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
TO THE PRESIDENT OF CONGRESS.
Office of Finance, March 8th, 1783.
Sir,
I received yesterday afternoon a report, which is to be considered on
Monday the 10th instant, and with it I received an order to transmit
my observations. The shortness of the time obliges me to ask
indulgence for deficiencies or inaccuracies. I have always believed
that Congress were disposed to do _justice_ to the public creditors,
and I shall presume that the _power_ of Congress will be exerted for
that purpose.
There appear, therefore, two principal points to be considered.
I. What justice requires; and,
II. What Congress have power to do.
To the first I answer. _Justice requires that the debt be paid._ The
_principles_ of justice require that from a government, which a
_court_ of justice exacts from an individual. Government have no right
to oblige creditors to commute their debts for anything else. Any
revenues, therefore, to be pledged for the restoration of public
credit must be such, that money may be borrowed on them to pay those
to whom it is due; any plan which falls short of that object will not
do justice. And no plan will embrace that object unless it be such
that under it individuals would prefer government security to any
other. In our particular situation it appears clear, that such public
creditor has a complete right to demand his whole debt from Congress,
and to name the terms on which he will forego it, and that Congress
have a similar right in regard to the States.
In order to determine on the second question, viz. the _power_ of
Congress, we must resort to the confederation. By the eighth article
it will appear, that Congress have a right to determine on the sum to
be paid by the States, and the time of payment; and that this sum is
to be paid by the States in proportion to their respective value, or
an estimation to be made in the mode to be appointed by Congress. It
is, therefore, in the _power_ of Congress to call for payment of the
whole debt by any day; such for instance as the 1st of January; and to
have a valuation made some previous day; such for instance as the 1st
of September. _The right of Congress is perfect, and the duty to pay
absolute._ It appears necessary that this power be exerted in the most
_decisive form_, and that whatever _general plan_ of finance may be
adopted, the concurrence of each State in such plan should be admitted
_as an alternative_ for not paying her apportioned quota of the whole
debt. My reasons are these.
1st. It will not be believed, that Congress have no power to do
justice until the power which they have is exerted.
2dly. The public creditors have a right to expect that exertion.
3dly. Until it be made, a compliance with the demands of Congress will
be considered by the States as a matter of favor and not of right.
4thly. Congress having a right to the whole money, it follows that
they have the _exclusive_ right to name those precise terms on which
they will commute it.
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