126 WISCON'SIN" ACADEMY SCIENCES, AETS, AND LETTERS 



ilton, Jay, Marshall, Story and Webster is claimed for this theory. 

 I do not think, however, that Marshall and Webster can fairly be 

 cited as its adherents. Mr. Pomeroy has given no citations in sup- 

 port of his view, and on the other hand both these jurists have ex- 

 pressf^d themselves unequivocally in favor of the original sovereignty 

 of the States. Webster says, of the Confederation : "it was a league, 

 and nothing but a league."* Chief Justice Marshalls' language is: 

 "it has been said, that they [the States under the Confederation] 

 were sovereign, were completely independent, and were connected 

 wiih each other only by a league. This is true.^'f 



Admitting, therefore, that the one theor}'^ has in its behalf the 

 authority of Jay, Hamilton, Story and Kent, the other has the 

 equally high authority of Marshall, Madison and Webster. We 

 may. therefore, where authorities disagree, proceed to examine the 

 arguments with perfect freedom from bias. The question is emi- 

 nently an historical one — that is, a question of facts, not of theory. 

 Sovereignty being the supreme power to command, it is simply a 

 question of fact what organization was found in possession of 

 this power, when it ceased to be exercised by Great Britain. 



It requires no argument to show that before the Revolution the 

 colonies were absolutely dependent upon Great Britain; whatever 

 powers of government they severally possessed was in virtue purely 

 of sufferance or explicit grant, on the part of the mother country. 

 It is equally clear that the colonies were connected with one an- 

 other by no organic bond. There was no government of the united 

 colonies; each colony had its own government; and if sometimes^ 

 for the convenience of administration, two or more colonies were 

 united under the same royal governor, this was simply an adminis- 

 trative union — one official managing two independent governments, 

 at a time, not a single government resulting from the fusion or 

 union of two individual ones. There were thirteen organized com- 

 munities, standing in a condition of coequal deppndence upon the 

 government of Great Britain. This tie of dependence was severed 

 by the Declaration of Independence, July 4, 1776, sustained, as this 

 act was, by armed force. 



Two points fall here under consideration: first, the power which 

 severed the tie; second, the logical effects of the act of severance 



^Speech on " The Constitution not a Compact,''" Works, iii. 454. 

 fOgden vs. Gibbons, 9 Wheaton, 187. 



