gress exercised them, and because they were sustained in so doing by the approbation of the several colonies or states, whose representatives they were. Surely, then, our author was neither very accurate nor very candid, in so stating this decision as to give rise to the idea that, in the opinion of the supreme court, congress possessed original sovereign powers, by the consent of "the people of the United States." Even, however, if the court had so decided, in express terms, it would have been of no value in the present enquiry, as will by-and-by be shown.
The examination of this part of the subject has probably been already drawn out to too great an extent; but it would not be complete without some notice of another ground, upon which our author rests his favorite idea—that the people of the colonies formed "one people," or nation. Even if this unity was not produced by the appointment of the revolutionary government, or by the nature of the powers exercised by them, and acquiesced in by the people, he thinks there can [ *37 ]*be no doubt that this was the necessary result of the declaration of independence. In order that he may be fully understood upon this point, I will transcribe the entire passage relating to it.
"In the next place, the colonies did not severally act for themselves, and proclaim their own independence. It is true that some of the States had previously formed incipient governments for themselves; but it was done in compliance with the recommendations of congress. Virginia, on the 29th of June, 1776, by a convention of delegates, declared 'the government of this country, as formerly exercised under the crown of Great Britain, totally dissolved,' and proceeded to form a new constitution of government. New Hampshire also formed a new government, in December, 1775, which was manifestly intended to be temporary, 'during (as they said) the unhappy and unnatural contest with Great Britain.' New Jersey, too, established a frame of government, on the 2d July, 1776; but it was expressly declared that it should be void upon a reconciliation with Great Britain. And South Carolina, in March, 1776, adopted a constitution of government; but this was in like manner 'established until an accommodation between Great Britain and America could be obtained.' But the declaration
