produced, but soon after the Stamp Act was repealed. While this Congress failed to shake the Crown and Parliament in their determination to tax the Colonies, it still tended strongly to unite the Colonies and to prepare the way for future co-operation. It has been called the day-star of the American Union.

137. The Congress of 1774.- The persistence of the British Government in its chosen policy led to this Congress. It sat in Philadelphia from September 5 to October 26, 1774, and contained representatives from all the Colonies but Georgia. Its object was to advise, consult, and adopt such measures as would tend to extricate the Colonies from their difficulties and restore harmony with the Mother Country. It adopted a declaration of rights, and addresses to the King, to the British people, to the people of the Colonies, and to the people of Canada; and also recommended the Colonies to sunder commercial relations with England and her dependencies, unless their grievances should be redressed. It commended Massachusetts for her resistance to the objectionable acts of Parliament, and declared that, in case the Home government persisted in carrying these acts into effect, all America ought to support Massachusetts in her opposition. It also recommended the holding of another Congress the next year. The recommendations of this Congress were of far-reaching effect. John Adams called the Non-Importation Agreement that it drew up, which was duly ratified, "The memorable League of the Continent in 1774, which first expressed the sovereign will of a free nation in America."

138. The Congress of 1775.-All the Colonies were represented in this Congress. When it met at Philadelphia, May 10, it found the state of affairs greatly changed from the preceding year. The battle of Lexington had been fought, and Boston was beleaguered by a patriot army. The Congress at once assumed the direction of the armed resistance to British power. On June 15, it chose Washington General of all the Continental forces raised or to be raised for the defense of American liberty, and on the 17th it gave him a commission in which it called these forces "The Army of the United States." On June 22 it resolved to emit bills of credit for the defense of America, and pledged the Confederated Colonies to their redemption. In a word, Congress assumed all the powers of sovereignty deemed essential to the maintenance of the National cause. It continued in session until August 1, when it adjourned until September 5.

139. The Continental Congress.-The Congress of 1774 was first called the General Congress and the Congress at Philadelphia. In December of that year the Massachusetts Legislature called it the Continental Congress, and the country at once adopted that name. For a time men recognized different Continental Congresses, as the

first and second, but this practice ceased as soon as Congress became a permanent body. And it was this Congress, recognized as the grand council of the new Nation, that cut the tie which bound America to England.

140. The Union Established.-This review shows that an American Union had occupied increasing attention on both sides of the Atlantic for many years. It shows, also, the presence of powerful forces steadily working in that direction. "The whole coast, from Nova Scotia to the Spanish possessions in Florida, was one in all essential circumstances; and there was only the need of some sudden shock to crystallize it into a real political unity." This shock came in 1775, and the elements crystallized, although in quite a different way from any that had been contemplated. In fact, this union dates from the time when Congress adopted the army that was besieging Boston, June 15, 1775, but for formal purposes it is better to date from the Declaration of Independence.

141. The New Political Vocabulary. The progress of political events, and especially toward the last, was marked by the gradual introduction of a new political vocabulary. At first the terms in current use expressed only Colonial conditions and relations. But by the time that we reach the Revolution, we find a large family of terms expressing quite another order of ideas, the terms, viz., nation, national, union, confederation, general government, country, countryman, America, American, the United States, continent, continental, and United America. This became the current speech of the times, and no student of political history can mistake its signifi

cance.

CHAPTER V.

THE CONTINENTAL CONGRESS, 1775-1781.

REFERENCES.

I. GENERAL.-Bancroft, Hildreth, Winsor, Johnston, Frothingham, Hart, Curtis, Wilson, Last References; Green, II.-IV.

II. SPECIAL.-Journals of the American Congress from 17741788; Secret Journals, ditto; Jameson, The Predecessor of the Supreme Court; and Guggenheimer, The Development of the Executive Departments. (These two essays are found in Essays in the Constitutional History of the U. S., edited by J. F. Jameson.)

Thorough study of the period 1774-1789 is impossible without constant resort to the lives and writings of the principal actors of the period. A general reference is here made to the volumes of the American Statesmen series that fall within these limits, viz.: Hamil ton, Jefferson, Madison, John Adams, John Marshall, Samuel Adams, Patrick Henry, Gouverneur Morris, Washington, Franklin, and Jay.

142. Source of its Powers.-The Congress was not the creature of law but of revolution. The question whether there should be such a body was never submitted directly to the people, but was rather decided by the Colonial Assemblies, conventions, and committees that appointed the delegates who formed the Congress of 1774. These bodies acted as they believed the people whom they represented wished them to act; while the people gave the Congress the most practical kind of approval by carrying on for eight years a wasting war under its leadership and direction. Accordingly, the Congress was a National assembly called into existence by a national crisis.

143. No Written Constitution. The powers and functions of Congress were not defined in a written constitution. This was impossible in the nature of the case. The public will was the measure as well as the source

of its powers, as in the case of other revolutionary governments. "It is a maxim of political science, that, when such a government has been instituted for the accomplishment of great purposes of public safety, its powers are limited only by the necessities of the case out of which they have arisen, and of the objects for which they were to be exercised. When the acts of such a government are acquiesced in by the people, they are presumed to have been ratified by the people. To the case of our Revolution, these principles are strictly applicable throughout. The Congress assumed at once the exercise of all powers demanded by the public exigency, and their exercise of these powers was acquiesced in and confirmed by the people."'

144. Constitution of Congress.-Previous to the American Congress, congresses had been composed of the representatives of independent states met together to transact international business. No purely national body, as a legislature, had ever been so called. As the Colonies were separate societies, and as the business to be done was to consider their common interests, they naturally adopted this name. At first, the delegates were appointed by the Colonial Assemblies, conventions, or committees of correspondence, but after the body became permanent they were appointed by the Assemblies. Every State appointed as many delegates, and for such time, as it saw fit. It also fixed and paid them their compensation. There was no uniformity in the period of service or in pay. Congress had no limitation as to time, but was a continuous body although not in continuous session. Fifty-six members signed the Declaration of Independence, and that, in the early days, was about the number commonly present. Every State had one vote, and no more, and this was determined by a majority of its delegates present.

145. The Powers Exercised. These related to the prosecution of the war and to certain other general interests. Congress controlled the National army and navy 1 Curtis: History of the Constitution, Vol. I., p. 40.

and managed Indian affairs.

It created a National cur

rency and established a General postoffice. It resolved that it would be very dangerous to the liberties and welfare of America if any Colony should separately petition the King or either House of Parliament, and it accordingly assumed the whole direction of foreign affairs. Congress also frequently recommended the States to do certain things that it had not itself power to do. In times of special emergency, it assumed unusual authority. Twice it voted powers to Washington that made him a virtual dictator. As things once done became precedents, there grew up a customary or unwritten National constitution. For example, Congress adopted, September, 6, 1774, the following rule in relation to voting: "Resolved, That in determining questions in this Congress, each Colony or province shall have one vote. The Congress not being possessed of, or at present able to procure proper material for ascertaining the importance of each Colony." This rule once adopted was never changed until 1787, and then only after a struggle that nearly broke up the Union.

146. The Articles of Confederation.—It was clear to the discerning from the outset that the Union, if it was to be permanent, required some more regular and stable government than a revolutionary assembly. For example, Dr. Franklin, as early as June 12, 1775, submitted to Congress a draft of Articles of Confederation and Perpetual Union, but no action was taken. On June 12, 1776, the same day that it appointed the committee of five to prepare a declaration of independence, Congress appointed a committee of one from each Colony "to prepare and draft the form of a confederation to be entered into," and a month later this committee submitted a report in the handwriting of its chairman, John Dickinson, then a delegate from Delaware. This report, variously amended, became the Articles of Confederation adopted by Congress, November 15, 1777. But as Congress could not, in such a matter, bind the States, it sent the Articles to the States with an urgent