It was an era of constitution writing—most states were busy at the task—and leaders felt the new nation must have a written constitution, even though other nations did not. During the war, Congress exercised an unprecedented level of political, diplomatic, military and economic authority. It adopted trade restrictions, established and maintained an army, issued fiat money, created a military code and negotiated with foreign governments.[4]
To transform themselves from outlaws into a legitimate nation, the colonists needed international recognition for their cause and foreign allies to support it. In early 1776, Thomas Paine argued in the closing pages of the first edition of Common Sense that the “custom of nations” demanded a formal declaration of American independence if any European power were to mediate a peace between the Americans and Great Britain. The monarchies of France and Spain in particular could not be expected to aid those they considered rebels against another legitimate monarch. Foreign courts needed to have American grievances laid before them