On the 13th May,1775,Lyman Hall appeared as a delegate from the parish of St.Johns and he was admitted to his seat,"subject to such regulations as the Congress shall determine,relative to his voting."He was never regarded as the representative of Georgia,nor was that colony then considered as a party to the proceedings of Congress.This is evident from the fact that,in the address to the inhabitants of Great Britain,they use the style,"The twelve United Colonies,by their delegates in Congress,to the inhabitants of Great Britain,"adopted on the 8th July,1775.On the 20th of that month Congress were notified that a convention of Georgia had appointed delegates to attend them,but none of them took their seats till the 13th September following.They were authorized "to do,transact,join and concur with the several delegates from the other colonies and provinces upon the Continent,on all such matters and things as shall appear eligible and fit,at this alarming time,for the preservation and defence of our rights and liberties,and for the restoration of harmony,upon constitutional principles,between Great Britain and America."
Some of the colonies appointed their delegates only for limited times,at the expiration of which they were replaced by others,but without any material change in their powers.The delegates were,in all things,subject to the orders of their respective colonies.
8.This was done by Pennsylvania.?[Sec 92Dallas,Col.L.of Penn.3.]
9.This statement of Judge Story is in opposition to the following language of Judge Henry Baldwin,who was confessedly one of the ablest jurists who has graced the bench of the Supreme Court of the United States:"Their SEPARATE INDEPENDENCE WAS PROCLAIMED,and they remained towards each other as they were before,as colonies,and then as States;they did not alter their relations;the same delegates from the colonies acted as the representatives of The States;so declared themselves,and continued their session without new credentials.The appointing power being the same,the separate legislature of each State,as a State,nation,or empire;THE PEOPLE the supreme head,as the King,the Emperor,the Sovereign.These colonies were not declared to be free and independent States by substituting Congress in the place of King and Parliament;nor by the people of the States,transferring to the UNITED STATES that allegiance they had owed to the Crown."Bald.29.?[C.C.B.]
10.A document which I have so met with elsewhere but which may be found in the Appendix to Professor Tucker's elaborate and instructive Life of Jefferson,affords important evidence upon this point.As early as May,1775,the plan of a "confederation and perpetual union"among the colonies,was prepared and proposed for adoption.
It was not in fact adopted,but its provisions show,in the strongest manner,in what light the colonies regarded their relation to one another.The proposed union was called "a firm league of friendship";each colony reserved to itself "as much as it might think proper of its own present laws,customs,rights,privileges,and peculiar jurisdictions,within its own limits;
and may amend its own Constitution as may seem best to its own Assembly or Convention";the external relations of the colonies were to be managed by their general government alone,and all amendments of their "Constitution,"
as they termed it,were to be proposed by Congress and "approved by a majority of the colony assembles."It can scarcely be contended that this "league of friendship,"this "confederation and perpetual union,"would,if it had been adopted,have rendered the people of the several colonies less identical than they were before.If,in their opinion,they were "one people"
already,no league or confederation was necessary,and no one would have thought of proposing it.The very fact,therefore,that it was proposed,as a necessary measure "susceptible for their common defence"against their enemies,for the security of their liberties and their properties,the safety of their persons and families,and their mutual and general welfare,"
proves that they did not consider themselves as already "one people,"in any sense or to any extent which would enable them to effect those important objects.
This proposition was depending and undetermined at the time of the Declaration of independence.
11.In point of fact,Virginia declared her independence on the 15th of May,1776.The following beautiful allusion to that scene is extracted from an address delivered by Judge Beverly Tucker,of William and Mary College,before the Petersburgh Lyceum,on the 15th of May,1848:
That spectacle,on this day sixty-three yearn,Virginia exhibited to the world;and the memory of that majestic scene it is now my task to rescue from oblivion.It was on that day that she renounced her colonial dependence on Great Britain,and separated herself forever from that kingdom.
