DERATION] ; and the Lycian confedera tion which is described by Strabo (p. 664). The Roman system of Foederate States (Civitates Foederatae) is another instance of a kind of confederation ; but it was of a peculiar kind, for Rome was neither ab 1 solutely sovereign over these states nor yet associated with them in a federation, as now understood. The relationship be tween Rome and the federate states rather resembled the relation of sovereign and subject, than any other, though it was not precisely that.
A supreme federal government, or a composite state, is distinguished by Austin (Province of Jurisprudence determined) from a system of confederated states : in the latter "each of the several societies is an independent political society, and each of their several governments is properly sovereign or supreme." It is easy to conceive a number of sovereign powers, such as the German States, assembling and passing resolutions which concern all the members of the confederacy, and yet leaving these resolutions to be enforced in each state by its own sovereign power. Such a union therefore differs essentially from a supreme federal government, which enforces its commands in each and all the states. As to the existence of a written constitution, as it is called, in the one case, and a mere compact in the other, that makes no essential difference, for the federal constitution, as we have shown, is merely articles of agreement, which only derive their efficacy from the continued assent of all the members that contribute in their aggregate capacity to form the sovereign power in such federation.
As to a system of confederated states, Austin adds : " I believe that the Ger man Confederation, which has succeeded to the ancient empire, is merely a system of confederated states. I believe that the present diet is merely an assembly of ambassadors from several confederated but severally independent governments ; that the resolutions of the diet are merely articles of agreement which each of the confederated governments spontaneously adopts ; and that they owe their legal effect, in each of the compacted com munities, to laws and commands which are fashioned upon them by its own im mediate chief. I also believe that the Swiss Confederation was and is of the same nature. If, in the case of the Ger man or of the Swiss Confederation, the body of confederated governments enforces its own resolutions, those confederated go vernments are one composite state, rather than a system of confederated states. The body of confederated governments is pro perly sovereign : and to that aggregate and sovereign body each of its constituent members is properly in a state of subjec tion."