Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1865-02-04
AsHTABULA O., SATURDAY MORNING. FEBRUARY 4 1865

assembled in Philadelphia in TIA, to prey
Tor q redress Of grievances. That body
expressly admitted that the sovereignty o.
the colonies was lodged 10 the Crown o
Great Britain. II has been taught by JAY
and Story, and has been so decided by th,
Supreme Court Of the United State.
| III On The 4th Of July, l7T6, the sover
eighty was Withdrawn. from the Britsl
Gown. by the whole Of the colonies, ant
lodged in the revolutionary Congress. NJ
colony declared itself free and independent
Neither Virginia, New York, nor Mass
achusetts declared itself free and independ
ent Of the Crowua of Great Britain. The
declaration was made, not even by all ibt
colonies as colonies, but in the name and by
ihe authority of the good people Of the
colonies, as one people.
In the following memorable declaration
the sovereignty was transferred from the
G, own of Great Britain to the people OF
| the colonies: .U 4al . rs4s ...I
We, therefore, the representatives OF the
United States Of America, in General Congress
assembled appealing to the Supreme Judge oi
of the world for the rectitpde Of our inten-
tons, do, u and by the authority OF the good
people OF these colonies. tolemnly publish and
declare that these United Colonies are, and oi
right ough, to be. free and independent States ;
that they are sbsslved from all allegiance
to the British Crown, and that all political
connections between them and the State OF
Great Britain is and ought TO be. totally dissol-
we'd and that as free and independent States
they have full power 10 levy war; conclude
| peace, contract alliances establish commerce,
and to do all other acts and things which Jude
peudent states may Of right do" -tsso,.l
In viBdication of this view / read from
the 10Th pnge7of the frst volume Of Jus.
tice So.y's Commentaries L8 q5ae eer
THE colonies did not severally act for them.
selves and proclaim their o@n independence. -
| lts true that some of the States had previous.
| ly formed incipisBt governments for themselves,
but it was done in compliance with the recou,-
mendatioD OF fcongress" "a
r1he declaration of the independence OF the
colonies was the united act of all. II was a
'declation by the representatives of the United
States of America in Congress assembled by
the delegates appointed BY The good people OF
the colonies, as 10 prior declaration OF rights
as they were allied 1t was not an act done by
the state governments then organised nor by
persons chosen by them. Il was emphaticslly
the act of the whole people of the U. States,
by the nstrumsntaty Of their representatives
chosen for that, among other purposes. 1t was
an act not competent 10 the state governments,
or any Of Them, as organised under the charters
to adopt Those charters peither eontemplat-
ed the case or provided for it. 1t was an act OF
original inherent sovereignty by the people
themselves, resulting from their right to change
the form of government and to institute new
government whenever necessary for their safety
and bappicess. So the Declaration of lnde-
pendeDce treats it.. No state had presumed
OF itself 10 form new government or 10 pro-
vide for the exigencies OF the times, without
consulting Congress on the subject. and when
they acted, 1t was in pursuance OF the recon-
incubation Of congress. 1t was. therefore, the
achievement Of the whole for the benefit OF the
whole. THE people Of the United Colonies
| made the United Colonies free and indepeud-
en-, States aud absolved them from all allegiance
to the British Crown The Declaration Of In-
dependence has accordingly always been treated
as an act Of paramount and sovereign authority
complete and perfect. per Sc and ipso fdcto
working an entire dissouti' OF a political
connections with an allegiance to CT. Britain.
And this not merely ss practical fact, but in
legal and constitutional view Of the matter by
courts Of justice. t ''a
When these people Of the colonies be
came free, having Withdrawn the sovereign
ty from the Grown of Great Britain, where
did they lodge 7 Not in the States but
so far as they delegated it ct all, they lodg.
ed it in the revolutionary Cougress tneu
sitting in Philadelphia My colleague dis
sens. / ask bis attention again TO III,
language of this distinguished commentato
on page 200 Of the sane volume
"The next place. we have seen that the pow
er to do this act was not derived from thu
State governments. nor wss it done generally
with their co operation. The question ther
naturally presents ITSELF ifit is to be considered
as national act, in what maaner did the colo
nies become a nation, and in what manner
did Congress become possessed OF this national
power 2 The true answer must be that as soou
rs congress assumed powers and passed meas
urss which were in their nature national. to
that extent the people from whose aequiescencs
and consent they took effect must be considered
as agreeing t, form nation. y.
Mr.. Pendleton-I desire 10 ask my col
leage fIom what power the delegates wht
sat in that congress derived their aulhorit
TO make the declaration whether the,
did not derive it from the colonies. or state
if the gentleman prefers that word; an,
whether each delegate did not speak in th
cobgress for the state government that au
thorized him 10 speak there I
Mr.. Garfield say, in snswer to III
point made by the gentleman, as hay
already said, aud in the language of th
distinguished commentator. that the IN,
aent the revolutionary Congress assume
national pref iogatives. and The people b
, their silence, consented, that moment Il
!, people OF the colonies were constituted
nation. and that revolutionary congress b
came The authorized Government Of th
! nation. But the declaration was mad
+ "by the sulb boti,yaof the people," and her
. it was their declaration. ss8-- s3d l-
Mr.. Pendletoa-Will the gentlerIa
permlt sne to ask bin whether ftom ths
! moinent they became ihe representative
OF the na,ion, OF whether they siil feta'i
{ ed their position as the representatives.
, the States Z afs % ar1'f' -'ll hf" .Ho
Mr. Garfield They were both. The
!, were still Representatives OF the states, bu
: 4 he M NJ f,nction was added Of national n