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To the People of
the State of New York:
OOOOHAVING shown that no one of the
powers transferred to the federal government is unnecessary or
improper, the next question to be considered is, whether the whole
mass of them will be dangerous to the portion of authority left in the
several States. The adversaries to the plan of the convention, instead
of considering in the first place what degree of power was absolutely
necessary for the purposes of the federal government, have exhausted
themselves in a secondary inquiry into the possible consequences of
the proposed degree of power to the governments of the particular
States. But if the Union, as has been shown, be essential to the
security of the people of America against foreign danger; if it be
essential to their security against contentions and wars among the
different States; if it be essential to guard them against those
violent and oppressive factions which embitter the blessings of
liberty, and against those military establishments which must
gradually poison its very fountain; if, in a word, the Union be
essential to the happiness of the people of America, is it not
preposterous, to urge as an objection to a government, without which
the objects of the Union cannot be attained, that such a government
may derogate from the importance of the governments of the individual
States? Was, then, the American Revolution effected, was the American
Confederacy formed, was the precious blood of thousands spilt, and the
hard-earned substance of millions lavished, not that the people of
America should enjoy peace, liberty, and safety, but that the
government of the individual States, that particular municipal
establishments, might enjoy a certain extent of power, and be arrayed
with certain dignities and attributes of sovereignty? We have heard of
the impious doctrine in the Old World, that the people were made for
kings, not kings for the people. Is the same doctrine to be revived in
the New, in another shape that the solid happiness of the people is to
be sacrificed to the views of political institutions of a different
form?
OOOOIt is too early for politicians to
presume on our forgetting that the public good, the real welfare of
the great body of the people, is the supreme object to be pursued; and
that no form of government whatever has any other value than as it may
be fitted for the attainment of this object. Were the plan of the
convention adverse to the public happiness, my voice would be, Reject
the plan. Were the Union itself inconsistent with the public
happiness, it would be, Abolish the Union. In like manner, as far as
the sovereignty of the States cannot be reconciled to the happiness of
the people, the voice of every good citizen must be, Let the former be
sacrificed to the latter. How far the sacrifice is necessary, has been
shown. How far the unsacrificed residue will be endangered, is the
question before us. Several important considerations have been touched
in the course of these papers, which discountenance the supposition
that the operation of the federal government will by degrees prove
fatal to the State governments. The more I revolve the subject, the
more fully I am persuaded that the balance is much more likely to be
disturbed by the preponderancy of the last than of the first scale.
OOOOWe have seen, in all the examples of
ancient and modern confederacies, the strongest tendency continually
betraying itself in the members, to despoil the general government of
its authorities, with a very ineffectual capacity in the latter to
defend itself against the encroachments. Although, in most of these
examples, the system has been so dissimilar from that under
consideration as greatly to weaken any inference concerning the latter
from the fate of the former, yet, as the States will retain, under the
proposed Constitution, a very extensive portion of active sovereignty,
the inference ought not to be wholly disregarded. In the Achaean
league it is probable that the federal head had a degree and species
of power, which gave it a considerable likeness to the government
framed by the convention. The Lycian Confederacy, as far as its
principles and form are transmitted, must have borne a still greater
analogy to it. Yet history does not inform us that either of them ever
degenerated, or tended to degenerate, into one consolidated
government. On the contrary, we know that the ruin of one of them
proceeded from the incapacity of the federal authority to prevent the
dissensions, and finally the disunion, of the subordinate authorities.
These cases are the more worthy of our attention, as the external
causes by which the component parts were pressed together were much
more numerous and powerful than in our case; and consequently less
powerful ligaments within would be sufficient to bind the members to
the head, and to each other.
OOOOIn the feudal system, we have seen a
similar propensity exemplified. Notwithstanding the want of proper
sympathy in every instance between the local sovereigns and the
people, and the sympathy in some instances between the general
sovereign and the latter, it usually happened that the local
sovereigns prevailed in the rivalship for encroachments. Had no
external dangers enforced internal harmony and subordination, and
particularly, had the local sovereigns possessed the affections of the
people, the great kingdoms in Europe would at this time consist of as
many independent princes as there were formerly feudatory barons. The
State government will have the advantage of the Federal government,
whether we compare them in respect to the immediate dependence of the
one on the other; to the weight of personal influence which each side
will possess; to the powers respectively vested in them; to the
predilection and probable support of the people; to the disposition
and faculty of resisting and frustrating the measures of each other.
The State governments may be regarded as constituent and essential
parts of the federal government; whilst the latter is nowise essential
to the operation or organization of the former. Without the
intervention of the State legislatures, the President of the United
States cannot be elected at all. They must in all cases have a great
share in his appointment, and will, perhaps, in most cases, of
themselves determine it. The Senate will be elected absolutely and
exclusively by the State legislatures. Even the House of
Representatives, though drawn immediately from the people, will be
chosen very much under the influence of that class of men, whose
influence over the people obtains for themselves an election into the
State legislatures. Thus, each of the principal branches of the
federal government will owe its existence more or less to the favor of
the State governments, and must consequently feel a dependence, which
is much more likely to beget a disposition too obsequious than too
overbearing towards them.
OOOOOn the other side, the component
parts of the State governments will in no instance be indebted for
their appointment to the direct agency of the federal government, and
very little, if at all, to the local influence of its members. The
number of individuals employed under the Constitution of the United
States will be much smaller than the number employed under the
particular States. There will consequently be less of personal
influence on the side of the former than of the latter. The members of
the legislative, executive, and judiciary departments of thirteen and
more States, the justices of peace, officers of militia, ministerial
officers of justice, with all the county, corporation, and town
officers, for three millions and more of people, intermixed, and
having particular acquaintance with every class and circle of people,
must exceed, beyond all proportion, both in number and influence,
those of every description who will be employed in the administration
of the federal system. Compare the members of the three great
departments of the thirteen States, excluding from the judiciary
department the justices of peace, with the members of the
corresponding departments of the single government of the Union;
compare the militia officers of three millions of people with the
military and marine officers of any establishment which is within the
compass of probability, or, I may add, of possibility, and in this
view alone, we may pronounce the advantage of the States to be
decisive. If the federal government is to have collectors of revenue,
the State governments will have theirs also. And as those of the
former will be principally on the seacoast, and not very numerous,
whilst those of the latter will be spread over the face of the
country, and will be very numerous, the advantage in this view also
lies on the same side.
OOOOIt is true, that the Confederacy is
to possess, and may exercise, the power of collecting internal as well
as external taxes throughout the States; but it is probable that this
power will not be resorted to, except for supplemental purposes of
revenue; that an option will then be given to the States to supply
their quotas by previous collections of their own; and that the
eventual collection, under the immediate authority of the Union, will
generally be made by the officers, and according to the rules,
appointed by the several States. Indeed it is extremely probable, that
in other instances, particularly in the organization of the judicial
power, the officers of the States will be clothed with the
correspondent authority of the Union. Should it happen, however, that
separate collectors of internal revenue should be appointed under the
federal government, the influence of the whole number would not bear a
comparison with that of the multitude of State officers in the
opposite scale. Within every district to which a federal collector
would be allotted, there would not be less than thirty or forty, or
even more, officers of different descriptions, and many of them
persons of character and weight, whose influence would lie on the side
of the State. The powers delegated by the proposed Constitution to the
federal government are few and defined. Those which are to remain in
the State governments are numerous and indefinite. The former will be
exercised principally on external objects, as war, peace, negotiation,
and foreign commerce; with which last the power of taxation will, for
the most part, be connected.
OOOOThe powers reserved to the several
States will extend to all the objects which, in the ordinary course of
affairs, concern the lives, liberties, and properties of the people,
and the internal order, improvement, and prosperity of the State. The
operations of the federal government will be most extensive and
important in times of war and danger; those of the State governments,
in times of peace and security. As the former periods will probably
bear a small proportion to the latter, the State governments will here
enjoy another advantage over the federal government. The more
adequate, indeed, the federal powers may be rendered to the national
defense, the less frequent will be those scenes of danger which might
favor their ascendancy over the governments of the particular States.
If the new Constitution be examined with accuracy and candor, it will
be found that the change which it proposes consists much less in the
addition of NEW POWERS to the Union, than in the invigoration of its
ORIGINAL POWERS. The regulation of commerce, it is true, is a new
power; but that seems to be an addition which few oppose, and from
which no apprehensions are entertained. The powers relating to war and
peace, armies and fleets, treaties and finance, with the other more
considerable powers, are all vested in the existing Congress by the
articles of Confederation. The proposed change does not enlarge these
powers; it only substitutes a more effectual mode of administering
them.
OOOOThe change relating to taxation may
be regarded as the most important; and yet the present Congress have
as complete authority to REQUIRE of the States indefinite supplies of
money for the common defense and general welfare, as the future
Congress will have to require them of individual citizens; and the
latter will be no more bound than the States themselves have been, to
pay the quotas respectively taxed on them. Had the States complied
punctually with the articles of Confederation, or could their
compliance have been enforced by as peaceable means as may be used
with success towards single persons, our past experience is very far
from countenancing an opinion, that the State governments would have
lost their constitutional powers, and have gradually undergone an
entire consolidation. To maintain that such an event would have
ensued, would be to say at once, that the existence of the State
governments is incompatible with any system whatever that accomplishes
the essental purposes of the Union.
OOOOPUBLIUS
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