Mr.Archibald Cary,Mr.Meriweather Smith,Mr.Mercer,Mr.Henry Us,Mr.Treasurer,Mr.Beaty,Mr.Dandridge,Mr.Edmund Randolph,Mr.Gilmer,Mr.Bland,Mr.Digges,Mr.Carrington,Mr.Thomas Ludwel Lee,Mr.Cabell,Mr.Jones,Mr.Blair,Mr.Flaming,Mr.Tazewell,Mr.Richard Cary,Mr.Bullit,Mr.Watts,Mr.Banister,Mr.Page,Mr.Starke,Mr.David Mason,Mr.Adams,Mr.Read,and Mr.Thomas Lewis."It is impossible to contemplate this proceeding on the part of Virginia,without being convinced that she acted from her own free and sovereign will;and that she,at least,did "presume"to establish a government for herself,without the least regard to the recommendation or the pleasure of Congress.
12.The language of the Supreme Court is very full in declaring that the colonies did not lose their sovereign independence of each other and become one people by virtue of the Declaration of Independence of Great Britain."No sovereignty did or could exist over them,unless that of Great Britain should be restored by a reconciliation;
which not happening,their Declaration of Independence,in their separate conventions,became absolute,and these States were independent,according to the universal opinion of the country,which is most clearly expressed in the language of this Court."(4Cranch,212,McIlvaine v.Coxe .),"The authority of this Court is respected,the Declaration of Independence is to the judicial mind what it is to the common eye,a proclamation to the world,by the separate States,assembled in Congress by their respective deputies,voting for and signing the instrument by States,a publication of their existing political condition,each as an independent State.""They declared these united colonies to be independent States,not one State,"(or country')16as the State of Great Britain.""Each declared itself sovereign and independent,according to the limits of their territory."
(Baldwin,74,15;12Wheaton,522,7.)In October,1776,Congress directed that every officer should swear,that "I acknowledge the thirteen United States of America,namely:New Hampshire,&c.,to be free,independent and sovereign States"The name of each of the thirteen States was named as a distinct sovereignty.(2Journal of Congress,400.)In November of the same year,Congress addressed a circular letter to the respective legislatures of the States,speaking of them as "so many sovereign and,independent communities,"and to each respective legislature it is recommended,'&c.
(1Laws U.S.,12,13.)How can such language be reconciled with the idea of Judge Story,that "the colonies did not severally act for themselves?"?[C.C.B.]
13.Commenting upon the separate independence of the States,Judge Baldwin says:"Such was the situation of the States and people,from 1770till 1781,when the several State legislatures made an act of Federation,as ALLIED SOVEREIGNS,Which was only a league or alliance."This confederation of 1781may be regarded as the actual date of the Union.Some of Its details were afterwards modeled,curtailed or extended,but the principle of allied sovereign States was never changed.?[C.C.B.]
14.That the Union in 1781was simply a league of separate sovereign communities,is sufficiently attested In Article III.of the Confederation:"The said States hereby severally enter into a firm league of friendship with each other for their common defence,the security of their liberties,and their mutual and general welfare,binding themselves to assist each other against all force offered to,or attacks made upon them,or any of them,on account of religion,trade,or any other pretense whatever."?[C.C.B.]
15.Taking the relation of the States to each other,as it exists under the Constitution,and as declared by this Court,in one uniform and consistent series of adjudication,from 6Cr.136,to 2Pet.590,1:that "the several States are still foreign to each other,for all but Federal purposes";their position an "a single unconnected sovereign power"before and without any confederation between them,is an inevitable consequence."(Baldwin,83.)"As the States are still foreign to each other,for all but Federal purposes,the United States could have neither a right of soil nor jurisdiction,propriety or dominion,within any particular State,but by a cession from the State by its legislature,or a convention of the people.**The Constitution is a cession of jurisdiction only,made by the people of a State,"(Baldwin,94.)But the United States must have the "consent of a State,"and "purchase from the owners of the soil it before it can build a post-office,custom-house,fort,dock-yard,or any other public structure.Thus the sovereignty of a State over its own territory has not been ceded by the adoption of the Constitution."By the treaty of peace with Great Britain,the powers of government,and the right of soil,which had previously been in Great Britain,passed definitely to these States."(8Wheaton,584.)"Then there could be no mode by which the United States could acquire either 'the powers of government,'or the 'right of soil'in any territory,but by a cession from the States.
And it was held by this Court,that the only territory which in fact belonged to the United Stated in 1787was acquired by the cession from Virginia."
