Constitutional History of the United States As Seen in the Development of Amer
Constitutional History of the United States As Seen in the Development of Amer
Thomas Mcintyre Cooley
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" No, " we are told, " because the Declaration of Independence was not the work of thirteen sepa- rate colonies, each acting in an assumed sovereign ca- pacity, but of the United Colonies acting in a national capacity through their delegates in Congress assembled. " I need hardly point out how expressly this theory is con- tradicted by the language of the Declaration of Inde- pendence : " We, therefore, ... In the name and by the authority of the good people of these colonies, solemnly publish ...and declare, that these United Colonies are, and of right ought to be, FREE AND INDEPENDENT States " ; not a free and independent State, or Nation, or Union, or Confederacy, but free and independent States. And pursuant to this declaration of the individual inde- pendence of the colonies, the separate States proceeded, each for itself, each in its own time and way, to form and adopt separate constitutions of government, separate State organizations, separate State governments. It is true that these free and independent States continued to act to- gether under the Articles of Confederation as they had before acted together in what was styled the " Congress of the Delegates Appointed by the Good People of these Colonies " ; but under the Articles of Confederation adopt- ed at Philadelphia, July 9, 1778, it was placed in the fore- front of the declaration of confederacy, that — " EACH State retains its Sovereignty, freedom, and Indepen- dence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled.
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