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civil war made England abandon them to their own resources. Even then, the New England Confederation of 16431 was too narrow for the admission of Rhode Island; was unable to always obtain the obedience to its requisitions by Massachusetts; 2 exercised little power after the restoration of Charles II; and did not survive his reign.

The deposition of James II defeated his project of uniting the New England, and, if possible, all the colonies, under a single governor-general. Under William and Mary, John Locke, whose philosophy could appreciate the benefit of freedom for Englishmen at home, but not in the colonies, suggested the appointment of a captain-general of North America, with arbitrary powers; 3

§ 4. The articles provided: "VIII. It is also agreed that the Commissioners for this Confederacon hereafter at their meetings, whether ordinary or extraordinary, as they may have commission or opertunitie, do endeavoure to frame and establish agreements and orders in generall cases of a civill nature wherein all the plantacons are interested for preserving peace among themselues, and preventing as much as may bee all occations of warr or difference with others, as about the free and speedy passage of Justice in every Jurisdiccon, to all the Confederats equally as their owne, receiving those that remoue from one plantacon to another without due certefycats; how all the Jurisdiccons may carry it towards the Indians, that they neither grow insolent nor be injured without due satisfaccion, lest warr break in vpon the Confederates through such miscarryage. It is also agreed that if any servant runn away from his master into any other of these confederated Jurisdiccons, That in such Case, vpon the Certyficate of one Majistrate in the Jurisdiccon out of which the said servant fled, or upon other due proofe, the said servant shalbe deliured either to his Master

or any other that pursues and brings such Certificate or proofe. And that vpon the escape of any prisoner whatsoever or fugitiue for any criminal cause, whether breaking prison or getting from the officer or otherwise escaping, upon the certificate of two Majistrates of the Jurisdiccon out of which the escape is made that he was a prisoner or such an offender at the tyme of the escape. The Majestrates or some of them of that Jurisdiccon where for the present the said prisoner or fugitive abideth shall forthwith graunt such a warrant as the case will beare for the apprehending of any such person, and the delivery of him into the hands of the officer or other person that pursues him. And if there be help required for the safe returneing of any such offender, then it shall be graunted to him that craves the same, he paying the charges thereof." Preston's Documents Illustrative of American History, pp. 92-93.

2 See the remarks of Madison in the Virginia Convention of Ratification, Elliot's Debates, 2d ed., vol. iii, p. 133.

8 Mr. Locke, with other philosophers, solemnly advised that prince William III to appoint a cap

and William Penn, the summons of a congress with two delegates from each colony, to sit in New York, under the presidency of the Governor as the King's High Commissioner, "after the manner of Scotland." In 1721, the exigencies of the conflict with France for the control of North America brought forth a scheme, said to have been drafted by Lord Stairs, which combined the suggestions of Penn and Locke. All of these plans, however, remained in the pigeon-holes of the Board of Trade. A few conferences of colonial governors or commissioners, in at least one instance called a congress,5 were held at the suggestion of the crown, to regulate treaties with the Indian tribes and to fix the men and money which each should contribute to the common defense.6 Under George II, in 1754, the same cause led to a congress at Albany of representatives from seven colonies, who made a treaty with the six nations and drafted a plan of union, to be set in operation by an act of Parliament. This, which was largely drawn by Franklin, vested the control of war, Indian affairs, the acquisition of new territory, and the government of new settlements, in a president-general appointed by the crown and a grand council chosen by the colonial legislatures; each colony to have

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"That their business shall be to hear and adjust all matters of Complaint or difference between Province and Province. As, 1st, where persons quit their own Province and goe to another, that they may avoid their just debts, tho they be able to pay them, 2nd, where offenders fly Justice, or Justice cannot well be had upon such offenders in the Provinces that entertaine them, 3dly, to prevent or cure injuries in point of Commerce, 4th, to consider of ways and means to support the union and safety of these Provinces

In

against the publick enemies.
which Congresse the Quotas of men
and charges will be much easier, and
more equally sett, then it is possible
for any establishment made here to
do; for the Provinces, knowing their
own condition and one another's can
debate that matter with more freedome
and satisfaction and better adjust and
ballance their affairs in all respects
for their common safety." Preston's
Documents Illustrative of American
History, p. 147.

5 That called in 1711. Frothingham's Rise of the Republic, 3d ed., p. 119, note.

A complete list of those held up to 1748 may be found in Frothingham's Rise of the Republic, 3d ed., note to pp. 118, 119. See also ibid., p. 150.

7 New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, and Maryland.

two representatives, and none more than seven; the representation between those limits to be apportioned in accordance with the taxes paid by the constituencies. They might raise troops with officers nominated by the representatives of the crown, and confirmed by the grand council; but could not impress men in any colony without the consent of the legislature. They had the further power to make laws and levy "duties, imposts, or taxes"; the laws to be not repugnant to the laws of England, and to be subject to the veto of the King in council.

The scheme was rejected by all the colonial assemblies to which it was proposed, as strengthening too highly the prerogative. The Board of Trade refused approval because it was too democratic.8

The Stamp Act was the cause of the first actual step toward union. At the summons of Massachusetts, an "American Congress," consisting of delegates from the popular assemblies of nine colonies, met at New York, in October, 1765.10 Six of the colonies represented adopted a declaration of rights, and drew up petitions to King and Parliament which compelled the repeal of the obnoxious statute.

11

Seven years later, in imitation of a practice of Cromwell's army, committees of correspondence were formed to secure co-operation between the different parts of the thirteen colonies, to resist the aggressions of Great Britain.12

8 Frothingham's Rise of the Republic, 3d ed., pp. 146, 147. Curtis' Constitutional History of the United States, vol. i, p. 4, note 1. Subsequently, in 1788, Franklin said: "The different and contradictory reasons of dislike to my plan make me suspect that it was really the true medium; and I am still of opinion it would have been happy for both sides, if it had been adopted. The colonies so united would have been sufficiently strong to have defended themselves; there would have been no need of troops from England; of course the subsequent pretext for taxing America, and the bloody contest it occasioned, would have been avoided. But such mistakes are not new; history is full

of the errors of states and princes." Life of Franklin by Sparks, vol. i, p. 178. The plan is republished in Preston's Documents Illustrative of American History, pp. 170-187.

9 The resolution was moved by James Otis in the House of Representatives.

10 Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina. The delegates of New York, South Carolina, and Connecticut were not authorized to join in the declaration and petitions.

11 See Lilburne's advice to the army, infra, Appendix to this chapter, page 54.

12 The first suggestion reported is

The first Continental Congress met Sept. 5, 1774. It had been recommended by Franklin the year before. In April, 1774, members of the Virginia House of Burgesses, after their formal dissolution by the Governor, had organized as a committee, and advised the committees of correspondence to confer as to the expediency of another Congress. Some of its delegates were elected by popular conventions; others by the popular houses of the legislatures; others by county committees; a few by immediate popular vote.13 The instructions given to the delegates by their constituents were various. The delegates from New York and New Jersey were simply instructed" to represent" those colonies. The instructions of the others were in general confined to the adoption of such measures as might extricate the colonies from their present difficulties and obtain the repeal of the obnoxious acts of Parliament. The delegates of South Carolina were by their instructions expressly confined to agreeing to "legal measures." 14 This Con

the resolution of Samuel Adams at a Boston town meeting, in November, 1772, for the appointment of such a town committee.

66

13 The delegates in the Congress of 1774 from New Hampshire were appointed by a Convention of Deputies chosen by the towns, and received their credentials from that convention. In Rhode Island they were appointed by the General Assembly and commissioned by the governor. In Connecticut they were appointed and instructed by the Committee of Correspondence for the Colony, acting under authority conferred by the House of Representatives. In New York the mode of appointment was various. In the City and County of New York the delegates were elected by popular vote taken in seven wards. The same persons were also appointed to act for the counties of West Chester, Albany and Duchess, by the respective committees of those counties; and another person was appointed in the same manner for the county of Suffolk. The New York

delegates received no other instruc-
tions than those implied in the certi-
ficates, to attend the Congress and
to represent' the county designated.
In New Jersey the delegates were
appointed by the committees of coun-
ties, and were simply instructed 'to
represent' the colony. In Pennsylvania
they were appointed and instructed
by the House of Assembly. In the
counties of New Castle, Kent, and
Sussex-on-Delaware delegates were
elected by a convention of the free-
men assembled in pursuance of cir-
cular letters from the Speaker of the
House of Assembly. In Maryland the
appointment was by committees of
the counties. In Virginia it was by
a popular convention of the whole
colony. In South Carolina it was by
the House of Commons. Georgia was
not represented in this Congress."
In Massachusetts they were appointed
by the House of Representatives.
Curtis' Constitutional History of the
United States, vol. i, p. 8, note 2.
14 Journals, i, 2-9.

gress adopted a declaration of rights and the Non-importation Association, subscribed by each member on behalf of himself and the colony which he represented; and then dissolved, after recommending that another congress be called to meet at Philadelphia in the following year.15 The second Continental Congress assembled at Philadelphia, May 10, 1775. The delegates were mostly chosen by popular conventions; but in some cases by the lower houses of the colonial legislatures, with subsequent ratifications by conventions.16 Some credentials granted authority to consent and agree to all such measures as the Congress should deem necessary and effectual to obtain a redress of American grievances. Others were more moderate in their language. After their election the battle of Lexington was fought. Thereupon the Congress, with the consent of the people, assumed revolutionary powers, which were limited merely by their ability to carry them into effect. The first resolution of the first Continental Congress was:

"That in determining questions in Congress, each colony or province shall have one vote; the Congress not being possessed of, or at present able to procure, proper materials for ascertaining the importance of each colony." 17

The larger States were never able to procure an alteration of this rule.

The second Continental Congress organized an army; issued a continental currency; established a treasury department and postoffice; raised a navy; licensed privateers; and in answer to applications from the people of four colonies,18 advised them what forms of government to institute. They also gave recommendations to the people of the respective colonies as to the manner in which they should treat adherents to the King; and adopted the Declaration of Independence.19

15 This has been considered the beginning of the Union. Hildreth's History of the United States, vol. i, p. 43; Lincoln's Inaugural. Both papers are reprinted in Preston's Documents, pp. 192-205.

16 Curtis'

Constitutional History of the United States, vol. i, p. 18.

17 September 6, 1774. Journals, vol.

i, p. 10. Towle's History and Analysis
of the Constitution, 3d ed.,
p. 48.
18 Massachusetts, New Hampshire,
Virginia and South Carolina.

19 See Penhallow v. Doane's Admrs. 3 Dallas, 54, 111. Money was raised by loans and the issue of the Continental currency.

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