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The states could not successfully defend themselves against the policy of Great Britain by separate legislation, because it was not the interest of any one of them to exclude British vessels from their harbors unless the like measure should be adopted by every other; and a union of thirteen distinct powers would encounter the very difficulty which had so often proved insuperable. But, while every increate of the power of congress in domestic affairs roused jealousies between the states, the selfish design of a

Sept.
29.

Page 147

The complete cession of the north-west and the grant of the desired inpost were the offerings of Virginia to the general welfare. [1] Simultaneously, her legislature, in December, took cognizance of the aggression on equal commerce. The Virginians owned not much shipping, and had no special interest in the West India trade; but the British prohibitory policy offended their pride and their sense of honor, and, as in the war they had looked upon "union as the rock of their political salvation," so they again rang the bell to call the other states to council. They complained of "a disposition in Great Britain to gain partial advantages injurious to the rights of free commerce, and repugnant to the principles of reciprocal interest and convenience, which form the only permanent foundation of friendly intercourse;" and unanimously consented to empower congress to adopt the most effectual mode of counteracting restrictions on American navigation so long as they should be continued. [2] The governor, by direction, communicated the act to the executive authority of the other states, requesting their immediate adoption of similar measures; [3] and he sent to the delegates of his own state in congress a report of what had been done. This is the first in the series of measures through which Virginia marshalled the United States on their way to a better union.

9.

Page 148

Keeping in mind that, while the articles of confederation did not directly confer on congress the regulation of commerce by enactments, they granted the amplest authority to frame commercial treaties, Jefferson prepared a plan for intercourse with powers of Europe, from Britain to the Ottoman Porte, and with the Barbary states. His draft of instructions [2] described "the United States as one nation upon the principles of the federal constitution." [2] In a document of the preceding congress, mention had been made of "the federal government," and Rhode Island

  
April
30.

Page 149

On the principles according to which commercial treaties should be framed America was unanimous. In October, 1783, congress had proposed the most perfect equality and reciprocity. [2] Jefferson, while he would accept a system of reciprocity, reported as the choice of America that there should be no navigation laws; no distinction between metropolitan and colonial ports; an equal right for each party to carry its own products in its own ships into all ports of the other and to take away its products, freely if possible, if not, paying no other duties than are paid by the most favored nation. In time of war there should be an abandonment of privateering; the least possible interference with industry on land; the inviolability of fishermen; the strictest limitation of contraband; free commerce between neutrals and belligerents in articles not contraband; no paper blockades; in short, free trade and a humane inter-

  
March
26.

Page 150

Washington "was very happy that a man of discernment and liberality like Jefferson thought as he did." More than ten years before he had been a principal mover of a bill for the extension of navigation from tide-water to Will's creek. "To get the business in

Page 151

The vote, emanating from the affections of the people of Virginia, marks his mastery over the heart of his native state. That mastery he has always used to promote the formation of a national constitution.

June.

Page 152

The immensity of the ungranted public domainm which had passed from the English crown to the

Page 153

1.  Washington to Harrison, 18 Jan., 1784. Sparks, ix. 11.

He pressed upon Virginia to establish the meridian of the mouth of the Kanawha as its western boundary, and to cede all beyond to the United States. To Madison he wrote: "For God's sake, push this at the next session of assembly. We hope North

  
March
1.

Page 154

The ordinance contained five other articles: The new states shall remain forever a part of the United States of America; they shall bear the same relation to the confederation as the original states; they shall pay their apportionment of the federal debts; they shall in their governments uphold republican

Page 155

1.  Jefferson to Madison, 20 Feb., 1784. MS.

The design of Jefferson marks an era in the history of universal freedom. For the moment more was attempted than could be accomplished. North Carolina, in the following June, made a cession of all her western lands, but soon revoked it; and Virginia did not release Kentucky till it became a state of the union. Moreover, the sixteen years during which slavery was to have a respite might nurse it into such

Page 156

Six states against three, sixteen men against seven, proscribed slavery. Jefferson bore witness against it all his life long. Wythe and himself, as commissioners to codify the laws of Virginia, had provided for gradual emancipation. When, in 1785, the legislature refused to consider the proposal, Jefferson

Page 157

1.  Jefferson to Madison, 25 April, 1784. MS.

The ordinance for the government of the north-western territory, shorn of its proscription of slavery, was adopted, and remained in force for three years. Later in the session, Jefferson reported an ordinance for ascertaining the mode of locating and disposing of the public lands. The continental domain, when purchased of the Indians, was to be divided by the surveyors into townships of ten geographical miles square, and with such precautions that the wilderness could be mapped out into ranges of lots so exactly as to preclude uncertainty of title. As to inheritance, the words of the ordinance were: "The

May
7.

Page 158

The total cost of the war, from the first blood shed at Lexington to the general orders of Washington in April, 1783, proclaiming peace, was reckoned by Jefferson [4] at one hundred and forty millions of dollars. Congress, before the formation of the confederacy, had emitted paper money to the amount of two hundred millions of dollars, which at the time of its emis-

Page 159

The court of France, with delicacy and generosity, of its own motion released the United States from

Page 160

For that year, the sum required for the several branches of the public service was estimated at about four hundred and fifty thousand dollars; for the interest on foreign debt, nearly four hundred thousand dollars; the balance of interest and the interest on the domestic debt, about six hundred and eighty thousand dollars; the deficit of the last two years, one million; other arrears connected with the debt, nearly one million three hundred thousand dollars: in all, about four millions. This was a greater sum than could be asked for. Instead of making new requisitions, Jefferson credited all federal payments of the states to the requisition of eight millions of dollars in the first year of the confederacy. One half of that requisition was remitted; of the other, three states had paid nothing, the rest had paid less than a million and a half; a balance would remain of nearly two millions seven hundred thousand dollars; and of this balance a requisition was made on each of the states for its just proportion. Could the apportionment be collected within the year, it would defray the expenses of all the departments of the general government and the interest on the foreign and domestic loans, leaving only some part of domestic arrears to be provided for at a later day. Could this system be carried into effect, the credit of the government would be established.

April
27.

Page 161

At Richmond, in May, before the assembly proceeded to active business, Henry sought a conference with Madison and Jones, and declared to them that "a bold example set  by Virginia would have influence on the other states;" "he saw ruin inevitable unless something was done to give congress a compulsory process on delinquent states." This conviction, he said, was his only inducement for coming into the present assembly. It was agreed that Jones and Madison should sketch some plan for giving greater power to the federal government, and henry promised to sustain it on the floor. A majority of the assembly were new members, composed

May
14.

Page 162

Virginia passed an act empowering congress, for any term not exceeding fifteen years, to prohibit the importation or exportation of goods to or from that state in vessels belonging to subjects of powers with whom the United States had no commercial treaty. [2] They further consented that the contributions of the state to the general treasury should be in proportion to the population, counting three fifths of the slaves. All apprehension of danger from conceding a revenue to the confederacy seemed to have passed away; and it was agreed that, pending the acceptance of the amendment to the constitution, any apportionment of the requisitions directed by congress for the purpose of discharging the national debt and the expenses of the national government ought to be complied with. It was further resolved that the accounts subsisting between the United States and individual states should be settled, and that then the balance due ought to be enforced, if necessary, by distress on the property of defaulting states or of their citizens. And these resolutions passed the legislature without a division. [3] It remained only to see what effect the measures of Virginia

Page 163

The committee of states came together on the fourth of June. Four states never attended; and, as the assent of nine was required to carry any proposition except adjournment, the absence of the negative

June
4.

Page 164

This was the state of the government when, on the first of November, Robert Morris retired from his office as superintendent of the finances of the United States. He had conciliated the support of the moneyed men at home. [1] His Bank of North America, necessarily of little advantage to the United States, proved highly remunerative to its stockholders; [2] the bankruptcy of the nation could have been prevented only by the nation itself. Congress passed an act that for the future no person, appointed a commissioner of the treasury of the United States, should be permitted to be engaged, either directly or indirectly, in any trade of commerce whatsoever. [3] Before retiring, Morris announced to the representative of France in America that he could not pay the

  
Nov.
1.

Page 165

The members of the fifth congress arrived so slowly at Trenton, that Marbois, who was charged with French affairs, on the twentieth of November reported what at the moment was true: "There is in America no general government, neither congress, nor president, nor head of any one administrative department." [3] Six days later, while there was still no quorum in congress, Richard Henry Lee, a delegate from Virginia, wrote to Madison: "It is by many here suggested, as a very necessary step for congress to take, the calling on the states to form a convention for the sole purpose of revising the confederation, so far as to enable congress to execute with more energy, effect, and vigor the powers assigned to it than it appears by experience that they can do under the present state of things." In a letter of the same date Mercer said: "There will be a motion made early in the ensuing congress for such a convention." [4] Madison, who knew the heart of his correspondents, answered Lee firmly and yet warily: "The union of the states is essential to their safety against foreign danger and internal contention; the perpetuity and efficacy of the present

26.

Page 166

"The American confederation," so thought the French minister at Versailles, "has a strong tendency to dissolution; it is well that on this point we have neither obligations to fulfil nor any interest to cherish." [2]

Page 167