The Diplomatic Correspondence of the American Revolution, Vol. 12
History
The Diplomatic Correspondence of the American Revolution, Vol. 12
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
The inattention of the States to the requisitions of the United
States, leaves Congress no choice between loans and military
collections. Whether they can obtain loans must depend upon other
people. They cannot obtain loans without credit, and they cannot have
credit without funds; and they cannot get funds without the
concurrence of the States. They must ask that concurrence before they
can obtain it, and they must determine on the funds before they can
ask. The making yearly requisitions of quotas to pay the interest of
public debts will not do. It is in itself a futile measure; but if it
were the best thing in the world, yet if those who are to lend do not
think so, there is an end of the matter. Now the fact is, that nobody
will lend upon the promise of such requisitions. And truly the
compliances made with those for carrying on the war, give very little
encouragement. It follows then, that Congress _must_ ask for
particular funds. They have asked for one, and it is not complied with
by two States out of thirteen. Shall Congress then adhere to the
demand; or shall they change their application? If they should change
it, could they expect that there would not then be one or two opposing
States? To answer the question let it be inquired, what objects of
taxation can be devised, to which exceptions cannot be made? Surely
there are none.
Let it be inquired next, whether there is any object so
unexceptionable as that which they have fixed upon? The answer is, no.
It follows then, that in changing the application, there would be less
prospect of success than at present. Congress then must adhere to
their requisitions; and if that fund be not granted, we cannot expect
loans. But it is demonstrated by experience, that we cannot get
sufficient taxes. We certainly cannot get rid of the war, and
therefore the people must have their property taken by force. The
necessity will justify this. But as I said before, who will justify
the necessity? Surely the authors of it should think of that in
season.
Will it be a sufficient justification, to say that the demand of
Congress is _unconstitutional_? If a thing be neither wrong nor
forbidden it must be admissible. Such a requisition is nowhere
forbidden, and therefore it is admissible if it be not wrong. Now it
cannot be wrong to do that which one is obliged to do, be the act what
it may. And Congress are obliged to make such requisitions. But
further it must be admitted, that they are not contrary to the moral
law. Supposing then, for argument's sake, that the thing asked for,
would if granted be contrary to the confederation. If so, the grant
would alter the confederation. But the grant is not to take effect
without general consent. The confederation was formed by general
consent, and by general consent it may be altered. The requisition,
therefore, if complied with, will by that very compliance become
constitutional.
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