Page:Debates in the Several State Conventions, v2.djvu/71

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King.]
MASSACHUSETTS.
55

remained silent. Sir, this is a very important clause, and of the highest consequence to the future fortune of the people of America. It is not my intention to go into any elaborate discussion of the subject. I shall only offer those considerations which have influenced my mind in favor of the article, in the hope that it may tend to reconcile gentlemen to it. It shall not be with a view of exhibiting any particular knowledge of mine; for such is not my intention. Hitherto we have considered the construction of the general government. We now come, sir, to the consideration of the powers with which that government shall be clothed. The introduction to this Constitution is in these words: "We, the people," &c. The language of the Confederation is, "We, the states," &c. The latter is a mere federal government of states. Those, therefore, that assemble under it, have no power to make laws to apply to the individuals of the states confederated; and the attempts to make laws for collective societies necessarily leave a discretion to comply with them or not. In no instance has there been so frequent deviation from first principles, as in the neglect or refusal to comply with the requisitions of general governments for the collection of moneys.

In the ancient governments, this has been the principal defect. In the United Provinces of the Netherlands, it has been conspicuously so. A celebrated political writer—I mean John Dewitt, formerly pensioner of Holland—said that, in the confederacy of 1570, though the articles were declared equally binding on the several provinces, yet any one had it in its power to comply with the requisitions of the generality or not; and some provinces, taking advantage of this discretionary power, never paid any thing. During forty years of war with Spain, the province of Holland paid fifty-eight parts of a hundred of all the expenses thereof. Two or three of the provinces never so much as passed a resolution to pay any thing; and Dewitt says that two of them paid not a single guilder. What was the consequence? In one instance, Holland compelled a neighboring province to comply with the requisitions, by marching a force into it. This was a great instance of usurpation, made in the time of a war. The Prince of Orange, and the generality, found that they could not continue the war in this manner. What was to be done? They were obliged to resort to the ex-