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sufferings, without having it in my power to give them further relief than uncertain promises. In short, I see inevitable destruction in so clear a light, that unless vigorous measures are taken by the assembly, and speedy assistance sent from below, the poor inhabitants that are now in forts must unavoidably fall, whilst the remainder are flying before the barbarous foe. In fine, the melancholy situation of the people, the little prospect of assistance, the gross and scandalous abuse cast upon the officers in general, which is reflecting on me in particular, for suffering misconduct of such extraordinary kind, and the distant prospect, if any, of gaining honour and reputation in the service, cause me to lament the hour that gave me a commission, and would induce me at any other time to resign, without hesitating a moment, a command from which I neither expect to reap honour nor benefit; but, on the contrary, have an almost absolute certainty of incurring displeasure below, whilst the murder of helpless families may be laid to my account here. The supplicating tears of the women and the moving petitions of the men melt into me with such deadly sorrow, that I solemnly declare, if I know my own mind, I could offer myself a willing sacrifice to the butchering enemy, provided it would contribute to the people's ease."

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The trade of Britain with the colonies being then very valuable, and yielding support to many thousands in England, it became necessary for the ministry to make a vigorous effort against the French in America; and the rapid conquest of Canada, by General Wolfe, demonstrated how feeble was the power, which for so long a period caused such wide-spread misery in the British settlements.

A few years after the conquest of Canada, the cause which, in every instance, in states with independent legislatures united by the crown, induced despotism or separation, commenced its disastrous operation in the British empire. The colonies declined or neglected to protect themselves, and the government of England considered it to be unreasonable that they should enjoy the advantages derived from her fleets and armies, without contributing to the funds for their support. America could not submit to be taxed by the

*

British parliament, without forfeiting her freedom. England could not remedy American injustice without violating colonial rights. A crisis had, in fact, occurred which rendered despotism or separation inevitable.

"In 1774, at the suggestion of Dr. Franklin, a congress assembled at Philadelphia to resist the claims of England; and on the 11th of June, 1776, congress undertook to digest and prepare articles of confederation. But the business was attended with so much embarrassment and delay, and notwithstanding these states were still surrounded by the same imminent danger, and were contending for the same illustrious prize, that it was not until the 15th of November, 1777, the congress could so far unite the discordant interests and prejudices of thirteen distinct colonies as to agree to articles of confederation. And when those articles of confederation were submitted to the states legislatures for perusal and ratification, they were declared to be the result of impending necessity, and of a disposition to conciliate; and that they were agreed to, not for their intrinsic excellence, but as the best system which could be adapted to the circumstances of all, and, at the same time, to afford any tolerable prospect of general as

sent.

"These celebrated articles met with still greater obstacles in their progress through the states. Most of the legislatures ratified them with a promptitude which showed their sense of the necessity of the confederacy. But Delaware did not accede to them until the year 1779, and Maryland explicitly rejected them. The refusal of Maryland, so long persisted in, gave encouragement to the enemy, injured the common cause, and damped the hopes of the friends of America at home and abroad.

"The difficulties which impeded the framing and adopting the articles of confederation, even during the presence of a common calamity, and which nothing, at last, but a sense of common danger could surmount, form a striking example of the mighty force of local interests and discordant passions, and teach a monitory lesson for moderation in political councils.

"Notwithstanding the articles of confederation conferred upon congress, (though in a very imperfect manner, and under most unskilful organization,) the chief rights of political supremacy, the

Writings of General Washington, vol. i. pp. 79, 80.

jura summa imperii, by which our existence as an independent people was bound up together, and known and acknowledged by the nations of the world; yet, in fact, they were but a digest, and even a limitation, in the shape of a written compact, of those undefined and discretionary sovereign powers, which were delegated by the people of the colonies to congress in 1775, and which had been freely exercised and implicitly obeyed. A remarkable instance of the exercise of this original, dormant, and vague discretion, appears on the journals of congress, the latter end of the year 1776. The progress of British arms had at that period excited the most alarming apprehensions for our safety, and congress transferred to the commander-inchief, for the term of six months, complete dictatorial power over the liberty and property of the citizens of the United States, in like manner as the Roman senate in the critical times of the republic, was wont to have recourse to a dictator, ne quid respublica detrimenti capiat. Such loose and undetermined power as the congress originally possessed, was absolutely incompatible with any notion of liberty. Though it was exercised, in the instance we have referred to, and in other strong cases, with the best intentions, and under the impulse of irresistible necessity, yet such an irregular sovereignty can never be durable. It will either dwindle into insignificance, or degenerate into despotism.

"Almost as soon as it was ratified, the states began to fail in a prompt and faithful obedience to its laws; as danger receded, instances of neglect became more frequent, and before the peace of 1783, the inherent imbecility of the government had displayed itself with alarming rapidity. The delinquencies of one state became the pretext or apo

logy for those of another. The idea of supplying the pecuniary exigencies of the nation from requisitions on the states was soon found to be altogether delusive. The national engagements seem to have been entirely abandoned. Even contributions for the ordinary expenses of government fell almost entirely upon the two states that had most domestic resources. Attempts were very early made by congress, and remonstrances the most manly and persuasive to obtain from the several states the right of levying, for a time, a general impost, for the exclusive purpose of providing for the discharge of the national debt. It was found impracticable to unite them in any provision for the national safety or honour. Interfering regulations of trade, interfering claims of territory, were dissolving the friendly attachments, and the sense of common interest, which had cemented and sustained the union during the arduous struggle of the revolution. Symptoms of distress, and marks of humiliation were rapidly accumulating. It was with difficulty that the attention of the states could be sufficiently exerted to induce them to keep up a sufficient representation in congress to form a quorum for business. The finances of the nation were annihilated.* The whole army of the United States was reduced to eighty persons, and the states were urged to provide some militia to garri son the western posts. In short, to use the language of the author of Federalism,' each state, yielding to the voice of immediate interest or convenience, successively withdrew its support from the confederation, till the frail and tottering edifice was ready to fall on our heads, and to crush us beneath its ruins."t

Yet this scheme of government, composed of independent parliaments and

*The evil effects which had sprung from local prejudices are strongly described in a letter from the greatest financier in the states, to General Washington. "It is useless," says Mr. Morris, "at this period to examine into the causes of our present unhappy situation, unless that examination would be productive of cure for the evils which surround us. In fact, these causes have long been known to such as would open their eyes. The very consequences of them were foretold, and the measures execrated by some of the best friends of America; but in vain; an obstinate partiality for the habits and customs of one part of the continent, has predominated in the public councils, and too little attention has been paid to others. To criminate the authors of our errors would not avail; but we cannot see ruin staring us in the face, without thinking of them. It has been my fate to make ineffectual opposition to all short enlistments, to colonial appointments of officers, and to many other measures I thought pregnant with mischief, but these things either suited with the genius and habits, or squared with the interest of some states that had sufficient interest to prevail, and nothing is now left but to extricate ourselves the best way we can."-Writings of Washington, vol. iv. p. 237.

†The passages above are quoted verbatim from Chancellor Kent's Commentaries on American Law, vol. i. pp. 210, 211, 212, and 216. A book of the same autho rity in America as Blackstone's in England.

common executive, "for the congress was not a legislative assembly, nor a representative assembly, but only a diplomatic assembly," it is proposed, in the event of the repeal of the union, to introduce into the British Islands. A form of government which produced despotism in war and anarchy in peace, which caused national perfidy and individual guilt, "by which mutual confidence received a deadly wound, and the morals of the people were severely impaired."†

The effects of separate and independent legislatures, and a common executive having been exhibited in anarchy, bankruptcy, and rebellion.‡ At the suggestion of Colonel Hamilton a convention was held to remedy the evils of their existing institutions, and the present constitution of America was the result of their labour. General Washington, as president of the convention, thus reported to the president of congress:

"In Convention, September 17th, 1787. "Sir-We have now the honour to submit to the consideration of the United States in congress assembled, that constitution which appears to us most desirable. The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money and regulating commerce, and the correspondent

executive and judicial authorities should be fully and effectually vested in the general government of the union; but the impropriety of delegating such extensive trusts to one body of men is evident. Hence results the necessity of different organizations.

"It is obviously impracticable, in the federal government of these states, to secure all the rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society, must give up a share of liberty to preserve the rest; the magnitude of the sacrifice must depend as well on the situation and circumstances, as on the object to be attained. It is at all times difficult to draw with precision the line between those rights that must be surrendered and those which may be reserved; and on the present occasion this difficulty was occasioned by a difference among the several states as to their extent, situation, habits, and particular interests.

"In all our deliberations on this sub

ject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our union, in which is involved our prosperity, felicity, safety, and perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in convention, to be less rigid on points of inferior magnitude, than might have been otherwise expected; and thus the constitution which we now present is the result of a spirit of

Adams' Defence of the constitution of the United States, p. 263. London: 1786. Grimshaw's History of the United States, p. 198. Philadelphia: 1822. How with such a government were the states of America able to achieve their independence? By the infatuation of England.

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"Had we formed," wrote General Washington to the president of the congress, a permanent army in the beginning, which, by a continuation of the same men in the service, had been capable of discipline, we never should have to retreat across the Delaware in 1776, trembling for the fate of America, which nothing but the infatuation of the enemy could have saved. We should not have remained all the succeeding winter at their mercy, with sometimes scarcely a sufficient body of men to mount the ordinary guards, liable every moment to be dissipated, if they had only thought proper to march against us. We should not have been under the necessity of fighting at Brandywine with an unequal number of raw troops, and afterwards of seeing Philadelphia fall a prey to a victorious army. We should not have been at Valleyforge with less than half the force of the enemy, destitute of everything, in a situation neither to resist nor retire. We should not have seen New York left with a handful of men, yet an overmatch for the main army of these states. We should not have found ourselves this spring so weak as to be insulted by five thousand men, unable to protect our baggage and magazines, their security depending on a good countenance and a want of enterprise in the enemy; indebted for our safety to their inactivity, enduring frequently the mortification of seeing inviting opportunities to ruin them pass unimproved for want of a force the country was completely able to afford, and of seeing the country ravaged, our towns burned, the inhabitants plundered, abused, murdered with impunity for the same cause.' Writings of Washington, vol. vii. pp. 162, 163.

The rebellion in Massachusets, headed by Daniel Shay, broke out in 1786.

amity and that mutual deference and concession, which the peculiarity of our political situation rendered indispensably necessary.

"That it will merit the full and entire approbation of every state is perhaps not to be expected; but each will doubtless consider that had her interest been alone consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country which is so dear to us all, and secure her freedom and happiness, is our most ardent wish.

"With great respect we have the honour to be, sir, your excellency's most obedient and humble servants,

"GEORGE WASHINGTON,

"President.

"By the unanimous order of the Convention. "To his Excellency the President of Congress."

Of this convention every character distinguished in the revolutionary struggle was a member, with the exception of Jefferson, who was then ambassador at Paris; and even he, notwithstanding his anti-social principles, was coerced to adınit the necessity of the measures it adopted. How far the constitution answered to the anticipations of its founders may be inferred from two events, one in war, and another during a time of profound peace; each of which nearly shattered the union into fragments. It is true, a narrative of these incidents is beyond the legitimate scope of this article ; but if the federal constitution has not succeeded-if, even at present, it indicates the impracticability of working, the instant the motion of its machinery is increased, an argument inay be deduced from it against a form of government, in which its peculiar evils would be aggravated; for we may infer the centrifugal force of nations united by an executive, when we know how feeble is the centripetal power of federal states with a supreme legislature.

The approach of the termination of the European contest left the war, on the part of the Americans, equally without an object as without hope. To such a height did discontent rise, even among the democratic party,

who had been the most violent sup porters of the war, in consequence of the direct or excise taxes, that govern. ment was obliged to do something indicating a disposition to recede from the inveterate system of hostility they had hitherto pursued. In the end of March, a message from the president to congress recommended the repeal of the non-importation act, and, in pursuance of the recommendation, a bill soon after passed both houses by a large majority, repealing both the embargo and the non-importation act. This decisive approach to pacific measures awakened sanguine hopes, through the union, of reviving trade and a speedy termination of hostilities; but they were soon undeceived by a proclamation of the British govern ment, which declared the ports of New York as well as those of the southward in a state of blockade.

But the discontent of the northern states had now risen to such a height as seriously threatened the dissolution of the Union. The two states of Massachusets and New England continued to refuse to send their contingents to the army, and the governor of the former, thus addressed the state legislature in the beginning of the year. "If our conduct to both belligerents had been equally impartial, all the calamities of war might have been avoided. We had assumed the character of a neutral state; but had we not violated the duties imposed by that character ? Had not every subject of complaint against one belligerent been amply displayed; and those against the other palliated or concealed." At a subsequent period of the same year, the same state of Massachusets took a still more decisive measure. Openly asserting their inherent right to frame a new constitution, they resolve to appoint delegates to confer with the delegates of New England, on the subject of their grievances and common concerns.

Peace in 1814 preserved the integrity of the Union.*

The fabric, which courage and love of liberty had founded, and wisdom had reared, seemed now about to be shattered to pieces. A fiscal quarrel gave birth to the United States, a fiscal quarrel was on the point of resolving

Alison's History of Europe, vol. x. pp. 710, 711. VOL. XXII.-No. 131.

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them into their primitive elements, and, perhaps, of sowing among them the seeds of irreconcilable hatred. The heavy duties which, partly to encourage domestic production, but much more to retaliate upon England for the exclusion of American grain, had of late years been imposed upon British manufactures, were the cause of the dissension. Possessed, as America is, of boundless tracts of fertile uncultivated land, the policy of her seeking to become a manufacturing power may be doubted. The consequences which her tariff laws produced were near proving fatal to her strength and happiness. The northern states received from them a problematical benefit; but to the southern states they were a severe evil, unmitigated by a single advantage. To the latter states they doubled the price of articles of the first necessity; while, at the same time, they depreciated the value of southern produce. This situation of things could not exist without giving rise to complaints, and, ultimately, to resistance. In Virginia, Georgia, the Carolinas, Alabama, and other parts to the southward of the Chesapeake, remonstrances against the tariff, couched in the strongest language, were repeatedly voted in the houses of assembly and great public meetings, and were addressed to Congress. The anger of the remonstrators was further excited by counter-resolutions from the northern states, calling for additional restrictions. Still, especially, as the president was known to be unfriendly to heavy protecting duties, it was hoped that some change would be made, which would remove or lighten the oppressive weight under which the southern states were suffering. This hope, however, was destroyed by the tariff of 1832, for though the law enacting the tariff introduced some trifling modifications, it left unaltered all that was objectionable to the people of the south.

South Carolina did not vent its

anger in words alone. It proceeded to take steps, which showed how much it was in earnest. In October its legislature passed an act for the calling a convention of the people of the state, to take into consideration the tariff laws, and the system it would be proper to adopt on this momentous occasion. The payment of taxes already began

to be refused. The convention, which consisted of nearly two hundred members, met on the 19th November, 1832, and sat daily, till the 24th, when it adjourned.

The convention acted with a promptitude and boldness which demonstrated that those who created it were resolved to run all risks rather than submit. It passed, by one hundred and thirty six votes against twenty-nine, "An ordinance to nullify certain acts of the congress of the United States, purporting to be laws laying duties and imposts on the importation of foreign commodities." "The tariff laws," said this ordinance, "are unauthorized by the constitution of the United States, and violate the true meaning and intent thereof, and are null, void, and no law, nor binding on this state, its officers, or citizens; and all promises, contracts, and obligations, made or entered into, with the purpose to secure the duties imposed by said acts, and all judicial proceedings which shall here. after be had in affirmance thereof, are, and shall be held utterly null and void." The constituted authorities were strictly prohibited from enforcing the payment of duties, and the state legislature was called upon to pass such acts as were required to give full effect to this ordinance. Appeals to the supreme court of the United States were forbidden; all persons holding office were to take an oath to obey and exe cute the ordinance; and lastly, it was declared, that, in the case of the general government committing any act of hostility against South Carolina, or harassing its commerce," the people of this state will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connexion with the people of the other states, and will forthwith proceed to organize a separate government, and do all other acts and things which sovereign and independent states may of right do."

The legislature of South Carolina manifested equal vigour. It gave entire sanction to the ordinance, and passed a variety of laws for putting it into effectual operation, and punishing all who dared to contravene it. In case of hostility arising from these measures it authorized the governor to call on the whole military force of the state, to raise volunteers and to

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