Formation of the Union

A >> Albert Bushnell Hart >> Formation of the Union

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[Sidenote: National diplomacy.]
[Sidenote: Other national powers.]

In other directions the Continental Congress showed similar energy.
November 29, 1775, "a Committee of Correspondence with our friends abroad"
was ordered, and thus began, the foreign relations of the United States of
America. National ambassadors were eventually sent out; no colony presumed
to send its own representative across the sea; foreign affairs from this
time on were considered solely a matter for the Continental Congress. In
like manner, Congress quietly took up most of the other matters which had
been acknowledged up to this time to belong to the home government.
Congress assumed the control of the frontier Indians, till this time the
wards of England. The post-national office had been directed by English
authority; Congress took it over. The boundaries and other relations of
the colonies had been strictly regulated by the home government; Congress
undertook to mediate in boundary disputes. Parliament had controlled
trade; Congress threw open American ports to all foreign nations, and
prohibited the slave-trade. In financial matters Congress went far beyond
any powers ever exercised by England. June 22 it ordered an issue of two
million dollars in continental paper currency, and subscriptions to
national loans were opened both at home and abroad.

[Sidenote: Basis of national authority.]

This assumption of powers is the more remarkable since their exercise by
England had caused the Revolution. The right to raise money by national
authority, the right to maintain troops without the consent of the
colonies, and the right to enforce regulations on trade,--these were the
three disputed points in the English policy of control. They were all
exercised by the Continental Congress, and accepted by the colonies. In a
word, the Continental Congress constituted a government exercising great
sovereign powers. It began with no such authority; it never received such
authority until 1781. The war must be fought, the forces of the people
must be organized; there was no other source of united power and
authority; without formally agreeing to its supremacy, the colonies and
the people at large acquiesced, and accepted it as a government.

[Sidenote: Organization of the government.]

For the carrying out of great purposes Congress was singularly
inefficient. The whole national government was composed of a shifting body
of representatives elected from time to time by the colonial or State
legislatures. It early adopted the system of forming executive committees
out of its own number: of these the most important was the Board of War,
of which John Adams was the most active member. Later on, it appointed
executive boards, of which some or all the members were not in Congress:
the most notable example was the Treasury Office of Accounts. Difficult
questions of prize and maritime law arose; and Congress established a
court, which was only a committee of its own members. In all cases the
committees, boards, or officials were created, and could be removed, by
Congress. The final authority on all questions of national government in
all its forms was simply a majority of colonies or States in the
Continental Congress.

38. INDEPENDENCE DECLARED (1776).

[Sidenote: Tendency towards independence.]

Under the direction of Congress and the command of General Washington the
siege of Boston was successfully pushed forward during the winter of 1775-
76. From the beginning of the struggle to this time two political currents
had been running side by side,--the one towards a union of the colonies,
the other towards independence. Of these the current of union had run a
little faster. Notwithstanding the authority which they had set over
themselves, the colonies still professed to be loyal members of the
British empire. To be sure, there is a strong smack of insincerity in the
protestations poured forth by the assemblies and the second Continental
Congress. But John Adams says: "That there existed a general desire of
independence of the Crown in any part of America before the Revolution, is
as far from the truth as the zenith is from the nadir." Yet Patrick Henry
declared as early as September, 1774. that "Government is dissolved.
Fleets and armies and the present state of things show that government is
dissolved. We are in a state of nature, sir.... All America is thrown into
one mass."

[Sidenote: Hesitation.]
[Sidenote: Suggestion of independence.]

From the moment that the Second Continental Congress had ordered the
colonies to be put in a state of defence, either independence must come,
or thee colonies must submit. No far-seeing man could expect that England
would make the concessions which the colonies declared indispensable. Yet
for more than a year Congress hesitated to declare publicly that the
Americans would not return to obedience. As forgiving and loyal subjects
of a king misled by wicked advisers, they still seemed supported by
precedent and acting on the rights of Englishmen. Suggestions were made
throughout 1775 looking towards independence Thus the New Hampshire
Revolutionary Convention declared that "the voice of God and of nature
demand of the colonies to look to their own political affairs." In May,
1775, came the resolutions of a committee of Mecklenburg County, North
Carolina. In declaring that the government of the colonies had ceased to
exist, they were probably not different in spirit from many other
resolutions passed by like bodies. On July 8, 1775, Congress sent its last
formal petition to the Crown. In it "Your Majesty's faithful subjects" set
forth "the impossibility of reconciling the usual appearance of respect
with a just Attention to our own preservation against those artful and
cruel Enemies who abuse your royal Confidence and Authority for the
Purpose of effecting our destruction." Congress was determined to wait
until the petition had been received. On the day when it was to have been
handed to the king, appeared a royal proclamation announcing that open and
armed rebellion was going on in America.

[Sidenote: Congress determined.]

The news of the fate of the petition reached Philadelphia on October 31.
The hesitation of Congress was at an end. Three days later it resolved to
recommend the people of New Hampshire to establish their own government.
The next day similar advice was given to South Carolina, with the promise
of continental troops to defend the colony. Here for the first time was an
official recognition of the fact that the colonies stood no longer under
English control. It was an assertion that independence existed, and the
steps towards a formal declaration were rapid.

[Sidenote: Independence decided on.]
[Sidenote: Declaration of Independence.]
[Sidenote: Rights of man.]

In this as in other similar crises Congress waited to find out the wish of
the colonial legislatures. By May 15, 1776, the opinion of so many
colonies had been received in favor of a declaration of independence that
Congress voted, "That it is necessary that the exercise of every kind of
authority under the Crown of Great Britain should be totally suppressed."
Congress was now committed; and during the next few weeks the form of the
declaration was the important question for discussion. Throughout the
country, resolutions in favor of independence were passed by legislatures,
conventions, and public meetings. On July 4, 1776, Congress adopted a
solemn Declaration of Independence. Like the statement of grievances of
1765 and the declaration of 1774, this great state paper, drawn by the
nervous pen of Thomas Jefferson, set forth the causes of ill-feeling
toward Great Britain. First comes a statement of certain self-evident
truths, a reiteration of those rights of man upon which Otis had dwelt in
his speech of 1761. Then follows an enumeration of grievances put forward
in this crisis as their justification in the face of the world; yet of the
twenty-nine specifications of oppressive acts, not more than five were
manifestly illegal according to the prevailing system of English law. So
far as the Declaration of Independence shows, liberality and concession on
the part of England might even then have caused the Revolution to halt.

[Sidenote: Assertion of independence.]

Another part of the Declaration is a statement that "These United Colonies
are free and independent states, dissolved from all allegiance to Great
Britain, and have the powers of sovereign states." In form and spirit this
clause does not create independent states, but declares that they are
already independent. Independence in no wise changed the status or
character of the Continental Congress: it continued to direct military
operations and foreign negotiations, to deal with the Indians, and to
regulate national finances. The immediate effect of the Declaration of
Independence was that it obliged every American to take sides for or
against the Revolution. No one could any longer entertain the delusion
that he could remain loyal to Great Britain while making war upon her. It
was, therefore, a great encouragement to the patriots, who speedily
succeeded, in most colonies, in driving out or silencing the loyalists.
There is a tradition that another member of Congress said to Franklin at
this time, "We must all hang together." "Yes," replied Franklin, "we must
all hang together, or we shall all hang separately."

39. NEW STATE GOVERNMENTS FORMED (1775-1777).

[Sidenote: Is the Union older than the States?]
[Sidenote: Revolutionary governments.]

A practical result of the Declaration of Independence was that from that
day each colony assumed the name of State; and the union changed its name
of "The United Colonies" to the proud title of "The United States of
America." Were the new States essentially different from the colonies?
This is one of the insoluble questions connected with the formation of the
Union. Calhoun later declared that the Declaration of Independence changed
the colonies from provinces subject to Great Britain to States subject to
nobody. Lincoln in his message of July 4, 1861, said that "The Union gave
each of them whatever of independence and liberty it has. The Union is
older than any of the States, and in fact it created them as States." That
the States did not regard independence as freeing them from their relation
to Congress may be seen from the fact that their new governments were
formed under the direction or with the permission of Congress. The
outbreak of the Revolution in 1775 had suddenly destroyed the
constitutional governments with which the colonies were familiar.
Everywhere courts were prevented from sitting, and governors were impeded
or driven out. In order to organize resistance and also to carry out the
ordinary purposes of government, in each colony there arose a
revolutionary and unauthorized body, known as the Provincial Convention,
or Provincial Congress, which took upon itself all the powers of
government. The new arrangement was unsatisfactory to a people accustomed
to orderly government and to stable administrations. They turned to
Congress for advice. At first Congress suggested only temporary
arrangements. In November, 1775, it encouraged the colonies to form
permanent organizations, and on May 10, 1776, it advised them all to
"adopt such governments as shall ... best conduce to the happiness and
safety of their constituents in particular, and America in general."

[Sidenote: State constitutions.]

Acting under these suggestions, the colonies had already begun before July
4, 1776, to draw up written instruments of government. In two States,
Connecticut and Rhode Island, the old charters were so democratic that
with a few slight changes of phraseology they were sufficient for the new
conditions. In all other colonies the opportunity was taken to alter the
familiar machinery. The Provincial Conventions, or, in one case, a special
Constitutional Convention, drew up a constitution and put it into force.
Since the governor had been unpopular, in several cases his place was
supplied by an executive council. The courts were reorganized on the old
basis, and the judges were left appointive. The first constitution to be
formed was that of New Hampshire. January 5, 1776, the Provincial Congress
voted "to take up civil government as follows." By 1777, nine other new
constitutions had thus been provided. They mark an epoch in the
constitutional history of the world. The great English charters and the
Act of Settlement were constitutional documents; but they covered only a
small part of the field of government. Almost for the first time in
history, representatives of the people were assembled to draw up
systematic and complete constitutions, based on the consent of the
governed.

[Sidenote: Constitution of Massachusetts.]

Singularly enough, the last State to form a definite constitution was
Massachusetts. Till 1776, that colony claimed to be acting under a charter
which England was ignoring. The General Court then chose councillors of
its own to act as an executive. Dissensions broke out, and a considerable
body of the people of Berkshire County repudiated this government and
demanded a new constitution. In 1780 a constitution was drafted by a
convention assembled solely for that purpose, and, for the first time in
the history of America, the work of a convention was submitted for
ratification by a popular vote.

40. THE FIRST PERIOD OF THE WAR (1775-1778).

[Sidenote: British military policy.]

Two policies presented themselves to the British government at the
beginning of the war. They might have used their great naval strength
alone, blockading the coast and sealing every harbor; thus the colonies
would be cut off from the rest of the world, and allowed to enjoy their
independence until they were ready to return to their allegiance. The
alternative of invasion was chosen; but it was useless, with the forces
available, to occupy any considerable part of the interior. By threatening
various parts of the coast, the Americans could be obliged to make many
detachments of their few troops. By occupying the principal towns, such as
Newport, New York, Philadelphia, Charleston, and Savannah, the centres of
resistance could be broken up, the loyalists encouraged, and bases
established, from which the main American armies were to be reached and
destroyed. On the sea the navy was to be used to ruin American commerce
and to prevent the importation of supplies.

[Sidenote: American military policy.]

The policy of the Americans was, not to attempt to defend the whole coast,
but to keep as large a number of troops as they could raise together in
one body, as a substantial army; to defend their land communication from
New England to the South; and by standing ready for operations in the
field, to prevent the British from making any large detachments. They must
hold as much of their territory as possible, in order to prevent
defections; and they must take every advantage of their defensive
position, in order at length to hem in and capture the opposing armies on
the coast, as they did finally at Yorktown. The open gate through the
Hudson they strove to close early in the war by invasion of Canada. On the
sea all they could do was to capture supplies and destroy commerce, and by
the ravages of their privateers to inspire the enemy with respect.

[Sidenote: Plans frustrated.]

Neither party was able to carry out its plans. The British took all the
principal seaports, but were able to hold none, except New York, to the
end of the war. First Burgoyne and later Cornwallis made a determined
attempt to penetrate far into the interior, and both were captured. On the
other hand, the Americans could not shake off the main central army, and
there was danger to the very last that the British would beat them in one
pitched battle which would decide the war.

[Sidenote: Campaign of 1776.]
[Sidenote: Princeton and Trenton.]

Military operations began with several surprises to the advantage of the
colonists. They took Ticonderoga and invested Boston before the British
government believed that a fight was impending. An expedition to Canada
failed in 1775-76, but Boston fell. Down to the day of the Declaration of
Independence the advantage was clearly with the colonists. The hard, stern
struggle of the war began in August, 1776, with the arrival of the British
in the harbor of New York. The Americans were attacked on Long Island, and
obliged to retreat across the river; when the militia were attacked on
that side Washington says: "They ran away in the greatest confusion,
without firing a shot." Eye-witnesses relate that "His Excellency was left
on the ground within eighty yards of the enemy, so vexed with the infamous
conduct of the troops that he sought death rather than life." The American
army with difficulty escaped northward, and Washington was obliged to
abandon the important line of the Hudson, and to retreat before the
British towards Philadelphia. The campaign of 1776 had gone against the
Americans. Suddenly out of the gloom and despair came two brilliant little
victories. Crossing the Delaware on Christmas night, 1776, Washington
struck and beat parts of the British forces at Trenton and Princeton. They
retired, and the patriots held Philadelphia during the winter.

[Sidenote: Campaign of 1777.]
[Sidenote: Steadfastness of the American army.]

In the spring of 1777 Howe transferred his troops by sea to the
Chesapeake, beat the Americans, occupied Philadelphia, and lay in that
city till the next year. It was a dear success. While the main British
force was thus withdrawn from New York, an attempt was made to pierce the
colonies from the northward. Burgoyne slowly descended during the summer
of 1777; but, unsupported by Howe, on October 17 he was obliged to
surrender his whole army at Saratoga. This victory roused the spirit and
courage of the new nation, and strengthened the hands of the envoys who
were begging for French alliance. It enabled Washington to maintain a
small army in winter quarters at Valley Forge, twenty miles from
Philadelphia. Whatever the early faults of American troops and officers,
they had learned to obey and to suffer as soldiers, patriots, and heroes.
At one time barely five thousand men were fit for duty. "Naked and
starving as they are." wrote Washington, "we cannot sufficiently admire
the incomparable patience and fidelity of the soldiers." With the first
days of the year 1778 came the darkest hour of the Revolution. The little
army, the indispensable hope, was beginning to thin out; the finances of
the country were desperate; nine hundred American vessels had been
captured; an apathy had fallen upon the country. Yet light was beginning
to dawn: Steuben, the German, had begun to introduce the discipline which
was to make the American army a new and powerful instrument; Lafayette had
brought the sympathy of France and his own substantial services; more than
all, during these dark days the American envoys were concluding the treaty
with France which was to save the Union.

41. FOREIGN RELATIONS (1776-1780).

[Sidenote: Interest of France.]
[Sidenote: English plan of reconciliation.]

From the beginning of the American struggle the French government had
looked on with interest and pleasure. The arrogance of England during the
previous war and during the negotiations of 1763 had excited a general
dislike throughout Europe. When, in June, 1776, Silas Deane appeared at
Paris as the American envoy, he found, not recognition, but at least
sympathy and assistance. Beaumarchais, a play-writer and adventurer, was
made an unofficial agent of France; and through him arms and supplies from
royal arsenals came into the hands of the Americans. More to the purpose,
money was placed at the disposal of the envoys. In 1776 a million francs
were thus secured; in 1777 two millions. The arrival of Franklin in Paris
in December, 1776, increased the American influence, and negotiations were
entered upon for a treaty. The English cabinet, understanding the danger
of a double war, made a last effort at reconciliation with the colonies.
In 1778 Lord North brought forward an act declaring that Parliament "will
not impose any duty, taxes, or assessment whatever ... in North America or
the West Indies, except only such duties as it may be expedient to impose
for the regulation of commerce, the net produce of such duties to be
always paid and applied to and for the use of the colony in which the same
shall be levied." The principle which had been so strenuously asserted by
the home government from 1765 to 1774 was now abandoned; it might
reasonably be expected that the violent acts of Massachusetts directed
against taxation would be forgiven. Commissioners were sent to America
with almost unlimited powers to remove the grievances of the colonies, and
to restore peace and concord.

[Sidenote: Alliance with France.]

Before they were appointed, a treaty of alliance had been made, Feb. 6,
1778, between the United States and France. With it went a treaty of
commerce, insuring reciprocal trade with France. The colonies, which in
1758 had been fiercely fighting the French as their hereditary enemies,
were now delighted at the prospect of their support. The peace commission
remained in America from June to October; but though they offered every
concession short of absolute independence, the Americans remained firm,
and entered with confidence on the campaign of 1778.

42. THE WAR ENDED (1778-1782).

[Sidenote: Stubbornness of George III.]
[Sidenote: Campaign of 1778.]

The European crisis was favorable to the Americans; the British government
had hitherto been unable to reduce them; the Germans would furnish no more
mercenaries; a strong minority in Parliament opposed the American war;
France had declared war in March, 1778, and Spain was about to follow.
Proper reinforcements could not be sent to America. The country cried out
for Pitt, who had declared himself positively against American
independence. The king resolutely refused. "No advantage to this country,
no personal danger to myself," said he, "can ever make me address myself
to Lord Chatham or to any other branch of the opposition." Pitt died on
May 11, and the chance of a statesmanlike policy disappeared. When the
French fleet, with four thousand troops, appeared in American waters in
July, 1778, Washington formed the hopeful plan of driving the British out
of the country. Philadelphia had been abandoned by Clinton, acting under
orders of the British government. Only two places were left in the
possession of the British,--New York city and Newport, Rhode Island. The
combined American and French expedition against Newport was a failure,
although, as Washington said, "it would have given the finishing blow to
British pretensions of sovereignty over this country."

[Sidenote: The war continued.]

Meanwhile, in England the king was imposing his relentless will upon a
ministry tired of the war, and upon the English people. It was the climax
of George the Third's effort to escape from the principle of Parliamentary
responsibility. "This country," he said, "will never regain a proper tone
unless ministers, as in the reign of King William, will not mind now and
then being in a minority." In April, 1779, Spain allied herself with
France, and the combined fleets of those two powers obtained the mastery
of the seas. Paul Jones, with a little fleet under an American commission,
captured two British men-of-war, almost in sight of the English coast.

[Sidenote: Southern campaign.]

A new plan was formed for an American campaign in 1779. Forces were
directed against Georgia and South Carolina,--States in which there were
many loyalists. Savannah was taken, Charleston was assailed, and the
expedition under Cornwallis penetrated far into North Carolina. Yet at the
end of 1780 the British held, besides New York, only the provinces of
South Carolina and Georgia. In September, 1780, Benedict Arnold all but
delivered to the hands of the enemy the important fortress of West Point.
He was weary of the struggle, and anxious to secure his own safety.

[Sidenote: Surrender of Yorktown.]

With renewed spirit the Americans in 1781 took the offensive in the
Carolinas under Greene. Cornwallis moved northward to the peninsula of
Yorktown. The moment had come. By a rapid movement of Washington's army
and the effective cooperation of the French fleet, Cornwallis was trapped
at Yorktown; and on Oct. 19, 1781, he surrendered, with eight thousand
men. It was the first decided victory which Washington had himself gained.
It made evident to England the hopelessness of continuing the contest; and
in November, 1782, peace was made.

[Sidenote: Reasons for American success.]

The Revolutionary war was successful because the English underestimated
the strength of the movement at the beginning, because the English
commanders were incapable, and because in the later period, when the
British were aroused, their strength was diverted by the dangerous
European war. It was gained finally by the firmness and resolution of the
people, and that resolution is typified in Washington. His patience and
endurance, his ability to hold in check large forces with small armies
imperfectly equipped, his power to keep the country up to the support of
the war, mark him as one of the world's great military commanders.

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