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To The People of
the State of New York:
OOOOAN OBJECTION, of a nature different
from that which has been stated and answered, in my last address, may
perhaps be likewise urged against the principle of legislation for the
individual citizens of America. It may be said that it would tend to
render the government of the Union too powerful, and to enable it to
absorb those residuary authorities, which it might be judged proper to
leave with the States for local purposes. Allowing the utmost latitude
to the love of power which any reasonable man can require, I confess I
am at a loss to discover what temptation the persons intrusted with
the administration of the general government could ever feel to divest
the States of the authorities of that description. The regulation of
the mere domestic police of a State appears to me to hold out slender
allurements to ambition. Commerce, finance, negotiation, and war seem
to comprehend all the objects which have charms for minds governed by
that passion; and all the powers necessary to those objects ought, in
the first instance, to be lodged in the national depository. The
administration of private justice between the citizens of the same
State, the supervision of agriculture and of other concerns of a
similar nature, all those things, in short, which are proper to be
provided for by local legislation, can never be desirable cares of a
general jurisdiction. It is therefore improbable that there should
exist a disposition in the federal councils to usurp the powers with
which they are connected; because the attempt to exercise those powers
would be as troublesome as it would be nugatory; and the possession of
them, for that reason, would contribute nothing to the dignity, to the
importance, or to the splendor of the national government.
OOOOBut let it be admitted, for
argument's sake, that mere wantonness and lust of domination would be
sufficient to beget that disposition; still it may be safely affirmed,
that the sense of the constituent body of the national
representatives, or, in other words, the people of the several States,
would control the indulgence of so extravagant an appetite. It will
always be far more easy for the State governments to encroach upon the
national authorities than for the national government to encroach upon
the State authorities. The proof of this proposition turns upon the
greater degree of influence which the State governments if they
administer their affairs with uprightness and prudence, will generally
possess over the people; a circumstance which at the same time teaches
us that there is an inherent and intrinsic weakness in all federal
constitutions; and that too much pains cannot be taken in their
organization, to give them all the force which is compatible with the
principles of liberty.
OOOOThe superiority of influence in
favor of the particular governments would result partly from the
diffusive construction of the national government, but chiefly from
the nature of the objects to which the attention of the State
administrations would be directed.
OOOOIt is a known fact in human nature,
that its affections are commonly weak in proportion to the distance or
diffusiveness of the object. Upon the same principle that a man is
more attached to his family than to his neighborhood, to his
neighborhood than to the community at large, the people of each State
would be apt to feel a stronger bias towards their local governments
than towards the government of the Union; unless the force of that
principle should be destroyed by a much better administration of the
latter.
OOOOThis strong propensity of the human
heart would find powerful auxiliaries in the objects of State
regulation.
OOOOThe variety of more minute
interests, which will necessarily fall under the superintendence of
the local administrations, and which will form so many rivulets of
influence, running through every part of the society, cannot be
particularized, without involving a detail too tedious and
uninteresting to compensate for the instruction it might afford.
OOOOThere is one transcendant advantage
belonging to the province of the State governments, which alone
suffices to place the matter in a clear and satisfactory light,--I
mean the ordinary administration of criminal and civil justice. This,
of all others, is the most powerful, most universal, and most
attractive source of popular obedience and attachment. It is that
which, being the immediate and visible guardian of life and property,
having its benefits and its terrors in constant activity before the
public eye, regulating all those personal interests and familiar
concerns to which the sensibility of individuals is more immediately
awake, contributes, more than any other circumstance, to impressing
upon the minds of the people, affection, esteem, and reverence towards
the government. This great cement of society, which will diffuse
itself almost wholly through the channels of the particular
governments, independent of all other causes of influence, would
insure them so decided an empire over their respective citizens as to
render them at all times a complete counterpoise, and, not
unfrequently, dangerous rivals to the power of the Union.
OOOOThe operations of the national
government, on the other hand, falling less immediately under the
observation of the mass of the citizens, the benefits derived from it
will chiefly be perceived and attended to by speculative men. Relating
to more general interests, they will be less apt to come home to the
feelings of the people; and, in proportion, less likely to inspire an
habitual sense of obligation, and an active sentiment of attachment.
OOOOThe reasoning on this head has been
abundantly exemplified by the experience of all federal constitutions
with which we are acquainted, and of all others which have borne the
least analogy to them.
OOOOThough the ancient feudal systems
were not, strictly speaking, confederacies, yet they partook of the
nature of that species of association. There was a common head,
chieftain, or sovereign, whose authority extended over the whole
nation; and a number of subordinate vassals, or feudatories, who had
large portions of land allotted to them, and numerous trains of
INFERIOR vassals or retainers, who occupied and cultivated that land
upon the tenure of fealty or obedience, to the persons of whom they
held it. Each principal vassal was a kind of sovereign, within his
particular demesnes. The consequences of this situation were a
continual opposition to authority of the sovereign, and frequent wars
between the great barons or chief feudatories themselves. The power of
the head of the nation was commonly too weak, either to preserve the
public peace, or to protect the people against the oppressions of
their immediate lords. This period of European affairs is emphatically
styled by historians, the times of feudal anarchy.
OOOOWhen the sovereign happened to be a
man of vigorous and warlike temper and of superior abilities, he would
acquire a personal weight and influence, which answered, for the time,
the purpose of a more regular authority. But in general, the power of
the barons triumphed over that of the prince; and in many instances
his dominion was entirely thrown off, and the great fiefs were erected
into independent principalities or States. In those instances in which
the monarch finally prevailed over his vassals, his success was
chiefly owing to the tyranny of those vassals over their dependents.
The barons, or nobles, equally the enemies of the sovereign and the
oppressors of the common people, were dreaded and detested by both;
till mutual danger and mutual interest effected a union between them
fatal to the power of the aristocracy. Had the nobles, by a conduct of
clemency and justice, preserved the fidelity and devotion of their
retainers and followers, the contests between them and the prince must
almost always have ended in their favor, and in the abridgment or
subversion of the royal authority.
OOOOThis is not an assertion founded
merely in speculation or conjecture. Among other illustrations of its
truth which might be cited, Scotland will furnish a cogent example.
The spirit of clanship which was, at an early day, introduced into
that kingdom, uniting the nobles and their dependants by ties
equivalent to those of kindred, rendered the aristocracy a constant
overmatch for the power of the monarch, till the incorporation with
England subdued its fierce and ungovernable spirit, and reduced it
within those rules of subordination which a more rational and more
energetic system of civil polity had previously established in the
latter kingdom.
OOOOThe separate governments in a
confederacy may aptly be compared with the feudal baronies; with this
advantage in their favor, that from the reasons already explained,
they will generally possess the confidence and good-will of the
people, and with so important a support, will be able effectually to
oppose all encroachments of the national government. It will be well
if they are not able to counteract its legitimate and necessary
authority. The points of similitude consist in the rivalship of power,
applicable to both, and in the CONCENTRATION of large portions of the
strength of the community into particular DEPOSITS, in one case at the
disposal of individuals, in the other case at the disposal of
political bodies.
OOOOA concise review of the events that
have attended confederate governments will further illustrate this
important doctrine; an inattention to which has been the great source
of our political mistakes, and has given our jealousy a direction to
the wrong side. This review shall form the subject of some ensuing
papers.
OOOOPUBLIUS.
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