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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Sir, Philadelphia 2d, April 1781
It is a long Time since I have been honored with any Commands from your Excellency, which makes me impatient to know the Result of my last Application. Inclosed is an official Account of a late Action between General Greene and Lord Cornwallis. Had the North Carolina Militia behaved well, General Greene's Success must have been brilliant. We lost four Pieces of Artillery, the whole that were in the Field.
The British Fleet, on the Twenty sixth of March past, were in the Chesepeak, having been joined with a Number of Transports, supposed from New York, as General Phillip's Command, consisting of about two Thousand, had, some Time since, em[b]arked. Every Circumstance indicates a vigorous Campaign in the Southern States. We are not in the best Situation to oppose the British Efforts. The great Departments are very deficient in Supplies of every kind, & public Credit will not answer as a Substitute for Money. There are two Obsticles to that Energy and Vigor wch. are absolutely necessary in the United States. In the first Place, the United States have not vested Congress, or any other Body, with the Power of calling out effectually the Resources of each State. The Articles of Confediration give only the Power of apportioning. Compliance in the respective States is generally slow, and in many Instances does not take Place. The Consequence is Disappointment, & may be fatal. In the second Place, an extreme, tho' perhaps well meant Jealousey, in many Members of Congress, especially those of a long standing, seems to frustrate every Attempt to introduce a more efficacious System. Prudent Caution against the Abuse of Power, is very requisite for supporting the Principles of republican Governments; but when that Caution is carried too far, the Event may, and probably will prove alarming. We have Experienced a recent Instance of political Diffidance. Mr. Robert Morris of this City has been chosen Financeer. Previous to his final Acceptance, he insisted upon the Power of removing from Office, all Persons entrusted with the expenditure of public Money, for Abuse, Fraud &c. without being answerable, except to the Party injured in the Courts of Law. Without this Authority, he despaired of introducing ceconomy, so esentially important at this critical Situation. A Majority decided against the Proposition.(1) The Consequence is, we are replunged into our old Situation, so agreable to some Gentlemen, and I fear, shall
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Portrait of
James M. Varnum
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not be able to effect a Reformation in Point of Revinew, & Expenditure, wch. some Time since, many of us hoped, & firmly expected. Sentiments of this gloomy Cast may appear, Sir, to some, as the Result of a fickle, or envious Disposition; But belive me, I should be silent upon such Topicks, if I was not apprehensive of the most serious Consequences. My Duty, or a mistaken Idea of it, obliges me to hazard a Conjecture, That the Time is not far distant when the present American Congress will be dissolved, or laid aside as Useless, unless a Change of Measures shall render their Authority more respectable.(2) Our Time is consumed in trifling executive Business, while Objects of the greatest Magnitude are postponed, or rejected as subversive in their Nature, of democratical Liberty. If political & civil Liberty can be enjoyed amidst the Din of Arms, in their utmost platonic Extent, I confess my own Ideas are perfectly wrong; but if the kind of Government sufficiently energetic to obtain the Objects of Peace when free from Invasion, is too feeble to rase & support Armies, fight Battles and obtain compleat Victory, I know of but one eligible Resort in the Power of the United States. That is to form a Convention,(3) not composed of Members of Congress, especially those whose political Sentiments have become interwoven with their Habits, from a long Train of thinking in the same Way. It should be the Business of this Convention to revise & refraim the Articles of Confediration, To define the aggregate Powers of the United States in Congress assembled, fix the Executive Departments, and ascertain their Authorities. Many other Matters, subservient to these general Ideas Would come before them, and their Powers should be extensive in Point of Ratification; But the System to be by them adopted should, expire at a given or limitted Time. This Plan, if rational & necessary, must be recommended by the Legislature of some one State, or the same Policy which I have mentioned, will prevent a Recommendation taking Place in Congress. It would probably affect some Gentlemen in a Tender Point, as having been in Congress more than three Years, they might be deemed unqualified Members, wch. offends them extremely when even hinted, altho' the Articles of Confederation are very clear upon that head.
By all Accounts, the French Squadron had greatly the Advantage in the late Action off Chesepeak, altho' the British were one hundred & thirty eight Guns superior in Number.
I have the Honor of being, with great Respect, your Excellency's most obedt. humble Servt. J M Varnum
RC (R-Ar: Letters to Governors).
1 See JCC, 19:290-91, 337-38; and William C. Houston to Thomas McKean, March 31, 1781, note 2.
2 For Varnum's role in the movement to strengthen the power of Congress, see Varnum to Greene, March 16, 1781, note 3.
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3 Varnum's call for a "convention" to revise the Articles of Confederation was among the earliest known proposals for this avenue of constitutional reform. For a similar, previous proposal by Alexander Hamilton, see Hamilton, Papers (Syrett), 2:407.
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