We have now no other alternative than independence, or the most

ignominious and galling servitude. The legions of our enemies thicken on

our plains; desolation and death mark their bloody career; whilst the

mangled corpses of our countrymen seem to cry out to us as a voice from

heaven: "Will you permit our posterity to groan under the galling chains

of our murderers? Has our blood been expended in vain? Is the only

reward which our constancy, till death, has obtained for our country,

that it should be sunk into a deeper and more ignominious vassalage?"

Recollect who are the men that demand your submission; to whose decrees

you are invited to pay obedience! Men who, unmindful of their relation

to you as brethren, of your long implicit submission to their laws; of

the sacrifice which you and your forefathers made of your natural

advantages for commerce to their avarice,--formed a deliberate plan to

wrest from you the small pittance of property which they had permitted

you to acquire. Remember that the men who wish to rule over you are they

who, in pursuit of this plan of despotism, annulled the sacred contracts

which had been made with your ancestors; conveyed into your cities a

mercenary soldiery to compel you to submission by insult and murder--who

called your patience, cowardice; your piety, hypocrisy.

Countrymen! the men who now invite you to surrender your rights into

their hands are the men who have let loose the merciless savages to riot

in the blood of their brethren--who have dared to establish popery

triumphant in our land--who have taught treachery to your slaves, and

courted them to assassinate your wives and children.

These are the men to whom we are exhorted to sacrifice the blessings

which Providence holds out to us--the happiness, the dignity of

uncontrolled freedom and independence.

Let not your generous indignation be directed against any among us who

may advise so absurd and madd'ning a measure. Their number is but few

and daily decreased; and the spirit which can render them patient of

slavery, will render them contemptible enemies.

Our Union is now complete; our Constitution composed, established, and

approved. You are now the guardians of your own liberties. We may justly

address you, as the _Decemviri_ did the Romans, and say: "Nothing that

we propose, can pass into a law without your consent. Be yourselves, O

Americans, the authors of those laws on which your happiness depends."

You have now, in the field, armies sufficient to repel the whole force

of your enemies, and their base and mercenary auxiliaries. The hearts of

your soldiers beat high with the spirit of freedom--they are animated

with the justice of their cause, and while they grasp their swords, can

look up to Heaven for assistance. Your adversaries are composed of

wretches who laugh at the rights of humanity, who turn religion into

derision, and would, for higher wages, direct their swords against their

leaders or their country. Go on, then, in your generous enterprise, with

gratitude to Heaven for past success, and confidence of it in the

future. For my own part, I ask no greater blessing than to share with

you the common danger and common glory. If I have a wish dearer to my

soul, than that my ashes may be mingled with those of a Warren and a

Montgomery, it is--that these American States may never cease to be free

and independent!

ALEXANDER HAMILTON,

OF NEW YORK. (BORN 1757, DIED 1804.)

ON THE EXPEDIENCY OF ADOPTING THE FEDERAL CONSTITUTION

--CONVENTION OF NEW YORK,

JUNE 24, 1788.

I am persuaded, Mr. Chairman, that I in my turn shall be indulged, in

addressing the committee. We all, in equal sincerity, profess to be

anxious for the establishment of a republican government, on a safe and

solid basis. It is the object of the wishes of every honest man in the

United States, and I presume that I shall not be disbelieved, when I

declare, that it is an object of all others, the nearest and most dear

to my own heart. The means of accomplishing this great purpose become

the most important study which can interest mankind. It is our duty to

examine all those means with peculiar attention, and to choose the best

and most effectual. It is our duty to draw from nature, from reason,

from examples, the best principles of policy, and to pursue and apply

them in the formation of our government. We should contemplate and

compare the systems, which, in this examination, come under our view;

distinguish, with a careful eye, the defects and excellencies of each,

and discarding the former, incorporate the latter, as far as

circumstances will admit, into our Constitution. If we pursue a

different course and neglect this duty, we shall probably disappoint the

expectations of our country and of the world.

In the commencement of a revolution, which received its birth from the

usurpations of tyranny, nothing was more natural, than that the public

mind should be influenced by an extreme spirit of jealousy. To resist

these encroachments, and to nourish this spirit, was the great object of

all our public and private institutions. The zeal for liberty became

predominant and excessive. In forming our confederation, this passion

alone seemed to actuate us, and we appear to have had no other view than

to secure ourselves from despotism. The object certainly was a valuable

one, and deserved our utmost attention. But, sir, there is another

object equally important, and which our enthusiasm rendered us little

capable of regarding: I mean a principle of strength and stability in

the organization of our government, and vigor in its operations. This

purpose can never be accomplished but by the establishment of some

select body, formed peculiarly upon this principle. There are few

positions more demonstrable than that there should be in every republic,

some permanent body to correct the prejudices, check the intemperate

passions, and regulate the fluctuations of a popular assembly. It is

evident, that a body instituted for these purposes, must be so formed as

to exclude as much as possible from its own character, those infirmities

and that mutability which it is designed to remedy. It is therefore

necessary that it should be small, that it should hold its authority

during a considerable period, and that it should have such an

independence in the exercise of its powers, as will divest it as much as

possible of local prejudices. It should be so formed as to be the centre

of political knowledge, to pursue always a steady line of conduct, and

to reduce every irregular propensity to system. Without this

establishment, we may make experiments without end, but shall never have

an efficient government.

It is an unquestionable truth, that the body of the people in every

country desire sincerely its prosperity; but it is equally

unquestionable, that they do not possess the discernment and stability

necessary for systematic government. To deny that they are frequently

led into the grossest errors by misinformation and passion, would be a

flattery which their own good sense must despise. That branch of

administration especially, which involves our political relations with

foreign states, a community will ever be incompetent to. These truths

are not often held up in public assemblies: but they cannot be unknown

to any who hear me. From these principles it follows, that there ought

to be two distinct bodies in our government: one, which shall be

immediately constituted by and peculiarly represent the people, and

possess all the popular features; another, formed upon the principle,

and for the purposes, before explained. Such considerations as these

induced the convention who formed your State constitution, to institute

a Senate upon the present plan. The history of ancient and modern

republics had taught them, that many of the evils which these republics

had suffered, arose from the want of a certain balance and mutual

control indispensable to a wise administration; they were convinced that

popular assemblies are frequently misguided by ignorance, by sudden

impulses, and the intrigues of ambitious men; and that some firm barrier

against these operations was necessary; they, therefore, instituted your

Senate, and the benefits we have experienced have fully justified their

conceptions.

Gentlemen, in their reasoning, have placed the interests of the several

States, and those of the United States in contrast; this is not a fair

view of the subject; they must necessarily be involved in each other.

What we apprehend is, that some sinister prejudice, or some prevailing

passion, may assume the form of a genuine interest. The influence of

these is as powerful as the most permanent conviction of the public

good; and against this influence we ought to provide. The local

interests of a State ought in every case to give way to the interests of

the Union; for when a sacrifice of one or the other is necessary, the

former becomes only an apparent, partial interest, and should yield, on

the principle that the small good ought never to oppose the great one.

When you assemble from your several counties in the Legislature, were

every member to be guided only by the apparent interests of his county,

government would be impracticable. There must be a perpetual

accommodation and sacrifice of local advantages to general expediency;

but the spirit of a mere popular assembly would rarely be actuated by

this important principle. It is therefore absolutely necessary that the

Senate should be so formed, as to be unbiased by false conceptions of

the real interests, or undue attachment to the apparent good of their

several States.

Gentlemen indulge too many unreasonable apprehensions of danger to the

State governments; they seem to suppose that the moment you put men into

a national council, they become corrupt and tyrannical, and lose all

their affection for their fellow-citizens. But can we imagine that the

Senators will ever be so insensible of their own advantage, as to

sacrifice the genuine interest of their constituents? The State

governments are essentially necessary to the form and spirit of the

general system. As long, therefore, as Congress has a full conviction of

this necessity, they must, even upon principles purely national, have as

firm an attachment to the one as to the other. This conviction can never

leave them, unless they become madmen. While the constitution continues

to be read, and its principle known, the States must, by every rational

man, be considered as essential, component parts of The Union; and

therefore the idea of sacrificing the former to the latter is wholly

inadmissible.

The objectors do not advert to the natural strength and resources of

State governments, which will ever give them an important superiority

over the general government. If we compare the nature of their different

powers, or the means of popular influence which each possesses, we shall

find the advantage entirely on the side of the States. This

consideration, important as it is, seems to have been little attended

to. The aggregate number of representatives throughout the States may be

two thousand. Their personal influence will, therefore, be

proportionably more extensive than that of one or two hundred men in

Congress. The State establishments of civil and military officers of

every description, infinitely surpassing in number any possible

correspondent establishments in the general government, will create such

an extent and complication of attachments, as will ever secure the

predilection and support of the people. Whenever, therefore, Congress

shall meditate any infringement of the State constitutions, the great

body of the people will naturally take part with their domestic

representatives. Can the general government withstand such an united

opposition? Will the people suffer themselves to be stripped of their

privileges? Will they suffer their Legislatures to be reduced to a

shadow and a name? The idea is shocking to common-sense.

From the circumstances already explained, and many others which might be

mentioned, results a complicated, irresistible check, which must ever

support the existence and importance of the State governments. The

danger, if any exists, flows from an opposite source. The probable evil

is, that the general government will be too dependent on the State

Legislatures, too much governed by their prejudices, and too obsequious

to their humors; that the States, with every power in their hands, will

make encroachments on the national authority, till the Union is weakened

and dissolved.

Every member must have been struck with an observation of a gentleman

from Albany. Do what you will, says he, local prejudices and opinions

will go into the government.

What! shall we then form a constitution to cherish and strengthen these

prejudices? Shall we confirm the distemper, instead of remedying it. It

is undeniable that there must be a control somewhere. Either the general

interest is to control the particular interests, or the contrary. If the

former, then certainly the government ought to be so framed, as to

render the power of control efficient to all intents and purposes; if

the latter, a striking absurdity follows; the controlling powers must be

as numerous as the varying interests, and the operations of the

government must therefore cease; for the moment you accommodate these

different interests, which is the only way to set the government in

motion, you establish a controlling power. Thus, whatever constitutional

provisions are made to the contrary, every government will be at last

driven to the necessity of subjecting the partial to the universal

interest. The gentlemen ought always, in their reasoning, to distinguish

between the real, genuine good of a State, and the opinions and

prejudices which may prevail respecting it; the latter may be opposed to

the general good, and consequently ought to be sacrificed; the former is

so involved in it, that it never can be sacrificed.

There are certain social principles in human nature from which we may

draw the most solid conclusions with respect to the conduct of

individuals and of communities. We love our families more than our

neighbors; we love our neighbors more than our countrymen in general.

The human affections, like the solar heat, lose their intensity as they

depart from the centre, and become languid in proportion to the

expansion of the circle on which they act. On these principles, the

attachment of the individual will be first and forever secured by the

State governments; they will be a mutual protection and support. Another

source of influence, which has already been pointed out, is the various

official connections in the States. Gentlemen endeavor to evade the

force of this by saying that these offices will be insignificant. This

is by no means true. The State officers will ever be important, because

they are necessary and useful. Their powers are such as are extremely

interesting to the people; such as affect their property, their liberty,

and life. What is more important than the administration of justice and

the execution of the civil and criminal laws? Can the State governments

become insignificant while they have the power of raising money

independently and without control? If they are really useful; if they

are calculated to promote the essential interests of the people; they

must have their confidence and support. The States can never lose their

powers till the whole people of America are robbed of their liberties.

These must go together; they must support each other, or meet one common

fate. On the gentleman's principle, we may safely trust the State

governments, though we have no means of resisting them; but we cannot

confide in the national government, though we have an effectual

constitutional guard against every encroachment. This is the essence of

their argument, and it is false and fallacious beyond conception.

With regard to the jurisdiction of the two governments, I shall

certainly admit that the Constitution ought to be so formed as not to

prevent the States from providing for their own existence; and I

maintain that it is so formed; and that their power of providing for

themselves is sufficiently established. This is conceded by one

gentleman, and in the next breath the concession is retracted. He says

Congress has but one exclusive right in taxation--that of duties on

imports; certainly, then, their other powers are only concurrent. But to

take off the force of this obvious conclusion, he immediately says that

the laws of the United States are supreme; and that where there is one

supreme there cannot be a concurrent authority; and further, that where

the laws of the Union are supreme, those of the States must be

subordinate; because there cannot be two supremes. This is curious

sophistry. That two supreme powers cannot act together is false. They

are inconsistent only when they are aimed at each other or at one

indivisible object. The laws of the United States are supreme, as to all

their proper, constitutional objects; the laws of the States are supreme

in the same way. These supreme laws may act on different objects without

clashing; or they may operate on different parts of the same common

object with perfect harmony. Suppose both governments should lay a tax

of a penny on a certain article; has not each an independent and

uncontrollable power to collect its own tax? The meaning of the maxim,

there cannot be two supremes, is simply this--two powers cannot be

supreme over each other. This meaning is entirely perverted by the

gentlemen. But, it is said, disputes between collectors are to be

referred to the federal courts. This is again wandering in the field of

conjecture. But suppose the fact is certain; is it not to be presumed

that they will express the true meaning of the Constitution and the

laws? Will they not be bound to consider the concurrent jurisdiction; to

declare that both the taxes shall have equal operation; that both the

powers, in that respect, are sovereign and co-extensive? If they

transgress their duty, we are to hope that they will be punished. Sir,

we can reason from probabilities alone. When we leave common-sense, and

give ourselves up to conjecture, there can be no certainty, no security

in our reasonings.

I imagine I have stated to the committee abundant reasons to prove the

entire safety of the State governments and of the people. I would go

into a more minute consideration of the nature of the concurrent

jurisdiction, and the operation of the laws in relation to revenue; but

at present I feel too much indisposed to proceed. I shall, with leave of

the committee, improve another opportunity of expressing to them more

fully my ideas on this point. I wish the committee to remember that the

Constitution under examination is framed upon truly republican

principles; and that, as it is expressly designed to provide for the

common protection and the general welfare of the United States, it must

be utterly repugnant to this Constitution to subvert the State

governments or oppress the people.

JAMES MADISON,

OF VIRGINIA. (BORN 1751, DIED 1836.)

ON THE EXPEDIENCY OF ADOPTING THE FEDERAL CONSTITUTION--CONVENTION OF

VIRGINIA,

JUNE 6, 1788.

MR. CHAIRMAN:

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