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during the recess of that body, to be denominated "a Committee of the States," and to consist of one delegate from each State.

§ 15. Canada, acceding to the Confederation, and joining in the measures of the United States, was to be admitted into the Union. § 16. The Union was to be perpetual.

§ 17. No provision was made for any such officer as President. § 18. There was no national judiciary.

§ 19. Congress consisted of but one house.

CHAPTER IX.

DECLINE AND FALL OF THE CONFEDERATION.

§ 1. THE National Government, under the form and Articles of Confederation, soon demonstrated its own weakness, and, in a few years, resulted in a total failure. Six years of war experience without this bond of union, two years of like experience with it, and six years of peace experience under it, convinced the statesmen of that day, and indeed the people generally, that the Confederacy was merely the “shadow of a government, without the substance.”

§ 2. The education of the leading minds and statesmen of that day was but a revolutionary education; and their efforts at the framework of a new government were mainly directed to such a system as might have answered the purpose under the revolutionary condition of things through which they were passing.

§ 3. But a few years of peace showed that the States, when no longer influenced by a fear inspired by a sense of weakness, would be slow to render obedience to a power of which they were jealous from the beginning, and which, paradoxical as it may seem, was contemptible for its very want of strength.

§ 4. In the language of a leading mind of that day, "By this political compact, the United States in Congress have exclusive power for the following purposes, without being able to execute one

of them :

"1st. They may make and conclude treaties, but can only recom mend the observance of them.

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"2d. They may appoint ambassadors, but can not defray even the expenses of their tables.

"3d. They may borrow money in their own name on the faith of the Union, but can not pay a dollar.

"4th. They may

of bullion.

coin money, but they can not purchase an ounce

"5th. They may make war, and determine what number of troops re necessary, but can not raise a single soldier.

"6th. In short, they may declare every thing, but do nothing."

CHAPTER X.

LEADING DEFECTS OF THE CONFEDERATION.

THE following is a summary of the leading defects of the Articles of Confederation, as a Constitution for a nation made up of a large number of States, as given by an eminent jurist of a later day :§ 1. There was an utter want of all coercive authority in the Continental Congress to carry into effect any of their constitutional

measures.

§ 2. There was no power in the Continental Congress to punish individuals for any breach of their enactments. Their laws must

be wholly without penal sanction.

§ 3. They had no power to lay taxes, or to collect revenue for the public service. The power over taxes was expressly and exclusively reserved to the States.

§ 4. They had no power to regulate commerce, either with foreign nations, or among the several States. It was left, with respect to both, exclusively to the management of each particular State, thus being at the mercy of private interests or local prejudices.

§ 5. As might be expected, "the most opposite regulations existed in different States; and there was a constant resort to retaliatory legislation from their jealousies and rivalries in commerce, in agriculture, or in manufactures. Foreign nations did not fail to

avail themselves of all the advantages accruing from this suicida! policy, tending to the common ruin.

§ 6. "For want of some singleness of power, a power to act with uniformity, and one to which all interests could be reconciled, -foreign commerce was sadly crippled, and nearly destroyed."

§ 7. The country was deeply in debt, without a dollar to pay, or the means even to draw a dollar into the public treasury; and what money there was in the country was rapidly making its way abroad.

§ 8. Great as these embarrassments were, the States, full of jealousy, were tenaciously opposed to making the necessary concessions to remedy the great and growing evil. All became impressed with the fear, that, unless a much stronger national government could be instituted, all that had been gained by the Revolutionary struggle would soon be lost.

§ 9. Many of the more prominent patriots and statesmen of the day had made the effort to obtain an enlargement of the powers of Congress, but without success. It became evident, that, whatever else might be done, the Confederacy, as such, must crumble into

ruins.

CHAPTER XI.

ORIGIN OF THE PRESENT CONSTITUTION.

§ 1. To the State of Virginia belongs the immortal honor of taking the first step that led to the formation and adoption of our present Constitution; and to the illustrious James Madison, more than to any other man, must be awarded the distinction of making the first effective move in that direction.

§ 2. On the 21st of January, 1786, the legislature of Virginia passed the following resolution :

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'Resolved, That Edmund Randolph, James Madison, jun., Walter Jones, St. George Tucker, and Meriweather Smith, Esqs., be appointed Commissioners, who, or any three of whom, shall meet such commissioners as may be appointed in the other States of the

Union, at a time and place to be agreed on, to take into consideration the trade of the United States;

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To examine the relative situations and trade of said States; "To consider how far a uniform system in their commercial regulations may be necessary to their common interests and their permanent harmony;

"And to report to the several States such act relative to this great object, as, when unanimously ratified by them, will enable the United States in Congress effectually to provide for the same."

§ 3. Just previous to this, in 1785, Commissioners had been appointed by Virginia and Maryland for the accomplishment of a more limited object, and which more exclusively concerned those two States.

§ 4. Maryland deemed the concurrence of her neighbors, Delaware and Pennsylvania, indispensable in the matter; although it related only to settling the jurisdiction on waters dividing the two States of Virginia and Maryland. The same reasons that rendered it necessary that Maryland should consult her neighbors seemed to render it equally necessary that those neighbors should consult their neighbors.

§ 5. It was thus demonstrated, that, whatever action might be taken on any subject of general concern, it would extend itself or its influences all over the Union. This illustration of the necessity of uniformity in matters of public interest had its influence in impressing all minds with a sense of the importance of such a general Convention as was now recommended in the resolution of the Virginia Legislature.

§ 6. The time and place of the proposed Convention being left to the Virginia Commissioners, they named for the time the first Monday in September, 1786; and the place, Annapolis, Md. The Commissioners who attended from Virginia were Messrs. Randolph, Madison, and Tucker.

§ 7. Although there was a strong popular feeling in favor of the proposed Convention, when the time came for its meeting, only five States were represented. Several States had not even appointed Commissioners, and some Commissioners who were appointed

failed to attend. But it had become evident, that although this Convention, as such, was a failure, public opinion was advancing in the right direction.

§ 8. The New-Jersey deputation had a commission extending its object to a general provision for the "exigencies of the Union." Acting on this suggestion, a recommendation for this enlarged purpose was reported by a committee to whom the subject had been referred.

§ 9. That report was written by Alexander Hamilton of New York, and addressed to the legislatures of the States represented in the Convention; viz., New York, Pennsylvania, Virginia, Delaware, and New Jersey.

Commissioners appointed from New Hampshire, Massachusetts, Rhode Island, and North Carolina, failed to report themselves to the Convention.

The States of Maryland, Connecticut, South Carolina, and Geor gia, did not appoint Commissioners.

§ 10. This report was an able, lucid, and elaborate document, recommending another convention of deputies from all the States, to meet on the second Monday of May following, 1787, in the city of Philadelphia. A copy of the report was also sent to Congress.

§ 11. Virginia again took the lead, and was the first to act favorably on the recommendation to appoint deputies to the proposed Philadelphia Convention. The legislature of that State were unanimous, or very nearly so, in their response to the call of the report. As a proof of the magnitude and solemnity attached to it, they placed Gen. Washington at the head of the deputation from that State; and, as a proof of the deep interest he felt in the case, he overstepped the obstacles to his acceptance of the appointment."

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§ 12. Congress took no action on the recommendation of the report, until the legislature of New York instructed its delegation in that body "to move a resolution, recommending to the several States to appoint deputies to meet in Convention for the purpose of revising and proposing amendments to the Federal Constitution." § 13. Feb. 21, 1787, a resolution was moved and carried in Congress, recommending a Convention to meet in Philadelphia at

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