As early as May in the year 1637, steps were taken towards an alliance between Plymouth and Massachusetts colonies. In August of the same year, another movement was said to have taken place between Connecticut and New Haven. These failed of success, as did others subsequently taken.

In the year 1642, however, a common danger from the French, the Dutch and the Indians had the effect of bringing about the first actual confederation of the united colonies of New England. The same question which defeated former attempts was the chief obstacle in the way of accomplishing the union, namely: the relative voting power of each one in the general assembly; the larger colony of Massachusets not being satisfied with an equal vote, and the smaller colonies insisting upon an equal voice.

This matter was, however, finally adjusted, and the assembly adopted an organic law, the substance of which is -as follows:

First. "The colonies of Massachusetts, Plymouth, Connecticut and New Haven do agree and conclude that they will hereafter be called and known as the United Colonies of New England."

Second. "The said United Colonies, for themselves and their posterities, do jointly and severally thereby enter into a firm and perpetual league of friendship and amity for offense and defense, mutual advice and succor upon all just occasions for their mutual safety and general welfare."

Third. "Each colony retains its distinct and separate jurisdiction and control over its domestic and local af

fairs, institutions and laws. No colonies are to be joined in one jurisdiction, nor any other colony admitted into the confederacy, without the consent of the whole."

Fourth. "The expense of wars and other general expenses shall be borne in proportion to the number of male inhabitants between sixteen and sixty years of age in each colony."

Fifth. "Upon notice from any colony of an invasion, the other colonies shall immediately furnish aid."

Sixth. "The general assembly is composed of two commissioners from each colony, to meet annually on the first Monday of September." This assembly had jurisdiction to determine all affairs of war and peace, and other matters pertaining to the general welfare, “but not to intermeddle with the local affairs of the colonies." A two-thirds vote was sufficient to carry into effect any proposed measure; if less concurred, the majority could submit the measure to the respective governments for decision.

Seventh. Provides for the annual election of the president.

Eighth. "The assembled commissioners are authorized to enact general regulations of a civil nature for preserving the peace and to regulate intercourse with Indian tribes."

Ninth. Provides for the return of runaway servants, etc (3).

Tenth. Provides against hasty or inconsiderate wars by any colony.

8 Kentucky v. Dennison, 24 How. 100.

Eleventh. Provides for calling special meetings of the general assembly.

Twelfth. "That the confederacy shall be perpetual. If any of the confederates shall break the articles of confederacy, the matter shall be duly considered and adjudged by the commissioners of the other colonies, 'so that the peace and the confederation shall be entirely preserved without violation.'",

If this document is examined in connection with the principles of feudal polity, it may be affirmed that the fact of the existence of a common sovereign, while it does not prevent complete national independence, does not permit the union of any two nations or independent societies. If the document is examined in view of the effect of its own provisions upon the character and capacity of the new person or society created by it, or the relation of its parts, it is apparent that it effected a very great change in the relation which before that time existed between the colonies. The exercise of great national affairs is confided to the general assembly, and to a colony is allowed jurisdiction only over local affairs, and the authority over national affairs is expressly taken

away.

When, in addition to this, jurisdiction is given to the general assembly to determine whether any colony was guilty of a breach of the articles, it is plain that the colonies which became parties to this contract divested themselves of some of the supreme attributes of independence, and became, in some measure, united under one constitu tion and one system of government.

We shall not overlook, however, that this early constitution embraced only a small portion of what was afterwards the thirteen united colonies.

§ 146. Extension of the union. In 1754 Virginia and all of the northern colonies assembled at Albany, in New York, and considered a proposition submitted by Dr. Franklin to form a closer union. It was not, however, until 1765 that a convention was projected which should create an American congress, and have for its object the knitting together of every region as fast as settled. It was certain that the intention of all concerned was to form an American union. Opinions have always differed and views will always be divergent as to whether, in fact and in truth, there was before the constitution of 1787 a real national union of the states, of such a character as to surrender their sovereignty and independence.

The character of the town meetings, continental congresses and general courts, through which the people expressed their voice prior to the congress of September 7, 1774, speak no certain and unambiguous voice on this matter (4).

§ 147. Nature of the union during the revolution. Upon the relation of the states and the character of the union from this time forth, we have judicial utterances which sufficiently express the sentiment which finally prevailed. Mr. Justice Chase, in Ware v. Hylton (5), says: "It has been inquired what powers congress possessed from the first meeting in September 1774, until the ratification of

Tucker's History of the Constitution is perhaps the strongest statement of the adverse view.

3 Dall. 232. See Texas v. White, 7 Wall. 724-25.

the articles of confederation on the 1st of March, 1781? It appears to me that the powers of congress, during the whole period, were derived from the people they represented, expressly given, through the medium of their state conventions or state legislatures; or that after they were exercised they were impliedly ratified by the acquiesence and obedience of the people. After the confederacy was completed, the powers of congress rested on the authority of the state legislatures and the implied ratification of the people, and was a government over governments. The powers of congress originated from necessity, and arose out of, and were only limited by, events; or in other words, they were revolutionary in their very nature. Their extent depended on their exigencies and necessities of public affairs. It was absolutely and indispensably necessary that congress should possess the power of conducting the war against Great Britain, and therefore, if not expressly given by all (as it was by some of the states), I do not hesitate to say that congress did rightfully possess such power. The authority to make war, of necessity implies the power to make peace, or the war must be perpetual. I entertain this general idea, that the several states retained all internal sovereignty, and that congress properly possessed the great rights of external sovereignty.

"The articles of confederation adopted in 1781 contained a clause upon which has been based the contention of the independent sovereignty of the states. It is therein. expressly stated that each state retains its sovereignty, freedom and independence.