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To the People of
the State of New York:
OOOORESUMING the subject of the last
paper, I proceed to inquire whether the federal government or the
State governments will have the advantage with regard to the
predilection and support of the people. Notwithstanding the different
modes in which they are appointed, we must consider both of them as
substantially dependent on the great body of the citizens of the
United States. I assume this position here as it respects the first,
reserving the proofs for another place. The federal and State
governments are in fact but different agents and trustees of the
people, constituted with different powers, and designed for different
purposes. The adversaries of the Constitution seem to have lost sight
of the people altogether in their reasonings on this subject; and to
have viewed these different establishments, not only as mutual rivals
and enemies, but as uncontrolled by any common superior in their
efforts to usurp the authorities of each other. These gentlemen must
here be reminded of their error. They must be told that the ultimate
authority, wherever the derivative may be found, resides in the people
alone, and that it will not depend merely on the comparative ambition
or address of the different governments, whether either, or which of
them, will be able to enlarge its sphere of jurisdiction at the
expense of the other.
OOOOTruth, no less than decency,
requires that the event in every case should be supposed to depend on
the sentiments and sanction of their common constituents. Many
considerations, besides those suggested on a former occasion, seem to
place it beyond doubt that the first and most natural attachment of
the people will be to the governments of their respective States. Into
the administration of these a greater number of individuals will
expect to rise. From the gift of these a greater number of offices and
emoluments will flow. By the superintending care of these, all the
more domestic and personal interests of the people will be regulated
and provided for. With the affairs of these, the people will be more
familiarly and minutely conversant. And with the members of these,
will a greater proportion of the people have the ties of personal
acquaintance and friendship, and of family and party attachments; on
the side of these, therefore, the popular bias may well be expected
most strongly to incline. Experience speaks the same language in this
case. The federal administration, though hitherto very defective in
comparison with what may be hoped under a better system, had, during
the war, and particularly whilst the independent fund of paper
emissions was in credit, an activity and importance as great as it can
well have in any future circumstances whatever. It was engaged, too,
in a course of measures which had for their object the protection of
everything that was dear, and the acquisition of everything that could
be desirable to the people at large.
OOOOIt was, nevertheless, invariably
found, after the transient enthusiasm for the early Congresses was
over, that the attention and attachment of the people were turned anew
to their own particular governments; that the federal council was at
no time the idol of popular favor; and that opposition to proposed
enlargements of its powers and importance was the side usually taken
by the men who wished to build their political consequence on the
prepossessions of their fellow-citizens. If, therefore, as has been
elsewhere remarked, the people should in future become more partial to
the federal than to the State governments, the change can only result
from such manifest and irresistible proofs of a better administration,
as will overcome all their antecedent propensities. And in that case,
the people ought not surely to be precluded from giving most of their
confidence where they may discover it to be most due; but even in that
case the State governments could have little to apprehend, because it
is only within a certain sphere that the federal power can, in the
nature of things, be advantageously administered. The remaining points
on which I propose to compare the federal and State governments, are
the disposition and the faculty they may respectively possess, to
resist and frustrate the measures of each other. It has been already
proved that the members of the federal will be more dependent on the
members of the State governments, than the latter will be on the
former.
OOOOIt has appeared also, that the
prepossessions of the people, on whom both will depend, will be more
on the side of the State governments, than of the federal government.
So far as the disposition of each towards the other may be influenced
by these causes, the State governments must clearly have the
advantage. But in a distinct and very important point of view, the
advantage will lie on the same side. The prepossessions, which the
members themselves will carry into the federal government, will
generally be favorable to the States; whilst it will rarely happen,
that the members of the State governments will carry into the public
councils a bias in favor of the general government. A local spirit
will infallibly prevail much more in the members of Congress, than a
national spirit will prevail in the legislatures of the particular
States.
OOOOEvery one knows that a great
proportion of the errors committed by the State legislatures proceeds
from the disposition of the members to sacrifice the comprehensive and
permanent interest of the State, to the particular and separate views
of the counties or districts in which they reside. And if they do not
sufficiently enlarge their policy to embrace the collective welfare of
their particular State, how can it be imagined that they will make the
aggregate prosperity of the Union, and the dignity and respectability
of its government, the objects of their affections and consultations?
For the same reason that the members of the State legislatures will be
unlikely to attach themselves sufficiently to national objects, the
members of the federal legislature will be likely to attach themselves
too much to local objects. The States will be to the latter what
counties and towns are to the former. Measures will too often be
decided according to their probable effect, not on the national
prosperity and happiness, but on the prejudices, interests, and
pursuits of the governments and people of the individual States. What
is the spirit that has in general characterized the proceedings of
Congress? A perusal of their journals, as well as the candid
acknowledgments of such as have had a seat in that assembly, will
inform us, that the members have but too frequently displayed the
character, rather of partisans of their respective States, than of
impartial guardians of a common interest; that where on one occasion
improper sacrifices have been made of local considerations, to the
aggrandizement of the federal government, the great interests of the
nation have suffered on a hundred, from an undue attention to the
local prejudices, interests, and views of the particular States.
OOOOI mean not by these reflections to
insinuate, that the new federal government will not embrace a more
enlarged plan of policy than the existing government may have pursued;
much less, that its views will be as confined as those of the State
legislatures; but only that it will partake sufficiently of the spirit
of both, to be disinclined to invade the rights of the individual
States, or the preorgatives of their governments. The motives on the
part of the State governments, to augment their prerogatives by
defalcations from the federal government, will be overruled by no
reciprocal predispositions in the members. Were it admitted, however,
that the Federal government may feel an equal disposition with the
State governments to extend its power beyond the due limits, the
latter would still have the advantage in the means of defeating such
encroachments. If an act of a particular State, though unfriendly to
the national government, be generally popular in that State and should
not too grossly violate the oaths of the State officers, it is
executed immediately and, of course, by means on the spot and
depending on the State alone. The opposition of the federal
government, or the interposition of federal officers, would but
inflame the zeal of all parties on the side of the State, and the evil
could not be prevented or repaired, if at all, without the employment
of means which must always be resorted to with reluctance and
difficulty.
OOOOOn the other hand, should an
unwarrantable measure of the federal government be unpopular in
particular States, which would seldom fail to be the case, or even a
warrantable measure be so, which may sometimes be the case, the means
of opposition to it are powerful and at hand. The disquietude of the
people; their repugnance and, perhaps, refusal to co-operate with the
officers of the Union; the frowns of the executive magistracy of the
State; the embarrassments created by legislative devices, which would
often be added on such occasions, would oppose, in any State,
difficulties not to be despised; would form, in a large State, very
serious impediments; and where the sentiments of several adjoining
States happened to be in unison, would present obstructions which the
federal government would hardly be willing to encounter. But ambitious
encroachments of the federal government, on the authority of the State
governments, would not excite the opposition of a single State, or of
a few States only. They would be signals of general alarm. Every
government would espouse the common cause. A correspondence would be
opened. Plans of resistance would be concerted. One spirit would
animate and conduct the whole. The same combinations, in short, would
result from an apprehension of the federal, as was produced by the
dread of a foreign, yoke; and unless the projected innovations should
be voluntarily renounced, the same appeal to a trial of force would be
made in the one case as was made in the other. But what degree of
madness could ever drive the federal government to such an extremity.
In the contest with Great Britain, one part of the empire was employed
against the other. The more numerous part invaded the rights of the
less numerous part. The attempt was unjust and unwise; but it was not
in speculation absolutely chimerical. But what would be the contest in
the case we are supposing? Who would be the parties? A few
representatives of the people would be opposed to the people
themselves; or rather one set of representatives would be contending
against thirteen sets of representatives, with the whole body of their
common constituents on the side of the latter.
OOOOThe only refuge left for those who
prophesy the downfall of the State governments is the visionary
supposition that the federal government may previously accumulate a
military force for the projects of ambition. The reasonings contained
in these papers must have been employed to little purpose indeed, if
it could be necessary now to disprove the reality of this danger. That
the people and the States should, for a sufficient period of time,
elect an uninterupted succession of men ready to betray both; that the
traitors should, throughout this period, uniformly and systematically
pursue some fixed plan for the extension of the military
establishment; that the governments and the people of the States
should silently and patiently behold the gathering storm, and continue
to supply the materials, until it should be prepared to burst on their
own heads, must appear to every one more like the incoherent dreams of
a delirious jealousy, or the misjudged exaggerations of a counterfeit
zeal, than like the sober apprehensions of genuine patriotism.
OOOOExtravagant as the supposition is,
let it however be made. Let a regular army, fully equal to the
resources of the country, be formed; and let it be entirely at the
devotion of the federal government; still it would not be going too
far to say, that the State governments, with the people on their side,
would be able to repel the danger. The highest number to which,
according to the best computation, a standing army can be carried in
any country, does not exceed one hundredth part of the whole number of
souls; or one twenty-fifth part of the number able to bear arms. This
proportion would not yield, in the United States, an army of more than
twenty-five or thirty thousand men. To these would be opposed a
militia amounting to near half a million of citizens with arms in
their hands, officered by men chosen from among themselves, fighting
for their common liberties, and united and conducted by governments
possessing their affections and confidence. It may well be doubted,
whether a militia thus circumstanced could ever be conquered by such a
proportion of regular troops. Those who are best acquainted with the
last successful resistance of this country against the British arms,
will be most inclined to deny the possibility of it. Besides the
advantage of being armed, which the Americans possess over the people
of almost every other nation, the existence of subordinate
governments, to which the people are attached, and by which the
militia officers are appointed, forms a barrier against the
enterprises of ambition, more insurmountable than any which a simple
government of any form can admit of. Notwithstanding the military
establishments in the several kingdoms of Europe, which are carried as
far as the public resources will bear, the governments are afraid to
trust the people with arms. And it is not certain, that with this aid
alone they would not be able to shake off their yokes. But were the
people to possess the additional advantages of local governments
chosen by themselves, who could collect the national will and direct
the national force, and of officers appointed out of the militia, by
these governments, and attached both to them and to the militia, it
may be affirmed with the greatest assurance, that the throne of every
tyranny in Europe would be speedily overturned in spite of the legions
which surround it.
OOOOLet us not insult the free and
gallant citizens of America with the suspicion, that they would be
less able to defend the rights of which they would be in actual
possession, than the debased subjects of arbitrary power would be to
rescue theirs from the hands of their oppressors. Let us rather no
longer insult them with the supposition that they can ever reduce
themselves to the necessity of making the experiment, by a blind and
tame submission to the long train of insidious measures which must
precede and produce it. The argument under the present head may be put
into a very concise form, which appears altogether conclusive. Either
the mode in which the federal government is to be constructed will
render it sufficiently dependent on the people, or it will not. On the
first supposition, it will be restrained by that dependence from
forming schemes obnoxious to their constituents. On the other
supposition, it will not possess the confidence of the people, and its
schemes of usurpation will be easily defeated by the State
governments, who will be supported by the people. On summing up the
considerations stated in this and the last paper, they seem to amount
to the most convincing evidence, that the powers proposed to be lodged
in the federal government are as little formidable to those reserved
to the individual States, as they are indispensably necessary to
accomplish the purposes of the Union; and that all those alarms which
have been sounded, of a meditated and consequential annihilation of
the State governments, must, on the most favorable interpretation, be
ascribed to the chimerical fears of the authors of them.
OOOOPUBLIUS.
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