From Elliot's Debates, Volume I
Respecting the political rights and sovereignty of the several colonies, and of the union which was thus spontaneously formed by the people of the United States Colonies, by the declaration of independence, Judge Story, in his Commentaries on the Constitution, remarks: --
In the first place, antecedent to the declaration of independence, none of the colonies were, or pretended to be, sovereign states, in the sense in which the term "sovereign" is sometimes applied to the states. The term "sovereign," or "sovereignty," is used in different senses, which often leads to a confusion of ideas, and sometimes to very mischievous and unfounded conclusions. By "sovereignty," in its largest sense, is meant supreme, absolute, uncontrollable power, the jus summi imperii, the absolute right to govern. A state or nation is a body politic, or society of men, united together for the purpose of promoting their mutual safety and advantage by their combined strength. By the very act of civil and political association, each citizen subjects himself to the authority of the whole; and the authority of all over each member essentially belongs to the body politic. A state which possesses this absolute power, without any dependence upon any foreign power or state, is in the largest sense a sovereign state. And it is wholly immaterial what is the form of the government, or by whose hands this absolute authority is exercised. It may be exercised by the people at large, as in a pure democracy; or by a select few, as in an absolute aristocracy; or by a single person, as in an absolute monarchy. But "sovereignty" is often used, in a far more limited sense than that of which we have spoken, to designate such political powers as, in the actual organization of the particular state or nation, are to be exclusively exercised by certain public functionaries, without the control of any superior authority. It is in this sense that Blackstone employs it, when he says that it is of "the very essence of a law, that it is made by the supreme power. Sovereignty and legislature are, indeed, convertible terms; one cannot subsist without the other." Now, in every limited government, the power of legislation is, or at least may be, limited at the will of the nation; and therefore the legislature is not in an absolute sense sovereign. It is in the same sense that Blackstone says, "the law ascribes to the king of England the attribute of sovereignty or preeminence," because, in respect to the powers confided to him, he is dependent on no man, and accountable to no man, and subjected to no superior jurisdiction. Yet the king of England cannot make a law; and his acts, beyond the powers assigned to him by the constitution, are utterly void.
In like manner, the word "state" is used in various senses. In its most enlarged sense, it means the people composing a particular nation or community. In this sense, the "state" means the whole people, united into one body politic; and the state, and the people of the state, are equivalent expressions. Mr. Justice Wilson, in his Law Lectures, uses the word "state" in its broadest sense. "In free states," says he, "the people form an artificial person, or body politic, the highest and noblest that can be known. They form that moral person, which, in one of my former lectures, I described as a complete body of free, natural persons, united together for their common benefit; as having an understanding and a will; as deliberating, and resolving, and acting; as possessed of interests which it ought to manage; as enjoying rights which it ought to maintain; and as lying under obligations which it ought to perform. To this moral person we assign, by way of eminence, the dignified appellation of State." But there is a more limited sense, in which the word is often used, where it expresses merely the positive or actual organization of legislative, executive, or judicial powers. Thus the actual government of a state is frequently designated by the name of the state. We say, the state has power to do this or that; the state has passed a law, or prohibited an act; meaning no more than that the proper functionaries, organized for that purpose, have power to do the act, or have passed the law, or prohibited the particular action. The sovereignty of a nation or state, considered with reference to its association, as a body politic, may be absolute and uncontrollable in all respects, except the limitations which it chooses to impose upon itself. But the sovereignty of the government, organized within the state, may be of a very limited nature. It may extend to a few, or to many objects. It may be unlimited, as to some; it may be restrained, as to others. To the extent of the power given, the government may be sovereign, and its acts may be deemed the sovereign acts of the state. Nay, the state, by which we mean the people composing the state, may divide its sovereign powers among various functionaries, and each, in the limited sense, would be sovereign in respect to the powers confided to each, and dependent in all other cases. Strictly speaking, in our republican forms of government, the absolute sovereignty of the nation is in the people of the nation; and the residuary sovereignty of each state, not granted to any of its public functionaries, is in the people of the state.*
[Note *: * Mr. Madison, in his elaborate report in the Virginia legislature, in January, 1800, adverts to the different senses in which the word "state" is used. He says, "It is indeed true that the term 'states' is sometimes used in a vague sense, and sometimes in different senses, according to the subject to which it is applied. Thus it sometimes means the separate sections of territory occupied by the political societies within each; sometimes the particular governments established by those societies; sometimes those societies, as organized into those particular governments; and lastly, it means the people composing those political societies, in their highest sovereign capacity."]
There is another mode in which we speak of a state as sovereign, and that is in reference to foreign states. Whatever may be the internal organization of the government of any state, if it has the sole power of governing itself, and is not dependent upon any foreign state, it is called a sovereign state; that is, it is a state having the same rights, privileges, and powers, as other independent states. It is in this sense that the term is generally used in treatises and discussions on the law of nations.
Now, it is apparent that none of the colonies, before the revolution, were, in the most large and general sense, independent or sovereign communities. They were all originally settled under, and subjected to, the British crown. Their powers and authorities were derived from, and limited by, their respective characters. All, or nearly all, of these charters controlled their legislation by prohibiting them from making laws repugnant, or contrary, to those of England. The crown, in many of them, possessed a negative upon their legislation, as well as the exclusive appointment of their superior officers, and a right of revision, by way of appeal, of the judgments of their courts. In their most solemn declarations of rights, they admitted themselves bound, as British subjects, to allegiance to the British crown; and, as such, they claimed to be entitled to all the rights, liberties, and immunities, of free-born British subjects. They denied all power of taxation, except by their own colonial legislatures; but at the same time they admitted themselves bound by acts of the British Parliament for the regulation of external commerce, so as to secure the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members. So far as respects foreign states, the colonies were not, in the sense of the law of nations, sovereign states, but mere dependencies of Great Britain. They could make no treaty, declare no war, send no ambassadors, regulate no intercourse or commerce, nor, in any other shape, act as sovereigns, in the negotiations usual between independent states. In respect to each other, they stood in the common relation of British subjects; the legislation of neither could be controlled by any other; but there was a common subjection to the British crown. If in any sense they might claim the attributes of sovereignty, it was only in that subordinate sense to which we have alluded, as exercising within a limited extent certain usual powers of sovereignty. They did not even affect to claim a local allegiance.
In the next place, the colonies did not severally act for themselves, and proclaim their own independence. It is true that some of the states had previously formed incipient governments for themselves; but it was done in compliance with the recommendations of Congress. 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. New Hampshire also formed a government, in December, 1775, which was manifestly intended to be temporary, "during (as they said) the unhappy and unnatural contest with Great Britain." New Jersey, too, established 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. And South Carolina, in March, 1776, adopted a constitution of government; but this was, in like manner, "established until an accommodation between Great Britain and America could be obtained." But the declaration of the independence of all the colonies was the united act of all. It was "a declaration by the representatives of the United States of America in Congress assembled;" "by the delegates appointed by the good people of the colonies," as in a prior declaration of rights they were called. It was not an act done by the state governments then organized; nor by persons chosen by them. It was emphatically the act of the whole people of the United Colonies, by the instrumentality of their representatives, chosen for that among other purposes. It was an act not competent to the state governments, or any of them, as organized under their charters, to adopt. Those charters neither contemplated the case, nor provided for it. It was an act of original, inherent sovereignty by the people themselves, resulting from their right to change the form of government, and to institute a new government, whenever necessary for their safety and happiness. So the Declaration of Independence treats it. No state had presumed of itself to form a new government, or to provide for the exigencies of the times, without consulting Congress on the subject; and when they acted, it was in pursuance of the recommendation of Congress. It was, therefore, the achievement of the whole for the benefit of the whole. The people of the United Colonies made the United Colonies free and independent states, and absolved them from allegiance to the British crown. The Declaration of Independence has accordingly always been treated as an act of paramount and sovereign authority, complete and perfect per se, and ipso facto working an entire dissolution of all political connection with, and allegiance to, Great Britain; and this, not merely as a practical fact, but in a legal and constitutional view of the matter by courts of justice.
In the debates in the South Carolina legislature, in January, 1788, respecting the propriety of calling a convention of the people to ratify or reject the Constitution, a distinguished statesman used the following language: "This admirable manifesto (i. e. the Declaration of Independence) sufficiently refutes the doctrine of the individual sovereignty and independence of the several states. In that Declaration the several states are not even enumerated; but after reciting, in nervous language, and with convincing arguments, our rights to independence, and the tyranny which compelled us to assert it, the Declaration is made in the following words: 'We, therefore, the representatives of the United States, &c., do, in the name, &c., of the good people of these colonies, solemnly publish, &c., that these United Colonies are, and of right ought to be, free and independent states.' The separate independence and individual sovereignty of the several states were never thought of by the enlightened band of patriots who framed this Declaration. The several states are not even mentioned by name in any part, as if it was intended to impress the maxim on America, that our freedom and independence arose from our union, and that without it we could never be free or independent. Let us then consider all attempts to weaken this union, by maintaining that each state is separately and individually independent, as a species of political heresy, which can never benefit us, but may bring on us the most serious distresses."
During the time that the Declaration of Independence was under consideration, Congress took the necessary measures for the formation of a constitutional plan of union. On the 11th of June, 1776, it was resolved, that a committee should be appointed to prepare and digest the form of a confederation to be entered into between the colonies; and on the day following, after it had been determined that the committee should consist of a member from each colony, the following persons were appointed to perform that duty, to wit: Mr. Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R. Livingston, Mr. Dickinson, Mr. M'Kean, Mr. Stone, Mr. Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. Upon the report of this committee, the subject was from time to time debated, until the 15th of November, 1777, when a copy of the Confederation being made out, and sundry amendments made in the diction, without altering the sense, the same was finally agreed to Congress, at the same time, directed that the Articles should be proposed to the legislatures of all the United States, to be considered; and, if approved of by them, they were advised to authorize their delegates to ratify the same in the Congress of the United States; which being done, the same should become conclusive. Three hundred copies of the Articles of Confederation were ordered to be printed for the use of Congress; and on the 17th of November, the form of a circular letter, to accompany them, was brought in by a committee appointed to prepare it, and, being agreed to, thirteen copies of it were ordered to be made out, to be signed by the president, and forwarded to the several states, with copies of the Confederation. On the 29th of November ensuing, a committee of three was appointed, to procure a translation of the Articles to be made into the French language, and to report an address to the inhabitants of Canada, &c.
On the 26th of June, 1778, the form of a ratification of the Articles of Confederation was adopted; and it was ordered that the whole should be engrossed on parchment, with a view that the same should be signed by the delegates, in virtue of the powers furnished by the several states. On the 20th of June, 1778, Congress resolved, that the delegates of the states, beginning with New Hampshire, should be called upon for the report of their constituents upon the Confederation, and the powers committed to them, and that no amendments should be proposed but such as came from a state. Upon subsequent examination, it appeared that New Hampshire, New York, Virginia, and North Carolina, accepted the Articles as they stood, with a proviso, on the part of New York, that the same should not be binding on the state until all the other states in the Union should ratify the same. Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Maryland, and South Carolina, proposed alterations, additions, or amendments, which, upon their being considered by the Congress, were all rejected. The delegate from Georgia, when called on, stated, that he had not received any instructions from his constituents respecting the Articles of Confederation; but that, his state having shown so much readiness to ratify them, even in an imperfect form, and it being so much for their interest that the Confederation should be ratified, he had no doubt of their agreeing to the Articles as they stood. Delaware and North Carolina having no delegates present in Congress, no report was received from them; but North Carolina had signified her unanimous accession, by a letter from Governor Caswell, of the 26th of April, 1778. On the 9th of July of that year, the ratification of the Articles of Confederation, having been engrossed on a roll of parchment, was examined, the blanks filled up, and it was signed, on the part and in behalf of their respective states, by the delegates of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, Pennsylvania, Virginia, and South Carolina, agreeably to the powers vested in them. The delegates of the states of New Jersey, Delaware, and Maryland, informed Congress that they had not yet received powers to ratify and sign. North Carolina and Georgia were not at that time represented in Congress. A committee was appointed to prepare a circular letter to such states as had not authorized their delegates to ratify the Confederation, which was brought in and adopted, as follows: --
Sir: Congress, intent upon the present and future security of these United States, has never ceased to consider a confederacy as the great principle of union, which can alone establish the liberty of America, and exclude forever the hopes of its enemies. Influenced by considerations so powerful, and duly weighing the difficulties which oppose the expectation of any plan being formed that can exactly meet the wishes and obtain the approbation of so many states, differing essentially in various points, Congress have, after mature deliberation, agreed to adopt, without amendments, the Confederation transmitted to the several states for their approbation. The states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, Pennsylvania, Virginia, North Carolina, and South Carolina, have ratified the same, and it remains only for your state, with those of--,to conclude the glorious compact, which, by uniting the wealth, strength, and councils of the whole, may bid defiance to external violence and internal dissensions, whilst it secures the public credit both at home and abroad. Congress is willing to hope that the patriotism and good sense of your state will be influenced by motives so important; and they request, sir, that you will be pleased to lay this letter before the legislature of--,in order that, if they judge it proper, their delegates may be instructed to ratify the Confederation with all convenient despatch; trusting to future deliberations to make such alterations and amendments as experience may show to be expedient and just.
I have the honor to be, &c.
On the 21st of July, 1778, the delegates of North Carolina, being then empowered, signed the ratification; those of Georgia, being also authorized, signed it on the 24th of the same month. The delegates of New Jersey, in virtue of full powers, affixed their signatures on the 26th of November following. On the 5th of May, 1779, Mr. Dickinson and Mr. Vandyke signed the Articles of Confederation in behalf of the state of Delaware, Mr. M'Kean having previously signed them in February, at which time he produced a power to that effect. Maryland did not ratify until the year 1781. She had instructed her delegates, on the 15th of December, 1778, not to agree to the Confederation, until matters respecting the western lands should be settled on principles of equity and sound policy; but, on the 30th of January, 1781, finding that the enemies of the country took advantage of the circumstance to disseminate opinions of an ultimate dissolution of the Union, the legislature of the state passed an act to empower their delegates to subscribe and ratify the Articles, which was accordingly done by Mr. Hanson and Mr. Carroll, on the 1st of March of that year, which completed the ratifications of the act; and Congress assembled on the 2d of March under the new powers.
In Congress, Yorktown, November 17, 1777.
Congress having agreed upon a plan of confederacy for securing the freedom, sovereignty, and independence of the United States, authentic copies are now transmitted for the consideration of the respective legislatures.
This business, equally intricate and important, has, in its progress, been attended with uncommon embarrassment and delay, which the most anxious solicitude and persevering diligence could not prevent. To form a permanent union, accommodated to the opinion and wishes of the delegates of so many states, differing in habits, produce, commerce, and internal police, was found to be a work which nothing but time and reflection, conspiring with a disposition to conciliate, could mature and accomplish.
Hardly is it to be expected that any plan, in the variety of provisions essential to our union, should exactly correspond with the maxims and political views of every particular state. Let it be remarked, that, after the most careful inquiry, and the fullest information, this is proposed as the best which could be adapted to the circumstances of all, and as that alone which affords any tolerable prospect of general ratification.
Permit us, then, earnestly to recommend these Articles to the immediate and dispassionate attention of the legislatures of the respective states. Let them be candidly reviewed under a sense of the difficulty of combining in one general system the various sentiments and interests of a continent divided into so many sovereign and independent communities; under a conviction of the absolute necessity of uniting all our councils, and all our strength, to maintain and defend our common liberties; let them be examined with a liberality becoming brethren and fellow-citizens surrounded by the same imminent dangers, contending for the same illustrious prize, and deeply interested in being forever bound and connected together by ties the most intimate and indissoluble; and, finally, let them be adjusted with the temper and magnanimity of wise and patriotic legislators, who, while they are concerned for the prosperity of their own more immediate circle, are capable of rising superior to local attachments, when they may be incompatible with the safety, happiness, and glory, of the general confederacy.
We have reason to regret the time which has elapsed in preparing this plan for consideration: with additional solicitude we look forward to that which must be necessarily spent before it can be ratified. Every motive loudly calls upon us to hasten its conclusion.
More than any other consideration, it will confound our foreign enemies, defeat the flagitious practices of the disaffected, strengthen and confirm our friends, support our public credit, restore the value of our money, enable us to maintain our fleets and armies, and add weight and respect to our councils at home and to our treaties abroad.
In short, this salutary measure can no longer be deferred. It seems essential to our very existence as a free people; and, without it, we may soon be constrained to bid adieu to independence, to liberty, and safety--blessings which, from the justice of our cause, and the favor of our Almighty Creator, visibly manifested in our protection, we have reason to expect, if, in an humble dependence on his divine providence, we strenuously exert the means which are placed in our power.
To conclude: If the legislature of any state shall not be assembled, Congress recommend to the executive authority to convene it without delay; and to each respective legislature it is recommended to invest its delegates with competent powers, ultimately, in the name and behalf of the state, to subscribe Articles of Confederation and Perpetual Union of the United States, and to attend Congress for that purpose on or before the 10th day of March next.
On Friday, July 12, the committee appointed to draw the Articles of Confederation reported them, and on the 22d the house resolved themselves into a committee to take them into consideration. On the 30th and 31st of that month, and 1st of the ensuing, those articles were debated which determined the proportion, or quota, of money which each state should furnish to the common treasury, and the manner of voting in Congress. The first of these articles was expressed, in the original draft, in these words: --
"Art. XI. All charges of war, and all other expenses that shall be incurred for the common defence, or general welfare, and allowed by the United States assembled, shall be defrayed out of a common treasury, which shall be supplied by the several colonies in proportion to the number of inhabitants of every age, sex, and quality, except Indians not paying taxes, in each colony,--a true account of which, distinguishing the white inhabitants, shall be triennially taken, and transmitted to the Assembly of the United Stated."
Mr. CHASE moved that the quotas should be fixed, not by the number of inhabitants of every condition, but by that of the "white inhabitants." He admitted that taxation should be always in proportion to property; that this was, in theory, the true rule; but that, from a variety of difficulties, it was a rule which could never be adopted in practice. The value of the property in every state could never be estimated justly and equally. Some other measures for the wealth of the state must therefore be devised, some standard referred to, which would be more simple. He considered the number of inhabitants as a tolerably good criterion of property, and that this might always be obtained. He therefore thought it the best mode which we could adopt, with one exception only: he observed that negroes are property, and, as such, cannot be distinguished from the lands or personalties held in those states where there are few slaves; that the surplus of profit which a northern farmer is able to lay by, he invests in cattle, horses, &c., whereas a southern farmer lays out the same surplus in slaves. There is no more reason, therefore, for taxing the Southern States on the farmer's head, and on his slave's head, than the Northern ones on their farmers' heads and the heads of their cattle; that the method proposed would, therefore, tax the Southern States according to their numbers and their wealth conjunctly, while the Northern would be taxed on numbers only; that negroes, in fact, should not be considered as members of the state, more than cattle, and that they have no more interest in it.
Mr. JOHN ADAMS observed, that the numbers of people are taken, by this article, as an index of the wealth of the state, and not as subjects of taxation; that, as to this matter, it was of no consequence by what name you called your people, whether by that of freemen or of slaves; that, in some countries, the laboring poor are called freemen, in others they were called slaves; but that the difference as to the state was imaginary only. What matters it whether a landlord, employing ten laborers on his farm, give them annually as much money as will buy them the necessaries of life, or give them those necessaries at short hand? The ten laborers add as much wealth to the state, increase its exports as much, in the one case as the other. Certainly five hundred freemen produce no more profits, no greater surplus for the payment of taxes, than five hundred slaves. Therefore the state in which are the laborers called freemen, should be taxed no more than that in which are those called slaves. Suppose, by an extraordinary operation of nature or of law, one half the laborers of a state could, in the course of one night, be transformed into slaves; would the state be made the poorer, or the less able to pay taxes? That the condition of the laboring poor in most countries--that of the fishermen, particularly, of the Northern States--is as abject as that of slaves. It is the number of laborers which produces the surplus for taxation; and numbers, therefore, indiscriminately, are the fair index to wealth; that it is the use of the word "property" here, and its application to some of the people of the state, which produce the fallacy. How does the southern farmer procure slaves? Either by importation, or by purchase from his neighbor. If he imports a slave, he adds one to the number of laborers in his country, and, proportionably, to its profits, and ability to pay taxes. If he buys from his neighbor, it is only a transfer of a laborer from one farm to another, which does not change the annual produce of the state, and therefore should not change its tax; that if a northern farmer works ten laborers on his farm, he can, it is true, invest the surplus of ten men's labor in cattle; but so may the southern farmer, working ten slaves; that a state of one hundred thousand freemen can maintain no more cattle than one of one hundred thousand slaves. Therefore they have no more of that kind of property. That a slave may, indeed, from the custom of speech, be more properly called the wealth of his master, than the free laborer might be called the wealth of his employer; but as to the state, both were equally its wealth, and should therefore equally add to the quota of its tax.
Mr. HARRISON proposed, as a compromise, that two slaves should be counted as one freeman. He affirmed that slaves did not do as much work as freemen, and doubted if two effected more than one; that this was proved by the price of labor--the hire of a laborer in the southern colonies being from £8 to £12, while in the northern it was generally £24.
Mr. WILSON said that, if this amendment should take place, the southern colonies would have all the benefit of slaves, whilst the northern ones would bear the burden; that salves increase the profits of a state, which the Southern States mean to take to themselves; that they also increase the burden of defence, which would of course fall so much the heavier on the Northern; that slaves occupy the places of freemen, and eat their food. Dismiss your slaves, and freemen will take their places. It is our duty to lay every discouragement on the importation of slaves; but this amendment would give the jus trium liberorum to him who would import slaves; that other kinds of property were pretty equally distributed through all the colonies;--there were as many cattle, horses, and sheep, in the north as the south, and south as the north; but not so as to slaves;--that experience has shown that those colonies have been always able to pay most which have the most inhabitants, whether they be black or white; and the practice of the southern colonies has always been to make every farmer pay poll taxes upon all his laborers, whether they be black or white. He acknowledges, indeed, that freemen work the most; but they consume the most also. They do not produce a greater surplus for taxation. The slave is neither fed nor clothed so expensively as a freeman. Again, white women are exempted from labor generally, but negro women are not. In this, then, the Southern States have an advantage, as the article now stands. It has sometimes been said that slavery is necessary, because the commodities they raise would be too dear for market if cultivated by freemen; but now it is said that the labor of the slave is the dearest.
Mr. PAYNE urged the original resolution of Congress, to proportion the quotas of the states to the number of souls.
Dr. WITHERSPOON was of opinion that the value of lands and houses was the best estimate of the wealth of a nation, and that it was practicable to obtain such a valuation. This is the true barometer of wealth. The one now proposed is imperfect in itself, and unequal between the states. It has been objected that negroes eat the food of freemen, and therefore should be taxed: horses also eat the food of freemen; therefore they also should be taxed. It has been said, too, that, in carrying slaves into the estimate of the taxes the state is to pay, we do no more than those states themselves do, who always take slaves into the estimate of the taxes the individual is to pay. But the cases are not parallel. In the southern colonies slaves pervade the whole colony; but they do not pervade the whole continent. That, as to the original resolution of Congress, to proportion the quotas according to the souls, it was temporary only, and related to the moneys heretofore emitted; whereas we are now entering into a new compact, and therefore stand on original ground.
August 1.--The question being put, the amendment proposed was rejected by the votes of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, and Pennsylvania, against those of Delaware, Maryland, Virginia, North and South Carolina. Georgia was divided.
The other article was in these words: "Art. XVII. In determining questions, each colony shall have one vote."
July 30, 31, August 1.--Present forty-one members. Mr. CHASE observed, that this article was the most likely to divide us, of any one proposed in the draft then under consideration. That the larger colonies had threatened they would not confederate at all, if their weight in Congress should not be equal to the numbers of people they added to the confederacy; while the smaller ones declared against a union, if they did not retain an equal vote, for the protection of their rights. That it was of the utmost consequence to bring the parties together; as, should we sever from each other, either no foreign power will ally with us at all, or the different states will form different alliances, and thus increase the horrors of those scenes of civil war and bloodshed, which, in such a state of separation and independence, would render us a miserable people. That our importance, our interests, our peace, required that we should confederate, and that mutual sacrifices should be made to effect a compromise of this difficult question. He was of opinion the smaller colonies would lose their rights, if they were not in some instances allowed an equal vote; and, therefore, that a discrimination should take place among the questions which would come before Congress. That the smaller states should be secured in all questions concerning life or liberty, and the greater ones, in all respecting property. He therefore proposed that, in votes relating to money, the voice of each colony should be proportioned to the number of its inhabitants.
Dr. FRANKLIN thought, that the votes should be so proportioned in all cases. He took notice that the Delaware counties had bound up their delegates to disagree to this article. He thought it very extraordinary language to be held by any state, that they would not confederate with us, unless we would let them dispose of our money. Certainly, if we vote equally, we ought to pay equally; but the smaller states will hardly purchase the privilege at this price. That, had he lived in a state where the representation, originally equal, had become unequal by time and accident, he might have submitted rather than disturb government; but that we should be very wrong to set out in this practice, when it is in our power to establish what is right. That, at the time of the union between England and Scotland, the latter had made the objection which the smaller states now do; but experience had proved that no unfairness had ever been shown them; that their advocates had prognosticated that it would again happen, as in times of old, that the whale would swallow Jonah; but he thought the prediction reversed in event, and that Jonah had swallowed the whale; for the Scotch had in fact got possession of the government, and gave laws to the English. He reprobated the original agreement of Congress to vote by colonies, and, therefore, was for their voting, in all cases, according to the number of taxables.
Dr. WITHERSPOON opposed every alteration of the article. All men admit that a confederacy is necessary. Should the idea get abroad that there is likely to be no union among us, it will damp the minds of the people, diminish the glory of our struggle, and lessen its importance; because it will open to our view future prospects of war and dissension among ourselves. If an equal vote be refused, the smaller states will become vassals to the larger; and all experience has shown that the vassals and subjects of free states are the most enslaved. He instanced the helots of Sparta and the provinces of Rome. He observed that foreign powers, discovering this blemish, would make it a handle for disengaging the smaller states from so unequal a confederacy. That the colonies should, in fact, be considered as individuals; and that, as such, in all disputes they should have an equal vote; that they are now collected as individuals making a bargain with each other, and, of course, had a right to vote as individuals. That in the East India Company they voted by persons, and not by their proportion of stock. That the Belgic confederacy voted by provinces. That in questions of war the smaller states were as much interested as the larger, and therefore should vote equally; and, indeed, that the larger states were more likely to bring war on the confederacy, in proportion as their frontier was more extensive. He admitted that equality of representation was an excellent principle, but then it must be of things which are coordinate; that is, of things similar, and of the same nature; that nothing relating to individuals could ever come before Congress; nothing but what would respect colonies. He distinguished between an incorporating and a federal union. The union of England was an incorporating one; yet Scotland had suffered by that union; for that its inhabitants were drawn from it by the hopes of places and employments; nor was it an instance of equality of representation; because, while Scotland was allowed nearly a thirteenth of representation, they were to pay only one fortieth of the land tax. He expressed his hopes that, in the present enlightened state of men's minds, we might expect a lasting confederacy, if it was founded on fair principles.
JOHN ADAMS advocated the voting in proportion to numbers. He said, that we stand here as the representatives of the people; that in some states the people are many, in others they are few; that therefore their vote here should be proportioned to the numbers from whom it comes. Reason, justice, and equity, never had weight enough, on the face of the earth, to govern the councils of men. It is interest alone which does it, and it is interest alone which can be trusted; that therefore the interests within doors should be the mathematical representatives of the interests without doors; that the individuality of the colonies is a mere sound. Does the individuality of a colony increase its wealth or numbers? If it does, pay equally. If it does not add weight in the scale of the confederacy, it cannot add to their rights, nor weight in argument. A has £50, B £500, C £1000, in partnership. Is it just they should equally dispose of the moneys of the partnership? It has been said we are independent individuals, making a bargain together. The question is not what we are now, but what we ought to be when our bargain shall be made. The confederacy is to make us one individual only; it is to form us, like separate parcels of metal, into one common mass. We shall no longer retain our separate individuality, but become a single individual, as to all questions submitted to the confederacy. Therefore all those reasons which prove the justice and expediency of equal representation in other assemblies hold good here. It has been objected that a proportional vote will endanger the smaller states. We answer, that an equal vote will endanger the larger. Virginia, Pennsylvania, and Massachusetts, are the three greater colonies. Consider their distance, their difference of produce, of interests, and of manners, and it is apparent they can never have an interest or inclination to combine for the oppression of the smaller; that the smaller will naturally divide on all questions with the larger. Rhode Island, from its relation, similarity, and intercourse, will generally pursue the same objects with Massachusetts; Jersey, Delaware, and Maryland, with Pennsylvania.
Dr. RUSH took notice, that the decay of the liberties of the Dutch republic proceeded from three causes--1. the perfect unanimity requisite on all occasions; 2. their obligation to consult their constituents; 3. their voting by provinces. This last destroyed the equality of representation; and the liberties of Great Britain, also, are sinking from the same defect. That a part of our rights is deposited, in the hands of our legislatures. There, it was admitted, there should be an equality of representation. Another part of our rights is deposited in the hands of Congress. Why is it not equally necessary there should be an equal representation there? Were it possible to collect the whole body of the people together, they would determine the questions submitted to them by their majority. Why should not the same majority decide, when voting here by their representatives? The larger colonies are so providentially divided in situation, as to render every fear of their combining visionary. Their interests are different, and their circumstances dissimilar. It is more probable they will become rivals, and leave it in the power of the smaller states to give preponderance to any scale they please. The voting by the number of free inhabitants will have one excellent effect--that of inducing the colonies to discourage slavery and to encourage the increase of their free inhabitants.
Mr. HOPKINS observed, there were four larger, four smaller, and four middle-sized colonies. That the four largest would contain more than half the inhabitants of the confederating states, and therefore would govern the others as they should please. That history affords no instance of such a thing as equal representation. The Germanic body votes by states; the Helvetic body does the same; and so does the Belgic confederacy. That too little is known of the ancient confederations to say what was their practice.
Mr. WILSON thought that taxation should be in proportion to wealth, but that representation should accord with the number of freemen. That government is a collection or result of the wills of all; that if any government could speak the will of all, it would be perfect; and that, so far as it departs from this, it becomes imperfect. It has been said that Congress is a representation of states, not of individuals., I say, that the objects of its care are all the individuals of the states. It is strange that annexing the name of "state" to ten thousand men, should give them an equal right with forty thousand. This must be the effect of magic, not of reason. As to those matters which are referred to Congress, we are not so many states; we are one large state. We lay aside our individuality whenever we come here. The Germanic body is a burlesque on government, and their practice on any point is a sufficient authority and proof that it is wrong. The greatest imperfection in the constitution of the Belgic confederacy is their voting by provinces. The interest of the whole is constantly sacrificed to that of the small states. The history of the war in the reign of Queen Anne sufficiently proves this. It is asked, Shall nine colonies put it into the power of four to govern them as they please? I invert the question, and ask, Shall two millions of people put it into the power of one million to govern them as they please? It is pretended, too, that the smaller colonies will be in danger from the greater. Speak in honest language, and say, the minority will be in danger from the majority. And is there an assembly on earth where this danger may not be equally pretended? The truth is, that our proceedings will then be consentaneous with the interests of the majority, and so they ought to be. The probability is much greater that the larger states will disagree than that they will combine. I defy the wit of man to invent a possible case, or to suggest any one thing on earth, which shall be for the interests of Virginia, Pennsylvania and Massachusetts, and which will not also be for the interests of the other states.
These articles, reported July 12, '76, were debated from day to day, and time to time, for two years; were ratified July 9, '78, by ten states; by New Jersey, on the 26th of November of the same year; and by Delaware, on the 23d of February following. Maryland, alone, held off two years more, acceding to them March 1, '81, and thus closing the obligation.
To all to whom these Presents shall come,
We, the undersigned, Delegates of the States affixed to our names, send
greeting:
Whereas the delegates of the United States of America, in Congress assembled, did, on the fifteenth day of November, in the year of our Lord one thousand seven hundred and seventy -seven, and in the second year of the Independence of America, agree to certain Articles of Confederation and Perpetual Union, between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in the words following, viz.: --
Articles of Confederation and Perpetual Union, between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.
Article 1. The style of this confederacy shall be, "The United States of America."
Art. 2. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled.
Art. 3. The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare; binding themselves to assist each other against all force offered to, or attacks made upon, them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
Art. 4. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this Union, the free inhabitants of each of these states--paupers, vagabonds, and fugitives from justice, excepted--shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions, as the inhabitants thereof, respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any state from any other state, of which the owner is an inhabitant; provided also, that no imposition, duty, or restriction, shall be laid by any state on the property of the United States, or either of them.
If any person, guilty of, or charged with, treason, felony, or other high misdemeanor, in any state, shall free from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the state from which he fled, he delivered up, and removed to the state having jurisdiction of his offence.
Full faith and credit shall be given, in each of these states, to the records, acts, and judicial proceedings, of the courts and magistrates of every other state.
Art. 5. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year.
No state shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees, or emolument of any kind.
Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states.
In determining questions in the United States in Congress assembled, each state shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress; and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on, Congress, except for treason, felony, or breach of the peace.
Art. 6. No state, without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty, with any king, prince, or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state; nor shall the United States in Congress assembled, or any of them, grant any title of nobility.
No two or more states shall enter into any treaty, confederation, or alliance whatever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No state shall lay any imposts or duties, which may interfere with any stipulations in treaties entered into, by the United States in Congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by Congress to the courts of France and Spain.
No vessel of war shall be kept up in time of peace by any state, except such number only as shall be deemed necessary, by the United States in Congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only as, in the judgment of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well-regulated and disciplined militia, sufficiently armed and accounted, and shall provide, and have constantly ready for use, in public stores, a due number of field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.
No state shall engage in any war without the consent of the United States in Congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted; nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such state be infested by pirates; in which case, vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
Art. 7. When land forces are raised by any state for the common defence, all officers of or under the rank of colonel shall be appointed by the legislature of each state, respectively, by whom such forces shall be raised, or in such manner as such state shall direct; and all vacancies shall be filled up by the state which first made the appointment.
Art. 8. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land, within each state, granted to or surveyed for any person, as such land, and the buildings and improvements thereon, shall be estimated, according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint.
The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states, within the time agreed upon by the United States in Congress assembled.
Art. 9. The United States in Congress assembled shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article--of sending and receiving ambassadors--entering into treaties and alliances; provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever--of establishing rules for deciding, in all cases, what captures, on land or water, shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated--of granting letters of marque and reprisal in times of peace--appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of capture; provided that no member of Congress shall be appointed a judge of any of the said courts.
The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise, between two or more states, concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following: Whenever the legislative or executive authority, or lawful agent, of any state in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties, by their lawful agents,--who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree, Congress shall name three persons out of each of the United States, and iron the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, shall, in the presence of Congress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination; and if either party shall neglect to attend at the day appointed, without showing reasons which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each state, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall, in like manner, be final and decisive,--the judgment or sentence, and other proceedings, being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned; provided that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward:" provided, also, that no state shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of soil, claimed under different grants of two or more states, whose jurisdiction, as they may respect such lands, and the states which passed such grants, are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.
The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states; fixing the standard of weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated; establishing and regulating post-offices from one state to another throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office; appointing all officers of the land forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the government and regulation of the said land and naval forces, and directing their operations.
The United States in Congress assembled shall have authority to appoint a committee to sit in the recess of Congress, to be denominated "a committee of the states," and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction--to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years--to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses--to borrow money or emit bills on the credit of the United States, transmitting, every half year, to the respective states, an account of the sums of money so borrowed or emitted--to build and equip a navy--to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisitions shall be binding; and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled: but if the United States in Congress assembled shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped, in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same; in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.
The United States in Congress assembled shall never engage in a war; nor grant letters of marque and reprisal in time of peace; nor enter into any treaties or alliances; nor coin money; nor regulate the value thereof; nor ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them; nor emit bills; nor borrow money on the credit of the United States; nor appropriate money; nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised; nor appoint a commander-in-chief of the army or navy,--unless nine states assent to the same; nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in Congress assembled.
The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months; and shall publish the journal of their proceedings monthly, except such parts thereof, relating to treaties, alliances, or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states.
Art. 10. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the Articles of Confederation, the voice of nine states in the Congress of the United States assembled is requisite.
Art. 11. Canada, acceding to this Confederation, and joining in the measures of the United States, shall be admitted into, and entitled to, all the advantages of this union; but no other colony shall be admitted into the same unless such admission be agreed to by nine states.
Art. 12. All bills of credit emitted, moneys borrowed, and debts contracted, by or under the authority of Congress, before the assembling of the United States in pursuance of the present Confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith, are hereby solemnly pledged.
Art. 13. 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 by the legislature of every state.
And whereas it has pleased the Great Governor of the world to incline the hearts of the legislatures we respectively represent in Congress, to approve of and to authorize us to ratify the said Articles of Confederation and Perpetual Union: Know ye, That we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and Perpetual Union, and all and singular the matters and things therein contained; and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions which, by the said Confederation, are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent; and that the union shall be perpetual.
In witness whereof, we have hereunto set our hands, in Congress. Done at Philadelphia, in the state of Pennsylvania, the ninth day of July, in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the Independence of America.
On the part and behalf of the state of New Hampshire.
Josiah Bartlett,
John Wentworth, Jun., Aug. 8, 1778.
On the part and behalf of the state of Massachusetts Bay.
John Hancock,
Samuel Adams,
Elbridge Gerry,
Francis Dana,
James Lovell,
Samuel Holten.
On the part and behalf of the state of Rhode Island and Providence Plantations.
William Ellery,
Henry Marchant,
John Collins.
On the part and behalf of the state of Connecticut.
Roger Sherman,
Samuel Huntington,
Oliver Wolcott,
Titus Hosmer,
Andrew Adams.
On the part and behalf of the state of New York.
Jas. Duane,
Fra. Lewis,
Wm. Duer,
Gouv. Morris.
On the part and behalf of the state of New Jersey.
Jno. Witherspoon,
Nath. Scudder, Nov. 26, 1778.
On the part and behalf of the state of Pennsylvania.
Robert Morris,
Daniel Roberdeau,
Jona. Bayard Smith,
William Clingan,
Joseph Reed, 22d July, 1778.
On the part and behalf of the state of Delaware.
Thos. M'Kean, Feb. 13, '79,
John Dickinson, May 5, '79,
Nicholas Van Dyke.
On the part and behalf of the state of Maryland.
John Hanson, March 1, '81,
Daniel Carroll, do.
On the part and behalf of the state of Virginia.
Richard Henry Lee,
John Banister,
Thomas Adams,
Jno. Harvie,
Francis Lightfoot Lee.
On the part and behalf of the state of North Carolina.
John Penn, July 21, '78,
Jno. Williams,
Corns. Harnett.
On the part and behalf of the state of South Carolina.
Henry Laurens,
William Henry Drayton,
Jno. Mathews,
Richard Hutson,
Thos. Heyward, Jun.
On the part and behalf of the state of Georgia.
Jno. Walton, July 24, '78,
Edw'd Telfair,
Edw'd Langworthy.
Monday, June 22, 1778.--That the objections from the state of MARYLAND to the Confederation be immediately taken up and considered by Congress, that the delegates from Maryland may transmit to that state, with all possible despatch, the determination of Congress on those objections.
Question put--resolved in the affirmative.
A motion was then made in behalf of Maryland.
In article 4, strike out the word "paupers;" and after the words "or either of them," insert "that one state shall not be burdened with the maintenance of the poor who may remove into it from any of the others in the Union."
Question put--passed in the negative, one state only answering Ay.
Another amendment was moved in behalf of Maryland.
Article 8, after the words "granted to or surveyed for," insert, "or which shall hereafter be granted to or surveyed for any person."
Question put--passed in the negative; 4 ayes, 8 noes.
A third amendment was moved in behalf of Maryland.
Article 9, after the words "shall be deprived of territory for the benefit of the United States," insert, "the United States in Congress assembled shall have the power to appoint commissioners, who shall be fully authorized and empowered to ascertain and restrict the boundaries of such of the confederated states which claim to extend to the River Mississippi or South Sea:" after debate,
Resolved, That the consideration thereof be postponed till to-morrow.
Tuesday, June 23, 1778.--Congress proceeded to consider the amendment of the Articles of Confederation moved in behalf of Maryland,--
And it passed in the negative.
The delegates of MASSACHUSETTS BAY, being called on, read sundry objections, transmitted to them by their constituents, to the Articles of Confederation, and thereupon moved, in behalf of their state,--
1st. That the 8th article be reconsidered, so far as relates to the criterion fixed on for settling the proportion of taxes to be paid by each state; that an amendment may be made, so that the rule of apportionment may be varied, from time to time, by Congress, until experience shall have shown what rule of apportionment will be most equal, and, consequently, most just.
Question put--passed in the negative: 2 ayes, 8 noes.
2d. That the 5th section of the 9th article be reconsidered, so far as relates to the rule of apportioning the number of forces to be raised by each state on the requisition of Congress.
Question put--passed in the negative; 3 ayes, 7 noes.
3d. That the 6th section of the 9th article be reconsidered, so far as it makes the assent of nine states necessary to exercise the powers with which Congress are thereby invested.
Question put--passed in the negative.
The delegates from RHODE ISLAND, being called on, produced instructions from their constituents, and thereupon moved the following amendments:--
1st. In the 5th article, after the word "two," insert "members, unless by sickness, death, or any other unavoidable accident, but one of the members of a state can attend Congress in which case such state may be represented in Congress by one member for the space of--months."
Question put--passed in the negative; 1 ay, 9 noes.
2d. In the 8th article, after the word "appoint," and "such estimate to be taken and made once in every five years."
Question put--passed in the negative; 4 ayes, 6 noes.
3d. In the 9th article, at the end of the 2d paragraph, after the words "for the benefit of the United States," add "provided, nevertheless, that all lands within these states, the property of which, before the present war, was vested in the crown of Great Britain, or out of which revenues from quitrents arise, payable to the said crown, shall be deemed, taken, and considered, as the property of these United States, and be disposed of and appropriated by Congress for the benefit of the whole confederacy--reserving, however, to the states, within whose limits such crown lands may be, the entire and complete jurisdiction thereof."
Question put--passed in the negative; 1 ay, 9 noes.
The delegates from CONNECTICUT, being called on, produced instructions, and thereupon moved the following amendments:--
1st. In the article, after the words "in proportion to," strike out what follows, to the end of the sentence, and in lieu thereof insert "the number of inhabitants in each state."
Question put--passed in the negative; 3 ayes, 9 noes.
2d. In the 9th article, at the end of the 5th paragraph, add the words following: "provided, that no land army shall be kept up by the United States in time of peace; nor any officers or pensioners kept in pay by them, who are not in actual service, except such as are or may be rendered unable to support themselves, by wounds received in battle, in the service of the said states, agreeably to the provisions already made by a resolution of Congress."
Question put--passed in the negative; 1 ay, 11 noes.
Thursday, June 25, 1778.--Congress took into consideration the representation from NEW JERSEY, on the Articles of Confederation, which was read as follows:--
"To the United States in Congress assembled, the representation of the Legislative Councils and General Assembly of the state of New Jersey showeth,--
"That the Articles of Confederation and Perpetual Union, between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, proposed by the honorable Congress of the said states, severally, for their consideration, have been by us fully and attentively considered, on which we beg leave to remark as follows:--
"1st. In the 5th article, where, among other things, the qualifications of the delegates from the several states are described, there is no mention of any oath, test, or declaration, to be taken or made by them previous to their admission to seats in Congress. It is indeed to be presumed, the respective states will be careful that the delegates they send to assist in managing the general interests of the Union take the oaths to the government from which they derive their authority; but as the United States, collectively considered, have interests as well as each particular state, we are of opinion that some test or obligation, binding upon each delegate, while he continues in the trust, to consult and pursue the former as well as the latter, and particularly to assent to no vote or proceeding which may violate the general confederation, is necessary. The laws and usages of all civilized nations evince the propriety of an oath on such occasions, and the more solemn and important the deposit, the more strong and explicit ought the obligation to be.
"2d. By the 6th and 9th articles, the regulation of trade seems to be committed to the several states within their separate jurisdiction, in such a degree as may involve many difficulties and embarrassments, and be attended with injustice to some states in the Union. We are of opinion that the sole and exclusive power of regulating the trade of the United States with foreign nations ought to be clearly vested in the Congress, and that the revenue arising from all duties and customs imposed thereon ought to be appropriated to the building, equipping, and manning a navy, for the protection of the trade and defence of the coasts, and to such other public and general purposes as to the Congress shall seem proper, and for the common benefit of the states. This principle appears to us to be just; and it may be added, that a great security will, by this means, be derived to the Union, from the establishment of a common and mutual interest.
"3d. It is wisely provided, in the 6th article, that no body of forces shall be kept up by any state in time of peace, except such number only as, in the judgment of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such states. We think it ought also to be provided, and clearly expressed, that no body of troops be kept up by the United States in time of peace, except such number only as shall be allowed by the assent of nine states. A standing army, a military establishment, and every appendage thereof, in time of peace, is totally abhorrent from the ideas and principles of this state. In the memorable act of Congress, declaring the United Colonies free and independent states, it is emphatically mentioned, as one of the causes of separation from Great Britain, that the sovereign thereof had kept up among us, in time of peace, standing armies, without the consent of the legislatures. It is to be wished the liberties and happiness of the people may, by the Confederation, be carefully and explicitly guarded in this respect.
"4th. On the 8th article we observe, that, as frequent settlements of the quotas for supplies and aids, to be furnished by the several states, in support of the general treasury, will be requisite, so they ought to be secured. It cannot be thought improper or unnecessary to have them struck once at least in every five years, and oftener if circumstances will allow. The quantity or value of real property in some states may increase much more rapidly than in others, and therefore the quota which is at one time just will, at another, be disproportionate.
"5th. The boundaries and limits of each state ought to be fully and finally fixed and made known. This, we apprehend, would be attended with very salutary effects, by preventing jealousies as well as controversies, and promoting harmony and confidence among the states. If the circumstances of the times would not admit of this previous to the proposal of the Confederation to the several states, the establishment of the principles upon which, and the rule and mode by which, the determination might be conducted, at a time more convenient and favorable for despatching the same at an early period, (not exceeding five years from the final ratification of the Confederation,) would be satisfactory.
"6th. The 9th article provides that no state shall be deprived of territory for the benefit of the United States. Whether we are to understand that by territory is intended any land, the property of which was heretofore vested in the crown of Great Britain, or that no mention of such land is made in the Confederation, we are constrained to observe, that the present war, as we always apprehended, was undertaken for the general defence and interest of the confederating colonies, now the United States. It was ever the confident expectation of this state, that the benefits derived from a successful contest were to be general and proportionate; and that the property of the common enemy, falling in consequence of a prosperous issue of the war, would belong to the United States, and be appropriated to their use. We are therefore greatly disappointed in finding no provision made in the Confederation for empowering the Congress to dispose of such property, but especially the vacant and impatented lands, commonly called the crown lands, for defraying the expenses of the war, and for such other public and general purposes. The jurisdiction ought, in every instance, to belong to the respective states within the charter or determined limits of which such lands may be seated; but reason and justice must decide, that the property which existed in the crown of Great Britain previous to the present revolution ought now to belong to the Congress, in trust for the use and benefit of the United States. They have fought and bled for it, in proportion to their respective abilities, and therefore the reward ought not to be predilectionally distributed. Shall such states as are shut out by situation from availing themselves of the least advantage from this quarter, be left to sink under an enormous debt, whilst others are enabled, in a short period, to replace all their expenditures from the hard earnings of the whole confederacy?
"7th. The 9th article also provides that the requisition for the land forces, to be furnished by the several states, shall be proportioned to the number of white inhabitants in each. In the act of independence we find the following declaration: 'We hold these truths to be self-evident--that all men are created equal; that they are endued by their Creator with certain unalienable rights, among which are life, liberty, and the pursuit of happiness.' Of this doctrine it is not a very remote consequence, that all the inhabitants of every society, be the color of their complexion what it may, are bound to promote the interest thereof, according to their respective abilities. They ought, therefore, to be brought into the account, on this occasion. But admitting necessity or expediency to justify the refusal of liberty, in certain circumstances, to persons of a particular color, we think it unequal to reckon upon such in this case. Should it be improper, for special local reasons, to admit them in arms for the defence of the nation, yet we conceive the proportion of forces to be imbodied ought to be fixed according to the whole number of inhabitants in the state, from whatever class they may be raised. If the whole number of inhabitants in a state, whose inhabitants are all whites, both those who are called into the field and those who remain to till the ground and labor in mechanical arts and otherwise, are reckoned in the estimate for striking the proportion of forces to be furnished by that state, ought even a part of the latter description to be left out in another? As it is of indispensable necessity, in every war, that a part of the inhabitants be employed for the uses of husbandry and otherwise at home, while others are called into the field, there must be the same propriety that owners of a different color, who are employed for this purpose in one state, while whites are employed for the same purpose in another, be reckoned in the account of the inhabitants in the present instance.
"8th. In order that the quota of troops to be furnished in each state, on occasion of a war, may be equitably ascertained, we are of opinion that the inhabitants of the several states ought to be numbered as frequently as the nature of the case will admit, and once, at least, every five years. The disproportioned increase in the population of different states may render such provision absolutely necessary.
"9th. It is provided, in the 9th article, that the assent of nine states, out of the thirteen, shall be necessary to determine in sundry cases of the highest concern. If this proportion be proper and just, it ought to be kept up, should the states increase in number, and a declaration thereof be made, for the satisfaction of the Union.
"That we think it our indispensable duty to solicit the attention of Congress to these considerations and remarks, and to request that the purport and meaning of them be adopted as part of the general confederation; by which means we apprehend the mutual interests of all the states will be better secured and promoted, and that the legislature of this state will then be justified in ratifying the same."
Whereupon it was moved that the several articles in the Confederation, referred to in the foregoing representation, be so far reconsidered as to admit the purport and meaning of the additions, alterations, and amendments, proposed in the said representation.
Question put--passed in the negative; 3 ayes, 6 noes, 1 divided.
The delegates of PENNSYLVANIA, being called on, moved the following amendments, in behalf of their state:--
1st. In the 1st paragraph of the 5th article, dele the words "for the remainder of the year."
Question put--passed in the negative; 2 ayes, 8 noes, 1 divided.
2d. That such part of the 9th article as respects the post-office be altered or amended, so as that Congress be obliged to lay the accounts annually before the legislatures of the several states.
Question put--passed in the negative; 2 ayes, 9 noes.
3d. In the 5th paragraph of the 9th article, expunge the word "white."
Question put--passed in the negative; 3 ayes, 7 noes, 1 divided.
4th. In the last section of the 9th article, after the word "delegates," add "respectively."
Question put--passed in the negative; 1 aye, 10 noes.
The delegates from SOUTH CAROLINA, being called on, moved the following amendments, in behalf of their state:--
1st. In article 4, between the words "free inhabitants," insert "white."
Passed in the negative; 2 ayes, 8 noes, 1 divided.
2d. In the next line, after the words "these states," insert "those who refuse to take up arms in defence of the confederacy."
Passed in the negative; 3 ayes, 8 noes.
3d. After the words "the several states," insert "according to the law of such states respectively for the government of their own free white inhabitants."
Passed in the negative; 2 ayes, 8 noes, 1 divided.
4th. After the words "of which the owner is an inhabitant," insert "except in cases of embargo."
Passed in the negative; 2 ayes, 9 noes.
5th. In the 1st paragraph of the 5th article, strike out "first Monday in November," and insert "nineteenth day of April."
Passed in the negative; 1 ay, 9 noes, 1 divided.
6th. In the 2d paragraph of the 5th article, substitute "three" in the place of "two," and "two" in the place of "three," and "four" in the place of "six."
Passed in the negative; 2 ayes, 9 noes.
7th. In the 3d paragraph, for "committee," read "grand council."
Passed in the negative; 1 ay, 9 noes, 1 divided.
8th. In the 1st paragraph of the 6th article, for "prince or state," read "prince or foreign state, except the same be upon the subject of commerce, nor then so as to interfere with any treaty or alliance of the United States made, or treaty proposed, by Congress."
Passed in the negative; 2 ayes, 9 noes.
9th. In the 2d paragraph of the 6th article, strike out "by some nation of Indians," and after the words "to invade such state," insert "or upon requisition to assist a sister state actually invaded or threatened with an invasion."
Passed in the negative; 3 ayes, 8 noes.
10th. In the 1st paragraph of the 7th article, strike out "of or under the rank of colonel," and after "shall be appointed," insert "and commissioned."
Passed in the negative; 2 ayes, 8 noes, 1 divided.
11th. At the end of the 7th article, add, "The troops to be raised shall be deemed the troops of that state by which they are raised. The Congress, or grand council of the states, may, when they think proper, make requisition to any state for two thirds of the troops to be raised; which requisition shall be binding upon the said states respectively; but the remaining third shall not be liable to be drawn out of the state in which they are raised, without the consent of the executive authority of the same. When any forces are raised, they shall be under the command of the executive authority of the state in which they are so raised, unless they be joined by troops from any other state, in which the Congress, or grand council of the states, may appoint a general officer to take the command of the whole; and until the same can be done, the command shall be in the senior officer present, who shall be amenable for his conduct to the executive authority of the state in which the troops are, and shall be liable to be suspended thereby. The expenses of the troops so to be raised shall be defrayed by the state to which they belong; but when called into service by the United States, they shall be fed and paid at the expense of the United States."
Passed in the negative; 2 ayes, 9 noes.
12th. In the 1st line of the 8th article, strike out "charges of war and all other."
Passed in the negative; 2 ayes, 8 noes, 1 divided.
13th. In the same article strike out "according to such mode as the United States in Congress assembled shall from time to time direct and appoint;" and instead of "and improvements thereon shall be estimated," read "and improvements thereon shall, by periods of years not exceeding ten, as often as may be required by Congress, be generally estimated by persons to be appointed by the legislatures of the respective states to value the same upon oath."
Passed in the negative; 2 ayes, 9 noes.
14th. In the 1st paragraph of the 9th article, strike out "appointing courts for the trial of piracies and felonies committed on the high seas," and in lieu thereof, insert "declaring what acts committed on the high seas shall be deemed piracies or felonies."
Passed in the negative; 2 ayes, 9 noes.
15th. In the 2d paragraph of the 9th article, for "be the last resort on appeal," read "decide and determine," and strike out "all that relates to the mode of settling differences between states and controversies concerning private right of soil."
Passed in the negative; 2 ayes, 9 noes.
16th. In the 5th paragraph of the 9th article, after the words "in any term of," strike out "three," and insert "two."
Passed in the negative; 3 ayes, 7 noes, 1 divided.
17th. In the 6th paragraph of the 9th article, for "unless nine states," read "unless eleven states."
Passed in the negative; 2 ayes, 9 noes.
18th. At the end of the same paragraph, strike out the words "in Congress assembled."
Passed in the negative; 1 ay, 10 noes.
19th. In the last paragraph of the 9th article, after the words "and the yeas and nays of the delegates of each state on," for "any," read "every," and strike out the words "when it is desired by any delegate."
Passed in the negative; 2 ayes, 9 noes.
20th. In the same sentence, strike out "a state or," and also "at his or their request;" and after the words "and the," insert "respective states of the," and after "shall," insert "upon requisition."
Passed in the negative; 1 ay, 10 noes.
21st. Amend the last clause of the 13th article, so as to read "unless such alteration be agreed to by eleven of the United States in Congress assembled, and be afterwards confirmed by the legislatures of eleven of the United States."
Passed in the negative; 3 ayes, 6 noes, 2 divided.
Saturday, February 3, 1781.--The order of the day (being a report concerning the laying a duty of five per cent.) was called for, when a motion was made by Mr. Witherspoon, seconded by Mr. Burke,--
"That it is indispensably necessary that the United States in Congress assembled should be vested with a right of superintending the commercial regulations of every state, that none may take place that shall be partial or contrary to the common interest; and that they should be vested with the exclusive right of laying duties upon all imported articles; no restriction to be valid, and no such duty to be laid, but with the consent of nine states; provided, that all duties and imposts laid by the United States in Congress assembled, shall always be a certain proportion of the value of the article or articles on which the same shall be laid; and the same articles shall bear the same duty and impost throughout the said states without exemption; and provided, that all such duties and imposts shall be for the perfecting of certain specified purposes, which purposes being perfected, the said duties and imposts so appropriated shall cease; provided also, that the United States in Congress assembled shall not be empowered to appropriate any duties or imposts for perpetual annuities, or other perpetual or indefinite interests, or for annuities for more than three lives at the same time in being, or for a longer term than--years."
On the question to agree to this, the yeas and nays being required by Mr. Mathews, it passed in the negative.
Congress resumed the consideration of the report of the committee of the whole, (for laying a duty of five per cent.;)
And on the question to insert the words [to transfer the power to lay the duty from the states to Congress] moved to be inserted, the yeas and nays were required; and it was resolved in the affirmative.
The report of the committee of the whole, being amended, was agreed to, as follows:--
Resolved, That it be recommended to the several states, as indispensably necessary, that they vest a power in Congress to levy, for the use of the United States, a duty of five per cent. ad valorem, at the time and place of importation, upon all goods, wares, and merchandise, of foreign growth and manufacture, which may be imported into any of the said states from any foreign port, island, or plantation, after the 1st day of May, 1781; except arms, ammunition, clothing, and other articles imported on account of the United States, or any of them; and except wool cards and cotton cards, and wire for making them; and also except salt, during the war.
Also a like duty of five per cent. on all prizes and prize goods, condemned in the court of admiralty of any of these states as lawful prize.
That the moneys arising from the said duties be appropriated to the discharge of the principal and interest of the debts already contracted, or which may be contracted, on the faith of the United States, for supporting the present war.
That the said duties be continued until the said debts shall be fully and finally discharged.
Friday, April 18, 1783.--Congress proceeded in the consideration of the report, (concerning duties and revenues;) and sundry amendments being made,--
Resolved, by nine states, That it be recommended to the several states, as indispensably necessary to the restoration of public credit, and to the punctual and honorable discharge of the public debts, to invest the United States in Congress assembled with a power to levy, for the use of the United States, the following duties upon goods imported into the said states from any foreign port, island, or plantation:--
Upon all rum of Jamaica proof, per gallon, ... 4-90ths of a dollar.
Upon all other spirituous liquors, ... 3-90ths ditto.
Upon Madeira wine, ... 12-90ths ditto.
Upon all other wines, ... 6-90ths ditto.
Upon common Bohea ten, per lb., ... 6-90ths ditto.
Upon all other teas, ... 24-90ths ditto.
Upon pepper, per lb., ... 3-90ths ditto.
Upon brown sugar, per lb., ... ½-90th ditto.
Upon loaf sugar, ... 2-90ths ditto.
Upon all other sugars, ... 1-90th ditto.
Upon molasses, per gallon, ... 1-90th ditto.
Upon cocoa and coffee, per lb., ... 1-90th ditto.
Upon all other goods, a duty of five per cent. ad valorem, at the time and place of importation.
Provided, That none of the said duties shall be applied to any other purpose than the discharge of the interest or principal of the debts contracted, on the faith of the United States, for supporting the war, agreeably to the resolution of the 16th day of December last, nor be continued for a longer term than twenty-five years; and provided, that the collectors of the said duties shall be appointed by the states within which their offices are to be respectively exercised; but when so appointed, shall be amenable to, and removable by, the United States in Congress assembled, alone; and in case any state shall not make such appointment within one month after notice given for that purpose, the appointment may be made by the United States in Congress assembled.
That it be further recommended to the several states to establish, for a term limited to twenty-five years, and to appropriate to the discharge of the interest and principal of the debts contracted on the faith of the United States for supporting the war, substantial and effectual revenues, of such nature as they may judge most convenient, for supplying their respective proportions of one million five hundred thousand dollars, annually, exclusive of the afore-mentioned duties, which proportion shall be fixed and equalized from time to time, according to the rule which is, or may be, prescribed by the Articles of Confederation; and in case the revenues established by any state shall at any time yield a sum exceeding its actual proportion, the excess shall be refunded to it; and in case the revenues of any state shall be found to be deficient, the immediate deficiency shall be made up by such state with as little delay as possible, and a future deficiency guarded against by an enlargement of the revenues established; provided, that, until the rule of the Confederation can be carried into practice, the proportions of the said one million five hundred thousand dollars shall be as follows, viz.:--
New Hampshire, ... 52,708
Massachusetts, ... 224,427
Rhode Island, ... 32,318
Connecticut, ... 132,091
New York, ... 128,243
New Jersey, ... 83,358
Pennsylvania, ... 205,189
Delaware, ... 22,443
Maryland, ... 141,517
Virginia, ... 256,487
North Carolina, ... 109,006
South Carolina, ... 96,183
Georgia, ... 16,030
The said last-mentioned revenues to be collected by persons appointed as aforesaid, but to be carried to the separate credit of the states within which they shall be collected.
That an annual account of the proceeds and application of all the afore-mentioned revenues shall be made out and transmitted to the several states, distinguishing the proceeds of each of the specified articles, and the amount of the whole revenue received from each state, together with the allowances made to the several officers employed in the collection of the said revenues.
That none of the preceding resolutions shall take effect until all of them shall be acceded to by every state; after which unanimous accession, however, they shall be considered as forming a mutual compact among all the states, and shall be irrevocable by any one or more of them, without the concurrence of the whole, or a majority of the United States in Congress assembled.
That, as a further mean, as well of hastening the extinguishment of the debts, as of establishing the harmony of the United States, it be recommended to the states which have passed no acts towards complying with the resolutions of Congress of the 6th of September, and 10th of October, 1780, relative to the cession of territorial claims, to make the liberal cessions therein recommended, and to the states which may have passed acts complying with the said resolutions in part only, to revise and complete such compliance.
That, as a more convenient and certain rule of ascertaining the proportions to be supplied by the states respectively to the common treasury, the following alteration in the Articles of Confederation and Perpetual Union between these states, be, and the same is hereby agreed to in Congress; and the several states are advised to authorize their respective delegates to subscribe and ratify the same, as part of the said instrument of union, in the words following, to wit:--
So much of the 8th of the Articles of Confederation and Perpetual Union, between the thirteen states of America, as is contained in the words following, to wit, "All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any person, as such land, and the buildings and improvements thereon shall be estimated, according to such mode as the United States in Congress assembled shall from time to time direct and appoint," is hereby revoked and made void; and in place thereof, it is declared and concluded, the same having been agreed to in a Congress of the United States, that all charges of war, and all other expenses, that have been, or shall be, incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, except so far as shall be otherwise provided for, shall be defrayed out of a common treasury, which shall be supplied by the several states in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes, in each state; which number shall be triennially taken and transmitted to the United States in Congress assembled, in such mode as they shall direct and appoint.
On the question to agree to the foregoing act, the yeas and nays being required by Mr. Arnold:
{table}
So it was resoled in the affirmative.
Saturday, April 26, 1783.--The committee, consisting of Mr. Madison, Mr. Ellsworth, and Mr. Hamilton, appointed to prepare an address to the states, to accompany the act of the 18th of this month, reported a draft, which, being read and amended, was agreed to, as follows:--
To accompany the Act of April 18, 1783.
The prospect which has for some time existed, and which is now happily realized, of a successful termination of the war, together with the critical exigencies of public affairs, has made it the duty of Congress to review and provide for the debts which the war has left upon the United States, and to look forward to the means of obviating dangers which may interrupt the harmony and tranquillity of the confederacy. The result of their mature and solemn deliberations, on these great objects, is contained in their several recommendations of the 18th inst., herewith transmitted. Although these recommendations speak themselves the principles on which they are founded, as well as the ends which they propose, it will not be improper to enter into a few explanations and remarks, in order to place in a stronger view the necessity of complying with them.
The first measure recommended is, effectual provision for the debts of the United States. The amount of these debts, as far as they can now be ascertained, is 42,000,375 dollars. To discharge the principal of this aggregate debt at once, or in any short period, is evidently not within the compass of our resources; and, even if it could be accomplished, the ease of the community would require that the debt itself should be left to a course of gradual extinguishment, and certain funds be provided for paying, in the mean time, the annual interest. The amount of the annual interest is computed to be 2,415,956 dollars. Funds, therefore, which will certainly and punctually produce this annual sum, at least, must be provided.
Observations on Revenue.
In devising these funds, Congress did not overlook the mode of supplying the common treasury, provided by the Articles of Confederation; but, after the most respectful consideration of that mode, they were constrained to regard it as inadequate, and inapplicable to the form into which the public debt must be thrown. The delays and uncertainties incident to a revenue to be established and collected, from time to time, by thirteen independent authorities, is, at first view, irreconcilable with the punctuality essential in the discharge of the interest of a national debt. Our own experience, after making every allowance for transient impediments, has been a sufficient illustration of this truth. Some departure, therefore, in the recommendation of Congress, from the Federal Constitution, was unavoidable; but it will be found to be as small as could be reconciled with the object in view, and to be supported, besides, by solid considerations of interest and sound policy.
The fund which presented itself on this, as it did on a former occasion, was a tax on imports. The reasons which recommended this branch of revenue have heretofore been stated in an act, of which a copy, No. 2, is now forwarded, and need not be here repeated. It will suffice to recapitulate, that taxes on consumption are always least burdensome, because they are least felt, and are borne too by those who are both willing and able to pay them; that, of all taxes on consumption, those on foreign commerce are most compatible with the genius and policy of free states; that, from the relative positions of some of the more commercial states, it will be impossible to bring this essential resource into use without a concerted uniformity; that this uniformity cannot be concerted through any channel so properly as through Congress, nor for any purpose so aptly as for paying the debts of a revolution, from which an unbounded freedom has accrued to commerce.
In renewing this proposition to the states, we have not been unmindful of the objections which heretofore frustrated the unanimous adoption of it. We have limited the duration of the revenue to the term of twenty-five years; and we have left to the states themselves the appointment of the officers who are to collect it. If the strict maxims of national credit alone were to be consulted, the revenue ought manifestly to be coëxistent with the object of it, and the collection placed in every respect under that authority which is to dispense the former, and is responsible for the latter. These relaxations will, we trust, be regarded, on one hand, as the effect of a disposition in Congress to attend, at all times, to the sentiments of those whom they serve, and, on the other hand, as a proof of their anxious desire that provision may be made, in some way or other, for an honorable and just fulfilment of the engagements which they have formed.
To render this fund as productive as possible, and, at the same time, to narrow the room for collusions and frauds, it has been judged an improvement of the plan, to recommend a liberal duty on such articles as are most susceptible of a tax according to their quantity, and are of most equal and general consumption; leaving all other articles, as heretofore proposed, to be taxed according to their value.
The amount of this fund is computed to be 915,956 dollars. Accuracy, in the first essay, on so complex and fluctuating a subject, is not to be expected. It is presumed to be as near the truth as the defect of proper materials would admit.
The residue of the computed interest is 1,500,000 dollars, and is referred to the states to be provided for by such funds as they may judge most convenient. Here, again, the strict maxims of public credit gave way to the desire of Congress to conform to the sentiments of their constituents. It ought not to be omitted, however, with respect to this portion of the revenue, that the mode in which it is to be supplied varies so little from that pointed out in the Articles of Confederation, and the variations are so conducive to the great object proposed, that a ready and unqualified compliance on the part of the states may be the more justly expected. In fixing the quotas of this sum, Congress, as may be well imagined, were guided by very imperfect lights, and some inequalities may consequently have ensued. These, however, can be but temporary, and, as far as they may exist at all, will be redressed by a retrospective adjustment, as soon as a constitutional rule can be applied.
The necessity of making the two foregoing provisions one indivisible and irrevocable act, is apparent. Without the first quality, partial provision only might be made where complete provision is essential; nay, as some states might prefer and adopt one of the funds only, and the other states the other fund only, it might happen that no provision at all would be made: without the second, a single state, out of the thirteen, might at any time involve the nat