History of the United States (Vol. 1-7). Charles A. Beard

the scarcity of men with a large outlook upon the common enterprise.

      Nevertheless, necessity compelled them to consider some sort of federation. The second Continental Congress had hardly opened its work before the most sagacious leaders began to urge the desirability of a permanent connection. As early as July, 1775, Congress resolved to go into a committee of the whole on the state of the union, and Franklin, undaunted by the fate of his Albany plan of twenty years before, again presented a draft of a constitution. Long and desultory debates followed and it was not until late in 1777 that Congress presented to the states the Articles of Confederation. Provincial jealousies delayed ratification, and it was the spring of 1781, a few months before the surrender of Cornwallis at Yorktown, when Maryland, the last of the states, approved the Articles. This plan of union, though it was all that could be wrung from the reluctant states, provided for neither a chief executive nor a system of federal courts. It created simply a Congress of delegates in which each state had an equal voice and gave it the right to call upon the state legislatures for the sinews of government—money and soldiers.

      The Application of Tests of Allegiance.—As the successive steps were taken in the direction of independent government, the patriots devised and applied tests designed to discover who were for and who were against the new nation in the process of making. When the first Continental Congress agreed not to allow the importation of British goods, it provided for the creation of local committees to enforce the rules. Such agencies were duly formed by the choice of men favoring the scheme, all opponents being excluded from the elections. Before these bodies those who persisted in buying British goods were summoned and warned or punished according to circumstances. As soon as the new state constitutions were put into effect, local committees set to work in the same way to ferret out all who were not outspoken in their support of the new order of things.

      Mobbing the Tories

      These patriot agencies, bearing different names in different sections, were sometimes ruthless in their methods. They called upon all men to sign the test of loyalty, frequently known as the "association test." Those who refused were promptly branded as outlaws, while some of the more dangerous were thrown into jail. The prison camp in Connecticut at one time held the former governor of New Jersey and the mayor of New York. Thousands were black-listed and subjected to espionage. The black-list of Pennsylvania contained the names of nearly five hundred persons of prominence who were under suspicion. Loyalists or Tories who were bold enough to speak and write against the Revolution were suppressed and their pamphlets burned. In many places, particularly in the North, the property of the loyalists was confiscated and the proceeds applied to the cause of the Revolution.

      The work of the official agencies for suppression of opposition was sometimes supplemented by mob violence. A few Tories were hanged without trial, and others were tarred and feathered. One was placed upon a cake of ice and held there "until his loyalty to King George might cool." Whole families were driven out of their homes to find their way as best they could within the British lines or into Canada, where the British government gave them lands. Such excesses were deplored by Washington, but they were defended on the ground that in effect a civil war, as well as a war for independence, was being waged.

      The Patriots and Tories.—Thus, by one process or another, those who were to be citizens of the new republic were separated from those who preferred to be subjects of King George. Just what proportion of the Americans favored independence and what share remained loyal to the British monarchy there is no way of knowing. The question of revolution was not submitted to popular vote, and on the point of numbers we have conflicting evidence. On the patriot side, there is the testimony of a careful and informed observer, John Adams, who asserted that two-thirds of the people were for the American cause and not more than one-third opposed the Revolution at all stages.

      On behalf of the loyalists, or Tories as they were popularly known, extravagant claims were made. Joseph Galloway, who had been a member of the first Continental Congress and had fled to England when he saw its temper, testified before a committee of Parliament in 1779 that not one-fifth of the American people supported the insurrection and that "many more than four-fifths of the people prefer a union with Great Britain upon constitutional principles to independence." At the same time General Robertson, who had lived in America twenty-four years, declared that "more than two-thirds of the people would prefer the king's government to the Congress' tyranny." In an address to the king in that year a committee of American loyalists asserted that "the number of Americans in his Majesty's army exceeded the number of troops enlisted by Congress to oppose them."

      The Character of the Loyalists.—When General Howe evacuated Boston, more than a thousand people fled with him. This great company, according to a careful historian, "formed the aristocracy of the province by virtue of their official rank; of their dignified callings and professions; of their hereditary wealth and of their culture." The act of banishment passed by Massachusetts in 1778, listing over 300 Tories, "reads like the social register of the oldest and noblest families of New England," more than one out of five being graduates of Harvard College. The same was true of New York and Philadelphia; namely, that the leading loyalists were prominent officials of the old order, clergymen and wealthy merchants. With passion the loyalists fought against the inevitable or with anguish of heart they left as refugees for a life of uncertainty in Canada or the mother country.

      Tories Assail the Patriots.—The Tories who remained in America joined the British army by the thousands or in other ways aided the royal cause. Those who were skillful with the pen assailed the patriots in editorials, rhymes, satires, and political catechisms. They declared that the members of Congress were "obscure, pettifogging attorneys, bankrupt shopkeepers, outlawed smugglers, etc." The people and their leaders they characterized as "wretched banditti ... the refuse and dregs of mankind." The generals in the army they sneered at as "men of rank and honor nearly on a par with those of the Congress."

      Patriot Writers Arouse the National Spirit.—Stung by Tory taunts, patriot writers devoted themselves to creating and sustaining a public opinion favorable to the American cause. Moreover, they had to combat the depression that grew out of the misfortunes in the early days of the war. A terrible disaster befell Generals Arnold and Montgomery in the winter of 1775 as they attempted to bring Canada into the revolution—a disaster that cost 5000 men; repeated calamities harassed Washington in 1776 as he was defeated on Long Island, driven out of New York City, and beaten at Harlem Heights and White Plains. These reverses were almost too great for the stoutest patriots.

      Pamphleteers, preachers, and publicists rose, however, to meet the needs of the hour. John Witherspoon, provost of the College of New Jersey, forsook the classroom for the field of political controversy. The poet, Philip Freneau, flung taunts of cowardice at the Tories and celebrated the spirit of liberty in many a stirring poem. Songs, ballads, plays, and satires flowed from the press in an unending stream. Fast days, battle anniversaries, celebrations of important steps taken by Congress afforded to patriotic clergymen abundant opportunities for sermons. "Does Mr. Wiberd preach against oppression?" anxiously inquired John Adams in a letter to his wife. The answer was decisive. "The clergy of every denomination, not excepting the Episcopalian, thunder and lighten every Sabbath. They pray for Boston and Massachusetts. They thank God most explicitly and fervently for our remarkable successes. They pray for the American army."

      Thomas Paine never let his pen rest. He had been with the forces of Washington when they retreated from Fort Lee and were harried from New Jersey into Pennsylvania. He knew the effect of such reverses on the army as well as on the public. In December, 1776, he made a second great appeal to his countrymen in his pamphlet, "The Crisis," the first part of which he had written while defeat and gloom were all about him. This tract was a cry for continued support of the Revolution. "These are the times that try men's souls," he opened. "The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of his country; but he that stands it now deserves the love and thanks of men and women." Paine laid his lash fiercely on the Tories, branding every one as a coward grounded in "servile, slavish, self-interested fear." He deplored the inadequacy of the militia and called for a