by James Winthrop, Agrippa
To the People.
We come now to the second and last article of complaint against the present
confederation, which is, that Congress has not the sole power to regulate the
intercourse between us and foreigners. Such a power extends not only to war and
peace, but to trade and naturalization. This last article ought never to be
given them; for though most of the states may be willing for certain reasons to
receive foreigners as citizens, yet reasons of equal weight may induce other
states, differently circumstanced, to keep their blood pure. Pennsylvania has
chosen to receive all that would come there. Let any indifferent person judge
whether that state in point of morals, education, energy is equal to any of the
eastern states; the small state of Rhode-Island only excepted. Pennsylvania in
the course of a century has acquired her present extent and population at the
expense of religion and good morals. The eastern states have, by keeping
separate from the foreign mixtures, acquired, their present greatness in the
course of a century and an half, and have preserved their religion and morals.
They have also preserved that manly virtue which is equally fitted for
rendering them respectable in war, and industrious in peace.
The remaining power for peace and trade might perhaps be safely enough
lodged with Congress under some limitations. Three restrictions appear to me to
be essentially necessary to preserve the equality of rights to the states,
which it is the object of the state governments to secure to each citizen, ist.
It ought not to be in the power of Congress either by treaty or otherwise to
alienate part of any state without the consent of the legislature. 2d. They
ought not to be able by treaty or other law to give any legal preference to one
part above another. 3d. They ought to be restrained from creating any
monopolies. Perhaps others may propose different regulations and restrictions.
One of these is to be found in the old confederation, and another in the newly
proposed plan. The third seems to be equally necessary.
After all that has been said and written on this subject, and on the
difficulty of amending our old constitution so as to render it adequate to
national purposes, it does not appear that any thing more was necessary to be
done, than framing two new articles. By one a limited revenue would be given to
Congress with a right to collect it, and by the other a limited right to
regulate our intercourse with foreign nations. By such an addition we should
have preserved to each state its power to defend the rights of the citizens,
and the whole empire would be capable of expanding, and receiving additions
without altering its former constitution. Congress, at the same time, by the
extent of their jurisdiction, and the number of their officers, would have
acquired more respectability at home, and a sufficient influence abroad. If any
state was in such a case to invade the rights of the Union, the other states
would join in defence of those rights, and it would be in the power of Congress
to direct the national force to that object. But it is certain that the powers
of Congress over the citizens should be small in proportion as the empire is
extended; that, in order to preserve the balance, each state may supply by
energy what is wanting in numbers. Congress would be able by such a system as
we have proposed to regulate trade with foreigners by such duties as should
effectually give the preference to the produce and manufactures of our own
country. We should then have a friendly intercourse established between the
states, upon the principles of mutual interest. A moderate duty upon foreign
vessels would give an advantage to our own people, while it would avoid all the
[dis]advantages arising from a prohibition, and the consequent deficiency of
vessels to transport the produce of the southern states.
Our country is at present upon an average a thousand miles long from north
to south, and eight hundred broad from the Missisippi to the Ocean. We have at
least six millions of white inhabitants, and the annual increase is about two
hundred and fifty thousand souls, exclusive of emigrants from Europe. The
greater part of our increase is employed in settling the new lands, while the
older settlements are entering largely into manufactures of various kinds. It
is probable, that the extraordinary exertions of this state in the way of
industry for the present year only, exceed in value five hundred thousand
pounds. The new settlements, if all made in the same tract of country, would
form a large state annually; and the time seems to be literally accomplished
when a nation shall be born in a day. Such an immense country is not only
capable of yielding all the produce of Europe, but actually does produce by far
the greater part of the raw materials. The restrictions on our trade in Europe,
necessarily oblige us to make use of those materials, and the high price of
labour operates as an encouragement to mechanical improvements. In this way we
daily make rapid advancements towards independence in resources as well as in
empire. If we adopt the new system of government we shall by one rash vote lose
the fruit of the toil and expense of thirteen years, at the time when the
benefits of that toil and expense are rapidly increasing. Though the imposts of
Congress on foreign trade may tend to encourage manufactures, the excise and
dry tax will destroy all the beneficial effects of the impost, at the same time
that they diminish our capital. Be careful then to give only a limited revenue,
and the limited power of managing foreign concerns. Once surrender the rights
of internal legislation and taxation, and instead of being respected abroad,
foreigners will laugh at us, and posterity will lament our folly.
Agrippa.