dressed its governor an expostulatory letter as to the preference it gave to foreigners in prejudice to the United States; that it not only injured the foreign commerce of Massachusetts, but prevented its citizens from vending articles of their own manufacture to the citizens of Connecticut; "the more exceptionable, inasmuch as for the sake of cementing the Union, which is the true policy of the confederated commonwealth, our laws exact no duties on the manufactures of the United States, and in regard to commerce, their citizens respectively stand upon a footing with our own.”.

Immediately after, he transmitted a circular letter to the governors of each of the states, stating that the retaliatory act was "intended as a temporary expedient," urging its concurrence in vesting congress with "a well-guarded power to regulate the trade of the United States," and appealing "to the mutual feeling of friendship and attachment," "public virtue and supreme regard to the good of the whole, which so powerfully actuated them in the day of common danger, and which will be ever essentially necessary, so long as they shall continue to be one confederated commonwealth." His correspondence with Patrick Henry was most courteously urgent. "I trust," the gallant Moultrie replied, in behalf of South Carolina, "that this state, with every other in the confederation, are well convinced their existence as a nation depends on the strength of the union. Cemented together in one common interest, they are invincible-but ruined when divided, and must fall a sacrifice to internal dissensions and foreign usurpation."

Governor Henry assured him of the best dispositions in Virginia.

The delegates from Massachusetts to Congress were elected by and represented the feelings of the party

which had just been defeated. They were Gerry, Holten, and Rufus King; the first, long a member, the last, a native of Maine, recently appointed.

Bowdoin's letter to the President of Congress was enclosed to them. "Should," he wrote, "the nature and importance of the subject appear to Congress in the same point of light that it does to the court, they flatter themselves, that Congress will so far endeavor to carry them into effect, as to recommend a convention of the States, at some convenient place, on an early day, that the evils so severely experienced from the want of adequate power in the Federal Government, may find a remedy as soon as possible. As a perfect harmony among the States is an object no less important than desirable, the legislature of the Massachusetts have aimed at that unassuming openness of conduct, and respectful attention to the rights of every State in the Union, as they doubt not will secure their confidence and meet the approbation of Congress. A circular letter to the States is herewith transmitted to Congress, which they are requested to forward with their recommendation for a convention of Delegates from the States, if they should so far concur in sentiment with the court, as to deem such a recommendation advisable."

These delegates assumed the great responsibility of withholding from Congress the governor's letter and the resolves of the legislature on a question of the permanence of the UNION! "We have delayed," they stated to him, "any communication with Congress upon this subject, with an intention to state to your excellency our sentiments upon the probable tendency and consequences of the measure, should it be adopted by Congress, and acceded to by the states. We are sensible that our duty points out a prompt and exact obedience to the acts and instructions of the legislature, but if a case arises wherein

we discover most clearly consequences so fatal, that, had they been known, perhaps the measure adopted would not have been proposed, it may not be improper to delay a final execution until we have the instructions of the legislature, after such pernicious consequences of the measure shall have been submitted to their examination."

This exposition of their objections was made, after a delay of two months, on the third of September. It gives an interesting view of the fears and opinions of the party opposed to an effective system of government.

"Reasons assigned for suspending the delivery to congress of the governor's letter for revising and altering the confederation.

It may be necessary previously to observe, that many are of opinion the states have not yet had experience sufficient to determine the extent of the powers vested in congress by the confederation, and therefore that every measure at this time proposing an alteration is premature; but admitting the necessity of immediately investing congress with more commercial powers, it may be expedient to inquire

First-Whether good policy does not require that those powers should be temporary?

In determining this question, we are led to consider the commercial evils to be remedied, the efficacy of temporary powers for this purpose, and the disposition of the several states touching the subject.

The evils principally consist in the impositions, restrictions, and prohibitions of foreign powers on our commerce, and in the embarrassment resulting from the commercial regulations of our own states. How far temporary powers can remedy these evils, perhaps time and experience can only determine. Thus much may nevertheless be suggested; that as several treaties which are now negotiating by our commissioners in Europe are not to exceed

the term of fifteen years, if the commercial powers to be vested in congress should be of a similar duration, they may remedy the evils for that term, and at the expiration thereof a new commercial epoch will commence, when the states will have a more clear and comprehensive view of their commercial interests, and of the best means for promoting the same, whether by treaties abroad, or by the delegation and exercise of greater commercial powers at home.

Whatever the disposition of the states may be, it can only be known by their acts; but the different views which they have had of the subject, give reason to suppose that some legislatures will think temporary commercial powers eligible under present circumstances; and should this be the opinion of but one, an attempt immediately to delegate perpetual commercial powers must fail, and may prevent a delegation of temporary powers. For in politics as in private life, by aiming at too much, one ofttimes accomplishes nothing.

Secondly-If the states are unanimously disposed to increase the commercial powers of the confederacy, should not the additional powers be in the first instance temporary, and the adoption of them as part of the confederation depend on their beneficial effects? This is a question on which we propose not to venture a decided opinion; but experience teaches us, that in the formation of constitutions and laws, the wisest men have not been able to foresee the evasions and abuses which in the operation have resulted from vague terms and expressions, latent inconsistencies, artful constructions, and from too full and unguarded a delegation of powers.

Whether the subject of commerce, and the danger to which the states may be exposed by a surrender to the union of their commercial authority, are so fully understood as to justify the consideration of an immediate altera.

tion of the confederation, is a matter that the legislatures alone are competent to determine. Any of them who may not be clear as to either of these points, will probably (as in the other case) be in the first instance in favour of temporary commercial powers, and, if approved by experience, of adopting them as part of the confederation; but should all the states be in favour of an immediate alteration of the articles, will it not be expedient for them previously to consider that however great the abuse of this trust may hereafter be, however grievous to a considerable part of the union, the powers once delegated in the confederation, cannot be revoked without the unanimous consent of the states that this may be earnestly sought for, but never obtained-that the federal and state constitutions are the great bulwarks of liberty-that if they are subject on trivial, or even important occasions, to be revised and rerevised, altered and realtered, they must cease to be considered as effectual and sacred barriers, and, like landmarks frequently changed, will afford no certain rule for ascertaining the boundaries, no criterion for distinguishing between the rights of government and those of the people— and, therefore, that every alteration of the articles should be so thoroughly understood and digested, as scarcely to admit the possibility of a disposition for reconsideration.

Thirdly-Shall any alteration, either temporary or perpetual, be proposed in a way not expressly pointed out by the confederation? The thirteenth article provides "that every state shall abide by the determination of the United States in congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a congress of the United States, and be afterwards confirmed