[62] LETTER VIII.
The proposed confederation offers to us a system of diversified
representation in the legislative, executive, and judicial departments,
as essentially necessary to the good government of an extensive
republican empire. Every argument to recommend it, receives new force,
by contemplating events, that must take place. The number of states in
America will increase. If not united to the present, the consequences
are evident. If united, it must be by a plan that will communicate
equal liberty and assure just protection to them. These ends can never
be attained, but by a close combination of the several states.
It has been asserted, that a very extensive territory cannot be ruled
by a government of republican form. What is meant by this proposition?
Is it intended to abolish all ideas of connection, and to precipitate
us into the miseries of division, either as single states, or partial
confederacies? To stupify us into despondence, that destruction
may certainly seize us? The fancy of poets never feigned so dire a
Metamorphosis, as is now held up to us. The Ægis of their Minerva was
only said to turn men into stones. This spell is to turn “a band of
brethren,” into a monster, preying on itself, and preyed upon by all
its enemies.
If hope is not to be abandoned, common sense teaches us to attempt
the best means of preservation. This is all that men can do, and [63]
this they ought to do. Will it be said, that any kind of disunion,
or a connection tending to it, is preferable to a firm union? Or, is
there any charm in that despotism, which is said, to be alone competent
to the rule of such an empire? There is no evidence of fact, nor any
deduction of reason, that justifies the assertion. It is true, that
extensive territory has in general been arbitrarily governed; and it
is as true, that a number of republics, in such territory, loosely
connected, must inevitably rot into despotism.
It is said—Such territory has never been governed by a confederacy
of republics. Granted. But, where was there ever a confederacy of
republics, in such territory, united, as these states are to be by
the proposed constitution? Where was there ever a confederacy, in
which, the sovereignty of each state was equally represented in one
legislative body, the people of each state equally represented in
another, and the sovereignties and people of all the states conjointly
represented, possessed such a qualified and temperating authority
in making laws? Or, in which the appointment to federal offices was
vested in a chief magistrate chosen as our president is to be? Or,
in which, the acts of the executive department were regulated, as
they are to be with us? Or, in which, the federal judges were to hold
their offices independently and during good behaviour? Or, in which,
the authority over the militia and troops was so distributed and
controuled, as it is to be with us? Or, in which, the people were so
drawn together by religion, blood, language, manners and [64] customs,
undisturbed by former feuds or prejudices? Or, in which, the affairs
relating to the whole union, were to be managed by an assembly of
several representative bodies, invested with different powers that
became efficient only in concert, without their being embarrassed by
attention to other business? Or, in which, a provision was made for
the federal revenue, without recurring to coercion against states, the
miserable expedient, of every other confederacy that has existed, an
expedient always attended with odium, and often with a delay productive
of irreparable damage? Where was there ever a confederacy, that thus
adhered to the first principle in civil society; obliging by its direct
authority every individual, to contribute, when the public good
necessarily required it, a just proportion of aid to the support of the
commonwealth protecting him—without disturbing him in the discharge
of the duties owing by him to the state of which he is an inhabitant;
and at the same time, so amply, so anxiously provided, for bringing the
interests, and even the wishes of every sovereignty and of every person
of the union, under all their various modifications and impressions,
into their full operation and efficacy in the national councils? The
instance never existed. The conclusion ought not to be made. It is
without premises. So far is the assertion from being true, that “a very
extensive territory cannot be ruled by a government of a republican
form,” that such a territory cannot be well-ruled by a government of
any other form.
[65] The assertion has probably been suggested by reflections on the
democracies of antiquity, without making a proper distinction between
them and the democracy of The United States.
In the democracies of antiquity, the people assembled together and
governed personally. This mode was incompatible with greatness of
number and dispersion of habitation.
In the democracy of The United States, the people act by their
representatives. This improvement collects the will of millions upon
points concerning their welfare, with more advantage, than the will of
hundreds could be collected under the ancient form.
There is another improvement equally deserving regard, and that is, the
varied representation of sovereignties and people in the constitution
now proposed.
It has been said, that this representation was a mere compromise.
It was not a mere compromise. _The equal representation of each
state in one branch of the legislature_, was an original substantive
proposition, made in convention, very soon after the draft offered by
Virginia, to which last mentioned state United America is much indebted
not only in other respects, but for her merit in the origination and
prosecution of this momentous business.
The proposition was expressly made upon this principle, that a
territory of such extent as that of United America, could not be
safely and advantageously governed, but by a combination of republics,
each retaining all the rights of supreme [66] sovereignty, excepting
such as ought to be contributed to the union; that for the securer
preservation of these sovereignties, they ought to be represented in
a body by themselves, and with equal suffrage; and that they would be
annihilated, if both branches of the legislature were to be formed
of representatives of the people, in proportion to the number of
inhabitants in each state.(57)
The principle appears to be well founded in reason. Why cannot a very
extensive territory be ruled by a government of republican form? They
answered, because its power must languish through distance of parts.
Granted, if it be not a “body by joints and bands having nourishment
ministered and knit together.” If it be such a body, the objection is
removed. Instead of such a perfect body, framed upon the principle that
commands men to associate, and societies to confederate; that, which by
communicating and extending happiness, corresponds with the gracious
intentions of our maker towards us his creatures? what is proposed?
Truly, that the natural legs and arms of this body should be cut off,
because they are too weak, and their places supplied by strongest limbs
of wood and metal.
[67] Monarchs, it is said, are enabled to rule extensive territories,
because they send viceroys to govern certain districts; and thus the
reigning authority is transmitted over the whole empire. Be it so: But
what are the consequences? Tyranny, while the viceroys continue in
submission to their masters, and the distraction of civil war besides,
when they revolt, to which they are frequently tempted by the very
circumstances of their situation, as the history of such governments
indisputably proves.
America is, and will be, divided into several sovereign states, each
possessing every power proper for governing within its own limits for
its own purposes, and also for acting as a member of the union.
They will be civil and military stations, conveniently planted
throughout the empire, with lively and regular communications. A
stroke, a touch upon any part, will be immediately felt by the whole.
Rome famed for imperial arts, had a glimpse of this great truth; and
endeavoured, as well as her hard-hearted policy would permit, to
realize it in her _colonies_. They were miniatures of the capital: But
wanted the vital principal of sovereignty, and were too small. They
were melted down into, or overwhelmed by the nations around them. Were
they now existing, they might be called curious automatons—something
like to our living originals. These, will bear a remarkable resemblance
to the mild features of patriarchal government, in which each son ruled
his own household, and in other matters the whole family was directed
by the common ancestor.
[68] Will a people thus happily situated, ever desire to exchange their
condition, for subjection to an absolute ruler; or can they ever look
but with veneration, or act but with deference to that union, that
alone can, under providence, preserve them from such subjugation?
Can any government be devised, that will be more suited to citizens,
who wish for equal freedom and common prosperity; better calculated
for preventing corruption of manners; for advancing the improvements
that endear or adorn life; or that can be more conformed to the
understanding, to the best affections, to the very nature of _man_?
What harvests of happiness may grow from the seeds of liberty that are
now sowing? The cultivation will indeed demand continual attention,
unceasing diligence, and frequent conflict with difficulties: but, to
object against the benefits offered to us by our Creator, by excepting
to the terms annexed, is a crime to be equalled only by its folly.
Delightful are the prospects that will open to the view of United
America—her sons well prepared to defend their own happiness, and
ready to relieve the misery of others—her fleets formidable, but only
to the unjust—her revenue sufficient, yet unoppressive—her commerce
affluent, but not debasing—peace and plenty within her borders—and
the glory that arises from a proper use of power, encircling them.
Whatever regions may be destined for servitude, let us hope, that some
portions of this land may be blessed with liberty; let us be con- [69]
vinced, that _nothing short of such an union_ as has been proposed, can
preserve the blessing; and therefore let us be resolved to adopt it.
As to alterations, a little _experience_ will cast more light upon the
subject, than a multitude of debates. Whatever qualities are possessed
by those who object, they will have the candor to confess, that they
will be encountered by opponents, not in any respect inferior, and yet
differing from them in judgment, upon every point they have mentioned.
Such untired industry to serve their country, did the delegates to
the federal convention exert, that they not only laboured to form the
best plan they could, but, _provided for making at any time amendments
on the authority of the people_, without shaking the stability of
the government. For this end, the Congress, whenever two-thirds of
both houses shall deem it necessary, shall propose amendments to
the constitution, or, on the application of the legislatures of
two-thirds of the several states, _shall_ call a convention for
proposing amendments, which, in either case, shall be valid to all
intents and purposes, as part of the constitution, when ratified by the
legislatures of three-fourths of the several states, or by conventions
in three-fourths thereof, as one or the other mode of ratification may
be proposed by Congress.
Thus, by a gradual progress, we may from time to time _introduce every
improvement in our constitution_, that shall be [70] suitable to our
situation. For this purpose, it may perhaps be advisable, for every
state, as it sees occasion, to form with the utmost deliberation,
drafts of alterations respectively required by them, and to enjoin
their representatives, to employ every proper method to obtain a
ratification.
In this way of proceeding, the undoubted sense of every state,
collected in the coolest manner, not the sense of individuals, will be
laid before the whole union in congress, and that body will be enabled
with the clearest light that can be afforded by every part of it,
and with the least occasion of irritation, to compare and weigh the
sentiments of all United America; forthwith to adopt such alterations
as are recommended by general unanimity; by degrees to devise modes of
conciliation upon contradictory propositions; and to give the revered
advice of our common country, upon those, if any such there should be,
that in her judgment are inadmissible, because they are incompatible
with the happiness of these states.
It cannot be with reason apprehended, that Congress will refuse to act
upon any articles calculated to promote the _common_ welfare, though
they may be unwilling to act upon such as are designed to advance
_partial_ interests: but, whatever their sentiments may be, they
_must_ call a convention for proposing amendements, on applications of
two-thirds of the legislatures of the several states.
May those good citizens, who have sometimes turned their thoughts
towards a second [71] convention, be pleased to consider, that there
are men who speak as they do, yet do not mean as they do. These borrow
the sanction of their respected names, to conceal desperate designs.
May they also consider, whether persisting in the suggested plan, in
preference to the constitutional provision, may not kindle flames of
jealousy and discord, which all their abilities and virtues can never
extinguish.