Articles of Confederation Simply Requires Amendments, Particularly for Commercial Power and Judicial Power; Constitution Goes Too Far
by Benjamin Austin, Candidus, Candidus
.… Many people are sanguine for the Constitution, because
they apprehend our commerce will be benefited. I would advise those
persons to distinguish between the evils that arise from extraneous
causes and our private imprudencies, and those that arise from our
government. It does not appear that the embarrassments of our trade
will be removed by the adoption of this Constitution. The powers of
Europe do not lay any extraordinary duties on our oil, fish, or
tobacco, because of our government; neither do they discourage our
ship building on this account. I would ask what motive would induce
Britain to repeal the duties on our oil, or France on our fish, if we
should adopt the proposed Constitution? Those nations laid these
duties to promote their own fishery, etc., and let us adopt what mode
of government we please, they will pursue their own politics
respecting our imports and exports, unless we can check them by some
commercial regulations.
But it may be said, that such commercial regulations will take
place after we have adopted the Constitution, and that the northern
states would then become carriers for the southern. The great question
then is, whether it is necessary in order to obtain these purposes,
for every state to give up their whole power of legislation and
taxation, and become an unwieldy republic, when it is probable the
important object of our commerce could be effected by a uniform
navigation act, giving Congress full power to regulate the whole
commerce of the States? This power Congress have often said was
sufficient to answer all their purposes. The circular letter from the
Boston merchants and others, was urgent on this subject. Also the
navigation act of this state [Massachusetts], was adopted upon similar
principles, and … was declared by our Minister in England, to be
the most effectual plan to promote our navigation, provided it had
been adopted by the whole confederacy.
But it may be said, this regulation of commerce, without energy
to enforce a compliance, is quite ideal. Coercion with some persons
seems the principal object, but I believe we have more to expect from
the affections of the people, than from an armed body of men. Provided
a uniform commercial system was adopted, and each State felt its
agreeable operations, we should have but little occasion to exercise
force. But however, as power is thought necessary to raise an army, if
required, to carry into effect any federal measure, I am willing to
place it, where it is likely to be used with the utmost caution. This
power I am willing to place among the confederated States, to be
exercised when two thirds of them in their legislative capacities
shall say the common good requires it. But to trust this power in the
hands of a few men delegated for two, four and six years, is
complimenting the ambition of human nature too highly, to risk the
tranquility of these States on their absolute determination. Certain
characters now on the stage, we have reason to venerate, but though
this country is now blessed with a Washington, Franklin, Hancock and
Adams, yet posterity may have reason to rue the day when their
political welfare depends on the decision of men who may fill the
places of these worthies.…
The advocates for the Constitution, have always assumed an
advantage by saying, that their opposers have never offered any plan
as a substitute; the following outlines are therefore submitted, not
as originating from an individual, but as copied from former
resolutions of Congress, and united with some parts of the
Constitution proposed by the respectable convention. This being the
case, I presume it will not be invalidated by the cant term of
antifederalism.
1st. That the Legislature of each state, empower Congress to
frame a navigation act, to operate uniformly throughout the states;
receiving to Congress all necessary powers to regulate our commerce
with foreign nations, and among the several states, and with the
Indian tribes. The revenue arising from the impost to be subject to
their appropriations, "to enable them to fulfill their public
engagements with foreign creditors."
2nd. That the Legislature of each state, instruct their
delegates in Congress, to frame a treaty of AMITY for the purposes of
discharging each state's proportion of the public debt, either foreign
or domestic, and to enforce (if necessary) their immediate
payment. Each state obligating themselves in the treaty of amity, to
furnish (whenever required by Congress) a proportionate number of the
Militia who are ever to be well organized and disciplined, for the
purposes of repelling any invasion; suppressing any insurrection; or
reducing any delinquent state within the confederacy, to a compliance
with the federal treaty of commerce and amity. Such assistance to be
furnished by the Supreme Executive of each state, on the application
of Congress. The troops in cases of invasion to be under the command
of the Supreme Executive of the state immediately in danger; but in
cases of insurrection, and when employed against any delinquent state
in the confederacy, the troops to be under the command of
Congress.
3d. That such states as did not join the confederacy of commerce
and amity, should be considered as aliens; and any goods brought from
such state into any of the confederated states, together with their
vessels, should be subject to heavy extra duties.
4th. The treaty of amity, agreed to by the several states,
should expressly declare that no State (without the consent of
Congress) should enter into any treaty, alliances, or confederacy;
grant letters of marque and reprisal; make anything but gold and
silver coin a tender in payment of debts; pass any bill of attainder
or ex post facto law, or impair the obligations of contracts; engage
in war, or declare peace.
5th. A Supreme Judicial Court to be constituted for the
following federal purposes—to extend to all treaties made previous to,
or which shall be made under the authority of the confederacy; all
cases affecting Ambassadors, and other public Ministers and Consuls;
controversies between two or more states; and between citizens of the
same state claiming lands under grants of different states; to define
and punish piracies, and felonies committed on the high seas, and
offenses against the law of nations.
6th. That it be recommended to Congress, that the said
navigation act, and treaty of amity, be sent to the Legislatures (or
people) of the several states, for their assenting to, and ratifying
the same.
7th. A regular statement and account of the receipts and
expenditures, of all public monies, should be published from time to
time.
The above plan it is humbly conceived—secures the internal
government of the several states; promotes the commerce of the whole
union; preserves a due degree of energy; lays restraints on aliens;
secures the several states against invasions and insurrection by a
MILITIA, rather than a STANDING ARMY; checks all ex post facto laws;
cements the states by certain federal restrictions; confines the
judiciary powers to national matters; and provides for the public
information of receipts and expenditures. In a word, it places us in a
complete federal state.
The resolves of Congress, 18th April, 1783, "recommends to the
several States, to invest them with powers to levy for the use of the
United States, certain duties upon goods, imported from any foreign
port, island or plantation;" which measures is declared by them, "to
be a system more free, from well founded exception, and is better
calculated to receive the approbation of the several States, than any
other, that the wisdom of Congress could devise; and if adopted, would
enable them to fulfill their public engagements with their foreign
creditors.".…
Should we adopt this plan, no extraordinary expenses would
arise, and Congress having but one object to attend, every commercial
regulation would be uniformly adopted; the duties of impost and
excise, would operate equally throughout the states; our ship building
and carrying trade, would claim their immediate attention; and in
consequence thereof, our agriculture, trade and manufactures would
revive and flourish. No acts of legislation, independent of this great
business, would disaffect one State against the other; but the whole,
… in one Federal System of commerce, would serve to remove all
local attachments, and establish our navigation upon a most extensive
basis. The powers of Europe, would be alarmed at our Union, and would
fear lest we should retaliate on them by laying restrictions on their
trade.…
These states, by the blessing of Heaven, are now in a very
tranquil state. This government, in particular, has produced an
instance of ENERGY, in suppressing a late rebellion, which no absolute
monarchy can boast. And notwithstanding the insinuations of a "small
party," who are ever branding the PEOPLE with the most opprobrious
epithets—representing them as aiming to level all distinctions; emit
paper money; encourage the rebellion—yet the present General Court,
the voice of that body, whom they have endeavored to stigmatize, have
steadily pursued measures foreign from the suggestions of such
revilers. And the public credit has been constantly appreciating since
the present Administration.
Let us then be cautious how we disturb this general
harmony. Every exertion is now making, by the people, to discharge
their taxes. Industry and frugality prevail. Our commerce is every day
increasing by the enterprise of our merchants. And above all, the
PEOPLE of the several states are convinced of the necessity of
adopting some Federal Commercial Plan.…
Candidus