Antifederalist No. 22

ARTICLES OF CONFEDERATION SIMPLY REQUIRES AMENDMENTS, 
PARTICULARLY FOR COMMERCIAL POWER AND JUDICIAL POWER; 
CONSTITUTION GOES TOO FAR 



Benjamin Austin of Massachusetts, used the pen-name "CANDIDUS."  
Taken from two letters by "Candidus" which appeared in the 
[Boston] Independent Chronicle, December 6 and 20, 1787. 



    .... Many people are sanguine for the Constitution, because 
they apprehend our commerce will be benefited.  I would advise 
those persons to distinguish between the evils that arise from 
extraneous causes and our private imprudencies, and those that 
arise from our government.  It does not appear that the 
embarrassments of our trade will be removed by the adoption of 
this Constitution.  The powers of Europe do not lay any 
extraordinary duties on our oil, fish, or tobacco, because of our 
government; neither do they discourage our ship building on this 
account.  I would ask what motive would induce Britain to repeal 
the duties on our oil, or France on our fish, if we should adopt 
the proposed Constitution?  Those nations laid these duties to 
promote their own fishery, etc., and let us adopt what mode of 
government we please, they will pursue their own politics 
respecting our imports and exports, unless we can check them by 
some commercial regulations. 
    But it may be said, that such commercial regulations will 
take place after we have adopted the Constitution, and that the 
northern states would then become carriers for the southern.  The 
great question then is, whether it is necessary in order to 
obtain these purposes, for every state to give up their whole 
power of legislation and taxation, and become an unwieldy 
republic, when it is probable the important object of our 
commerce could be effected by a uniform navigation act, giving 
Congress full power to regulate the whole commerce of the States?  
This power Congress have often said was sufficient to answer all 
their purposes.  The circular letter from the Boston merchants 
and others, was urgent on this subject.  Also the navigation act 
of this state [Massachusetts], was adopted upon similar 
principles, and . . . was declared by our Minister in England, to 
be the most effectual plan to promote our navigation, provided it 
had been adopted by the whole confederacy. 
    But it may be said, this regulation of commerce, without 
energy to enforce a compliance, is quite ideal.  Coercion with 
some persons seems the principal object, but I believe we have 
more to expect from the affections of the people, than from an 
armed body of men.  Provided a uniform commercial system was 
adopted, and each State felt its agreeable operations, we should 
have but little occasion to exercise force.  But however, as 
power is thought necessary to raise an army, if required, to 
carry into effect any federal measure, I am willing to place it, 
where it is likely to be used with the utmost caution.  This 
power I am willing to place among the confederated States, to be 
exercised when two thirds of them in their legislative capacities 
shall say the common good requires it.  But to trust this power 
in the hands of a few men delegated for two, four and six years, 
is complimenting the ambition of human nature too highly, to risk 
the tranquility of these States on their absolute determination.  
Certain characters now on the stage, we have reason to venerate, 
but though this country is now blessed with a Washington, 
Franklin, Hancock and Adams, yet posterity may have reason to rue 
the day when their political welfare depends on the decision of 
men who may fill the places of these worthies.... 
    The advocates for the Constitution, have always assumed an 
advantage by saying, that their opposers have never offered any 
plan as a substitute; the following outlines are therefore 
submitted, not as originating from an individual, but as copied 
from former resolutions of Congress, and united with some parts 
of the Constitution proposed by the respectable convention.  This 
being the case, I presume it will not be invalidated by the cant 
term of antifederalism. 
         lst.  That the Legislature of each state, empower 
Congress to frame a navigation act, to operate uniformly 
throughout the states; receiving to Congress all necessary powers 
to regulate our commerce with foreign nations, and among the 
several states, and with the Indian tribes.  The revenue arising 
from the impost to be subject to their appropriations, "to enable 
them to fulfill their public engagements with foreign creditors." 
    2nd.  That the Legislature of each state, instruct their 
delegates in Congress, to frame a treaty of AMITY for the 
purposes of discharging each state's proportion of the public 
debt, either foreign or domestic, and to enforce (if necessary) 
their immediate payment.  Each state obligating themselves in the 
treaty of amity, to furnish (whenever required by Congress) a 
proportionate number of the Militia who are ever to be well 
organized and disciplined, for the purposes of repelling any 
invasion; suppressing any insurrection; or reducing any 
delinquent state within the confederacy, to a compliance with the 
federal treaty of commerce and amity.  Such assistance to be 
furnished by the Supreme Executive of each state, on the 
application of Congress. The troops in cases of invasion to be 
under the command of the Supreme Executive of the state 
immediately in danger; but in cases of insurrection, and when 
employed against any delinquent state in the confederacy, the 
troops to be under the command of Congress. 
    3d. That such states as did not join the confederacy of 
commerce and amity, should be considered as aliens; and any goods 
brought from such state into any of the confederated states, 
together with their vessels, should be subject to heavy extra 
duties. 
    4th.  The treaty of amity, agreed to by the several states, 
should expressly declare that no State (without the consent of 
Congress) should enter into any treaty, alliances, or 
confederacy; grant letters of marque and reprisal; make anything 
but gold and silver coin a tender in payment of debts; pass any 
bill of attainder or ex post facto law, or impair the obligations 
of contracts; engage in war, or declare peace. 
    5th.  A Supreme Judicial Court to be constituted for the 
following federal purposes-to extend to all treaties made 
previous to, or which shall be made under the authority of the 
confederacy; all cases affecting Ambassadors, and other public 
Ministers and Consuls; controversies between two or more states; 
and between citizens of the same state claiming lands under 
grants of different states; to define and punish piracies, and 
felonies committed on the high seas, and offenses against the law 
of nations. 
    6th.  That it be recommended to Congress, that the said 
navigation act, and treaty of amity, be sent to the Legislatures 
(or people) of the several states, for their assenting to, and 
ratifying the same. 
    7th.  A regular statement and account of the receipts and 
expenditures, of all public monies, should be published from time 
to time. 
    The above plan it is humbly conceived-secures the internal 
government of the several states; promotes the commerce of the 
whole union; preserves a due degree of energy; lays restraints on 
aliens; secures the several states against invasions and 
insurrection by a MILITIA, rather than a STANDING ARMY; checks 
all ex post facto laws; cements the states by certain federal 
restrictions; confines the judiciary powers to national matters; 
and provides for the public information of receipts and 
expenditures. In a word, it places us in a complete federal 
state. 
    The resolves of Congress, 18th April, 1783, "recommends to 
the several States, to invest them with powers to levy for the 
use of the United States, certain duties upon goods, imported 
from any foreign port, island or plantation;" which measures is 
declared by them, "to be a system more free, from well founded 
exception, and is better calculated to receive the approbation of 
the several States, than any other, that the wisdom of Congress 
could devise; and if adopted, would enable them to fulfill their 
public engagements with their foreign creditors.". . . . 
    Should we adopt this plan, no extraordinary expenses would 
arise, and Congress having but one object to attend, every 
commercial regulation would be uniformly adopted; the duties of 
impost and excise, would operate equally throughout the states; 
our ship building and carrying trade, would claim their immediate 
attention; and in consequence thereof, our agriculture, trade and 
manufactures would revive and flourish. No acts of legislation, 
independent of this great business, would disaffect one State 
against the other; but the whole, . . . in one Federal System of 
commerce, would serve to remove all local attachments, and 
establish our navigation upon a most extensive basis.  The powers 
of Europe, would be alarmed at our Union, and would fear lest we 
should retaliate on them by laying restrictions on their 
trade.... 
    These states, by the blessing of Heaven, are now in a very 
tranquil state. This government, in particular, has produced an 
instance of ENERGY, in suppressing a late rebellion, which no 
absolute monarchy can boast.  And notwithstanding the 
insinuations of a "small party," who are ever branding the PEOPLE 
with the most opprobrious epithets-representing them as aiming to 
level all distinctions; emit paper money; encourage the 
rebellion-yet the present General Court, the voice of that body, 
whom they have endeavored to stigmatize, have steadily pursued 
measures foreign from the suggestions of such revilers. And the 
public credit has been constantly appreciating since the present 
Administration. 
    Let us then be cautious how we disturb this general harmony.  
Every exertion is now making, by the people, to discharge their 
taxes.  Industry and frugality prevail.  Our commerce is every 
day increasing by the enterprise of our merchants.  And above 
all, the PEOPLE of the several states are convinced of the 
necessity of adopting some Federal Commercial Plan.... 
                           CANDIDUS