Founding America: Documents from the Revolution to the Bill of Rights

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Founding America: Documents from the Revolution to the Bill of Rights Page 23

by Jack N. Rakove (editor)


  A question has been made, whether single men could be found to undertake these offices. I think they could, because there would be then every thing to excite the ambition of candidates. But in order to this Congress by their manner of appointing them and the line of duty marked out must show that they are in earnest in making these offices, offices of real trust and importance.

  I fear a little vanity has stood in the way of these arrangements, as though they would lessen the importance of Congress and leave them nothing to do. But they would have precisely the same rights and powers as heretofore, happily disencumbered of the detail. They would have to inspect the conduct of their ministers, deliberate upon their plans, originate others for the public good—only observing this rule that they ought to consult their ministers, and get all the information and advice they could from them, before they entered into any new measures or made changes in the old.

  A third defect is the fluctuating constitution of our army. This has been a pregnant source of evil; all our military misfortunes, three fourths of our civil embarrassments are to be ascribed to it. The General has so fully enumerated the mischief of it in a late letter of the [20th of August] to Congress that I could only repeat what he has said, and will therefore refer you to that letter.

  The imperfect and unequal provision made for the army is a fourth defect which you will find delineated in the same letter. Without a speedy change the army must dissolve; it is now a mob, rather than an army, without cloathing, without pay, without provision, without morals, without discipline. We begin to hate the country for its neglect of us; the country begins to hate us for our oppressions of them. Congress have long been jealous of us; we have now lost all confidence in them, and give the worst construction to all they do. Held together by the slenderest ties we are ripening for a dissolution.

  The present mode of supplying the army—by state purchases—is not one of the least considerable defects of our system. It is too precarious a dependence, because the states will never be sufficiently impressed with our necessities. Each will make its own ease a primary object, the supply of the army a secondary one. The variety of channels through which the business is transacted will multiply the number of persons employed and the opportunities of embezzling public money. From the popular spirit on which most of the governments turn, the state agents, will be men of less character and ability, nor will there be so rigid a responsibility among them as there might easily be among those in the employ of the continent, of course not so much diligence care or economy. Very little of the money raised in the several states will go into the Continental treasury, on pretence, that it is all exhausted in providing the quotas of supplies, and the public will be without funds for the other demands of governments. The expence will be ultimately much greater and the advantages much smaller. We actually feel the insufficiency of this plan and have reason to dread under it a ruinous extremity of want.

  These are the principal defects in the present system that now occur to me. There are many inferior ones in the organization of particular departments and many errors of administration which might be pointed out; but the task would be troublesome and tedious, and if we had once remedied those I have mentioned the others would not be attended with much difficulty.

  I shall now propose the remedies, which appear to me applicable to our circumstances, and necessary to extricate our affairs from their present deplorable situation.

  The first step must be to give Congress powers competent to the public exigencies. This may happen in two ways, one by resuming and exercising the discretionary powers I suppose to have been originally vested in them for the safety of the states and resting their conduct on the candor of their country men and the necessity of the conjuncture: the other by calling immediately a convention of all the states with full authority to conclude finally upon a general confederation, stating to them beforehand explicity the evils arising from a want of power in Congress, and the impossibility of supporting the contest on its present footing, that the delegates may come possessed of proper sentiments as well as proper authority to give to the meeting. Their commission should include a right of vesting Congress with the whole or a proportion of the unoccupied lands, to be employed for the purpose of raising a revenue, reserving the jurisdiction to the states by whom they are granted.

  The first plan, I expect will be thought too bold an expedient by the generality of Congress; and indeed their practice hitherto has so rivetted the opinion of their want of power, that the success of this experiment may very well be doubted.

  I see no objection to the other mode, that has any weight in competition with the reasons for it. The Convention should assemble the 1st of November next, the sooner, the better; our disorders are too violent to admit of a common or lingering remedy. The reasons for which I require them to be vested with plenipotentiary authority are that the business may suffer no delay in the execution, and may in reality come to effect. A convention may agree upon a confederation ; the states individually hardly ever will. We must have one at all events, and a vigorous one if we mean to succeed in the contest and be happy hereafter. As I said before, to engage the states to comply with this mode, Congress ought to confess to them plainly and unanimously the impracticability of supporting our affairs on the present footing and without a solid coercive union. I ask that the Convention should have a power of vesting the whole or a part of the unoccupied land in Congress, because it is necessary that body should have some property as a fund for the arrangements of finance ; and I know of no other kind that can be given them.

  The confederation in my opinion should give Congress complete sovereignty; except as to that part of internal police, which relates to the rights of property and life among individuals and to raising money by internal taxes. It is necessary, that every thing, belonging to this, should be regulated by the state legislatures. Congress should have complete sovereignty in all that relates to war, peace, trade, finance, and to the management of foreign affairs, the right of declaring war of raising armies, officering, paying them, directing their motions in every respect, of equipping fleets and doing the same with them, of building fortifications arsenals magazines &c. &c., of making peace on such conditions as they think proper, of regulating trade, determining with what countries it shall be carried on, granting indulgencies laying prohibitions on all the articles of export or import, imposing duties granting bounties & premiums for raising exporting importing and applying to their own use the product of these duties, only giving credit to the states on whom they are raised in the general account of revenues and expences, instituting Admiralty courts &c., of coining money, establishing banks on such terms, and with such privileges as they think proper, appropriating funds and doing whatever else relates to the operations of finance, transacting every thing with foreign nations, making alliances of fensive and defensive, treaties of commerce, &c. &c.

  The confederation should provide certain perpetual revenues, productive and easy of collection, a land tax, poll tax or the like, which together with the duties on trade and the unlocated lands would give Congress a substantial existence, and a stable foundation for their schemes of finance. What more supplies were necessary should be occasionally demanded of the states, in the present mode of quotas.

  The second step I would recommend is that Congress should instantly appoint the following great officers of state—A secretary for foreign affairs—a President of war—A President of Marine—A Financier—A President of trade; instead of this last a board of Trade may be preferable as the regulations of trade are slow and gradual and require prudence and experience (more than other qualities), for which boards are very well adapted.

  Congress should choose for these offices, men of the first abilities, property and character in the continent—and such as have had the best opportunities of being acquainted with the several branches. General Schuyler24 (whom you mentioned) would make an excellent President of War, General McDougall25a very good President of Marine. Mr. Robert
Morris would have many things in his favour for the department of finance. He could by his own personal influence give great weight to the measures he should adopt. I dare say men equally capable may be found for the other departments.

  I know not, if it would not be a good plan to let the Financier be President of the Board of trade; but he should only have a casting voice in determining questions there. There is a connection between trade and finance, which ought to make the director of one acquainted with the other; but the Financier should not direct the af fairs of trade, because for the sake of acquiring reputation by increasing the revenues, he might adopt measures that would depress trade. In what relates to finance he should be alone.

  These offices should have nearly the same powers and functions as those in France analogous to them, and each should be chief in his department, with subordinate boards composed of assistant clerks &c. to execute his orders.

  In my opinion a plan of this kind would be of inconceivable utility to our affairs; its benefits would be very speedily felt. It would give new life and energy to the operations of government. Business would be conducted with dispatch method and system. A million of abuses now existing would be corrected, and judicious plans would be formed and executed for the public good.

  Another step of immediate necessity is to recruit the army for the war, or at least for three years. This must be done by a mode similar to that which is practiced in Sweeden. There the inhabitants are thrown into classes of sixteen, and when the sovereign wants men each of these classes must furnish one. They raise a fixed sum of money, and if one of the class is willing to become a soldier, he receives the money and offers himself a volunteer; if none is found to do this, a draft is made and he on whom the lot falls receives the money and is obliged to serve. The minds of the people are prepared for a thing of this kind; the heavy bounties they have been obliged to pay for men to serve a few months must have disgusted them with this mode, and made them desirous of another, that will once for all answer the public purposes, and obviate a repetition of the demand. It ought by all means to be attempted, and Congress should frame a general plan and press the execution upon the states. When the confederation comes to be framed, it ought to provide for this by a fundamental law, and hereafter there would be no doubt of the success. But we cannot now wait for this; we want to replace the men whose times of service will expire the 1st of January, for then, without this, we shall have no army remaining and the enemy may do what they please. The General in his letter already quoted has assigned the most substantial reasons for paying immediate attention to this point.

  Congress should endeavour, both upon their credit in Europe, and by every possible exertion in this country, to provide cloathing for their officers, and should abolish the whole system of state supplies. The making good the depreciation of the currency and all other compensations to the army should be immediately taken up by Congress, and not left to the states; if they would have the accounts of depreciation liquidated, and governmental certificates given for what is due in specie or an equivalent to specie, it would give satisfaction; appointing periodical settlements for future depreciation.

  The placing the officers upon half pay during life would be a great stroke of policy, and would give Congress a stronger tie upon them, than any thing else they can do. No man, that reflects a moment, but will prefer a permanent provision of this kind to any temporary compensation, nor is it opposed to economy; the difference between this and between what has been already done will be insignificant. The benefit of it to the widows should be confined to those whose husbands die during the war. As to the survivors, not more than one half on the usual calculation of mens lives will exceed the seven years for which the half pay is already established. Besides this whatever may be the visionary speculations of some men at this time, we shall find it indispensable after the war to keep on foot a considerable body of troops; and all the officers retained for this purpose must be deducted out of the half pay list. If any one will take the pains to calculate the expence on these principles, I am persuaded he will find the addition of expence from the establishment proposed, by no means a national object.

  The advantages of securing the attachment of the army to Congress, and binding them to the service by substantial ties are immense. We should then have discipline, an army in reality, as well as in name. Congress would then have a solid basis of authority and consequence, for to me it is an axiom that in our constitution an army is essential to the American union.

  The providing of supplies is the pivot of every thing else (though a well constituted army would not in a small degree conduce to this, by giving consistency and weight to government). There are four ways all which must be united—a foreign loan, heavy pecuniary taxes, a tax in kind, a bank founded on public and private credit.

  As to a foreign loan I dare say, Congress are doing every thing in their power to obtain it. The most effectual way will be to tell France that without it, we must make terms with great Britain. This must be done with plainness and firmness, but with respect and without petulance, not as a menace, but as a candid declaration of our circumstances. We need not fear to be deserted by France. Her interest and honor are too deeply involved in our fate; and she can make no possible compromise. She can assist us, if she is convinced it is absolutely necessary, either by lending us herself or by becoming our surety or by influencing Spain. It has been to me astonishing how any man could have doubted at any period of our affairs of the necessity of a foreign loan. It was self evident, that we had not a fund of wealth in this country, capable of affording revenues equal to the expences. We must then create artificial revenues, or borrow; the first was done, but it ought to have been foreseen, that the expedient could not last; and we should have provided in time for its failure.

  Here was an error of Congress. I have good reason to believe, that measures were not taken in earnest early enough, to procure a loan abroad. I give you my honor that from our first outset, I thought as I do now and wished for a foreign loan not only because I foresaw it would be essential but because I considered it as a tie upon the nation from which it was derived and as a means to prop our cause in Europe.

  Concerning the necessity of heavy pecuniary taxes I need say nothing, as it is a point in which everybody is agreed; nor is there any danger, that the product of any taxes raised in this way will over burthen the people, or exceed the wants of the public. Indeed if all the paper in circulation were drawn annually into the treasury, it would neither do one, nor the other.

  As to a tax in kind, the necessity of it results from this principle—that the money in circulation is not a sufficient representative of the productions of the country, and consequently no revenues raised from it as a medium can be a competent representative of that part of the products of the country, which it is bound to contribute to the support of the public. The public therefore to obtain its due or satisfy its just demands and its wants must call for a part of those products themselves. This is done in all those countries which are not commercial, in Russia, Prussia, Denmark Sweden &c. and is peculiarly necessary in our case.

  Congress in calling for specific supplies26 seem to have had this in view; but their intention has not been answered. The states in general have undertaken to furnish the supplies by purchase, a mode as I have observed, attended with every inconvenience and subverting the principle on which the supplies were demanded—the insufficiency of our circulating medium as a representative for the labour and commodities of the Country It is therefore necessary that Congress should be more explicit, should form the outlines of a plan for a tax in kind, and recommend it to the states, as a measure of absolute necessity

  The general idea I have of a plan, is that a respectable man should be appointed by the state in each county to collect the taxes and form magazines, that Congress should have in each state an officer to superintend the whole and that the state collectors should be subordinate and responsible to them. This Continental superintendent might be su
bject to the general direction of the Quarter Master General, or not, as might be deemed best; but if not subject to him, he should be obliged to make monthly returns to the President at War, who should instruct him what proportion to deliver to the Quarter Master General. It may be necessary that the superintendents should sometimes have power to dispose of the articles in their possession on public account; for it would happen that the contributions in places remote from the army could not be transported to the theatre of operations without too great expence, in which case it would be eligible to dispose of them and purchase with the money so raised in the countries near the immediate scene of war.

  I know the objections which may be raised to this plan—its tendency to discourage industry and the like; but necessity calls for it; we cannot proceed without [it], and less evils must give place to greater. It is besides practiced with success in other countries, and why not in this? It may be said, the examples cited are from nations under despotic governments and that the same would not be practicable with us; but I contend where the public good is evidently the object more may be effected in governments like ours than in any other. It has been a constant remark that free countries have ever paid the heaviest taxes. The obedience of a free people to general laws however hard they bear is ever more perfect than that of slaves to the arbitrary will of a prince. To this it may be added that Sweden was always a free government, and is so now in a great degree, notwithstanding the late revolution.

 

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