerged during the sad epoch when the German Empire was in a state of exhaustion and was dismembered. They represented both cause and effect in the process of exhaustion and partition of our fatherland.

Though the abolition of the monarchical regime and its representatives had dealt a hard blow to the federal character of the REICH, still more destructive, from the federal point of view, was the acceptance of the obligations that resulted from the 'peace' treaty.