In the exigencies of war, indeed, the history of its effects is but short; the final ratification having been delayed until the beginning of the year 1781. But however short, this period is distinguished by melancholy testimonies of its inability to maintain in harmony the social intercourse of the states, to defend Congress against encroachments on their rights, and to obtain, by requisitions, supplies to the federal treasury, or recruits to the federal armies. I shall not attempt an enumeration of the particular instances, but leave to your own remembrance, and the records of Congress the support of the assertions.
In the season of peace, too, not many years have elapsed; and yet each of them has produced fatal examples of delinquency, and sometimes of pointed opposition to federal duties. To the various remonstrances of Congress I appeal for a gloomy but unexaggerated narrative of the injuries which our faith, honor, and happiness, have sustained by the failure of the states.
But these evils are past; and some may be led by an honest zeal to conclude that they cannot be repeated. Yes, sir, they will be repeated as long as the Confederation exists, and will bring with them other mischiefs springing from the same source, which cannot yet be foreseen in their full array of terror.
If we examine the constitution and laws of the several states, it is immediately discovered that the law of nations is unprovided with sanctions in many cases which deeply affect public dignity and public justice. The letter, however, of the Confederation does not permit Congress to remedy these defects; and such an authority, although evidently deducible from its spirit, cannot without violation of the second article, be assumed. Is it not a political phenomenon, that the head of the confederacy should be doomed to be plunged into war, from its wretched impotency to check offences against this law, and sentenced to witness, in unavailing anguish, the infraction of their engagements to foreign sovereigns?
And yet this is not the only grievous point of weakness. After a war shall be inevitable, the requisitions of Congress for quotas of men or money will again prove unproductive and fallacious. Two causes will always conspire to this baneful consequence.
1. No government can be stable which hangs on human inclination alone, unbiased by coercion: and, 2, from the very connection between states bound to proportionate contributions, jealousies and suspicions naturally arise, which at least chill the ardor, if they do not excite the murmurs, of the whole. I do not forget, indeed, that, by one sudden impulse, our part of the American continent has been thrown into a military posture, and that, in the earlier annals of the war, our armies marched to the field on the mere recommendations of Congress. But ought we to argue, from a contest thus signalized by the magnitude of its stake, that, as often as a flame shall be hereafter kindled, the same enthusiasm will fill our legions, or renew them, as they may be thinned by losses?
If not, where shall we find protection? Impressions like those which prevent a compliance with requisitions of regular forces, will deprive the American republic of the services of militia. But let us suppose that they are attainable, and acknowledge, as I always shall, that they are the natural support of a free government. When it is remembered, that in their absence agriculture must languish; that they are not habituated to military exposures, and the rigor of military discipline; and that the necessity of holding in readiness successive detachments carries the expense far
