Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/273

This page has been proofread, but needs to be validated.
CH. IV.]
OF THE CONFEDERATION.
233

evils resulting from this source, even during the revolutionary war, were of incalculable extent;[1] and, but for the good fortune of congress in obtaining foreign loans, it is far from being certain, that they would no! have been fatal.[2] The principle, which formed the basis of the apportionment, was sufficiently objectionable, as it took a standard extremely unequal in its operation upon the different states. The value of its lands was by no means a just representative of the proportionate contributions, which each state ought to make towards the discharge of the common burthens.[3]

§ 254. But this consideration sinks into utter insignificance, in comparison with others. Requisitions were to be made upon thirteen independent states; and it depended upon the good will of the legislature of each state, whether it would comply at all; or if it did comply, at what time, and in what manner. The very tardiness of such an operation, in the ordinary course of things, was sufficient to involve the government in perpetual financial embarrassments, and to defeat many of its best measures, even when there was the utmost good faith and promptitude on the part of the states in complying with the requisitions. But many reasons concurred to produce a total want of promptitude on the part of the states, and, in numerous instances, a total disregard of the requisitions.[4] Indeed, from the moment, that the peace of 1783 secured the country from the distressing calamities of war, a general relaxa-
  1. 5 Marshall's Life of Washington, 55; 1 Amer. Museum, 449.
  2. 2 Pitk. Hist. 158, 159, 160, 163; 1 Tucker's Black. Comm. App. 237, 243 to 246; 1 U.S. Laws, 37, 54.
  3. The Federalist, No. 21, 30.
  4. 2 Pitk. Hist. 156, 157. See also Remarks of Patterson J. in Hylton v. United States, 3 Dall. 171; 1 Elliot's Debates, 206; The Federalist No. 21, 31; 3 Dall. 171, 178.

vol. i.30