tion de facto," and that that body was not "a general or national government," nor a government of any kind whatever. The existence of such government was absolutely inconsistent with the allegiance which the colonies still acknowledged to the British crown. Our author himself informs us in a passage already quoted, that they had no power to form such government, nor to enter into "any league or treaty among themselves." Indeed, congress did not claim any legislative power whatever, nor could it have done so, consistently with the political relations which the colonies still acknowledged and desired to preserve. Its acts were in the form of resolutions, and not in the form of laws; it recommended to its constituents whatever it believed to be for their advantage, but it commanded nothing. Each colony, and the people thereof, were at perfect liberty to act upon such recommendation or not, as they might think proper.[1]
- ↑ The journals of congress afford the most abundant and conclusive proofs of this. In order to show the general character of their proceedings, it is enough for me to refer to the following: On the 11th October, 1774, it was "Resolved unanimously, That a memorial be prepared to the people of British America, stating to them the necessity of a firm, united and invariable observation of the measures recommended by the congress, as they tender the invaluable rights and liberties derived to them from the laws and constitution of their country." The memorial was accordingly prepared, in conformity with the resolution. Congress having previously had under consideration the plan of an association for establishing non-importation, &c., finally adopted it, October 20, 1774. After reciting their grievances, they say, "And, therefore, we do, for ourselves and the inhabitants of the several colonies whom we represent, firmly agree and associate, under the sacred ties of virtue, honor and love of our country, as follows." They then proceed to recommend a certain course of proceeding, such as non-importation and non-consumption of certain British productions, they recommended the appointment of a committee in every county, city and town, to watch their fellow-citizens, in order to ascertain whether or not "any person within the limits of their appointment has violated this association;" and if they should find any such, it is their duty to report them, "to the end, that all such foes to the rights of British America may be publicly known, and universally contemned as the enemies of American liberty; and, thenceforth, we respectively will break off all dealings with him or her." They also resolve, that they will "have no trade, commerce, dealings or intercourse whatsoever, with any colony or province in North America, which shall all not accede to, or which shall hereafter violate, this association, but will hold them as unworthy of the rights of freemen, and as inimical to the liberties of their country." This looks very little like the legislation of the "general or national govern-
