De facto government

The First Continental Congress had sent entreaties to King George III to stop the Intolerable Acts. They also created the Continental Association to establish a coordinated protest of these acts, boycotting British goods in protest to them. The Second Continental Congress met on May 10, 1775, to plan further responses if the British government did not repeal or modify the acts; however, the American Revolutionary War had started by that time with the Battles of Lexington and Concord, and the Congress was called upon to take charge of the war effort.

For the first few months of the Revolutionary War, the patriots carried on their struggle in a largely ad-hoc and uncoordinated manner. Even so, they had numerous successes, seizing numerous British arsenals, driving royal officials out of several colonies, and launching the Siege of Boston in order to prevent the movement by land of British troops stationed there. On June 14, 1775, the Second Continental Congress voted to create the Continental Army out of the militia units around Boston, and the next day unanimously approved a motion naming George Washington of Virginia as its commanding general.^[5][6]

On July 6, 1775, Congress approved a Declaration of Causes outlining the rationale and necessity for taking up arms in the Thirteen Colonies. Two days later, delegates signed the Olive Branch Petition to King George III affirming the colonies' loyalty to the crown and imploring the king to prevent further conflict. However, by the time British Colonial Secretary Lord Dartmouth received the petition, King George III had already issued a proclamation on August 23, 1775, in response to the Battle of Bunker Hill, declaring elements of Britain's continental American possessions to be in a state of what he called an "open and avowed rebellion". As a result, the king refused to receive the petition.^[7]

Georgia had not participated in the First Continental Congress and did not initially send delegates to the Second. But with the Revolutionary War escalating, the residents of St. John's Parish in present-day Liberty County sent Lyman Hall to the gathering in Philadelphia on their behalf.^[8] He participated in debates but did not vote, as he did not represent the entire colony.^[9] That changed after July 1775, when a provincial Congress decided to send delegates to the Continental Congress and to adopt a ban on trade with Britain.^[4]

The Continental Congress had no explicit legal authority from the British to govern,^[10] but it assumed all the functions of a national government, including appointing ambassadors, signing treaties, raising armies, appointing generals, obtaining loans from Europe, issuing paper money called "Continentals", and disbursing funds. Congress had no authority to levy taxes and was required to request money, supplies, and troops from the states to support the war effort. Individual states frequently ignored these requests.

Congress was moving towards declaring independence from the British Empire in 1776, but many delegates lacked the authority from their home governments to take such drastic action. Advocates of independence moved to have reluctant colonial governments revise instructions to their delegations, or even replace those governments which would not authorize independence. On May 10, 1776, Congress passed a resolution recommending that any colony with a government that was not inclined toward independence should form one that was. On May 15, they adopted a more radical preamble to this resolution, drafted by John Adams, which advised throwing off oaths of allegiance and suppressing the authority of the Crown in any colonial government that still derived its authority from the Crown. That same day, the Virginia Convention instructed its delegation in Philadelphia to propose a resolution that called for a declaration of independence, the formation of foreign alliances, and a confederation of the states. The resolution of independence was delayed for several weeks, as advocates of independence consolidated support in their home governments.

On June 7, 1776, Richard Henry Lee offered a resolution before the Congress, declaring the colonies independent. He urged Congress to resolve "to take the most effectual measures for forming foreign Alliances" and to prepare a plan of confederation for the newly independent states.^[11] Lee argued that independence was the only way to ensure a foreign alliance since no European monarchs would deal with America if they remained Britain's colonies. American leaders had rejected the divine right of kings in the New World, but recognized the necessity of proving their credibility in the Old World.^[12]

Congress formally adopted the resolution of independence, but only after creating three overlapping committees to draft the Declaration, a Model Treaty, and the Articles of Confederation. The Declaration announced the states' entry into the international system; the model treaty was designed to establish amity and commerce with other states, and the Articles of Confederation established "a firm league" among the thirteen free and independent states. These ^[3]three things together constituted an international agreement to set up central institutions for conducting vital domestic and foreign affairs.^[11] Congress finally approved the resolution of independence on July 2, 1776. They next turned their attention to a formal explanation of this decision, the United States Declaration of Independence which was approved on July 4 and published soon thereafter.

Provisional government

The Congress moved to Baltimore in the winter of 1776–77 to avoid capture by British forces who were advancing on Philadelphia. Henry Fite's tavern was the largest building in Baltimore at the time and provided a comfortable location of sufficient size for Congress to meet. Its site at the western edge of town was beyond easy reach of the British Royal Navy's ships should they attempt to sail up the harbor and the Patapsco River to shell the town. Congress was again forced to flee Philadelphia at the end of September 1777, as British troops seized and occupied the city; they moved to York, Pennsylvania, where they continued their work.

Congress passed the Articles of Confederation on November 15, 1777, after more than a year of debate, and sent it to the states for ratification. Approval by all 13 states was required for the establishment of the constitution. Jefferson's proposal for a Senate to represent the states and a House to represent the people was rejected, but a similar proposal was adopted later in the United States Constitution. One issue of debate was large states wanting a larger say, nullified by small states who feared tyranny. The small states prevailed, and each state was afforded one vote.^[13] Another revolved around the issue of western land claims; states without such claims wanted those with claims to yield them to Congress. As written, western land claims remained in the hands of the individual states. Congress urged the states to give their assent quickly, and most did.^[14] The first to ratify was Virginia on December 16, 1777; 12 states had ratified the Articles by February 1779, 14 months into the process.^[15] The lone holdout, Maryland, finally ratified the Articles on February 2, 1781, doing so only after Virginia relinquished its claims on land north of the Ohio River to Congress.^[14]

Primary sources

• Burnett, Edmund Cody, ed. Letters of members of the Continental Congress (8 vol. Carnegie institution of Washington, 1921–1936) . online; also online edition
• Library of Congress, ed. Journals of the Continental Congress [=mediatype%3A%22texts%22 online]; also see table of contents
• Force, Peter (ed.). American Archives. Northern Illinois University Libraries. Archived from the original on February 6, 2007.
• Smith, Paul H., et al. eds. Letters of Delegates to Congress, 1774–1789 (24 volumes, (Washington, Library of Congress, 1978)