Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/236

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196
HISTORY OF THE REVOLUTION.
[BOOK II.


§ 210. Now it is apparent, that none of the colonies before the Revolution were, in the most large and general sense, independent, or sovereign communities. They were all originally settled under, and subjected to the British crown.[1] Their powers and authorities were derived from, and limited by their respective charters. All, or nearly all, of these charters controlled their legislation by prohibiting them from making laws repugnant, or contrary to those of England. The crown, in many of them, possessed a negative upon their legislation, as well as the exclusive appointment of their superior officers; and a right of revision, by way of appeal, of the judgments of their courts.[2] In their most solemn declarations of rights, they admitted themselves bound, as British subjects, to allegiance to the British crown; and as such, they claimed to be entitled to all the rights, liberties, and immunities of free born British subjects. They denied all power of taxation, except by their own colonial legislatures; but at the same time they admitted themselves bound by acts of the British parliament for the regulation of external commerce, so as to secure the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members.[3] So far, as respects foreign states, the colonies were not, in the sense of the laws of nations,

    individual state, as such, lias any claim to independence. She is independent only in a union with her sister states in congress." Dr. Barton, on the other hand, in a similar essay, explains the operation of the system of the confederation in the manner, which has been given in the text.[a 1]

  1. 2 Dall. 471. Per Jay C. J.
  2. See Marshall's Hist. of Colonies, p. 483; Journals of Congress, 1774, p. 29.
  3. Journal of Congress, 1774, p. 27, 29, 38, 39; 1775, p. 152, 156; Marshall's Hist. of Colonies, ch. 14, p. 412, 483.
  1. 1 Amer. Museum, 13, 14.