The foregoing plan having failed, no other attempt at union was made for several years. At length, in 1765, in consequence of the passing of the stamp act by parliament, and other grievances, the assembly of Massachusetts in June of that year adopted the following resolution: "That it is highly expedient there should be a meeting, as soon as may be, of committees from the houses of representatives or burgesses, in the several colonies, to consult on the present circumstances of the colonies, and the difficulties to which they are and must be reduced, and to consider of a general congress, to be held at New York, the first Tuesday of October. A letter was prepared, to be sent to the several speakers, and a committee was chosen for Massachusetts."

In consequence of the proceedings under this recommendation, "on the 7th of October, a congress, consisting of twenty-eight delegates from the assemblies of Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, the Delaware counties, Maryland, and South Carolina, convened in the city of New York, and Timothy Ruggles, of Massachusetts, was chosen president. The first measure of the congress was a declaration of the rights and grievances of the colonists. They were declared to be entitled to all the rights and liberties of natural-born subjects within the kingdom of Great Britain; among the most essential of which are, the exclusive power to tax themselves, and the privileges of a trial by jury. The grievance chiefly complained of was the act granting certain stamp duties and other duties in the British colonies, which, by taxing the colonies without their consent, and by extending the jurisdiction of courts of admiralty, was declared to have a direct tendency to subvert their rights and liberties. A petition to the king, and a memorial to each house of parliament, were also agreed on; and it was recommended to the several colonies to appoint special agents, who should unite their utmost endeavors in soliciting redress of grievances. The assemblies of Virginia, North Carolina, and Georgia, were prevented, by their governors, from sending representatives to the congress; but they forwarded petitions to England, similar to those appointed by that body."[55]

In 1774, the grievances of the colonies still continuing, and having been increased by the open assertion of Great Britain of the justice of her pretensions, another congress was assembled at Philadelphia, which consisted of delegates from eleven colonies. In this congress, each colony had one vote. Their principal acts consisted of a declaration of rights, and in spirited addresses to the people of British America and Great Britain, together with a recommendation to the colonies to adopt resolutions of non-importation, non-exportation, and non-consumption.

The resolutions of this congress received the general sanction of the provincial congress and of the colonial assemblies. Their power was merely advisory; "yet their recommendations," says Dr. Holmes, "were more generally and more effectually carried into execution by the colonies than the laws of the best-regulated state."

But the dissuasive measures adopted by this congress having no effect on the king and his ministers, another congress followed in 1775, "whose pacific efforts to bring about a change in the views of the other party being equally unavailing, and the commencement of actual hostilities having, at length, put an end to all hope of reconciliation, the congress finding, moreover, that the popular voice began to call for an entire and perpetual dissolution of the political ties which had connected them with Great Britain, proceeded on the memorable 4th of July, 1776, to declare the thirteen colonies independent states.

"During the discussions of this solemn act, a committee, consisting of a member from each colony, had been appointed to prepare and digest a form of confederation for the future management of the common interest, which had, hitherto, been left to the discretion of congress, guided by the exigencies of the contest, and by the known intentions, or occasional instructions of the colonial legislatures.

"It appears that as early as the 21st of July, 1775, a plan, entitled 'Articles of Confederation and perpetual union of the Colonies,' had been sketched by Dr. Franklin, the plan being on that day submitted by him to congress; and though not copied into their journals, remaining on their files in his hand-writing. But, notwithstanding the term 'perpetual,' observed in the title, the articles provided expressly for the event of a return of the colonies to a connection with Great Britain.

"This sketch became a basis for the plan reported by the committee on the 12th of July, now also remaining on the files of congress, in the hand-writing of Mr. Dickinson. The plan, though dated after the Declaration of Independence, was probably drawn up before that event; since the name of colonies, not states, is used throughout the draught. The plan reported was debated and amended from time to time, till the 17th of November, 1777, when it was agreed to by congress, and proposed to the legislatures of the states, with an explanatory and recommendatory letter. The ratifications of these, by their delegates in congress, duly authorized, took place at successive dates; but were not completed till the 1st of March, 1781; when Maryland, who had made it a prërequisite that the vacant lands acquired from the British crown should be a common fund, yielded to the persuasion that a final and formal establishment of the federal union and government would make a favorable impression, not only on other foreign nations, but on Great Britain herself."[56]

Under this confederation, the country went through the war. Fortunate it was, however, that the war terminated when it did, as the "rope of sand," as the confederation was called, would probably have served as a bond of union but a few years longer. Indeed, it had received the cordial approbation of none of the colonies—while some of them had, at length, acceded to it rather from necessity than choice.

"The principal difficulties which embarrassed the progress and retarded the completion of the plan of confederation," says Mr. Madison, "may be traced to—first, the natural repugnance of the parties to a relinquishment of power; secondly, a natural jealousy of its abuse in other than hands their own; thirdly, the rule of suffrage among parties whose inequality in size did not correspond with that of their wealth, or of their military or free population; fourthly, the selection and definition of the powers, at once necessary to the federal head, and safe to the several members.