Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/204

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164
HISTORY OF THE COLONIES.
[BOOK I.

They did not possess the power of forming any league or treaty among themselves, which should acquire an obligatory force without the assent of the parent state. And though their mutual wants and necessities often induced them to associate for common purposes of defence, these confederacies were of a casual and temporary nature, and were allowed as an indulgence, rather than as a right. They made several efforts to procure the establishment of some general superintending government over them all; but their own differences of opinion, as well as the jealousy of the crown, made these efforts abortive.[1] These efforts, however, prepared their minds for the gradual reconciliation of their local interests, and for the gradual developement of the principles, upon which a union ought to rest, rather than brought on an immediate sense of the necessity, or the blessings of such a general government.

§ 178. But although the colonies were independent of each other in respect to their domestic concerns, they were not wholly alien to each other. On the contrary, they were fellow subjects, and for many purposes one people. Every colonist had a right to inhabit, if he pleased, in any other colony; and as a British subject, he was capable of inheriting lands by descent in every other colony. The commercial intercourse of the colonies, too, was regulated by the general laws of the British empire; and could not be restrained, or obstructed by colonial legislation. The remarks of Mr. Chief Justice Jay on this subject are equally just and striking. "All the people of this country were then subjects of the king of Great Britain, and owed allegiance to him; and all
  1. 1 Pitk. Hist. 50, 141, 142, 143, 144, 145, 146, 429; 2 Haz. Coll.; 1 Marsh. Colon, ch. 10, p. 284; 3 Hutch. Hist. 21, 22, 23.