pledge the public faith; but they were incapable of redeeming it. They could enter into treaties; but every state in the union might disobey them with impunity. They could contract alliances; but could not command men or money to give them vigour. They could institute courts for piracies and felonies on the high seas; but they had no means to pay either the judges, or the jurors. In short, all powers, which did not execute themselves, were at the mercy of the states, and might be trampled upon at will with impunity.
§ 246. One of our leading writers addressed the following strong language to the public:[1] "By this political compact the United States in congress have exclusive power for the following purposes, without being able to execute one of them. They may make and conclude treaties; but can only recommend the observance of them. They may appoint ambassadors; but cannot defray even the expenses of their tables. They may borrow money in their own name on the faith of the Union; but cannot pay a dollar. They may coin money; but they cannot purchase an ounce of bullion. They may make war, and determine what number of troops are necessary; but cannot raise a single soldier. In short, they may declare every thing, but do nothing."[2]
§ 247. Strong as this language may seem, it has no colouring beyond what the naked truth would justify.[3]- ↑ 1 Amer. Mus. 1786, p. 270.
- ↑ Language equally strong, and almost identical in expression, will be found in Mr. Jay's Letter, addressed to the people of New-York, 1787; 3 Amer. Museum, 554, 556.
- ↑ Mr. Justice Patterson, in Hylton v. The United States,[a 1] after remarking, that congress, under the confederation, had no coercive author-
- ↑ 3 Dall. 176; 1 Cond. Rep. 83, 88.
