power is wanting to institute such a government; but when our all is at stake, I will consent to any mode that will pre- serve us. View our present deplorable situation. France, to whom we are indebted in every motive of gratitude and honor, is left unpaid the large sums she has supplied us with in the day of our necessity. Our officers and soldiers, who have successfully fought our battles, and the loaners of money to the public, look up to you for relief.
The bravery of our troops is degraded by the weakness of our government.
It has been contended that the 5th article of the Confederation cannot be repealed under the powers to new-modify the Confederation by the 13th article. This surely is false reasoning; since the whole of the Confederation, upon revision, is subject to amendment and alteration; besides, our business consists in recommending a system of government, not in making it. There are great reasons when persons with limited powers are justified in exceeding them, and a person would be contemptible not to risk it. Originally, our Confederation was founded on the weakness of each state to repel a foreign enemy; and we have found that the powers granted to Congress are insufficient. The body of Congress is ineffectual to carry the great objects of safety and protection into execution. What would their powers be over the commander of the military, but for the virtue of the commander? As the state assemblies are constantly encroaching on the powers of Congress, the Jersey plan would rather encourage such encroachment than be a check to it; and, from the nature of the institution, Congress would ever be governed by cabal and intrigue. They are, besides, too numerous for an executive; nor can any additional powers be sufficient to enable them to protect us against foreign invasion. Amongst other things, Congress was intended to be a body to preserve peace among the states; and, in the rebellion of Massachusetts, it was found they were not authorized to use the troops of the Confederation to quell it. Every one is impressed with the idea of a general regulation of trade and commerce. Can Congress do this, when, from the nature of their institution, they are so subject to cabal and intrigue? And would it not be dangerous to intrust such a body with the power, when they are dreaded on these grounds? I am certain that a national
