also, that the most safe and practicable course was, to grant temporary power in the first instance, and to leave the question of its permanent adoption as a part of the Confederation to depend on its beneficial effects. Another objection, which afterwards caused serious difficulty, was, that the Articles of Confederation contained no provision for their amendment by a convention, but that changes should originate in Congress and be confirmed by the State legislatures, and that, if the report of a convention should not be adopted by Congress, great mischiefs would follow.

But a deep-seated jealousy in Congress of the radical changes likely to be made in the system of government lay at the foundation of these objections. There was an apprehension that the Convention might be composed of persons favorable to an aristocratic system; or that, even if the members were altogether republican in their views, there would be great danger of a report which would propose an entire remodelling of the government. The delegation from Massachusetts, influenced by these fears, retained the resolutions of the State for two months, and then replied to the Governor's letter, assigning these as their reasons for not complying with the directions given to them.1

1 The delegation at that time consisted of Elbridge Gerry, Samuel Holten, and Rufus King. Their "Reasons assigned for suspending the delivery to Congress of the Governor's letter for revis

The legislature of Mas

ing and altering the Confederation" may be found in the Life of Hamilton, II. 353. See also Boston Magazine for 1785, p. 475.

sachusetts thereupon annulled their resolutions recommending a Convention.1

It is manifest from this occurrence, that Congress in 1785 were no more in a condition to take the lead and conduct the country to a revision of the Federal Constitution, than they were in 1783, when Hamilton wished to have a declaration made of its defects, and found it impracticable. There were seldom present more than five-and-twenty members; and, at the time when Massachusetts proposed to call upon them to act upon this momentous subject, the whole assembly embraced as little eminent talent as had ever appeared in it. They were not well placed to observe that something more than "the declamation of designing men" was at work, loosening the foundations of the system which they were administering." They saw some of its present inconveniences; but they did not see how rapidly it was los

1 November 25, 1785.

2 Letter of Messrs. Gerry, Holten, and King, delegates in Congress, to the Governor of Massachusetts, assigning reasons for suspending the delivery of his letter to Congress, dated September 3, 1785. Life of Hamilton, II. 353, 357.

"We are apprehensive," said they, "and it is our duty to declare it, that such a measure would produce throughout the Union an exertion of the friends of an aristocracy to send members who would promote a change of government; and we can form some judgment of the plan which such members would report to

Congress. But should the members be altogether republican, such have been the declamations of designing men against the Confederation generally, against the rotation of members, which, perhaps, is the best check to corruption, and against the mode of altering the Confederation by the unanimous consent of the legislatures, which effectually prevents innovations in the articles by intrigue or surprise, that we think there is great danger of a report which would invest Congress with powers that the honorable legislature have not the most distant intention to delegate."

ing the confidence of the country, of which the following year was destined to deprive it altogether.

Before the year 1785 had closed, however, Virginia was preparing to give the weight of her influence to the advancing cause of reform.

A proposition was introduced into the House of Delegates of Virginia, to instruct the delegates of the State in Congress to move a recommendation to all the States to authorize Congress to collect a revenue by means of duties uniform throughout the United States, for a period of thirteen years.1 The absolute necessity for such a system was generally admitted; but, as in Massachusetts, the opinions of the members were divided between a permanent grant of power and a grant for a limited term. The advocates of the limitation, arguing that the utility of the measure ought to be tested by experiment, contended, that a temporary grant of commercial powers might be and would be renewed from time to time, if experience should prove its efficacy. They forgot that the other powers granted to the Union, on which its whole fabric rested, were perpetual and irrevocable; and that the first sacrifices of sovereignty made by the States had been the result of circumstances which imperatively demanded the surrender, just as the situation of the country now demanded a similar surrender of an irrevocable power over commerce. The proposal to make this grant temporary only, was a proposal to engraft an anomaly upon the other powers of the

1 November 30th, 1785.

Confederacy, with very little prospect of its future renewal; for the caprice, the jealousy, and the diversity of interests of the different States, were obstacles which the scheme of a temporary grant could only evade for the present, leaving them still in existence when the period of the grant should expire. But the arguments in favor of this scheme prevailed, and the friends of the more enlarged and liberal system, believing that a temporary measure would stand afterwards in the way of a permanent one, and would confirm the policy of other countries founded on the jealousies of the States, were glad to allow the subject to subside, until a new event opened the prospect for a more efficient plan.1

The citizens of Virginia and Maryland, directly interested in the navigation of the rivers Potomac and Pocomoke, and of the Bay of Chesapeake, had long been embarrassed by the conflicting rights and regulations of their respective States; and, in the spring of 1785, an effort at accommodation was made, by the appointment of commissioners on the part of each State to form a compact between them for the regulation of the trade upon those waters. These commissioners assembled at Alexandria in March, and while there made a visit at Mount Vernon, where a further scheme was concerted for the establishment of harmonious commercial regulations between the two

1 The resolution introduced on the 30th of November was agreed to in the Delegates, but before it was carried up to the Senate, it was reconsidered and laid upon the

table.

Elliot's Debates, I. 114, 115. Letter of Mr. Madison to General Washington, of December 9, 1785, Washington's Works, IX. 508.

States. This plan contemplated the appointment of other commissioners, having power to make arrangements, with the assent of Congress, for maintaining a naval force in the Chesapeake, and also for establishing a tariff of duties on imports, to be enacted by the legislatures of both the States. A report, embracing this recommendation, was accordingly made by the Alexandria commissioners to their respective governments. In the legislature of Virginia this report was received while the proposition for granting temporary commercial powers to Congress was under consideration; and it was immediately followed by a resolution directing that part of the plan which respected duties on imports to be communicated to all the States, with an invitation to send deputies to the meeting. In a few days afterwards, the cele

1 What direct agency General Washington had in suggesting or promoting this scheme, does not appear; although it seems to have originated, or to have been agreed upon, at his house. His published correspondence contains no mention of the visit of the commissioners; but Chief Justice Marshall states that such a visit was made, and in this statement he is followed by Mr. Sparks. (Marshall, V. 90; Sparks, I. 428.) Mr. Madison, writing to General Washington in December, 1785, refers to "the proposed appointment of commissioners for Virginia and Maryland, concerted at Mount Vernon, for keeping up harmony in the commercial regulations of the two States,"

and says that the meeting of commissioners from all the States, which had then been proposed,

66

seems naturally to grow out of it." (Washington's Writings, IX. 509.)

That Washington foresaw that the plan agreed upon at his house in March would lead to a general assembly of representatives of all the States, seems altogether probable, from the opinions which he entertained and expressed to his correspondents, during that summer, upon the subject of conferring adequate commercial powers upon Congress. (See his Letters to Mr. McHenry and Mr. Madison of August 22d and November 30th, Writings, IX. 121, 145.)