Says Story: "Perhaps the best summary of the rights and liberties asserted by all the colonies is contained in the celebrated declaration drawn up by the Congress of nine colonies assembled at New York in October, 1765 (Stamp Act Congress). That declaration asserted that the colonists 'owe the same allegiance to the Crown of Great Britain that is owing from his subjects born within the realm, and all due subordination to that august body, the parliament of Great Britain.' That the colonists are entitled to all the inherent rights and liberties of his (the King's) natural born subjects within the kingdom of Great Britain. That it is inseparably essential to the freedom of a people, and the undoubted rights of Englishmen, that no taxes be imposed on them but with their own consent given personally or by their representatives.' That the 'people of the colonies are not, and from their local circumstances cannot be represented in the House of Commons of Great Britain. That the only representatives of these colonies are persons chosen by themselves therein; and that no taxes ever have been or can be constitutionally imposed upon them but by their respective legislatures, and that trial by jury is the inherent and invaluable right of every British subject in these colonies.""

In opposition to these views, the English government held that Parliament had the authority to bind the colonies in all matters whatsoever, and that there were no vested rights possessed by the colonies, that could not be altered or annulled if Parliament so desired.

At the beginning of the Revolutionary War, complete independence was not claimed by the colonies. It was not until July 4, 1776, that they were driven to a declaration of full and entire independence and self-government. By this declaration the colonies threw off their colonial character, and assumed the position of states. This they did by simply taking into their own hands the powers previously exercised by

1 Commentaries, Vol. I, p. 175.

the English King and Parliament. In the state constitutions which many colonies formed during the year, their old colonial forms of government were closely followed. Connecticut and Rhode Island, in fact, merely declared their allegiance to England absolved, and retained unchanged their old charters as their fundamental law. In Connecticut no other state constitution was adopted until 1818, nor in Rhode Island until 1842.

CHAPTER V.

STEPS TOWARD UNION.-ARTICLES OF CONFEDERATION.

Previous to 1774 the thirteen English colonies in America had had no political or governmental connection with each other. Any attempt on their part to unite without the consent of the English King or Parliament would have been considered an act beyond their powers and as insubordination towards the English government.

New England Confederation.-In 1643 there was formed a union of the four colonies of Connecticut, New Hampshire, Plymouth, and Massachusetts Bay, termed the "New England Confederation," which lasted forty years; but this was merely a union for mutual protection against their common foes, the French, the Dutch, and the Indians, and not for joint legislation or government. It was a defensive alliance.

The Albany Convention.-(Franklin's Plan.) In 1754, however, there was held a meeting of the colonies of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, and Maryland, called the "Albany Convention," in which was proposed a union of all the colonies under one government. Benjamin Franklin, the chief promoter of this scheme, drew up an elaborate constitution which was to be adopted. According to this plan there was to be a chief executive, elected by the king, and a council of 48 members, to be chosen by the legislatures of the several colonies. This scheme failed to obtain either the consent of the king or of the colonies themselves. It was too much of a union to suit the king, and not enough for the colonies.

The Stamp Act Congress.-The indignation aroused by the attempt of England to tax her colonies without allowing them a voice in the Parliament which imposed such taxes, gave rise in 1765 to a meeting of delegates from eight of the colonies. This assembly was called the "Stamp Act Congress." The obnoxious Stamp Act was repealed, but England continued to impose other taxes.

First Continental Congress.-An invitation was sent out by Virginia to all the colonies, calling a meeting of delegates to consider what could be done by their united action to resist their common grievance. Thus met the "First Continental Congress" in 1774, in which all the colonies but Georgia were represented. This Congress adopted a declaration of rights. and grievances. The colonies maintained that as long as they were unrepresented in the English legislature (Parliament), taxes should be imposed only by their own legislatures; also, that they were entitled to the rights, liberties, and immunities of free, natural-born subjects within the realm of England.

The Second Continental Congress.-On May 10, 1775, assembled the Second Continental Congress, in which all the thirteen colonies were represented. The battle of Lexington had then been fought, and blood had been shed. Though the colonies had as yet no intention of throwing off all connection with England, they were now prepared to resist with arms any invasion of their rights. The work performed by this body has been concisely and forcibly stated by Schouler. He says: "Thus originated that remarkable body known as the Continental Congress, which, with its periodical sessions and frequent changes of membership, bore for fifteen years the symbols of Federal power in America; which, as a single house of deputies acting by Colonies or States, and blending with legislative authority, imperfect executive and judicial functions, raised armies, laid taxes, contracted a

Hist. U. S., Vol. I, p. 13.

common debt, negotiated foreign treaties, made war and peace; which, in the name and with the assumed warrant of the thirteen colonies, declared their independence of Great Britain, and by God's blessing accomplished it; which, having framed and promulgated a plan of general confederation, persuaded these same thirteen republics to adopt it, each making a sacrifice of its sovereignty for the sake of establishing a perpetual league, to be known as the United States of America, a league preserved until in the fulness of time came a more perfect Union."

The acts of this Congress were the first legislative acts by the joint action of the colonies.

The Second Continental Congress was essentially a revolutionary body. That is to say, the authority for its acts rested upon no definite grant of powers by the colonies, but was assumed by it to meet the crisis of war. Properly speaking, it could hardly be called a government. It was more in the nature of a directing advisory committee. Its commands possessed a recommendatory character only, and it was entirely without executive officers, or legal control over either individuals or the colonies.

The Articles of Confederation.-A stronger central power than that afforded by the Continental Congress was seen to be a necessity. Accordingly, in 1777, there was drawn up a scheme of union embraced in a paper termed "The Articles of Confederation." These articles, though adopted as early as 1777, did not go into effect until 1781, the provision being that they should not be considered as in force until ratified by all the colonies, and several refused to ratify until all state claims to western territory were relinquished in favor of the National Government.

Elements Tending to Separation and Those Tending to Union. We must remember that this was a union of thirteen previously separate colonies. The facts which had tended to keep them apart had been the difficulty of travel and communication between the colonies, the lack of