Page:Republican Court by Rufus Griswold.djvu/59

the proportions of taxes to be paid by the several states for prosecuting the war, each by its own legislature was to lay and levy these taxes, thus merely declared by Congress, which possessed no power of coercing their payment by distress or otherwise.

As to the Congress, each state might send its delegates, not less than three nor more than seven, chosen annually, with a power of recall, at any time, and the right to substitute others: each state had one vote in the Congress.

The powers of Congress were such only as were necessary for carrying on the contest. Thus, to this body belonged exclusively the right to make war or peace, to receive ambassadors, to contract foreign alliances, to make treaties, provided that no commercial treaty should abridge the power of the state legislatures to impose upon foreigners such imposts and duties as their own people were subject to, or to enforce an absolute prohibition, if they saw fit, of the import or export of any species whatever of goods and commodities. They had power also to commission all field officers above the rank of colonel, to determine what number of land forces was necessary, and to make requisitions on each state for its proportion; and they might issue letters of marque, and build and equip a navy.

There were other powers, but this enumeration will serve to show the relative general position of the Congress and the states; and it will be seen that in the two great elements for prosecuting a war, men and money, as to the first. Congress could do no more than fix the quota of a state and make a requisition on its authorities, the disregard of which it could neither punish nor remedy; and as to the last, Congress could indeed say what was the proportion of each state, but had no power to enforce its payment. The utmost that it could do for the practical accomplishment of objects the most important was to recommend and entreat.