19I2-] OF THE UNITED STATES. 331 



The situation was intensified by the fact that Great Britain had re- 

 fused to surrender the posts along the western frontier, and had 

 supported her refusal by alleging the treatment of British creditors 

 contrary to the provisions of the treaty. The diplomatic efforts of 

 John Adams as minister to Great Britain to secure an evacuation of 

 these posts, and a treaty of commerce, were rendered abortive and 

 even pathetic by the ever fatal demonstration that whatever the Con- 

 federation might do, the several States would undo.^''" Said The 

 Federalist: 



" The treaties of the United States, under the present confederation, are 

 liable to the infraction of thirteen different legislatures and as many different 

 courts of final jurisdiction, acting under the authority of these legislatures. 

 The faith, the reputation, the peace of the whole Union, are thus continually 

 at the mercy of the prejudices, the passions and the interests of every 

 member, of which these are composed. Is it possible, under such circum- 

 stances, that the people of America will longer consent to trust their honor, 

 their happiness, their safety, on so precarious a foundation.""""'' 



Washington's well-known words, quoted in his life by Marshall, ex- 

 pressed a recognition of the conditions : Foreign nations, he said, 

 with whom we wish to enter into treaty, 



" must see and feel that the Union, or the States individually, are sovereign 

 as best suits their purposes : — in a word, we are a nation to-day, and thirteen 

 to-morrow. Who will treat with us on such terms?'""' 



In the debates in the Federal Convention, Madison in objecting to 

 the New Jersey plan said : 



"Will it prevent those violations of the law of nations and of treaties 

 which if not prevented must involve us in the calamities of foreign wars? 

 The tendency of the States to these violations has been manifested in sundry 

 instances. The files of Congress contain complaints already, from almost 

 every nation with which treaties have been formed. Hitherto indulgence has 

 been shown to us. This cannot be the permanent disposition of foreign 

 nations. A rupture with other powers is among the greatest of national 

 calamities. It ought therefore to be effectually provided that no part of the 

 nation shall have it in its power to bring them on the whole. The existing 

 confederacy does (not) sufficiently provide against this evil. The proposed 

 amendment to it does not supply the omission. It leaves the will of the 

 States as uncontrouled as ever."^'" 



'^ Ibid., Vol. I., Chap. HI. 



'"^ The Federalist, No. 22. . 



"''Marshall's "Life of Washington," ist Ed., Vol. V., Chap. 2, p. 7Z- 



"' Farrand, Vol. I., p. 316. 



