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in his small mind, cherished the hope and expressed it in his halting manner, that in a very short time his rebellious Colonies would be on their knees begging for his royal forgiveness and protection.

The Articles of Confederation were full of errors and defects, but among them stood out in glaring certainty three which now deserve particular attention: First, that provision which required a vote of twothirds of the States to carry any measure whatever. There was coupled with this provision and intimately connected with it, another, that this vote should be taken by States and not per capita. Thus it will be seen that the power was placed in the hands of a few to obstruct the wheels of government. Combinations could at any time be formed by which four States could unite and prevent the passage of any important measure.

Second. The authority of the different States to impose such tariff duties as they chose upon all importations. This authority, it has been shown, extended not only to the duties upon foreign goods, but even to manufactures and products of the several States. Some of the States were more manufacturing in their character and others more agricultural. Of course, the agricultural States, not dependent upon manufactures, would seek for and favor importations from other countries, while those more dependent upon manufactures would strive to keep out foreign manufactured goods.

Third. The total inability of Congress to enforce any of its requisitions. Instances have already been given where this inability was lamentably exhibited. But beyond all these and outside of the Articles of Confederation, there was another vital defect connected with the administration of public affairs. There was no head to the government, no executive; neither was there any judicial authority in the country. to construe the laws which might be passed by Congress or to determine as to their constitutionality. Congress was merely legislative in its function, with no exccutive or judicial authority. It had presidents, but they had no power beyond that of mere presiding officers, and they are only remembered as they have impressed themselves upon the history of the country by their ability in other directions. New Jersey furnished one of these presidents, Elias Boudinot; but when his name is mentioned, he is not remembered as a President of Congress, but as a great friend of the Indian. When Congress adjourned there was no one who could control public affairs; so, a committee was appointed, to whom was entrusted, for the time being, such authority as was neces

sary and as lay within the power of Congress to impart to them, and this was not always done.

While all these difficulties were agitating the public mind and engaging the attention of patriotic citizens, other causes of disturbance arose. The terms of peace between the United States and England were finally settled September 3d, 1783. A preliminary peace had been signed January 20th, of the same year, which, however, was only initiatory. There ensued a cessation of hostilities, but the terms were not finally arranged without a severe struggle and after much discussion. The peace was a most advantageous one for the United States; it was, in fact, the result of the consummate tact and brilliant diplomacy of the American Commissioners. The main causes of contention between the two parties which gave rise to so much controversy, were these: Payment of debts due to English citizens by their American debtors and the status of Americans commonly called Tories. There were other matters which created dispute, but they were arranged without much difficulty. These two subjects, however, were so serious in their nature and such differing opinions were held about them by the representatives of the two States, that it seemed as if there could be no possible settlement of them. It could not be permitted that the citizens of the very country which had ravaged the land of the debtor, had de spoiled their towns and really destroyed their means of payment, should be allowed to take what little there was left. So argued the Americans, but honest John Adams could not be persuaded to join in this argument. To use his own strong words: "He could not cheat anybody." So that point was finally yielded and it was agreed that the British creditor should be protected in the collection of his debts. But when the question was raised as to what should be the position of the Tory in the new Republic, a very troublesome discussion arose. At the very moment of time when the commissioners were debating this matter, guerrilla. bands of Tories were ravaging the country, murdering the citizens and plundering the towns and villages. They had instigated the murderous Indian to lift his tomahawk against defenceless women and children; they had widened the breach between the two countries and had prolonged the strife; Tory property had been already confiscated and had passed into the hands of innocent purchasers, who had paid valuable considerations on the sales, and any plan which proposed to repay the traitor for this property could not be entertained. It was simply im possible for the government to indemnify the Tory for any loss which

he might have sustained; it owed large sums to its noble ally, the King of France, and to other generous friends who were entitled to recognition and payment, at all hazards. Both parties were unyielding, but at last, a compromise was settled upon. The American Commissioners agreed that Congress should recommend the State Legislatures to put an end to all further proceedings against the Tories, and that all persons having claims upon confiscated property should be allowed one year in which to pass unmolested for the purpose of prosecuting their claims. At the same time the British Commissioners were notified that Congress had no jurisdiction over the matter and that all that it could do was simply to recommend the measure to the different States.

But when the terms of the treaty were made known to the American people, their indignation was unbounded. They could not overlook the fact that the peace, in its provisions, was most advantageous to themselves, but when called upon to pay honest debts or to afford protection to the Tories, they forgot the immense benefits they would certainly derive from the treaty. Congress was utterly powerless to enforce that part of the terms of peace which provided that American. debts due to British subjects should be paid, and when it recommended to the State Legislatures a cessation of legal proceedings against the Loyalists, their recommendations were met with derision and contempt. The only answer given was more stringent proceedings and more vexatious statutes against the Tories, until, at last, those unfortunate people who remained in the country were driven by the violence of their State governments and the treatment they received at the hands of their neighbors and former friends, to leave their native country and seek other and more hospitable lands. The attempt to enforce that part of the treaty which provided for the payment of debts due to English creditors, was an ignominious failure. It was opposed all over the country and every possible obstacle was placed in the way of the collection of these debts. The Legislatures of many of the States passed acts prohibiting the bringing of suits for their recovery, and the result was that the debts were never paid.

England was more just than her adversary. The British government distributed $16,000,000 in cash among the Tories, and otherwise remunerated them for their loss arising from the non-performance of the treaty. It also made further provisions for them, by grants of lands, by half pay for life, by appointment to civil offices and in other ways. In retaliation for the action of the United States, England retained pos

session of numerous forts on the northern and western frontier of the country and did not surrender them until the second term of Washington's Presidency.

This state of affairs in America produced distrust abroad. The States of Europe refused to contract treaties with it, or to treat for commercial relations. The Ambassadors of the government were treated with contempt. "We do not know," said the authorities of other countries, "whether we are dealing with one country or thirteen," and it required many years before confidence was fully assured. This, then, was the condition of affairs: Jealousy between the States, divided counsels, jarring, conflicting interests, diverse policies with relation to foreign States, different rates of imposts on importations all over the country, financial ruin in commercial circles, the treasury of the government empty and no means of supplying the funds necessary for ordinary expenses; riots, rebellions, insurrections were rife in many of the States, law was defied, no head to the affairs of the nation, no judicial authority, Congress powerless, confusion triumphant, chaos imminent-the Republic drifting into anarchy with fearful impetus.

Washington, in his retirement, maintained the keenest interest in all public matters. Becoming alarmed at the condition of affairs, he wrote a letter to his countrymen and to the governors of the several States, advising his fellow citizens to strengthen Congress by giving it more power, by centralizing in it the authority which would enable it fully to administer the business of a strong Federal government. He warmly urged union and a more conciliatory action between the States.

Very soon after he retired from the army he began corresponding with leading men of the country with reference to the wretched condition of the Republic, and advised that some action should be taken by which the ruin apparently so imminent should be averted, and it was mainly through his exertions, aided by other patriots, that, at last, the subject of a convention composed of representatives from the different States was brought before the people. Such a project had been proposed, but it had not assumed a tentative form until Washington committed himself to it. In 1782, New York, through its Legislature, unanimously recommended the calling of a convention to revise and amend the Articles of Confederation, and subsequently the General Court of Massachusetts passed similar resolutions, but was induced on the application of its representatives in Congress to repeal them. In 1783 the legislature of New Jersey proposed to Congress radical

changes in the articles of Confederation. It presented its views in a most intelligent and forcible manner through a representative sent for the purpose. Its objections received respectful attention and eventually became powerful in moulding the action of the Convention. The main exception related to those articles which permitted the regulation of trade and commerce between themselves by the several States. That subject, said the legislature, should be committed to the General Congress and all moneys raised from imports should be applied to creation of a navy to protect the commerce of the whole country. Objections were also made to the use of what was called the "Crown Lands," within the several States, which it was claimed should not be used to pay the expenses of the war nor for public and general purposes. There were other objections urged against the articles of Confederation by New Jersey. In 1786, Virginia invited all the States to send delegates to a convention to meet at Annapolis, to consider the subject of a tariff. Eight of the States selected delegates, and those from Virginia, Dela ware, Pennsylvauia, New Jersey and New York actually met at the time appointed. Nothing, however, was done with reference to the object of their meeting, but the delegates present recommended that a convention from all the States should meet at Philadelphia in the month of May of the next year, to consider the Articles of Confederation and to propose such changes therein as might render them "adequate to the exigencies of the Union." The proposition was submitted to the several State Legislatures and to Congress. That body at first doubted even the propriety of taking any notice of the proposal, but as seven States, those from New Jersey to South Carolina, declared in favor of the measure, it finally recommended that the States should elect delegates to the proposed convention. All except Rhode Island acceded to the proposition, electing delegates, and in the month of May, 1787, the convention met in the city of Philadelphia. The time appointed for the meeting was the 14th of the month, but it was not until the 25th, that delegates appeared from seven of the States and the convention was ready for the transaction of business. Very soon, however, eleven States were represented by fifty-five delegates in all. On July 224, representatives appeared from New Hampshire, but Rhode Island remained unrepresented during the whole convention.

There was never assembled at any other time, or place, in the whole history of the country, a more illustrious body of men than was gathered in that convention. Many of their names are immortal; they can

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