be done by a virtuous administration of the laws; the protection of person follows, and is inseparable from that of property, and the basis of government is the security of the latter. The wise and virtuous, as a class, will acquire more property, and possess a larger interest under the laws; to this class then should belong their control. The laws then are for the protection of property and personal rights; the property-holding class adjust the laws for the protection of each. He who has no property finds the door open,-a generous patronage held out to his advancement, and an active stimulant to elevate his condition. That class destitute of property are protected in all they possess, person and character; upon the assailment of either, the law gives adequate protection. Their position in society is relative, different in interest, feeling, and pursuit. The law cannot make them equal. The effort should not be made to adjust the laws in accordance with the dogma that all men are created equal; should nature indulge in such a freak, the recurrence of its regular law would forbid its continuance. Government is artificial in its structure. If man in a state of nature requires little or no government, as he emerges from this state he finds his position an artificial one; to this must the machinery of government be adjusted. There is nothing in this adverse to the principles of a republic; nothing adverse to the interest of the poor. The laws that yield protection to the property holder, invite all within the scope of its protection. When those once destitute amass anything, they are at once upon a proper legitimate standing in reference to participancy in the affairs of the government. Reverse this adjustment, put all upon the footing that man, by nature, is said to occupy, a state of equality,—you not only render him unfit for the government and society of a civilized state, but the insupportable hardship of taking from the talented, the virtuous, the enterprising, what they may have acquired, or what is but little better, you deprive that class of the right and privilege of governing their own property; or you place the mere natural right, abstractly belonging to man, when he advances beyond that condition of nature in equal balance with those rights belonging to the class of property holders, and against the rights they have acquired, those rights that result from an acquisition of property. Philosophically speaking, that principle of the Declaration is wrong. Practically, it is the most offensive feature

that can pervade any system of laws. Let this error then be discarded; because while it lurks in the Declaration is a flimsy excuse for adhering to it, when reason and right proclaim it wrong.

I venerate the Declaration of Independence for its bold and manly assertion of the political rights of the Colonies. It was the frontispiece of our liberty. It was signed and sanctioned by the wise and good men of the Congress of 1776. Long may it be cherished with feelings of devotion by the people of the United States: yet it is fallible. Its object was not to form the basis of a government, but a declaration of our rights, in opposition to the aggression of Great Britain; as such it was originally designed, as such adopted and presented to the world, as such let it stand, and it will receive the admiration of all coming ages.

The minds of the people, now fully prepared for absolute severance from the Crown, received the Declaration with unbounded joy and applause. Washington at that time was stationed upon York Island. On the 9th of July he received a copy, which was read out to the army. The ardent outburst of feeling manifested on this, as well as every other occasion, gave renewed vigor to the people who, with one voice and a common effort, bent every energy of body and mind to the final accomplishment of this their national Declaration. Our forefathers had declared themselves free, yet an arduous struggle awaited them, ere that freedom which then belonged only to those who would not, nor could be enslaved, should be realized by the nation, and acknowledged by the world. This was to be wrought out by the jus gladii, and this it accomplished.

The first object, and the first necessity of a people, is a form of government. After the adoption of the Declaration of Independence, the Colonies, or as they shall be hereafter. styled, the United States,* were in the utmost confusion. The veteran soldiery of England were hovering around our coast, with thousands of mercenaries; many from the welldrilled service of Frederick the Great, in search of booty, or fired by the love of gold. Opposed to this powerful army, well-trained and equipped, were the raw, untutored, unsupplied

* Congress, on the 9th of September, 1776, declared that the Continental commissions should be altered from running in the name of the "United Colonies," to the "United States."

troops of the yet unformed republic; and whilst upon the arms of the early fathers of the country nearly everything depended, it was visible to every eye that the army alone could not accomplish the great purpose of our struggle, but that a form of government was demanded. No system had up to this time been adopted. Each Colony had transacted separately and distinctly its own affairs without unison, with little common counsel; but, united in purpose, there must be efficient means of co-operation. The Congress that had recently effected so much had no legitimate origin from the people. Delegates had been appointed; some by the Colonial assemblies, some by conventions, others by primary assemblies, with but a limited chart to direct their course. *

* A reference to the credentials of the members of the first and second Continental Congress is inserted at this place as evidence of the feelings of the people, illustrative of views taken in other parts of this chapter, as throwing general light upon the character and powers of the two Congresses, as well as the extent of the powers of the confederation. The credentials of members from different Colonies, as far as they bore any, were according to the following extracts. They are not copied in extenso :

New Hampshire." To devise, consult, and adopt such measures as may have the most likely tendency to extricate the Colonies from the present difficulties; to secure and perpetuate their rights, liberties, and privileges, and to restore that peace, harmony, and mutual confidence, which once happily subsisted between the Parent Country and her Colonies."

Massachusetts.-"To consult on the present state of the Colonies, and the miseries to which they are, and must be reduced, by the operation of certain acts of Parliament respecting America; and to deliberate and determine upon wise and proper measures to be by them recommended to all the Colonies, for the recovery and establishment of their just rights and liberties, civil and religious, and the restoration of union and harmony between Great Britain and the Colonies, most ardently desired by all good men."

Rhode Island.—To consult on proper measures to obtain a repeal of the several acts of the British Parliament for levying taxes on his Majesty's subjects in America without their consent; and upon proper measures to establish the rights and liberties of the Colonies upon a just and solid foundation, agreeably to instructions given by the General Assembly." Connecticut.- "To consult and advise on proper measures for advancing the best good of the Colonies, and such conferences to report, from time to time, to the Colonial House of Representatives."

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New York.-Only a few of her counties were represented; some by deputies authorized to "represent," and some by deputies authorized to "attend Congress."

New Jersey.-"To represent the Colony in the General Congress."

Pennsylvania.-" "To form and adopt a plan for the purpose of obtaining redress of American grievances, ascertaining American rights upon the most solid and constitutional principles, and for establishing that union and harmony between Great Britain and the Colonies which is indispensably necessary to the welfare and happiness of both."

Delaware. To consult and advise with the deputies from the other Colonies; to determine upon all such prudent and lawful measures as may

The Provincial Congresses that had thus far directed the helm, were wholly inadequate to conduct a people through a war for independence. Union was now essential. The States

be judged most expedient for the Colonies immediately and unitedly to adopt, in order to obtain relief for an oppressed people, and the redress of our general grievances."

Maryland."To attend a General Congress, to effect one general plan of conduct, operating on the commercial connection of the Colonies with the Mother Country, for the relief of Boston and the preservation of American liberty."

Virginia. "To consider the most proper and effectual manner of so operating on the commercial connection of the Colonies with the Mother Country, as to procure redress for the much injured Province of Massachusetts Bay, to secure British America from the ravage and ruin of arbitrary taxes, and speedily to procure the return of that harmony and union, so beneficial to the whole empire, and so ardently desired by all British America."

North Carolina." To take such measures as they may deem prudent to effect the purpose of describing with certainty the rights of Americans, repairing the breach made in those rights, and for guarding them for the future from any such violations done under the sanction of public authority." For these purposes the delegates are "invested with such powers as may make any acts done by them obligatory, in honor, on every inhabitant thereof, who is not an alien to his country's good, and an apostate to the liberties of America."

South Carolina.-"To consider the acts lately passed, and bills depending in Parliament with regard to the port of Boston and Colony of Massachusetts Bay; which acts and bills, in the precedent and consequences affect the whole continent of America. Also the grievances under which America labors, by reason of the several acts of Parliament that impose taxes or duties for raising a revenue, and lay unnecessary restraints and burdens on trade; and of the statutes, parliamentary acts, and royal instructions, which make an invidious distinction between his Majesty's subjects in Great Britain and America, with full power and authority to concert, agree to, and prosecute such legal measures, as in the opinion of the said deputies, so to be assembled, shall be most likely to attain a repeal of the said acts, and a redress of those grievances."

The above extracts are taken from a work on Constitutional Law, by Henry St. George Tucker. See Journal of the first Congress. The powers granted to the delegates to the second Congress are very much like those above quoted, as appears by the following extracts:—

New Hampshire."To consent and agree to all measures which said Congress shall deem necessary to obtain redress of American grievances." Delegates appointed by convention.

Massachusetts."To concert, agree upon, direct, and order" (in concert with the delegates of the other Colonies) "such further measures as to them shall appear best calculated for the recovery and establishment of American rights and liberties, and for restoring harmony between Great Britain and the Colonies." Delegates appointed by the Provincial Congress.

Connecticut.-"To join, consult, and advise with the other Colonies in British America, on proper measures for advancing the best good of the Colonies." Delegates appointed by the Colonial House of Representatives. New York. This Colony not fully represented. Delegates were only sent from the city and county of New York, city and county of Albany, and six

had mingled their vital interest in a common effort. A central power was demanded, with a Congress as a controlling head, and written articles defining its powers. In 1775, Dr. Franklin had submitted a plan of Articles of Confederation for the Colonies. At that time Congress had no fixed purposes, and his sketches were unnoticed. The next year, which resulted in a fuller development of the feelings of the people, and the Declaration of Independence, enabled Congress to form such plans as were calculated to meet the pressure of the times. Before any final action had been taken in reference to the Declaration, Congress, on the 11th of June, resolved that a committee be appointed to draft a form of Articles of Confederation. The committee consisted of one from each State. John Dickinson, of Pennsylvania, who would have voted. against the Declaration had he been present, was chosen chairman. Through the chairman a draft was reported to Congress on the 12th of July. Repeated debate ensued upon the report up to the 20th of August, when it was laid upon the table.

On the 7th of April, 1777, the subject was again brought up. Whilst the Journals of Congress present but little information in reference to the views of members from different

other counties, to "concert and determine upon such measures as shall be judged most effectual for the preservation and re-establishment of American rights and privileges, and for the restoration of harmony between Great Britain and the Colonies." Queen's county approved the proceeding.

Pennsylvania.-"To attend the General Congress." Delegates appointed by Provincial Assembly.

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New Jersey To attend the Continental Congress, and to report their proceedings to the next session of the General Assembly." Delegates appointed by the Colonial Assembly.

Virginia. "To represent this Colony in General Congress, to be held,” &c. Delegates appointed by convention.

North Carolina.-"Such powers as may make any acts done by them, or any of them, or consent given in behalf of this province, obligatory, in honor, upon every inhabitant thereof." Delegates appointed by convention, and approved in General Assembly.

South Carolina.-"To concert, agree to, and effectually prosecute such measures as, in the opinion of the said deputies and the deputies to be assembled, shall be most likely to attain a redress of American grievances." Delegates appointed by Provincial Congress.

The credentials from the delegates from Rhode Island are not on record. They did not attend until the second meeting of Congress. Georgia was not represented in this Congress until September, 1775. She was considered a party to the Declaration of Independence. Lyman Hall appeared as delegate from the parish of St. Johns, on the 13th of May, 1775, but was never regarded as the representative of Georgia. See note to Tucker's work on Constitutional Law, page 63, and Journals of the second Congress.