l Convention.--Resolution of Congress.--Action of the
Several States.--Conclusions drawn therefrom.
When certain American colonies of Great Britain, each acting for itself,
although in concert with the others, determined to dissolve their
political connection with the mother-country, they sent their
representatives to a general Congress of those colonies, and through
them made a declaration that the Colonies were, and of right ought to
be, "free and independent States." As such they contracted an alliance
for their "common defense," successfully resisted the effort to reduce
them to submission, and secured the recognition by Great Britain of
their separate independence; each State being distinctly recognized
under its own name--not as one of a group or nation. That this was not
merely a foreign view is evident from the second of the "Articles of
Confederation" between the States, adopted subsequently to the
Declaration of Independence, which is in these words: "Each State
retains its sovereignty, freedom, and independence, and every power,
jurisdiction, and right, which is not by this Confederation expressly
delegated to the United States in Congress assembled."
These "Articles of Confederation and Perpetual Union between the
States," as they were styled in their title, were adopted by eleven of
the original States in 1778, and by the other two in the course of the
three years next ensuing, and continued in force until 1789. During this
period the General Government was vested in the Congress alone, in which
each State, through its representatives, had an equal vote in the
determination of all questions whatever. The Congress exercised all the
executive as well as legislative powers delegated by the States. When
not in session the general management of affairs was intrusted to a
"Committee of the States," consisting of one delegate from each State.
Provision was made for the creation, by the Congress, of courts having a
certain specified jurisdiction in admiralty and maritime cases, and for
the settlement of controversies between two or more States in a mode
specifically prescribed.
The Government thus constituted was found inadequate for some necessary
purposes, and it became requisite to reorganize it. The first idea of
such reorganization arose from the necessity of regulating the
commercial intercourse of the States with one another and with foreign
countries, and also of making some provision for payment
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