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Author: Alexander Hamilton
To the People of the State of New York:
ACCORDING to the formal division of the subject of these papers, announced in my
first number, there would appear still to remain for discussion two points:
``the analogy of the proposed government to your own State constitution,'' and
``the additional security which its adoption will afford to republican
government, to liberty, and to property.'' But these heads have been so fully
anticipated and exhausted in the progress of the work, that it would now
scarcely be possible to do any thing more than repeat, in a more dilated form,
what has been heretofore said, which the advanced stage of the question, and the
time already spent upon it, conspire to forbid.
It is remarkable, that the resemblance of the plan of the convention to the act
which organizes the government of this State holds, not less with regard to many
of the supposed defects, than to the real excellences of the former. Among the
pretended defects are the re-eligibility of the Executive, the want of a
council, the omission of a formal bill of rights, the omission of a provision
respecting the liberty of the press. These and several others which have been
noted in the course of our inquiries are as much chargeable on the existing
constitution of this State, as on the one proposed for the Union; and a man must
have slender pretensions to consistency, who can rail at the latter for
imperfections which he finds no difficulty in excusing in the former. Nor indeed
can there be a better proof of the insincerity and affectation of some of the
zealous adversaries of the plan of the convention among us, who profess to be
the devoted admirers of the government under which they live, than the fury with
which they have attacked that plan, for matters in regard to which our own
constitution is equally or perhaps more vulnerable.
The additional securities to republican government, to liberty and to property,
to be derived from the adoption of the plan under consideration, consist chiefly
in the restraints which the preservation of the Union will impose on local
factions and insurrections, and on the ambition of powerful individuals in
single States, who may acquire credit and influence enough, from leaders and
favorites, to become the despots of the people; in the diminution of the
opportunities to foreign intrigue, which the dissolution of the Confederacy
would invite and facilitate; in the prevention of extensive military
establishments, which could not fail to grow out of wars between the States in a
disunited situation; in the express guaranty of a republican form of government
to each; in the absolute and universal exclusion of titles of nobility; and in
the precautions against the repetition of those practices on the part of the
State governments which have undermined the foundations of property and credit,
have planted mutual distrust in the breasts of all classes of citizens, and have
occasioned an almost universal prostration of morals.
Thus have I, fellow-citizens, executed the task I had assigned to myself; with
what success, your conduct must determine. I trust at least you will admit that
I have not failed in the assurance I gave you respecting the spirit with which
my endeavors should be conducted. I have addressed myself purely to your
judgments, and have studiously avoided those asperities which are too apt to
disgrace political disputants of all parties, and which have been not a little
provoked by the language and conduct of the opponents of the Constitution. The
charge of a conspiracy against the liberties of the people, which has been
indiscriminately brought against the advocates of the plan, has something in it
too wanton and too malignant, not to excite the indignation of every man who
feels in his own bosom a refutation of the calumny. The perpetual changes which
have been rung upon the wealthy, the well-born, and the great, have been such as
to inspire the disgust of all sensible men. And the unwarrantable concealments
and misrepresentations which have been in various ways practiced to keep the
truth from the public eye, have been of a nature to demand the reprobation of
all honest men. It is not impossible that these circumstances may have
occasionally betrayed me into intemperances of expression which I did not
intend; it is certain that I have frequently felt a struggle between sensibility
and moderation; and if the former has in some instances prevailed, it must be my
excuse that it has been neither often nor much.
Let us now pause and ask ourselves whether, in the course of these papers, the
proposed Constitution has not been satisfactorily vindicated from the aspersions
thrown upon it; and whether it has not been shown to be worthy of the public
approbation, and necessary to the public safety and prosperity. Every man is
bound to answer these questions to himself, according to the best of his
conscience and understanding, and to act agreeably to the genuine and sober
dictates of his judgment. This is a duty from which nothing can give him a
dispensation. 'This is one that he is called upon, nay, constrained by all the
obligations that form the bands of society, to discharge sincerely and honestly.
No partial motive, no particular interest, no pride of opinion, no temporary
passion or prejudice, will justify to himself, to his country, or to his
posterity, an improper election of the part he is to act. Let him beware of an
obstinate adherence to party; let him reflect that the object upon which he is
to decide is not a particular interest of the community, but the very existence
of the nation; and let him remember that a majority of America has already given
its sanction to the plan which he is to approve or reject.
I shall not dissemble that I feel an entire confidence in the arguments which
recommend the proposed system to your adoption, and that I am unable to discern
any real force in those by which it has been opposed. I am persuaded that it is
the best which our political situation, habits, and opinions will admit, and
superior to any the revolution has produced.
Concessions on the part of the friends of the plan, that it has not a claim to
absolute perfection, have afforded matter of no small triumph to its enemies.
``Why,'' say they, ``should we adopt an imperfect thing? Why not amend it and
make it perfect before it is irrevocably established?'' This may be plausible
enough, but it is only plausible. In the first place I remark, that the extent
of these concessions has been greatly exaggerated. They have been stated as
amounting to an admission that the plan is radically defective, and that without
material alterations the rights and the interests of the community cannot be
safely confided to it. This, as far as I have understood the meaning of those
who make the concessions, is an entire perversion of their sense. No advocate of
the measure can be found, who will not declare as his sentiment, that the
system, though it may not be perfect in every part, is, upon the whole, a good
one; is the best that the present views and circumstances of the country will
permit; and is such an one as promises every species of security which a
reasonable people can desire.
I answer in the next place, that I should esteem it the extreme of imprudence to
prolong the precarious state of our national affairs, and to expose the Union to
the jeopardy of successive experiments, in the chimerical pursuit of a perfect
plan. I never expect to see a perfect work from imperfect man. The result of the
deliberations of all collective bodies must necessarily be a compound, as well
of the errors and prejudices, as of the good sense and wisdom, of the
individuals of whom they are composed. The compacts which are to embrace
thirteen distinct States in a common bond of amity and union, must as
necessarily be a compromise of as many dissimilar interests and inclinations.
How can perfection spring from such materials?
The reasons assigned in an excellent little pamphlet lately published in this
city, are unanswerable to show the utter improbability of assembling a new
convention, under circumstances in any degree so favorable to a happy issue, as
those in which the late convention met, deliberated, and concluded. I will not
repeat the arguments there used, as I presume the production itself has had an
extensive circulation. It is certainly well worthy the perusal of every friend
to his country. There is, however, one point of light in which the subject of
amendments still remains to be considered, and in which it has not yet been
exhibited to public view. I cannot resolve to conclude without first taking a
survey of it in this aspect.
It appears to me susceptible of absolute demonstration, that it will be far more
easy to obtain subsequent than previous amendments to the Constitution. The
moment an alteration is made in the present plan, it becomes, to the purpose of
adoption, a new one, and must undergo a new decision of each State. To its
complete establishment throughout the Union, it will therefore require the
concurrence of thirteen States. If, on the contrary, the Constitution proposed
should once be ratified by all the States as it stands, alterations in it may at
any time be effected by nine States. Here, then, the chances are as thirteen to
nine in favor of subsequent amendment, rather than of the original adoption of
an entire system.
This is not all. Every Constitution for the United States must inevitably
consist of a great variety of particulars, in which thirteen independent States
are to be accommodated in their interests or opinions of interest. We may of
course expect to see, in any body of men charged with its original formation,
very different combinations of the parts upon different points. Many of those
who form a majority on one question, may become the minority on a second, and an
association dissimilar to either may constitute the majority on a third. Hence
the necessity of moulding and arranging all the particulars which are to compose
the whole, in such a manner as to satisfy all the parties to the compact; and
hence, also, an immense multiplication of difficulties and casualties in
obtaining the collective assent to a final act. The degree of that
multiplication must evidently be in a ratio to the number of particulars and the
number of parties.
But every amendment to the Constitution, if once established, would be a single
proposition, and might be brought forward singly. There would then be no
necessity for management or compromise, in relation to any other point no giving
nor taking. The will of the requisite number would at once bring the matter to a
decisive issue. And consequently, whenever nine, or rather ten States, were
united in the desire of a particular amendment, that amendment must infallibly
take place. There can, therefore, be no comparison between the facility of
affecting an amendment, and that of establishing in the first instance a
complete Constitution.
In opposition to the probability of subsequent amendments, it has been urged
that the persons delegated to the administration of the national government will
always be disinclined to yield up any portion of the authority of which they
were once possessed. For my own part I acknowledge a thorough conviction that
any amendments which may, upon mature consideration, be thought useful, will be
applicable to the organization of the government, not to the mass of its powers;
and on this account alone, I think there is no weight in the observation just
stated. I also think there is little weight in it on another account. The
intrinsic difficulty of governing thirteen States at any rate, independent of
calculations upon an ordinary degree of public spirit and integrity, will, in my
opinion constantly impose on the national rulers the necessity of a spirit of
accommodation to the reasonable expectations of their constituents. But there is
yet a further consideration, which proves beyond the possibility of a doubt,
that the observation is futile. It is this that the national rulers, whenever
nine States concur, will have no option upon the subject. By the fifth article
of the plan, the Congress will be obliged ``on the application of the
legislatures of two thirds of the States (which at present amount to nine), to
call a convention for proposing amendments, which shall be valid, to all intents
and purposes, as part of the Constitution, when ratified by the legislatures of
three fourths of the States, or by conventions in three fourths thereof.'' The
words of this article are peremptory. The Congress ``shall call a convention.''
Nothing in this particular is left to the discretion of that body. And of
consequence, all the declamation about the disinclination to a change vanishes
in air. Nor however difficult it may be supposed to unite two thirds or three
fourths of the State legislatures, in amendments which may affect local
interests, can there be any room to apprehend any such difficulty in a union on
points which are merely relative to the general liberty or security of the
people. We may safely rely on the disposition of the State legislatures to erect
barriers against the encroachments of the national authority.
If the foregoing argument is a fallacy, certain it is that I am myself deceived
by it, for it is, in my conception, one of those rare instances in which a
political truth can be brought to the test of a mathematical demonstration.
Those who see the matter in the same light with me, however zealous they may be
for amendments, must agree in the propriety of a previous adoption, as the most
direct road to their own object.
The zeal for attempts to amend, prior to the establishment of the Constitution,
must abate in every man who is ready to accede to the truth of the following
observations of a writer equally solid and ingenious: ``To balance a large state
or society Usays hee, whether monarchical or republican, on general laws, is a
work of so great difficulty, that no human genius, however comprehensive, is
able, by the mere dint of reason and reflection, to effect it. The judgments of
many must unite in the work; experience must guide their labor; time must bring
it to perfection, and the feeling of inconveniences must correct the mistakes
which they INEVITABLY fall into in their first trials and experiments.'' These
judicious reflections contain a lesson of moderation to all the sincere lovers
of the Union, and ought to put them upon their guard against hazarding anarchy,
civil war, a perpetual alienation of the States from each other, and perhaps the
military despotism of a victorious demagoguery, in the pursuit of what they are
not likely to obtain, but from time and experience. It may be in me a defect of
political fortitude, but I acknowledge that I cannot entertain an equal
tranquillity with those who affect to treat the dangers of a longer continuance
in our present situation as imaginary. A nation, without a national government,
is, in my view, an awful spectacle. The establishment of a Constitution, in time
of profound peace, by the voluntary consent of a whole people, is a prodigy, to
the completion of which I look forward with trembling anxiety. I can reconcile
it to no rules of prudence to let go the hold we now have, in so arduous an
enterprise, upon seven out of the thirteen States, and after having passed over
so considerable a part of the ground, to recommence the course. I dread the more
the consequences of new attempts, because I know that powerful individuals, in
this and in other States, are enemies to a general national government in every
possible shape.
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