ing it as I did to the Articles of Confederation, as well as to the Articles of the present "Union," whatever they may be. The first was a fundamental law as long as it lasted as much as the other.

MAJOR HEISTER. No farther authority, I think, is necessary. The Professor, from the expression of his countenance, seems to be gracefully giving it up.

MR. STEPHENS. Well, then, if the old Articles of Union were a Constitution, the new Constitution is but new Articles of Union between the same parties; unless the new Constitution changes fundamentally the character of "the Union" then existing between them. The bare change of name, of course, does not affect any change of substance.

Preliminaries being settled thus far, let us proceed with the historic sketch, which I said was necessary for a clear understanding of the subject.

Thirteen of those bodies now known as States of "the Union," were originally, or before the date of our common history, Colonies of Great Britain.. Some of them were known as Provincial Colonies, some Proprietary, and some Charter Colonies, but all Colonies of Great Britain. These thirteen Colonies were New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, and Georgia. These were all distinct political organizations, having no connection whatever between each other, except that the inhabitants of all were common subjects of the Government of Great Britain. They were all planted at different times, and had different forms of government; that is, the Constitutions or Charters of no two of them were alike, though all were founded upon the representative principle. They were all free Democratic Governments. The Charter of

the Virginia Government was the oldest; it dates back to 1606. The charter of the last of these Colonies was that of Georgia; it was granted in 1732. These Colonies, as stated, were all separate and distinct political bodies, without any direct permanent political connection between them until 1774. It is true, in 1643, a Convention or Union of some sort for their own mutual protection, was formed between two or more of the New England Colonies, a name given to all those lying East of New York, which lasted until 1683-4,* when it was dissolved by the abrogation of their original charters by the British Government. No farther notice, therefore, for our present object need be taken of that "Union" or its character. Subsequently, in 1754 and 1765, attempts were made by certain Colonies to form some sort of a general Union or Confederation of all these Colonies for their better protection, in combined efforts against the Indians, as well as for joint consultation between themselves on questions of policy adopted by the mother country touching their common interests. These efforts failed. No Union of any sort resulted from them. The last and successful effort was made in 1774. This was at the instance of Virginia. This was after what is known as the Boston Port Bill passed the British Parliament, and after the act of Parliament again changing the Charter of the Massachusetts Colonial Government, and against her consent. These measures awakened a profound sensation in all the Colonies, though the blow was aimed directly at one of them only, yet they all saw that the principle involved the rights and liberties of each severally. Virginia appealed to all to send up delegates to a General Convention or Congress, for joint consultation

Bancroft's History United States, vol. ii, p. 127.

and concert of action. Mr. Webster once said that the American Revolution was fought on a Preamble-on the Preamble of the act of Parliament, which, while it reduced the tax on tea to a nominal amount, yet declared the right of the British Parliament to tax the Colonies in all cases whatsoever. This statement has in it much more of the exuberance of a figure of rhetoric than the exact accuracy of historical statement. The first moving cause which aroused all the Colonies to that concert of action which ended in the Revolution, was the direct assault of the British Government upon the chartered Rights of Massachusetts. This, and not the tax on tea, or what was contained in the Preamble to that act, is what caused the Colonial Legislature of Virginia to pass an order appointing a day for fasting, humiliation and prayer, to implore the Divine interposition for averting the heavy calamity which threatened their civil rights, and which caused them, when dissolved on account of this Resolution by their Royal Governor, to call for a Congress of all the Colonies.+

It was then that the cry went up, from the St. Croix to the Altamaha, "the cause of Boston is the cause of all." The violation of the chartered rights of Massachusetts, prompted the call for a general Congress. This was the moving cause. This appeal, made by Virginia, was responded to by the Colonies generally. The result was the assemblage of deputies from twelve Colonies, which met at Philadelphia on the fifth of September, 1774. This is the first Convention or Congress of the Colonies from which the present "Union" sprung. The first thing settled in this Congress was the nature of its

*Curtis's History of the Constitution, vol. i, p. 6.
† Id., vol. i, p. 11.

own character and organization. It was determined to be a Congress of separate, distinct political bodies. In all its deliberations each Colony was to be considered as equal, and each was to have an equal vote and voice upon all questions coming before it, without reference to the number of delegates sent up by the respective Colonies; for the object of all was the defence and preservation of what was claimed to be the inalienable right of each.*

This Congress, so organized and so constituted, after making a declaration of the indefeasible Rights of all the Colonies, made several recommendations to the Governments of the Colonies respectively, as to the course which should be adopted by them in common, for a redress of the wrongs of each in particular. After this action, this body was dissolved, with a recommendation to the Colonies to

* Elliot's Debates, vol. i, p. 42, et sequens. The object of the meeting of this Congress may be seen from some of the powers conferred on their delegates in several of the Colonies :

VIRGINIA: "To consider of the most proper and effectual manner of so operating on the Commercial connection of the Colonies with the Mother country, as to procure redress for the much-injured Province of Massachusetts Bay, to secure British America from the ravage and ruin of arbitrary taxes, and speedily to procure the return of that harmony and union so beneficial to the whole empire, and so ardently desired by all British America."

MARYLAND: "To attend a General Congress to assist one general plan of conduct operating on the Commercial connection of the Colonies with the mother country, for the relief of Boston and the preservation of American Liberty."

SOUTH CAROLINA: "To consider the acts lately passed, and bills depending in Parliament with regard to the Port of Boston and Colony of Massachusetts Bay; which Acts and Bills, in the precedent and consequence, affect the whole Continent of America. Also the grievances under which America labors, by reason of the several acts of Parliament that impose taxes or duties for raising a revenue, and lay unnecessary restraints and burdens on trade, etc." The defence of the rights of Massachusetts was a leading object with all. Note on page 21 of Judge Upshur on the Nature of the Federal Government.

meet in Congress again by deputies, on the tenth of May, 1775. The Colonies did accordingly send up deputies to another Congress as recommended, which assembled on the tenth of May, 1775, as recommended. All the thirteen Colonies, above stated, were represented by delegates in this Assemblage. This is the Congress by which the first permanent "Union" between the Colonies was formed. At first, as their predecessor, they adopted various measures and recommendations for the relief of grievances, which failing, they came to the conclusion finally, on the fourth day of July, 1776, that the only hope for the inalienable as well as chartered liberties of each was for all to throw off their allegiance to the British Crown and to declare their separate Independence of it. This is the Congress, or body of men, that formed the Articles of Confederation to which you referred, and which Mr. Curtis styles, as I have shown, the first written Constitution of the United States. This was the first "Union." And after this brief historical review, with these further preliminaries settled, I proceed to assert, as a matter of history, that the former "Union," or "the Union" under the Articles of Confederation, the first Constitution, was a "Union" of separate, distinct, Sovereign and Independent States. In other words, that the thirteen States, formerly British Colonies, after they asserted their Independence as Sovereign States, entered into "a Union" as separate Sovereignties, and that it was a Union of States, as States. This "Union" was formed in 1777, during the common struggle of all the States for the separate and several Independence and Sovereignty of each. Eleven States, to wit: New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, New Jersey, Virginia, North Carolina, South Carolina, and Georgia, ratified that "Union" in the year 1778.