Delegate Silas Deane wrote of President Peyton
Randolph to Mrs. Deane:
" ... Designed by nature for
the business, of an affable, open and majestic deportment, large in size, though
not out of proportion, he commands respect and esteem by his very aspect,
independent of the high character he sustains ..."
[49]
The Congress got right down to
business and was divided into many committees to discuss the various challenges
of colonialism and recommend solutions to the entire body:
“After
some days of general discussions, two Committees were appointed of twelve
members each, one from each State, Georgia not having yet come in. The first
Committee was instructed to prepare a Bill of Rights as it was called or a
Declaration of the Rights of the Colonies: the second, a List of Infringements
or Violations of those Rights. Congress was pleased to appoint me, on the first
Committee, as the Member for Massachusetts. It would be endless to attempt even
an Abridgment of the Discussions in this Committee, which met every day for many
regularly every Morning, for many days successively, till it became an Object of
jealousy to all the other Members of Congress.”
[50]
In an interesting twist of
history the last meeting place of the United States in Congress Assembled in
1788 was inFraunce's Tavern
in New York City as the Federal Hall was being remodeled for the new
constitutional government. The old Congresses were born and faded away in a
Tavern. In Philadelphia’s City Tavern official committee meetings,
unofficial dinners and subsequent toasts were common. The following September
16, 1774 toasts made by the Delegates, at a tavern dinner, provide insights into
what was on the mind of Congress at the dawn of the U.S. Founding:
On
Friday, September 16th, the Honourable Delegates, now met in General Congress,
was elegantly entertained by the gentlemen of Philadelphia. Having met at the
City Tavern about three o'clock, they were conducted from thence to the State
House by the Managers of the entertainment, where they were received by a very
large company, composed of the Clergy, such genteel strangers as happened to be
in Town, and a number of respectable citizens, making in the whole near five
hundred.
After
dinner the following Toasts were drank:
1.The
King. 2. The Queen. 3. The Duke of Gloucester. 4. The Prince of Wales and Royal
family. 5. Perpetual Union to the Colonies. 6. May the Colonies faithfully
execute what the Congress shall wisely resolve. 7. The much injured Town of
Boston and Province of Massachusetts Bay. 8. May Great Britain be just, and
America free. 9. No unconstitutional Standing Armies, 10. May the cloud which
hangs over Great Britain and the Colonies bust only on the heads of the present
Ministry. 11. May every American hand down to posterity pure and untainted the
liberty he has derived from his ancestors. 12. May no man enjoy freedom who has
not spirit to defend it. 13. May the persecuted Genius of Liberty find a listing
asylum in America. 14. May British swords never be drawn in defence of tyranny.
15. The Arts and Manufactures of America. 16. Confusion to the authors of the
Canada Bill. 17. The Liberty of the Press.18. A happy conciliation between Great
Britain and her Colonies on a constitutional ground. 19. The virtuous few in
both Houses of Parliament, 20. The City of London. 21. Lord Chatham. 22. Lord
Camden. 23. Bishop of St. Asaph. 24. Duke of Richmond. 25. Marquis of
Rockingham. 26. Sir George Savile. 27. Mr. Burke. 28. General Conway. 29. Mr.
Dunning. 30. Mr. Sawbridge. 31. Dr. Franklin. 32. Mr. Hancock.[51]
The serious business of
Congress continued at Carpenter’s Hall with business being primarily conducted
in small groups called committees that would report to the entire body of
Congress once they agreed on a resolution. It was the introduction of
Massachusetts’ Suffolk County Resolves, that declared no obedience was due the
Crown on the Intolerable Acts that turned Congress away from Conservatives like
Joseph Galloway so the radicals took control. On October 20th, 1774 after much
debate on how to conduct Congress in the future and insure its continuation as
an official body of the thirteen colonies the following the Articles of
Association were enacted. Adams wrote:
“The
Articles were then reported to Congress, and debated Paragraph by Paragraph. The
difficult Article was again attacked and defended. Congress rejected all
Amendments to it, and the general Sense of the Members was that the Article
demanded as little as could be demanded, and conceeded as much as could be
conceeded with Safety, and certainly as little as would be accepted by Great
Britain: and that the Country must take its fate, in consequence of it. When
Congress had gone through the Articles, I was appointed to put them into form
and report a fair Draught for their final Acceptance. This was done and they
were finally accepted.
The
Committee of Violations of Rights reported a sett of Articles which were drawn
by Mr. John Sullivan of New Hampshire: and from These two Declarations, the one
of Rights and the other of Violations, which are printed in the Journal of
Congress for 1774, were two Years afterwards recapitulated in the Declaration of
Independence in 177 on the fourth of July 1776.”[52]
An alliance of United Colonies
of America was formed under the:
The Articles of Association October 20, 1774
We, his majesty's most loyal subjects, the delegates of the
several colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut,
New-York, New-Jersey, Pennsylvania, the three lower counties of Newcastle, Kent
and Sussex on Delaware, Maryland, Virginia, North-Carolina, and South-Carolina,
deputed to represent them in a continental Congress, held in the city of
Philadelphia, on the 5th day of September, 1774, avowing our allegiance to his
majesty, our affection and regard for our fellow-subjects in Great-Britain and
elsewhere, affected with the deepest anxiety, and most alarming apprehensions,
at those grievances and distresses, with which his Majesty's American subjects
are oppressed; and having taken under our most serious deliberation, the state
of the whole continent, find, that the present unhappy situation of our affairs
is occasioned by a ruinous system of colony administration, adopted by the
British ministry about the year 1763, evidently calculated for enslaving these
colonies, and, with them, the British Empire. In prosecution of which system,
various acts of parliament have been passed, for raising a revenue in America,
for depriving the American subjects, in many instances, of the constitutional
trial by jury, exposing their lives to danger, by directing a new and illegal
trial beyond the seas, for crimes alleged to have been committed in America: And
in prosecution of the same system, several late, cruel, and oppressive acts have
been passed, respecting the town of Boston and the Massachusetts-Bay, and also
an act for extending the province of Quebec, so as to border on the western
frontiers of these colonies, establishing an arbitrary government therein, and
discouraging the settlement of British subjects in that wide extended country;
thus, by the influence of civil principles and ancient prejudices, to dispose
the inhabitants to act with hostility against the free Protestant colonies,
whenever a wicked ministry shall chuse so to direct them.
To obtain redress of these grievances, which threaten destruction
to the lives liberty, and property of his majesty's subjects, in North-America,
we are of opinion, that a non-importation, non-consumption, and non-exportation
agreement, faithfully adhered to, will prove the most speedy, effectual, and
peaceable measure: And, therefore, we do, for ourselves, and the inhabitants of
the several colonies, whom we represent, firmly agree and associate, under the
sacred ties of virtue, honour and love of our country, as follows:
1. That from
and after the first day of December next, we will not import, into British
America, from Great-Britain or Ireland, any goods, wares, or merchandise
whatsoever, or from any other place, any such goods, wares, or merchandise, as
shall have been exported from Great-Britain or Ireland; nor will we, after that
day, import any East-India tea from any part of the world; nor any molasses,
syrups, paneles, coffee, or pimento, from the British plantations or from
Dominica; nor wines from Madeira, or the Western Islands; nor foreign indigo.
2. We will
neither import nor purchase, any slave imported after the first day of December
next; after which time, we will wholly discontinue the slave trade, and will
neither be concerned in it ourselves, nor will we hire our vessels, nor sell our
commodities or manufactures to those who are concerned in it.
3. As a
non-consumption agreement, strictly adhered to, will be an effectual security
for the observation of the non-importation, we, as above, solemnly agree and
associate, that from this day, we will not purchase or use any tea, imported on
account of the East-India company, or any on which a duty bath been or shall be
paid; and from and after the first day of March next, we will not purchase or
use any East-India tea whatever; nor will we, nor shall any person for or under
us, purchase or use any of those goods, wares, or merchandise, we have agreed
not to import, which we shall know, or have cause to suspect, were imported
after the first day of December, except such as come under the rules and
directions of the tenth article hereafter mentioned.
4. The
earnest desire we have not to injure our fellow-subjects in Great-Britain,
Ireland, or the West-Indies, induces us to suspend a non-exportation, until the
tenth day of September, 1775; at which time, if the said acts and parts of acts
of the British parliament herein after mentioned, ate not repealed, we will not
directly or indirectly, export any merchandise or commodity whatsoever to
Great-Britain, Ireland, or the West-Indies, except rice to Europe.
5. Such as
are merchants, and use the British and Irish trade, will give orders, as soon as
possible, to their factors, agents and correspondents, in Great-Britain and
Ireland, not to ship any goods to them, on any pretence whatsoever, as they
cannot be received in America; and if any merchant, residing in Great-Britain or
Ireland, shall directly or indirectly ship any goods, wares or merchandize, for
America, in order to break the said non-importation agreement, or in any manner
contravene the same, on such unworthy conduct being well attested, it ought to
be made public; and, on the same being so done, we will not, from thenceforth,
have any commercial connexion with such merchant.
6. That such
as are owners of vessels will give positive orders to their captains, or
masters, not to receive on board their vessels any goods prohibited by the said
non-importation agreement, on pain of immediate dismission from their service.
7. We will
use our utmost endeavours to improve the breed of sheep, and increase their
number to the greatest extent; and to that end, we will kill them as seldom as
may be, especially those of the most profitable kind; nor will we export any to
the West-Indies or elsewhere; and those of us, who are or may become overstocked
with, or can conveniently spare any sheep, will dispose of them to our
neighbours, especially to the poorer sort, on moderate terms.
8. We will,
in our several stations, encourage frugality, economy, and industry, and promote
agriculture, arts and the manufactures of this country, especially that of wool;
and will discountenance and discourage every species of extravagance and
dissipation, especially all horse-racing, and all kinds of games, cock fighting,
exhibitions of shews, plays, and other expensive diversions and entertainments;
and on the death of any relation or friend, none of us, or any of our families
will go into any further mourning-dress, than a black crepe or ribbon on the arm
or hat, for gentlemen, and a black ribbon and necklace for ladies, and we will
discontinue the giving of gloves and scarves at funerals.
9. Such as
are venders of goods or merchandize will not take advantage of the scarcity of
goods, that may be occasioned by this association, but will sell the same at the
rates we have been respectively accustomed to do, for twelve months last past.
-And if any vender of goods or merchandise shall sell such goods on higher
terms, or shall, in any manner, or by any device whatsoever, violate or depart
from this agreement, no person ought, nor will any of us deal with any such
person, or his or her factor or agent, at any time thereafter, for any commodity
whatever.
10. In case
any merchant, trader, or other person, shall import any goods or merchandize,
after the first day of December, and before the first day of February next, the
same ought forthwith, at the election of the owner, to be either re-shipped or
delivered up to the committee of the country or town, wherein they shall be
imported, to be stored at the risque of the importer, until the non-importation
agreement shall cease, or be sold under the direction of the committee
aforesaid; and in the last-mentioned case, the owner or owners of such goods
shall be reimbursed out of the sales, the first cost and charges, the profit, if
any, to be applied towards relieving and employing such poor inhabitants of the
town of Boston, as are immediate sufferers by the Boston port-bill; and a
particular account of all goods so returned, stored, or sold, to be inserted in
the public papers; and if any goods or merchandizes shall be imported after the
said first day of February, the same ought forthwith to be sent back again,
without breaking any of the packages thereof.
11. That a
committee be chosen in every county, city, and town, by those who are qualified
to vote for representatives in the legislature, whose business it shall be
attentively to observe the conduct of all persons touching this association; and
when it shall be made to appear, to the satisfaction of a majority of any such
committee, that any person within the limits of their appointment has violated
this association, that such majority do forthwith cause the truth of the case to
be published in the gazette; to the end, that all such foes to the rights of
British-America may be publicly known, and universally contemned as the enemies
of American liberty; and thenceforth we respectively will break off all dealings
with him or her.
12. That the
committee of correspondence, in the respective colonies, do frequently inspect
the entries of their customhouses, and inform each other, from time to time, of
the true state thereof, and of every other material circumstance that may occur
relative to this association.
13. That all
manufactures of this country be sold at reasonable prices, so- that no undue
advantage be taken of a future scarcity of goods.
14. And we
do further agree and resolve that we will have no trade, commerce, dealings or
intercourse whatsoever, with any colony or province, in North-America, which
shall not accede to, or which shall hereafter violate this association, but will
hold them as unworthy of the rights of freemen, and as inimical to the liberties
of their country.
And we do solemnly bind ourselves and our constituents, under the
ties aforesaid, to adhere
to this association, until such parts of the several acts of
parliament passed since the close of the last war, as impose or continue duties
on tea, wine, molasses, syrups paneles, coffee, sugar, pimento, indigo, foreign
paper, glass, and painters' colours, imported into America, and extend the
powers of the admiralty courts beyond their ancient limits, deprive the American
subject of trial by jury, authorize the judge's certificate to indemnify the
prosecutor from damages, that he might otherwise be liable to from a trial by
his peers, require oppressive security from a claimant of ships or goods seized,
before he shall be allowed to defend his property, are repealed.-And until that
part of the act of the 12 G. 3. ch. 24, entitled "An act for the better securing
his majesty's dock-yards magazines, ships, ammunition, and stores," by which any
persons charged with committing any of the offenses therein described, in
America, may be tried in any shire or county within the realm, is repealed-and
until the four acts, passed the last session of parliament, viz. that for
stopping the port and blocking up the harbour of Boston-that for altering the
charter and government of the Massachusetts-Bay-and that which is entitled "An
act for the better administration of justice, &c."-and that "for extending the
limits of Quebec, &c." are repealed. And we recommend it to the provincial
conventions, and to the committees in the respective colonies, to establish such
farther regulations as they may think proper, for carrying into execution this
association.
The foregoing association being determined upon by the Congress,
was ordered to be subscribed by the several members thereof; and thereupon, we
have hereunto set our respective names accordingly.
IN CONGRESS,
PHILADELPHIA, October 20, 1774. Signed,
PEYTON RANDOLPH, President.
[53]
The seeds of Independence, the U.S. Presidency and future U.S. Federal
Constitutions were now sowed with the Articles of Association. The
Presidents of the Continental Congress of the Thirteen Colonies who would
preside under the Association’s Articles from 1774 to 1776. The names and dates
they held office were:
Peyton Randolph,
President Continental Congress of the United Colonies
September 5, 1774 to October 22, 1774 and May 20 to May 24, 1775
Henry Middleton,
President Continental Congress of the United Colonies
October 22, 1774 to October 26, 1774
John Hancock,
President Continental Congress of the United Colonies
May 25, 1775 to July 1, 1776
Presidents of the Continental
Congress United States of America:
The Articles of Association enabled the Delegates to assemble in good
order adopting the necessary legislation for an autonomous colonial government
capable of waging war. The Colonies struggled to reconcile with the Crown
issuing official petitions and letters to the King and Parliament. The British
repression continued and blood was shed at the
Battles of Lexington and Concord escalating challenges for the
Delegates. On June 14, 1775, Congress voted to form a standing Army from the
militia units surrounding Boston. Congressman George Washington of Virginia was
backed by former President Peyton Randolph against the new sitting President,
John Hancock of Massachusetts as the commanding general. John Adams through his
political support behind Washington, an election ensued and the Virginian was
approved unanimously as Commander-in-Chief of the Continental Army on June 17,
1775:
The President, from the chair, informed George
Washington, Esquire, that he had the orders of the Congress to acquaint him that
the Congress had, by a unanimous vote, made choice of him to be General and
Commander-in-Chief, to take the supreme command of the Forces raised, and to be
raised, in defence of American liberty, and desired his acceptance of it. To
which Colonel Washington, standing in his place, answered:
Mr. PRESIDENT:
Though I am truly sensible of the high honour done me, in this appointment, yet
I feel great distress, from a consciousness that my abilities and military
experience may not be equal to the extensive and important trust. However, as
the Congress desire it, I will enter upon the momentous duty, and exert every
power I possess in their service, and for support of the glorious cause. I beg
they will accept my most cordial thanks for this distinguished testimony of
their approbation.
But, lest, some unlucky event should happen,
unfavourable to my reputation, I beg it may be remembered, by every gentleman in
the room, that I this day declare, with the utmost sincerity, I do not think
myself equal to the command I am honoured with.
As to pay, Sir, I beg leave to assure the
Congress, that as no pecuniary consideration could have tempted me to accept
this arduous employment, at the expense of my domestick ease and happiness, I do
not wish to make any profit from it. I will keep exact account of my expenses.
Those, I doubt not, they will discharge, and that is all I desire.
[54]
The morphing of the American Presidency with the office of Commander-in-Chief
would not be combined until the Constitution of 1787’s implementation
fourteen years later.
With an army and commander in place the Continental Congress debated and passed
on July 6, 1775
“A Declaration by the Representatives of the
United Colonies of North-America, Now Met in Congress at Philadelphia, Setting
Forth the Causes and Necessity of Their Taking Up Arms.”
[55]
This resolution, discussed more fully in future chapters, began:
“If it was possible for men, who exercise their
reason to believe, that the divine Author of our existence intended a part of
the human race to hold an absolute property in, and an unbounded power over
others, marked out by his infinite goodness and wisdom, as the objects of a
legal domination never rightfully resistible, however severe and oppressive, the
inhabitants of these colonies might at least require from the parliament of
Great-Britain some evidence, that this dreadful authority over them, has been
granted to that body.”
and closed:
With an humble confidence in the mercies of the
supreme and impartial Judge and Ruler of the Universe, we most devoutly implore
his divine goodness to protect us happily through this great conflict, to
dispose our adversaries to reconciliation on reasonable terms, and thereby to
relieve the empire from the calamities of civil war.[56]
Could War be averted? It was still the earnest wish of the Founders in the
summer of 1775 and they agreed once again, to send a second petition directly to
the King, written first by Thomas Jefferson and then completely rewritten by
John Dickinson, The petition was strongly conservative in nature, disavowing
Independence and seeking only to negotiate
trade and tax regulations with Great Britain.
John Adams wrote of the resolution’s
introduction:
“Mr.
Dickinson made or procured to be made a Motion for a second AddressPetition to
the King to be sent by Mr. Richard Penn, who was then bound on a Voyage to
England. I was The Motion was introduced and supported by long Speeches. I was
opposed to it, of course; and made an Opposition to it, in Ans as long a Speech
as I commonly made, not having ever been remarkable for very long Harrangues, in
Answer to all the Arguments which had been urged. When I satt down, Mr. John
Sullivan arose, and began to argue on the same side with me, in a strain of Wit,
Reasoning and fluency which allthough he was always fluent, exceeded every Thing
I had ever heard from him before. I was much delighted and Mr. Dickinson very
much terrified at what he said and began to tremble for his Cause. At this
moment I was called out to the State house Yard, very much to my regret, to some
one who had business with me. I took my hat and went out of the Door of Congress
Hall: Mr. Dickinson observed me and darted out after me. He broke out upon me in
a most abrupt and extraordinary manner. In as violent a passion as he was
capable of feeling, and with an Air, Countenance and Gestures as rough and
haughty as if I had been a School Boy and he the Master, he vociferated out,
"What is the Reason Mr. Adams, that you New England men oppose our Measures of
Reconciliation. There now is Sullivan in a long Harrangue following you, in a
determined Opposition to our Petition to the King. Look Ye! If you dont concur
with Us, in our pacific System, I, and a Number of Us, will break off, from you
in New England, and We will carry on the Opposition by ourselves in our own
Way."[57]
The Adams-Lee Coalition, who sought Independence, was led by John Adams who
wrote:
“I dreaded the danger of disunion and divisions
among Us, and much more among the People. It appeared to me, that all Petitions,
Remonstrances and Negotiations, for the future would be fruitless and only
occasion a Loss of time and give Opportunity to the Ennemy to sow divisions
among the States and the People. My heart bled for the poor People of Boston,
imprisoned within the Walls of their City by a British Army, and We knew not to
what Plunder or Massacres or Cruelties they might be exposed. I thought the
first Step should ought to be, to recommend to the People of every State in the
Union, to Seize on all the Crown Officers, and hold them with civility, Humanity
and Generosity, as Hostages for the Security of the People of Boston and to be
exchanged for them as soon as the British Army would release them.”[58]
Adams and his followers would, in the end, agree to the petition, signed it and
on July 8, 1775 it was sent to the King. Historians call this final colonial
Crown supplication, The Olive Branch Petition.
Benjamin Franklin, pragmatic as ever, understood the chances of reuniting with
the Crown were slim. With this in mind he drafted a Constitution for the
Colonies to replace the Association’s Articles called the Articles of
Confederation. On July 21, 1775, they considered the draft but no formal
action was taken.[59]
Two days later, John Adams wrote to his wife Abigail about Franklin:
“Dr. Franklin has been very constant in his
Attendance on Congress from the Beginning. His Conduct has been my composed and
grave and in the Opinion of many Gentlemen very reserved. He has not assumed any
Thing, nor affected to take the lead; but has seemed to choose that the Congress
should pursue their own Principles and sentiments and adopt their own Plans: Yet
he has not been backward: has been very usefull, on many occasions, and
discovered a Disposition entirely American. He does not hesitate at our boldest
Measures, but rather seems to think us, too irresolute, and backward. He thinks
us at present in an odd State, neither in Peace nor War, neither dependent nor
independent. But he thinks that We shall soon assume a Character more decisive.
He thinks, that We have the Power of preserving
ourselves, and that even if We should be driven to the disagreable Necessity of
assuming a total Independency, and set up a separate state, We could maintain
it. The People of England, have thought that the Opposition in America, was
wholly owing to Dr. Franklin: and I suppose their scribblers will attribute the
Temper, and Proceedings of this Congress to him: but there cannot be a greater
Mistake. He has had but little share farther than to co operate and assist. He
is however a great and good Man. I wish his Colleagues from this City were All
like him. ”
[60]
In a second letter Adams would
write of the pending Articles of Confederation:
“The Business I have had upon my Mind has been
as great and important as can be intrusted to [One] Man, and the Difficulty and
Intricacy of it is prodigious. When 50 or 60 Men have a Constitution to form for
a great Empire, at the same Time that they have a Country of fifteen hundred
Miles extent to fortify, Millions to arm and train, a Naval Power to begin, an
extensive Commerce to regulate, numerous Tribes of Indians to negotiate with, a
standing Army of Twenty seven Thousand Men to raise, pay,of victual and officer,
I really shall pity those 50 or 60 Men.”[61]
When the July 8, 1775
“Olive Branch Petition” arrived in England it was rushed to the King along
with a scathing John Adams letter intercepted by colonial British officials.
The Crown deemed the Petition insincere due to the Adams’ letter. This rejection
of the Olive Branch Petition by the King was exceedingly important to the cause
of Independence. The conservatives had no choice but to unite with the
Adams-Lee Coalition in a colonial plan for Independence as the petition failed.
The Continental Congress moved
cautiously but methodically toward independence as the war escalated. They
waited until late spring of 1776 to move forward on declaring Independence. On
June 7th, 1776 Richard Henry Lee placed a resolution before the Continental
Congress seeking independence for the United Colonies.
On Saturday, June 8th, Lee's resolution was referred to a committee of the whole
(the entire Continental Congress), and they spent most of that day as well as
Monday, June 10th debating independence. The chief opposition for independence
came mostly from Pennsylvania, New York and South Carolina. As Thomas Jefferson
said, they
"were not yet matured for falling from the
parent stem." Since Congress could not agree more time was needed "to
give an opportunity to the delegates from those colonies which had not yet given
authority to adopt this decisive measure, to consult their constituents .. and
in the meanwhile, that no time be lost, that a committee be appointed to prepare
a declaration".[62]
Accordingly on June 11th Committee of Five was chosen with Thomas Jefferson of
Virginia picked unanimously as its first member. Congress also chose John Adams,
Benjamin Franklin, Robert R. Livingston, and Roger Sherman. The committee
assigned Thomas Jefferson the task of producing a draft Declaration for its
consideration.
Congress was called to order on July 1st at 9am and serious debate consumed most
of that hot and humid Monday. Late in the day it was apparent that the delegates
from Pennsylvania and South Carolina were not ready to pass the Lee resolution
for Independence. Additionally the two delegates from Delaware were split so
debate was postponed until the following day. On July 2, 1776 both Robert Morris
and John Dickinson deliberately abstained by not attending the session and the
remaining Pennsylvania delegation voted for independence. South Carolina
leader's son, Arthur Middleton, chose to ignore his absent and ailing father's
Tory wishes changing the colony's position to aye. Finally the great patriot
Caesar Rodney with his face riddled with cancer rode all night through the rain
and a lightening storm arriving in time to break the Delaware 1 to 1 deadlock by
casting the third vote for independence. Thus all 12 colonies voted on July 2nd
and adopted the resolution, introduced by Richard Henry Lee and John Adams,
declaring independence from Great Britain:
“Resolved, That these United Colonies are, and of
right ought to be, free and independent states, that they are absolved from all
allegiance to the British Crown, and that all political connection between them
and the state of Great Britain is, and ought to be, totally dissolved.”
[63]
On July 2, 1776 the United Colonies of America officially became the United
States of America.
Richard Henry
Lee's Resolution Courtesy of the National Archives[64]
After the resolution
was passed, the Continental Congress turned to the debate over the Committee of
Five's Declaration of Independence. Time was short and Congress adjourned until
Wednesday the 3rd. The debates of July 3rd and 4th altered the manuscript and
with these changes the Declaration of Independence was approved.
With the passage of Lee’s resolution and two days
later the Declaration of Independence stating in no uncertain terms why the
Colonies chose Independence, the Colonies became an association called the
United States of America loosely bound by the Articles of 1774 as
thirteen Independent States. They were, at that time, recognized by no foreign
power including France.
The Continental Congress took 17 months after
Independence to pass their first constitution which they labeled as "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". This Constitution of 1777 was finally signed on
November 15, 1777 in York Pennsylvania with President Henry Laurens, as John
Hancock resigned upon its agreement, presiding over a Continental Congress
displaced by Great Britain’s occupation of Philadelphia.
Like the current U.S. Constitution of 1787 this
1777 legislation required ratification before forming the Perpetual Union known
as the United States of America. Unlike the Constitution of 1787 unanimous
accessions by all thirteen states were required for the Constitution of 1777 to
become the law.
Fortunately, it took over four years to ratify
the Federal Constitution of 1777as many of its articles were severely
flawed. This delay enabled Congress to pass crucial wartime legislation with
only an Articles of Association majority vote versus the nine to four
State margin mandated by the pending Federal Constitution of 1777. Most
historians agree that under a 1777 "ratified" Federal Constitution this
new government would have failed under the pressures of a difficult war that
resulted in many crucial seven state congressional quorums enacting legislation.
On several occasions, the fleeing Congress passed critical resolutions necessary
to carry on the war with the seven states voting four to three. Such measures
would have been prohibited under a ratified Constitution of 1777 as it required
eleven States to form a necessary quorum to enact legislation.
The Presidents who
served under the "Articles of Association" of the United States of
America were:
John Hancock,
President of the Continental Congress
of the United States of America
July 2, 1776 to October 29, 1777
Henry Laurens President of the Continental
Congress
of the United States of America
November 1, 1777 to December 9, 1778
John Jay
President of the Continental Congress
of the United States of America
December 10, 1778 to September 28, 1779
Samuel Huntington
President of the Continental Congress
of the United States of America
September 28, 1779 to February 28, 1781
The Presidency of
the United States of America in Congress Assembled:
The ratification of the Articles of
Confederation, the 1777 Constitution of the United States, was delayed until
March 1, 1781 by Maryland due to border disputes and fears of forming a powerful
central government. On March 1, 1781, with the 13th state’s
ratification, the Continental Congress ceased to exist and “The United States
in Congress Assembled” was placed at the head of each page of the Official
Journal of Congress. The New United States in Congress Assembled Journal
reported on March 2, 1781:
“The ratification of the
Articles of Confederation being yesterday completed by the accession of the
State of Maryland: The United States met in Congress, when the following members
appeared: His Excellency Samuel Huntington, delegate for Connecticut, President
..” .[65]
On March 7th The
Pennsylvania Gazette of PHILADELPHIA reported of this event:
“IN pursuance of an Act of the Legislature of
Maryland, intituled, "An Act to empower the Delegates of the State in Congress
to subscriber and ratify the Articles of Confederation," the Delegates of the
said State, on Thursday last, at twelve o, signed and ratified the Articles of
Confederation; by which act the Confederation of THE UNITED STATES OF AMERICA
was compleated, each and every of the Thirteen States, from New Hampshire to
George, both included, having adopted and confirmed, and by their Delegates in
Congress ratified the same. This happy even was immediately announced to the
public by the discharge of the artillery on land, and the cannon of the shipping
in the river Delaware. At two his Excellency the President of the United States
in Congress received on this occasion the congratulations of the Hon. the
Minister Plenipotentiary of France, and of the Legislative and Executive Bodies
of this State, of the Civil and Military Officers, sundry strangers of
distinction in town, and of many of the principal inhabitants.
The
evening was closed by an elegant exhibition of fireworks. The Ariel frigate,
commanded by the gallant John Paul Jones, fired a feu de joye, and was
beautifully decorated with a variety of streamers in the day, and ornamented
with a brilliant appearance of lights in the night. Thus will the first of
March, 1781, be a day memorable in the annals of America, for the final
ratification of the Confederation and perpetual Union of the Thirteen States of
America --- A Union, begun by necessity, cemented by oppression and common
danger, and now finally consolidated into a perpetual confederacy of these new
and rising States: And thus the United States of America, having, amidst the
calamities of a destructive war, established a solid foundation of greatness,
are growing up into consequence among the nations, while their haughty enemy,
Britain, with all her boasted wealth and grandeur, instead of bringing them to
her feet and reducing them to unconditional submission, finds her hopes blasted,
her power crumbling to pieces, and the empire which, with overbearing insolence
and brutality she exercised on the ocean, divided among her insulted neighbours.”
[66]
Huntington by virtue of this ratification became
and was received by foreign dignitaries, fellow delegates and the citizens of
the United States as the first President of the United States. The first
recorded official correspondence from a federal institution to an Articles of
Confederation U.S. President was transmitted by the U. S. Treasury Office on
March 12, 1781 with these opening words:
“The Board of Treasury to whom was referred the Letter from the Honorable
the Minister of France to his Excellency the President of the United States in
Congress Assembled …” [67]
Samuel Huntington served as President of the
United States in Congress Assembled until July 6, 1781 when he tendered his
resignation:
“The
President having informed the United States in Congress assembled, that his ill
state of health" ... not permit him to continue longer in the exercise of the
duties of that office.” [68]
The presidency was not filled until July 10th
when Thomas McKean of Delaware was elected President after North Carolina's
Samuel Johnston declined his July 9th election.[69]
Yes, Delegate Johnston actually refused to serve after the ballots were cast as
the second U.S. President. The reasons why he declined the office are cited
fully in the chapter on President McKean.
The War effectively ended with Cornwallis'
surrender in Yorktown, October 19, 1781 only six months after the 1st U.S.
Constitution’s ratification and formal establishment of a U.S. President.
President Boudinot later would exchange General Cornwallis for former President,
Henry Laurens, imprisoned in the Tower of London.
It was during this period that Congress and its
Foreign Commissioners sought favorable terms in a Peace Treaty with Great
Britain. Peace Commissioner John Jay, a former President of the Continental
Congress took it upon himself to ignore the United States in Congress
Assembled’s instructions to include France in the treaty negotiations with Great
Britain. Peace Commissioners John Adams and Benjamin Franklin heeded Jay’s
"presidential wisdom" and excluded France from all negotiations until treaty
was agreed upon by the respective U. S. ministers and Great Britain.
The Treaty of Paris officially ended the War with
Great Britain with the United States gaining many concessions but none more
important then a vast amount of land that now comprises the states of Ohio,
Indiana, Illinois, Michigan, and Wisconsin. This land was known as the Northwest
Territory. Former President John Jay and his fellow Treaty of Paris signers
understood the significance of the Northwest Territory concession as this land
would virtually double the size of the United States. Secondly, the territory
would be governed by the new Federal Government without interference from any of
the States. Finally, these vast Federal real estate holdings would be the
mechanism to fund the federal government and retire the mountain of debt
incurred during the War for Independence by selling real estate to settlers and
land speculators,.
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The United Colonies 1st
government began in a Philadelphia Tavern
and the United States 1st federal government ended in a
NYC Tavern!
The Founders convened the government in 11 different capitol buildings and
experienced 15 years of challenges that
included war,
hyper-inflation, a failed
constitution, judicial corruption, armed citizen and U.S. Army rebellions.
Forgotten Founders Historic Documents and Coins of Freedom - By Stanley
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Which U.S. President adopted
the Philadelphia Constitutional Convention
resolution, enacted the Northwest Ordinance, and backed George Washington,
James Madison and Nathaniel Gorham's resolution to submit the new U.S.
Constitution to the States for ratification without Congressional
alterations?
