order during the continuance of the dispute between Great Britain and the colonies. This advice manifestly contemplated the establishment of provisional governments only. This was in November and December, 1775.

But the question of separation began to be discussed. On the twenty-second of April, the convention of North Carolina empowered their delegates in Congress "to concur with those in the other colonies in declaring independency. This, it is believed, was the first direct public act of any colonial assembly or convention in favor of the measure." On May 15th, the convention. of Virginia went further, and unanimously instructed their delegates in Congress "to propose to that respectable body to declare the United Colonies free and independent States, absolved from all allegiance or dependence upon the crown or parliament of Great Britain." In accordance with these instructions, Richard Henry Lee, one of the delegates from Virginia, submitted a resolution declaring that the United Colonies are and ought to be free and independent States; that they are absolved from all allegiance to the British crown; and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved." This was on the seventh of June. On the next day it was debated in committee of the whole.

"No question of greater magnitude," says Mr. Pitkin, was ever presented to the deliberation of a deliberative body, or debated with more energy, eloquence, and ability.""

The resolution was discussed again in committee of the whole on the tenth, and adopted. The committee recommended that the farther consideration of the resolution be postponed till the first of July, but meanwhile that a committee be appointed to draft a decla

ration of independence. This committee consisted of Thomas Jefferson of Virginia, John Adams of Massachusetts, Benjamin Franklin of Pennsylvania, Roger Sherman of Connecticut, and R. R. Livingston of New York.

The postponement was immediately followed by proceedings in the colonies, most of which either instructed or authorized their delegates in Congress to vote for the resolution of independence; and on the second day of July that resolution, which had before been agreed to in committee of the whole, was adopted by Congress itself. The committee who had been instructed to prepare the declaration, had reported on the twenty-eighth of June, and on the fourth day of July that paper was adopted.

After citing reasons for the dissolution of the political bands which had connected them with Great Britain, the Declaration concludes: "We, therefore, the Representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name, and by 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."

This was the beginning of the nation. Whether it could maintain its independence, thus boldly declared, was to be decided by the sword. Should the people fail in the bloody struggle, they would never be known as a nation upon the page of history. Should they succeed, their national existence would date from the fourth of July, 1776.

This Declaration of Independence was not the work of States, for no States existed. It was the people of the thirteen United Colonies who had through their representatives declared themselves absolved from their allegiance to Great Britain. The nation and the States

were born on the same day. Hitherto, there had been colonies and the mother country, to which all the colonists acknowledged allegiance. Now, the sovereignty was no longer in Great Britain, but in the people themselves, who claimed to be a separate political community; and the individual colonies had become States. From that day the nation itself, through Congress, exercised all the functions of government. There was a real government, though as yet no written constitution; and the relations of the States to the general government were in substance the same as they are now.

CHAPTER III.

THE ARTICLES OF CONFEDERATION—THEIR FAILURE-THE CONVENTION TO FORM A CONSTITUTION.

SOON after the Declaration of Independence was made, a committee, previously appointed, reported a draft of the Articles of Confederation. These were debated from time to time, and, after several modifications, were finally agreed to by Congress, November 15, 1777. They were to become binding when ratified by all the States. Ten States ratified them in July, 1778; New Jersey, November 26, and Delaware, February 22, 1779. Maryland withheld her approval till March 1st, 1781.

This was nearly five years after the Declaration of Independence. During this time, the war had been carried on and all the affairs of the nation had been conducted, by Congress. A treaty had been made between France and the United States, which was concluded at Paris, February 6th, 1778, and ratified by Congress May 4th of that year. The surrender of Cornwallis, which virtually closed the war, took place on the 17th of October, 1781, about six months after the adoption of the Articles of Confederation. The successful prosecution of the War of the Revolution could not, then, have been owing to the influence or efficacy of these Articles. On the contrary, there is good reason to believe that, had these Articles been adopted in 1776, the final result would have been very different from what it was.

These Articles were as erroneous in theory as they were inefficient in practice. The Declaration of Independence was made in the name of the people of the

United States. The first sentence alludes to them as "one people" that had found it necessary to dissolve the political bands which had connected them with another people, and to assume among the powers of the earth the separate and equal station to which they were entitled. The Constitution speaks the same language: "We, the People of the United States, do ordain and establish this Constitution for the United States of America."

But the Articles of Confederation do not purport to come from the people. They were the work of the States. The instrument is styled "Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay," etc. It was drawn up and adopted by Congress, and sent to the States for ratification. Being thus the work of the States, and not of the people, we are not surprised at the declaration in it, that "each State retains its sovereignty, freedom, independence," etc.

The Articles contained much that was good, and some things not good; and much was omitted which was essential to a Constitution. It provided for one House of Congress, to be composed of delegates appointed annually by the several States, as each should direct, no State to be represented by more than seven or less than two, and no person being capable of serving as a delegate more than three years in six. Each State was to pay its own delegates, and could recall them at pleasure. The voting was to be by States.

Congress was invested with power as to war and peace, treaties and alliances. Congress could decide, on appeal, disputes between States, could regulate the alloy and value of money, had charge of all postal matters, etc., etc.; but no important action could be taken without a vote of nine States-two-thirds of the whole.

No Executive Department was provided, and no