Page:Nature and Character of our Federal Government.djvu/42

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TRUE NATURE AND CHARACTER OF

the States. Congress were allowed to issue bills of credit, but they could not make them a legal tender, nor punish the counterfeiter of them. Neither could they bind the States to redeem them, nor raise by their own authority the necessary funds for that purpose. Congress received ambassadors and other public ministers, yet they had no power to extend to them that protection which they receive from the government of every sovereign nation. A man by the name of De Longchamps entered the house of the French minister plenipotentiary in Philadelphia, and there threatened violence to the person of Francis Barbe Marbois, secretary of the French legation, consul general of France, and consul for the state of Pennsylvania; he afterwards assaulted and beat him in the public street. For this offence, he was indicted and tried in the court of Oyer and Terminer of Philadelphia, and punished under its sentence. The case turned chiefly upon the law of nations, with reference to the protection which it secures to foreign ministers. A question was made, whether the authorities of Pennsylvania should not deliver up De Longchamps to the French government to be dealt with at their pleasure. It does not appear that the federal government was considered to possess any power over the subject, or that it was deemed proper to invoke its counsel or authority in any form. This case occurred in 1784, after the adoption of the articles of confederation; but if the powers of the federal government were less under those articles than before, it only proves that, however great its previous powers may have been, they were held at the will of the States, and were actually recalled by the articles of confederation. Thus it appears that, in the important functions of raising an army, of providing a public revenue, of paying public debts, and giving security to the persons of foreign ministers, the boasted "sovereignty" of the federal government was merely nominal, and owed its entire [ *33 ]*efficiency to the co-operation and aid of the State governments. Congress had no power to coerce those governments; nor could it exercise any direct authority over their individual citizens.

Although the powers actually assumed and exercised by congress were certainly very great, they were not always acquiesced in, or allowed, by the States. Thus, the power to lay an em-