prompt:
Chapter: The Same Subject Continued (Concerning the General Power of Taxation)

For the Independent Journal. Saturday, January 5, 1788

HAMILTON

To the People of the State of New York:

BEFORE we proceed to examine any other objections to an indefinite power
of taxation in the Union, I shall make one general remark; which is,
that if the jurisdiction of the national government, in the article of
revenue, should be restricted to particular objects, it would naturally
occasion an undue proportion of the public burdens to fall upon those
objects. Two evils would spring from this source: the oppression of
particular branches of industry; and an unequal distribution of the
taxes, as well among the several States as among the citizens of the
same State.

Suppose, as has been contended for, the federal power of taxation were
to be confined to duties on imports, it is evident that the government,
for want of being able to command other resources, would frequently be
tempted to extend these duties to an injurious excess. There are persons
who imagine that they can never be carried to too great a length; since
the higher they are, the more it is alleged they will tend to discourage
an extravagant consumption, to produce a favorable balance of trade,
and to promote domestic manufactures. But all extremes are pernicious
in various ways. Exorbitant duties on imported articles would beget a
general spirit of smuggling; which is always prejudicial to the fair
trader, and eventually to the revenue itself: they tend to render
other classes of the community tributary, in an improper degree, to the
manufacturing classes, to whom they give a premature monopoly of the
markets; they sometimes force industry out of its more natural channels
into others in which it flows with less advantage; and in the last
place, they oppress the merchant, who is often obliged to pay them
himself without any retribution from the consumer. When the demand is
equal to the quantity of goods at market, the consumer generally
pays the duty; but when the markets happen to be overstocked, a great
proportion falls upon the merchant, and sometimes not only exhausts
his profits, but breaks in upon his capital. I am apt to think that
a division of the duty, between the seller and the buyer, more often
happens than is commonly imagined. It is not always possible to raise
the price of a commodity in exact proportion to every additional
imposition laid upon it. The merchant, especially in a country of small
commercial capital, is often under a necessity of keeping prices down in
order to a more expeditious sale.

The maxim that the consumer is the payer, is so much oftener true than
the reverse of the proposition, that it is far more equitable that the
duties on imports should go into a common stock, than that they should
redound to the exclusive benefit of the importing States. But it is not
so generally true as to render it equitable, that those duties should
form the only national fund. When they are paid by the merchant they
operate as an additional tax upon the importing State, whose citizens
pay their proportion of them in the character of consumers. In this view
they are productive of inequality among the States; which inequality
would be increased with the increased extent of the duties. The
confinement of the national revenues to this species of imposts would
be attended with inequality, from a different cause, between the
manufacturing and the non-manufacturing States. The States which can
go farthest towards the supply of their own wants, by their own
manufactures, will not, according to their numbers or wealth, consume so
great a proportion of imported articles as those States which are not
in the same favorable situation. They would not, therefore, in this mode
alone contribute to the public treasury in a ratio to their abilities.
To make them do this it is necessary that recourse be had to excises,
the proper objects of which are particular kinds of manufactures. New
York is more deeply interested in these considerations than such of
her citizens as contend for limiting the power of the Union to external
taxation may be aware of. New York is an importing State, and is not
likely speedily to be, to any great extent, a manufacturing State.
She would, of course, suffer in a double light from restraining the
jurisdiction of the Union to commercial imposts.

So far as these observations tend to inculcate a danger of the import
duties being extended to an injurious extreme it may be observed,
conformably to a remark made in another part of these papers, that the
interest of the revenue itself would be a sufficient guard against such
an extreme. I readily admit that this would be the case, as long as
other resources were open; but if the avenues to them were closed, HOPE,
stimulated by necessity, would beget experiments, fortified by rigorous
precautions and additional penalties, which, for a time, would have the
intended effect, till there had been leisure to contrive expedients to
elude these new precautions. The first success would be apt to inspire
false opinions, which it might require a long course of subsequent
experience to correct. Necessity, especially in politics, often
occasions false hopes, false reasonings, and a system of measures
correspondingly erroneous. But even if this supposed excess should not
be a consequence of the limitation of the federal power of taxation, the
inequalities spoken of would still ensue, though not in the same degree,
from the other causes that have been noticed. Let us now return to the
examination of objections.

One which, if we may judge from the frequency of its repetition, seems
most to be relied on, is, that the House of Representatives is not
sufficiently numerous for the reception of all the different classes of
citizens, in order to combine the interests and feelings of every
part of the community, and to produce a due sympathy between the
representative body and its constituents. This argument presents itself
under a very specious and seducing form; and is well calculated to lay
hold of the prejudices of those to whom it is addressed. But when we
come to dissect it with attention, it will appear to be made up of
nothing but fair-sounding words. The object it seems to aim at is,
in the first place, impracticable, and in the sense in which it
is contended for, is unnecessary. I reserve for another place the
discussion of the question which relates to the sufficiency of the
representative body in respect to numbers, and shall content myself
with examining here the particular use which has been made of a contrary
supposition, in reference to the immediate subject of our inquiries.

The idea of an actual representation of all classes of the people, by
persons of each class, is altogether visionary. Unless it were expressly
provided in the Constitution, that each different occupation should
send one or more members, the thing would never take place in
practice. Mechanics and manufacturers will always be inclined, with few
exceptions, to give their votes to merchants, in preference to persons
of their own professions or trades. Those discerning citizens are well
aware that the mechanic and manufacturing arts furnish the materials
of mercantile enterprise and industry. Many of them, indeed, are
immediately connected with the operations of commerce. They know that
the merchant is their natural patron and friend; and they are aware,
that however great the confidence they may justly feel in their own good
sense, their interests can be more effectually promoted by the merchant
than by themselves. They are sensible that their habits in life have not
been such as to give them those acquired endowments, without which, in
a deliberative assembly, the greatest natural abilities are for the
most part useless; and that the influence and weight, and superior
acquirements of the merchants render them more equal to a contest with
any spirit which might happen to infuse itself into the public
councils, unfriendly to the manufacturing and trading interests. These
considerations, and many others that might be mentioned prove, and
experience confirms it, that artisans and manufacturers will commonly
be disposed to bestow their votes upon merchants and those whom
they recommend. We must therefore consider merchants as the natural
representatives of all these classes of the community.

With regard to the learned professions, little need be observed; they
truly form no distinct interest in society, and according to their
situation and talents, will be indiscriminately the objects of
the confidence and choice of each other, and of other parts of the
community.

Nothing remains but the landed interest; and this, in a political view,
and particularly in relation to taxes, I take to be perfectly united,
from the wealthiest landlord down to the poorest tenant. No tax can be
laid on land which will not affect the proprietor of millions of acres
as well as the proprietor of a single acre. Every landholder will
therefore have a common interest to keep the taxes on land as low as
possible; and common interest may always be reckoned upon as the surest
bond of sympathy. But if we even could suppose a distinction of interest
between the opulent landholder and the middling farmer, what reason is
there to conclude, that the first would stand a better chance of being
deputed to the national legislature than the last? If we take fact as
our guide, and look into our own senate and assembly, we shall find that
moderate proprietors of land prevail in both; nor is this less the case
in the senate, which consists of a smaller number, than in the assembly,
which is composed of a greater number. Where the qualifications of the
electors are the same, whether they have to choose a small or a
large number, their votes will fall upon those in whom they have most
confidence; whether these happen to be men of large fortunes, or of
moderate property, or of no property at all.

It is said to be necessary, that all classes of citizens should have
some of their own number in the representative body, in order that their
feelings and interests may be the better understood and attended to.
But we have seen that this will never happen under any arrangement
that leaves the votes of the people free. Where this is the case, the
representative body, with too few exceptions to have any influence
on the spirit of the government, will be composed of landholders,
merchants, and men of the learned professions. But where is the danger
that the interests and feelings of the different classes of citizens
will not be understood or attended to by these three descriptions of
men? Will not the landholder know and feel whatever will promote or
insure the interest of landed property? And will he not, from his own
interest in that species of property, be sufficiently prone to resist
every attempt to prejudice or encumber it? Will not the merchant
understand and be disposed to cultivate, as far as may be proper, the
interests of the mechanic and manufacturing arts, to which his commerce
is so nearly allied? Will not the man of the learned profession, who
will feel a neutrality to the rivalships between the different branches
of industry, be likely to prove an impartial arbiter between them, ready
to promote either, so far as it shall appear to him conducive to the
general interests of the society?

If we take into the account the momentary humors or dispositions which
may happen to prevail in particular parts of the society, and to which
a wise administration will never be inattentive, is the man whose
situation leads to extensive inquiry and information less likely to be
a competent judge of their nature, extent, and foundation than one
whose observation does not travel beyond the circle of his neighbors and
acquaintances? Is it not natural that a man who is a candidate for
the favor of the people, and who is dependent on the suffrages of his
fellow-citizens for the continuance of his public honors, should take
care to inform himself of their dispositions and inclinations, and
should be willing to allow them their proper degree of influence upon
his conduct? This dependence, and the necessity of being bound himself,
and his posterity, by the laws to which he gives his assent, are
the true, and they are the strong chords of sympathy between the
representative and the constituent.

There is no part of the administration of government that requires
extensive information and a thorough knowledge of the principles of
political economy, so much as the business of taxation. The man who
understands those principles best will be least likely to resort to
oppressive expedients, or sacrifice any particular class of citizens
to the procurement of revenue. It might be demonstrated that the most
productive system of finance will always be the least burdensome. There
can be no doubt that in order to a judicious exercise of the power of
taxation, it is necessary that the person in whose hands it should be
acquainted with the general genius, habits, and modes of thinking of the
people at large, and with the resources of the country. And this is
all that can be reasonably meant by a knowledge of the interests and
feelings of the people. In any other sense the proposition has either
no meaning, or an absurd one. And in that sense let every considerate
citizen judge for himself where the requisite qualification is most
likely to be found.

PUBLIUS

Q: Can you write an appropriate summary of the above paragraphs?
A:

completion: Hamilton defends the unfettered ability of the national government to levy taxes from the perspective of equality and fairness. He asserts that if the union were only allowed to levy certain taxes, then the tax burden would be unequally distributed among the population. For example, if only imports could be taxed, then merchant classes and states that rely primarily on imports would suffer disproportionately. Hamilton also answers the claim that the constitution ought to ensure that the house of representatives have representatives from all classes of people, such laborers, merchants, learned professionals, etc. Hamilton responds that such a provision is unnecessary since people from certain classes can still represent those from other classes. For example, merchants have an interest in protecting the interests of manufacturers since they provide the items that merchants trade. Hamilton predicts that the house will mostly be composed of landholders, merchants, and learned professionals ; however, this will not be a problem, since these classes of men are still accountable to voters of all classes and will therefore be motivated to understand their constituents' diverse needs.


prompt:
Chapter: The Same Subject Continued (Concerning the General Power of Taxation)

From the New York Packet. Tuesday, January 8, 1788.

HAMILTON

To the People of the State of New York:

WE 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.

The 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.

There 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?

Nations 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.

Inquisitive 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.

The 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.

But 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.

Let 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."

It 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.

As 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.

Many 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.

As 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.

As 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.

As 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!

As 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.

(I 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.)(E1)

(I have now gone through the examination of those powers proposed to be
conferred upon the federal government which relate more peculiarly to
its energy, and to its efficiency for answering the great and primary
objects of union. There are others which, though omitted here, will, in
order to render the view of the subject more complete, be taken notice
of under the next head of our inquiries. I flatter myself the progress
already made will have sufficed to satisfy the candid and judicious
part of the community that some of the objections which have been
most strenuously urged against the Constitution, and which were
most formidable in their first appearance, are not only destitute of
substance, but if they had operated in the formation of the plan, would
have rendered it incompetent to the great ends of public happiness and
national prosperity. I equally flatter myself that a further and more
critical investigation of the system will serve to recommend it still
more to every sincere and disinterested advocate for good government
and will leave no doubt with men of this character of the propriety
and expediency of adopting it. Happy will it be for ourselves, and more
honorable for human nature, if we have wisdom and virtue enough to set
so glorious an example to mankind!)(E1)

PUBLIUS

1. The New England States.

E1. Two versions of this paragraph appear in different editions.

Q: Can you write an appropriate summary of the above paragraphs?
A:

completion: Hamilton responds to further criticisms of the constitution's tax provisions. He rejects the claim that the national legislature will not have sufficient knowledge of local circumstances to impose taxes on the people directly. Representatives of each state will certainly have an adequate understanding of their constituent's interests and circumstances in order to make an informed decision on taxation. Hamilton also addresses concerns about how the national tax system would operate, especially when both states governments and the union have the authority to levy taxes. He asserts that both levels of government would be wise enough to avoid taxing items already taxed by the other. He also asserts that the national legislature will be able to use the state's tax collecting apparatus to collect federal taxes. Finally, Hamilton argues that the proposed constitution will not lead to "double sets of revenue officers" or "double taxations" as had been feared.


prompt:
Chapter: Concerning the Difficulties of the Convention in Devising a Proper Form
of Government.

From the Daily Advertiser. Friday, January 11, 1788.

MADISON

To the People of the State of New York:

IN REVIEWING the defects of the existing Confederation, and showing that
they cannot be supplied by a government of less energy than that before
the public, several of the most important principles of the latter
fell of course under consideration. But as the ultimate object of
these papers is to determine clearly and fully the merits of this
Constitution, and the expediency of adopting it, our plan cannot be
complete without taking a more critical and thorough survey of the work
of the convention, without examining it on all its sides, comparing
it in all its parts, and calculating its probable effects. That this
remaining task may be executed under impressions conducive to a just
and fair result, some reflections must in this place be indulged, which
candor previously suggests.

It is a misfortune, inseparable from human affairs, that public
measures are rarely investigated with that spirit of moderation which
is essential to a just estimate of their real tendency to advance
or obstruct the public good; and that this spirit is more apt to be
diminished than promoted, by those occasions which require an unusual
exercise of it. To those who have been led by experience to attend to
this consideration, it could not appear surprising, that the act of the
convention, which recommends so many important changes and innovations,
which may be viewed in so many lights and relations, and which touches
the springs of so many passions and interests, should find or excite
dispositions unfriendly, both on one side and on the other, to a fair
discussion and accurate judgment of its merits. In some, it has been too
evident from their own publications, that they have scanned the proposed
Constitution, not only with a predisposition to censure, but with a
predetermination to condemn; as the language held by others betrays an
opposite predetermination or bias, which must render their opinions also
of little moment in the question. In placing, however, these different
characters on a level, with respect to the weight of their opinions, I
wish not to insinuate that there may not be a material difference in
the purity of their intentions. It is but just to remark in favor of the
latter description, that as our situation is universally admitted to be
peculiarly critical, and to require indispensably that something should
be done for our relief, the predetermined patron of what has been
actually done may have taken his bias from the weight of these
considerations, as well as from considerations of a sinister nature. The
predetermined adversary, on the other hand, can have been governed by no
venial motive whatever. The intentions of the first may be upright, as
they may on the contrary be culpable. The views of the last cannot be
upright, and must be culpable. But the truth is, that these papers are
not addressed to persons falling under either of these characters. They
solicit the attention of those only, who add to a sincere zeal for the
happiness of their country, a temper favorable to a just estimate of the
means of promoting it.

Persons of this character will proceed to an examination of the plan
submitted by the convention, not only without a disposition to find
or to magnify faults; but will see the propriety of reflecting, that
a faultless plan was not to be expected. Nor will they barely make
allowances for the errors which may be chargeable on the fallibility to
which the convention, as a body of men, were liable; but will keep in
mind, that they themselves also are but men, and ought not to assume an
infallibility in rejudging the fallible opinions of others.

With equal readiness will it be perceived, that besides these
inducements to candor, many allowances ought to be made for the
difficulties inherent in the very nature of the undertaking referred to
the convention.

The novelty of the undertaking immediately strikes us. It has been
shown in the course of these papers, that the existing Confederation is
founded on principles which are fallacious; that we must consequently
change this first foundation, and with it the superstructure resting
upon it. It has been shown, that the other confederacies which could
be consulted as precedents have been vitiated by the same erroneous
principles, and can therefore furnish no other light than that of
beacons, which give warning of the course to be shunned, without
pointing out that which ought to be pursued. The most that the
convention could do in such a situation, was to avoid the errors
suggested by the past experience of other countries, as well as of our
own; and to provide a convenient mode of rectifying their own errors, as
future experiences may unfold them.

Among the difficulties encountered by the convention, a very important
one must have lain in combining the requisite stability and energy in
government, with the inviolable attention due to liberty and to the
republican form. Without substantially accomplishing this part of their
undertaking, they would have very imperfectly fulfilled the object of
their appointment, or the expectation of the public; yet that it could
not be easily accomplished, will be denied by no one who is unwilling to
betray his ignorance of the subject. Energy in government is essential
to that security against external and internal danger, and to that
prompt and salutary execution of the laws which enter into the very
definition of good government. Stability in government is essential to
national character and to the advantages annexed to it, as well as to
that repose and confidence in the minds of the people, which are
among the chief blessings of civil society. An irregular and mutable
legislation is not more an evil in itself than it is odious to the
people; and it may be pronounced with assurance that the people of
this country, enlightened as they are with regard to the nature, and
interested, as the great body of them are, in the effects of good
government, will never be satisfied till some remedy be applied to
the vicissitudes and uncertainties which characterize the State
administrations. On comparing, however, these valuable ingredients with
the vital principles of liberty, we must perceive at once the difficulty
of mingling them together in their due proportions. The genius of
republican liberty seems to demand on one side, not only that all power
should be derived from the people, but that those intrusted with it
should be kept in independence on the people, by a short duration of
their appointments; and that even during this short period the trust
should be placed not in a few, but a number of hands. Stability, on
the contrary, requires that the hands in which power is lodged should
continue for a length of time the same. A frequent change of men will
result from a frequent return of elections; and a frequent change of
measures from a frequent change of men: whilst energy in government
requires not only a certain duration of power, but the execution of it
by a single hand.

How far the convention may have succeeded in this part of their work,
will better appear on a more accurate view of it. From the cursory view
here taken, it must clearly appear to have been an arduous part.

Not less arduous must have been the task of marking the proper line of
partition between the authority of the general and that of the
State governments. Every man will be sensible of this difficulty, in
proportion as he has been accustomed to contemplate and discriminate
objects extensive and complicated in their nature. The faculties of
the mind itself have never yet been distinguished and defined, with
satisfactory precision, by all the efforts of the most acute and
metaphysical philosophers. Sense, perception, judgment, desire,
volition, memory, imagination, are found to be separated by such
delicate shades and minute gradations that their boundaries have
eluded the most subtle investigations, and remain a pregnant source of
ingenious disquisition and controversy. The boundaries between the great
kingdom of nature, and, still more, between the various provinces,
and lesser portions, into which they are subdivided, afford another
illustration of the same important truth. The most sagacious and
laborious naturalists have never yet succeeded in tracing with certainty
the line which separates the district of vegetable life from the
neighboring region of unorganized matter, or which marks the termination
of the former and the commencement of the animal empire. A still greater
obscurity lies in the distinctive characters by which the objects
in each of these great departments of nature have been arranged and
assorted.

When we pass from the works of nature, in which all the delineations
are perfectly accurate, and appear to be otherwise only from the
imperfection of the eye which surveys them, to the institutions of man,
in which the obscurity arises as well from the object itself as from
the organ by which it is contemplated, we must perceive the necessity of
moderating still further our expectations and hopes from the efforts
of human sagacity. Experience has instructed us that no skill in the
science of government has yet been able to discriminate and define,
with sufficient certainty, its three great provinces the legislative,
executive, and judiciary; or even the privileges and powers of the
different legislative branches. Questions daily occur in the course of
practice, which prove the obscurity which reins in these subjects, and
which puzzle the greatest adepts in political science.

The experience of ages, with the continued and combined labors of the
most enlightened legislatures and jurists, has been equally unsuccessful
in delineating the several objects and limits of different codes of laws
and different tribunals of justice. The precise extent of the common
law, and the statute law, the maritime law, the ecclesiastical law, the
law of corporations, and other local laws and customs, remains still to
be clearly and finally established in Great Britain, where accuracy in
such subjects has been more industriously pursued than in any other part
of the world. The jurisdiction of her several courts, general and local,
of law, of equity, of admiralty, etc., is not less a source of frequent
and intricate discussions, sufficiently denoting the indeterminate
limits by which they are respectively circumscribed. All new laws,
though penned with the greatest technical skill, and passed on the
fullest and most mature deliberation, are considered as more or less
obscure and equivocal, until their meaning be liquidated and ascertained
by a series of particular discussions and adjudications. Besides the
obscurity arising from the complexity of objects, and the imperfection
of the human faculties, the medium through which the conceptions of men
are conveyed to each other adds a fresh embarrassment. The use of words
is to express ideas. Perspicuity, therefore, requires not only that the
ideas should be distinctly formed, but that they should be expressed by
words distinctly and exclusively appropriate to them. But no language is
so copious as to supply words and phrases for every complex idea, or
so correct as not to include many equivocally denoting different
ideas. Hence it must happen that however accurately objects may be
discriminated in themselves, and however accurately the discrimination
may be considered, the definition of them may be rendered inaccurate
by the inaccuracy of the terms in which it is delivered. And this
unavoidable inaccuracy must be greater or less, according to the
complexity and novelty of the objects defined. When the Almighty himself
condescends to address mankind in their own language, his meaning,
luminous as it must be, is rendered dim and doubtful by the cloudy
medium through which it is communicated.

Here, then, are three sources of vague and incorrect definitions:
indistinctness of the object, imperfection of the organ of conception,
inadequateness of the vehicle of ideas. Any one of these must produce a
certain degree of obscurity. The convention, in delineating the boundary
between the federal and State jurisdictions, must have experienced the
full effect of them all.

To the difficulties already mentioned may be added the interfering
pretensions of the larger and smaller States. We cannot err in supposing
that the former would contend for a participation in the government,
fully proportioned to their superior wealth and importance; and that the
latter would not be less tenacious of the equality at present enjoyed by
them. We may well suppose that neither side would entirely yield to the
other, and consequently that the struggle could be terminated only by
compromise. It is extremely probable, also, that after the ratio
of representation had been adjusted, this very compromise must have
produced a fresh struggle between the same parties, to give such a turn
to the organization of the government, and to the distribution of its
powers, as would increase the importance of the branches, in forming
which they had respectively obtained the greatest share of influence.
There are features in the Constitution which warrant each of these
suppositions; and as far as either of them is well founded, it shows
that the convention must have been compelled to sacrifice theoretical
propriety to the force of extraneous considerations.

Nor could it have been the large and small States only, which would
marshal themselves in opposition to each other on various points. Other
combinations, resulting from a difference of local position and policy,
must have created additional difficulties. As every State may be divided
into different districts, and its citizens into different classes,
which give birth to contending interests and local jealousies, so the
different parts of the United States are distinguished from each other
by a variety of circumstances, which produce a like effect on a larger
scale. And although this variety of interests, for reasons sufficiently
explained in a former paper, may have a salutary influence on the
administration of the government when formed, yet every one must be
sensible of the contrary influence, which must have been experienced in
the task of forming it.

Would it be wonderful if, under the pressure of all these difficulties,
the convention should have been forced into some deviations from that
artificial structure and regular symmetry which an abstract view of the
subject might lead an ingenious theorist to bestow on a Constitution
planned in his closet or in his imagination? The real wonder is that
so many difficulties should have been surmounted, and surmounted with a
unanimity almost as unprecedented as it must have been unexpected. It is
impossible for any man of candor to reflect on this circumstance without
partaking of the astonishment. It is impossible for the man of pious
reflection not to perceive in it a finger of that Almighty hand which
has been so frequently and signally extended to our relief in the
critical stages of the revolution.

We had occasion, in a former paper, to take notice of the repeated
trials which have been unsuccessfully made in the United Netherlands
for reforming the baneful and notorious vices of their constitution. The
history of almost all the great councils and consultations held among
mankind for reconciling their discordant opinions, assuaging their
mutual jealousies, and adjusting their respective interests, is a
history of factions, contentions, and disappointments, and may be
classed among the most dark and degraded pictures which display the
infirmities and depravities of the human character. If, in a few
scattered instances, a brighter aspect is presented, they serve only as
exceptions to admonish us of the general truth; and by their lustre to
darken the gloom of the adverse prospect to which they are contrasted.
In revolving the causes from which these exceptions result, and applying
them to the particular instances before us, we are necessarily led to
two important conclusions. The first is, that the convention must have
enjoyed, in a very singular degree, an exemption from the pestilential
influence of party animosities the disease most incident to deliberative
bodies, and most apt to contaminate their proceedings. The second
conclusion is that all the deputations composing the convention were
satisfactorily accommodated by the final act, or were induced to accede
to it by a deep conviction of the necessity of sacrificing private
opinions and partial interests to the public good, and by a despair of
seeing this necessity diminished by delays or by new experiments.

Q: Can you write an appropriate summary of the above paragraphs?
A:

completion: In order to convince the readers that a government must be at least as energetic and strong as the one proposed, they must carefully examine the defects of the existing government. Madison does not expect people to accept the merits of the Constitution on faith alone. By examining the provisions of the constitution and comparing each provision, Madison will attempt to calculate the effects of the new government on the nation and its citizens. For Madison, it is one of the ironies of human affairs that important public matters are seldom examined objectively. A new plan of government excites passion and prejudices, not surprisingly. The founding fathers believed those who opposed the Constitution only briefly looked at its contents. But some who write in favor of the Constitution are guilty of the same and much of their supportive writing lacks substance and critical analysis. There is, however, one critical difference between the supporters and critics of the Constitution: those who support the Constitution superficially usually do so because they know the existing government is weak and the country is in a serious situation: a forgivable fault. The critics, however, cannot be forgiven. But Madison is not writing to either of the two biased groups. Instead, this paper is written for those who sincerely are in favor of and want to promote the welfare of the country and who will listen to reasonable arguments and explanations. In order to appreciate the proposed government, you have to realize that no plan is faultless. The Convention, like all groups, was composed of fallible men. Fallible men drafted the Constitution and fallible men in the end will judge it. Madison argues that the readers must not only accept the fallibility of men, but also try to understand the difficult task the framers faced. What was done in Philadelphia had no precedent. The framers began their deliberations knowing that the structure of government was weak because the underlying principles that governed it were unsound. They realized that they could not erect a strong structure upon a weak foundation. Unfortunately, the principles to build the Constitution were hard to find because the framers could not look to other confederacies because they, too, were founded on unsound principles. Studying both ancient and modern confederacies served only to warn them of what should be avoided in the establishment of the new government. As a result, the framers took as their "textbook" the experience of this and other countries, not political theories. One of the most important and difficult problems was how to establish an energetic and stable government without threatening the liberties of the people. Had the framers not solved this problem, they would have failed. Stability in government promotes confidence and is essential to national character. Stability is threatened if too many people hold power, and energetic government requires that the execution of the laws should be the responsibility of one man, the president. But in a free society power is derived from the people and those who hold office are responsible to them. The proposed government reconciles and balances these two important values. Stability is achieved through the principle of representation; liberty is protected because the government rests upon the consent of the people. In addition, a part of this balance was achieved by establishing relatively short terms of office for representatives, senators, and the president. Another problem the framers faced was how best to divide authority and power between the state and national governments, something that was extremely difficult. The framers also had to wrestle with the problem of describing in specific detail the purpose and limits of different codes of laws and types of courts. The English studied this problem for years, but never came up with specific solutions. No language supplies words and phrases for every complex idea or is so precise that every word has only one meaning. The Convention also faced other problems. The delegates had to reconcile the conflict and competition between the large and small states, as well as the fact that competing sectional interests had to be reconciled, as did various economic and social conflicts within every state. These competing interests will undoubtedly have a beneficial effect on the proposed government, but to reconcile them during the Convention was a difficult task. Madison concludes that it is remarkable given all of the pressures and difficulties that an agreement was reached at all. While it is easy for a theorist to plan a perfect document in the privacy of his den or imagination, for men to hammer out their differences together is another matter. Madison attributes two factors to the success of the Constitutional Convention: first, the framers were free of party animosities and second, the delegates were so pleased with the final product that they were willing to put aside certain personal objections in order to avoid further delay or the necessity of drafting an entirely new document.


prompt:
Chapter: The Same Subject Continued, and the Incoherence of the Objections to the
New Plan Exposed.

From The Independent Journal. Saturday, January 12, 1788.

MADISON

To the People of the State of New York:

IT IS not a little remarkable that in every case reported by ancient
history, in which government has been established with deliberation and
consent, the task of framing it has not been committed to an assembly
of men, but has been performed by some individual citizen of preeminent
wisdom and approved integrity.

Minos, we learn, was the primitive founder of the government of Crete,
as Zaleucus was of that of the Locrians. Theseus first, and after him
Draco and Solon, instituted the government of Athens. Lycurgus was the
lawgiver of Sparta. The foundation of the original government of Rome
was laid by Romulus, and the work completed by two of his elective
successors, Numa and Tullius Hostilius. On the abolition of royalty the
consular administration was substituted by Brutus, who stepped forward
with a project for such a reform, which, he alleged, had been prepared
by Tullius Hostilius, and to which his address obtained the assent and
ratification of the senate and people. This remark is applicable to
confederate governments also. Amphictyon, we are told, was the author
of that which bore his name. The Achaean league received its first birth
from Achaeus, and its second from Aratus.

What degree of agency these reputed lawgivers might have in their
respective establishments, or how far they might be clothed with
the legitimate authority of the people, cannot in every instance be
ascertained. In some, however, the proceeding was strictly regular.
Draco appears to have been intrusted by the people of Athens with
indefinite powers to reform its government and laws. And Solon,
according to Plutarch, was in a manner compelled, by the universal
suffrage of his fellow-citizens, to take upon him the sole and absolute
power of new-modeling the constitution. The proceedings under Lycurgus
were less regular; but as far as the advocates for a regular reform
could prevail, they all turned their eyes towards the single efforts of
that celebrated patriot and sage, instead of seeking to bring about a
revolution by the intervention of a deliberative body of citizens.

Whence could it have proceeded, that a people, jealous as the Greeks
were of their liberty, should so far abandon the rules of caution as to
place their destiny in the hands of a single citizen? Whence could it
have proceeded, that the Athenians, a people who would not suffer an
army to be commanded by fewer than ten generals, and who required no
other proof of danger to their liberties than the illustrious merit of
a fellow-citizen, should consider one illustrious citizen as a more
eligible depositary of the fortunes of themselves and their posterity,
than a select body of citizens, from whose common deliberations
more wisdom, as well as more safety, might have been expected? These
questions cannot be fully answered, without supposing that the fears
of discord and disunion among a number of counsellors exceeded the
apprehension of treachery or incapacity in a single individual. History
informs us, likewise, of the difficulties with which these celebrated
reformers had to contend, as well as the expedients which they were
obliged to employ in order to carry their reforms into effect. Solon,
who seems to have indulged a more temporizing policy, confessed that
he had not given to his countrymen the government best suited to their
happiness, but most tolerable to their prejudices. And Lycurgus, more
true to his object, was under the necessity of mixing a portion of
violence with the authority of superstition, and of securing his final
success by a voluntary renunciation, first of his country, and then
of his life. If these lessons teach us, on one hand, to admire the
improvement made by America on the ancient mode of preparing and
establishing regular plans of government, they serve not less, on the
other, to admonish us of the hazards and difficulties incident to such
experiments, and of the great imprudence of unnecessarily multiplying
them.

Is it an unreasonable conjecture, that the errors which may be contained
in the plan of the convention are such as have resulted rather from
the defect of antecedent experience on this complicated and difficult
subject, than from a want of accuracy or care in the investigation of
it; and, consequently such as will not be ascertained until an actual
trial shall have pointed them out? This conjecture is rendered probable,
not only by many considerations of a general nature, but by the
particular case of the Articles of Confederation. It is observable that
among the numerous objections and amendments suggested by the several
States, when these articles were submitted for their ratification,
not one is found which alludes to the great and radical error which on
actual trial has discovered itself. And if we except the observations
which New Jersey was led to make, rather by her local situation, than by
her peculiar foresight, it may be questioned whether a single suggestion
was of sufficient moment to justify a revision of the system. There
is abundant reason, nevertheless, to suppose that immaterial as these
objections were, they would have been adhered to with a very dangerous
inflexibility, in some States, had not a zeal for their opinions and
supposed interests been stifled by the more powerful sentiment of
self-preservation. One State, we may remember, persisted for several
years in refusing her concurrence, although the enemy remained the whole
period at our gates, or rather in the very bowels of our country. Nor
was her pliancy in the end effected by a less motive, than the fear of
being chargeable with protracting the public calamities, and endangering
the event of the contest. Every candid reader will make the proper
reflections on these important facts.

A patient who finds his disorder daily growing worse, and that an
efficacious remedy can no longer be delayed without extreme danger,
after coolly revolving his situation, and the characters of different
physicians, selects and calls in such of them as he judges most capable
of administering relief, and best entitled to his confidence. The
physicians attend; the case of the patient is carefully examined; a
consultation is held; they are unanimously agreed that the symptoms are
critical, but that the case, with proper and timely relief, is so far
from being desperate, that it may be made to issue in an improvement of
his constitution. They are equally unanimous in prescribing the remedy,
by which this happy effect is to be produced. The prescription is no
sooner made known, however, than a number of persons interpose, and,
without denying the reality or danger of the disorder, assure the
patient that the prescription will be poison to his constitution, and
forbid him, under pain of certain death, to make use of it. Might not
the patient reasonably demand, before he ventured to follow this advice,
that the authors of it should at least agree among themselves on some
other remedy to be substituted? And if he found them differing as
much from one another as from his first counsellors, would he not
act prudently in trying the experiment unanimously recommended by the
latter, rather than be hearkening to those who could neither deny the
necessity of a speedy remedy, nor agree in proposing one?

Such a patient and in such a situation is America at this moment.
She has been sensible of her malady. She has obtained a regular and
unanimous advice from men of her own deliberate choice. And she is
warned by others against following this advice under pain of the most
fatal consequences. Do the monitors deny the reality of her danger? No.
Do they deny the necessity of some speedy and powerful remedy? No. Are
they agreed, are any two of them agreed, in their objections to the
remedy proposed, or in the proper one to be substituted? Let them speak
for themselves. This one tells us that the proposed Constitution ought
to be rejected, because it is not a confederation of the States, but
a government over individuals. Another admits that it ought to be a
government over individuals to a certain extent, but by no means to
the extent proposed. A third does not object to the government over
individuals, or to the extent proposed, but to the want of a bill of
rights. A fourth concurs in the absolute necessity of a bill of rights,
but contends that it ought to be declaratory, not of the personal
rights of individuals, but of the rights reserved to the States in their
political capacity. A fifth is of opinion that a bill of rights of any
sort would be superfluous and misplaced, and that the plan would be
unexceptionable but for the fatal power of regulating the times and
places of election. An objector in a large State exclaims loudly against
the unreasonable equality of representation in the Senate. An objector
in a small State is equally loud against the dangerous inequality in
the House of Representatives. From this quarter, we are alarmed with the
amazing expense, from the number of persons who are to administer
the new government. From another quarter, and sometimes from the same
quarter, on another occasion, the cry is that the Congress will be but
a shadow of a representation, and that the government would be far less
objectionable if the number and the expense were doubled. A patriot in
a State that does not import or export, discerns insuperable objections
against the power of direct taxation. The patriotic adversary in a State
of great exports and imports, is not less dissatisfied that the whole
burden of taxes may be thrown on consumption. This politician discovers
in the Constitution a direct and irresistible tendency to monarchy; that
is equally sure it will end in aristocracy. Another is puzzled to say
which of these shapes it will ultimately assume, but sees clearly it
must be one or other of them; whilst a fourth is not wanting, who with
no less confidence affirms that the Constitution is so far from having a
bias towards either of these dangers, that the weight on that side
will not be sufficient to keep it upright and firm against its opposite
propensities. With another class of adversaries to the Constitution the
language is that the legislative, executive, and judiciary departments
are intermixed in such a manner as to contradict all the ideas of
regular government and all the requisite precautions in favor of
liberty. Whilst this objection circulates in vague and general
expressions, there are but a few who lend their sanction to it. Let each
one come forward with his particular explanation, and scarce any two are
exactly agreed upon the subject. In the eyes of one the junction of the
Senate with the President in the responsible function of appointing to
offices, instead of vesting this executive power in the Executive alone,
is the vicious part of the organization. To another, the exclusion
of the House of Representatives, whose numbers alone could be a due
security against corruption and partiality in the exercise of such
a power, is equally obnoxious. With another, the admission of the
President into any share of a power which ever must be a dangerous
engine in the hands of the executive magistrate, is an unpardonable
violation of the maxims of republican jealousy. No part of the
arrangement, according to some, is more inadmissible than the trial of
impeachments by the Senate, which is alternately a member both of the
legislative and executive departments, when this power so evidently
belonged to the judiciary department. "We concur fully," reply others,
"in the objection to this part of the plan, but we can never agree
that a reference of impeachments to the judiciary authority would be an
amendment of the error. Our principal dislike to the organization arises
from the extensive powers already lodged in that department." Even
among the zealous patrons of a council of state the most irreconcilable
variance is discovered concerning the mode in which it ought to be
constituted. The demand of one gentleman is, that the council should
consist of a small number to be appointed by the most numerous branch of
the legislature. Another would prefer a larger number, and considers it
as a fundamental condition that the appointment should be made by the
President himself.

As it can give no umbrage to the writers against the plan of the federal
Constitution, let us suppose, that as they are the most zealous, so they
are also the most sagacious, of those who think the late convention
were unequal to the task assigned them, and that a wiser and better plan
might and ought to be substituted. Let us further suppose that their
country should concur, both in this favorable opinion of their
merits, and in their unfavorable opinion of the convention; and should
accordingly proceed to form them into a second convention, with full
powers, and for the express purpose of revising and remoulding the
work of the first. Were the experiment to be seriously made, though it
required some effort to view it seriously even in fiction, I leave it to
be decided by the sample of opinions just exhibited, whether, with all
their enmity to their predecessors, they would, in any one point, depart
so widely from their example, as in the discord and ferment that would
mark their own deliberations; and whether the Constitution, now before
the public, would not stand as fair a chance for immortality, as
Lycurgus gave to that of Sparta, by making its change to depend on his
own return from exile and death, if it were to be immediately adopted,
and were to continue in force, not until a BETTER, but until ANOTHER
should be agreed upon by this new assembly of lawgivers.

It is a matter both of wonder and regret, that those who raise so many
objections against the new Constitution should never call to mind the
defects of that which is to be exchanged for it. It is not necessary
that the former should be perfect; it is sufficient that the latter is
more imperfect. No man would refuse to give brass for silver or gold,
because the latter had some alloy in it. No man would refuse to quit a
shattered and tottering habitation for a firm and commodious building,
because the latter had not a porch to it, or because some of the rooms
might be a little larger or smaller, or the ceilings a little higher or
lower than his fancy would have planned them. But waiving illustrations
of this sort, is it not manifest that most of the capital objections
urged against the new system lie with tenfold weight against the
existing Confederation? Is an indefinite power to raise money dangerous
in the hands of the federal government? The present Congress can
make requisitions to any amount they please, and the States are
constitutionally bound to furnish them; they can emit bills of credit as
long as they will pay for the paper; they can borrow, both abroad and
at home, as long as a shilling will be lent. Is an indefinite power to
raise troops dangerous? The Confederation gives to Congress that power
also; and they have already begun to make use of it. Is it improper and
unsafe to intermix the different powers of government in the same body
of men? Congress, a single body of men, are the sole depositary of all
the federal powers. Is it particularly dangerous to give the keys of
the treasury, and the command of the army, into the same hands? The
Confederation places them both in the hands of Congress. Is a bill of
rights essential to liberty? The Confederation has no bill of rights.
Is it an objection against the new Constitution, that it empowers the
Senate, with the concurrence of the Executive, to make treaties which
are to be the laws of the land? The existing Congress, without any such
control, can make treaties which they themselves have declared, and most
of the States have recognized, to be the supreme law of the land. Is
the importation of slaves permitted by the new Constitution for twenty
years? By the old it is permitted forever.

I shall be told, that however dangerous this mixture of powers may be
in theory, it is rendered harmless by the dependence of Congress on the
State for the means of carrying them into practice; that however large
the mass of powers may be, it is in fact a lifeless mass. Then, say I,
in the first place, that the Confederation is chargeable with the still
greater folly of declaring certain powers in the federal government to
be absolutely necessary, and at the same time rendering them absolutely
nugatory; and, in the next place, that if the Union is to continue, and
no better government be substituted, effective powers must either be
granted to, or assumed by, the existing Congress; in either of which
events, the contrast just stated will hold good. But this is not all.
Out of this lifeless mass has already grown an excrescent power,
which tends to realize all the dangers that can be apprehended from a
defective construction of the supreme government of the Union. It is now
no longer a point of speculation and hope, that the Western territory
is a mine of vast wealth to the United States; and although it is not of
such a nature as to extricate them from their present distresses, or
for some time to come, to yield any regular supplies for the public
expenses, yet must it hereafter be able, under proper management, both
to effect a gradual discharge of the domestic debt, and to furnish, for
a certain period, liberal tributes to the federal treasury. A very
large proportion of this fund has been already surrendered by individual
States; and it may with reason be expected that the remaining States
will not persist in withholding similar proofs of their equity and
generosity. We may calculate, therefore, that a rich and fertile
country, of an area equal to the inhabited extent of the United
States, will soon become a national stock. Congress have assumed the
administration of this stock. They have begun to render it productive.
Congress have undertaken to do more: they have proceeded to form new
States, to erect temporary governments, to appoint officers for them,
and to prescribe the conditions on which such States shall be admitted
into the Confederacy. All this has been done; and done without the least
color of constitutional authority. Yet no blame has been whispered;
no alarm has been sounded. A GREAT and INDEPENDENT fund of revenue is
passing into the hands of a SINGLE BODY of men, who can RAISE TROOPS
to an INDEFINITE NUMBER, and appropriate money to their support for an
INDEFINITE PERIOD OF TIME. And yet there are men, who have not only been
silent spectators of this prospect, but who are advocates for the system
which exhibits it; and, at the same time, urge against the new system
the objections which we have heard. Would they not act with more
consistency, in urging the establishment of the latter, as no less
necessary to guard the Union against the future powers and resources of
a body constructed like the existing Congress, than to save it from the
dangers threatened by the present impotency of that Assembly?

I mean not, by any thing here said, to throw censure on the measures
which have been pursued by Congress. I am sensible they could not have
done otherwise. The public interest, the necessity of the case, imposed
upon them the task of overleaping their constitutional limits. But is
not the fact an alarming proof of the danger resulting from a government
which does not possess regular powers commensurate to its objects?
A dissolution or usurpation is the dreadful dilemma to which it is
continually exposed.

PUBLIUS

Q: Can you write an appropriate summary of the above paragraphs?
A:

completion: Madison issues a scathing indictment of the proposed constitution's critics. He conjectures that ancient civilizations often entrusted the writing of their constitutions to a single man since they were afraid of the "discord and disunion among a number of counselors" more so than the "treachery or incapacity in a single individual." Madison systematically lays out several different criticisms of the constitution made by the anti-federalists in order to illustrate the incoherence and inconsistency of the opposition's views. He asserts that the critics don't even agree on what is wrong with the proposed constitution and have failed to offer any better solution. Madison furthermore argues that even if the proposed constitution has some defects, it is certainly better than the present form of government enshrined in the Articles of Confederation. He criticizes the Articles for "declaring certain powers in the federal government to be absolutely necessary" while "at the same time rendering them absolutely nugatory." That is, the Articles say the government ought to have a wide range responsibilities but has structured government in such a way as to deny the government the power to meet these responsibilities and function effectively. The core difference between the Articles and the proposed constitution are not the functions they are to perform but the powers they are granted to actually perform them.


prompt:
Chapter: The Conformity of the Plan to Republican Principles

For the Independent Journal. Wednesday, January 16, 1788

MADISON

To the People of the State of New York:

THE last paper having concluded the observations which were meant to
introduce a candid survey of the plan of government reported by
the convention, we now proceed to the execution of that part of our
undertaking.

The first question that offers itself is, whether the general form and
aspect of the government be strictly republican. It is evident that
no other form would be reconcilable with the genius of the people of
America; with the fundamental principles of the Revolution; or with that
honorable determination which animates every votary of freedom, to
rest all our political experiments on the capacity of mankind for
self-government. If the plan of the convention, therefore, be found to
depart from the republican character, its advocates must abandon it as
no longer defensible.

What, then, are the distinctive characters of the republican form? Were
an answer to this question to be sought, not by recurring to principles,
but in the application of the term by political writers, to the
constitution of different States, no satisfactory one would ever be
found. Holland, in which no particle of the supreme authority is derived
from the people, has passed almost universally under the denomination of
a republic. The same title has been bestowed on Venice, where absolute
power over the great body of the people is exercised, in the most
absolute manner, by a small body of hereditary nobles. Poland, which is
a mixture of aristocracy and of monarchy in their worst forms, has been
dignified with the same appellation. The government of England, which
has one republican branch only, combined with an hereditary aristocracy
and monarchy, has, with equal impropriety, been frequently placed on
the list of republics. These examples, which are nearly as dissimilar
to each other as to a genuine republic, show the extreme inaccuracy with
which the term has been used in political disquisitions.

If we resort for a criterion to the different principles on which
different forms of government are established, we may define a republic
to be, or at least may bestow that name on, a government which derives
all its powers directly or indirectly from the great body of the people,
and is administered by persons holding their offices during pleasure,
for a limited period, or during good behavior. It is ESSENTIAL to such
a government that it be derived from the great body of the society, not
from an inconsiderable proportion, or a favored class of it; otherwise
a handful of tyrannical nobles, exercising their oppressions by a
delegation of their powers, might aspire to the rank of republicans,
and claim for their government the honorable title of republic. It is
SUFFICIENT for such a government that the persons administering it be
appointed, either directly or indirectly, by the people; and that
they hold their appointments by either of the tenures just specified;
otherwise every government in the United States, as well as every
other popular government that has been or can be well organized or well
executed, would be degraded from the republican character. According
to the constitution of every State in the Union, some or other of the
officers of government are appointed indirectly only by the people.
According to most of them, the chief magistrate himself is so appointed.
And according to one, this mode of appointment is extended to one of
the co-ordinate branches of the legislature. According to all the
constitutions, also, the tenure of the highest offices is extended to a
definite period, and in many instances, both within the legislative and
executive departments, to a period of years. According to the provisions
of most of the constitutions, again, as well as according to the most
respectable and received opinions on the subject, the members of the
judiciary department are to retain their offices by the firm tenure of
good behavior.

On comparing the Constitution planned by the convention with the
standard here fixed, we perceive at once that it is, in the most rigid
sense, conformable to it. The House of Representatives, like that of one
branch at least of all the State legislatures, is elected immediately by
the great body of the people. The Senate, like the present Congress,
and the Senate of Maryland, derives its appointment indirectly from
the people. The President is indirectly derived from the choice of the
people, according to the example in most of the States. Even the judges,
with all other officers of the Union, will, as in the several States,
be the choice, though a remote choice, of the people themselves, the
duration of the appointments is equally conformable to the republican
standard, and to the model of State constitutions The House of
Representatives is periodically elective, as in all the States; and for
the period of two years, as in the State of South Carolina. The Senate
is elective, for the period of six years; which is but one year more
than the period of the Senate of Maryland, and but two more than that
of the Senates of New York and Virginia. The President is to continue
in office for the period of four years; as in New York and Delaware, the
chief magistrate is elected for three years, and in South Carolina for
two years. In the other States the election is annual. In several of the
States, however, no constitutional provision is made for the impeachment
of the chief magistrate. And in Delaware and Virginia he is not
impeachable till out of office. The President of the United States is
impeachable at any time during his continuance in office. The tenure
by which the judges are to hold their places, is, as it unquestionably
ought to be, that of good behavior. The tenure of the ministerial
offices generally, will be a subject of legal regulation, conformably to
the reason of the case and the example of the State constitutions.

Could any further proof be required of the republican complexion of this
system, the most decisive one might be found in its absolute prohibition
of titles of nobility, both under the federal and the State governments;
and in its express guaranty of the republican form to each of the
latter.

"But it was not sufficient," say the adversaries of the proposed
Constitution, "for the convention to adhere to the republican form.
They ought, with equal care, to have preserved the FEDERAL form, which
regards the Union as a CONFEDERACY of sovereign states; instead of
which, they have framed a NATIONAL government, which regards the Union
as a CONSOLIDATION of the States." And it is asked by what authority
this bold and radical innovation was undertaken? The handle which has
been made of this objection requires that it should be examined with
some precision.

Without inquiring into the accuracy of the distinction on which the
objection is founded, it will be necessary to a just estimate of its
force, first, to ascertain the real character of the government in
question; secondly, to inquire how far the convention were authorized
to propose such a government; and thirdly, how far the duty they owed to
their country could supply any defect of regular authority.

First. In order to ascertain the real character of the government, it
may be considered in relation to the foundation on which it is to be
established; to the sources from which its ordinary powers are to be
drawn; to the operation of those powers; to the extent of them; and
to the authority by which future changes in the government are to be
introduced.

On examining the first relation, it appears, on one hand, that the
Constitution is to be founded on the assent and ratification of the
people of America, given by deputies elected for the special purpose;
but, on the other, that this assent and ratification is to be given
by the people, not as individuals composing one entire nation, but as
composing the distinct and independent States to which they respectively
belong. It is to be the assent and ratification of the several States,
derived from the supreme authority in each State, the authority of the
people themselves. The act, therefore, establishing the Constitution,
will not be a NATIONAL, but a FEDERAL act.

That it will be a federal and not a national act, as these terms are
understood by the objectors; the act of the people, as forming so many
independent States, not as forming one aggregate nation, is obvious
from this single consideration, that it is to result neither from the
decision of a MAJORITY of the people of the Union, nor from that of a
MAJORITY of the States. It must result from the UNANIMOUS assent of the
several States that are parties to it, differing no otherwise from their
ordinary assent than in its being expressed, not by the legislative
authority, but by that of the people themselves. Were the people
regarded in this transaction as forming one nation, the will of the
majority of the whole people of the United States would bind the
minority, in the same manner as the majority in each State must bind the
minority; and the will of the majority must be determined either by a
comparison of the individual votes, or by considering the will of the
majority of the States as evidence of the will of a majority of the
people of the United States. Neither of these rules have been adopted.
Each State, in ratifying the Constitution, is considered as a sovereign
body, independent of all others, and only to be bound by its own
voluntary act. In this relation, then, the new Constitution will, if
established, be a FEDERAL, and not a NATIONAL constitution.

The next relation is, to the sources from which the ordinary powers of
government are to be derived. The House of Representatives will
derive its powers from the people of America; and the people will be
represented in the same proportion, and on the same principle, as they
are in the legislature of a particular State. So far the government is
NATIONAL, not FEDERAL. The Senate, on the other hand, will derive its
powers from the States, as political and coequal societies; and these
will be represented on the principle of equality in the Senate, as they
now are in the existing Congress. So far the government is FEDERAL,
not NATIONAL. The executive power will be derived from a very compound
source. The immediate election of the President is to be made by the
States in their political characters. The votes allotted to them are in
a compound ratio, which considers them partly as distinct and coequal
societies, partly as unequal members of the same society. The eventual
election, again, is to be made by that branch of the legislature which
consists of the national representatives; but in this particular act
they are to be thrown into the form of individual delegations, from
so many distinct and coequal bodies politic. From this aspect of the
government it appears to be of a mixed character, presenting at least as
many FEDERAL as NATIONAL features.

The difference between a federal and national government, as it relates
to the OPERATION OF THE GOVERNMENT, is supposed to consist in this, that
in the former the powers operate on the political bodies composing
the Confederacy, in their political capacities; in the latter, on
the individual citizens composing the nation, in their individual
capacities. On trying the Constitution by this criterion, it falls
under the NATIONAL, not the FEDERAL character; though perhaps not so
completely as has been understood. In several cases, and particularly in
the trial of controversies to which States may be parties, they must
be viewed and proceeded against in their collective and political
capacities only. So far the national countenance of the government on
this side seems to be disfigured by a few federal features. But this
blemish is perhaps unavoidable in any plan; and the operation of
the government on the people, in their individual capacities, in its
ordinary and most essential proceedings, may, on the whole, designate
it, in this relation, a NATIONAL government.

But if the government be national with regard to the OPERATION of its
powers, it changes its aspect again when we contemplate it in relation
to the EXTENT of its powers. The idea of a national government involves
in it, not only an authority over the individual citizens, but an
indefinite supremacy over all persons and things, so far as they are
objects of lawful government. Among a people consolidated into one
nation, this supremacy is completely vested in the national legislature.
Among communities united for particular purposes, it is vested partly
in the general and partly in the municipal legislatures. In the former
case, all local authorities are subordinate to the supreme; and may be
controlled, directed, or abolished by it at pleasure. In the latter, the
local or municipal authorities form distinct and independent portions of
the supremacy, no more subject, within their respective spheres, to the
general authority, than the general authority is subject to them, within
its own sphere. In this relation, then, the proposed government cannot
be deemed a NATIONAL one; since its jurisdiction extends to certain
enumerated objects only, and leaves to the several States a residuary
and inviolable sovereignty over all other objects. It is true that in
controversies relating to the boundary between the two jurisdictions,
the tribunal which is ultimately to decide, is to be established under
the general government. But this does not change the principle of the
case. The decision is to be impartially made, according to the rules of
the Constitution; and all the usual and most effectual precautions
are taken to secure this impartiality. Some such tribunal is clearly
essential to prevent an appeal to the sword and a dissolution of the
compact; and that it ought to be established under the general rather
than under the local governments, or, to speak more properly, that it
could be safely established under the first alone, is a position not
likely to be combated.

If we try the Constitution by its last relation to the authority by
which amendments are to be made, we find it neither wholly NATIONAL
nor wholly FEDERAL. Were it wholly national, the supreme and ultimate
authority would reside in the MAJORITY of the people of the Union; and
this authority would be competent at all times, like that of a
majority of every national society, to alter or abolish its established
government. Were it wholly federal, on the other hand, the concurrence
of each State in the Union would be essential to every alteration that
would be binding on all. The mode provided by the plan of the convention
is not founded on either of these principles. In requiring more than
a majority, and principles. In requiring more than a majority, and
particularly in computing the proportion by STATES, not by CITIZENS, it
departs from the NATIONAL and advances towards the FEDERAL character;
in rendering the concurrence of less than the whole number of States
sufficient, it loses again the FEDERAL and partakes of the NATIONAL
character.

The proposed Constitution, therefore, is, in strictness, neither a
national nor a federal Constitution, but a composition of both. In its
foundation it is federal, not national; in the sources from which the
ordinary powers of the government are drawn, it is partly federal and
partly national; in the operation of these powers, it is national, not
federal; in the extent of them, again, it is federal, not national;
and, finally, in the authoritative mode of introducing amendments, it is
neither wholly federal nor wholly national.

PUBLIUS

Q: Can you write an appropriate summary of the above paragraphs?
A:

completion: The purpose of this paper is to determine whether or not the framers established a republican form of government. No other form is suited to the particular genius of the American people; only a republican form of government can carry forward the principles fought for in the Revolution or demonstrate that self-government is both possible and practical. Madison asks what are the distinctive characteristics of the republican form of government. Unfortunately, Madison continues, one cannot find the answer by reading certain books which purport to describe the constitutions of republican nations. Holland, Venice, and Poland are described by political writers as republics, but the power in all three governments is not derived from the people; it is held by kings, nobles, or a small group of people. Since the term "republic" is loosely used, we must look to the theoretical principles of republicanism as they have been defined. A republican form of government is one which derives its powers either directly or indirectly from the people and is administered by persons who hold public office for a limited period of time or during good behavior. No government can be called republican that derives its power from a few people or from a favored and wealthy class. The Constitution conforms to these republican principles. The people directly elect the House of Representatives; in addition, the people indirectly select the senators and the president. Even the judges will reflect the choice of the people since the president appoints them, and the senate confirms their appointment. The president, senators, and representatives hold office for a specified and limited term; judges are appointed for life but subject to good behavior. The constitutional prohibition against granting titles of nobility and the guarantee to the states that they shall enjoy a republican form of government is further proof that the new government is republican in nature. These facts do not satisfy all people. Some people claim that the Convention destroyed the federal aspect of the government by taking away too much power from the states. According to these opponents, the framers established a national form of government, one in which the citizens' are acted upon directly -- as citizens of the nation instead of citizens of the states. In reality, the proposed government contains both national and federal characteristics. It is true that the national government has authority over individuals as national citizens, but in many important respects the new plan of government is clearly federal in its form. The principle of federalism is reflected in the suggested method of ratification. The delegates to the ratifying conventions will vote as citizens of their states, not as citizens of the nation. The federal form is also reflected in the structure of the Senate in which the states are equally represented. The fact that the states retain certain exclusive and important powers is further proof of the federal nature of the proposed government. But, Madison says, we are not going to claim that there are no national features. Of course there are. Madison concludes that the government in its structure is both national and federal; in the operation of its powers, it is nation; in the extent of its power, it is federal.