Sir,—
The constitution which I enclosed to the general assembly in a late official letter, appears without my signature. This circumstance, although trivial in its own nature, has been rendered rather important to myself at least by being misunderstood by some, and misrepresented by others.—As I disdain to conceal the reasons for withholding my subscription, I have always been, still am, and ever shall be, ready to proclaim them to the world. To the legislature, therefore, by whom I was deputed to the federal convention, I beg leave now to address them; affecting no indifference to public opinion, but resolved not to court it by an unmanly sacrifice of my own judgment.
As this explanation will involve a summary, but general review of our federal situation, you will pardon me, I trust, although I should transgress the usual bounds of a letter.
Before my departure for the convention, I believed, that the confederation was not so eminently defective, as it had been supposed. But after I had entered into a free communication with those who were best informed of the condition and interest of each State; after I had compared the intelligence derived from them with the properties which ought to characterize the government of our union, I became persuaded, that the confederation was destitute of every energy, which a constitution of the United States ought to possess.
For the objects proposed by its institution were, that it should be a shield against foreign hostility, and a firm resort against domestic commotion; that it should cherish trade, and promote the prosperity of the States under its care.
But these are not among the attributes of our present union. Severe experience under the pressure of war—a ruinous weakness manifested since the return of peace; and the contemplation of those dangers, which darken the future prospect, have condemned the hope of grandeur and of safety under the auspices of the confederation.
In the exigencies of war, indeed, the history of its effects is but short; the final ratification having been delayed until the year 1781. But however short, this period is distinguished by melancholy testimonies of its inability to maintain in harmony, the social intercourse of the States, to defend congress against encroachments on their rights, and to obtain by requisitions, supplies to the federal treasury, or recruits to the federal armies. I shall not attempt an enumeration of the particular instances; but leave to your own remembrance and the records of congress the support of the assertions.
In the season of peace too, not many years have elapsed; and yet each of them has produced fatal examples of delinquency, and sometimes of pointed opposition to federal duties. To the various remonstrances of congress, I appeal, for a gloomy, but unexaggerated narrative of the injuries which our faith, honor and happiness, have sustained by the failure of the States.
But these evils are past; and some may be led by an honest zeal to conclude that they cannot be repeated. Yes, sir, they will be repeated as long as the confederation exists, and will bring with them other mischiefs springing from the same source, which cannot yet be foreseen in their full array of terror.
If we examine the constitution and laws of the several States, it is immediately discovered that the law of nations is unprovided with sanctions in many cases, which deeply affect public dignity and public justice. The letter however of the confederation does not permit congress to remedy these defects, and such an authority, although evidently deducible from its spirit, cannot without violation of the second article, be assumed. Is it not a political phenomenon, that the head of the confederacy should be doomed to be plunged into war, from its wretched impotency to check offences against this law; and sentenced to witness in unavailing anguish the infraction of their engagements to foreign sovereigns?