administrative board during this epoch, was a diet of envoys from Sovereign States. It had no power to act on individuals. It could not command the States. It could move only by requisitions, and recommendations. Its functions were essentially diplomatic, like those of the States General of the old Dutch Republic, like those of the modern Germanic Confederation. We were a league of petty Sovereignties."

This is quite enough of this article just now. I quote from him no further for the present. We may have to refer to other portions of his article again on another point as we advance. Mr. Motley, in that portion which I have quoted, fully admits and distinctly asserts that the first "Union" was "a Union" of States. Of Sovereign States. So much by way of setting off one of these high authorities against the other.

Now what I have to say in reply to Judge Story's ar gument, is, that it would be conclusive of the question if it were sustained by the facts; but being so directly in opposition to the great unquestionable facts of our history -facts which Mr. Motley could not venture to gainsay -facts as well established as that America was discovered by Columbus, or that the colonies were subject to the British Government at the time of their Declaration of Independence-it is utterly untenable.

JUDGE BYNUM. Do you question his facts?

Mr. STEPHENS. Some of them I most certainly do. Indeed, all of them, every one of them, that has any material bearing upon the question in issue. I do not question the fact that the Colonies, under their Charter Governments, were not Sovereign, or that they never pretended to be Sovereign, or that they did not claim a local allegiance. What has that to do with the question? Nor do I dissent from the statement that the Declaration

66

of Independence was not made by these Charter Governments, nor that they were not competent or authorized to adopt it. No truth is better established than thatbut what has that to do with the question? That the Declaration of Independence was entirely revolutionary in its character is also true. All admit it. The Declaration was made with a view to overthrow these very Governments, as they were then administered, and the authority of the British Crown, under whose auspices they had been established, or by which they were then attempted to be controlled. What need had Judge Story to state this fact in the line of his argument? I do most fully agree with him also where he says that those Charters neither contemplated the case or provided for it. It was an act of " original inherent Sovereignty by the people themselves, resulting from their right to change the form of Government, and to institute a new Government, whenever necessary for their safety and happiness." This I fully agree to. But this was done by the Paramount authority of the people of each Colony respectively for themselves. The Declaration itself was made by the people of each Colony, for each Colony, through representatives acting by the Paramount authority of each Colony, separately and respectively. The Declaration of Independence was, in this way, a joint act of all the Colonies, for the benefit of each severally, as well as for the whole. The Congress that made it was a Congress of States. The deputies or delegates from no State assumed to vote for it until specially instructed and empowered so to do. Massachusetts had instructed and empowered her delegation so to act as early as January before; South Carolina in March; Georgia in April; North Carolina in April; Rhode Island in May; Virginia in May; New Hampshire in June; Connecticut in June;

New Jersey in June; Maryland in June; Pennsylvania and New York were the last. The powers and instructions from these States did not arrive until after the 1st day of July, which caused a postponement of final action of the Congress on the Declaration until the 4th day of that month, when, full powers being received from all the States, it was then, after being voted upon by States and carried by States, unanimously proclaimed by all the States, so in Congress assembled.* The Declaration of Independence was, be it remembered, voted upon and carried by States, and proclaimed by and in the name of States.

This is the true history of the matter. But the stateinent adopted by Judge Story, of the reported remarks of Mr. Pinckney of South Carolina, is even more extraordinary still.

This statement is, "that the separate independence and individual Sovereignty of the several States were never thought of by the enlightened band of patriots who framed this Declaration."

That these men did look forward hopefully for a continued Union of the States, under a Compact to be formed securing the Independence and Sovereignty of each, I do not doubt; but that they did not then consider each as an Independent Sovereign power, is wholly at variance with all the attending facts. The very Declaration itself shows this conclusively without going farther into a detail of these facts. The very title shows how it was made. Here it is: "In Congress, July 4th, 1776, the unanimous Declaration of the thirteen United States of America." It was the Declaration of States in Congress

* Bancroft, vol. viii, pp. 449, 450, 475; Elliot's Debates, vol. i, p. 60; Curtis's His. Cons., vol. i, p. 51.

Sc Appendix A.

assembled, by their deputies, empowered by the Paramount authority of each, to make it. The Declaration was not that they were to be one State, as New Hamp shire had instructed her representatives to make it, but, in their own language, "thirteen free, Sovereign and Independent States." This was in strict accordance with the instructions of their constituents. The people of the several Colonies would not consent for a Declaration to be made in any other way. This appears from the instructions of all the Colonies or States except New Hampshire. In their several instructions and powers for the Declaration of Independence, were instructions and powers for forming a Confederation of Independent States.† So universal was this sentiment, that Richard Henry Lee's first motion for the Declaration of Independence, early in June, was not only for Independence, but farther-for "a plan of Confederation, to be prepared and transmitted to the respective Color es for their consideration and approbation."

The plan for a Confederation of separate Independent Sovereign States, was moved in the very resolution which Bancroft, vol. viii, p. 438. † Bancroft, vol. viii, pp. 378, 437. Bancroft, vol. viii, p. 389.

*

The following contains the instructions and powers given by Maryland to her deputies in Congress :

We, the Delegates of Maryland, in Convention assembled, do declare that the King of Great Britain has violated his compact with this people, and that they owe no allegiance to him. We have, therefore, thought it just and necessary to empower our Deputies in Congress to join with a majority of the United Colonies in declaring them free and independent States, in framing such further Confederation between them, in making foreign alliances, and in adopting such other measures as shall be judged necessary for the preservation of their liberties :

"Provided, the sole and exclusive right of regulating the internal polity and government of this Colony be reserved to the people thereof. We have also thought proper to call a new Convention for the purpose of establishing a Government in this Colony."

proposed the Declaration of their Independence. And subsequently, on the 24th of June, 1776, the Congress declared, by resolution, that "all persons abiding within any of the United Colonies and deriving protection from the laws of the same, owed allegiance to the said laws, and were members of such Colony; and that all persons passing through, or making a temporary stay in any of the Colonies being entitled to the protection of the laws, during the time of such passage, visitation, or temporary stay, owed, during the same, allegiance thereto.*

Hence, with these views and objects, after enumerating the causes which induced the people of each Colony, as a separate political body, or one people, to take the course they did, this unanimous Declaration of the thirteen United States, was in these words: "We, therefore, the Representatives of the United States of America in General Congress assembled (that is of the States thus united in Congress assembled), appealing to the Supreme Judge of all the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these Colonies, solemnly publish and declare, 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 connection between them and the State of Great Britain is, and ought to be, totally dissolved; 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. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor."

* Journals, ii. 216; Curtis's History of the Constitution, vol. i, p. 52.