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To The People of
the State of New York:
OOOOA FIRM Union will be of the utmost
moment to the peace and liberty of the States, as a barrier against
domestic faction and insurrection. It is impossible to read the
history of the petty republics of Greece and Italy without feeling
sensations of horror and disgust at the distractions with which they
were continually agitated, and at the rapid succession of revolutions
by which they were kept in a state of perpetual vibration between the
extremes of tyranny and anarchy. If they exhibit occasional calms,
these only serve as short-lived contrast to the furious storms that
are to succeed. If now and then intervals of felicity open to view, we
behold them with a mixture of regret, arising from the reflection that
the pleasing scenes before us are soon to be overwhelmed by the
tempestuous waves of sedition and party rage. If momentary rays of
glory break forth from the gloom, while they dazzle us with a
transient and fleeting brilliancy, they at the same time admonish us
to lament that the vices of government should pervert the direction
and tarnish the lustre of those bright talents and exalted endowments
for which the favored soils that produced them have been so justly
celebrated.
OOOOFrom the disorders that disfigure
the annals of those republics the advocates of despotism have drawn
arguments, not only against the forms of republican government, but
against the very principles of civil liberty. They have decried all
free government as inconsistent with the order of society, and have
indulged themselves in malicious exultation over its friends and
partisans. Happily for mankind, stupendous fabrics reared on the basis
of liberty, which have flourished for ages, have, in a few glorious
instances, refuted their gloomy sophisms. And, I trust, America will
be the broad and solid foundation of other edifices, not less
magnificent, which will be equally permanent monuments of their
errors.
OOOOBut it is not to be denied that the
portraits they have sketched of republican government were too just
copies of the originals from which they were taken. If it had been
found impracticable to have devised models of a more perfect
structure, the enlightened friends to liberty would have been obliged
to abandon the cause of that species of government as indefensible.
The science of politics, however, like most other sciences, has
received great improvement. The efficacy of various principles is now
well understood, which were either not known at all, or imperfectly
known to the ancients. The regular distribution of power into distinct
departments; the introduction of legislative balances and checks; the
institution of courts composed of judges holding their offices during
good behavior; the representation of the people in the legislature by
deputies of their own election: these are wholly new discoveries, or
have made their principal progress towards perfection in modern times.
They are means, and powerful means, by which the excellences of
republican government may be retained and its imperfections lessened
or avoided. To this catalogue of circumstances that tend to the
amelioration of popular systems of civil government, I shall venture,
however novel it may appear to some, to add one more, on a principle
which has been made the foundation of an objection to the new
Constitution; I mean the ENLARGEMENT of the ORBIT within which such
systems are to revolve, either in respect to the dimensions of a
single State or to the consolidation of several smaller States into
one great Confederacy. The latter is that which immediately concerns
the object under consideration. It will, however, be of use to examine
the principle in its application to a single State, which shall be
attended to in another place.
OOOOThe utility of a Confederacy, as
well to suppress faction and to guard the internal tranquillity of
States, as to increase their external force and security, is in
reality not a new idea. It has been practiced upon in different
countries and ages, and has received the sanction of the most approved
writers on the subject of politics. The opponents of the plan proposed
have, with great assiduity, cited and circulated the observations of
Montesquieu on the necessity of a contracted territory for a
republican government. But they seem not to have been apprised of the
sentiments of that great man expressed in another part of his work,
nor to have adverted to the consequences of the principle to which
they subscribe with such ready acquiescence.
OOOOWhen Montesquieu recommends a small
extent for republics, the standards he had in view were of dimensions
far short of the limits of almost every one of these States. Neither
Virginia, Massachusetts, Pennsylvania, New York, North Carolina, nor
Georgia can by any means be compared with the models from which he
reasoned and to which the terms of his description apply. If we
therefore take his ideas on this point as the criterion of truth, we
shall be driven to the alternative either of taking refuge at once in
the arms of monarchy, or of splitting ourselves into an infinity of
little, jealous, clashing, tumultuous commonwealths, the wretched
nurseries of unceasing discord, and the miserable objects of universal
pity or contempt. Some of the writers who have come forward on the
other side of the question seem to have been aware of the dilemma; and
have even been bold enough to hint at the division of the larger
States as a desirable thing. Such an infatuated policy, such a
desperate expedient, might, by the multiplication of petty offices,
answer the views of men who possess not qualifications to extend their
influence beyond the narrow circles of personal intrigue, but it could
never promote the greatness or happiness of the people of America.
OOOOReferring the examination of the
principle itself to another place, as has been already mentioned, it
will be sufficient to remark here that, in the sense of the author who
has been most emphatically quoted upon the occasion, it would only
dictate a reduction of the SIZE of the more considerable MEMBERS of
the Union, but would not militate against their being all comprehended
in one confederate government. And this is the true question, in the
discussion of which we are at present interested.
OOOOSo far are the suggestions of
Montesquieu from standing in opposition to a general Union of the
States, that he explicitly treats of a CONFEDERATE REPUBLIC as the
expedient for extending the sphere of popular government, and
reconciling the advantages of monarchy with those of republicanism.
OOOO"It is very probable,'' (says
he[1]) "that mankind would have been obliged
at length to live constantly under the government of a single person,
had they not contrived a kind of constitution that has all the
internal advantages of a republican, together with the external force
of a monarchical government. I mean a CONFEDERATE REPUBLIC.
OOOO"This form of government is a
convention by which several smaller STATES agree to become members of
a larger ONE, which they intend to form. It is a kind of assemblage of
societies that constitute a new one, capable of increasing, by means
of new associations, till they arrive to such a degree of power as to
be able to provide for the security of the united body.
OOOO"A republic of this kind, able
to withstand an external force, may support itself without any
internal corruptions. The form of this society prevents all manner of
inconveniences.
OOOO"If a single member should
attempt to usurp the supreme authority, he could not be supposed to
have an equal authority and credit in all the confederate states. Were
he to have too great influence over one, this would alarm the rest.
Were he to subdue a part, that which would still remain free might
oppose him with forces independent of those which he had usurped and
overpower him before he could be settled in his usurpation.
OOOO"Should a popular insurrection
happen in one of the confederate states the others are able to quell
it. Should abuses creep into one part, they are reformed by those that
remain sound. The state may be destroyed on one side, and not on the
other; the confederacy may be dissolved, and the confederates preserve
their sovereignty.
OOOO"As this government is composed
of small republics, it enjoys the internal happiness of each; and with
respect to its external situation, it is possessed, by means of the
association, of all the advantages of large monarchies.''
OOOOI have thought it proper to quote at
length these interesting passages, because they contain a luminous
abridgment of the principal arguments in favor of the Union, and must
effectually remove the false impressions which a misapplication of
other parts of the work was calculated to make. They have, at the same
time, an intimate connection with the more immediate design of this
paper; which is, to illustrate the tendency of the Union to repress
domestic faction and insurrection.
OOOOA distinction, more subtle than
accurate, has been raised between a CONFEDERACY and a CONSOLIDATION of
the States. The essential characteristic of the first is said to be,
the restriction of its authority to the members in their collective
capacities, without reaching to the individuals of whom they are
composed. It is contended that the national council ought to have no
concern with any object of internal administration. An exact equality
of suffrage between the members has also been insisted upon as a
leading feature of a confederate government. These positions are, in
the main, arbitrary; they are supported neither by principle nor
precedent. It has indeed happened, that governments of this kind have
generally operated in the manner which the distinction taken notice
of, supposes to be inherent in their nature; but there have been in
most of them extensive exceptions to the practice, which serve to
prove, as far as example will go, that there is no absolute rule on
the subject. And it will be clearly shown in the course of this
investigation that as far as the principle contended for has
prevailed, it has been the cause of incurable disorder and imbecility
in the government.
OOOOThe definition of a CONFEDERATE
REPUBLIC seems simply to be "an assemblage of societies,'' or an
association of two or more states into one state. The extent,
modifications, and objects of the federal authority are mere matters
of discretion. So long as the separate organization of the members be
not abolished; so long as it exists, by a constitutional necessity,
for local purposes; though it should be in perfect subordination to
the general authority of the union, it would still be, in fact and in
theory, an association of states, or a confederacy. The proposed
Constitution, so far from implying an abolition of the State
governments, makes them constituent parts of the national sovereignty,
by allowing them a direct representation in the Senate, and leaves in
their possession certain exclusive and very important portions of
sovereign power. This fully corresponds, in every rational import of
the terms, with the idea of a federal government.
OOOOIn the Lycian confederacy, which
consisted of twenty-three CITIES or republics, the largest were
entitled to THREE votes in the COMMON COUNCIL, those of the middle
class to TWO, and the smallest to ONE. The COMMON COUNCIL had the
appointment of all the judges and magistrates of the respective
CITIES. This was certainly the most, delicate species of interference
in their internal administration; for if there be any thing that seems
exclusively appropriated to the local jurisdictions, it is the
appointment of their own officers. Yet Montesquieu, speaking of this
association, says: "Were I to give a model of an excellent
Confederate Republic, it would be that of Lycia.'' Thus we perceive
that the distinctions insisted upon were not within the contemplation
of this enlightened civilian; and we shall be led to conclude, that
they are the novel refinements of an erroneous theory.
OOOOPUBLIUS.
1."Spirit of Laws,'' vol. i., book ix., chap.
i.
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