Interim Government
(Primary reference: Garry Wills, Inventing America, Jefferson's Declaration of Independence, Vintage Books, c1979.)
In 1775, after its royal governments had disintegrated, Massachusetts sought the advice of the Continental Congress as to whether its Provincial Congress should resume government in the interim under the old Charter of 1691. In June, the Congress recommended "a Precedent of Advice to the separate States to institute Governments." The recommendation stated:
"...[w]rite letters to the inhabitants of the several places that are entitled to representation in assembly" to choose representatives, that the representatives should choose a council, and that the "council should exercise the powers of government, until a governor of his majesty's appointment will consent to govern the colony according to its charter." (R.C. Simmon's The American Colonies - Settlement to Independence, David MCkay Co., Inc. 1976 at 360.)
In December of 1775, New Hampshire formed a temporary government, "during (as they said) the unhappy and unnatural contest with Great Britain." (Story, Commentaries, Book II citing 2 Belk. N. Hamp. ch. 25, p. 306, 308, 310; 1 Pitk. Hist. 351, 355.)
South Carolina, likewise, formed a temporary constitution of government in March, 1776, " established until an accommodation between Great Britain and America could be obtained." (Story, Commentaries, Book II, citing Stokes's Hist. Colon. 105; 1 Pitk. Hist. 355.)
On May 4, 1776, Rhode Island formally cut ties to the Crown, but fell back upon its existing charter, simply cutting all references to the Crown.
On May 10, the Second Continental Congress passed a decisive "Recommendation to the People of all the States to Institute Governments."
"Resolved, That it be recommended to the respective assemblies and conventions of the United Colonies, where no government sufficient to the exigencies of their affairs have been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general." (Bernard Schwartz and Edwin D. Webb, The Roots of the Bill of Rights, Vol.1, Chelsea House Publishers c1990, pg. 229.)
A May 15 preamble was added declaring "that the exercise of every kind of authority under the ... Crown should be totally suppressed," and calling for the exertion of "all powers of government...under the authority of the people of the colonies."
Virginia, on the 29th of June, 1776, by a convention of delegates, declared " the government of this country, as formerly exercised under the crown of Great Britain, totally dissolved;" and proceeded to form a new constitution of government. (Story, Commentaries, Book II.) New-Jersey, followed with a frame of government on the 2d of July, 1776; but it was expressly declared, that it should be void upon a reconciliation with Great Britain. (Story, Commentaries, Book II, citing Stokes's Hist. Colon. 51,75.)
Following the signing of the Declaration of Independence, Delaware (September), Pennsylvania (September), Maryland (November), and North Carolina (December), had new constitutional governments in place. Connecticut (October) fell back on their existing corporate charters by eliminating all reference to royal authority. In 1777, Georgia (February) and New York (April) framed their constitutional governments, as did Vermont (July), which was not recognized by the other States until the 1780's.
