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Federalist
No. 20
The Same Subject Continued:
The Insufficiency of the Present Confederation to
Preserve the Union
From the New York Packet. Tuesday, December 11, 1787. |
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Authors: Alexander Hamilton and James Madison
To the People of the State of New York:
THE United Netherlands are a confederacy of republics, or rather
of aristocracies of a very remarkable texture, yet confirming
all the lessons derived from those which we have already
reviewed.
The union is composed of seven coequal and sovereign states, and
each state or province is a composition of equal and independent
cities. In all important cases, not only the provinces but the
cities must be unanimous.
The sovereignty of the Union is represented by the
States-General, consisting usually of about fifty deputies
appointed by the provinces. They hold their seats, some for
life, some for six, three, and one years; from two provinces
they continue in appointment during pleasure.
The States-General have authority to enter into treaties and
alliances; to make war and peace; to raise armies and equip
fleets; to ascertain quotas and demand contributions. In all
these cases, however, unanimity and the sanction of their
constituents are requisite. They have authority to appoint and
receive ambassadors; to execute treaties and alliances already
formed; to provide for the collection of duties on imports and
exports; to regulate the mint, with a saving to the provincial
rights; to govern as sovereigns the dependent territories. The
provinces are restrained, unless with the general consent, from
entering into foreign treaties; from establishing imposts
injurious to others, or charging their neighbors with higher
duties than their own subjects. A council of state, a chamber of
accounts, with five colleges of admiralty, aid and fortify the
federal administration.
The executive magistrate of the union is the stadtholder, who is
now an hereditary prince. His principal weight and influence in
the republic are derived from this independent title; from his
great patrimonial estates; from his family connections with some
of the chief potentates of Europe; and, more than all, perhaps,
from his being stadtholder in the several provinces, as well as
for the union; in which provincial quality he has the
appointment of town magistrates under certain regulations,
executes provincial decrees, presides when he pleases in the
provincial tribunals, and has throughout the power of pardon.
As stadtholder of the union, he has, however, considerable
prerogatives.
In his political capacity he has authority to settle disputes
between the provinces, when other methods fail; to assist at the
deliberations of the States-General, and at their particular
conferences; to give audiences to foreign ambassadors, and to
keep agents for his particular affairs at foreign courts.
In his military capacity he commands the federal troops,
provides for garrisons, and in general regulates military
affairs; disposes of all appointments, from colonels to ensigns,
and of the governments and posts of fortified towns.
In his marine capacity he is admiral-general, and superintends
and directs every thing relative to naval forces and other naval
affairs; presides in the admiralties in person or by proxy;
appoints lieutenant-admirals and other officers; and establishes
councils of war, whose sentences are not executed till he
approves them.
His revenue, exclusive of his private income, amounts to three
hundred thousand florins. The standing army which he commands
consists of about forty thousand men.
Such is the nature of the celebrated Belgic confederacy, as
delineated on parchment. What are the characters which practice
has stamped upon it? Imbecility in the government; discord among
the provinces; foreign influence and indignities; a precarious
existence in peace, and peculiar calamities from war.
It was long ago remarked by Grotius, that nothing but the hatred
of his countrymen to the house of Austria kept them from being
ruined by the vices of their constitution.
The union of Utrecht, says another respectable writer, reposes
an authority in the States-General, seemingly sufficient to
secure harmony, but the jealousy in each province renders the
practice very different from the theory.
The same instrument, says another, obliges each province to levy
certain contributions; but this article never could, and
probably never will, be executed; because the inland provinces,
who have little commerce, cannot pay an equal quota.
In matters of contribution, it is the practice to waive the
articles of the constitution. The danger of delay obliges the
consenting provinces to furnish their quotas, without waiting
for the others; and then to obtain reimbursement from the
others, by deputations, which are frequent, or otherwise, as
they can. The great wealth and influence of the province of
Holland enable her to effect both these purposes.
It has more than once happened, that the deficiencies had to be
ultimately collected at the point of the bayonet; a thing
practicable, though dreadful, in a confedracy where one of the
members exceeds in force all the rest, and where several of them
are too small to meditate resistance; but utterly impracticable
in one composed of members, several of which are equal to each
other in strength and resources, and equal singly to a vigorous
and persevering defense.
Foreign ministers, says Sir William Temple, who was himself a
foreign minister, elude matters taken ad referendum, by
tampering with the provinces and cities. In 1726, the treaty of
Hanover was delayed by these means a whole year. Instances of a
like nature are numerous and notorious.
In critical emergencies, the States-General are often compelled
to overleap their constitutional bounds. In 1688, they concluded
a treaty of themselves at the risk of their heads. The treaty of
Westphalia, in 1648, by which their independence was formerly
and finally recognized, was concluded without the consent of
Zealand. Even as recently as the last treaty of peace with Great
Britain, the constitutional principle of unanimity was departed
from. A weak constitution must necessarily terminate in
dissolution, for want of proper powers, or the usurpation of
powers requisite for the public safety. Whether the usurpation,
when once begun, will stop at the salutary point, or go forward
to the dangerous extreme, must depend on the contingencies of
the moment. Tyranny has perhaps oftener grown out of the
assumptions of power, called for, on pressing exigencies, by a
defective constitution, than out of the full exercise of the
largest constitutional authorities.
Notwithstanding the calamities produced by the stadtholdership,
it has been supposed that without his influence in the
individual provinces, the causes of anarchy manifest in the
confederacy would long ago have dissolved it. ``Under such a
government,'' says the Abbe Mably, ``the Union could never have
subsisted, if the provinces had not a spring within themselves,
capable of quickening their tardiness, and compelling them to
the same way of thinking. This spring is the stadtholder.'' It
is remarked by Sir William Temple, ``that in the intermissions
of the stadtholdership, Holland, by her riches and her
authority, which drew the others into a sort of dependence,
supplied the place.''
These are not the only circumstances which have controlled the
tendency to anarchy and dissolution. The surrounding powers
impose an absolute necessity of union to a certain degree, at
the same time that they nourish by their intrigues the
constitutional vices which keep the republic in some degree
always at their mercy.
The true patriots have long bewailed the fatal tendency of these
vices, and have made no less than four regular experiments by
EXTRAORDINARY ASSEMBLIES, convened for the special purpose, to
apply a remedy. As many times has their laudable zeal found it
impossible to UNITE THE PUBLIC COUNCILS in reforming the known,
the acknowledged, the fatal evils of the existing constitution.
Let us pause, my fellow-citizens, for one moment, over this
melancholy and monitory lesson of history; and with the tear
that drops for the calamities brought on mankind by their
adverse opinions and selfish passions, let our gratitude mingle
an ejaculation to Heaven, for the propitious concord which has
distinguished the consultations for our political happiness.
A design was also conceived of establishing a general tax to be
administered by the federal authority. This also had its
adversaries and failed.
This unhappy people seem to be now suffering from popular
convulsions, from dissensions among the states, and from the
actual invasion of foreign arms, the crisis of their distiny.
All nations have their eyes fixed on the awful spectacle. The
first wish prompted by humanity is, that this severe trial may
issue in such a revolution of their government as will establish
their union, and render it the parent of tranquillity, freedom
and happiness: The next, that the asylum under which, we trust,
the enjoyment of these blessings will speedily be secured in
this country, may receive and console them for the catastrophe
of their own.
I make no apology for having dwelt so long on the contemplation
of these federal precedents. Experience is the oracle of truth;
and where its responses are unequivocal, they ought to be
conclusive and sacred. The important truth, which it
unequivocally pronounces in the present case, is that a
sovereignty over sovereigns, a government over governments, a
legislation for communities, as contradistinguished from
individuals, as it is a solecism in theory, so in practice it is
subversive of the order and ends of civil polity, by
substituting VIOLENCE in place of LAW, or the destructive
COERCION of the SWORD in place of the mild and salutary COERCION
of the MAGISTRACY.
PUBLIUS. |
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