Part 3
"When Montesquieu recommends a small extent for republics, the standards he had in view were of dimensions far short of the limits of almost every one of these States. Neither Virginia, Massachusetts, Pennsylvania, New York, N. Carolina, nor Georgia, can by any means be compared with the models from which he reasoned, and to which the terms of his description apply. If we therefore receive his ideas on this point, as the criterion of truth, we shall be driven to the alternative either of taking refuge at once in the arms of monarchy, or of splitting ourselves into an infinity of little, jealous, clashing, tumultuous commonwealths, the wretched nurseries of unceasing discord, and the miserable objects of universal pity or contempt. Some of the writers who have come forward on the other side of the question, seem to have been aware of the dilemma, and have even been bold enough to hint at the division of the larger States as a desirable thing. Such an infatuated policy, such a desperate expedient, might, by the multiplication of petty offices, answer the views of men who possess not qualifications to extend their influence beyond the narrow circles of personal intrigue; but it could never promote the greatness or happiness of the people of America.
"Referring the examination of the principle itself to an other place, as has been already mentioned, it will be sufficient to remark here, that in the sense of the author who has been most emphatically quoted upon the occasion, it would only dictate a reduction of the SIZE of the more considerable MEMBERS of the Union; but would not militate against their being all comprehended in one confederate government. And this is the true question, in the discussion of which we are at present interested.
"So far are the suggestions of Montesquieu from standing in opposition to a general union of the States, that he explicitly treats of a CONFEDERATE REPUBLIC, as the expedient for extending the sphere of popular government, and reconciling the advantages of monarchy with those of republicanism.
"'It is very probable, says he,[1] that mankind would have been obliged, at length, to live constantly under the government of a SINGLE PERSON, had they not contrived a kind of constitution, that has all the internal advantages of a republican, together with the external force of a monarchical government. I mean a CONFEDERATE REPUBLIC.
"'This form of government is a convention, by which several smaller _States_ agree to become members of a larger _one_, which they intend to form. It is a kind of assemblage of societies, that constitute a new one, capable of increasing by means of new associations, till they arrive to such a degree of power as to be able to provide for the security of the united body.
"'A republic of this kind, able to withstand an external force, may support itself without any internal corruption. The form of this society prevents all manner of inconveniences.
"'If a single member should attempt to usurp the supreme authority, he could not be supposed to have an equal authority and credit in all the confederate States. Were he to have too great influence over one, this would alarm the rest. Were he to subdue a part, that which would still remain free might oppose him with forces, independent of those which he had usurped, and overpower him before he could be settled in his usurpation.
"'Should a popular insurrection happen in one of the confederate States, the others are able to quell it. Should abuses creep into one part, they are reformed by those that remain sound. The State may be destroyed on one side and not on the other; the confederacy may be dissolved and the confederates preserve their sovereignty.
"'As this government is composed of small republics, it enjoys the internal happiness of each, and with respect to its external situation, it is possessed, by means of the association, of all the advantages of large monarchies.'
"I have thought it proper to quote at length these interesting passages, because they contain a luminous abridgment of the principal arguments in favor of the Union, and must effectually remove the false impressions which a misapplication of the other parts of the work were calculated to produce. They have, at the same time, an intimate connection with the more immediate design of this paper; which is to illustrate the tendency of the Union to repress domestic faction and insurrection.
"A distinction, more subtle than accurate, has been raised between a _confederacy_ and a _consolidation_ of the States. The essential characteristic of the first, is said to be the restriction of its authority to the members in their collective capacities, without reaching to the individuals of whom they are composed. It is contended that the national council ought to have no concern with any object of internal administration. An exact equality of suffrage between the members, has also been insisted upon as a leading feature of a confederate government. These positions are, in the main, arbitrary; they are supported neither by principle nor precedent. It has indeed happened, that governments of this kind have generally operated in the manner which the distinction taken notice of supposes to be inherent in their nature; but there have been in most of them extensive exceptions to the practice, which serve to prove, as far as example will go, that there is no absolute rule on the subject. And it will be clearly shown, in the course of this investigation, that, as far as the principle contended for has prevailed, it has been the cause of incurable disorder and imbecility in the government.
"The definition of a _confederate republic_ seems simply to be 'an assemblage of societies,' or an association of two or more States into one State. The extent, modifications, and objects of the federal authority are mere matters of discretion. So long as the separate organization of the members be not abolished, so long as it exists by a constitutional necessity for local purposes, though it should be in perfect subordination to the general authority of the Union, it would still be, in fact and theory, an association of States, or a confederacy The proposed constitution, so far from implying an abolition of the State government, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the senate, and leaves in their possession certain exclusive, and very important, portions of the sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government.
"In the Lycian confederacy, which consisted of twenty-three CITIES, or republics, the largest were entitled to _three_ votes in the COMMON COUNCIL, those of the middle class to _two_, and the smallest to _one_. The COMMON COUNCIL had the appointment of all the judges and magistrates of the respective CITIES. This was certainly the most delicate species of interference in their internal administration; for if there be anything that seems exclusively appropriated to the local jurisdictions, it is the appointment of their own officers. Yet Montesquieu, speaking of this association, says, 'Were I to give a model of an excellent confederate republic, it would be that of Lycia.' Thus we perceive that the distinctions insisted upon were not within the contemplation of this enlightened writer, and we shall be led to conclude that they are the novel refinements of an erroneous theory."
The important paper just quoted from the "Federalist," is from the gifted pen of James Madison, so long a prominent and leading statesman in the democratic party, and one of the framers of our present government. Had we space we would quote another, equally important, from the same source and upon the same subject.
This paper, its pointed facts and its powerful reasoning in favor of a stable Union, such as was contemplated by the present constitution, and against the defects of the old confederation, we commend to the particular attention of the thinking masses of the present democratic party. Although written before the adoption of the existing constitution, and for the express purpose of inducing the people to ratify that constitution, it contains much that is applicable to the present political juncture, inasmuch as the present secession dogmas of South Carolina and of the Calhoun school of politicians are exactly the loose, inefficient principles of that old confederation, and opposed to those of the present constitution.
We will here make an extract from another paper of the "Federalist," to show how Jay, Madison and Hamilton regarded the defects of that confederation--to illustrate, with clearness, the _absolute necessity_ of the adoption of our present constitution, considering, as they did, that it would constitute an efficient remedy for those defects:
"CONCERNING THE DEFECTS OF THE PRESENT CONFEDERATION, IN RELATION TO THE PRINCIPLE OF LEGISLATION FOR THE STATES IN THEIR COLLECTIVE CAPACITIES.
"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.
"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 have 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 interest 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.[2] 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 be only 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 befal a community so peculiarly blessed with natural advantages as we are, which does not form a part of the dark catalogue of our public misfortunes?
"This is the melancholy situation to which we have been brought by those very maxims and councils, 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 firm stand for our safety, our tranquility, 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 cannot 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 contradistinguished from the INDIVIDUALS of whom they consist. Though 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."
A violation of any of the articles of the old confederation was the act only of the States, as sovereign and independent parties to a contract, and did not implicate individuals in the crime of _treason_, if acting _under the sanction_ of such a State. Not so, however, with individuals under the present constitution, even though acting under the sanction of particular States; because the present constitution is that of the _people_ and not of the States as States in their sovereign capacity, for the _people_ of the States have delegated to a general government, in the constitution, certain powers, which are taken away from the States, and cannot, therefore, be exercised by those States without subjecting the _people_ of the States so exorcising them to punishment for _high treason_.
To show that eminent statesmen, even before the adoption of our present constitution, so regarded the principles of the government proposed to be established under it, we will quote another extract from the "Federalist," commencing on page 102 of vol. I:
"If it be possible to construct a federal government capable of regulating the common concerns, and preserving the general tranquility, it must be founded, as to the objects committed to its care, upon the REVERSE of the principle contended for by the opponents of the proposed constitution. It must carry its agency to the PERSONS OF THE CITIZENS. It must stand in need of no intermediate legislation; but must itself be empowered to employ the arm of the ordinary magistrate to execute its own resolutions. The majesty of the national authority must be manifested through the medium of the courts of justice. The government of the Union, like that of each State, must be able to address itself immediately to the hopes and fears of INDIVIDUALS, and to attract to its support those passions which have the strongest influence upon the human heart. It must, in short, possess all the means, and have a right to all the methods, of executing the powers with which it is entrusted, that are possessed and exercised by the governments of the particular States."
An argument against the adoption of our present constitution was urged by its enemies to prevent its adoption, that it would create a central government _too strong_--a government _so strong_ as to endanger the reserved rights of the States. This objection is thus stated and answered upon pages 106 and 107, vol. I, of the "Federalist:"
"It may be said, that it would tend to render the government of the Union too powerful, and to enable it to absorb those residuary authorities which it might be judged proper to leave with the States for local purposes. Allowing the utmost latitude to the love of power, which any reasonable man can require, I confess I am at a loss to discover what temptation the persons entrusted with the administration of the general government, could ever feel to divest the States of the authorities of that description. The regulation of the mere domestic police of a State appears to me to hold out slender allurements to ambition. Commerce, finance, negotiation, and war seem to comprehend all the objects which have charms for minds governed by that passion; and all the powers necessary to those objects ought, in the first instance, to be lodged in the national depository. The administration of private justice between the citizens of the same State; the supervision of agriculture, and of other concerns of a similar nature; all those things, in short, which are proper to be provided for by local legislation, can never be desirable cares of a general jurisdiction. It is, therefore, improbable that there should exist a disposition in the federal councils to usurp the powers with which they are connected; because the attempt to exercise them would be as troublesome as it would be nugatory; and the possession of them, for that reason, would contribute nothing to the dignity, to the importance, or to the splendor of the national government."
We will close our extracts from the luminous papers of the "Federalist," with the following, premising, however, that, in these fearful times of raging secession madness, it would be well if the whole two volumes could be put in the hands of every intelligent individual in the nation. This extract refers again to the defects and the lamentable inefficiency of the old confederation, as contrasted with the proposed efficiency and stability of the government under the new constitution, a subject which cannot be too deeply engraven upon the mind of every patriot to whatever party he may belong. It can be found commencing upon page 131, of vol. 1, of the "Federalist," and ending on page 133:
"Having in the three last numbers taken a summary review of the principal circumstances and events which depict the genius and fate of other confederate governments, I shall now proceed in the enumeration of the most important of those defects which have hitherto disappointed our hopes from the system established among ourselves. To form a safe and satisfactory judgment of the proper remedy, it is absolutely necessary that we should be well acquainted with the extent and malignity of the disease.