History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
That assent was not likely to be given, so as to become effectual for
the purposes for which it had been asked. The action of the States was
found, in the spring of 1786, to present a mass of incongruities, which
rendered the whole scheme of thus increasing the federal powers almost
hopeless. Four of the States had passed laws, conforming substantially
to the recommendations of Congress, but restraining their operation
until the other States should have complied.[289] Three of the States
had passed the requisite acts, and had fixed different periods at which
they were to take effect.[290] One State had granted full powers to
regulate its trade, by restrictions or duties, for fifteen years, with a
proviso that the law should be suspended until all the other States had
done the same.[291] Another State had granted power, for twenty-five
years, to regulate trade between the respective States, and to prohibit
or regulate the importation only of foreign goods in foreign vessels,
but restricting the operation of the act until the other States had
passed similar laws.[292] Still another State had granted powers like
the last, but without limitation of time, and with the proviso that,
when all the other States had made the same grants, it should become an
Article of the Confederation.[293] The three remaining States had passed
no act upon the subject.[294] Upon these conflicting and irreconcilable
provisions, Congress could take no other action, than to call the
attention of the States again to the original proposal, and request them
to revise their laws.[295]
While this discordant legislation was manifesting at home the entire
impracticability of amending the Federal Constitution by means of the
separate action of the State legislatures, the commissioners abroad were
engaged in efforts, nearly as fruitless, to negotiate the treaties which
they had been instructed to make. The commission was opened at Paris on
the 13th of August, 1784, and its objects announced to the different
governments. France was not disposed to change the existing relations.
England perceived the real want of power in the federal government, and
recognized nothing in the commission but the fact that it had been
issued by Congress, while the separate States had conferred no powers
upon either Congress or the commissioners.[296] Prussia alone entered
into a treaty, upon some of the principles laid down in the commission,
and soon after it was executed, the commissioners ceased to do any thing
whatever.[297]
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