A sample of this is to be observed in the exaggerated and improbable

suggestions which have taken place respecting the power of calling for

the services of the militia. That of New Hampshire is to be marched to

Georgia, of Georgia to New Hampshire, of New York to Kentucky, and of

Kentucky to Lake Champlain. Nay, the debts due to the French and Dutch

are to be paid in militiamen instead of louis d’ors and ducats. At one

moment there is to be a large army to lay prostrate the liberties of

the people; at another moment the militia of Virginia are to be dragged

from their homes five or six hundred miles, to tame the republican

contumacy of Massachusetts; and that of Massachusetts is to be

transported an equal distance to subdue the refractory haughtiness of

the aristocratic Virginians. Do the persons who rave at this rate

imagine that their art or their eloquence can impose any conceits or

absurdities upon the people of America for infallible truths?

If there should be an army to be made use of as the engine of

despotism, what need of the militia? If there should be no army,

whither would the militia, irritated by being called upon to undertake

a distant and hopeless expedition, for the purpose of riveting the

chains of slavery upon a part of their countrymen, direct their course,

but to the seat of the tyrants, who had meditated so foolish as well as

so wicked a project, to crush them in their imagined intrenchments of

power, and to make them an example of the just vengeance of an abused

and incensed people? Is this the way in which usurpers stride to

dominion over a numerous and enlightened nation? Do they begin by

exciting the detestation of the very instruments of their intended

usurpations? Do they usually commence their career by wanton and

disgustful acts of power, calculated to answer no end, but to draw upon

themselves universal hatred and execration? Are suppositions of this

sort the sober admonitions of discerning patriots to a discerning

people? Or are they the inflammatory ravings of incendiaries or

distempered enthusiasts? If we were even to suppose the national rulers

actuated by the most ungovernable ambition, it is impossible to believe

that they would employ such preposterous means to accomplish their

designs.

In times of insurrection, or invasion, it would be natural and proper

that the militia of a neighboring State should be marched into another,

to resist a common enemy, or to guard the republic against the violence

of faction or sedition. This was frequently the case, in respect to the

first object, in the course of the late war; and this mutual succor is,

indeed, a principal end of our political association. If the power of

affording it be placed under the direction of the Union, there will be

no danger of a supine and listless inattention to the dangers of a

neighbor, till its near approach had superadded the incitements of

selfpreservation to the too feeble impulses of duty and sympathy.

PUBLIUS.

THE FEDERALIST.

No. XXX.

Concerning the General Power of Taxation

From the New York Packet.

Friday, December 28, 1787.

HAMILTON

To the People of the State of New York:

It has been already observed that the federal government ought to

possess the power of providing for the support of the national forces;

in which proposition was intended to be included the expense of raising

troops, of building and equipping fleets, and all other expenses in any

wise connected with military arrangements and operations. But these are

not the only objects to which the jurisdiction of the Union, in respect

to revenue, must necessarily be empowered to extend. It must embrace a

provision for the support of the national civil list; for the payment

of the national debts contracted, or that may be contracted; and, in

general, for all those matters which will call for disbursements out of

the national treasury. The conclusion is, that there must be

interwoven, in the frame of the government, a general power of

taxation, in one shape or another.

Money is, with propriety, considered as the vital principle of the body

politic; as that which sustains its life and motion, and enables it to

perform its most essential functions. A complete power, therefore, to

procure a regular and adequate supply of it, as far as the resources of

the community will permit, may be regarded as an indispensable

ingredient in every constitution. From a deficiency in this particular,

one of two evils must ensue; either the people must be subjected to

continual plunder, as a substitute for a more eligible mode of

supplying the public wants, or the government must sink into a fatal

atrophy, and, in a short course of time, perish.

In the Ottoman or Turkish empire, the sovereign, though in other

respects absolute master of the lives and fortunes of his subjects, has

no right to impose a new tax. The consequence is that he permits the

bashaws or governors of provinces to pillage the people without mercy;

and, in turn, squeezes out of them the sums of which he stands in need,

to satisfy his own exigencies and those of the state. In America, from

a like cause, the government of the Union has gradually dwindled into a

state of decay, approaching nearly to annihilation. Who can doubt, that

the happiness of the people in both countries would be promoted by

competent authorities in the proper hands, to provide the revenues

which the necessities of the public might require?

The present Confederation, feeble as it is intended to repose in the

United States, an unlimited power of providing for the pecuniary wants

of the Union. But proceeding upon an erroneous principle, it has been

done in such a manner as entirely to have frustrated the intention.

Congress, by the articles which compose that compact (as has already

been stated), are authorized to ascertain and call for any sums of

money necessary, in their judgment, to the service of the United

States; and their requisitions, if conformable to the rule of

apportionment, are in every constitutional sense obligatory upon the

States. These have no right to question the propriety of the demand; no

discretion beyond that of devising the ways and means of furnishing the

sums demanded. But though this be strictly and truly the case; though

the assumption of such a right would be an infringement of the articles

of Union; though it may seldom or never have been avowedly claimed, yet

in practice it has been constantly exercised, and would continue to be

so, as long as the revenues of the Confederacy should remain dependent

on the intermediate agency of its members. What the consequences of

this system have been, is within the knowledge of every man the least

conversant in our public affairs, and has been amply unfolded in

different parts of these inquiries. It is this which has chiefly

contributed to reduce us to a situation, which affords ample cause both

of mortification to ourselves, and of triumph to our enemies.

What remedy can there be for this situation, but in a change of the

system which has produced it in a change of the fallacious and delusive

system of quotas and requisitions? What substitute can there be

imagined for this ignis fatuus in finance, but that of permitting the

national government to raise its own revenues by the ordinary methods

of taxation authorized in every well-ordered constitution of civil

government? Ingenious men may declaim with plausibility on any subject;

but no human ingenuity can point out any other expedient to rescue us

from the inconveniences and embarrassments naturally resulting from

defective supplies of the public treasury.

The more intelligent adversaries of the new Constitution admit the

force of this reasoning; but they qualify their admission by a

distinction between what they call INTERNAL and EXTERNAL taxation. The

former they would reserve to the State governments; the latter, which

they explain into commercial imposts, or rather duties on imported

articles, they declare themselves willing to concede to the federal

head. This distinction, however, would violate the maxim of good sense

and sound policy, which dictates that every POWER ought to be in

proportion to its OBJECT; and would still leave the general government

in a kind of tutelage to the State governments, inconsistent with every

idea of vigor or efficiency. Who can pretend that commercial imposts

are, or would be, alone equal to the present and future exigencies of

the Union? Taking into the account the existing debt, foreign and

domestic, upon any plan of extinguishment which a man moderately

impressed with the importance of public justice and public credit could

approve, in addition to the establishments which all parties will

acknowledge to be necessary, we could not reasonably flatter ourselves,

that this resource alone, upon the most improved scale, would even

suffice for its present necessities. Its future necessities admit not

of calculation or limitation; and upon the principle, more than once

adverted to, the power of making provision for them as they arise ought

to be equally unconfined. I believe it may be regarded as a position

warranted by the history of mankind, that, IN THE USUAL PROGRESS OF

THINGS, THE NECESSITIES OF A NATION, IN EVERY STAGE OF ITS EXISTENCE,

WILL BE FOUND AT LEAST EQUAL TO ITS RESOURCES.

To say that deficiencies may be provided for by requisitions upon the

States, is on the one hand to acknowledge that this system cannot be

depended upon, and on the other hand to depend upon it for every thing

beyond a certain limit. Those who have carefully attended to its vices

and deformities as they have been exhibited by experience or delineated

in the course of these papers, must feel invincible repugnancy to

trusting the national interests in any degree to its operation. Its

inevitable tendency, whenever it is brought into activity, must be to

enfeeble the Union, and sow the seeds of discord and contention between

the federal head and its members, and between the members themselves.

Can it be expected that the deficiencies would be better supplied in

this mode than the total wants of the Union have heretofore been

supplied in the same mode? It ought to be recollected that if less will

be required from the States, they will have proportionably less means

to answer the demand. If the opinions of those who contend for the

distinction which has been mentioned were to be received as evidence of

truth, one would be led to conclude that there was some known point in

the economy of national affairs at which it would be safe to stop and

to say: Thus far the ends of public happiness will be promoted by

supplying the wants of government, and all beyond this is unworthy of

our care or anxiety. How is it possible that a government half supplied

and always necessitous, can fulfill the purposes of its institution,

can provide for the security, advance the prosperity, or support the

reputation of the commonwealth? How can it ever possess either energy

or stability, dignity or credit, confidence at home or respectability

abroad? How can its administration be any thing else than a succession

of expedients temporizing, impotent, disgraceful? How will it be able

to avoid a frequent sacrifice of its engagements to immediate

necessity? How can it undertake or execute any liberal or enlarged

plans of public good?

Let us attend to what would be the effects of this situation in the

very first war in which we should happen to be engaged. We will

presume, for argument’s sake, that the revenue arising from the impost

duties answers the purposes of a provision for the public debt and of a

peace establishment for the Union. Thus circumstanced, a war breaks

out. What would be the probable conduct of the government in such an

emergency? Taught by experience that proper dependence could not be

placed on the success of requisitions, unable by its own authority to

lay hold of fresh resources, and urged by considerations of national

danger, would it not be driven to the expedient of diverting the funds

already appropriated from their proper objects to the defense of the

State? It is not easy to see how a step of this kind could be avoided;

and if it should be taken, it is evident that it would prove the

destruction of public credit at the very moment that it was becoming

essential to the public safety. To imagine that at such a crisis credit

might be dispensed with, would be the extreme of infatuation. In the

modern system of war, nations the most wealthy are obliged to have

recourse to large loans. A country so little opulent as ours must feel

this necessity in a much stronger degree. But who would lend to a

government that prefaced its overtures for borrowing by an act which

demonstrated that no reliance could be placed on the steadiness of its

measures for paying? The loans it might be able to procure would be as

limited in their extent as burdensome in their conditions. They would

be made upon the same principles that usurers commonly lend to bankrupt

and fraudulent debtors, with a sparing hand and at enormous premiums.

It may perhaps be imagined that, from the scantiness of the resources

of the country, the necessity of diverting the established funds in the

case supposed would exist, though the national government should

possess an unrestrained power of taxation. But two considerations will

serve to quiet all apprehension on this head: one is, that we are sure

the resources of the community, in their full extent, will be brought

into activity for the benefit of the Union; the other is, that whatever

deficiences there may be, can without difficulty be supplied by loans.

The power of creating new funds upon new objects of taxation, by its

own authority, would enable the national government to borrow as far as

its necessities might require. Foreigners, as well as the citizens of

America, could then reasonably repose confidence in its engagements;

but to depend upon a government that must itself depend upon thirteen

other governments for the means of fulfilling its contracts, when once

its situation is clearly understood, would require a degree of

credulity not often to be met with in the pecuniary transactions of

mankind, and little reconcilable with the usual sharp-sightedness of

avarice.

Reflections of this kind may have trifling weight with men who hope to

see realized in America the halcyon scenes of the poetic or fabulous

age; but to those who believe we are likely to experience a common

portion of the vicissitudes and calamities which have fallen to the lot

of other nations, they must appear entitled to serious attention. Such

men must behold the actual situation of their country with painful

solicitude, and deprecate the evils which ambition or revenge might,

with too much facility, inflict upon it.

PUBLIUS.

THE FEDERALIST.

No. XXXI.

The Same Subject Continued

(Concerning the General Power of Taxation)

From the New York Packet.

Tuesday, January 1, 1788.

HAMILTON

To the People of the State of New York:

In disquisitions of every kind, there are certain primary truths, or

first principles, upon which all subsequent reasonings must depend.

These contain an internal evidence which, antecedent to all reflection

or combination, commands the assent of the mind. Where it produces not

this effect, it must proceed either from some defect or disorder in the

organs of perception, or from the influence of some strong interest, or

passion, or prejudice. Of this nature are the maxims in geometry, that

“the whole is greater than its part; things equal to the same are equal

to one another; two straight lines cannot enclose a space; and all

right angles are equal to each other.” Of the same nature are these

other maxims in ethics and politics, that there cannot be an effect

without a cause; that the means ought to be proportioned to the end;

that every power ought to be commensurate with its object; that there

ought to be no limitation of a power destined to effect a purpose which

is itself incapable of limitation. And there are other truths in the

two latter sciences which, if they cannot pretend to rank in the class

of axioms, are yet such direct inferences from them, and so obvious in

themselves, and so agreeable to the natural and unsophisticated

dictates of common-sense, that they challenge the assent of a sound and

unbiased mind, with a degree of force and conviction almost equally

irresistible.

The objects of geometrical inquiry are so entirely abstracted from

those pursuits which stir up and put in motion the unruly passions of

the human heart, that mankind, without difficulty, adopt not only the

more simple theorems of the science, but even those abstruse paradoxes

which, however they may appear susceptible of demonstration, are at

variance with the natural conceptions which the mind, without the aid

of philosophy, would be led to entertain upon the subject. The INFINITE

DIVISIBILITY of matter, or, in other words, the INFINITE divisibility

of a FINITE thing, extending even to the minutest atom, is a point

agreed among geometricians, though not less incomprehensible to

common-sense than any of those mysteries in religion, against which the

batteries of infidelity have been so industriously leveled.

But in the sciences of morals and politics, men are found far less

tractable. To a certain degree, it is right and useful that this should

be the case. Caution and investigation are a necessary armor against

error and imposition. But this untractableness may be carried too far,

and may degenerate into obstinacy, perverseness, or disingenuity.

Though it cannot be pretended that the principles of moral and

political knowledge have, in general, the same degree of certainty with

those of the mathematics, yet they have much better claims in this

respect than, to judge from the conduct of men in particular

situations, we should be disposed to allow them. The obscurity is much

oftener in the passions and prejudices of the reasoner than in the

subject. Men, upon too many occasions, do not give their own

understandings fair play; but, yielding to some untoward bias, they

entangle themselves in words and confound themselves in subtleties.

How else could it happen (if we admit the objectors to be sincere in

their opposition), that positions so clear as those which manifest the

necessity of a general power of taxation in the government of the

Union, should have to encounter any adversaries among men of

discernment? Though these positions have been elsewhere fully stated,

they will perhaps not be improperly recapitulated in this place, as

introductory to an examination of what may have been offered by way of

objection to them. They are in substance as follows:

A government ought to contain in itself every power requisite to the

full accomplishment of the objects committed to its care, and to the

complete execution of the trusts for which it is responsible, free from

every other control but a regard to the public good and to the sense of

the people.

As the duties of superintending the national defense and of securing

the public peace against foreign or domestic violence involve a

provision for casualties and dangers to which no possible limits can be

assigned, the power of making that provision ought to know no other

bounds than the exigencies of the nation and the resources of the

community.

As revenue is the essential engine by which the means of answering the

national exigencies must be procured, the power of procuring that

article in its full extent must necessarily be comprehended in that of

providing for those exigencies.

As theory and practice conspire to prove that the power of procuring

revenue is unavailing when exercised over the States in their

collective capacities, the federal government must of necessity be

invested with an unqualified power of taxation in the ordinary modes.

Did not experience evince the contrary, it would be natural to conclude

that the propriety of a general power of taxation in the national

government might safely be permitted to rest on the evidence of these

propositions, unassisted by any additional arguments or illustrations.

But we find, in fact, that the antagonists of the proposed

Constitution, so far from acquiescing in their justness or truth, seem

to make their principal and most zealous effort against this part of

the plan. It may therefore be satisfactory to analyze the arguments

with which they combat it.

Those of them which have been most labored with that view, seem in

substance to amount to this: “It is not true, because the exigencies of

the Union may not be susceptible of limitation, that its power of

laying taxes ought to be unconfined. Revenue is as requisite to the

purposes of the local administrations as to those of the Union; and the

former are at least of equal importance with the latter to the

happiness of the people. It is, therefore, as necessary that the State

governments should be able to command the means of supplying their

wants, as that the national government should possess the like faculty

in respect to the wants of the Union. But an indefinite power of

taxation in the LATTER might, and probably would in time, deprive the

FORMER of the means of providing for their own necessities; and would

subject them entirely to the mercy of the national legislature. As the

laws of the Union are to become the supreme law of the land, as it is

to have power to pass all laws that may be NECESSARY for carrying into

execution the authorities with which it is proposed to vest it, the

national government might at any time abolish the taxes imposed for

State objects upon the pretense of an interference with its own. It

might allege a necessity of doing this in order to give efficacy to the

national revenues. And thus all the resources of taxation might by

degrees become the subjects of federal monopoly, to the entire

exclusion and destruction of the State governments.”

This mode of reasoning appears sometimes to turn upon the supposition

of usurpation in the national government; at other times it seems to be

designed only as a deduction from the constitutional operation of its

intended powers. It is only in the latter light that it can be admitted

to have any pretensions to fairness. The moment we launch into

conjectures about the usurpations of the federal government, we get

into an unfathomable abyss, and fairly put ourselves out of the reach

of all reasoning. Imagination may range at pleasure till it gets

bewildered amidst the labyrinths of an enchanted castle, and knows not

on which side to turn to extricate itself from the perplexities into

which it has so rashly adventured. Whatever may be the limits or

modifications of the powers of the Union, it is easy to imagine an

endless train of possible dangers; and by indulging an excess of

jealousy and timidity, we may bring ourselves to a state of absolute

scepticism and irresolution. I repeat here what I have observed in

substance in another place, that all observations founded upon the

danger of usurpation ought to be referred to the composition and

structure of the government, not to the nature or extent of its powers.

The State governments, by their original constitutions, are invested

with complete sovereignty. In what does our security consist against

usurpation from that quarter? Doubtless in the manner of their

formation, and in a due dependence of those who are to administer them

upon the people. If the proposed construction of the federal government

be found, upon an impartial examination of it, to be such as to afford,

to a proper extent, the same species of security, all apprehensions on

the score of usurpation ought to be discarded.

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