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

FEDERALIST No. 35

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

FEDERALIST No. 36

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.

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