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To The People of
the State of New York:
OOOOTHE necessity of a Constitution, at
least equally energetic with the one proposed, to the preservation of
the Union, is the point at the examination of which we are now
arrived.
OOOOThis inquiry will naturally divide
itself into three branches the objects to be provided for by the
federal government, the quantity of power necessary to the
accomplishment of those objects, the persons upon whom that power
ought to operate. Its distribution and organization will more properly
claim our attention under the succeeding head.
OOOOThe principal purposes to be
answered by union are these the common defense of the members; the
preservation of the public peace as well against internal convulsions
as external attacks; the regulation of commerce with other nations and
between the States; the superintendence of our intercourse, political
and commercial, with foreign countries.
OOOOThe authorities essential to the
common defense are these: to raise armies; to build and equip fleets;
to prescribe rules for the government of both; to direct their
operations; to provide for their support. These powers ought to exist
without limitation, BECAUSE IT IS IMPOSSIBLE TO FORESEE OR DEFINE THE
EXTENT AND VARIETY OF NATIONAL EXIGENCIES, OR THE CORRESPONDENT EXTENT
AND VARIETY OF THE MEANS WHICH MAY BE NECESSARY TO SATISFY THEM. The
circumstances that endanger the safety of nations are infinite, and
for this reason no constitutional shackles can wisely be imposed on
the power to which the care of it is committed. This power ought to be
coextensive with all the possible combinations of such circumstances;
and ought to be under the direction of the same councils which are
appointed to preside over the common defense.
OOOOThis is one of those truths which,
to a correct and unprejudiced mind, carries its own evidence along
with it; and may be obscured, but cannot be made plainer by argument
or reasoning. It rests upon axioms as simple as they are universal;
the MEANS ought to be proportioned to the END; the persons, from whose
agency the attainment of any END is expected, ought to possess the
MEANS by which it is to be attained.
OOOOWhether there ought to be a federal
government intrusted with the care of the common defense, is a
question in the first instance, open for discussion; but the moment it
is decided in the affirmative, it will follow, that that government
ought to be clothed with all the powers requisite to complete
execution of its trust. And unless it can be shown that the
circumstances which may affect the public safety are reducible within
certain determinate limits; unless the contrary of this position can
be fairly and rationally disputed, it must be admitted, as a necessary
consequence, that there can be no limitation of that authority which
is to provide for the defense and protection of the community, in any
matter essential to its efficacy that is, in any matter essential to
the FORMATION, DIRECTION, or SUPPORT of the NATIONAL FORCES.
OOOODefective as the present
Confederation has been proved to be, this principle appears to have
been fully recognized by the framers of it; though they have not made
proper or adequate provision for its exercise. Congress have an
unlimited discretion to make requisitions of men and money; to govern
the army and navy; to direct their operations. As their requisitions
are made constitutionally binding upon the States, who are in fact
under the most solemn obligations to furnish the supplies required of
them, the intention evidently was that the United States should
command whatever resources were by them judged requisite to the "common
defense and general welfare.'' It was presumed that a sense of their
true interests, and a regard to the dictates of good faith, would be
found sufficient pledges for the punctual performance of the duty of
the members to the federal head.
OOOOThe experiment has, however,
demonstrated that this expectation was ill-founded and illusory; and
the observations, made under the last head, will, I imagine, have
sufficed to convince the impartial and discerning, that there is an
absolute necessity for an entire change in the first principles of the
system; that if we are in earnest about giving the Union energy and
duration, we must abandon the vain project of legislating upon the
States in their collective capacities; we must extend the laws of the
federal government to the individual citizens of America; we must
discard the fallacious scheme of quotas and requisitions, as equally
impracticable and unjust. The result from all this is that the Union
ought to be invested with full power to levy troops; to build and
equip fleets; and to raise the revenues which will be required for the
formation and support of an army and navy, in the customary and
ordinary modes practiced in other governments.
OOOOIf the circumstances of our country
are such as to demand a compound instead of a simple, a confederate
instead of a sole, government, the essential point which will remain
to be adjusted will be to discriminate the OBJECTS, as far as it can
be done, which shall appertain to the different provinces or
departments of power; allowing to each the most ample authority for
fulfilling the objects committed to its charge. Shall the Union be
constituted the guardian of the common safety? Are fleets and armies
and revenues necessary to this purpose? The government of the Union
must be empowered to pass all laws, and to make all regulations which
have relation to them. The same must be the case in respect to
commerce, and to every other matter to which its jurisdiction is
permitted to extend. Is the administration of justice between the
citizens of the same State the proper department of the local
governments? These must possess all the authorities which are
connected with this object, and with every other that may be allotted
to their particular cognizance and direction. Not to confer in each
case a degree of power commensurate to the end, would be to violate
the most obvious rules of prudence and propriety, and improvidently to
trust the great interests of the nation to hands which are disabled
from managing them with vigor and success.
OOOOWho is likely to make suitable
provisions for the public defense, as that body to which the
guardianship of the public safety is confided; which, as the centre of
information, will best understand the extent and urgency of the
dangers that threaten; as the representative of the WHOLE, will feel
itself most deeply interested in the preservation of every part;
which, from the responsibility implied in the duty assigned to it,
will be most sensibly impressed with the necessity of proper
exertions; and which, by the extension of its authority throughout the
States, can alone establish uniformity and concert in the plans and
measures by which the common safety is to be secured? Is there not a
manifest inconsistency in devolving upon the federal government the
care of the general defense, and leaving in the State governments the
EFFECTIVE powers by which it is to be provided for? Is not a want of
co-operation the infallible consequence of such a system? And will not
weakness, disorder, an undue distribution of the burdens and
calamities of war, an unnecessary and intolerable increase of expense,
be its natural and inevitable concomitants? Have we not had
unequivocal experience of its effects in the course of the revolution
which we have just accomplished?
OOOOEvery view we may take of the
subject, as candid inquirers after truth, will serve to convince us,
that it is both unwise and dangerous to deny the federal government an
unconfined authority, as to all those objects which are intrusted to
its management. It will indeed deserve the most vigilant and careful
attention of the people, to see that it be modeled in such a manner as
to admit of its being safely vested with the requisite powers. If any
plan which has been, or may be, offered to our consideration, should
not, upon a dispassionate inspection, be found to answer this
description, it ought to be rejected. A government, the constitution
of which renders it unfit to be trusted with all the powers which a
free people OUGHT TO DELEGATE TO ANY GOVERNMENT, would be an unsafe
and improper depositary of the NATIONAL INTERESTS. Wherever THESE can
with propriety be confided, the coincident powers may safely accompany
them. This is the true result of all just reasoning upon the subject.
And the adversaries of the plan promulgated by the convention ought to
have confined themselves to showing, that the internal structure of
the proposed government was such as to render it unworthy of the
confidence of the people. They ought not to have wandered into
inflammatory declamations and unmeaning cavils about the extent of the
powers. The POWERS are not too extensive for the OBJECTS of federal
administration, or, in other words, for the management of our NATIONAL
INTERESTS; nor can any satisfactory argument be framed to show that
they are chargeable with such an excess. If it be true, as has been
insinuated by some of the writers on the other side, that the
difficulty arises from the nature of the thing, and that the extent of
the country will not permit us to form a government in which such
ample powers can safely be reposed, it would prove that we ought to
contract our views, and resort to the expedient of separate
confederacies, which will move within more practicable spheres. For
the absurdity must continually stare us in the face of confiding to a
government the direction of the most essential national interests,
without daring to trust it to the authorities which are indispensible
to their proper and efficient management. Let us not attempt to
reconcile contradictions, but firmly embrace a rational alternative.
OOOOI trust, however, that the
impracticability of one general system cannot be shown. I am greatly
mistaken, if any thing of weight has yet been advanced of this
tendency; and I flatter myself, that the observations which have been
made in the course of these papers have served to place the reverse of
that position in as clear a light as any matter still in the womb of
time and experience can be susceptible of. This, at all events, must
be evident, that the very difficulty itself, drawn from the extent of
the country, is the strongest argument in favor of an energetic
government; for any other can certainly never preserve the Union of so
large an empire. If we embrace the tenets of those who oppose the
adoption of the proposed Constitution, as the standard of our
political creed, we cannot fail to verify the gloomy doctrines which
predict the impracticability of a national system pervading entire
limits of the present Confederacy.
OOOOPUBLIUS.
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