Our first essay in America to establish a federative government had fallen, on trial, very short of it's object. During the war of Independance, while the pressure of an external enemy hooped us together, and their enterprises kept us necessarily on the alert, the spirit of the people, excited by danger, was a supplement to the Confederation, and urged them to zealous exertions, whether claimed by that instrument, or not. But when peace and safety were restored, and every man became engaged in useful and profitable occupation, less attention was paid to the calls of Congress. The fundamental defect of the Confederation was that Congress was not authorized to act immediately on the people, & by it's own officers. Their power was only requisitory, and these requisitions were addressed to the several legislatures, to be by them carried into execution, without other coercion than the moral principle of duty. This allowed in fact a negative to every legislature, on every measure proposed by Congress; a negative so frequently exercised in practice as to benumb the action of the federal government, and to render it inefficient in it's general objects, & more especially in pecuniary and foreign concerns. The want too of a separation of the legislative, executive, & judiciary functions worked disadvantageously in practice. Yet this state of things afforded a happy augury of the future march of our confederacy, when it was seen that the good sense and good dispositions of the people, as soon as they perceived the incompetence of their first compact, instead of leaving it's correction to insurrection and civil war, agreed with one voice to elect deputies to a general convention, who should peaceably meet and agree on such a constitution as "would ensure peace, justice, liberty, the common defence & general welfare."

This Convention met at Philadelphia on the 25th. of May '87. It sate with closed doors and kept all it's proceedings secret, until it's dissolution on the 17th. of September, when the results of their labors were published all together. I received a copy early in November, and read and contemplated it's provisions with great satisfaction. As not a member of the Convention however, nor probably a single citizen of the Union, had approved it in all it's parts, so I too found articles which I thought objectionable. The absence of express declarations ensuring freedom of religion, freedom of the press, freedom of the person under the uninterrupted protection of the Habeas corpus, & trial by jury in civil as well as in criminal cases excited my jealousy; and the re-eligibility of the President for life, I quite disapproved. I expressed freely in letters to my friends, and most particularly to Mr. Madison & General Washington, my approbations and objections. How the good should be secured, and the ill brought to rights was the difficulty. To refer it back to a new Convention might endanger the loss of the whole. My first idea was that the 9. states first acting should accept it unconditionally, and thus secure what in it was good, and that the 4. last should accept on the previous condition that certain amendments should be agreed to, but a better course was devised of accepting the whole and trusting that the good sense & honest intentions of our citizens would make the alterations which should be deemed necessary. Accordingly all accepted, 6. without objection, and 7. with recommendations of specified amendments. Those respecting the press, religion, & juries, with several others, of great value, were accordingly made; but the Habeas corpus was left to the discretion of Congress, and the amendment against the reeligibility of the President was not proposed by that body. My fears of that feature were founded on the importance of the office, on the fierce contentions it might excite among ourselves, if continuable for life, and the dangers of interference either with money or arms, by foreign nations, to whom the choice of an American President might become interesting. Examples of this abounded in history; in the case of the Roman emperors for instance, of the Popes while of any significance, of the German emperors, the Kings of Poland, & the Deys of Barbary. I had observed too in the feudal History, and in the recent instance particularly of the Stadtholder of Holland, how easily offices or tenures for life slide into inheritances. My wish therefore was that the President should be elected for 7. years & be ineligible afterwards. This term I thought sufficient to enable him, with the concurrence of the legislature, to carry thro' & establish any system of improvement he should propose for the general good. But the practice adopted I think is better allowing his continuance for 8. years with a liability to be dropped at half way of the term, making that a period of probation. That his continuance should be restrained to 7. years was the opinion of the Convention at an early stage of it's session, when it voted that term by a majority of 8. against 2. and by a simple majority that he should be ineligible a second time. This opinion &c. was confirmed by the house so late as July 26. referred to the committee of detail, reported favorably by them, and changed to the present form by final vote on the last day but one only of their session. Of this change three states expressed their disapprobation, N. York by recommending an amendment that the President should not be eligible a third time, and Virginia and N. Carolina that he should not be capable of serving more than 8. in any term of 16. years. And altho' this amendment has not been made in form, yet practice seems to have established it. The example of 4 Presidents voluntarily retiring at the end of their 8th year, & the progress of public opinion that the principle is salutary, have given it in practice the force of precedent & usage; insomuch that should a President consent to be a candidate for a 3d. election, I trust he would be rejected on this demonstration of ambitious views.

But there was another amendment of which none of us thought at the time and in the omission of which lurks the germ that is to destroy this happy combination of National powers in the General government for matters of National concern, and independent powers in the states for what concerns the states severally. In England it was a great point gained at the Revolution, that the commissions of the judges, which had hitherto been during pleasure, should thenceforth be made during good behavior. A Judiciary dependent on the will of the King had proved itself the most oppressive of all tools in the hands of that Magistrate. Nothing then could be more salutary than a change there to the tenure of good behavior; and the question of good behavior left to the vote of a simple majority in the two houses of parliament. Before the revolution we were all good English Whigs, cordial in their free principles, and in their jealousies of their executive Magistrate. These jealousies are very apparent in all our state constitutions; and, in the general government in this instance, we have gone even beyond the English caution, by requiring a vote of two thirds in one of the Houses for removing a judge; a vote so impossible where (*10) any defence is made, before men of ordinary prejudices & passions, that our judges are effectually independent of the nation. But this ought not to be. I would not indeed make them dependant on the Executive authority, as they formerly were in England; but I deem it indispensable to the continuance of this government that they should be submitted to some practical & impartial controul: and that this, to be imparted, must be compounded of a mixture of state and federal authorities. It is not enough that honest men are appointed judges. All know the influence of interest on the mind of man, and how unconsciously his judgment is warped by that influence. To this bias add that of the esprit de corps, of their peculiar maxim and creed that "it is the office of a good judge to enlarge his jurisdiction," and the absence of responsibility, and how can we expect impartial decision between the General government, of which they are themselves so eminent a part, and an individual state from which they have nothing to hope or fear. We have seen too that, contrary to all correct example, they are in the habit of going out of the question before them, to throw an anchor ahead and grapple further hold for future advances of power. They are then in fact the corps of sappers & miners, steadily working to undermine the independant rights of the States, & to consolidate all power in the hands of that government in which they have so important a freehold estate. But it is not by the consolidation, or concentration of powers, but by their distribution, that good government is effected. Were not this great country already divided into states, that division must be made, that each might do for itself what concerns itself directly, and what it can so much better do than a distant authority. Every state again is divided into counties, each to take care of what lies within it's local bounds; each county again into townships or wards, to manage minuter details; and every ward into farms, to be governed each by it's individual proprietor. Were we directed from Washington when to sow, & when to reap, we should soon want bread. It is by this partition of cares, descending in gradation from general to particular, that the mass of human affairs may be best managed for the good and prosperity of all. I repeat that I do not charge the judges with wilful and ill-intentioned error; but honest error must be arrested where it's toleration leads to public ruin. As, for the safety of society, we commit honest maniacs to Bedlam, so judges should be withdrawn from their bench, whose erroneous biases are leading us to dissolution. It may indeed injure them in fame or in fortune; but it saves the republic, which is the first and supreme law.

Among the debilities of the government of the Confederation, no one was more distinguished or more distressing than the utter impossibility of obtaining, from the states, the monies necessary for the payment of debts, or even for the ordinary expenses of the government. Some contributed a little, some less, & some nothing, and the last furnished at length an excuse for the first to do nothing also. Mr. Adams, while residing at the Hague, had a general authority to borrow what sums might be requisite for ordinary & necessary expenses. Interest on the public debt, and the maintenance of the diplomatic establishment in Europe, had been habitually provided in this way. He was now elected Vice President of the U. S. was soon to return to America, and had referred our bankers to me for future councel on our affairs in their hands. But I had no powers, no instructions, no means, and no familiarity with the subject. It had always been exclusively under his management, except as to occasional and partial deposits in the hands of Mr. Grand, banker in Paris, for special and local purposes. These last had been exhausted for some time, and I had fervently pressed the Treasury board to replenish this particular deposit; as Mr. Grand now refused to make further advances. They answered candidly that no funds could be obtained until the new government should get into action, and have time to make it's arrangements. Mr. Adams had received his appointment to the court of London while engaged at Paris, with Dr. Franklin and myself, in the negotiations under our joint commissions. He had repaired thence to London, without returning to the Hague to take leave of that government. He thought it necessary however to do so now, before he should leave Europe, and accordingly went there. I learned his departure from London by a letter from Mrs. Adams received on the very day on which he would arrive at the Hague. A consultation with him, & some provision for the future was indispensable, while we could yet avail ourselves of his powers. For when they would be gone, we should be without resource. I was daily dunned by a company who had formerly made a small loan to the U S. the principal of which was now become due; and our bankers in Amsterdam had notified me that the interest on our general debt would be expected in June; that if we failed to pay it, it would be deemed an act of bankruptcy and would effectually destroy the credit of the U S. and all future prospect of obtaining money there; that the loan they had been authorized to open, of which a third only was filled, and now ceased to get forward, and rendered desperate that hope of resource. I saw that there was not a moment to lose, and set out for the Hague on the 2d. morning after receiving the information of Mr. Adams's journey. I went the direct road by Louvres, Senlis, Roye, Pont St. Maxence, Bois le duc, Gournay, Peronne, Cambray, Bouchain, Valenciennes, Mons, Bruxelles, Malines, Antwerp, Mordick, and Rotterdam, to the Hague, where I happily found Mr. Adams. He concurred with me at once in opinion that something must be done, and that we ought to risk ourselves on doing it without instructions, to save the credit of the U S. We foresaw that before the new government could be adopted, assembled, establish it's financial system, get the money into the treasury, and place it in Europe, considerable time would elapse; that therefore we had better provide at once for the years 88. 89. & 90. in order to place our government at it's ease, and our credit in security, during that trying interval. We set out therefore by the way of Leyden for Amsterdam, where we arrived on the 10th. I had prepared an estimate showing that

Florins.
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there would be necessary for the year '88:	531,937	--10
'89:	538,540
'90:	473,540	_______
Total:	1,544,017	-- 10 Flor.
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to meet this the bankers had in hand:	79,268	-- 2	-- 8
& the unsold bonds would yield:	___542,800	_______
622,068		-- 2	-- 8
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we proposed then to borrow a million yielding:	900,000	_______
which would leave a small deficiency of:	1,949	-- 7	-- 4

Mr. Adams accordingly executed 1000. bonds, for 1000. florins each, and deposited them in the hands of our bankers, with instructions however not to issue them until Congress should ratify the measure. This done, he returned to London, and I set out for Paris; and as nothing urgent forbade it, I determined to return along the banks of the Rhine to Strasburg, and thence strike off to Paris. I accordingly left Amsterdam on the 30th of March, and proceeded by Utrecht, Nimeguen, Cleves, Duysberg, Dusseldorf, Cologne, Bonne, Coblentz, Nassau, Hocheim, Frankfort, & made an excursion to Hanau, thence to Mayence and another excursion to Rude-sheim, & Johansberg; then by Oppenheim, Worms, and Manheim, and an excursion to Heidelberg, then by Spire, Carlsruh, Rastadt & Kelh, to Strasburg, where I arrived Apr. 16th, and proceeded again on the 18th, by Phalsbourg, Fenestrange, Dieuze, Moyenvie, Nancy, Toul, Ligny, Barleduc, St. Diziers, Vitry, Chalons sur Marne, Epernay, Chateau Thierri, Meaux, to Paris where I arrived on the 23d. of April; and I had the satisfaction to reflect that by this journey our credit was secured, the new government was placed at ease for two years to come, and that as well as myself were relieved from the torment of incessant duns, whose just complaints could not be silenced by any means within our power.