bargo was earnestly desired by them, but was denied by the States. And in order the more clearly to indicate that many of their powers were exercised merely by sufferance, and at the same time time to lend a sanction to their authority so far as they chose to allow it, it was deemed necessary, by at least one of the States, to pass laws indemnifying those who might act in obedience to the resolutions of that body.[1]
A conclusive proof, however, of the true relation which the colonies held to the revolutionary government, even in the opinion of congress itself, is furnished by their own journals. In June, 1776, that body recommended the passing of laws for the punishment of treason; and they declare that the crime shall be considered as committed against the colonies individually, and not against them all, as united or confederated together. This could scarcely have been so, if they had considered themselves "a government de facto and de jure," clothed with "sovereign authority." The author, however, is not satisfied to rest his opinion upon historical facts; he seeks also to fortify himself by a judicial decision. He informs us that, "soon after the organization of the present government, the question [of the powers of the continental congress] was most elaborately discussed before the supreme court of the United States, in a case calling for an exposition of the appellate jurisdiction of congress in prize causes, before the ratification of the confederation. The result of that examination was, that congress before the confederation possessed, by the consent of the people of the United States, sovereign and supreme powers for national purposes; and, among others, the supreme powers of peace and war, and, as an incident, the right of entertaining appeals in the last resort, in prize causes, even in opposition to State legislation. And that the actual powers exercised by congress, in respect to national objects, furnished the best exposition of its constitutional authority, since they emanated from the people, and were acquiesced in by the people."
There is in this passage great want of accuracy, and perhaps some want of candor. The author, as usual, neglects to cite the judicial [ *34 ]*decision to which he alludes, but it must be the case of Penhallow and others against Doane's
- ↑ This was done by Pennsylvania.—See 2 Dallas, Col. L. of Penn. 3.
