CHAP. 1777. During the sixteen months that followed the introduction of the plan for confederation prepared Nov. by Dickinson, the spirit of separation, fostered by uncontrolled indulgence, by opposing interests, by fears on the part of the south of the more homogeneous and compact population of the northeast, by the dissimilar impulses under which the different sections of the country had been colonized, and by a dread of interference with the peculiar institutions of each colony, visibly increased in congress, and every change in his draught, which of itself proposed only a league of states, darkened more and more the prospect of that energetic authority which is the first guaranty of liberty. The possessions of the British crown had extended from the Saint Mary's to the extreme north of the habitable continent, from the Atlantic to the Mississippi or even to the Pacific; the United States of America included within their jurisdiction so much of that territory as had belonged to any of the thirteen colonies; and if Canada would so choose, they were ready to annex Canada. In the republics of Greece, citizenship had in theory been confined to a body of kindred families, which formed an hereditary caste, a multitudinous aristocracy. Such a system could have no permanent vitality; and the Greek republics, as the Italian republics in after-ages, died out for want of citizens. America adopted at once the greatest result of modern civilization, the principle of the all-embracing unity of society. As the American territory was that of the old thirteen colonies, so the free people residing upon it formed XXVI. 1777. Nov. the free people of the United States. Subject CHAP. and citizen were correlative terms, and subjects of the monarchy became citizens of the republic. He that had owed primary allegiance to the king of England, now owed primary allegiance to united America; yet, as the republic was the sudden birth of a revolution, the moderation of congress did not name it treason for the former subjects of the king to adhere to his government; only, it was held, that whoever chose to remain on the soil, by resi dence accepted the protection of America, and in return owed it allegiance. This is the reason why, for twelve years, free inhabitants and citizens were in American state-papers convertible terms, sometimes used one for the other, and sometimes, for the sake of perspicuity, redundantly joined together. The king of England, according to the rule of modern civilization, claimed as his subjects all persons born within his dominions: in like manner every one who first saw the light on the American soil was a natural-born citizen; but the power of naturalization, which, under the king, each colony had claimed to regulate by its own laws, remained under the confederacy with the separate states. The king had extended protection to every one of his lieges in any one of the thirteen colonies; now that congress was the successor of the king in America, the right to equal protection was continued to every free inhabitant in whatever state he might sojourn or dwell. It had been held under the monarchy that each American colony was as independent of England. as the electorate of Hanover; now, therefore, in XXVI. 1777. CHAP the confederacy of "the United States of America,” each state was to remain an independent sovereign, Nov. and the union was to be no more than an alliance. This theory decided the manner in which congress should vote. Pennsylvania and Virginia asked, that, while each state might have at least one delegate, the rule should be one for every fifty thousand inhabitants; but the amendment was rejected by nine states against two, Delaware being absent and North Carolina divided. Virginia would have allowed one member of congress to each state for every thirty thousand of its inhabitants, and in this she was supported by John Adams; but his colleagues cast the vote of Massachusetts against it, and Virginia was left alone, North Carolina as before losing its vote by being equally divided. Virginia next desired that the representation for each state should be in proportion to its contribution to the public treasury; here again she was supported by John Adams, but was opposed by every other state, including North Carolina and Massachusetts. At last, with only one state divided and no negative voice but that of Virginia, an equal vote in congress was acknowl edged to belong to each sovereign state, though the number of delegates to give that vote might be not less than two nor more than seven for each state. The remedy for this inequality enhanced the evil and foreboded anarchy: while each state had one vote, "great and very interesting questions" could be carried only by the concurrence of nine states. If the advice of Samuel Adams had been listened to, the vote of nine states would not have prevailed, unless they represented a majority of the XXVI. 1777. people of all the states. For the transaction of less CHAP. important business, an affirmative vote of seven states was required. In other words, in the one Nov. case the assent of two thirds, in the other of a majority of all the thirteen states, was needed, the absence of any state having the force of a negative vote. Principles of policy which in their origin may have been beneficent, when wrongly applied become a curse. The king's power to levy taxes by parliament or by his prerogative had been denied, and no more than a power to make requisitions conceded in like manner the general congress, as successor to the king, could not levy taxes, but only make requisitions for money on the several states. The king might establish post-offices for public convenience, not for revenue: in like manner congress might authorize no rates of postage except to defray the expense of transporting the mails. The colonies under the king had severally levied import and export duties; the same power was allowed still to reside in each separate state, limited only by the proposed treaties with France and Spain. Thus the new republic was left without any independent revenue, and the charges of the government, its issues of paper money, its loans, were to be ultimately defrayed by quotas assessed upon the separate states. The difference between the north and the south growing out of the institution of slavery decided the rule for the distribution of these quotas. By the draught of Dickinson, taxation was to be in proportion to the census of population, in which slaves were to be enumerated. CHAP. On the thirteenth of October, 1777, it was moved 1777. XXVI. that the sum to be paid by each state into the Nov. treasury should be ascertained by the value of all property within each state. This was promptly negatived, and was followed by a motion having for its object to exempt slaves from taxation altogether. On the following day, eleven states were present. The four of New England voted in the negative; Maryland, Virginia, and the two Carolinas in the affirmative. The decision remained with the central states. Robert Morris of Pennsylvania against Roberdeau, and Duer of New York against Duane, voted with the south, and so the votes of their states were divided and lost. The decision rested on New Jersey, and she gave it for the complete exemption from taxation of all property in slaves. This is the first important division between the slaveholding states and the states where slavery was of little account. The rule for appor tioning the revenue as finally adopted, was the respective value of land granted or surveyed, and the buildings and improvements thereon, without regard to personal property or numbers. This alone rendered the confederacy nugatory; for congress had not power to make the valuation. In like manner the rules for navigation were to be established exclusively by each separate state, and the confederation did not take to itself power to countervail the restrictions of foreign governments, or to form agreements of reciprocity, or even to establish uniformity. These arrangements suited the opinions of the time; the legislature of New Jersey, vexed by the control of New York |