On the other hand, the United States were charged with infringing the fourth, fifth, and sixth articles, which contain agreements respecting the payment of debts, the confiscation of property, and prosecution of individuals for the part taken by them during the war.
[On] the 14th of January, 1784, the day on which the definitive articles were ratified, congress passed a resolution containing a recommendation in the words of the treaty, respecting confiscated property, which was transmitted without delay to the several states. They considered this resolution as merely formal; and contended that neither the American nor the British government expected from it any beneficial results. But other stipulations which are explicit, the performance of which was not to rest on the recommendation of the government, especially that respecting the payment of debts, were also neglected. These causes of mutual complaint being permitted to rankle for some time in the bosoms of both nations, produced a considerable degree of irritation. The British merchants had large credits in America. Those engaged in the colonial trade had been nearly ruined by the rupture between the two countries; and, without taking into the account the embarrassments in which the war had involved their debtors, they calculated, after the restoration of peace, on the prompt collection of the vast sums which were due to them. But the impediments to the recovery of debts were, in many instances, permitted to remain; and the dispositions manifested by those states in which they were chiefly due, did not authorize a belief that any favourable change of measures was about to take place. The complaints of the creditors were loud and incessant. They openly charged the American government with violating the most solemn obligations which public and private contract could create; and this charge affected the national character the more seriously, because the terms of the treaty were universally deemed highly advantageous to the United States. The recriminations on the part of individuals in America, were also uttered with the angry vehemence of men who believe themselves to be suffering unprovoked injuries. The negroes in possession of the British armies at the restoration of peace, belonged, in many cases, to actual debtors; and in all, to persons who required the labour of which they were thus deprived, to repair the multiplied losses produced by the war. To the detention of the posts on the lakes was ascribed the hostile temper manifested by the Indians; and thus, to the indignity of permitting a foreign power to maintain garrisons within the limits of the nation, were superadded the murders perpetrated by the savages, and the consequent difficulty of settling the fertile and vacant lands of the west.[28] On the north-eastern frontier too, the British were charged with making encroachments on the territory of the United States. On that side, the river St. Croix, from its source to its mouth in the bay of Passamaquoddy, is the boundary between the two nations. Three rivers of that name empty into the bay. The Americans claimed the most eastern, as the real St. Croix, while settlements were actually made under the authority of the government of Nova Scotia to the middle river, and the town of St. Andrews was established on its banks.
Mr. Adams appointed to negotiate with the British cabinet.
But the cause of most extensive disquiet was the rigorous commercial system pursued by Great Britain. While colonists, the Americans had carried on a free and gainful trade with the British West Indies. Those ports were closed against them as citizens of an independent state; and their accustomed intercourse with other parts of the empire also was interrupted by the navigation act. To explore new channels for the commerce of the nation was, in the actual state of things, opposed by obstacles which almost discouraged the attempt. On every side they met with rigorous and unlooked for restrictions. Their trade with the colonies of other powers, as well as with those of England, was prohibited; and in all the ports of Europe they encountered regulations which were extremely embarrassing. From the Mediterranean, they were excluded by the Barbary powers, whose hostility they had no force to subdue, and whose friendship they had no money to purchase. Thus, the characteristic enterprise of their merchants, which, in better times, has displayed their flag in every ocean, was then in a great measure restrained from exerting itself by the scantiness of their means. These commercial difficulties suggested the idea of compelling Great Britain to relax the rigour of her system, by opposing it with regulations equally restrictive; but to render success in such a conflict possible, it was necessary that the whole power of regulating commerce should reside in a single legislature. Few were so sanguine as to hope that thirteen independent governments, jealous of each other, could be induced to concur for a length of time, in measures capable of producing the desired effect. With many, therefore, the desire of counteracting a system which appeared to them so injurious, triumphed over their attachment to state sovereignty; and the converts to the opinion that congress ought to be empowered to regulate trade, were daily multiplied. Meanwhile, the United States were unremitting in their endeavours to form commercial treaties in Europe. Three commissioners had been appointed for that purpose; and at length, as the trade with England was peculiarly important, and the growing misunderstandings between the two countries threatened serious consequences should their adjustment be much longer delayed, Mr. John Adams was appointed minister plenipotentiary to the court of St. James. His endeavours to form a commercial treaty were not successful. His overtures were declined by the cabinet of London, because the government of the United States was unable to secure the observance of any general commercial regulations; and it was deemed unwise to enter into stipulations which could not be of reciprocal obligation. In fact, it is not probable that, had even this difficulty been surmounted, Britain could have been induced to grant advantages that would have been satisfactory to America. The latter expected great relaxations of the navigation act, and a free admission into the colonies of the former; and believed its commerce of sufficient importance to obtain these objects, if it could be regulated by a single legislature. The reflecting part of America did not require this additional evidence of the sacrifice which had been made of national interest on the altars of state jealousy, to demonstrate the defectiveness of the existing system. On the mind of no person had this impression been more strongly made, than on that of General Washington. His extensive correspondence bears ample testimony to the solicitude with which he contemplated the proceedings of the states on this interesting subject.
The opinion he sought to inculcate was, that the trade between the United States and Great Britain was equally important to each; and therefore, that a commercial intercourse between the two nations might be established on equal terms, if the political arrangements in America would enable its government to guard its interests; but without such arrangements, those interests could not be protected, and America must appear in a very contemptible point of view to those with whom she was endeavouring to form commercial treaties, without possessing the means of carrying them into effect:—who "must see and feel that the union, or the states individually are sovereign as best suits their purposes:—in a word, that we are one nation to day, and thirteen to-morrow. Who," he added, "will treat with us on such terms?"
About this time, General Washington received a long and affectionate letter from the Marquis de Lafayette, who had just returned from a tour through the north of Europe. In communicating the occurrences at the courts he had visited, and especially at that of Prussia, whose aged and distinguished monarch, uniting the acquirements of the scholar and the statesman with the most profound skill in the art of war, could confer either literary or military fame, he dwelt with enthusiasm on the plaudits which were universally bestowed on his military patron and paternal friend. "I wish," he added, "the other sentiments I have had occasion to discover with respect to America, were equally satisfactory with those that are personal to yourself. I need not say that the spirit, the firmness, with which the revolution was conducted, has excited universal admiration:—That every friend to the rights of mankind is an enthusiast for the principles on which those constitutions are built:—but I have often had the mortification to hear, that the want of powers in congress, of union between the states, of energy in their government, would make the confederation very insignificant. By their conduct in the revolution," he added, "the citizens of America have commanded the respect of the world; but it grieves me to think they will in a measure lose it, unless they strengthen the confederation, give congress power to regulate their trade, pay off their debt, or at least the interest of it, establish a well regulated militia, and, in a word, complete all those measures which you have recommended to them."
"Unhappily for us," said the general in reply, "though the reports you mention are greatly exaggerated, our conduct has laid the foundation for them. It is one of the evils of democratic governments, that the people, not always seeing, and frequently misled, must often feel before they act right. But evils of this nature seldom fail to work their own cure. It is to be lamented, nevertheless, that the remedies are so slow, and that those who wish to apply them seasonably, are not attended to before they suffer in person, in interest, and in reputation. I am not without hopes that matters will soon take a favourable turn in the federal constitution. The discerning part of the community have long since seen the necessity of giving adequate powers to congress for national purposes, and those of a different description must yield to it ere long."
Discontents of the Americans against the commercial regulations of Britain.
While the recommendation of the 30th of April, 1784, was before the states, many causes contributed to diffuse through the community such a general dissatisfaction with the existing state of things, as to prepare the way for some essential change in the American system. In the course of the long war which had been carried on in the bosom of their country, the people of the United States had been greatly impoverished. Their property had been seized for the support of both armies; and much of their labour had been drawn from agriculture for the performance of military service. The naval power of their enemy had almost annihilated their commerce; from which resulted the two-fold calamity, that imported commodities were enhanced to an enormous price, while those for exportation were reduced much below their ordinary value. The inevitable consequence was, that those consumable articles which habit had rendered necessary, were exhausted; and peace found the American people, not only destitute of the elegancies, and even of the conveniences of life, but also without the means of procuring them, otherwise than by anticipating the proceeds of future industry. On opening their ports, an immense quantity of foreign merchandise was introduced into the country, and they were tempted by the sudden cheapness of imported goods, and by their own wants, to purchase beyond their capacities for payment. Into this indiscretion, they were in some measure beguiled by their own sanguine calculations on the value which a free trade would bestow on the produce of their soil, and by a reliance on those evidences of the public debt which were in the hands of most of them. So extravagantly too did many estimate the temptation which equal liberty and vacant lands would hold out to emigrants from the old world, as to entertain the opinion that Europe was about to empty itself into America, and that the United States would derive from that source such an increase of population, as would enhance their lands to a price heretofore not even conjectured. Co-operating with the cause last mentioned, was the impression which had been made by paper money on public morals, and on public opinion. It had not escaped observation that every purchaser on credit, however excessive the price might apparently be, had not only been relieved by the depreciation, but had derived great gains from his contract. Speculating on a similar course of things, many individuals had made extensive purchases at high prices; and had thus contributed to continue for a time, the deception imposed on themselves by those who supposed that the revolution was a talisman, whose magic powers were capable of changing the nature of things. The delusive hopes created by these visionary calculations were soon dissipated, and a great proportion of the inhabitants found themselves involved in debts they were unable to discharge. One of the consequences resulting from this unprosperous state of things was a general discontent with the course of trade. It had commenced with the native merchants of the north, who found themselves incapable of contending in their own ports with foreigners; and was soon communicated to others. The gazettes of Boston contained some very animated and angry addresses, which produced resolutions for the government of the citizens of that town, applications to their state legislature, a petition to congress, and a circular letter to the merchants of the several sea-ports throughout the United States. After detailing the disadvantages under which the trade and navigation of America laboured, and expressing their confidence that the necessary powers to the federal government would be soon, if not already, delegated, the petition to congress thus concludes: "Impressed with these ideas, your petitioners beg leave to request of the very august body which they have now the honour to address, that the numerous impositions of the British, on the trade and exports of these states, may be forthwith contravened by similar expedients on our part: else may it please your excellency and honours, the commerce of this country, and of consequence its wealth, and perhaps the union itself, may become victims to the artifice of a nation whose arms have been in vain exerted to accomplish the ruin of America."
The merchants of the city of Philadelphia presented a memorial to the legislature of that state, in which, after lamenting it as a fundamental defect in the constitution that full and entire power over the commerce of the United States had not been originally vested in congress, "as no concern common to many could be conducted to a good end, but by a unity of councils;" they say, "hence it is that the intercourses of the states are liable to be perplexed and injured by various and discordant regulations, instead of that harmony of measures on which the particular, as well as general interests depend; productive of mutual disgusts, and alienation among the several members of the empire.