the Carolinas, which were devastated by the marching and countermarching of the combatants, the people were living in comparative comfort. North of the Potomac, indeed, there was even a tendency to speculation in business and extravagance in living. Throughout the war farmers had found a ready market for their produce within the lines of the British and French armies. The temporary suspension of commerce had encouraged many forms of productive industry. As the war continued, venturesome skippers eluded British men-of-war and found their way to European or Dutch West India ports, bringing home rich cargoes in exchange for tobacco, flour, and rice. The prizes brought in by privateers added largely to the stock of desirable and attractive merchandise in the shops of Boston, Philadelphia, and Charleston. If such prosperity could follow in the wake of war, what commercial gains might not be expected in the piping times of peace? In anticipation of immediate returns, merchants drew heavily upon their foreign creditors and stocked their shops with imported commodities. Southern planters indulged similar expectations and bought land and slaves on credit, regardless of the price. "A rage for running in debt became epidemical," wrote a contemporary observer. "Individuals were for getting rich by a coup de main; a good bargain — a a happy speculation was almost every man's object and pursuit."

During the hard times of 1785-86 these golden dreams vanished. Instead of sharing as the people of an independent nation in the trade and commerce

of the world, American shippers found themselves no better off than they were as dependents of Great Britain. Orders in council at once closed the ports of the British West Indies to all staple products which were not carried in British bottoms. Certain commodities, fish, pork, and beef, which might compete with the products of British dependencies, were excluded altogether. The policy of France and Spain was scarcely less illiberal. The effect was immediate. Cut off from their natural markets, American shipowners were forced either to leave their vessels to rot at their wharves or to seek new markets. For months there seemed to be no other alternative. At the same time the new industries which had sprung up during the war had to meet the shock of foreign competition, as the British manufacturer dumped on American wharves the accumulated stock of his warehouses. The plight of the small farmer and of the large planter was much the same; for both had incurred debts in expectation of continued prosperity.

Everywhere people complained of hard times. Discouragement and ill-humor displaced the buoyant optimism with which peace had been heralded. "What is independence?" asked a writer in A Shorter Catechism. "Dependence upon nothing" was the cynical answer. In many States the popular discontent found vent in a vindictive crusade against the Tories. Even sober-minded citizens shared the general detestation of these unfortunate people. In the heat of war Washington had declared them to be "abominable pests of society" who ought to be

hanged as traitors. The States had quite generally confiscated their property and in some cases had passed acts of attainder against them. In communities like New York, which had long remained in the hands of the British, the popular animosity was exceedingly bitter. To aid those citizens who had been dispossessed of their estates, the legislature passed the Trespass Act, which permitted suits for the recovery of property that had passed into the hands of the enemy upon the flight of the owners. The terms of the act were in flat contradiction to the treaty of peace. Further to aid claimants, it was provided that no military order could be pleaded in court in justification of the seizure of property.

In a famous case brought before the Mayor's Court of New York by the widow Rutgers to recover her property from Joshua Waddington, a wealthy Tory, Alexander Hamilton appeared as counsel for the defendant. It was a daring act which brought down upon him the unmitigated wrath of the radical elements. Nevertheless, in an opinion which has considerable interest for students of constitutional law, the court ruled that the Trespass Act, "by a reasonable interpretation," must be construed in harmony with the treaty of peace, which was obligatory upon every State. It was not to be presumed that the legislature would intentionally violate the law of nations. The judgment of the court, therefore, was in favor of the defendant. With chagrin and resentment the popular party declared that the court had set aside a law of the State and had presumed to set itself above the legislature. Wher

ever the radicals got the upper hand, confiscation was the order of the day; and even where the conservatives succeeded in restraining their radical brethren from legislative reprisals, no Tory was safe from the assaults of irresponsible mobs. Thousands took refuge in flight, to the infinite delight of the wits in the coffee-houses who jested of the "Independence Fever" which was carrying off so many worthy people.

Financially the Confederation was hopelessly embarrassed. Having sowed the wind by its issues of bills of credit, it was now reaping the whirlwind. By the end of the war this paper money had so far depreciated that it ceased to pass as currency. "Not worth a continental" has passed into our native idiom. Without power to levy taxes, Congress could only make requisitions upon the States. The returns were pitifully inadequate to the needs of government. All told, less than a million and a half of dollars came into the treasury between 1781 and 1784, although Morris, as Superintendent of Finance, had earnestly besought the governors of the States for two millions for the year 1783 alone, in order to meet outstanding obligations and current expenses. Without foreign and domestic loans the war could never have been carried to a successful conclusion; but in 1783 even that source was drained. In sheer desperation Congress authorized the Superintendent of Finance to draw bills of exchange, at his discretion, upon the credit of loans which were to be procured in Europe. In vain Morris warned Congress that no more loans could be secured. "Our public credit is gone," he declared.

The obvious remedy for the financial ills of the Confederation was to give Congress the power to levy taxes. Early in 1781, indeed, before the Articles of Confederation had been ratified by Maryland, the proposal had been made that Congress should be vested with power to levy a five per cent duty on imports; but the obstinate opposition of Rhode Island effectually blocked the amendment. "She considered it the most precious jewel of sovereignty that no State be called upon to open its purse but by the authority of the State and by her own officers." Again, in 1783, Congress submitted to the States an amendment which would confer upon it the power to place specific duties for a term of twenty-five years upon certain classes of imported commodities. The tardy response of the States to this proposal left little hope that it would be adopted.

In fact, the Confederation and its woes hardly occupied the thoughts of the people at all, except as a subject for jest and ridicule. The newspapers made merry over the peregrinations of Congress. Frightened away from Philadelphia by the riotous conduct of some troops of the Pennsylvania line, who had imbibed too freely, the delegates had withdrawn first to Princeton and then to Annapolis. Thither Washington repaired to resign his commission; but even so notable an occasion as this brought together delegates from only seven of the States. The best talent in America was drafted into the service of the several States. Men had ceased to think continentally. "A selfish habitude of thinking and reasoning," wrote one who styled himself Yorick, in the