The ensuing resolution of Congress (the real Declaration), precedent to the Declaration of Independence, is as follows:

"Resolved that these United Colonies are, and of right ought to be free and independent states, that they are absolved from all allegiance to the British Crown; and that all political connexion between them and the state of Great Britain is, and ought to be, totally dissolved."

The same phraseology obtains in "the Declaration of Independence," which continues:

"and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do."

In the Virginia Resolutions is unequivocally to be perceived a State (i. e., "Nation") declaring its injuries, its readiness to confederate with other States for a certain purpose, and reserving to itself self-government under that confederation. The phraseology of the ensuing resolution of Congress and Declaration of Independence is strictly in consonance with this declaration and with the consequences which would naturally ensue from precedent conditions, viz.: that each colony, being severally a dependency on Great Britain and unconnected with any other power, upon becoming independent of that country became a "free and independent state." The sequence of events, the phraseology, the legal consequence, and actual results are thus in entire agreement. The former do not indicate the latter to be that the colonies became a "free and independent state." 3

"Whilst the Colonies enjoyed the protection of the parent country against foreign danger; and were coerced by its. . . control, against conflict among themselves, they continued independent of each other.

"The Congress finding . . . that the popular voice began to call for an entire and perpetual dissolution of the political ties which had connected them with G. B. proceeded on the

memorable 4th of July, 1776, to declare the thirteen Colonies independent States.

"During the discussions of this solemn Act, a Committee consisting of a Member from each colony had been appointed to prepare and digest a form of Confederation for the future management of the common interests which had hitherto been left to the discretion of Congress guided by the exigencies of the contest, and by the known intentions or occasional instruction of the Colonial Legislatures." *

Although the very Resolutions asserting independence call for a confederation of the states, thereby necessarily excluding the idea of a consolidation of them, effected by the Resolutions the doctrine (suggested by Mr. James Wilson? *) that the States became independent, not severally, but as one body, has been accepted as a basis of party belief, has played its part in destroying the original theory of our government, and must be met in any attempt to retrace that theory.

"From the preceding view of the colonies prior to 1774, and while the ancient relations between them and the mother country continued, it is most manifest that they were as separate from each other, in all matters of internal government, as they now are. . . No other controlling power did, or could exist then, under the old constitution of the Kingdom, than does now under that of the Union, save such as it imposed.

"Though they had assembled in Congress to consult on their common concerns, they had never made a government over themselves; and when they met in 1774, their proceedings showed in what capacity they acted. They first resolved, that each colony should have one vote, which was an explicit declaration, that they acted separately in all they did; their declaration of rights and resolutions are also too unequivocal for any double or doubtful meaning to be attached to them.

"After reciting the grievances suffered in consequence of certain acts of parliament, and of the crown, they declare the character and authority under which they act. "The good people of the several colonies of New Hampshire, Massachusetts * Madison, Preface to "Debates in Convention," 1787.

Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, New Castle, Kent, and Sussex on the Delaware, Maryland, Virginia, North Carolina, and South Carolina, jointly alarmed at these arbitrary proceedings of parliament and administration, have severally elected, constituted, and appointed deputies, to meet and sit in the city of Philadelphia, in order to obtain such establishment as their religion, laws, and liberties, may not be subverted.

""Whereupon, the deputies so appointed, being now assembled in a full and free representation of these colonies, taking into their most serious consideration the best means of attaining the ends aforesaid; do, in the first place, as Englishmen, their ancestors, in like cases have usually done, for asserting and vindicating their rights and liberties, declare,

““That all the inhabitants of the English colonies in North America by the immutable laws of nature, the principles of the English constitution, and their several charters and compacts, have the following rights:

'Resolved, N.C.D. 1. That they are entitled to life, liberty and property; and they have never ceded to any foreign power whatever, a right to dispose of either without their

consent.

"Resolved, N.C.D. 7. That these his majesty's colonies are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws.

"All and each of which the aforesaid deputies, in behalf of themselves and their constituents, do claim, demand, and insist on, as their indubitable rights and liberties; which cannot be legally taken from them, altered or abridged, by any power whatever, without their own consent, by their representatives in their several provincial legislatures.' I Journ. Cong. 28, 9.

"An Association was formed and signed by the members from the different colonies, beginning, 'We, his majesty's most loyal subjects, the delegates of the several colonies of New Hampshire,' etc., etc. 'And therefore we do for ourselves

and the inhabitants of the several colonies whom we represent . .

"The letter to the people of Great Britain was headed in the same manner, and signed by the delegates of the several colonies. I Journ. 32. So were their other letters and addresses at that time, 62.

"These proceedings cannot be mistaken in the distinct assertion, that all the powers of government were vested in the several provincial legislatures, subject only to the restraints mentioned in the fourth resolution. There was no state or nation, to which the several colonies stood in the same relation as the counties and towns of England did . . . The spirit and principles of this declaration were adopted by the colonies and congress. In October, 1775, congress, on the application of the provincial convention of New Hampshire, recommended them to call a full and free representation of the people, to establish such government as they thought proper, to continue during the dispute with Great Britain.. This was done in a convention of the people in January, 1776, by a constitution which remained in force till 1784; declaring the dissolution of all connection with the British government, and 'assuming that equal rank among the powers of the earth for which nature had,' etc.

"The royal government had ceased in South Carolina in September, 1775, under the recommendation of Congress in Nov. . . . the people of that state formed a constitution in March, 1776, which all officers were sworn to support, 'till an accommodation with Great Britain, or they should be released from its obligation by the legislative authority of the colony. . . .'

"In April, 1776, congress resolved 'that trade was subject to such duties and impositions as by any of the colonies, and such regulations as may be imposed by the respective legislatures,' etc., which resolution congress directed to be communicated to foreign nations.

"In May they resolved 'that every kind of authority under the crown should be totally suppressed, and all the powers of government under the authority of the people of these colonies

should be exerted. That it recommended to the respective assemblies and conventions of the united colonies, where no government sufficient to the exigency of their affairs hath been hitherto established, to adopt such a government, as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.

"On the 24th of June they declared, by their resolutions, 'that allegiance was due to the several colonies, that adherence to the King was treason against the colony within which the act was committed;' and recommended that laws should be passed for punishing treason.

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"In June the people of Virginia, in full convention, adopted a constitution; declaring that all power is vested in, and derived from the people, who have an indefeasible right to institute, reform, alter, or abolish government; that none separate from, or independent of that of Virginia, ought to be erected or established within the limits thereof; and that the government, under the British crown, is totally dissolved . This constitution remained unaltered till 1830. "On the 2d of July, 1776, the people of New Jersey, in convention, declared the authority of the Crown to be at an end; the royal government dissolved . . . and adopted a constitution, to become void on a reconciliation with Great Britain which is yet unchanged June 19th deputies from the cities and counties of Pennsylvania, approved the resolution of Congress passed in May; resolved that a convention be called to form a government on the authority of the people only; and declared, on the 24th, their willingness to concur in a vote of the congress declaring the united colonies free and independent states; provided, the forming the government, and regulating the internal police of the colony, be always reserved to the people of the colony

"As there never was any other political connection between the colonies, than such as resulted from their common origin, by separate charters from the crown, in virtue of the royal prerogative, and the general supremacy of parliament, which extended to all the dominions of Great Britain; it was a neces