A Collection of Essays and Fugitiv Writings / On Moral, Historical, Political, and Literary Subjects

by Noah Webster

Without a union that was able to form and execute a general system of commercial regulations, some of the States attempted to impose restraints upon the British trade that should indemnify the merchant for the losses he had suffered, or induce the British ministry to enter into a commercial treaty, and relax the rigor of their navigation laws. These measures however produced nothing but mischief. The States did not act in concert, and the restraints laid on the trade of one State operated to throw the business into the hands of its neighbor. Massachusetts, in her zeal to counteract the effect of the English navigation laws, laid enormous duties upon British goods imported into that State; but the other States did not adopt a similar measure; and the loss of business soon obliged that State to repeal or suspend the law. Thus when Pensylvania laid heavy duties on British goods, Delaware and New Jersey made a number of free ports to encourage the landing of goods within the limits of those States; and the duties in Pensylvania served no purpose, but to create smuggling.

Thus divided, the States began to feel their weakness. Most of the Legislatures had neglected to comply with the requisitions of Congress for furnishing the federal treasury; the resolves of Congress were disregarded; the proposition for a general import to be laid and collected by Congress was negatived first by Rhode Island, and afterwards by New York. The British troops continued, under pretence of a breach of treaty on the part of America, to hold possession of the forts on the frontiers of the States, and thus commanded the fur trade. Many of the States individually were infested with popular commotions or iniquitous tender laws, while they were oppressed with public debts; the certificates or public notes had lost most of their value, and circulated merely as the objects of speculation; Congress lost their respectability, and the United States their credit and importance.

In the midst of these calamities, a proposition was made in 1785, in the house of delegates, in Virginia, to appoint commissioners, to meet such as might be appointed in the other States, who should form a system of commercial regulations for the United States, and recommend it to the several Legislatures for adoption. Commissioners were accordingly appointed and a request was made to the Legislatures of the other States to accede to the proposition. Accordingly several of the States appointed commissioners, who met at Annapolis in the summer of 1786, to consult what measures should be taken to unite the States in some general and efficient commercial system. But as the States were not all represented, and the powers of the commissioners were, in their opinion, too limited to propose a system of regulations adequate to the purposes of government, they agreed to recommend a general convention to be held at Philadelphia the next year, with powers to frame a general plan of government for the United States. This measure appeared to the commissioners absolutely necessary. The old confederation was essentially defectiv. It was destitute of almost every principle necessary to giv effect to legislation.

It was defectiv in the article of legislating over States, instead of individuals. All history testifies that recommendations will not operate as laws, and compulsion cannot be exercised over States, without violence, war and anarchy. The confederation was also destitute of a sanction to its laws. When resolutions were passed in Congress, there was no power to compel obedience by fine, by suspension of privileges or other means. It was also destitute of a guarantee for the State governments. Had one State been invaded by its neighbor, the union was not constitutionally bound to assist in repelling the invasion, and supporting the constitution of the invaded State. The confederation was further deficient in the principle of apportioning the quotas of money to be furnished by each State; in a want of power to form commercial laws, and to raise troops for the defence and security of the union; in the equal suffrage of the States, which placed Rhode Island on a footing in Congress with Virginia; and to crown all the defects, we may add the want of a judiciary power, to define the laws of the union, and to reconcile the contradictory decisions of a number of independent judicatories.

These and many inferior defects were obvious to the commissioners, and therefore they urged a general convention, with powers to form and offer to the consideration of the States, a system of general government that should be less exceptionable. Accordingly in May, 1787, delegates from all the States, except Rhode Island, assembled at Philadelphia; and chose General Washington for their president. After four months deliberation, in which the clashing interests of the several States, appeared in all their force, the convention agreed to recommend a plan of federal government, &c.

As soon as the plan of the federal constitution was submitted to the Legislatures of the several States, they proceeded to take measures for collecting the sense of the people upon the propriety of adopting it. In the small State of Delaware, a convention was called in November, which, after a few days deliberation, ratified the constitution, without a dissenting voice.

In the convention of Pensylvania, held the same month, there was a spirited opposition to the new form of government. The debates were long and interesting. Great abilities and firmness were displayed on both sides; but, on the 13th of December, the constitution was received by two thirds of the members. The minority were dissatisfied, and with an obstinacy that ill became the representativs of a free people, published their reasons of dissent, which were calculated to inflame a party already violent, and which, in fact, produced some disturbances in the western parts of the State. But the opposition has since subsided.

In New Jersey, the convention which met in December, were unanimous in adopting the constitution; as was likewise that of Georgia.

In Connecticut there was some opposition; but the constitution was, on the 9th of January, 1788, ratified by three fourths of the votes in convention, and the minority peaceably acquiesced in the decision.

In Massachusetts, the opposition was large and respectable. The convention, consisting of more than three hundred delegates, were assembled in January, and continued their debates, with great candor and liberality, about five weeks. At length the question was carried for the constitution by a small majority, and the minority, with that manly condescension which becomes great minds, submitted to the measure, and united to support the government.