Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/282

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242
DECLINE AND FALL
[BOOK II.

tions of other countries, notwithstanding our boasts of freedom and independence. Congress had been long sensible of the fatal effects flowing from this source; but their efforts to ward off the mischiefs had been unsuccessful. Being invested by the articles of confederation with a limited power to form commercial treaties, they endeavoured to enter into treaties with foreign powers upon principles of reciprocity. But these negotiations were, as might be anticipated, unsuccessful, for the parties met upon very unequal terms. Foreign nations, and especially Great Britain, felt secure in the possession of their present command of our trade, and had not the least inducement to part with a single advantage. It was further pressed upon us, with a truth equally humiliating and undeniable, that congress possessed no effectual power to guaranty the faithful observance of any commercial regulations; and there must in such cases be reciprocal obligations.[1] "America (said Washington) must appear in a very contemptible point of view to those, with whom she was endeavouring to form commercial treaties, without possessing the means of carrying them into effect. They must see and feel, that the Union, or the states individually, are sovereign, as best suits their purposes. In a word, that we are a nation to-day, and thirteen to-morrow. Who will treat with us on such terms?"[2]

§ 262. The difficulty of enforcing even the obligations of the treaty of peace of 1783 was a most serious national evil. Great Britain made loud complaints of infractions thereof on the part of the several states, and
  1. 5 Marsh. Life of Wash. 71, 72, 73; 2 Pitk. Hist. 189, 190; 3 Amer. Museum, 62, 64, 65.
  2. 5 Marsh. Life of Wash. 73; North American Review, Oct. 1827, p. 257, 258; Atcheson's Coll. of Reports, p. 55.