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To The People of
the State of New York:
OOOOHAVING in the three last numbers
taken a summary review of the principal circumstances and events which
have depicted the genius and fate of other confederate governments, I
shall now proceed in the enumeration of the most important of those
defects which have hitherto disappointed our hopes from the system
established among ourselves. To form a safe and satisfactory judgment
of the proper remedy, it is absolutely necessary that we should be
well acquainted with the extent and malignity of the disease.
OOOOThe next most palpable defect of the
subsisting Confederation, is the total want of a SANCTION to its laws.
The United States, as now composed, have no powers to exact obedience,
or punish disobedience to their resolutions, either by pecuniary
mulcts, by a suspension or divestiture of privileges, or by any other
constitutional mode. There is no express delegation of authority to
them to use force against delinquent members; and if such a right
should be ascribed to the federal head, as resulting from the nature
of the social compact between the States, it must be by inference and
construction, in the face of that part of the second article, by which
it is declared, "that each State shall retain every power,
jurisdiction, and right, not EXPRESSLY delegated to the United States
in Congress assembled.'' There is, doubtless, a striking absurdity in
supposing that a right of this kind does not exist, but we are reduced
to the dilemma either of embracing that supposition, preposterous as
it may seem, or of contravening or explaining away a provision, which
has been of late a repeated theme of the eulogies of those who oppose
the new Constitution; and the want of which, in that plan, has been
the subject of much plausible animadversion, and severe criticism. If
we are unwilling to impair the force of this applauded provision, we
shall be obliged to conclude, that the United States afford the
extraordinary spectacle of a government destitute even of the shadow
of constitutional power to enforce the execution of its own laws. It
will appear, from the specimens which have been cited, that the
American Confederacy, in this particular, stands discriminated from
every other institution of a similar kind, and exhibits a new and
unexampled phenomenon in the political world.
OOOOThe want of a mutual guaranty of the
State governments is another capital imperfection in the federal plan.
There is nothing of this kind declared in the articles that compose
it; and to imply a tacit guaranty from considerations of utility,
would be a still more flagrant departure from the clause which has
been mentioned, than to imply a tacit power of coercion from the like
considerations. The want of a guaranty, though it might in its
consequences endanger the Union, does not so immediately attack its
existence as the want of a constitutional sanction to its laws.
OOOOWithout a guaranty the assistance to
be derived from the Union in repelling those domestic dangers which
may sometimes threaten the existence of the State constitutions, must
be renounced. Usurpation may rear its crest in each State, and trample
upon the liberties of the people, while the national government could
legally do nothing more than behold its encroachments with indignation
and regret. A successful faction may erect a tyranny on the ruins of
order and law, while no succor could constitutionally be afforded by
the Union to the friends and supporters of the government. The
tempestuous situation from which Massachusetts has scarcely emerged,
evinces that dangers of this kind are not merely speculative. Who can
determine what might have been the issue of her late convulsions, if
the malcontents had been headed by a Caesar or by a Cromwell? Who can
predict what effect a despotism, established in Massachusetts, would
have upon the liberties of New Hampshire or Rhode Island, of
Connecticut or New York?
OOOOThe inordinate pride of State
importance has suggested to some minds an objection to the principle
of a guaranty in the federal government, as involving an officious
interference in the domestic concerns of the members. A scruple of
this kind would deprive us of one of the principal advantages to be
expected from union, and can only flow from a misapprehension of the
nature of the provision itself. It could be no impediment to reforms
of the State constitution by a majority of the people in a legal and
peaceable mode. This right would remain undiminished. The guaranty
could only operate against changes to be effected by violence. Towards
the preventions of calamities of this kind, too many checks cannot be
provided. The peace of society and the stability of government depend
absolutely on the efficacy of the precautions adopted on this head.
Where the whole power of the government is in the hands of the people,
there is the less pretense for the use of violent remedies in partial
or occasional distempers of the State. The natural cure for an
ill-administration, in a popular or representative constitution, is a
change of men. A guaranty by the national authority would be as much
levelled against the usurpations of rulers as against the ferments and
outrages of faction and sedition in the community.
OOOOThe principle of regulating the
contributions of the States to the common treasury by QUOTAS is
another fundamental error in the Confederation. Its repugnancy to an
adequate supply of the national exigencies has been already pointed
out, and has sufficiently appeared from the trial which has been made
of it. I speak of it now solely with a view to equality among the
States. Those who have been accustomed to contemplate the
circumstances which produce and constitute national wealth, must be
satisfied that there is no common standard or barometer by which the
degrees of it can be ascertained. Neither the value of lands, nor the
numbers of the people, which have been successively proposed as the
rule of State contributions, has any pretension to being a just
representative. If we compare the wealth of the United Netherlands
with that of Russia or Germany, or even of France, and if we at the
same time compare the total value of the lands and the aggregate
population of that contracted district with the total value of the
lands and the aggregate population of the immense regions of either of
the three last-mentioned countries, we shall at once discover that
there is no comparison between the proportion of either of these two
objects and that of the relative wealth of those nations. If the like
parallel were to be run between several of the American States, it
would furnish a like result. Let Virginia be contrasted with North
Carolina, Pennsylvania with Connecticut, or Maryland with New Jersey,
and we shall be convinced that the respective abilities of those
States, in relation to revenue, bear little or no analogy to their
comparative stock in lands or to their comparative population. The
position may be equally illustrated by a similar process between the
counties of the same State. No man who is acquainted with the State of
New York will doubt that the active wealth of King's County bears a
much greater proportion to that of Montgomery than it would appear to
be if we should take either the total value of the lands or the total
number of the people as a criterion!
OOOOThe wealth of nations depends upon
an infinite variety of causes. Situation, soil, climate, the nature of
the productions, the nature of the government, the genius of the
citizens, the degree of information they possess, the state of
commerce, of arts, of industry, these circumstances and many more, too
complex, minute, or adventitious to admit of a particular
specification, occasion differences hardly conceivable in the relative
opulence and riches of different countries. The consequence clearly is
that there can be no common measure of national wealth, and, of
course, no general or stationary rule by which the ability of a state
to pay taxes can be determined. The attempt, therefore, to regulate
the contributions of the members of a confederacy by any such rule,
cannot fail to be productive of glaring inequality and extreme
oppression.
OOOOThis inequality would of itself be
sufficient in America to work the eventual destruction of the Union,
if any mode of enforcing a compliance with its requisitions could be
devised. The suffering States would not long consent to remain
associated upon a principle which distributes the public burdens with
so unequal a hand, and which was calculated to impoverish and oppress
the citizens of some States, while those of others would scarcely be
conscious of the small proportion of the weight they were required to
sustain. This, however, is an evil inseparable from the principle of
quotas and requisitions.
OOOOThere is no method of steering clear
of this inconvenience, but by authorizing the national government to
raise its own revenues in its own way. Imposts, excises, and, in
general, all duties upon articles of consumption, may be compared to a
fluid, which will, in time, find its level with the means of paying
them. The amount to be contributed by each citizen will in a degree be
at his own option, and can be regulated by an attention to his
resources. The rich may be extravagant, the poor can be frugal; and
private oppression may always be avoided by a judicious selection of
objects proper for such impositions. If inequalities should arise in
some States from duties on particular objects, these will, in all
probability, be counterbalanced by proportional inequalities in other
States, from the duties on other objects. In the course of time and
things, an equilibrium, as far as it is attainable in so complicated a
subject, will be established everywhere. Or, if inequalities should
still exist, they would neither be so great in their degree, so
uniform in their operation, nor so odious in their appearance, as
those which would necessarily spring from quotas, upon any scale that
can possibly be devised.
OOOOIt is a signal advantage of taxes on
articles of consumption, that they contain in their own nature a
security against excess. They prescribe their own limit; which cannot
be exceeded without defeating the end proposed, that is, an extension
of the revenue. When applied to this object, the saying is as just as
it is witty, that, "in political arithmetic, two and two do not
always make four .'' If duties are too high, they lessen the
consumption; the collection is eluded; and the product to the treasury
is not so great as when they are confined within proper and moderate
bounds. This forms a complete barrier against any material oppression
of the citizens by taxes of this class, and is itself a natural
limitation of the power of imposing them.
OOOOImpositions of this kind usually
fall under the denomination of indirect taxes, and must for a long
time constitute the chief part of the revenue raised in this country.
Those of the direct kind, which principally relate to land and
buildings, may admit of a rule of apportionment. Either the value of
land, or the number of the people, may serve as a standard. The state
of agriculture and the populousness of a country have been considered
as nearly connected with each other. And, as a rule, for the purpose
intended, numbers, in the view of simplicity and certainty, are
entitled to a preference. In every country it is a herculean task to
obtain a valuation of the land; in a country imperfectly settled and
progressive in improvement, the difficulties are increased almost to
impracticability. The expense of an accurate valuation is, in all
situations, a formidable objection. In a branch of taxation where no
limits to the discretion of the government are to be found in the
nature of things, the establishment of a fixed rule, not incompatible
with the end, may be attended with fewer inconveniences than to leave
that discretion altogether at large.
OOOOPUBLIUS.
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