1775, 1776.] Independence declared. 79 The news of the fate of the petition reached Philadelphia on October 31. The hesitation of Congress was Congress at an end. Three days later it resolved to determined. 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. 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 Independence decided on. 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, reso Declaration dence. lutions in favor of independence were passed of Indepen- 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 Rights of man. 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 ac cording 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. Assertion of dence. Another part of the Declaration is a statement that "These United Colonies are free and independent states, dissolved from all allegiance to Great Britain, indepen- 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). 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 Is the Union older than the States? new States essentially different from the colonies? This is one of the insoluble questions connected with the for 1775-1777-] New State Governments. 81 In mation 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 Revolution- governors were impeded or driven out. order to organize resistance and also to carry ments. 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 gov. ernment. 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." ary govern State con Acting under these suggestions, the colonies had already begun before July 4, 1776, to draw up written instruments of government. In two States, stitutions. Connecticut and Rhode Island, the old char. ters were so democratic that with a few slight changes of phraseology they were sufficient for the new condi tions. 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. 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). Two policies presented themselves to the British government at the beginning of the war. They might have 1775-1779.] State Constitutions. The War. 83 used their great naval strength alone, blockading the coast and sealing every harbor; thus the colonies would be cut British mili- off from the rest of the world, and allowed tary policy. 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. American military 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 policy. 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. Neither party was able to carry out its plans. The British took all the principal seaports, but were able to |