That they cannot find that the three other States-namely, Delaware, South Carolina, and Georgia-have passed any laws in consequence of the recommendations.

The result is, that four States have fully complied; three others have also complied, but have determined the time of commencement, so that there will be a dissimilarity in the duration of the power granted; that three other States have passed laws in pursuance of the recommendations, but so inconsonant to them, both in letter and spirit, that they cannot be deemed compliances; and that three other States have passed no acts whatever.

That, although the powers to be vested by the recommendations do not embrace every object which may be necessary in a well-formed system, yet, as many beneficial effects may be expected from them, the committee think it the duty of Congress again to call the attention of the States to this subject, the longer delay of which must be attended with very great evils. Whereupon,

Resolved, That the recommendations of the 30th April, 1784, be again presented to the view of the States of Delaware, South Carolina, and Georgia, and that they be most earnestly called upon to grant powers conformable thereto.

Resolved, That the States of New Hampshire, Rhode Island, and North Carolina, be solicited to reconsider their acts, and to make them agreeable to the recommendations of the 30th April, 1784.

Resolved, That the time for which the power under the recommendations of the 30th April, 1784, is to continue, ought to commence on the day that Congress shall begin to exercise it; and that it be recommended to the States of Pennsylvania, Connecticut, and Maryland, to amend their acts accordingly.

7. IN THE CONGRESS OF THE CONFEDERATION.

MONDAY, OCTOBER 23, 1786.

The committee, consisting of Mr. Pinckney, Mr. Smith, and Mr. Henry, to whom was referred an act of the Legislature of the State of Georgia, passed in consequence of the resolutions of the 30th April, 1784, respecting commerce, and the subject of the said recommendation, having reported

"That it appears, by the said resolutions, the United States in Congress assembled recommended to the legislatures of the several States to vest them, for the term of fifteen years, with powers to prohibit any goods, wares, or merchandise, from being imported into, or exported

from, any of the States, in vessels belonging to, or navigated by, the subjects of any power with whom these States shall not have formed treaties of commerce; that they also recommended to the legislatures of the said States to vest the United States in Congress assembled, for the term of fifteen years, with the power of prohibiting the subjects of any foreign state, kingdom, or empire, unless authorized by treaty, from importing into the United States any goods, wares, or merchandise, which are not the produce or manufacture of the dominions of the sovereign whose subjects they are: provided, that to all acts of the United States in Congress assembled, in pursuance of the above powers, the assent of nine States shall be necessary. The committee have carefully examined the acts passed by the several States, in pursuance of the above recommendation, and find that the State of Delaware has passed an act in full compliance with the same; that the acts of the States of Massachusetts, Rhode Island, New York, New Jersey, Virginia, and Georgia, are in conformity to the said recommendation, but restrained in their operation until the other States should have granted powers equally extensive; that the States of Connecticut, Pennsylvania, and Maryland, have passed laws agreeable to the said resolution, but have fixed the time at which the powers thereby invested shall begin to operate, and not left the same to commence at the time at which Congress shall begin to exercise it, which your committee conceive to have been the intention of the same; that South Carolina, by an act passed the 11th March, 1786, has invested the United States in Congress assembled with the power of regulating the trade of the United States with the West Indies, and all other external or foreign trade of the said States, for the term of fifteen years from the passing of the said act; that New Hampshire, by their act of the 23d of June, 1785, invested the United States in Congress assembled with the full power of regulating trade for fifteen years, by restrictions or duties, with a proviso suspending its operation until all the other States shall have done the same; that North Carolina, by their act of the 2d of June, 1784, has authorized their delegates to agree to and ratify an article or articles by which Congress shall be empowered to prohibit the importation of all foreign goods, in any other than vessels owned by citizens of the United States, or navigated by such a proportion of seamen, citizens of the United States, as may be agreed to by Congress, which, when agreed to by all the States, shall be considered as a part of the Articles of Confederation and perpetual Union. From the above review of the acts passed by the several States in consequence of the said recommendation, it appears that, though, in order to make the duration of the

powers equal, it will be necessary for the States of Connecticut, Pennsylvania, Maryland, and South Carolina, so far to amend their acts as to permit the authorities therein granted to commence their operation at the time Congress shall begin to exercise them; yet still the powers granted by them and by the States of Massachusetts, Rhode Island, New York, New Jersey, Delaware, Virginia, and Georgia, are otherwise in such compliance with the recommendation, that, if the States of New Hampshire and North Carolina had conformed their acts to the said resolution, agreeable to the urgent recommendation of Congress of the 3d of March last, the powers therein requested might immediately begin to operate. The committee, however, are of opinion that the acts of the States of New Hampshire and North Carolina manifest so liberal a disposition to grant the necessary powers upon this subject, that their not having complied with the recommendation of March last must be attributed to other reasons than a disinclination in them to adopt measures similar to those of their sister States. The committee, therefore, conceive it unnecessary to detail to them the situation of our commerce, languishing under the most ruinous restrictions in foreign ports, or the benefits which must arise from the due and equal use of powers competent to its protection and support, by that body which can alone beneficially, safely, and effectually exercise the same." Whereupon,

Resolved, That it be again earnestly recommended to the Legislatures of the States of New Hampshire and North Carolina, at their next session, to reconsider their acts, and pass them in such conformity with the resolutions of the 30th April, 1784, as to enable, on their part, the United States in Congress assembled to exercise the powers thereby invested, as soon as possible.

Resolved, That, as the extent and duration of the powers to be exercised by the United States in Congress assembled, under the recommendation above mentioned, ought to be equal, it be recommended to the Legislatures of Connecticut, Pennsylvania, Maryland, and South Carolina, so far to amend their acts as to vest the powers therein contained for the term of fifteen years from the day on which Congress shall begin to exercise the same.

8. REMARKS ON PROCEEDINGS WHICH IMMEDIATELY LED TO THE FORMATION OF THE CONSTITUTION OF THE UNITED STATES.

These extracts show the final efforts made by the Congress of the Confederation to obtain from the States an increase of power for the purposes

apparent in these proceedings. These exertions of the friends of liberty and the Union having proved unsuccessful, and having completely disclosed the incompetency of the Confederation to provide for the credit and the wants of the country, or to fulfil the duties and obligations of a general government, manifested the necessity for that radical change in the system, under whose powerful and benign influence the United States have arrived at their present condition of strength, prosperity, and happiness.

The active measures which immediately led to the accomplishment of this momentous object, appear to have commenced under the lead of the Commonwealth of Virginia, and through the patriotic zeal and sagacity of her eminent statesmen: justice, however, to the great State of New York, and to the distinguished individuals who, at that day, guided her councils, demands the insertion of the proceedings, which, it will be perceived, took place more than three years before those in Virginia, and point more clearly and directly to the necessity for adopting the present form of government than the resolutions of Virginia. The ostensible object of the latter appearing to have been, to vest the Congress of the Confederation with the power of regulating the general trade and commerce of the country. The act of Virginia, however, led to the meeting of the commissioners of several States at Annapolis, who, being thus assembled, availed themselves of the idea adopted by the State of New Jersey, and incorporated in the commissions to her deputies inserted in this chapter, "extending the powers of their deputies to other objects than those of commerce," being "an improvement on the original plan, and will deserve to be incorporated into that of a future convention," &c.

These facts prove, that the credit of producing the vital change in the government, which gave being to our glorious Constitution, does not belong to any particular State or individual, but resulted from the widespread conviction of the wise and honest men, and true patriots with whom the country was blessed at that critical and eventful period in its history, which will, no doubt, become more apparent on the completion of the fifth and sixth series of Colonel Force's documentary history of the Revolution.

The proceedings in New York, appearing to have been consequent upon the condition of affairs as indicated in a previous resolution of Congress, and responsive to it, the insertion of that resolution previous to those proceedings, appears necessary to its proper understanding.

9. IN THE CONGRESS OF THE CONFEDERATION.

WEDNESDAY, MAY 22, 1782.

On the report of a committee, consisting of Mr. Madison, Mr. Root, Mr. Lowell, Mr. Rutledge, and Mr. Clymer, to whom was referred a letter of the 17th, from the superintendent of finance, and who were instructed to confer with the said superintendent:

Resolved, That Mr. Rutledge and Mr. Clymer be appointed to repair forthwith to the several States southward of this, and Mr. Montgomery and Mr. Root to the States eastward; and that they be, and hereby are instructed to make such representations to the several States, as are best adapted to their respective circumstances and the present situation of public affairs, and as may induce them to carry the requisitions of Congress into effect with the greatest despatch: that they make the like representations to the State of Pennsylvania, before they leave this city, (Philadelphia:) that previous to their departure, they confer with the superintendent of finance, the secretary of war, and the secretary for foreign affairs, who are hereby directed to communicate to them such information from their respective departments as may be most conducive to the end proposed.

10. IN THE HOUSE OF ASSEMBLY OF THE STATE OF NEW YORK.

SUNDAY, JULY 21, 1782.

George Clinton, esq., Governor.

A copy of certain resolutions of the honorable the Senate, delivered by Mr. Paine, were read, and committed to a committee of the whole house, to be taken into consideration with the message of the honorable the Senate, of the 19th inst., on the state of the nation.

The house then resolved itself into a committee of the whole House, on the said resolutions, and the subject of the said message; and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Clark, from the said committee, reported, that the committee had gone through the said resolutions without amendment, which he was directed to report to the House; and he delivered the said resolutions in at the table, where the same were again read, and in the words following, to wit, viz:

Resolved, That it appears to this Legislature, after full and solemn consideration of the several matters communicated by the hon. the committee of Congress, relating to the present posture of our affairs, foreign and domestic, and contained in a letter from the secretary for foreign affairs respecting the former, as well as of the representations from time to time made by the superintendent of the finances of the United States, relative to his particular department-that the situation of these States is in a peculiar manner critical, and affords the strongest reason to apprehend, from a continuance of the present Constitution of the Continental Government, a subversion of public credit, and consequences highly dangerous to the safety and independence of these States.