The morning call., 1894-04-03
EARLY FIGHT FOR FREEDOM.
Events Before the Declaration of
independence.
NEW ENGLAND CoNFEDERACY
Synopsis of a Further Able Exposi.
ton on Constitutional Law
at Palo Alto.

eLou lIl6 1OuItH lcCtuto III ulo Ou1AOh1
course yesterday to the students at the
Palo Alto University.
The following is synopsis of the lecture /:
The earlier attempts at union were upon the
basis OF a continued allegiance TO the King.
The first American confederation-the New
England Confederacy = took form IN l643.
Menaced by the French province OF Canada
and by the Dutch province OF New YORK, aud
threatened by near and strong tribes or In
dians, with no hope of aid from England, the
federation was natural and reasonable. Mas
sachusetts, New Plymouth, Connecticut and
New Haven comprised The union. Rhode
Island was excluded upon the objection OF
Massachusetts.
The name assumed was "The United Colonies
of New England" The league was described
as a ..frm and perpetual" one II was not
made dependent Oh the consent OF the King; an
indirect reference only being made 10 MIN IN
the articles. IT was "for mutual help ana
strength IN all our future conctTnmentSs Ills
expenses were appOruOned, and Its affairs man
aged by TWO commissioners from each colony,
six OF the eight being authorized 10 ACT Pro-
lection against unfriendIy HeignDOrs was not
the only purpose. TIL commission was author
ICED 10 take measures for preserving peace
among the colonies and preventing as much as
possible differences with others, aud for secur-
ing The "free and speedy passage OF justice IN
every Jurisdiction"
Through Tie Commissioners this union eXer-
cised the sovereign power OF war and peace.
and n gOtlatfd treaties with the indians, Tue
French and the Dutch. The provision for the
admission OF new members was similar to the
provision in the national constitution Tor The
admission Of new States An equal voice was
given TO each colony, as in the confederation OF
The thirteen colonies. This did not prevent
Massachusetts, however, from attempting TO
exert a superior influence. The contedefacy
was regarded with suspicion by the crown, and
the commits sOners OF Charles IL held That tile
union was violation OF The Kings pieTogatlVe.
New rtheless the advantage Of union from
royal standpoint was recognized; and in 1850
commission was form for the purpose OF
bringing the colonies INTO more certain, civil
and uniform government" James IL before
his deposition made an effort in this direction.
In 1896 the Lords of Trade and Plantations
resolved that I'VE humbly conceive that the
~ strength of the English There Qn America) can
not be made use of with that advantage II
ought for the preservation of these colonies,
unless they BE- united" In 1877, 1854 and
1880 Joint conferences of the colonies had been
held; and ilIIam Penn had also appeared be-
fore the Lords Of Trade with plan or union
OF the colonies, which provided for a congress
OF deputies for adjusting matters OF difference
between the colonies and disputes with foreign
enemies, 10 be presided over by me Ring
commissioner; and providing that in time of
war the Kings high commissioner should De
mandeT-in-chIel.
In 1896 Massachusetts proposed that the
Governor OF Massachusetts should be also the
Civil Governor of New York and New Hamp-
shire and general OF all the forces of the New
England colonies, New York and he Jerseys.
Lord BelomOnfS appointment as caDtaln-gen-
Jersey and New York in 1897, followed those
discussions The objects of these efforts on
The part of the crown we're 10 make more
effective use of the military resources OF The
colonies against The Kings enemies, and 10
weaken. by the institution OF stronger royal
government the local control Of the colOnlsts.
In 1921 another proposition for union was
made by the lords OF trade, and during the
whole period there were frequent COME ences
between the colonial Governors, between ap-
pointed delegates, and between the general as
Of IA colonies.
cussion and determination OF matters OF COM
mon interest.
-InI753 the lords OF trade directed the Gov
erflors of the provinces to appoint commission
ers TO confer and negotiate d treaty with The
Six Nations This has been described as the
second call for an American Congress, based
upen the principle of representation Dele
gallons from Massachusetts, New Hampshire
Connecticut, Rhode Island. Pennsylvania,
Maryland and New York met al Albany in
1854. 1t was resolved that a union OF the colo
MES was necessary, and committee was APP
pointed to examine the plans offered and 10
A plan prepared by Benjamin Franklin was
submit ted. Some OF It's provisions were the
same as those afterWaId adopted in thr
national constitution. II provided for general
government which should act directly upon the
people. Among The powers granted was that
Ito make laws. and lay and levy such general
duties impostS or taxes as To them shall an
pear most equal and just, considering the abil-
fly and other circumstances OF tue Inhabitants
The PROPOSE ion was premature. franklin
said of ITS rejection: THE crown disproved of
II as having 100 much weight In the democratic
part of The constitution, and every assembly
ashaying allowed too much 10 prerOgat1ve, so
il was totally rejected" The failure of all
these efforts of te crown was caused partly by
The Tact that they involved The broad admission
ofthe power Of Parliament to leglslate Tor the
colonies.
From this time forward efforts at union were
confined To The colonies, and were caused not by
n,st,.A FI.a Ind f1n hFrF nf Rfr
land. Engahd's interests in union ceased, but
THAT OF the counists increased. The passa ge
Of OdInus laws by Parliament and its assume
tlOn OF supreme power TO legisiate for the
colonies, resulted III the Congress OF 1865,
which was not To form union but to join III a
demonstration against grievances complained
CT
The Union began with the Continental Con-
~gress OF IVA, and has continued 10 This hour
The powers OF this COngie Ss are TO be gathered
from the credentials of the delegates from the
Colonies Most OF these EXPRESSED desire 10
-ad Just matters upon HARMONIOUS basis with
England, but called for the recovery and eStab-
lishmeHt Of the just evil aud religious rights of
th.colousts. The credentials from ConDecti-
cut were broad: ITO consult aud advise with
the commissioners or committees of the several
English colonies IN America on proper meas
ures for advancing the best good OF The colo
MES"
= One vote was allowed to each colony In the
congress. ''the Congress not being possessed Of
Or AT present able 10 procure proper materials
Tor aSceTLdlhluH the Importance OF tdcn COZ
Ohy." Mr.. Story says That this Congress eXer-
clsed de iacto and de lure, a'sovereign author
iiY; not as tile delegats agents OF The govern
~ments of The colonies de facto. but in virtue of
original powers derived from the people" 1t
!, stated the rights ard grievances of the col
onies, prepared petitions and resolved against
the Importation OF British goods aud the ex
purtalion of merchandise to Great Britain
Articles of agreement were signed and com
DeTcial rel aliation nauguEated.
The Congress OF 1775 was principally chosen
by conventions of the people. Upon assem-
bling a stale of war was accepted a CONT
mental army organized and Washington COM
'missiOned as commander-in-chlef. This Con-
gress authorized The issuing OF bulls of credit,
framed articles Of war, created a general post
Office apportiOned the cost of The war. organ
lied a navy, and recommended The organization
OF State governments.
The next important step was the Declaration
of independence.
Union preceded independence. and was rec
oeniZed by every American 10 be 4 necessary
antecsdent. Independence was declared by
.ahe ueople OF the United Colonies; achieved
by the arms OF the people of the United
Sfates" and confirmed BY treaties signed by
the ambassadors OF The United States. The
Stale governments were organized IN The Union
and as part OF Ii. No State was ever iDde.
pendent except as constituent part OF free
nation. Independence was "a Impossible Ia
the individual colony after yorktown a. before
Bunker Hill. Union was rs essential 10 the
'permanence as 10 tie procurement OF lnde-
pendence AS 10 the Declaration OF lndepend-
ence, Story says: 1T was an act OF original,
Inherent sovereignty by The people them