OF THE FAILURE OF CONFEDERATION[42]

In the course of the preceding papers, I have endeavored, my fellow

citizens, to place before you, in a clear and convincing light, the

importance of union to your political safety and happiness. I have

unfolded to you a complication of dangers to which you would be

exposed, should you permit that sacred knot, which binds the people of

America together, to be severed or dissolved by ambition or by

avarice, by jealousy or by misrepresentation. In the sequel of the

inquiry through which I propose to accompany you the truths intended

to be inculcated will receive further confirmation from facts and

arguments hitherto unnoticed. If the road over which you will still

have to pass should in some places appear to you tedious or irksome,

you will recollect that you are in quest of information on a subject

the most momentous which can engage the attention of a free people;

that the field through which you have to travel is in itself spacious,

and that the difficulties of the journey have been unnecessarily

increased by the mazes with which sophistry has beset the way. It will

be my aim to remove the obstacles to your progress in as compendious a

manner as it can be done without sacrificing utility to dispatch.

[Footnote 42: From No. 15 of the "Federalist" Papers, now printed in

Volume IX of the "Works of Hamilton," edited by Henry Cabot Lodge.]

In pursuance of the plan which I have laid down for the discussion of

the subject, the point next in order to be examined is the

"insufficiency of the present confederation to the preservation of the

Union."

It may perhaps be asked what need there is of reasoning or proof to

illustrate a position which is neither controverted nor doubted; to

which the understandings and feelings of all classes of men assent;

and which in substance is admitted by the opponents as well as by the

friends of the new constitution? It must in truth be acknowledged

that, however these may differ in other respects, they in general

appear to harmonize in the opinion that there are material

imperfections in our national system, and that something is necessary

to be done to rescue us from impending anarchy. The facts that support

this opinion are no longer objects of speculation. They have forced

themselves upon the sensibility of the people at large, and have at

length extorted from those whose mistaken policy has had the principal

share in precipitating the extremity at which we are arrived, a

reluctant confession of the reality of many of those defects in the

scheme of our federal government which have been long pointed out and

regretted by the intelligent friends of the Union.

We may, indeed, with propriety be said to have reached almost the last

stage of national humiliation. There is scarcely anything that can

wound the pride, or degrade the character of an independent people

which we do not experience. Are there engagements, to the performance

of which we are held by every tie respectable among men? These are the

subjects of constant and unblushing violation. Do we owe debts to

foreigners, and to our own citizens, contracted in a time of imminent

peril, for the preservation of our political existence? These remain

without any proper or satisfactory provision for their discharge. Have

we valuable territories and important posts in the possession of a

foreign power, which, by express stipulations, ought long since to

have been surrendered? These are still retained, to the prejudice of

our interests not less than of our rights. Are we in a condition to

resent or to repel the aggression? We have neither troops, nor

treasury, nor government. Are we even in a condition to remonstrate

with dignity? The just imputations on our own faith, in respect to the

same treaty, ought first to be removed. Are we entitled, by nature and

compact, to a free participation in the navigation of the Mississippi?

Spain excludes us from it. Is public credit an indispensable resource

in time of public danger? We seem to have abandoned its cause as

desperate and irretrievable. Is commerce of importance to national

wealth? Ours is at the lowest point of declension. Is respectability

in the eyes of foreign powers a safeguard against foreign

encroachments? The imbecility of our government even forbids them to

treat with us: our ambassadors abroad are the mere pageants of mimic

sovereignty.

Is a violent and unnatural decrease in the value of land a symptom of

national distress? The price of improved land, in most parts of the

country, is much lower than can be accounted for by the quantity of

waste land at market, and can only be fully explained by that want of

private and public confidence which are so alarmingly prevalent among

all ranks, and which have a direct tendency to depreciate property of

every kind. Is private credit the friend and patron of industry? That

most useful kind which relates to borrowing and lending is reduced

within the narrowest limits, and this still more from an opinion of

insecurity than from a scarcity of money. To shorten an enumeration of

particulars which can afford neither pleasure nor instruction, it may

in general be demanded what indication is there of national disorder,

poverty, and insignificance that could befall a community so

peculiarly blest with natural advantages as we are, which does not

form a part of the dark catalog of our public misfortunes?

This is the melancholy situation to which we have been brought by

those very maxims and counsels which would now deter us from adopting

the proposed constitution; and which, not content with having

conducted us to the brink of a precipice, seem resolved to plunge us

into the abyss that awaits us below. Here, my countrymen, impelled by

every motive that ought to influence an enlightened people, let us

make a firm stand for our safety, our tranquillity, our dignity, our

reputation. Let us at last break the fatal charm which has too long

seduced us from the paths of felicity and prosperity.

It is true, as has been before observed, that facts too stubborn to be

resisted have produced a species of general assent to the abstract

proposition that there exist material defects in our national system;

but the usefulness of the concession, on the part of the old

adversaries of federal measures, is destroyed by a strenuous

opposition to a remedy, upon the only principles that can give it a

chance of success. While they admit that the government of the United

States is destitute of energy, they contend against conferring upon it

those powers which are requisite to supply that energy. They seem

still to aim at things repugnant and irreconcilable; at an

augmentation of federal authority, without a diminution of State

authority; at sovereignty in the Union, and complete independence in

the members. They still, in fine, seem to cherish with blind devotion

the political monster of an _imperium in imperio_. This renders a full

display of the principal defects of the confederation necessary in

order to show that the evils we experience do not proceed from minute

or partial imperfections, but from fundamental errors in the structure

of the building, which can not be amended otherwise than by an

alteration in the very elements and main pillars of the fabric.

The great and radical vice in the construction of the existing

confederation is in the principle of legislation for states or

governments in their corporate or collective capacities, and as

contra-distinguished from the individuals of whom they consist. Tho

this principle does not run through all the powers delegated to the

Union; yet it pervades and governs those on which the efficacy of the

rest depends: except as to the rule of apportionment, the United

States have an indefinite discretion to make requisitions for men and

money; but they have no authority to raise either by regulations

extending to the individual citizens of America. The consequence of

this is that, tho in theory their resolutions concerning those objects

are laws constitutionally binding on the members of the Union, yet in

practise they are mere recommendations, which the States observe or

disregard at their option.

It is a singular instance of the capriciousness of the human mind that

after all the admonitions we have had from experience on this head,

there should still be found men who object to the new constitution for

deviating from a principle which has been found the bane of the old;

and which is, in itself, evidently incompatible with the idea of a

government; a principle, in short, which, if it is to be executed at

all, must substitute the violent and sanguinary agency of the sword to

the mild influence of the magistracy.

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