To form a more precise judgment of the true merits of this question, it

will be well to advert to the proportion between the objects that will

require a federal provision in respect to revenue, and those which will

require a State provision. We shall discover that the former are

altogether unlimited, and that the latter are circumscribed within very

moderate bounds. In pursuing this inquiry, we must bear in mind that we

are not to confine our view to the present period, but to look forward

to remote futurity. Constitutions of civil government are not to be

framed upon a calculation of existing exigencies, but upon a

combination of these with the probable exigencies of ages, according to

the natural and tried course of human affairs. Nothing, therefore, can

be more fallacious than to infer the extent of any power, proper to be

lodged in the national government, from an estimate of its immediate

necessities. There ought to be a CAPACITY to provide for future

contingencies as they may happen; and as these are illimitable in their

nature, it is impossible safely to limit that capacity. It is true,

perhaps, that a computation might be made with sufficient accuracy to

answer the purpose of the quantity of revenue requisite to discharge

the subsisting engagements of the Union, and to maintain those

establishments which, for some time to come, would suffice in time of

peace. But would it be wise, or would it not rather be the extreme of

folly, to stop at this point, and to leave the government intrusted

with the care of the national defense in a state of absolute incapacity

to provide for the protection of the community against future invasions

of the public peace, by foreign war or domestic convulsions? If, on the

contrary, we ought to exceed this point, where can we stop, short of an

indefinite power of providing for emergencies as they may arise? Though

it is easy to assert, in general terms, the possibility of forming a

rational judgment of a due provision against probable dangers, yet we

may safely challenge those who make the assertion to bring forward

their data, and may affirm that they would be found as vague and

uncertain as any that could be produced to establish the probable

duration of the world. Observations confined to the mere prospects of

internal attacks can deserve no weight; though even these will admit of

no satisfactory calculation: but if we mean to be a commercial people,

it must form a part of our policy to be able one day to defend that

commerce. The support of a navy and of naval wars would involve

contingencies that must baffle all the efforts of political arithmetic.

Admitting that we ought to try the novel and absurd experiment in

politics of tying up the hands of government from offensive war founded

upon reasons of state, yet certainly we ought not to disable it from

guarding the community against the ambition or enmity of other nations.

A cloud has been for some time hanging over the European world. If it

should break forth into a storm, who can insure us that in its progress

a part of its fury would not be spent upon us? No reasonable man would

hastily pronounce that we are entirely out of its reach. Or if the

combustible materials that now seem to be collecting should be

dissipated without coming to maturity, or if a flame should be kindled

without extending to us, what security can we have that our

tranquillity will long remain undisturbed from some other cause or from

some other quarter? Let us recollect that peace or war will not always

be left to our option; that however moderate or unambitious we may be,

we cannot count upon the moderation, or hope to extinguish the ambition

of others. Who could have imagined at the conclusion of the last war

that France and Britain, wearied and exhausted as they both were, would

so soon have looked with so hostile an aspect upon each other? To judge

from the history of mankind, we shall be compelled to conclude that the

fiery and destructive passions of war reign in the human breast with

much more powerful sway than the mild and beneficent sentiments of

peace; and that to model our political systems upon speculations of

lasting tranquillity, is to calculate on the weaker springs of the

human character.

What are the chief sources of expense in every government? What has

occasioned that enormous accumulation of debts with which several of

the European nations are oppressed? The answers plainly is, wars and

rebellions; the support of those institutions which are necessary to

guard the body politic against these two most mortal diseases of

society. The expenses arising from those institutions which are

relative to the mere domestic police of a state, to the support of its

legislative, executive, and judicial departments, with their different

appendages, and to the encouragement of agriculture and manufactures

(which will comprehend almost all the objects of state expenditure),

are insignificant in comparison with those which relate to the national

defense.

In the kingdom of Great Britain, where all the ostentatious apparatus

of monarchy is to be provided for, not above a fifteenth part of the

annual income of the nation is appropriated to the class of expenses

last mentioned; the other fourteen fifteenths are absorbed in the

payment of the interest of debts contracted for carrying on the wars in

which that country has been engaged, and in the maintenance of fleets

and armies. If, on the one hand, it should be observed that the

expenses incurred in the prosecution of the ambitious enterprises and

vainglorious pursuits of a monarchy are not a proper standard by which

to judge of those which might be necessary in a republic, it ought, on

the other hand, to be remarked that there should be as great a

disproportion between the profusion and extravagance of a wealthy

kingdom in its domestic administration, and the frugality and economy

which in that particular become the modest simplicity of republican

government. If we balance a proper deduction from one side against that

which it is supposed ought to be made from the other, the proportion

may still be considered as holding good.

But let us advert to the large debt which we have ourselves contracted

in a single war, and let us only calculate on a common share of the

events which disturb the peace of nations, and we shall instantly

perceive, without the aid of any elaborate illustration, that there

must always be an immense disproportion between the objects of federal

and state expenditures. It is true that several of the States,

separately, are encumbered with considerable debts, which are an

excrescence of the late war. But this cannot happen again, if the

proposed system be adopted; and when these debts are discharged, the

only call for revenue of any consequence, which the State governments

will continue to experience, will be for the mere support of their

respective civil list; to which, if we add all contingencies, the total

amount in every State ought to fall considerably short of two hundred

thousand pounds.

In framing a government for posterity as well as ourselves, we ought,

in those provisions which are designed to be permanent, to calculate,

not on temporary, but on permanent causes of expense. If this principle

be a just one our attention would be directed to a provision in favor

of the State governments for an annual sum of about two hundred

thousand pounds; while the exigencies of the Union could be susceptible

of no limits, even in imagination. In this view of the subject, by what

logic can it be maintained that the local governments ought to command,

in perpetuity, an EXCLUSIVE source of revenue for any sum beyond the

extent of two hundred thousand pounds? To extend its power further, in

EXCLUSION of the authority of the Union, would be to take the resources

of the community out of those hands which stood in need of them for the

public welfare, in order to put them into other hands which could have

no just or proper occasion for them.

Suppose, then, the convention had been inclined to proceed upon the

principle of a repartition of the objects of revenue, between the Union

and its members, in PROPORTION to their comparative necessities; what

particular fund could have been selected for the use of the States,

that would not either have been too much or too little too little for

their present, too much for their future wants? As to the line of

separation between external and internal taxes, this would leave to the

States, at a rough computation, the command of two thirds of the

resources of the community to defray from a tenth to a twentieth part

of its expenses; and to the Union, one third of the resources of the

community, to defray from nine tenths to nineteen twentieths of its

expenses. If we desert this boundary and content ourselves with leaving

to the States an exclusive power of taxing houses and lands, there

would still be a great disproportion between the MEANS and the END; the

possession of one third of the resources of the community to supply, at

most, one tenth of its wants. If any fund could have been selected and

appropriated, equal to and not greater than the object, it would have

been inadequate to the discharge of the existing debts of the

particular States, and would have left them dependent on the Union for

a provision for this purpose.

The preceding train of observation will justify the position which has

been elsewhere laid down, that “A CONCURRENT JURISDICTION in the

article of taxation was the only admissible substitute for an entire

subordination, in respect to this branch of power, of State authority

to that of the Union.” Any separation of the objects of revenue that

could have been fallen upon, would have amounted to a sacrifice of the

great INTERESTS of the Union to the POWER of the individual States. The

convention thought the concurrent jurisdiction preferable to that

subordination; and it is evident that it has at least the merit of

reconciling an indefinite constitutional power of taxation in the

Federal government with an adequate and independent power in the States

to provide for their own necessities. There remain a few other lights,

in which this important subject of taxation will claim a further

consideration.

PUBLIUS.

THE FEDERALIST.

No. XXXV.

The Same Subject Continued

(Concerning the General Power of Taxation)

For the Independent Journal.

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.

THE FEDERALIST.

No. XXXVI.

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.

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