May 16, 1787
It seems to be generally felt and acknowledged, that the affairs of this country are in a ruinous situation. With vast resources in our hands, we are impoverished by the continual drain of money from us in foreign trade; our navigation is destroyed; our people are in debt and unable to pay; industry is at a stand; our public treaties are violated, and national faith, solemnly plighted to foreigners and to our own citizens, is no longer kept. We are discontented at home, and abroad we are insulted and despised.
In this exigency people naturally look up to the continental Convention, in hopes that their wisdom will provide some effectual remedy for this complication of disorders. It is perhaps the last opportunity which may be presented to us of establishing a permanent system of Continental Government; and, if this opportunity be lost, it is much to be feared that we shall fall into irretrievable confusion.
How the great object of their meeting is to be attained is a question which deserves to be seriously considered. Some men, there is reason to believe, have indulged the idea of reforming the United States by means of some refined and complicated schemes of organizing a future Congress in a different form. These schemes, like many others with which we have been amused in times past, will be found to be merely visionary, and produce no lasting benefit.–The error is not in the form of Congress, the mode of election, or the duration of the appointment of the members. The source of all our misfortunes is evidently in the want of power in Congress. To be convinced of this, we need only recollect the vigor, the energy, the unanimity of this country a few years past, even in the midst of a bloody war, when Congress governed the continent. We have gradually declined into feebleness, anarchy and wretchedness, from that period in which the several States began to exercise the sovereign and absolute right of treating the recommendations of Congress with contempt. From that time to the present, we have seen the great Federal Head of our union cloathed with the authority of making treaties without the power of performing them; of contracting debts without being able to discharge them, or to bind others to discharge them; of regulating our trade, and providing for the general welfare of the people, in their concerns with foreign nations, without the power of restraining a single individual from the infraction of their orders, or restricting any trade, however injurious to the public welfare.
To remedy these evils, some have weakly imagined that it is necessary to annihilate the several States, and vest Congress with the absolute direction and government of the continent, as one single republic. This, however, would be impracticable and mischievous. In so extensive a country many local and internal regulations would be required, which Congress could not possibly attend to, and to which the States individually are fully competent; but those things which alike concern all the States, such as our foreign trade and foreign transactions, Congress should be fully authorised to regulate, and should be invested with the power of enforcing their regulations.
The ocean, which joins us to other nations, would seem to be the scene upon which Congress might exert its authority with the greatest benefit to the United States, as no one State can possibly claim any exclusive right in it. It has been long seen that the States individually cannot, with any success, pretend to regulate trade. The duties and restrictions which one State imposes, the neighbouring States enable the merchants to elude; and besides, if they could be enforced, it would be highly unjust, that the duties collected in the port of one State should be applied to the sole use of that State in which they are collected, whilst the neighbouring States, who have no ports for foreign commerce, consume a part of the goods imported, and thus in effect pay a part of the duties. Even if the recommendation of Congress has been attended to, which proposed the levying for the use of Congress five per centum on goods imported, to be collected by officers to be appointed by the individual States, it is more than probable that the laws would have been feebly executed. Men are not apt to be sufficiently attentive to the business of those who do not appoint, and cannot remove or controul them; officers would naturally look up to the State which appointed them, and it is past a doubt that some of the States would esteem it no unpardonable sin to promote their own particular interest, or even that of particular men, to the injury of the United States.
Would it not then be right to vest Congress with the sole and exclusive power of regulating trade, of imposing port duties, of appointing officers to collect these duties, of erecting ports and deciding all questions by their own authority, which concern foreign trade and navigations upon the high seas? Some of those persons, who have conceived a narrow jealousy of Congress, and therefore have unhappily obstructed their exertions for the public welfare, may perhaps be startled at the idea, and make objections. To such I would answer, that our situation appears to be sufficiently desperate to justify the hazarding an experiment of any thing which promises immediate relief. Let us try this for a few years; and if we find it attended with mischief, we can refuse to renew the power.–But it appears to me to be necessary and useful; and I cannot think that it would in the least degree endanger our liberties. The representatives of the States in Congress are easily changed as often as we please, and they must necessarily be changed often.–They would have little inclination and less ability to enterprise against the liberties of their constituents. This, no doubt, would induce the necessity of employing a small number of armed vessels to enforce the regulations of Congress, and would be the beginning of a Continental Navy;—but a navy was never esteemed, like a standing army, dangerous to the liberty of the people.
To those who should object that this is too small a power to grant to Congress;–that many more are necessary to be added to those which they already possess, I can only say, that perhaps they have not sufficiently reflected upon the great importance of the power proposed.–That it would be of immense service to the country I have no doubt, as it is the only means by which our trade can be put on a footing with other nations;–that it would in the event greatly strengthen the hands of Congress, I think is highly probable.