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To the People of the State of New York:
OOOOIN DISQUISITIONS of every kind,
there are certain primary truths, or first principles, upon which all
subsequent reasonings must depend. These contain an internal evidence
which, antecedent to all reflection or combination, commands the
assent of the mind. Where it produces not this effect, it must proceed
either from some defect or disorder in the organs of perception, or
from the influence of some strong interest, or passion, or prejudice.
Of this nature are the maxims in geometry, that "the whole is
greater than its part; things equal to the same are equal to one
another; two straight lines cannot enclose a space; and all right
angles are equal to each other.'' Of the same nature are these other
maxims in ethics and politics, that there cannot be an effect without
a cause; that the means ought to be proportioned to the end; that
every power ought to be commensurate with its object; that there ought
to be no limitation of a power destined to effect a purpose which is
itself incapable of limitation. And there are other truths in the two
latter sciences which, if they cannot pretend to rank in the class of
axioms, are yet such direct inferences from them, and so obvious in
themselves, and so agreeable to the natural and unsophisticated
dictates of common-sense, that they challenge the assent of a sound
and unbiased mind, with a degree of force and conviction almost
equally irresistible.
OOOOThe objects of geometrical inquiry
are so entirely abstracted from those pursuits which stir up and put
in motion the unruly passions of the human heart, that mankind,
without difficulty, adopt not only the more simple theorems of the
science, but even those abstruse paradoxes which, however they may
appear susceptible of demonstration, are at variance with the natural
conceptions which the mind, without the aid of philosophy, would be
led to entertain upon the subject. The INFINITE DIVISIBILITY of
matter, or, in other words, the INFINITE divisibility of a FINITE
thing, extending even to the minutest atom, is a point agreed among
geometricians, though not less incomprehensible to common-sense than
any of those mysteries in religion, against which the batteries of
infidelity have been so industriously leveled.
OOOOBut in the sciences of morals and
politics, men are found far less tractable. To a certain degree, it is
right and useful that this should be the case. Caution and
investigation are a necessary armor against error and imposition. But
this untractableness may be carried too far, and may degenerate into
obstinacy, perverseness, or disingenuity. Though it cannot be
pretended that the principles of moral and political knowledge have,
in general, the same degree of certainty with those of the
mathematics, yet they have much better claims in this respect than, to
judge from the conduct of men in particular situations, we should be
disposed to allow them. The obscurity is much oftener in the passions
and prejudices of the reasoner than in the subject. Men, upon too many
occasions, do not give their own understandings fair play; but,
yielding to some untoward bias, they entangle themselves in words and
confound themselves in subtleties.
OOOOHow else could it happen (if we
admit the objectors to be sincere in their opposition), that positions
so clear as those which manifest the necessity of a general power of
taxation in the government of the Union, should have to encounter any
adversaries among men of discernment? Though these positions have been
elsewhere fully stated, they will perhaps not be improperly
recapitulated in this place, as introductory to an examination of what
may have been offered by way of objection to them. They are in
substance as follows:
OOOOA government ought to contain in
itself every power requisite to the full accomplishment of the objects
committed to its care, and to the complete execution of the trusts for
which it is responsible, free from every other control but a regard to
the public good and to the sense of the people.
OOOOAs the duties of superintending the
national defense and of securing the public peace against foreign or
domestic violence involve a provision for casualties and dangers to
which no possible limits can be assigned, the power of making that
provision ought to know no other bounds than the exigencies of the
nation and the resources of the community.
OOOOAs revenue is the essential engine
by which the means of answering the national exigencies must be
procured, the power of procuring that article in its full extent must
necessarily be comprehended in that of providing for those exigencies.
OOOOAs theory and practice conspire to
prove that the power of procuring revenue is unavailing when exercised
over the States in their collective capacities, the federal government
must of necessity be invested with an unqualified power of taxation in
the ordinary modes.
OOOODid not experience evince the
contrary, it would be natural to conclude that the propriety of a
general power of taxation in the national government might safely be
permitted to rest on the evidence of these propositions, unassisted by
any additional arguments or illustrations. But we find, in fact, that
the antagonists of the proposed Constitution, so far from acquiescing
in their justness or truth, seem to make their principal and most
zealous effort against this part of the plan. It may therefore be
satisfactory to analyze the arguments with which they combat it.
OOOOThose of them which have been most
labored with that view, seem in substance to amount to this: "It
is not true, because the exigencies of the Union may not be
susceptible of limitation, that its power of laying taxes ought to be
unconfined. Revenue is as requisite to the purposes of the local
administrations as to those of the Union; and the former are at least
of equal importance with the latter to the happiness of the people. It
is, therefore, as necessary that the State governments should be able
to command the means of supplying their wants, as that the national
government should possess the like faculty in respect to the wants of
the Union. But an indefinite power of taxation in the LATTER might,
and probably would in time, deprive the FORMER of the means of
providing for their own necessities; and would subject them entirely
to the mercy of the national legislature. As the laws of the Union are
to become the supreme law of the land, as it is to have power to pass
all laws that may be NECESSARY for carrying into execution the
authorities with which it is proposed to vest it, the national
government might at any time abolish the taxes imposed for State
objects upon the pretense of an interference with its own. It might
allege a necessity of doing this in order to give efficacy to the
national revenues. And thus all the resources of taxation might by
degrees become the subjects of federal monopoly, to the entire
exclusion and destruction of the State governments.''
OOOO This mode of reasoning appears
sometimes to turn upon the supposition of usurpation in the national
government; at other times it seems to be designed only as a deduction
from the constitutional operation of its intended powers. It is only
in the latter light that it can be admitted to have any pretensions to
fairness. The moment we launch into conjectures about the usurpations
of the federal government, we get into an unfathomable abyss, and
fairly put ourselves out of the reach of all reasoning. Imagination
may range at pleasure till it gets bewildered amidst the labyrinths of
an enchanted castle, and knows not on which side to turn to extricate
itself from the perplexities into which it has so rashly adventured.
Whatever may be the limits or modifications of the powers of the
Union, it is easy to imagine an endless train of possible dangers; and
by indulging an excess of jealousy and timidity, we may bring
ourselves to a state of absolute scepticism and irresolution. I repeat
here what I have observed in substance in another place, that all
observations founded upon the danger of usurpation ought to be
referred to the composition and structure of the government, not to
the nature or extent of its powers. The State governments, by their
original constitutions, are invested with complete sovereignty. In
what does our security consist against usurpation from that quarter?
Doubtless in the manner of their formation, and in a due dependence of
those who are to administer them upon the people. If the proposed
construction of the federal government be found, upon an impartial
examination of it, to be such as to afford, to a proper extent, the
same species of security, all apprehensions on the score of usurpation
ought to be discarded.
OOOO It should not be forgotten that a
disposition in the State governments to encroach upon the rights of
the Union is quite as probable as a disposition in the Union to
encroach upon the rights of the State governments. What side would be
likely to prevail in such a conflict, must depend on the means which
the contending parties could employ toward insuring success. As in
republics strength is always on the side of the people, and as there
are weighty reasons to induce a belief that the State governments will
commonly possess most influence over them, the natural conclusion is
that such contests will be most apt to end to the disadvantage of the
Union; and that there is greater probability of encroachments by the
members upon the federal head, than by the federal head upon the
members. But it is evident that all conjectures of this kind must be
extremely vague and fallible: and that it is by far the safest course
to lay them altogether aside, and to confine our attention wholly to
the nature and extent of the powers as they are delineated in the
Constitution. Every thing beyond this must be left to the prudence and
firmness of the people; who, as they will hold the scales in their own
hands, it is to be hoped, will always take care to preserve the
constitutional equilibrium between the general and the State
governments. Upon this ground, which is evidently the true one, it
will not be difficult to obviate the objections which have been made
to an indefinite power of taxation in the United States.
OOOOPUBLIUS.
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