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tal defect in the constitution that full and entire power over the commerce of the United States had not been originally vested in congress, as no concern common to many could be conducted to a good end, but by a unity of councils;" they say; "hence it is that the intercourses of the states are liable to be perplexed and injured by various and discordant regulations, instead of that harmony of measures on which the particu. lar, as well as general interests depend; productive of mutual disgusts, and alienation among the several members of the empire.

"But the more certain inconveniences foreseen and now experimentally felt, flow from the unequal footing this circumstance puts us on with other nations, and by which we stand in a very singular and disadvantageous situation; for while the whole of our trade is laid open to these nations, they are at liberty to limit us to such branches of theirs as interest or policy may dictate:-unrestrained by any apprehensions, as long as the power remains severally with the states, of being met and opposed by any consistent and effectual restrictions on our part."

This memorial prayed that the legislature would endeavour to procure from congress, a recommendation to the several states, to vest in that body the necessary powers over the commerce of the United States.

It was immediately taken into consideration, and resolutions were passed conforming to its prayer. Similar applications were made by other commercial towns.

From these proceedings, and from the general representations made by the American merchants, General Washington had augured the most happy effects.

In a letter to the Marquis de Lafayette, he thus expressed his hope of the consequences which would attend the efforts then making to enlarge the powers of congress. "However unimportant America may be considered at present, and however Britain may affect to despise her trade. there will assuredly come a day when this country will have some weight in the scale of empires."

But a concurrence of the states in granting to the general government the beneficial powers in question, was not so near being effected as was hoped by its friends. A resolution was moved in congress, recommending it to the several states to vest in that body full authority to regulate their commerce, both external and internal, and to impose such duties as might be necessary for that purpose. This power was to be fettered with several extraordinary limitations, which might render it more acceptable to the governments who were asked to bestow it, among which was a provision that the duties should be "collectible under the authority, and accrue to the use of the state in which the same should be made

payable." Notwithstanding these restrictions, marking the keen sighted jealousy with which any diminution of state sovereignty was watched, this resolution encountered much opposition even in congress.

During these transactions, the public attention was called to another subject which served to impress still more powerfully on every reflecting mind, the necessity of enlarging the powers of the general government, were it only to give efficacy to those which in theory it already possessed.

The uneasiness occasioned by the infractions of the treaty of peace on the part of Great Britain, has been already noticed. To obtain its complete execution, constituted one of the objects for which Mr. Adams had been deputed to the court of St. James. A memorial presented by that minister in December, 1785, urging the complaints of America, and pressing for a full compliance with the treaty, was answered by an enumeration of the violations of that compact on the part of the United States. The Marquis of Carmarthen acknowledged explicitly the obligation created by the seventh article to withdraw the British garrisons from every post within the United States; but insisted that the obligation created by the fourth article, to remove every lawful impediment to the recovery of bona fide debts, was equally clear and explicit.

"The engagements entered into by a treaty ought," he said, "to be mutual, and equally binding on the respective contracting parties. It would, therefore, be the height of folly as well as injustice, to suppose one party alone obliged to a strict observance of the public faith, while the other might remain free to deviate from its own engagements as often as convenience might render such deviation necessary, though at the expense of its own credit and importance."

He concluded with the assurance," that whenever America should manifest a real determination to fulfil her part of the treaty, Great Britain would not hesitate to prove her sincerity to co-operate in whatever points depended upon her, for carrying every article of it into real and complete effect."

This letter was accompanied by a statement of the infractions of the fourth article.

Copies of both documents were immediately transmitted by Mr. Adams to congress, by whom they were referred to Mr. Jay, the secretary for foreign affairs. The report of that upright minister did not, by contravening facts, affect to exculpate his country. "Some of the facts," said he in a letter to General Washington, written after permission to communicate the papers had been given, " are inaccurately stated and improperly coloured; but it is too true that the treaty has been violated.

On such occasions, I think it better fairly to confess and correct errors, than attempt to deceive ourselves and others, by fallacious though plausible palliations and excuses.

"To oppose popular prejudices, to censure the proceedings and expose the impropriety of states, is an unpleasant task, but it must be done."*

That the United States might with reason be required to fulfil the treaty before they could entitle themselves to demand a strict performance of it on the part of Great Britain, was a position the propriety of which they were prevented from contesting by the miserably defective organization of the government. If their treaties were obligatory in theory, the inability of congress to enforce their execution had been demonstrated in practice. Restrained by this defect in the constitution from insisting that the evacuation of the western posts should precede the removal of the impediments to the bona fide execution of the treaty on the part of America, government exerted its earnest endeavours to prevail on the several states to repeal all existing laws which might be repugnant to that compact. The resolutions which were passed on that subject, and the cir cular letters which accompanied them to the several governors, contain arguments which ought to have demonstrated to all, the constitutional obligation of a treaty negotiated under the authority of congress, and the real policy, as well as the moral duty of faithfully executing that which had been formed with Great Britain. To the deep mortification of those who respected the character of the nation, these earnest representations did not produce the effect which was expected from them. "It was impolitic and unfortunate, if not unjust in these states," said General Washington to a member of congress by whom the objectionable conduct of America was first intimated to him, "to pass laws which by fair construction might be considered as infractions of the treaty of peace. It is good policy at all times to place one's adversary in the wrong. Had we observed good faith, and the western posts had been withheld from us by Great Britain, we might have appealed to God and man for justice."

"What a misfortune it is," said he in reply to the secretary for foreign affairs, "that the British should have so well grounded a pretext for their palpable infractions, and what a disgraceful part, out of the choice of difficulties before us, are we to act!"

The discontents arising from the embarrassments in which individuals were involved, continued to increase. At length, two great parties

* The facts relative to this negotiation were stated in the correspondence of General Washington. The statement is supported by the Secret Journals of Congress, vol. 4, p. 329, and those which follow.

were formed in every state, which were distinctly marked, and which pursued distinct objects, with systematic arrangement.

The one struggled with unabated zeal for the exact observance of public and private engagements. By those belonging to it, the faith of a nation, or of a private man was deemed a sacred pledge, the violation of which was equally forbidden by the principles of moral justice, and of sound policy. The distresses of individuals were, they thought, to be alleviated only by industry and frugality, not by a relaxation of the laws, or by a sacrifice of the rights of others. They were consequently the uniform friends of a regular administration of justice, and of a vigorous course of taxation which would enable the state to comply with its engagements. By a natural association of ideas, they were also, with very few exceptions, in favour of enlarging the powers of the federal government, and of enabling it to protect the dignity and character of the nation. abroad, and its interests at home.

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The other party marked out for themselves a more indulgent course. Viewing with extreme tenderness the case of the debtor, their efforts were unceasingly directed to his relief. To exact a faithful compliance with contracts was, in their opinion, a harsh measure which the people would not bear. They were uniformly in favour of relaxing the administration of justice, of affording facilities for the payment of debts, or of suspending their collection, and of remitting taxes. The same course of opinion led them to resist every attempt to transfer from their own hands into those of congress, powers, which by others were deemed essential to the preservation of the union. In many of these states, the party last mentioned, constituted a decided majority of the people; and in all of them, it was very powerful. The emission of paper money, the delay of legal proceedings, and the suspension of the collection of taxes, were the fruits of their rule wherever they were completely predominant. Even where they failed to carry their measures, their strength was such as to encourage the hope of succeeding in a future attempt; and annual elections held forth to them the prospect of speedily repairing the loss of a favourite question. Throughout the union, the contest between these parties was periodically revived; and the public mind was perpetually agitated with hopes and fears on subjects which essentially affected the fortunes of a considerable proportion of the society.

These contests were the more animated, because, in the state governments generally, no principle had been introduced which could resist the wild projects of the moment, give the people an opportunity to reflect, and allow the good sense of the nation time for exertion. This uncertainty with respect to measures of great importance to every member of

the community, this instability in principles which ought, if possible, to be rendered immutable, produced a long train of ills; and is seriously believed to have been among the operating causes of those pecuniary embarrassments, which, at that time, were so general as to influence the legislation of almost every state in the union. Its direct consequence was the loss of confidence in the government, and in individuals. This, so far as respected the government, was peculiarly discernible in the value of state debts.

The war having been conducted by nations in many respects independent of each other, the debts contracted in its prosecution were due, in part from the United States, and in part from the individual states who became immediately responsible to the creditors, retaining their claim against the government of the union for any balances which might appear to be due on a general settlement of accounts.

That the debt of the United States should have greatly depreciated will excite no surprise, when it is recollected that the government of the union possessed no funds, and, without the assent of jealous and independent sovereigns, could acquire none, to pay the accruing interest: but the depreciation of the debt due from those states which made an annual and adequate provision for the interest, can be ascribed only to a want of confidence in governments which were controlled by no fixed principles; and it is therefore not entirely unworthy of attention. In many of those states which had repelled every attempt to introduce into circulation a depreciated medium of commerce, or to defeat the annual provision of funds for the payment of the interest, the debt sunk in value to ten, five, and even less than four shillings in the pound. However unexceptionable might be the conduct of the existing legislature, the hazard from those which were to follow was too great to be encountered without an immense premium. In private transactions, an astonishing degree of distrust also prevailed. The bonds of men whose ability to pay their debts was unquestionable, could not be negotiated but at a discount of thirty, forty, and fifty per centum: real property was scarcely vendible; and sales of any article for ready money could be made only at a ruinous loss. The prospect of extricating the country from these embarrassments was by no means flattering. Whilst every thing else fluctuated, some of the causes which produced this calamitous state of things were permanent. The hope and fear still remained, that the debtor party would obtain the victory at the elections; and instead of making the painful effort to obtain relief by industry and economy, many rested all their hopes on legislative interference. The mass of national labour, and of national wealth, was consequently diminished. In every

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