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corporate capacity. Neither had it the power to regulate trade, or to derive a revenue from it. The land forces of the United States were to be raised by requisitions on the states for their quota of men, in proportion to the number of its white inhabitants.

A number of the most important of these powers, such as declaring war, forming treaties, coining or borrowing money, &c. could only be used by consent of the delegates of nine states; and no other question, except for adjourning from day to day, could be determined except by the votes of a majority of the

states.

A committee of congress, denominated A Committee of the States, consisting of one delegate from each state, sat during the recess, vested with certain powers by congress.

No alteration was to be made in the articles of confederation without the consent of congress, to be afterwards confirmed by the legislatures of every state.

§ 13. By this government, imbecile and inefficient as it proved to be, was the revolutionary war brought to a close, by a preliminary treaty agreed to on the 20th of January, 1783, which was followed by a definitive treaty on the third of September of the same year.

§ 14. The glorious termination of the struggle for independence by an honourable peace, diffused throughout the United States the most heartfelt joy. But it was soon perceived that something was yet wanting to realize the public and private prosperity expected to follow from the blessings of self-government. The necessity of conferring on the general government more ample powers, powers which might be competent to its preservation, and which would enable it to comply with the engagements it had entered into, became every day more apparent.

Many causes concurred at this time to prepare the public mind for some great and radical change in the political system. The debts of the union amounted, on the first of January, 1783, to nearly forty millions of dollars, for the payment of the principal or even the interest of which, congress possessed no funds, and could acquire none, without the consent of thirteen independent sovereignties.

But the principal cause which brought about the establishment of a new system of government was the restrictions of foreign nations upon the trade of the United States. The ne cessity of opposing these restrictions by countervailing regulations was sufficiently evident; but to render success even probable, it was absolutely necessary that the power of regulating

commerce should reside in a single legislature. That thirteen independent sovereignties, jealous of each other, could be induced to concur for any length of time in measures capable of producing the desired effect, few were so sanguine as to hope.

Congress, mean while, was unremitting in its endeavours to form commercial treaties in Europe, and particularly with Great Britain, but all its efforts were unsuccessful. As the government of the United States was considered unable to secure the observance of any general commercial regulations, foreign governments declined entering into stipulations which they averred could not be of reciprocal obligation.

The restrictions under which commerce laboured was productive of serious evils to the mercantile interest; the merchants found themselves incapable of contending even in their own ports with foreigners. A meeting being held of the merchants of Philadelphia, to consider the present state of affairs, a memorial was addressed by them to the legislature, praying that they would endeavour to procure from congress a recommendation to the several states to vest in that body the necessary powers over the commerce of the United States. Similar applications were made by the merchants of Boston and other commercial towns.

$15. Meanwhile an event took place, which, though originating in different views, terminated in a proposition for a general convention to revise the articles of confederation. The states of Virginia and Maryland appointed commissioners for the purpose of forming a compact relative to the navigation of the Potowmac and Pocomoke, and part of the Chesapeake bay, who met at Alexandria in March, 1785. In the course of their proceedings, they agreed to propose to their respective governments the appointment of other commissioners, with power to make arrangements, for which the assent of congress was to be solicited, for maintaining a naval force in the Chesapeake. The commissioners were also to be empowered to establish a tariff of duties on imports, to which the laws of both states should conform. These propositions received the assent of the legislature of Virginia, and an additional resolution was passed, directing the proposition which respected the duties on imports to be communicated to all the states in the union, who were invited to send deputies to the meeting.

On the 21st of January, 1786, a few days after the passage of these resolutions, another was adopted, appointing commissioners, "who were to meet such as might be appointed by the other states in the union, at a time and place to be agreed on, to fake into consideration the trade of the United States; to

examine the relative situation and trade of the said states; to consider how far a uniform system in their commercial relations may be necessary to their common interest, and their permanent harmony; and to report to the several states such an act relative to this great object, as, when unanimously ratified by them, will enable the United States in congress assembled, effectually to provide for the same."

In consequence of these resolutions, commissioners from the states of New York, New Jersey, Pennsylvania, Delaware, Maryland, and Virginia met at Annapolis, in Maryland; in September, 1786. It was soon perceived that powers much more ample than had been confided to them would be requisite to enable them to effect the beneficial purposes they contemplated. For this reason, as well as in consideration of the small number of states which were represented, the convention rose without coming to any specific resolutions on the particular subject which had been referred to them. Previous to their adjournment, however, they agreed on a report to be made to their respective states, in which was represented the necessity of extending the revision of the federal system to all its defects, and in which they recommended that deputies for that purpose be appointed by the several legislatures, to meet in convention at Philadelphia, on the 2d of May ensuing. On the receipt of this report, the legislature of Virginia passed an act for the appointment of deputies on the part of that state.

§ 16. The legislature of New York shortly after instructed its delegation in congress to move a resolution recommending to the several states to appoint deputies to meet in convention for the purpose of revising and proposing amendments to the articles of confederation. On the 21st of February, 1787, the subject was acted upon in congress, and it was declared "to be expedient, that on the second Monday of May next, a convention of delegates, who shall have been appointed by the several states, be held at Philadelphia, for the sole and express purpose of revising the articles of confederation, and reporting to congress and the several legislatures such alterations and provisions therein, as shall, when agreed to in congress and confirmed by the states, render the federal constitution adequate to the exigencies of government, and the preservation of the union."

17. Agreeably to this resolution, deputies from all the states except Rhode Island met at Philadelphia at the time appointed. On the 17th of September following they closed their labours, by the completion of our present happy constitution. By a resolution of the convention, the new constitution was directed to be laid before congress, and it was recommended that it

should afterwards be submitted to a convention of delegates chosen in each state by the people, under the recommendation of their respective legislatures, for their assent and ratification. It was also recommended that as soon as the conventions of nine states should have ratified the constitution, it should be carried into operation. The institutions of the old government were to be continued till congress could complete the arrangements of the new.

The following year, 1788, the constitution was ratified by the conventions of all the states excepting Rhode Island and North Carolina, which, however, shortly after acceded to the union, and measures were taken for bringing it into operation on the the 4th of March, 1789.

CHAPTER III.

OF THE FEDERAL CONSTITUTION.

§ 1. General view of the constitution. § 2. Compared with the articles of confederation. § 3. Prohibitions on the state governments. §4 The president and vice-president. § 5. Mode of their election. $6. Their qualifications. §7. Term of election. §8. Salary. § 9. Powers and duties of the president. § 10. Provision for vacancy. §11. Executive departments. 12. Department of state. § 13. Salaries. §14. Duties. § 15. Patent office. 16. Treasury department. § 17. Salary of the secretary, &c. § 18. Duties. § 19. Mitigating powers. § 20. Salaries in the comptroller's office. 21. Duties. § 22. Salaries in the auditor's office. § 23. Duties. 24. Salaries in the treasurer's office. § 25. Duties. § 26. Salaries in the register's office. § 27. Duties. 28 Salaries in the office of the commissioner of the general land office. § 29. Duties. § 30. Salaries in the commissioner of the revenue's office. §31. Duties. § 32. War department. § 33. Salaries. § 34. Duties. § 35. Navy department. § 36. Salaries.

§ 37. Duties. § 38. Vacancies in the departments.

1. THE federal constitution may be regarded as articles of a perpetual convention between eighteen independent states, for the transaction, by one head, of all their concerns with foreign nations, and for the regulation of a few internal concerns, which it had been found by experience would be for their mutual ad vantage to have conducted in a uniform manner, such as the establishment of post-offices and post roads, the coining and regulating the value of money, and the granting to authors and inventors the exclusive right within all the states to their writings and discoveries. To enable this head to execute those affairs, powers have been granted to raise a revenue on certain articles

within the dominions of every member of the confederacy, in some cases exclusively, as on imports and postage of letters ; in others in common with the governments of the states, as direct taxes and internal duties. Judicial powers for certain stated. purposes have also been granted to the general government.

These powers are not vested in any individual, or set of individuals; neither are they vested in any particular state. All the affairs of the confederacy are managed by deputies delegated for that purpose for stated times, some by the governments, and others by the individual members of the different states which form the union.

The head, or general government, is bound to confine its attention solely to the transaction of the affairs for which it was instituted, leaving all other state concerns to the management of the individual members, who, on their part, are bound likewise not to interfere in the management of the concerns which have been deputed to the general government. In order to draw a clear line of distinction between the duties of the respective governments, a constitution, or articles of agreement, has been drawn up, to which the states have unanimously consented, but which may be amended or altered by consent of three-fourths of the confederacy.

§2. "The fundamental distinction," says Ramsay, in his History of the American Revolution, "between the articles of confederation and the new constitution, lies in this: the former acted only on states, the latter on individuals; the former could neither raise men nor money by its own authority, but lay at the discretion of thirteen different legislatures, and without their unanimous concurrence was unable to provide for the public safety, or for the payment of the national debt. The experience of several years had proved the impossibility of a government answering the end of its institution, which was dependent on others for the means necessary for attaining these ends. By the new constitution, one legislative, executive, and judicial power pervades the whole union. This ensures an uniform observance of treaties, and gives a stability to the general government, which never could be attained while the acts and requisitions of congress were subject to the revision of thirteen legisla tures, and while thirteen distinct and unconnected judiciaries had a constitutional right to decide on the same subject. The people of the United States gave no new powers to their rulers, but made a more judicious arrangement of what they had formerly ceded. They enlarged the powers of the general government, not by taking from the people, but from the state legislatures."

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