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To the People of
the State of New York:
OOOOWE HAVE seen that the result of the
observations, to which the foregoing number has been principally
devoted, is, that from the natural operation of the different
interests and views of the various classes of the community, whether
the representation of the people be more or less numerous, it will
consist almost entirely of proprietors of land, of merchants, and of
members of the learned professions, who will truly represent all those
different interests and views. If it should be objected that we have
seen other descriptions of men in the local legislatures, I answer
that it is admitted there are exceptions to the rule, but not in
sufficient number to influence the general complexion or character of
the government. There are strong minds in every walk of life that will
rise superior to the disadvantages of situation, and will command the
tribute due to their merit, not only from the classes to which they
particularly belong, but from the society in general. The door ought
to be equally open to all; and I trust, for the credit of human
nature, that we shall see examples of such vigorous plants flourishing
in the soil of federal as well as of State legislation; but occasional
instances of this sort will not render the reasoning founded upon the
general course of things, less conclusive.
OOOOThe subject might be placed in
several other lights that would all lead to the same result; and in
particular it might be asked, What greater affinity or relation of
interest can be conceived between the carpenter and blacksmith, and
the linen manufacturer or stocking weaver, than between the merchant
and either of them? It is notorious that there are often as great
rivalships between different branches of the mechanic or manufacturing
arts as there are between any of the departments of labor and
industry; so that, unless the representative body were to be far more
numerous than would be consistent with any idea of regularity or
wisdom in its deliberations, it is impossible that what seems to be
the spirit of the objection we have been considering should ever be
realized in practice. But I forbear to dwell any longer on a matter
which has hitherto worn too loose a garb to admit even of an accurate
inspection of its real shape or tendency.
OOOOThere is another objection of a
somewhat more precise nature that claims our attention. It has been
asserted that a power of internal taxation in the national legislature
could never be exercised with advantage, as well from the want of a
sufficient knowledge of local circumstances, as from an interference
between the revenue laws of the Union and of the particular States.
The supposition of a want of proper knowledge seems to be entirely
destitute of foundation. If any question is depending in a State
legislature respecting one of the counties, which demands a knowledge
of local details, how is it acquired? No doubt from the information of
the members of the county. Cannot the like knowledge be obtained in
the national legislature from the representatives of each State? And
is it not to be presumed that the men who will generally be sent there
will be possessed of the necessary degree of intelligence to be able
to communicate that information? Is the knowledge of local
circumstances, as applied to taxation, a minute topographical
acquaintance with all the mountains, rivers, streams, highways, and
bypaths in each State; or is it a general acquaintance with its
situation and resources, with the state of its agriculture, commerce,
manufactures, with the nature of its products and consumptions, with
the different degrees and kinds of its wealth, property, and industry?
OOOONations in general, even under
governments of the more popular kind, usually commit the
administration of their finances to single men or to boards composed
of a few individuals, who digest and prepare, in the first instance,
the plans of taxation, which are afterwards passed into laws by the
authority of the sovereign or legislature.
OOOOInquisitive and enlightened
statesmen are deemed everywhere best qualified to make a judicious
selection of the objects proper for revenue; which is a clear
indication, as far as the sense of mankind can have weight in the
question, of the species of knowledge of local circumstances requisite
to the purposes of taxation. The taxes intended to be comprised under
the general denomination of internal taxes may be subdivided into
those of the DIRECT and those of the INDIRECT kind. Though the
objection be made to both, yet the reasoning upon it seems to be
confined to the former branch. And indeed, as to the latter, by which
must be understood duties and excises on articles of consumption, one
is at a loss to conceive what can be the nature of the difficulties
apprehended. The knowledge relating to them must evidently be of a
kind that will either be suggested by the nature of the article
itself, or can easily be procured from any well-informed man,
especially of the mercantile class. The circumstances that may
distinguish its situation in one State from its situation in another
must be few, simple, and easy to be comprehended. The principal thing
to be attended to, would be to avoid those articles which had been
previously appropriated to the use of a particular State; and there
could be no difficulty in ascertaining the revenue system of each.
This could always be known from the respective codes of laws, as well
as from the information of the members from the several States.
OOOOThe objection, when applied to real
property or to houses and lands, appears to have, at first sight, more
foundation, but even in this view it will not bear a close
examination. Land taxes are commonly laid in one of two modes, either
by ACTUAL valuations, permanent or periodical, or by OCCASIONAL
assessments, at the discretion, or according to the best judgment, of
certain officers whose duty it is to make them. In either case, the
EXECUTION of the business, which alone requires the knowledge of local
details, must be devolved upon discreet persons in the character of
commissioners or assessors, elected by the people or appointed by the
government for the purpose. All that the law can do must be to name
the persons or to prescribe the manner of their election or
appointment, to fix their numbers and qualifications and to draw the
general outlines of their powers and duties. And what is there in all
this that cannot as well be performed by the national legislature as
by a State legislature? The attention of either can only reach to
general principles; local details, as already observed, must be
referred to those who are to execute the plan.
OOOOBut there is a simple point of view
in which this matter may be placed that must be altogether
satisfactory. The national legislature can make use of the SYSTEM OF
EACH STATE WITHIN THAT STATE. The method of laying and collecting this
species of taxes in each State can, in all its parts, be adopted and
employed by the federal government.
OOOOLet it be recollected that the
proportion of these taxes is not to be left to the discretion of the
national legislature, but is to be determined by the numbers of each
State, as described in the second section of the first article. An
actual census or enumeration of the people must furnish the rule, a
circumstance which effectually shuts the door to partiality or
oppression. The abuse of this power of taxation seems to have been
provided against with guarded circumspection. In addition to the
precaution just mentioned, there is a provision that "all duties,
imposts, and excises shall be UNIFORM throughout the United States.''
OOOOIt has been very properly observed
by different speakers and writers on the side of the Constitution,
that if the exercise of the power of internal taxation by the Union
should be discovered on experiment to be really inconvenient, the
federal government may then forbear the use of it, and have recourse
to requisitions in its stead. By way of answer to this, it has been
triumphantly asked, Why not in the first instance omit that ambiguous
power, and rely upon the latter resource? Two solid answers may be
given. The first is, that the exercise of that power, if convenient,
will be preferable, because it will be more effectual; and it is
impossible to prove in theory, or otherwise than by the experiment,
that it cannot be advantageously exercised. The contrary, indeed,
appears most probable. The second answer is, that the existence of
such a power in the Constitution will have a strong influence in
giving efficacy to requisitions. When the States know that the Union
can apply itself without their agency, it will be a powerful motive
for exertion on their part.
OOOOAs to the interference of the
revenue laws of the Union, and of its members, we have already seen
that there can be no clashing or repugnancy of authority. The laws
cannot, therefore, in a legal sense, interfere with each other; and it
is far from impossible to avoid an interference even in the policy of
their different systems. An effectual expedient for this purpose will
be, mutually, to abstain from those objects which either side may have
first had recourse to. As neither can CONTROL the other, each will
have an obvious and sensible interest in this reciprocal forbearance.
And where there is an IMMEDIATE common interest, we may safely count
upon its operation. When the particular debts of the States are done
away, and their expenses come to be limited within their natural
compass, the possibility almost of interference will vanish. A small
land tax will answer the purpose of the States, and will be their most
simple and most fit resource.
OOOOMany spectres have been raised out
of this power of internal taxation, to excite the apprehensions of the
people: double sets of revenue officers, a duplication of their
burdens by double taxations, and the frightful forms of odious and
oppressive poll-taxes, have been played off with all the ingenious
dexterity of political legerdemain.
OOOOAs to the first point, there are two
cases in which there can be no room for double sets of officers: one,
where the right of imposing the tax is exclusively vested in the
Union, which applies to the duties on imports; the other, where the
object has not fallen under any State regulation or provision, which
may be applicable to a variety of objects. In other cases, the
probability is that the United States will either wholly abstain from
the objects preoccupied for local purposes, or will make use of the
State officers and State regulations for collecting the additional
imposition. This will best answer the views of revenue, because it
will save expense in the collection, and will best avoid any occasion
of disgust to the State governments and to the people. At all events,
here is a practicable expedient for avoiding such an inconvenience;
and nothing more can be required than to show that evils predicted to
not necessarily result from the plan.
OOOOAs to any argument derived from a
supposed system of influence, it is a sufficient answer to say that it
ought not to be presumed; but the supposition is susceptible of a more
precise answer. If such a spirit should infest the councils of the
Union, the most certain road to the accomplishment of its aim would be
to employ the State officers as much as possible, and to attach them
to the Union by an accumulation of their emoluments. This would serve
to turn the tide of State influence into the channels of the national
government, instead of making federal influence flow in an opposite
and adverse current. But all suppositions of this kind are invidious,
and ought to be banished from the consideration of the great question
before the people. They can answer no other end than to cast a mist
over the truth.
OOOOAs to the suggestion of double
taxation, the answer is plain. The wants of the Union are to be
supplied in one way or another; if to be done by the authority of the
federal government, it will not be to be done by that of the State
government. The quantity of taxes to be paid by the community must be
the same in either case; with this advantage, if the provision is to
be made by the Union that the capital resource of commercial imposts,
which is the most convenient branch of revenue, can be prudently
improved to a much greater extent under federal than under State
regulation, and of course will render it less necessary to recur to
more inconvenient methods; and with this further advantage, that as
far as there may be any real difficulty in the exercise of the power
of internal taxation, it will impose a disposition to greater care in
the choice and arrangement of the means; and must naturally tend to
make it a fixed point of policy in the national administration to go
as far as may be practicable in making the luxury of the rich
tributary to the public treasury, in order to diminish the necessity
of those impositions which might create dissatisfaction in the poorer
and most numerous classes of the society. Happy it is when the
interest which the government has in the preservation of its own
power, coincides with a proper distribution of the public burdens, and
tends to guard the least wealthy part of the community from
oppression!
OOOOAs to poll taxes, I, without
scruple, confess my disapprobation of them; and though they have
prevailed from an early period in those States 1
which have uniformly been the most tenacious of their rights, I should
lament to see them introduced into practice under the national
government. But does it follow because there is a power to lay them
that they will actually be laid? Every State in the Union has power to
impose taxes of this kind; and yet in several of them they are unknown
in practice. Are the State governments to be stigmatized as tyrannies,
because they possess this power? If they are not, with what propriety
can the like power justify such a charge against the national
government, or even be urged as an obstacle to its adoption? As little
friendly as I am to the species of imposition, I still feel a thorough
conviction that the power of having recourse to it ought to exist in
the federal government. There are certain emergencies of nations, in
which expedients, that in the ordinary state of things ought to be
forborne, become essential to the public weal. And the government,
from the possibility of such emergencies, ought ever to have the
option of making use of them. The real scarcity of objects in this
country, which may be considered as productive sources of revenue, is
a reason peculiar to itself, for not abridging the discretion of the
national councils in this respect. There may exist certain critical
and tempestuous conjunctures of the State, in which a poll tax may
become an inestimable resource. And as I know nothing to exempt this
portion of the globe from the common calamities that have befallen
other parts of it, I acknowledge my aversion to every project that is
calculated to disarm the government of a single weapon, which in any
possible contingency might be usefully employed for the general
defense and security.
OOOOI have now gone through the
examination of such of the powers proposed to be vested in the United
States, which may be considered as having an immediate relation to the
energy of the government; and have endeavored to answer the principal
objections which have been made to them. I have passed over in silence
those minor authorities, which are either too inconsiderable to have
been thought worthy of the hostilities of the opponents of the
Constitution, or of too manifest propriety to admit of controversy.
The mass of judiciary power, however, might have claimed an
investigation under this head, had it not been for the consideration
that its organization and its extent may be more advantageously
considered in connection. This has determined me to refer it to the
branch of our inquiries upon which we shall next enter.
OOOOPUBLIUS.
1.
The New England States.
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