time are clearly of opinion that every measure should be avoided which would strengthen the hands of the enemies to free government, and that an administration of the present confederation, with all its inconveniences, is preferable to the risk of general dissensions and animosities, which may approach to anarchy, and prepare the way to a ruinous system of government.

Having thus from a sense of duty we owe to the United States, as well as to our constituents, communicated to your excellency our sentiments on this important subject, we request you to lay them before the honourable legislature at their next session, and to inform them that their measures for a general revision of the confederation, if confirmed, shall be immediately communicated to congress. That no time will be lost by the suspension, since the requisition to the important matters before congress would have prevented them from an early attention to the propositions of Massachusetts, and that if these had been approved by congress, many of the legislatures being now adjourned, could not take the same into consideration.

E. GERRY,

S. HOLTEN,

R. KING."

The views here expressed show conclusively that congress had not advanced beyond the opinions entertained in eighty-three, when Hamilton abandoned his resolutions for the establishment of a National government, "for want of support."

Bowdoin gave a brief, conclusive, pregnant, contemptuous reply "The only observation I shall make on the subject is, that if in the Union there is the operation of such discordant principles, as make it hazardous to intrust Congress with powers necessary to its well being, the Union cannot long subsist." The delegates, in answer, VOL. III.-10

66

to make the powers

insisted that the wiser course was temporary," to be adopted "when approved by experience; that, if a convention is necessary, its members should be limited in their authority, and confined to the revision of such parts of the confederation as are supposed defective, and not intrusted with a general revision of the articles, and a right to report a plan of federal government essentially different from the Republican form now administered."

The consequence of this opposition was the passage of a resolution, declaring that no further proceedings be had for revising the confederation.

CHAPTER XLII.

In the unavailing effort for self-protection by retaliatory commercial regulations, New Hampshire followed the example of Massachusetts.

The acts of both these States, as has been seen, were infractions of the treaty with France. A similar policy was pursued by Rhode Island.

These laws proved the inefficiency of State legislation. During their operation almost every foreign vessel, destined for those States, sought other ports. A commerce of great value was lost, and with it the revenue which had in part prompted to the discrimination.* These restrictive enactments were soon repealed, and thus all the injuries were suffered, which are the fruits of precipitate legislation.

But these evils had a wider influence. The laws levying imposts disregarded all uniformity, both as to the rates of duty, and as to the articles on which they were charged.†

Representations were made to the Virginia legislature that her commerce had passed into other States, and that what she lost, Maryland gained by her lower duties.

The disparity of the duties is seen in the fiscal provisions of the Southern States, whose interests at that time approximated. Maryland levied one shilling and sixpence per ton on goods of those in treaty, two shillings and eight pence on those not in treaty, on British goods, 6s. 8d., and two shillings extra per ton on other goods. Virginia laid three shillings and sixpence on those in treaty, six shillings and sixpence on those not in treaty, besides two per cent. extra. South Carolina, two shillings and ninepence on British sugars, one shilling and eight pence on those of other nations.

The consequences of this inequality were soon felt, but instead of looking to the want of uniformity, as the radical source of the mischief, the wildest remedies were resorted to. Oppressive penalties, accumulated oaths, multiplied revenue officers, extravagant and partial exemptions—the obvious resources of ignorant legislation-followed; and when these failed, the states were seen competing with each other in a reduction of duties, in order to secure a preference to their own ports. Another consequence of this disordered state of things was the negotiation of commercial leagues, growing out of geographical causes, between the states of New-Jersey and Pennsylvania, and of Maryland and Virginia, in direct contravention of the sixth article of the confederation. The remedy for these evils had been recommended by congress-the investing them with a general power for the regulation of commerce. The delay to embrace it is more decisive than any other fact of the irrational adherence to state rights. Only four states had fully complied with this recommendation. Six had enacted laws clogged with embarrassing conditions Two had wholly disregarded it.

How narrow were the views which could not see the advantages of an unrestrained intercourse between the states, thus increasing the variety of exports, and enlarging the field of commercial enterprise! How blind the jealousy which, in withholding a central power to regulate commerce, overlooked the obvious facts, that, intersected as the states are by deeply penetrating rivers, or divided by artificial boundaries, no efficient guards against illicit trade could be interposed by means consistent with the maxims of a mild policy, and with a moderate expense; and that the necessary expense would compel a resort to harsh and onerous systems of taxation; that thus the states "would be obliged," in Hamilton's language, "to strengthen the executive arm of government, in doing which their consti

tutions would acquire a progressive direction towards monarchy."

At the meeting of the legislature of New-York, in the year seventeen hundred and eighty-four, Governor Clinton proposed an enlargement of the powers of congress, if necessary, to counteract the British proclamations. He also suggested the establishment of funds to pay the interest and discharge the principal of the state debt, and indicated as means, exclusive of direct taxation, the sale of the public lands, internal duties and excises, marine passes, and a tax on sales at auction. The suggestion as to the enlargement of the powers of congress, was not acted upon.

The state preferred exercising a control over its commerce, and having established a customhouse, passed an act regulating the customs. This act imposed a double duty on distilled spirits imported in vessels having a British register, but made no other discrimination. A similar duty was, during the next year, proposed on all imports in vessels owned in whole or in part by British subjects, unless, for the purpose of encouraging navigation, such vessels were built within the state.*

Sensible of the necessity of conferring this power on the confederacy, General Schuyler opposed this act in the senate, and Duer in the assembly. It was negatived by the council of revision, on the ground "that every attempt by a state to regulate trade without the concurrence of others, must produce injury to the state, without any general good; that partial duties would lead to countervailing duties, and that state legislation on this subject, would interfere with and embarrass the commercial treaties." It nevertheless became a law.

Congress had, in April, 1784, recommended the grant of a general pow. er to them for this purpose. This local act was passed in the following No. vember.