Thursday, March 4, 2021

The Continental Congresses: The backstory of the United States Congress



“An act for granting and applying certain stamp duties, and other duties, in the British colonies and plantations in America, towards further defraying the expenses of defending, protecting, and securing the same; and for amending such parts of the several acts of parliament relating to the trade and revenues of the said colonies and plantations, as direct the manner of determining and recovering the penalties and forfeitures therein mentioned.”

– Long title of the “Duties in American Colonies Act 1765” (better known as the “Stamp Act”), as passed by the Parliament of Great Britain

Albany Congress (1754) is formed in the year that the French and Indian War began

In 1754, a war broke out in British North America, a war that Americans know as the “French and Indian War.” This war would eventually lead to a worldwide conflict known as the “Seven Years’ War,” which would break out two years later in 1756. But something else happened in 1754 that might not have seemed particularly important at the time. A number of the British colonies in North America sent delegates to the “Albany Congress of 1754.” This is the first of several Congresses that would eventually lead to the creation of the United States Congress. The Albany Congress met for only one month. During this time, representatives met daily at the City Hall to discuss a number of important issues. Among these were better relations with the Native American tribes, and common defensive measures against the French threat from Canada – since the “French and Indian War” meant that British North America was now at war with both France and its overseas colonies in Canada.


The Albany Congress, 1754

Parliament passes the Stamp Act (1765), which leads to the Stamp Act Congress (1765)

The French and Indian War began in 1754, but the worldwide conflict known as the “Seven Years’ War” did not begin until 1756 (or so Americans remember it). When it began, the “French and Indian War” (as Americans call it) became the North American theater of this larger worldwide conflict. But when Britain and France later made peace with each other in 1763, both this larger conflict and its North American portion were over. Things might have seemed like they would remain peaceful. But in 1765, Britain passed the Stamp Act (cited earlier), which enacted taxes on stamps in North America. In the thirteen colonies, these stamps would be required for legal documents, playing cards, calendars, newspapers, and dice. The colonies were not happy about these taxes, since they were being passed by a Parliament in which the colonists were not represented. It is true that these taxes were not very large, but the actual amount of the tax was never the issue. The issue was whether the British Parliament had any right to tax the colonies to begin with, when the colonies were not represented in the body that was taxing them. I doubt that the British people of today would put up with being taxed by the United States Congress, since they have no representation in it. In a similar way, colonists were not about to put up with being taxed by Parliament, and thus organized the Stamp Act Congress in 1765.


1d Stamp Act of 1765 proof

The Stamp Act was repealed, only to be replaced with the Declaratory Act (1766)

Some British folks have objected to what they call the “extralegal” nature of these Congresses. But one should note that these earliest Congresses did not have the “legal power” of the kind that this argument assumes. This meant that they could not pass actual laws that were binding upon the colonies, let alone upon the mother country. In this case, they just organized some opposition to the Stamp Act, which was thus repealed soon after in Parliament, despite British objections to the so-called “extralegal” nature of the Stamp Act Congress. This was a great victory for the American colonies, but the British Parliament then passed a face-saving nature on the same day. I refer to the Declaratory Act 1766, which said that the Parliament had the right to make laws for the colonies “in all cases whatsoever.” (Source: Text of the act) It may have been adopted merely to save face, but it sounded an ominous menace to the ears of the American colonists. Where would Parliament’s encroachments upon their liberties be likely to end, if the Parliament could bind the colonies “in all cases whatsoever”? Such language was chilling to the American colonists.


Boston Tea Party, 1773

Boston Tea Party and Intolerable Acts lead to the First Continental Congress (1774)

Parliament soon taxed the colonies again with the Tea Act 1773 (a duty on imported British tea). This was met by the Boston Tea Party of 1773. In this Boston Tea Party, colonists dressed as Native Americans raided the merchant ships anchored in the port of Boston, and dumped much of their tea overboard. The actual act of dumping the tea was nowhere near as important as the gesture involved, which sent a clear message of defiance to the British Parliament. Parliament soon responded with punitive laws that the British know as the “Coercive Acts,” and that the Americans know as the “Intolerable Acts.” The Americans responded with yet another Congress in 1774. It is now known as the “First Continental Congress.” It organized a boycott on British goods, and sent a “Petition to the King” to help to repeal the Intolerable Acts (since they had to be repealed by Parliament). They also listed a number of their objections to what they called the “Intolerable Acts.”


First Continental Congress (1774)

First shots of the American Revolution lead to the Second Continental Congress …

On April 19th, 1775, the first shots of the American Revolution were fired at Lexington and Concord. Soon after, the next of these Congresses met, which was the more famous “Second Continental Congress.” It began to meet in 1775. It sent an Olive Branch Petition to the King to stop his aggressive actions. It also passed other resolutions, such as the “Committee of Secret Correspondence” and the “Necessity of Taking Up Arms.”


Interior of Independence Hall

… which passes the Declaration of Independence (July 4th, 1776) and other laws

But the most important action that it took was the Declaration of Independence, which included the earlier language of the “Lee Resolution.” The most important clause of the Declaration of Independence was as follows: “We, therefore, the representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies solemnly publish and declare, That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all allegiance to the British crown and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.” (Source: Declaration of Independence, July 4th, 1776) Other legislation passed by the “Second Continental Congress” included the “Model Treaty,” and the “Court of Appeals in Case of Capture.”


John Trumbull’s “Declaration of Independence

“Articles of Confederation” (1781) lead to the new “Congress of the Confederation”

But the most important legislation passed by this “Second Continental Congress” after declaring independence was called the “Articles of Confederation and Perpetual Union.” This is sometimes known as the first constitution of the United States. It was deeply flawed, though, perhaps partly because of the wartime hurry in which it was drafted. It was actually approved by the Second Continental Congress as early as 1777, but it was not ratified until 1781. Thus, it was not replaced by the new “Congress of the Confederation” until March 1st, 1781. The war was still going on at that point, and would continue for another two years. During the war, the “Congress of the Confederation” passed the “Bank of North America Act.” After the war, it would pass two Land Ordinance Acts in 1784 and 1785, and the “Northwest Ordinance of 1787.” But the Congress of the Confederation was deeply flawed, as mentioned earlier.


Articles of Confederation and Perpetual Union (1781)

The weaknesses in these “Articles of Confederation” lead to a new Constitution (1787) …

One of the most crucial weaknesses of the “Articles of Confederation” was that it had only one branch of government, which was the Congress. Equally importantly, that Congress consisted of only one house – as all of the prior Congresses mentioned here had been doing all this time. Thus, there was a need for some radical changes at this point, and the states met to discuss them at Annapolis in 1786. But this Annapolis Convention did not get off the ground, so they met for a second convention at Philadelphia in 1787. This is the one better known today simply as the “Constitutional Convention.” When it concluded after four long months, the product was the new United States Constitution, signed on September 17th of that year. This created the new “United States Congress” that we know today, which has been meeting ever since that time. It also instituted three branches of government, including a brand-new executive branch and a brand-new judicial branch. But there was one other major change pertaining to the Congress, which was that the Congress was now finally divided into two houses, as the British Parliament had been since 1341. In the words of the Constitution itself, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” (Source: Article 1, Section 1) One house would have proportional representation, while the other would have equal representation. (More on that compromise here.)


Constitutional Convention at Philadelphia (1787)

… and the United States Congress that we know today (which has been meeting since 1789)

The backstory of the Congress might seem unimportant, or at least uninteresting. But it is partially the story of the American Revolution, of both its causes and its effects. It is the story of the Stamp Act, the Intolerable Acts, and the American Revolutionary War. It is the story of declaring independence, the first attempt at a national government, and the groundbreaking Constitution that ultimately succeeded where the others had failed. The story of the Congress may be at the heart of who we are as Americans.


United States Capitol

“All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation.”

The United States Constitution (1787), Article 6, Section 1 – which thus recognized the “confederation” as the Constitution’s most immediate predecessor

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