ments have continued that exclusive policy to this day. Without a like power this government would have been defenceless in negotiations of commercial treaties, and would have remained especially the commercial victim of that government from whose dominion it had just escaped.

Mr. Madison introduced the bill for the exercise of this power two days after the organization of the First Congress (April, 1789, and before President Washington was inaugurated), proposing also a discriminating duty on tonnage to protect American shipping. He said in debate that the "interests of States which were ripe for manufactures ought to have attention, as the power of protecting and cherishing them has by the present Constitution been taken from the States, and its exercise thrown into other hands."

BILLS OF CREDIT AND LEGAL TENDER.

The Committee of Detail, under the authority giving to the new legislature all the powers of the Confederate Congress, reported the clause "to borrow money and emit bills on the credit of the United States."

Gouverneur Morris, seconded by Mr. Butler, moved to strike out the authority "to emit bills" of credit, holding it unnecessary if the public credit was good, and useless if it was

bad. Mr. Madison inquired if it would not suffice to prohibit their being made a tender. Promissory notes in that shape might in some emergencies be best. Mr. Morris answered that without the clause the promissory notes of a responsible minister would be good. If paper emissions were not prohibited, the money interest would oppose the plan of government. Mr. Mason had a mortal hatred against paper money, but he was unwilling to tie the hands of the government against all emergencies. Mr. Gorham thought the authority was implied in that of borrowing, so far as it was safe and necessary.

Mr. Ellsworth thought it "a favorable moment to shut and bar the door against paper money." The mischiefs of it were fresh in the public mind, and keenly felt. "The power may do harm, never good." Mr. Butler remarked that paper money was not anywhere in Europe a legal tender; to which Mr. Mason replied, neither was the power denied in Europe. Mr. Read observed that the words, if not struck out, "would be as alarming as the mark of the beast in Revelation." Mr. Langdon would rather reject the whole plan than retain the obnoxious words.

They were struck out by vote of all the States (9) except New Jersey and Maryland. Mr. Madison notes that he was satisfied the omis

sion of the clause would not prevent the issue of public notes so far as safe and proper; and "would only cut off the pretext for a paper currency, and particularly for making the bills a tender, either for public or private debts." (Madison Papers, vol. iii, p. 1346.)

When the question of the powers to be denied to the States was presented, Mr. Wilson and Mr. Sherman moved to insert, after the prohibition of coining money, the words "nor emit bills of credit, nor make anything but gold and silver coin a tender in payment of debts." Mr. Gorham hesitated, fearing to arouse the opposition of the States, and willing that the power should remain among those which might be exercised by the States "with the assent of Congress." Mr. Sherman would crush paper money at once. On that part denying to the States the right to emit bills, all the States voted to prohibit it except Virginia, with Maryland divided. Upon the prohibition against making anything but coin a legal tender, the opinion was unanimous.

Thus were the States forever prevented from again incurring for themselves the countless evils which they had already suffered from a forced paper currency. There is little doubt that the Convention also believed the Union to be saved from the same peril, when they struck out from the powers of the new national

government that of emitting bills of credit. There is no trace in the recorded debates of the belief of a single member that under the power "to borrow money" the Congress could exercise the power of making their bills a legal tender for private debts. There is rather the contrary indication, that they considered this authority non-existent, unless it should be enumerated among the express powers granted. The authority as assumed in later years appears to have been an unwarranted deduction from the general power to provide for carrying into effect other powers which were granted. The Convention, while prohibiting the power to the States, supposed it sufficient to simply withhold the authority from the Congress of the United States.

TREATIES AND THEIR FORCE.

In distributing the powers to the various branches of the government, the Committee of Detail assigned to the Senate the power to make treaties, with the correlative power to appoint ambassadors. Mr. Hamilton's plan had proposed to invest this body with the power to declare war, while he associated it with the President in advising and consenting to treaties. But neither this nor any other plan, except that of Virginia, was made the basis of action, although traces of their provisions

are seen in the motions made for amendment of the plan always under debate. It is doubtless true that some of the propositions made by Mr. Charles Pinckney and Mr. Hamilton, as well as of those in the New Jersey and Connecticut schemes, found adoption in the various amendments made to the original plan.

But this provision, giving the Senate the sole power over treaties, appears to have been accepted in the first instance by common consent. On August 15, Mr. Mason, while opposing another power of the Senate, observed they "could already sell the whole country by means of treaties." Mr. Mercer in reply said, "The Senate ought not to have the power of treaties. This power belonged to the executive department;" and added that treaties would not be final, so as to alter the laws of the land, till ratified by legislative authority, as was the case in Great Britain. Mr. Mason rejoined, that he "did not say a treaty would repeal a law, but that the Senate might by means of treaties alienate territory, etc., without legislative sanction; an example was found in the British cession of West India Islands by treaty alone. If Spain should take possession of Georgia, the Senate might by treaty dismember the Union."

Upon the direct consideration of this article, Mr. Madison observed that, as the Senate represented the States, and for other reasons as well,