The Second Continental Congress
Nature of Congress.—The Second Continental Congress which convened at Philadelphia on May 10, 1775, was a purely revolutionary body, a “creature of emergency.” In its inception it was in no sense a sovereign body, but was rather a great central committee, representing the revolutionary elements in the various colonies, which assumed the supreme directing power until 1781. The colonies had displayed no regularity in the method of selecting the delegates. The two New Hampshire delegates were chosen by a convention of deputies who had been appointed by various towns. The five delegates of Massachusetts were chosen by the provincial congress. The Rhode Island assembly chose two delegates, and the Connecticut house of representatives five. In New York twelve delegates were selected by a provincial convention. The five delegates from New Jersey were chosen by the assembly, as were the nine from Pennsylvania and the three from Delaware. In Maryland a meeting of deputies chose seven delegates, three or more of whom might represent the colony. In Virginia a convention of delegates selected seven. In North Carolina a convention chose three delegates who were approved by the assembly, and in South Carolina the assembly appointed five. Georgia at first was represented by a delegate from a single parish.
Original powers of the delegates.—The delegates were not empowered to perform sovereign acts, but were considered as a central revolutionary committee, which was to take such measures as would be best calculated to recover and establish American rights and liberties, restore harmony between Great Britain and her colonies, and advance the best interests of the colonies. As the revolutionary movement spread and acts of violence occurred, necessity forced Congress to perform many acts which were not contemplated in the original instructions of the delegates; but from first to last it was lacking in sovereign powers and was always the creature of the states.
Causes of the weakness of Congress.—The fundamental cause of the weakness of Congress was its lack of legal powers. When executive acts were necessary, the delegates were never certain that their joint action would be upheld by the states. Congress had no power to enforce its will, or to coerce an unruly state. Another source of weakness was the constantly changing personnel of Congress, the numbers varying from twenty-four to a hundred. Many of the strongest members were sent on foreign missions, leaving important work to be done by men who had had little experience in public affairs. Sectional jealousy frequently interfered with concerted action; the small states feared the larger ones; states holding no western lands were suspicious of those with such possessions; and theological differences made it difficult for New Englanders to work with delegates from the middle and southern states. In 1777 when Vermont was asking to be admitted as a state, New England and New York found their interests to be conflicting, as both claimed jurisdiction over the Green Mountain country. Some of the members stooped to petty acts for self-aggrandizement, breeding suspicion in the minds of many. Congress was housed at Philadelphia in the state house, which was poorly arranged for a body whose business was mainly conducted by committees. Military necessity twice forced Congress to hasten from the city, the first time in December, 1776, when it fled to Baltimore, the second time after the battle of the Brandywine, when it became an exile, first at Lancaster and later at York.
Nature of the business of Congress.—Dr. Albion W. Small has classified the business of Congress under the following heads: (1) To dispose of sundry applications in behalf of individuals; (2) to consider requests for advice and aid to individual colonies; (3) to act as the mouthpiece of the patriotic party; (4) to serve as an organ of communication between the collective colonies and other communities or individuals; (5) to devise peace plans and measures for the general good; (6) to devise offensive and defensive measures to be urged upon the individual colonies; (7) to raise, organize, and regulate a continental army, and assume general direction of military affairs.
Organization of Congress and conduct of business.—When Peyton Randolph found it necessary to leave Congress, the delegates chose John Hancock president and Charles Thomson secretary, the latter serving until 1781. Most of the work was carried on by committees. When a vote was taken in Congress, the members did not cast their ballots as individuals, but each state delegation cast a solid affirmative or negative vote. Usually committees met in the morning from 7 to 10, Congress from 10 A.M. to 4 or 5 P.M., and committees from 6 to 10 P.M. The president’s duties were manifold, for in addition to acting as presiding officer, he carried on correspondence with the commander-in-chief, with state governors, and with, local committees.
Early acts of Congress.—In spite of the conservatives who at first were in the majority and who desired to hold in check the revolutionary forces, circumstances forced Congress to exercise executive authority long before the Declaration of Independence. In June, 1775, Congress ordered the raising and organizing of an army, authorized a loan for the purchase of gunpowder, and issued $2,000,000 in bills of credit. In September provision was made for the fitting out of a navy, and steps were taken to open relations with foreign powers, to supervise the frontiers, and to establish a post-office. In the chaos which resulted from the overthrow of the chartered governments, several of the state revolutionary bodies appealed to Congress for advice. In answer to the Massachusetts appeal, Congress advised that, as no obedience was due to parliament and as the crown officials were absent, the provincial congress was to summon the representatives to an assembly which was to choose a council, and together the two bodies were to govern until difficulties were adjusted with the crown. Similar advice was given to New Hampshire, South Carolina, and Virginia. The various colonies were also advised to erect prize courts. In March, 1776, it advised the colonies to disarm the Loyalists, and soon afterward authorized the fitting out of privateers and opened the ports to all countries not subject to Great Britain. In May it urged all colonies which had not yet formed state governments to do so and declared that British authority should be suppressed. On July 4, 1776, it adopted the Declaration of Independence.
Judicial functions.—With the increase of privateering, prize courts became necessary, and in November, 1775, Congress advised the colonies to erect courts in which cases of capture might be tried by jury and appeals made to Congress. During 1776 the custom was followed of appointing a congressional committee to hear each appeal, but in January, 1777, a standing committee of five was appointed to hear all appeals. The increasing business and the need of legally trained men made it apparent that the committee system could not long handle the prize cases, and in January, 1780, a permanent court of appeals was established, which may be looked upon as a forerunner of the supreme court.
Military affairs.—When hostilities began, Congress acted on the theory that the colonies were loyal to the king, but were opposing Gage’s ministerial army. Events soon forced it to take measures of defence, committees being appointed in May, 1775, to consider how military stores might be procured. On June 15 Washington was chosen commander-in-chief and on the following day a committee was appointed to draw up his commission and instructions. Congress also selected four major-generals, eight brigadier-generals, a quartermaster-general and commissary-general. Later a clothier-general was appointed.
At first military affairs were handled by congressional committees, but in January, 1776, a committee was appointed to consider the establishment of a war office. Five months later Congress adopted the committee’s plan which provided for a Board of War and Ordnance to consist of five members of Congress and a secretary. In 1777 this congressional board was done away with and a new board, consisting of persons who were not members of Congress, was created, Gates being placed at its head. Congress also appointed an inspector-general, Thomas Conway being the first incumbent, being followed by Steuben. The system of supplying the army was found to be deficient and to rectify matters the commissary department was reorganized in 1777 and again in 1778. Congress continued to keep in touch with the army by sending special committees to examine actual conditions.
Naval affairs.—To handle maritime affairs a naval committee was appointed whose “active life lasted from October, 1775, until January, 1776, during which time it laid the foundation of the navy.” On December 14, 1775, a marine committee, composed of one member from each colony, was chosen to take charge of the building and fitting out of vessels, and this committee soon assumed direction of naval affairs. Agents to superintend the work of construction were employed, and on the recommendation of the committee, Congress appointed prize agents. In November, 1776, a board of three naval experts was created to execute business under the direction of the maritime committee and a similar board was appointed in April, 1777, to handle affairs in New England alone. The marine committee continued until October, 1779. By that time it became evident that a more efficient system was needed and Congress appointed a Board of Admiralty consisting of three commissioners and two members of Congress. The board remained in charge of naval affairs until the governmental reorganization of 1781.
Foreign affairs.—To direct diplomacy was one of the difficult functions of a Congress whose members were but little versed in the intricacies of foreign courts. In the fall of 1775 a “secret committee on foreign correspondence” was chosen. In March, 1776, Silas Deane was sent to France, and in September of the same year a commission to handle American interests in Europe, composed of Franklin, Jefferson, and Deane, was appointed. Jefferson, however, remained in America and Arthur Lee was substituted. To obtain financial aid had been the chief object up to the Declaration of Independence, but after that Congress and its agents directed their energies not only to the securing of funds, but to obtain recognition by France and Spain, and to make military and commercial alliances. In 1777 the secret committee was changed to the “committee on foreign affairs,” an organization which conducted the foreign policy up to 1781.