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To the People of
the State of New York:
OOOOIT HAS been urged, in different
shapes, that a Constitution of the kind proposed by the convention
cannot operate without the aid of a military force to execute its
laws. This, however, like most other things that have been alleged on
that side, rests on mere general assertion, unsupported by any precise
or intelligible designation of the reasons upon which it is founded.
As far as I have been able to divine the latent meaning of the
objectors, it seems to originate in a presupposition that the people
will be disinclined to the exercise of federal authority in any matter
of an internal nature. Waiving any exception that might be taken to
the inaccuracy or inexplicitness of the distinction between internal
and external, let us inquire what ground there is to presuppose that
disinclination in the people. Unless we presume at the same time that
the powers of the general government will be worse administered than
those of the State government, there seems to be no room for the
presumption of ill-will, disaffection, or opposition in the people. I
believe it may be laid down as a general rule that their confidence in
and obedience to a government will commonly be proportioned to the
goodness or badness of its administration. It must be admitted that
there are exceptions to this rule; but these exceptions depend so
entirely on accidental causes, that they cannot be considered as
having any relation to the intrinsic merits or demerits of a
constitution. These can only be judged of by general principles and
maxims.
OOOOVarious reasons have been suggested,
in the course of these papers, to induce a probability that the
general government will be better administered than the particular
governments; the principal of which reasons are that the extension of
the spheres of election will present a greater option, or latitude of
choice, to the people; that through the medium of the State
legislatures which are select bodies of men, and which are to appoint
the members of the national Senate there is reason to expect that this
branch will generally be composed with peculiar care and judgment;
that these circumstances promise greater knowledge and more extensive
information in the national councils, and that they will be less apt
to be tainted by the spirit of faction, and more out of the reach of
those occasional ill-humors, or temporary prejudices and propensities,
which, in smaller societies, frequently contaminate the public
councils, beget injustice and oppression of a part of the community,
and engender schemes which, though they gratify a momentary
inclination or desire, terminate in general distress, dissatisfaction,
and disgust. Several additional reasons of considerable force, to
fortify that probability, will occur when we come to survey, with a
more critical eye, the interior structure of the edifice which we are
invited to erect. It will be sufficient here to remark, that until
satisfactory reasons can be assigned to justify an opinion, that the
federal government is likely to be administered in such a manner as to
render it odious or contemptible to the people, there can be no
reasonable foundation for the supposition that the laws of the Union
will meet with any greater obstruction from them, or will stand in
need of any other methods to enforce their execution, than the laws of
the particular members.
OOOOThe hope of impunity is a strong
incitement to sedition; the dread of punishment, a proportionably
strong discouragement to it. Will not the government of the Union,
which, if possessed of a due degree of power, can call to its aid the
collective resources of the whole Confederacy, be more likely to
repress the FORMER sentiment and to inspire the LATTER, than that of a
single State, which can only command the resources within itself? A
turbulent faction in a State may easily suppose itself able to contend
with the friends to the government in that State; but it can hardly be
so infatuated as to imagine itself a match for the combined efforts of
the Union. If this reflection be just, there is less danger of
resistance from irregular combinations of individuals to the authority
of the Confederacy than to that of a single member.
OOOOI will, in this place, hazard an
observation, which will not be the less just because to some it may
appear new; which is, that the more the operations of the national
authority are intermingled in the ordinary exercise of government, the
more the citizens are accustomed to meet with it in the common
occurrences of their political life, the more it is familiarized to
their sight and to their feelings, the further it enters into those
objects which touch the most sensible chords and put in motion the
most active springs of the human heart, the greater will be the
probability that it will conciliate the respect and attachment of the
community. Man is very much a creature of habit. A thing that rarely
strikes his senses will generally have but little influence upon his
mind. A government continually at a distance and out of sight can
hardly be expected to interest the sensations of the people. The
inference is, that the authority of the Union, and the affections of
the citizens towards it, will be strengthened, rather than weakened,
by its extension to what are called matters of internal concern; and
will have less occasion to recur to force, in proportion to the
familiarity and comprehensiveness of its agency. The more it
circulates through those channls and currents in which the passions of
mankind naturally flow, the less will it require the aid of the
violent and perilous expedients of compulsion.
OOOOOne thing, at all events, must be
evident, that a government like the one proposed would bid much fairer
to avoid the necessity of using force, than that species of league
contend for by most of its opponents; the authority of which should
only operate upon the States in their political or collective
capacities. It has been shown that in such a Confederacy there can be
no sanction for the laws but force; that frequent delinquencies in the
members are the natural offspring of the very frame of the
government; and that as often as these happen, they can only be
redressed, if at all, by war and violence.
OOOOThe plan reported by the convention,
by extending the authority of the federal head to the individual
citizens of the several States, will enable the government to employ
the ordinary magistracy of each, in the execution of its laws. It is
easy to perceive that this will tend to destroy, in the common
apprehension, all distinction between the sources from which they
might proceed; and will give the federal government the same advantage
for securing a due obedience to its authority which is enjoyed by the
government of each State, in addition to the influence on public
opinion which will result from the important consideration of its
having power to call to its assistance and support the resources of
the whole Union. It merits particular attention in this place, that
the laws of the Confederacy, as to the ENUMERATED and LEGITIMATE
objects of its jurisdiction, will become the SUPREME LAW of the land;
to the observance of which all officers, legislative, executive, and
judicial, in each State, will be bound by the sanctity of an oath.
Thus the legislatures, courts, and magistrates, of the respective
members, will be incorporated into the operations of the national
government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY EXTENDS;
and will be rendered auxiliary to the enforcement of its laws.
1 Any man who will pursue, by his own reflections,
the consequences of this situation, will perceive that there is good
ground to calculate upon a regular and peaceable execution of the laws
of the Union, if its powers are administered with a common share of
prudence. If we will arbitrarily suppose the contrary, we may deduce
any inferences we please from the supposition; for it is certainly
possible, by an injudicious exercise of the authorities of the best
government that ever was, or ever can be instituted, to provoke and
precipitate the people into the wildest excesses. But though the
adversaries of the proposed Constitution should presume that the
national rulers would be insensible to the motives of public good, or
to the obligations of duty, I would still ask them how the interests
of ambition, or the views of encroachment, can be promoted by such a
conduct?
OOOOPUBLIUS.
1.
The sophistry which has been employed to show that this will tend to
the destruction of the State governments, will, in its will, in its
proper place, be fully detected.
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