From a period even anterior to the Federal Constitution there has been a perverse pretension of State Rights, which has perpetually interfered with the unity of our government. Throughout the Revolution this pretension was a check upon the powers of Congress, whether in respect to its armies or its finances; so that it was too often constrained to content itself with the language of advice or persuasion rather than of command. By the Declaration of Independence it was solemnly declared that “these United Colonies are, and of right ought to be, free and independent States, and that, as such, they have full powers to levy war, to contract alliances, to establish commerce, and to do all other acts which independent States may of right do.” Thus by this original charter the early colonies were changed into independent States, under whose protection the liberties of the country were placed.
Early steps were taken to supply the deficiencies of this government, which was effective only through the generous patriotism of the people. In July, 1778, two years after the Declaration, Articles of Confederation were framed, but they were not completely ratified by all the States till March, 1781. The character of this new government, which assumed the style of “The United States of America,” will appear in the title of these Articles, which was as follows:—“Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.” By the second article it was declared, that “each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right which is not by this Confederation expressly delegated to the United States in Congress assembled.” By the third article it was further declared, that “the said States hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare.” By another article, a “committee of the States, or any nine of them,” was authorized in the recess to execute the powers of Congress. The government thus constituted was a compact between sovereign States,—or, according to its precise language, “a firm league of friendship” between these States, administered, in the recess of Congress, by a “committee of the States.” Thus did State Rights triumph.