Union and Democracy | Page 3

in A Shorter
Catechism. "Dependence upon nothing" was the cynical answer. In
many States the popular discontent found vent in a vindictive crusade
against the Tories. Even sober-minded citizens shared the general
detestation of these unfortunate people. In the heat of war Washington
had declared them to be "abominable pests of society" who ought to be
hanged as traitors. The States had quite generally confiscated their
property and in some cases had passed acts of attainder against them. In
communities like New York, which had long remained in the hands of
the British, the popular animosity was exceedingly bitter. To aid those
citizens who had been dispossessed of their estates, the legislature
passed the Trespass Act, which permitted suits for the recovery of
property that had passed into the hands of the enemy upon the flight of

the owners. The terms of the act were in flat contradiction to the treaty
of peace. Further to aid claimants, it was provided that no military
order could be pleaded in court in justification of the seizure of
property.
In a famous case brought before the Mayor's Court of New York by the
widow Rutgers to recover her property from Joshua Waddington, a
wealthy Tory, Alexander Hamilton appeared as counsel for the
defendant. It was a daring act which brought down upon him the
unmitigated wrath of the radical elements. Nevertheless, in an opinion
which has considerable interest for students of constitutional law, the
court ruled that the Trespass Act, "by a reasonable interpretation," must
be construed in harmony with the treaty of peace, which was obligatory
upon every State. It was not to be presumed that the legislature would
intentionally violate the law of nations. The judgment of the court
therefore, was in favor of the defendant. With chagrin and resentment
the popular party declared that the court had set aside a law of the State
and had presumed to set itself above the legislature. Wherever the
radicals got the upper hand, confiscation was the order of the day; and
even where the conservatives succeeded in restraining their radical
brethren from legislative reprisals, no Tory was safe from the assaults
of irresponsible mobs. Thousands took refuge in flight, to the infinite
delight of the wits in the coffee-houses who jested of the
"Independence Fever" which was carrying off so many worthy people.
Financially the Confederation was hopelessly embarrassed. Having
sowed the wind by its issues of bills of credit, it was now reaping the
whirlwind. By the end of the war this paper money had so far
depreciated that it ceased to pass as currency. "Not worth a continental"
has passed into our native idiom. Without power to levy taxes,
Congress could only make requisitions upon the States. The returns
were pitifully inadequate to the needs of government. All told, less than
a million and a half of dollars came into the treasury between 1781 and
1784, although Morris, as Superintendent of Finance, had earnestly
besought the governors of the States for two millions for the year 1783
alone, in order to meet outstanding obligations and current expenses.
Without foreign and domestic loans the war could never have been

carried to a successful conclusion; but in 1783 even that source was
drained. In sheer desperation Congress authorized the Superintendent
of Finance to draw bills of exchange, at his discretion, upon the credit
of loans which were to be procured in Europe. In vain Morris warned
Congress that no more loans could be secured. "Our public credit is
gone," he declared.
The obvious remedy for the financial ills of the Confederation was to
give Congress the power to levy taxes. Early in 1781, indeed, before
the Articles of Confederation had been ratified by Maryland, the
proposal had been made that Congress should be vested with power to
levy a five per cent duty on imports; but the obstinate opposition of
Rhode Island effectually blocked the amendment. "She considered it
the most precious jewel of sovereignty that no State be called upon to
open its purse but by the authority of the State and by her own
officers." Again, in 1783, Congress submitted to the States an
amendment which would confer upon it the power to place specific
duties for a term of twenty-five years upon certain classes of imported
commodities. The tardy response of the States to this proposal left little
hope that it would be adopted.
In fact, the Confederation and its woes hardly occupied the thoughts of
the people at all, except as a subject for jest and ridicule. The
newspapers made merry over the peregrinations of Congress.
Frightened away from Philadelphia by the riotous conduct of some
troops of the Pennsylvania line, who had imbibed too freely, the
delegates had withdrawn first to Princeton and then to Annapolis.
Thither Washington repaired to