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FEDERALIST NO. 1

                                                 General Introduction
                                                      Hamilton
To the People of the State of New York:
    It is obvious that the Articles of Confederation have             will be allowed, acknowledging that they will release
failed to establish a viable government. Now you, as                  angry, malignant passions as opposing factions try to
citizens, are challenged to establish a new system. At                “sell” their opinions and recruit converts. Enlightened
stake is nothing less than the Union’s existence, its                 government energy and efficiency will be stigmatized as
citizens’ safety and its stature in the world. Many say that          “jealous” offspring of despotic forces. Vigilance against
Americans, by their conduct and example, must decide                  dangers to the people’s rights will be represented as stale
whether societies are able to establish good                          bait for popularity at the expense of the public good. But
governments. If this is true, the decision must be made               jealousy, usually a component of love, and government
now.                                                                  vigor, essential to the security of liberty, can never, in
 —––––––––––––––––––––––––––––––––––––––––––—                         considering important public actions, be separated.
                                                         ——           Moreover, dangerous ambition more often lurks behind
                                                                      zeal for our rights than for firm, efficient government. But
    To all to whom these Presents shall come, we the                  history teaches that the former is a more certain road to
    undersigned Delegates of the States who affixed to our
    Names send greeting.                                              despotism than to good administration. Of those tyrants
       Articles of Confederation and perpetual Union between          who have overturned the liberties of republics, most have
    the states of New Hampshire, Massachusetts-Bay, Rhode             begun their careers courting “the people.”
    Island and Providence Plantations, Connecticut, New York,             These thoughts are intended to alert you to dishonest
    New Jersey, Pennsylvania, Delaware, Maryland, Virginia,
    North Carolina, South Carolina and Georgia.                       objections – while frankly admitting that I am “friendly” to
                          Preamble to the Articles of Confederation   the new Constitution: I believe ratification is the best way
    We, the people of the United States, in order to form a           to achieve liberty and assure dignity and happiness.
    more perfect union, establish justice, insure domestic                I plan a series of papers, to discuss:
    tranquillity, provide for the common defense, promote the             • the Union’s importance to your political prosperity;
    general welfare, and secure the blessing of liberty to
    ourselves and our posterity, do ordain and establish this             • the Confederation’s inability to preserve it;
    Constitution of the United States of America.                         • the importance to these goals of a government as
                         Preamble to the United States Constitution   energetic as the one proposed;
                                                                          • the proposal’s conformity to republican principle;
––––––––––––––––––––––––––––––––––––––                                    • its similarity to your own State constitution; and
                                  —––                                     • the security to your liberty and to your property that
   This “project” will call for altruism and patriotism, and (I       ratification will bring.
hope, but do not expect) discipline to serve, without                     In the course of this discussion I will try to answer all
distraction, our true interests. But the plan you will                the known objections to ratification.
consider affects too many local interests and institutions                You may consider it unnecessary to defend the Union.
not to be diverted into extraneous issues and passions.               But we already hear whispers that one system cannot
   The obstacles against the new Constitution are the                 govern the thirteen States; that we must have separate
resistance of certain men in every State to change that               confederacies. But those able to see the whole picture
could diminish their power, income and social status, and             can see the dangers in Union dismemberment.
others who hope to elevate themselves by abolishing the                                                                 Publius.
Union and dividing the country into several confederacies.
   I know it is insincere and unwise to automatically
discredit political opposition as “self-interested.” And so,
as always in great national discussions, these sentiments

FEDERALIST NO. 2

                    Dangers from Foreign Force and Influence
                                      Jay
To the People of the State of New York:



                 The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt • Page 1
                                                      © 1999 Marshall R. Overstedt
AMERICANS must now decide one of history’s most                            This country and this people seem to have been made
important questions. We must also consider it thoroughly                   for each other; they should never be split into a number of
and seriously.                                                             unsocial, jealous, alien sovereignties.
    Government is indispensable to civil society; to assure                    As citizens, we enjoy the same national rights,
its success, we must all give up some of our rights.                       privileges, and protection. As a nation we have made
Therefore, we must consider whether it would be in our                     peace and war, defeated enemies, formed alliances and
best interests to be one nation, with one federal                          made agreements with foreign states.
government, or divide into individual, sovereign States or                     This sense of Union inspired us – the minute we had a
separate confederacies, each with “national” powers.                       political existence, while the Revolution still raged – to
     ————————————————————————                                              form a federal government to preserve and perpetuate it.
                                                                           At that time, there was little room for calm, mature inquiry
    Each State retains its sovereignty, freedom, and                       and thought required to form a wise, well-balanced
    independence, and every power, jurisdiction, and right,
    which is not by this Confederation expressly delegated to              government for a free people. We should not be surprised
    the United States, in Congress assembled.                              to find, through experience, that a government instituted
                             Article II of the Articles of Confederation   in those times is inadequate to its intended purpose.
     [The Congress shall have the power] to make all laws                      An intelligent people, we recognized and regretted
    which shall be necessary and proper for carrying into
    execution the …powers [delegated to it by the                          these defects. Still attached to Union and liberty, we saw
    Constitution], and all other powers vested by this                     the immediate danger to the former and the more remote
    Constitution in the Government of the United States, or in             risk to the latter. Persuaded that only a wisely framed
    any department or officer thereof.                                     national government could protect both. we convened the
             Article I, Section 8(18) of the United States Constitution
    No State shall enter into any treaty, alliance, or
                                                                           late convention at Philadelphia, to consider that subject.
    confederation; grant letters of marque and reprisal; coin                  This convention included men who had the people’s
    money; emit bills of credit, make anything but gold and                confidence, many distinguished by their patriotism, virtue
    silver coin a tender in payment of debts; pass any bill of             and wisdom in trying times. In a time of peace,
    attainder, ex post facto law or law impairing the obligation           unoccupied by other subjects, they consulted for many
    of contracts, or grant any title of nobility.
             Article I, Section 10(1) of the United States Constitution    months and finally – unawed by power and uninfluenced
    No State shall, without the consent of the Congress, lay               by any passion except love of country – they presented
    any imposts or duties on imports or exports, except what               and recommended their joint, unanimously-approved plan
    may be absolutely necessary for executing its inspection               to the people.
    laws; and the net produce of all duties and imposts, laid by               Remember: this plan is only recommended, not
    any State on imports or exports, shall be for the use of the
    Treasury of the United States; and all such laws shall be              imposed; it is recommended for sedate, candid
    subject to the revision and control of the Congress.                   consideration the subject demands.
             Article I, Section 10(2) of the United States Constitution        But this is more wished than expected.
    No State shall, without the consent of Congress, lay any                   Experience teaches us not to be too optimistic.
    duty on tonnage, keep troops and ships of war in time of
    peace, enter any agreement or compact with another                     Imminent danger induced the people of America to form
    State or with a foreign power, or engage in war, unless                the memorable Congress of 1774, which recommended
    actually invaded or in such imminent danger a swell not                certain wise measures – which were soon attacked by the
    admit of delay.                                                        press. Then many government officers, acting in their
             Article I, Section 10(3) of the United States Constitution
                                                                           own interests, and mistaken and over-ambitious others,
     ————————————————————————                                              worked to persuade the people to reject that Congress’
    Until recently, we all agreed that our prosperity                      advice.
depended on our continuing united, and our best, wisest                        But the majority acknowledged the wisdom,
citizens were focused on that goal. Now some politicians                   experience and patriotism in Congress; that their
insist that we would be more secure and prosperous in                      Representatives would not recommend imprudent or
separate “confederacies” or “sovereignties.” We should                     unwise measures. Relying on Congress’ judgment and
not adopt these radical political ideas unless convinced                   integrity, they took its advice – ignoring the grand efforts
that they are correct.                                                     to steer them from it.
    America, rather than detached, distant territories, is                     If we had reason to rely on that inexperienced, little-
one connected, fertile, wide-spreading country. We are                     known Congress, we have greater reason to respect the
blessed with many soils and crops, watered with many                       convention’s judgment and advice because its most
streams, surrounded by navigable waters, with noble                        distinguished members – now seasoned and recognized
rivers forming highways for communication and                              for their abilities – were members of both.
transportation for our various commodities.                                   Every Congress, like the convention, has agreed with
    This one connected country belongs to one united                       the people that America’s prosperity depends on its
people, descended from one heritage, speaking one                          Union. To preserve and perpetuate it was the reason to
language, professing one religion, attached to one set of                  form the convention, and it is also the purpose of the
government principles. We are very similar in our                          proposed plan. Why, then, are some men depreciating its
manners and customs. Together, fighting through a long                     importance? Why do some suggest that several
and bloody war, we have established liberty and                            confederacies would be better than one? I believe the
independence.                                                              people have always been correct on this subject, and that
                                                                           their universal, uniform attachment to the Union rests on
                                                                           substantial reason that I will try to explain in later papers.

                 The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 2
                                                          © 1999 Marshall R. Overstedt
Publius.




The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 3
                             © 1999 Marshall R. Overstedt
FEDERALIST NO. 3

                                                 Foreign Dangers – #2
                                                         Jay
To the People of the State of New York:
    Intelligent people generally adopt ideas and practices                      The number of wars in the world is in proportion to the
that serve their interests. We have long acknowledged                       number and weight of real and perceived causes that
the need for unity under one federal government, with                       provoke them. If true, will more or fewer war causes
enough power to fill all national purposes.                                 confront a United America than a disunited America?
    That government’s first requirement is an ability to                        Generally, wars are caused by treaty violations and
protect the people. Public safety relates to many                           direct attacks. America already has treaties with at least
situations and problems, which gives great latitude to                      six foreign nations, all except Prussia are maritime, and
those trying to define it precisely and thoroughly.                         therefore able to harm us. We also have extensive
    For the moment, let’s confine the discussion to our                     commerce with Portugal, Spain, and Britain – and the
safety from foreign arms and influence. Is, in fact, an                     latter two have major colonies in our “neighborhood.”
efficient national government our best protection against                       To preserve the peace, America must observe
hostilities from abroad?                                                    international laws relating to all these powers, and one
     ————————————————————————                                               national government can do this more effectively than
                                                                            thirteen separate States or three or four confederacies.
    No State shall engage in any war without the consent of                     Once established, a good national government can –
    the United States in Congress assembled, unless such
    State be actually invaded by enemies, or shall have                     more easily than a town or State – draw on the time and
    received certain advice of a resolution being formed by                 talents of the best men in the country to serve and man-
    some nation of Indians to invade such State, and the                    age it. This will benefit other nations, as well as our own.
    danger is so imminent as not to admit of a delay till the                   Moreover, under the national government, treaties and
    United States in Congress assembled can be consulted;
    nor shall any State grant commissions to any ships or                   international laws will always be established and observed
    vessels of war, nor letters of marque or reprisal, except it            in the same way, based on unified, national policies.
    be after a declaration of war by the United States in                   Otherwise, our partners would be forced to deal with as
    Congress assembled, and then only against the Kingdom                   many as 13 different points of view.
    or State and the subjects thereof, against which war has                    The convention was also wise enough to commit these
    been so declared, and under such regulations as shall be
    established by the United States in Congress assembled                  questions to courts appointed by and responsible to only
    …                                                                       one national government.
                             Article VI of the Articles of Confederation        As a result, deliberate and accidental insults will have
    All charges of war, and all other expenses that shall be                far less impact on a single, national government than on
    incurred for the common defense or general welfare, and
    allowed by the United States in Congress assembled, shall               several lesser ones.
    be defrayed out of a common treasury, …                                     One good national government can also protect best
                            Article VIII of the Articles of Confederation   against direct, violent attacks. Not one Indian war has
     The Congress shall have power to lay and collect taxes,                been caused by aggression by the present federal
    duties, imposts and excises, to … provide for the common                government, feeble as it is; but several bloody Indian
    defense … [of] the United States;
                Article I Section 8(1) of the United States Constitution    attacks have been provoked by improper conduct of
    To declare war …                                                        individual States.
               Article I Section 8(11) of the United States Constitution        Quarrels between States and adjacent Spanish and
    To raise and support armies …                                           British territories would be limited to those border areas. A
               Article I Section 8(12) of the United States Constitution
    To provide and maintain a navy;                                         border State alone might become irritated enough to fight
               Article I Section 8(13) of the United States Constitution    with a foreign power. In that case, nothing can prevent
    To make rules for the government and regulation of the                  hostilities more effectively than intervention by a unified
    land and naval forces;                                                  national government, whose wisdom and prudence would
               Article I Section 8(14) of the United States Constitution
    To provide for calling forth the militia to execute the laws of         not be weakened by the combatants’ passions.
    the Union, suppress insurrections, and repel invasions;                     Indeed, the national government will not only eliminate
               Article I Section 8(15) of the United States Constitution    just causes of war; it will have the power to settle disputes
    To provide for organizing, arming and disciplining the                  amicably. It will also act with less passion than pride-filled
    militia, and for governing such part of them as may be                  local and State authorities and will not need to justify all
    employed in the service of the United States, reserving to
    the States respectively the appointment of officers, and the            actions or acknowledge, correct or repair errors and
    authority of training the militia according to the discipline           offenses. And it can use moderation and candor to
    prescribed by Congress;                                                 consider and decide on proper means to extricate the
               Article I Section 8(16) of the United States Constitution    beleaguered State from foreign challenges.
                                                                                Besides, a strong, united nation will more likely accept
   ––———————————————————                                                    acknowledgments, explanations, and compensations than
                                                                            one of the thirteen States.

                 The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 4
                                                           © 1999 Marshall R. Overstedt
Publius.




The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 5
                             © 1999 Marshall R. Overstedt
FEDERALIST NO. 4

                                        Foreign Dangers – #3
                                                Jay
To the People of the State of New York:
    Our safety from foreign force depends on both not             Apply these facts to our case. Leave America divided
giving or taking offense that can lead to hostilities.         under multiple independent governments: what armies
    Nations generally make war whenever they believe           and fleets could we raise and pay? If one was attacked,
they can gain from it. Absolute rulers attack for the sake     would the others spend their blood and money in its
of military glory, revenge, ambition or commitments to         defense?
relatives, cronies or partisans.                                   ————————————————————————
    As for just causes, consider these opportunities for
international “friction”:                                           Each State retains its sovereignty, freedom, and
                                                                    independence, and every power, jurisdiction, and right,
    With France and Britain we compete in fisheries, and            which is not by this Confederation expressly delegated to
can supply their markets cheaper than they.                         the United States, in Congress assembled.
    They and other European nations would celebrate our                                      Article II of the Articles of Confederation
failure in navigation and shipping, because our success, if         The United States shall guarantee to every State in this
                                                                    Union a republican form of government, and shall protect
any, will be at their expense. As might China and India,            each of them against invasion, and on application of the
who once sold us goods that we now supply ourselves.                legislature, or of the executive (when the legislature cannot
    Operating our own commerce in our own ships irritates           be convened), against domestic violence.
European nations with nearby territories because the low                         Article IV Section 4 of the United States Constitution
cost and high quality of our goods, closeness to sources
and markets, and our merchants’ and sailors’ skill give us          ————————————————————————
important advantages over them.                                    The history of the Greek states abounds with such
    In response, Spain shuts us out of the Mississippi and     instances and, under similar circumstances, we would
Britain out of the Saint Lawrence, and both bar us from        probably do the same.
the other waters between them and us. This is why other            Even if, say, New York would be willing to help an
nations are jealous and uneasy.                                invaded State or confederacy: How much manpower and
    Americans know these “discomforts” can lead to war at      money would it contribute? Who would command the
any time. This is why they also consider Union and a           allied armies and who would issue the orders? Who
good national government necessary to peace.                   would negotiate or arbitrate the peace?
    One government can call talented, able people                  With one government watching over our general and
wherever in the Union they might be. It can move on            common interests, combining and directing the powers
uniform principles of policy. It can harmonize, assimilate,    and resources of the whole, these problems would not
and – together or separately – protect the States. In          arise.
forming treaties, it can act for the whole, and the                United under one national government or split, foreign
particular interests of the States.                            nations will treat us accordingly.
    In sum, to defend any part, it can apply the resources         They will be much more ready to cultivate our
and power of the whole more easily and quickly than            friendship than provoke our resentment if they see a well-
State governments or separate confederacies. It can, as        managed national government; prudently-regulated trade;
the States could not, place the militia in one corps under     a properly organized and disciplined militia; discreetly
one chain of command, connected to the President.              managed resources and finances; re-established credit;
    What would British militia be if the English, Scottish     and a free, contented, united people.
and Welsh recruits only obeyed their own governments?              If, on the other hand, they see States or confederacies
Against an invasion, could those three governments fight       going their own way, one leaning to Britain, another to
the enemy as effectively as the single government of           France, and a third to Spain and perhaps played against
Great Britain?                                                 each other by the three, what a poor, pitiful figure America
    We have heard much of the fleets of Britain, and the       will make in their eyes!
time may come when the American fleets will be as                  Experience has always taught that when a people or
respected. But if one national government had not made         family so divide, it never fails to be against itself.
British navigation a nursery for seamen – if it had not                                                                  Publius.
organized all national resources for forming fleets – they
would not exist.




                The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 6
                                                © 1999 Marshall R. Overstedt
FEDERALIST NO. 5

                                        Foreign Dangers – #4
                                                Jay
To the People of the State of New York:
    QUEEN ANNE once wrote to the Scottish Parliament             conditions which tend to create and increase power in
on the importance of the UNION then forming between              one place and impede it in others, we must acknowledge
England and Scotland. She said, in part:                         that superior policy and good management always
        An entire and perfect union will be the solid            separate governments from each other. And we cannot
    foundation of lasting peace: It will secure your             presume that all confederacies would be managed
    religion, liberty, and property; remove the animosities      equally well.
    amongst yourselves, and the jealousies and                       When one of those nations or confederacies rises, as
    differences betwixt our two kingdoms. It must                it certainly will, to political importance, the others will slip
    increase your strength, riches, and trade; and by this       to “second-class” status, driven by envy and fear, and
    union the whole island, being joined in affection and        then the real conflict will begin.
    free from all apprehensions of different interest, will          The North, for example, is generally the region of
    be enabled to resist all its enemies. … We most              strength, and we can expect that the most Northern of the
    earnestly recommend to you calmness and                      proposed confederacies would become the strongest.
    unanimity in this great and weighty affair, that the         Soon, the Northerners’ success and the Southerners’
    union may be brought to a happy conclusion, being            want would ignite the kinds of conflict that afflict northern
    the only effectual way to secure our present and             and southern Europe.
    future happiness, and disappoint the designs of our              Anyone who understands history knows that American
    and your enemies, who will doubtless, on this                confederacies would neither love nor trust each other,
    occasion, use their utmost endeavors to prevent this         which, in other nations’ eyes, would make them
    union.                                                       dangerous only to each other because they could never
    I remarked in my previous paper that weakness and            form defensive alliances against outsiders. Example:
divisions at home would invite dangers from abroad; and          When did the independent British states unite their forces
that nothing would do more to protect us than union,             against a foreign enemy?
strength, and good government. British history gives us              The proposed confederacies would be distinct nations,
many lessons to follow without paying the price they paid.       each having commerce and treaties with foreigners, built
    Although it seems obvious that people sharing an             around the products and commodities they could offer for
island should be one nation, for ages they were divided          trade. Different commerce creates different interests, and
into three – which almost constantly quarreled and fought.       different political attachments to different foreign nations.
Though their interests respecting European nations were          Hence, a nation at war with the Southern confederacy
the same, their mutual jealousies were always inflamed,          might be the Northerners’ best ally and trading partner.
and they were far more trouble than help to each other.              In fact, as in Europe, our bordering confederacies
    Should we divide into three or four nations, would not       acting in opposite interests would often take different
the same thing happen? Would not similar long-cherished          sides. And it would be more natural for them to fear one
jealousies arise? Instead of being “joined in affection,”        another than faroff European nations. And therefore they
free from fear, envy and jealousy of each other, the             would more likely use foreign alliances to guard against
States’ and confederacies’ conflicting interests would be        neighbors than neighbors against foreign attack. But
the only objects of their policy and pursuits. And, like most    remember – it is easier to welcome than repel foreign
bordering nations, we would always be at odds or at war,         fleets and armies.
or living in suspicion and fear of each other.                                                                       Publius.
    The most confident supporters of separation cannot
suppose that they would begin or remain equally strong
because no plan can ever assure equality. Beyond local

FEDERALIST NO. 6

                        Dangers from Conflict Between States
                                     Hamilton
To the People of the State of New York:

                The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 7
                                                  © 1999 Marshall R. Overstedt
THERE IS no doubt that, disunited, the confederations             In fact, republics are no less addicted to war than
the 13 States might join would often fight each other. Men         monarchies, and legislatures just as subject to irregular,
are, after all, ambitious, vindictive and rapacious. To            violent biases. They often place their trust in “imperfect”
expect harmony between unconnected sovereignties in                leaders, who taint them with their selfish passions and
the same neighborhood is to forget and defy history.               views.
    Causes of international hostility are many. Some afflict          Moreover, commerce has done little to abolish war,
governments almost constantly. These include the hunger            because love of wealth is as corrupting a passion as
for power, as against people’s desire for equality and             power or glory. Witness that there have been as many
safety; and commercial rivalry and competition.                    wars fought for commercial gain as for territory or
    Still others arise from private passions of community          dominion.
leaders who abuse the people’s confidence by sacrificing              Sparta, Athens, Rome, and Carthage were republics.
public tranquillity to personal benefit. Pericles, wooing a        Yet they were as often at war as monarchies in those
resentful prostitute, at his country’s expense, destroyed          times.
the city of the Samnians then, in anger, to avoid                     Sparta was little more than a well-regulated camp; and
prosecution, to avert political accusations, or from several       Rome never tired of conquest.
causes, launched the Peloponnesian war, which ruined                  Carthage, a commercial republic, was the aggressor in
Athens.                                                            the war that destroyed her.
    Henry VIII’s ambitious prime minister, aspiring to the            Venice, in later years, more than once fought wars of
crown, precipitated war between England and France.                ambition until Pope Julius II gave a deadly blow to this
    And an example among ourselves: Shays’s                        haughty republic.
indebtedness, which helped plunge Massachusetts into                  The provinces of Holland, until overwhelmed by debt
civil war.                                                         and taxes, were conspicuous in European wars.
    Even today, there are no doubt men who believe there              Few nations have engaged in more wars than Britain –
can be “perpetual peace between the States,” though                many instigated by the people and their representatives –
separate and alienated from each other. The genius of              often for commercial advantage, against the monarch’s
republics (they say) is pacific; the spirit of commerce            instincts and the State’s real interests.
tends to soften men’s manners and quench tempers                      These are experiences of countries with interests
which have so often kindled wars. Commercial republics             similar to our own. How, then, can we expect interstate
like ours (they say) would never waste themselves in               peace and cordiality after the present Confederacy is
ruinous conflicts with each other. They will be governed           dissolved? It is time to awake from the dream of a golden
(they say) by mutual interest and cultivate amity and              age and map a practical direction for our political conduct.
concord.                                                              The notion that harmony can accompany disunion is
    Is it not, we may ask, in all nations’ interest to cultivate   far from the general sense of mankind. A longstanding
such benevolent spirits? If so, have they pursued it? On           political axiom has it that nearness and likeness create
the contrary, momentary passions and interests have                natural enemies, not friends.
greater control over conduct than policy, utility or justice.                                                       Publius.


FEDERALIST NO. 7

                        Dangers from Conflict Between States
                                     Hamilton
To the People of the State of New York:
   SOME PEOPLE ask, why would the States, if                           The States that contain those lands have claimed them
disunited, make war on each other? I answer: For the               as their property. Others contend that the crown’s rights
same reasons all nations have, at different times, been            passed on to the Union – especially that part of the
deluged in blood.                                                  Western territory which, by possession or submission of
   Territorial disputes have caused most wars that have            Indian proprietors, fell under the king’s jurisdiction until
desolated the earth – and would be a real threat for us.           relinquished in the peace treaty. This, they say, was an
   We have vast unsettled territories. There are                   acquisition to America by compact with a foreign power.
dissonant, undecided claims between several of them;                   Congress has prudently appeased this controversy by
dissolution of the Union would cause similar claims                asking the States to make cessions to the United States
between them all. They have had serious discussions                for the benefit of the whole. Under resulting agreements,
concerning rights which were ungranted at the time of the          a large part of the vacant Western territory is, if only by
Revolution, on tracts which were usually deemed “crown             cession, the common property of the Union. But if the
lands.”                                                            Union were to end, the ceding States would be apt to
                                                                   reclaim the lands. The other States would insist on a


                 The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 8
                                                    © 1999 Marshall R. Overstedt
proportion, by right of representation. Their argument                        The opportunities some States would have to exploit
would be that a grant, once made, cannot be revoked,                      others through commercial regulations would be resisted
and that land rights acquired or secured by the                           by the exploitees. The relationship between New York,
Confederacy’s joint efforts remain undiminished.                          Connecticut and New Jersey gives an example. New
    If, surprisingly, the States should agree that all share              York’s revenue needs require her to lay duties on her
ownership in the public lands, there would remain the                     importations, paid by citizen-consumers of the two other
difficult question of apportionment. Some worry that                      States. New York could not give up this advantage,
different States would set up different principles: self-                 because her citizens would not willingly pay a duty in favor
interested principles that could lead to conflict, with no                of their neighbors; nor could visitors in our markets be
umpire or common judge to separate the contenders.                        separated from citizens.
    In a land dispute between Connecticut and                                 How long would our oppressed neighbors, forced to
Pennsylvania, the Articles of Confederation required                      support our happiness, let us live in peace?
appeal to a federal court, which decided for Pennsylvania.                    The national debt could also cause collisions between
But Connecticut was unsatisfied until compensated with                    the States or confederacies. The way the debt is
an equivalent tract: she no doubt believed herself injured                apportioned and paid would certainly produce ill-humor
by the decision.                                                          and animosity. How could we agree on an apportionment
    The lesson is that States, like people, accept defeat                 rule satisfactory to all? Scarcely any we can propose is
reluctantly. Those who witnessed the behind-the-scenes                    free from real objections, and these would be
action in the controversy between New York State and                      exaggerated by “offended” parties.
Vermont remember the opposition we faced from States                          Not even the States agree on a general principle for
with real and pretended interests in the outcome. They                    discharging the debt. Some are unimpressed with the
can attest that, had New York tried to claim its rights by                need for national credit, others indifferent or opposed to
force, the peace of the Confederacy would have been in                    any payment at any rate. Still other States, many of
real danger. The threat grew from two motives: jealousy                   whose citizens are public creditors, would demand some
of New York’s future power and the interests of influential               equitable, effective provision. Their resentment would
New Hampshire, Massachusetts and Connecticut citizens                     lengthen the former's procrastinations. In short, expect a
who had gained land grants from the government of                         long delayed settlement. Citizens of the interested States
Vermont. Even States with claims clashing with ours                       would clamor, while foreign powers demand satisfaction
seemed more ready to dismember New York than admit                        of their claims, and peace between the States would be
their own pretensions. New Jersey, Rhode Island and                       threatened by both external invasion and internal
Maryland affected zealous support of Vermont’s                            contention.
independence, hoping to deter our growing greatness.                          Even should the apportionment be made, there is
    Should we become disunited, these kinds of passions                   room to suppose that the rule agreed upon would, in
would likely embroil all States. Commercial competitions                  practice bear harder upon some States than others.
also generate tension. Smaller, less favorably located                    Naturally, the “sufferers” would seek relief from the
States would want to gain advantage. Every State or                       burden while the others would dismiss a revision which
separate confederacy would set its own peculiar                           would likely increase their own misery. Their refusal would
commercial policy. All of this would create distinctions,                 encourage the complaining States to withhold
preferences and exclusions, which would breed                             contributions, and this non-compliance would lead to
discontent.                                                               more wrangling. If all the States agree, some would defer
    The relationships, based on equal privileges that we                  payments due to lack of funds, financial mismanagement
have enjoyed since the first settlers arrived, would                      or “mistakes,” and the natural reluctance to support
sharpen the causes of discontent. We should be ready to                   yesterday’s causes. And those delinquencies would
recognize some perceived offenses as justifiable acts of                  generate complaints, recriminations, and quarrels
sovereignties serving their own interests.                                because no one cares to contribute equally to efforts with
    Still, it is improbable that enterprising Americans would             unequal benefit. It is an old but valid truth that nothing
respect trade regulations certain States might use to                     causes friction more quickly than the payment of money.
benefit their own citizens. Violations of those regulations                   Laws that violate private contracts and, thereby,
on one side and efforts on the other to prevent and punish                citizens’ rights, also cause enmity. We cannot expect that
them would naturally lead to outrages, reprisals and wars.                the separate States would legislate more liberally toward
    —————————————–——————                                                  the others after ratification than before, unless we enact
                                                                          was to insure fairness. We witnessed, when the Rhode
    No tax or duty shall be laid on articles exported from any            Island legislature offended Connecticut – the retaliatory
    State.                                                                spirit that can result. In such future “arguments,” real war
                       Article I Section 9 (5) of the U.S. Constitution
         No preference shall be given by any regulation of                is not out of the question.
    commerce or revenue to the ports of one State over those                  Previous papers have warned of the dangers to peace
    of another; nor shall vessels bound to or from one State be           of “incompatible” alliances between States or
    obliged to enter, clear or pay duties in another.                     confederacies and foreign nations. If America is not
                       Article I Section 9 (6) of the U.S. Constitution
                                                                          united, or only tied into some weak league, we would
                                                                          certainly entangle ourselves in Europe’s deadly intrigues,
   ————————————————————————                                               and become prey to its power-grabbing artifices and


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                                                         © 1999 Marshall R. Overstedt
machinations. We must make “Divide and Command” the
motto of every nation that hates or fears us.
                                                   Publius.

FEDERALIST NO. 8

                      Consequences of Hostilities Between States
                                     Hamilton
To the People of the State of New York:
    LET US assume that, if disunited, the States or any           small, underendowed states have often defeated large,
alliances they might form would undergo the rigors of             rich enemies. But very quickly, pride and self-preservation
mutual friendship and enmity that affect all neighboring          would force potential victim states to arm and organize.
nations. Then let us examine what that would mean.                Then America would see the same engines of despotism
    First, we would see war between the States, and much          that scourged the Old World. This would be the natural
more painful war than befalls countries with longstanding         course of events and our policies will more likely succeed
military traditions. The disciplined armies of Europe,            in maintaining freedom if they fit these realities.
though indifferent to liberty and economy, have made                 These are not vague inferences from supposed
sudden conquest impracticable and prevented rapid,                defects in a Constitution that puts power in the hands of
widespread desolation. The European art of fortification          the people, their representatives or delegates. They are
has also helped keep the peace: all European nations are          solid conclusions, drawn from human history.
encircled with battlements. Campaigns to defeat frontier             You may ask why standing armies did not spring from
garrisons by invasion are wastes of time, money and               the dissension that often distracted the Greek republics?
manpower. Previously, invaders penetrated to the enemy            There is no one answer. Today’s industrious people,
nation’s heart before the invadees knew they were under           absorbed in gainful pursuits, are unlikely to build “soldier
attack. Now a relatively small, disciplined defensive force,      nations” like the Greeks produced. Modern revenue
aided by listening posts and watchtowers, can stop large          sources, multiplied by the growth of gold and silver, the
armies in their tracks. Europe’s military history tells not of    industrial arts, and financial sciences, have revolutionized
nations subdued and empires overturned, but of battles            war, making disciplined armies and hostilities inseparable.
that decide nothing.                                                 There is also a wide difference between military
    In America, events would be reversed. Jealous of the          establishments in countries rarely threatened and those in
resources military establishments always consume, the             constant fear of invasion. Safe countries may keep
States would postpone building them, opening highways             armies as large as any. But their citizens would be in no
for enemies to travel. Big States would easily overrun            danger of military subjugation, laws would not be written
their small, weak neighbors. But once conquered, the              to protect central authority, and civil government would
newly-won territory would come under attack by someone            maintain vigor. When they have no need for protection or
larger and stronger. We would see random wars, one                to submit to its oppression, citizens view the soldiery as a
after another, typified by plunder and devastation                necessary evil, and readily resist government attacks on
expected from untrained, undisciplined, demoralized               their rights. The army may help suppress a mob or
irregulars.                                                       insurrection, but cannot encroach against the people’s
    Defense against invasion is the most powerful dictator        united efforts.
of national policy. Liberty cannot stand against it. Violent         In a country constantly threatened, the opposite
death and destruction and ongoing danger compel even              happens. The government is obliged to always prepare to
freedom-loving countries to resort to institutions that tend      repel invasion. Its armies must be big enough for instant
to destroy civil and political rights.                            defense. The continual need for their services increases
    These institutions include standing armies, which are         the soldier’s importance and degrades the citizen’s. The
not prohibited by the new Constitution; therefore some            military rises above the civil. The rights of inhabitants of
infer they may exist (though with great expense and               threatened territories are unavoidably infringed. This
difficulty) under it. Dissolution of the Union, however,          weakens their sense of those rights and causes them to
would guarantee standing armies, produced by frequent             see the army as not only their protectors but their
war and constant tension. Weaker States or                        superiors – eventually, as masters. And it is very difficult
confederacies would arm first, to match more potent               to motivate people to boldly or effectively resist the
neighbors. They would also, by necessity, strengthen their        military’s power.
executive arms, while weakening the legislatures, and                Britain falls in the “safe” category. Her geography and
thereby begin a steady march toward monarchy.                     powerful marine guard her against invasion and eliminate
    This military strength would make the States or               a need for a large army. All she needs is enough force to
confederacies that use them superior to their neighbors.          meet a sudden attack until the militia could form and rally.
Under strong governments with disciplined military forces,        National policy does not demand, and public opinion


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                                                   © 1999 Marshall R. Overstedt
would bar, a large regular army. For a long time, there                      Nearby colonies will likely continue too weak to threaten
has been little room for the operation of the other causes                   us. Therefore we should not need an extensive military.
of internal war. All these elements serve to preserve                            But if we should disunite, or should the States join in
liberty in spite of Britain’s prevalent venality and                         two or three confederacies, we would soon look and act
corruption. But if Britain were located on the continent,                    like European powers and our liberties would fall prey to
she would be forced to build military establishments                         the need to defend ourselves against each other.
competitive with the rest of Europe’s huge standing                              This question deserves the most serious and mature
regular armies, and probably be victim to a single man’s                     consideration of all prudent, honest men of all parties. If
absolute power. It is possible, though not likely, that the                  they will make a firm, solemn pause and meditate
British may be enslaved from other causes, but not by its                    dispassionately on its importance in all its aspects, they
inconsiderable army.                                                         will quickly part with trivial objections to a Constitution,
    If we are wise enough to preserve the Union we may                       rejection of which would probably end the Union.
enjoy advantages similar to Britain’s. Europe is far away.                                                                     Publius.

FEDERALIST NO. 9

                                The Union as a Safeguard Against
                                Domestic Faction and Insurrection
                                           Hamilton
To the People of the State of New York:
    A FIRM Union will be vital to the States’ peace and                      during good behavior, establishing legislatures to which
liberty, as a bar against faction and insurrection. You                      the people elect their own representatives – these are
cannot read the history of the Greek and Italian                             new, or newly perfected, ideas. Republican governments
confederacies without feeling horror and disgust at the                      use them to strengthen themselves and remove or reduce
many revolutions that kept them continually swinging                         their imperfections.
between tyranny and anarchy. Those were violent times,                           To these strengths, I add republicanism's ability to
when creativity was often shattered by governmental                          serve large and small constituencies: single states as well
vices.                                                                       as continental confederacies, such as ours.
    In those disorders, modern despots find arguments                            Confederacies’ ability to suppress faction and to keep
against republicanism. They label free government                            the domestic peace has been used in many countries and
inconsistent with order and deride its supporters. Ages-                     times, and is sanctioned by the most distinguished
old free institutions refute these fallacies. And I believe                  political writers. The Constitution’s opponents have
America will create equally magnificent, permanent                           quoted Montesquieu on a republican government’s need
monuments to liberty.                                                        to limit its territory. But they neglect some of that great
    The images of republican government they draw are                        man’s other opinions.
distorted. But political science has improved greatly and,                       When Montesquieu recommends small republics, his
though unknown to the ancients, is now well understood.                      standard was far smaller than almost all of our States.
      ———————————————————————–                                               Neither Virginia, Massachusetts, Pennsylvania, New York,
                                                                             North Carolina or Georgia can be compared with his
    All legislative powers herein granted shall be vested in a               models. If we accept his idea, we must resort to
    Congress of the United States, which shall consist of a
    Senate and House of Representatives.                                     monarchy or split into infinite little, jealous, clashing,
                    Article I Section 1 of the United States Constitution    stormy commonwealths breeding endless discord and
    The executive power shall be vested in a President of the                earning universal contempt. Some writers on the other
    United States. He shall hold his office during the term of               side seem aware of the dilemma, and have even
    four years, and together with the Vice-President, chosen
    for the same term, be elected as follows:                                suggested division of the larger States. That policy,
                    Article II Section 1 of the United States Constitution   creating countless offices, would serve petty politicians
    The judicial power of the United States shall be vested in               who could never promote the greatness or happiness of
    one Supreme Court, and in such inferior courts as the                    the American people.
    Congress may from time to time ordain and establish. The                     Moreover, while it would force us to shrink our largest
    judges, both of the Supreme and inferior courts, shall hold
    their offices during good behavior, and shall, at stated                 States, it would not prevent them from joining in one
    times, receive for their services a compensation which                   confederate government – and this is the real issue here.
    shall not be diminished during their continuance in office                   Not only does Montesquieu not oppose a general
                  .Article III Section 1 of the United States Constitution   Union of States, he views a confederate republic as a way
                                                                             to strengthen popular government. He says:
    ————————————————————————
   Dividing power into distinct departments, legislating
balances and checks, staffing courts with judges serving

                           The Federalist Papers: An Update • Edited by Marshall Overstedt • Page 11
                                                            © 1999 Marshall R. Overstedt
It is very probable that mankind would have                 These passages summarize the principal arguments
    been obliged at length to live constantly under the         for the Union, and remove the false impressions intended
    government of a single person, had they not                 by misapplying other parts of the work. They are also
    contrived a kind of constitution that has all the           connected with the subject of this paper: the Union’s
    internal advantages of a republican, together with          ability to repress domestic faction and insurrection.
    the external force of a monarchical government. I               A subtle distinction has been raised between a
    mean a confederate republic.                                confederacy and a consolidation of States. The essence
        This form of government is a convention by              of the first, it is said, is that its authority is restricted to the
    which several smaller states agree to become                members’ collective capacities, excluding the individuals
    members of a larger one, which they intend to               that compose them. Some contend that the national
    form. It is a kind of assemblage of societies that          government should be uninvolved in internal
    constitute a new one, capable of increasing, by             administration. Others insist that a confederacy’s member
    means of new associations, till they arrive to such         States must have exactly equal suffrage. These arbitrary
    a degree of power as to be able to provide for the          positions are unsupported by principle and precedent.
    security of the united body.                                Indeed, there is no absolute rule on these subjects. This
        A republic of this kind, able to withstand an           investigation will show such equality has caused incurable
    external force, may support itself without any              disorder and imbecility.
    internal corruptions. The form of this society                  The definition of a confederate republic seems simply
    prevents all manner of inconveniences.                      to be “an assemblage of societies,” or two or more States
        If a single member should attempt to usurp the          joined in one State. The extent and specifics of federal
    supreme authority, he could not be supposed to              authority are discretionary. So long as the States’
    have an equal authority and credit in all the               separate governments stay in power serving local
    confederate states. Were he to have too great               purposes but subordinate to the Union’s general authority,
    influence over one, this would alarm the rest.              it would still be an association of States, or a confederacy.
    Were he to subdue a part, that which would still                The proposed Constitution, far from abolishing the
    remain free might oppose him with forces                    State governments, makes them integral to national
    independent of those which he had usurped and               sovereignty, by allowing them direct representation in the
    overpower him before he could be settled in his             Senate and certain exclusive, important portions of
    usurpation.                                                 sovereign power. This conforms to the definition of a
        Should a popular insurrection happen in one of          federal government.
    the confederate states the others are able to quell             In the Lycian confederacy, consisting of 23 cities or
    it. Should abuses creep into one part, they are             republics, the largest were entitled to three votes in the
    reformed by those that remain sound. The state              common council, those in the middle to two, and the
    may be destroyed on one side, and not on the                smallest to one. The common council appointed all the
    other; the confederacy may be dissolved, and the            cities’ judges and magistrates. This, obviously, interfered
    confederates preserve their sovereignty.                    with the local jurisdictions’ natural powers, which include
        As this government is composed of small                 appointing their own officers. Yet Montesquieu said of this
    republics, it enjoys the internal happiness of              association: “Were I to give a model of an excellent
    each; and with respect to its external situation, it        Confederate Republic, it would be that of Lycia.”
    is possessed, by means of the association, of all               From this it is apparent that he never contemplated the
    the advantages of large monarchies.                         distinctions the objectors insist upon.
                                                                                                                       Publius.


FEDERALIST NO. 10

                 The Union vs. Faction and Insurrection – #2
                                    Madison
To the People of the State of New York:
    IN POPULAR governments, faction is a dangerous              governments are too unstable; that the public good is
vice. The Union’s key advantage is its ability to break and     disregarded in factional rivalries and decisions are too
control it.                                                     often based on the majority’s overbearing interest.
    Faction generates instability, injustice and chaos that         These complaints are in some degree true, and some
have destroyed many elected governments – arming                of the blame we lay to government is mistaken. Still,
liberty’s enemies. Our State constitutions have introduced      many serious problems derive from distrust of public
improvements on democracy, but faction remains a                actions and fear for private rights. These largely result
danger. Some prominent citizens complain our

                      The Federalist Papers: An Update • Edited by Marshall Overstedt • Page 12
                                                 © 1999 Marshall R. Overstedt
from factious spirits reflected in unsteady, unjust             Elected government must protect against it in order to
administration.                                                 win popular support, either by preventing a bad idea from
    By a faction, I mean a minority or majority united and      gaining a majority or an “infected” majority from taking
motivated by an interest conflicting with others’ rights or     malevolent action.
the community’s interests.                                          From this, you may conclude that a democracy, where
    There are two cures for faction: (1) remove its causes,     citizens govern in person, cannot cure the ills of faction.
(2) control its effects. And there are two ways to remove       Common passions or interests almost always affect
the causes: (1) destroy liberty and (2) give everyone the       majorities of the whole; there is nothing to stop them from
same opinions, passions and the interests.                      sacrificing the minority to its own cause. This is why
    The first remedy is worse than the disease. To abolish      democracies are typically turbulent and contentious,
liberty because it nourishes faction makes as much sense        incompatible with personal security or property rights and
as abolishing air because it supports fire. As to the           typified by short lives ending in violent deaths. Theoretic
second, as long as reason isn’t perfect, and we are free        politicians who promote pure democracy suppose that
to exercise it, opinions will differ. As reason is linked to    perfect equality will equalize everyone’s possessions,
ego, opinions and passions influence each other. Men’s          opinions and passions; history shows this is mistaken.
varied faculties – the source of property rights – also              ————————————————————————
prevent uniform interests.
    Protecting these faculties is government’s first duty.           Each State shall appoint, in such manner as the legislature
                                                                     thereof may direct, a number of Electors, equal to the
Protecting different, unequal property-acquiring faculties           whole number of Senators and Representatives to which
creates different sizes and kinds of property, and their             the State may be entitled in the Congress; but no Senator
influence on the emotions and views of respective owners             or Representative, or person holding an office of trust or
divides society into factions.                                       profit under the United States shall be appointed an
                                                                     Elector.
    Faction is human nature, and it works everywhere at                              Article II Section 2 of the United States Constitution
different levels. Different religions, political ideas,              The Electors shall meet in their respective States and vote
attachment to different candidates … These are some                  by ballot for two persons, of whom one at least shall not be
things that divide us into factions. Sometimes faction               an inhabitant of the same State with themselves. And they
inflames animosity and drives us to fight each other. This           shall make a list of all the persons voted for, and of the
                                                                     number of votes for each; which list they shall sign and
“drive” is so strong, that when there is no major cause at           certify, and transmit sealed to the seat of the government
work, minor distractions can ignite violence.                        of the United States, directed to the President of the
    But the most common, durable cause of faction is                 Senate. The President of the Senate shall, in the presence
unequal property distribution. Those with and those                  of the Senate and House of Representatives, open all the
                                                                     certificates, and the votes shall then be counted. The
without property have always taken political sides.                  person having the greatest number of votes shall be the
Regulating these conflicting interests (an essential                 President, if such number be a majority of the whole
legislative mission) involves partisanship and faction in            number of Electors appointed; and if there be more than
government’s necessary, ordinary operations.                         one who have such majority, and have an equal number of
    No man is allowed to be a judge in his own cause,                votes, then the House of Representatives shall
                                                                     immediately choose by ballot one of them for President;
because his interest would bias his judgment and                     and if no person have a majority, then from the five
probably corrupt his integrity. Wisely, bodies of men are            highest on the list the said House shall in like manner
barred from both judgment and advocacy of a given                    choose the President. But in choosing the President the
cause. But most legislation is judicial as it concerns               votes shall be taken by States, the representation from
                                                                     each State having one vote …
citizens’ rights. And legislators are advocates and parties                          Article II Section 3 of the United States Constitution
to political causes on which they decide and vote. To a              Note: The Articles of Confederation do not contain the words
proposed law concerning private debts, creditors are                 “President” or “election.”
parties on one side and debtors on the other. Justice
should hold the balance between them, yet the parties                ————————————————————————
themselves are the judges and the largest, most powerful            A republic where people act through elected
will win.                                                       representatives offers the cure. Examine its differences
    Shall we encourage domestic manufacturing by                from pure democracy, and you will see how it benefits the
restricting foreign goods? This question would be decided       Union. The two great differences between a democracy
very differently by the landed versus the manufacturing         and a republic are:
classes. It is pointless to say that enlightened statesmen          1. The small number of delegates elected to
can adjust these clashing interests and subject them to         government by the rest.
the public good. In fact, they will not always be in charge.        2. The greater number of citizens, and greater territory,
In short, causes of faction cannot be removed but only          over which the republic may extend.
(hopefully) controlled to optimize or minimize its effects.         The first difference refines and enlarges public views
    But in a republic, if an evil faction has less than a       by passing them through a chosen body, whose wisdom
majority, the republican principle allows the majority to       can best discern the country’s true interest, and is least
vote against and defeat it. The offenders may clog              likely to sacrifice that interest to expediency. This way, the
government and convulse society, but the Constitution will      people’s voices, amplified by their representatives, are
prevent their violence.                                         more in harmony with the public good than if pronounced
    But when a faction holds a majority, nothing can stop it    by the people themselves in a meeting for the purpose.
from sacrificing the public good for its own benefit.

              The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt t • Page 13
                                                 © 1999 Marshall R. Overstedt
On the other hand, the effect may be inverted. Corrupt                learn their interests. Too few voters tied to them limit their
men may use intrigue, bribery or other means to win                       ability to understand and deal with national questions.
election and then betray the people’s interests. This                        The federal Constitution refers the great, aggregate
raises the question whether small or large republics can                  interests to the national Congress and local, particular
elect better guardians of the public good. Larger republics               questions to the State legislatures.
are the best choice, because:                                                Another difference: A republic can govern a larger
    A. However small, the republic must have enough                       population and territory than a democracy, because it is
representatives to guard against the malicious few.                       most able to control faction.
    B. However large, delegates must be few enough to                        The smaller the society and the fewer the interests
prevent the chaos of over-representation.                                 within it, the more often a majority concentrates in one
    Note that the number of representatives in each case                  party and fewer individuals are needed to form a majority
is not in proportion to its constituency, and the small                   – which operates over a short, narrow range of issues.
republic has a greater proportion. It follows that if the ratio           This makes it easy for oppressors to organize, plot and
of fit candidates in the large republic equals that in the                operate.
small, the large republic will offer more choices a better                   But when you widen the fields of interest, including
chance to elect a qualified representative body.                          more people, more parties and diverse interests, you
     ————————————————————————                                             make it more difficult for a majority to violate the
    For the most convenient management of the general                     minority’s rights. That limits a faction’s opportunity and
    interests of the United States, delegates shall be annually           ability to function. For one reason, it takes many more
    appointed in such manner as the legislatures of each State            people to gather critical mass and soon distrust and
    shall direct, to meet in Congress on the first Monday in              dissension begin to erode effectiveness.
    November, in every year, with a power reserved to each
                                                                             In controlling faction, a large republic like the proposed
    State to recall its delegates, or any of them, at any time
    within the year, and to send others in their stead for the            United States has the same advantage over a small
    remainder of the year. No State shall be represented in               republic that any republic holds over a pure democracy:
    Congress by less than two, nor more than seven members                the ability to place many strong obstacles against unjust
    …                                                                     self-interested majorities.
                            Article V of the Articles of Confederation       Factious leaders may kindle fires within their own
    Representatives and direct taxes shall be apportioned                 States, but they could not spread general conflagration
    among the several States which may b e included within                through the others. A religious sect may degenerate into a
    this Union, according to their respective numbers, which
    shall be determined by adding to the whole number of free             political faction in a corner of the nation, but the number
    persons, including those bound to service for a term of               and variety of denominations spread across it will shield
    years, and excluding Indians not taxed, three-fifths of all           the country from that kind of danger. A rage for paper
    other persons.                                                        money, an abolition of debts, an equal division of property
                 Article II Section 3 of the United States Constitution
                                                                          or any other improper or wicked project will be unlikely to
      ———————————————————————                                             pervade the Union.
   Moreover, as each representative will be elected by                       In the Union’s size and proper organization, I see a
more voters in the large than in the small republic, it will              republican cure for the diseases that most often afflict
be more difficult for unworthy men to win election; and                   republican governments. In the pride we feel in being
since voters are more free, they will likely gravitate to                 republicans should be our zeal in cherishing the spirit and
worthy candidates.                                                        supporting the character of Federalists.
   Yet there is a middle ground, surrounded by concerns.                                                                    Publius.
Too many voters make it difficult for representatives to




               The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt t • Page 14
                                                         © 1999 Marshall R. Overstedt
FEDERALIST NO. 11

                                    Need for the Union and a Navy
                                       to Advance Commerce
                                               Hamilton
To the People of the State of New York:
   THERE IS little disagreement on the Union’s                              ability to build a navy able to challenge the Europeans.
commercial importance to foreign trade.                                     This would be especially valuable to our operations in the
   European maritime powers are uneasy about our                            West Indies. A few American ships, sent to reinforce
adventurous commercial spirit and its possible threat to                    either the British or the Spaniards could be enough to
their shipping – the basis of their navigation strength.                    make either a winner or loser.
Those with American colonies foresee dangers from                               In the West Indies, we can command great respect.
bordering States able to build powerful marines.                            And if we offer useful American military equipment, we
    ————————————————————————                                                can negotiate commercial privileges and set attractive
                                                                            prices on our friendship and neutrality.
    No vessel of war shall be kept up in time of peace by any                   Indeed, by keeping the Union we can “referee”
    State, except such number only, as shall be deemed
    necessary by the United States in Congress assembled,                   Europe’s American conflicts, and turn them to our
    for the defense of such State, or its trade …                           advantage. But by separating, we would allow rivalries
                             Article VI of the Articles of Confederation
     [The Congress shall have the power) To provide and                     between the States to destroy all of our advantages in
    maintain a navy … [and] To make rules for the government                international politics and trade. European nations at war
    and regulation of the … naval forces …                                  with each other would not fear us, and could raid our
       Article I, Section 8 (13) & (14) of the United States Constitution
     No State shall, without the consent of Congress … keep                 resources to fill their needs.
    troops and ships of war in time of peace …                                  Neutrality rights are respected only when defended. A
           Article I, Section 10 (3) & of the United States Constitution
                                                                            weak nation gives up even the privilege to be neutral.
                                                                                Under a vigorous national government, our natural
     ————————————————————————                                               strength and resources, directed to a common purpose,
    In defense, they will likely try to divide us and keep us               would impede European efforts to limit our growth. Active
from carrying our goods in our own ships. This would                        commerce, extensive navigation and a thriving maritime
prevent us from competing with them, gaining the profits                    industry are, in short, morally and physically necessary.
from our own goods and realizing our potential greatness.
                                                                            But disunited, even little schemes by little politicians
    By remaining united, we can counter this threat in
                                                                            could defeat us. Powerful maritime nations, capitalizing
many ways. By enacting regulations, nationwide, we can
                                                                            on our impotence, could set the conditions for our political
force foreigners to bid against each other for access to
                                                                            existence. Moreover, as they have a common interest in
our markets. This is a real concern to those who see the
                                                                            carrying our goods and preventing us from shipping
importance of our rapidly growing, essentially agricultural
                                                                            theirs, they would likely unite to destroy, or at least
markets to all manufacturing nations. By not acting
                                                                            neutralize, our shipping. We would then be forced to
against us, they risk huge losses in trade and shipping.
                                                                            accept any price for our commodities, and hand our trade
Suppose we had a government strong enough to bar
                                                                            profits to our enemies. The unequaled spirit of enterprise,
Great Britain (with whom we have no commercial treaty).
                                                                            which signifies the genius of American merchants and
This would enable us to negotiate vast, valuable
                                                                            navigators, and is an inexhaustible mine of national
commercial privileges in the British colonies.
                                                                            wealth, would be stifled and lost. Then poverty and
    In the past, Britain might have responded by simply
                                                                            disgrace would spread across a country that, with
shipping her goods to America through the Dutch. But
                                                                            wisdom, could win the world’s admiration and envy.
the loss of revenue from not using her own ships would
                                                                                Some rights of importance to American trade are also
be heavy. And the Dutch, not they, would pocket the
                                                                            rights of the Union. I mean the fisheries, navigation of the
principal profits. This round-about, expensive trade
                                                                            Western lakes and access to the Mississippi. Dissolving
arrangement would also make British goods higher priced
                                                                            the Union would bring the nation’s whole waterborne
and less competitive against the rest of Europe – another
                                                                            mercantile future into question. Our enemies would
serious financial threat.
                                                                            certainly exploit our disunity.
    I believe that these disadvantages would force Britain
                                                                                Spain stands between us and the Mississippi. France
to grant us market privileges in her island colonies in the
                                                                            and Britain compete with us for fisheries – and see them
West Indies. To gain these benefits, we would need to
                                                                            as critical to their navigation. They would not neglect this
grant some exemptions and immunities in our own, and
                                                                            valuable weapon that prevents us from underselling them
this would affect relations with other nations hoping to
                                                                            in their own markets. What could be more natural than
share in our trade.
                                                                            preventing their success?
    Another way to influence European nations’ conduct
                                                                                We should not consider our maritime strength a partial
toward us would be to establish a federal navy. One of an
                                                                            benefit. All the navigating States could – probably would –
effective Union government would be the strength and


                 The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt • Page 15
benefit from it. As a nursery of seamen, it is a universal           On the other hand, whether the States are united or
resource. To the launching of a navy, it is indispensable.       not, there would be intimate intercourse between them.
    To the navy, the Union is important in various ways. In      But this commerce would be obstructed by many causes,
fact, every federal institution will grow and flourish in        which have been amply detailed in these papers. Unity,
proportion to the size and weight of united support we put       whether commercial or political, can only result from
behind it. A United States Navy, which would tap all the         government unity.
States’ resources, would be easier for the Union to build            There are other striking, animated points of view on
than any single State or partial confederacy.                    this subject, but they lead too far into the future for
    Indeed, different parts of united America have peculiar      discussion in a newspaper article. Still, I say our situation
advantages to put behind this enterprise. The southern           invites and our interests prompt us to plan for on-going
States have certain kinds of naval stores – wood for hulls,      improvement in American government. The world may
tar, pitch, and turpentine – in abundance. Some Southern         politically and geographically be divided into four parts
and Middle States have ample, high-quality iron. Seamen          (Europe, Africa, Asia and America), with four sets of
must come chiefly from the North.                                interests. Unhappily for the other three, Europe – through
    Unrestrained commerce between the States will                force, negotiations and fraud – dominates them all. Her
assure success of their products, both at home and,              success tempts her to believe the rest of mankind exists
through access to ports, overseas. Also, the different           for her benefit. Philosophers have credited Europeans
States’ varied products will help commercial enterprise          with physical superiority, and have asserted that all
grow ever larger. When one State’s staple fails from a           animals, including humans, degenerate in America. It is
bad harvest, another State can replace it.                       our responsibility to vindicate the honor of the human
    Wide varieties, as well as high values, of exportable        race and to teach the arrogant Europeans humility.
products permit market competition and fluctuations that             Union will let us do that. Disunion will defeat us. Let
allow us to operate on better terms. Some items may be           Americans refuse to become instruments of European
in demand at one time and unsalable at another, but a            greatness! Let the thirteen States, bound together in a
range of articles could not all suffer down markets at           strict and indissoluble Union, erect one great American
once. Shrewd traders will readily recognize these                system, superior to transatlantic force or influence, and
opportunities and will acknowledge that the aggregate            able to dictate terms of connection between the old and
balance of United States commerce would be much more             new world!
favorable than that of thirteen separate or partially-united                                                              Publius.
States.

FEDERALIST NO. 12

                      The Union’s Value to Revenue Creation
                                    Hamilton
To the People of the State of New York:
   A flourishing commerce is the nation’s most productive       defeated repeatedly by government gluttony and
source of wealth. Accordingly, it deserves intense              inefficiency, and the economy’s inability to create wealth.
discussion. By rewarding investment and hard work and              This surprises no one acquainted with other countries.
promoting circulation of currency, it energizes industry        In Britain, where direct taxes on huge wealth should be
and keeps it flowing abundantly. Every businessman              more tolerable and government is vigorous in collecting
aspires and expects to profit from his effort. Indeed, we       them, most national revenue comes from indirect taxes:
now know the shared interests of agriculture and                domestic imposts and import duties.
commerce have erased their old rivalries. History shows,            ————————————————————————
as commerce prospers, land values rise because, when
businessmen add value to earth products, farming                     The taxes for paying that proportion shall be laid and levied
                                                                     by the authority and direction of the legislatures of the
creates new wealth. Nothing works harder than enterprise             several States within the time agreed upon by the United
to optimize the value of labor and industry. Still, some             States in Congress assembled.
men argue against this obvious truth.                                                       Article VIII of the Articles of Confederation
   Tax rates should conform to the volume and circulation            The Congress shall have power to lay and collect taxes,
                                                                     duties, imposts and excises, to pay the debts and provide
velocity of wealth in the economy. Commerce contributes              for the common defense and general welfare of the United
to both volume and velocity, making taxation easier.                 States; but all duties, imposts and excises shall be uniform
   The Emperor of Germany controls Europe’s best gold                throughout the United States.
and silver mines. Yet, with weak commerce, he collects                          Article I Section 8 (1) of the United States Constitution
small revenues and must borrow from other nations.
   In America under the Articles of Confederation, direct           ————————————————————————
national and State taxation is impracticable. It has been          America obviously must depend on them as well. But
                                                                with difficulty. Excises must come from a short, narrow list

               The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt • Page 16
                                                 © 1999 Marshall R. Overstedt
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The Federalist Papers (In Modern Language)

  • 1. FEDERALIST NO. 1 General Introduction Hamilton To the People of the State of New York: It is obvious that the Articles of Confederation have will be allowed, acknowledging that they will release failed to establish a viable government. Now you, as angry, malignant passions as opposing factions try to citizens, are challenged to establish a new system. At “sell” their opinions and recruit converts. Enlightened stake is nothing less than the Union’s existence, its government energy and efficiency will be stigmatized as citizens’ safety and its stature in the world. Many say that “jealous” offspring of despotic forces. Vigilance against Americans, by their conduct and example, must decide dangers to the people’s rights will be represented as stale whether societies are able to establish good bait for popularity at the expense of the public good. But governments. If this is true, the decision must be made jealousy, usually a component of love, and government now. vigor, essential to the security of liberty, can never, in —––––––––––––––––––––––––––––––––––––––––––— considering important public actions, be separated. —— Moreover, dangerous ambition more often lurks behind zeal for our rights than for firm, efficient government. But To all to whom these Presents shall come, we the history teaches that the former is a more certain road to undersigned Delegates of the States who affixed to our Names send greeting. despotism than to good administration. Of those tyrants Articles of Confederation and perpetual Union between who have overturned the liberties of republics, most have the states of New Hampshire, Massachusetts-Bay, Rhode begun their careers courting “the people.” Island and Providence Plantations, Connecticut, New York, These thoughts are intended to alert you to dishonest New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. objections – while frankly admitting that I am “friendly” to Preamble to the Articles of Confederation the new Constitution: I believe ratification is the best way We, the people of the United States, in order to form a to achieve liberty and assure dignity and happiness. more perfect union, establish justice, insure domestic I plan a series of papers, to discuss: tranquillity, provide for the common defense, promote the • the Union’s importance to your political prosperity; general welfare, and secure the blessing of liberty to ourselves and our posterity, do ordain and establish this • the Confederation’s inability to preserve it; Constitution of the United States of America. • the importance to these goals of a government as Preamble to the United States Constitution energetic as the one proposed; • the proposal’s conformity to republican principle; –––––––––––––––––––––––––––––––––––––– • its similarity to your own State constitution; and —–– • the security to your liberty and to your property that This “project” will call for altruism and patriotism, and (I ratification will bring. hope, but do not expect) discipline to serve, without In the course of this discussion I will try to answer all distraction, our true interests. But the plan you will the known objections to ratification. consider affects too many local interests and institutions You may consider it unnecessary to defend the Union. not to be diverted into extraneous issues and passions. But we already hear whispers that one system cannot The obstacles against the new Constitution are the govern the thirteen States; that we must have separate resistance of certain men in every State to change that confederacies. But those able to see the whole picture could diminish their power, income and social status, and can see the dangers in Union dismemberment. others who hope to elevate themselves by abolishing the Publius. Union and dividing the country into several confederacies. I know it is insincere and unwise to automatically discredit political opposition as “self-interested.” And so, as always in great national discussions, these sentiments FEDERALIST NO. 2 Dangers from Foreign Force and Influence Jay To the People of the State of New York: The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt • Page 1 © 1999 Marshall R. Overstedt
  • 2. AMERICANS must now decide one of history’s most This country and this people seem to have been made important questions. We must also consider it thoroughly for each other; they should never be split into a number of and seriously. unsocial, jealous, alien sovereignties. Government is indispensable to civil society; to assure As citizens, we enjoy the same national rights, its success, we must all give up some of our rights. privileges, and protection. As a nation we have made Therefore, we must consider whether it would be in our peace and war, defeated enemies, formed alliances and best interests to be one nation, with one federal made agreements with foreign states. government, or divide into individual, sovereign States or This sense of Union inspired us – the minute we had a separate confederacies, each with “national” powers. political existence, while the Revolution still raged – to ———————————————————————— form a federal government to preserve and perpetuate it. At that time, there was little room for calm, mature inquiry Each State retains its sovereignty, freedom, and and thought required to form a wise, well-balanced independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to government for a free people. We should not be surprised the United States, in Congress assembled. to find, through experience, that a government instituted Article II of the Articles of Confederation in those times is inadequate to its intended purpose. [The Congress shall have the power] to make all laws An intelligent people, we recognized and regretted which shall be necessary and proper for carrying into execution the …powers [delegated to it by the these defects. Still attached to Union and liberty, we saw Constitution], and all other powers vested by this the immediate danger to the former and the more remote Constitution in the Government of the United States, or in risk to the latter. Persuaded that only a wisely framed any department or officer thereof. national government could protect both. we convened the Article I, Section 8(18) of the United States Constitution No State shall enter into any treaty, alliance, or late convention at Philadelphia, to consider that subject. confederation; grant letters of marque and reprisal; coin This convention included men who had the people’s money; emit bills of credit, make anything but gold and confidence, many distinguished by their patriotism, virtue silver coin a tender in payment of debts; pass any bill of and wisdom in trying times. In a time of peace, attainder, ex post facto law or law impairing the obligation unoccupied by other subjects, they consulted for many of contracts, or grant any title of nobility. Article I, Section 10(1) of the United States Constitution months and finally – unawed by power and uninfluenced No State shall, without the consent of the Congress, lay by any passion except love of country – they presented any imposts or duties on imports or exports, except what and recommended their joint, unanimously-approved plan may be absolutely necessary for executing its inspection to the people. laws; and the net produce of all duties and imposts, laid by Remember: this plan is only recommended, not any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be imposed; it is recommended for sedate, candid subject to the revision and control of the Congress. consideration the subject demands. Article I, Section 10(2) of the United States Constitution But this is more wished than expected. No State shall, without the consent of Congress, lay any Experience teaches us not to be too optimistic. duty on tonnage, keep troops and ships of war in time of peace, enter any agreement or compact with another Imminent danger induced the people of America to form State or with a foreign power, or engage in war, unless the memorable Congress of 1774, which recommended actually invaded or in such imminent danger a swell not certain wise measures – which were soon attacked by the admit of delay. press. Then many government officers, acting in their Article I, Section 10(3) of the United States Constitution own interests, and mistaken and over-ambitious others, ———————————————————————— worked to persuade the people to reject that Congress’ Until recently, we all agreed that our prosperity advice. depended on our continuing united, and our best, wisest But the majority acknowledged the wisdom, citizens were focused on that goal. Now some politicians experience and patriotism in Congress; that their insist that we would be more secure and prosperous in Representatives would not recommend imprudent or separate “confederacies” or “sovereignties.” We should unwise measures. Relying on Congress’ judgment and not adopt these radical political ideas unless convinced integrity, they took its advice – ignoring the grand efforts that they are correct. to steer them from it. America, rather than detached, distant territories, is If we had reason to rely on that inexperienced, little- one connected, fertile, wide-spreading country. We are known Congress, we have greater reason to respect the blessed with many soils and crops, watered with many convention’s judgment and advice because its most streams, surrounded by navigable waters, with noble distinguished members – now seasoned and recognized rivers forming highways for communication and for their abilities – were members of both. transportation for our various commodities. Every Congress, like the convention, has agreed with This one connected country belongs to one united the people that America’s prosperity depends on its people, descended from one heritage, speaking one Union. To preserve and perpetuate it was the reason to language, professing one religion, attached to one set of form the convention, and it is also the purpose of the government principles. We are very similar in our proposed plan. Why, then, are some men depreciating its manners and customs. Together, fighting through a long importance? Why do some suggest that several and bloody war, we have established liberty and confederacies would be better than one? I believe the independence. people have always been correct on this subject, and that their universal, uniform attachment to the Union rests on substantial reason that I will try to explain in later papers. The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 2 © 1999 Marshall R. Overstedt
  • 3. Publius. The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 3 © 1999 Marshall R. Overstedt
  • 4. FEDERALIST NO. 3 Foreign Dangers – #2 Jay To the People of the State of New York: Intelligent people generally adopt ideas and practices The number of wars in the world is in proportion to the that serve their interests. We have long acknowledged number and weight of real and perceived causes that the need for unity under one federal government, with provoke them. If true, will more or fewer war causes enough power to fill all national purposes. confront a United America than a disunited America? That government’s first requirement is an ability to Generally, wars are caused by treaty violations and protect the people. Public safety relates to many direct attacks. America already has treaties with at least situations and problems, which gives great latitude to six foreign nations, all except Prussia are maritime, and those trying to define it precisely and thoroughly. therefore able to harm us. We also have extensive For the moment, let’s confine the discussion to our commerce with Portugal, Spain, and Britain – and the safety from foreign arms and influence. Is, in fact, an latter two have major colonies in our “neighborhood.” efficient national government our best protection against To preserve the peace, America must observe hostilities from abroad? international laws relating to all these powers, and one ———————————————————————— national government can do this more effectively than thirteen separate States or three or four confederacies. No State shall engage in any war without the consent of Once established, a good national government can – the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have more easily than a town or State – draw on the time and received certain advice of a resolution being formed by talents of the best men in the country to serve and man- some nation of Indians to invade such State, and the age it. This will benefit other nations, as well as our own. danger is so imminent as not to admit of a delay till the Moreover, under the national government, treaties and United States in Congress assembled can be consulted; nor shall any State grant commissions to any ships or international laws will always be established and observed vessels of war, nor letters of marque or reprisal, except it in the same way, based on unified, national policies. be after a declaration of war by the United States in Otherwise, our partners would be forced to deal with as Congress assembled, and then only against the Kingdom many as 13 different points of view. or State and the subjects thereof, against which war has The convention was also wise enough to commit these been so declared, and under such regulations as shall be established by the United States in Congress assembled questions to courts appointed by and responsible to only … one national government. Article VI of the Articles of Confederation As a result, deliberate and accidental insults will have All charges of war, and all other expenses that shall be far less impact on a single, national government than on incurred for the common defense or general welfare, and allowed by the United States in Congress assembled, shall several lesser ones. be defrayed out of a common treasury, … One good national government can also protect best Article VIII of the Articles of Confederation against direct, violent attacks. Not one Indian war has The Congress shall have power to lay and collect taxes, been caused by aggression by the present federal duties, imposts and excises, to … provide for the common government, feeble as it is; but several bloody Indian defense … [of] the United States; Article I Section 8(1) of the United States Constitution attacks have been provoked by improper conduct of To declare war … individual States. Article I Section 8(11) of the United States Constitution Quarrels between States and adjacent Spanish and To raise and support armies … British territories would be limited to those border areas. A Article I Section 8(12) of the United States Constitution To provide and maintain a navy; border State alone might become irritated enough to fight Article I Section 8(13) of the United States Constitution with a foreign power. In that case, nothing can prevent To make rules for the government and regulation of the hostilities more effectively than intervention by a unified land and naval forces; national government, whose wisdom and prudence would Article I Section 8(14) of the United States Constitution To provide for calling forth the militia to execute the laws of not be weakened by the combatants’ passions. the Union, suppress insurrections, and repel invasions; Indeed, the national government will not only eliminate Article I Section 8(15) of the United States Constitution just causes of war; it will have the power to settle disputes To provide for organizing, arming and disciplining the amicably. It will also act with less passion than pride-filled militia, and for governing such part of them as may be local and State authorities and will not need to justify all employed in the service of the United States, reserving to the States respectively the appointment of officers, and the actions or acknowledge, correct or repair errors and authority of training the militia according to the discipline offenses. And it can use moderation and candor to prescribed by Congress; consider and decide on proper means to extricate the Article I Section 8(16) of the United States Constitution beleaguered State from foreign challenges. Besides, a strong, united nation will more likely accept ––——————————————————— acknowledgments, explanations, and compensations than one of the thirteen States. The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 4 © 1999 Marshall R. Overstedt
  • 5. Publius. The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 5 © 1999 Marshall R. Overstedt
  • 6. FEDERALIST NO. 4 Foreign Dangers – #3 Jay To the People of the State of New York: Our safety from foreign force depends on both not Apply these facts to our case. Leave America divided giving or taking offense that can lead to hostilities. under multiple independent governments: what armies Nations generally make war whenever they believe and fleets could we raise and pay? If one was attacked, they can gain from it. Absolute rulers attack for the sake would the others spend their blood and money in its of military glory, revenge, ambition or commitments to defense? relatives, cronies or partisans. ———————————————————————— As for just causes, consider these opportunities for international “friction”: Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, With France and Britain we compete in fisheries, and which is not by this Confederation expressly delegated to can supply their markets cheaper than they. the United States, in Congress assembled. They and other European nations would celebrate our Article II of the Articles of Confederation failure in navigation and shipping, because our success, if The United States shall guarantee to every State in this Union a republican form of government, and shall protect any, will be at their expense. As might China and India, each of them against invasion, and on application of the who once sold us goods that we now supply ourselves. legislature, or of the executive (when the legislature cannot Operating our own commerce in our own ships irritates be convened), against domestic violence. European nations with nearby territories because the low Article IV Section 4 of the United States Constitution cost and high quality of our goods, closeness to sources and markets, and our merchants’ and sailors’ skill give us ———————————————————————— important advantages over them. The history of the Greek states abounds with such In response, Spain shuts us out of the Mississippi and instances and, under similar circumstances, we would Britain out of the Saint Lawrence, and both bar us from probably do the same. the other waters between them and us. This is why other Even if, say, New York would be willing to help an nations are jealous and uneasy. invaded State or confederacy: How much manpower and Americans know these “discomforts” can lead to war at money would it contribute? Who would command the any time. This is why they also consider Union and a allied armies and who would issue the orders? Who good national government necessary to peace. would negotiate or arbitrate the peace? One government can call talented, able people With one government watching over our general and wherever in the Union they might be. It can move on common interests, combining and directing the powers uniform principles of policy. It can harmonize, assimilate, and resources of the whole, these problems would not and – together or separately – protect the States. In arise. forming treaties, it can act for the whole, and the United under one national government or split, foreign particular interests of the States. nations will treat us accordingly. In sum, to defend any part, it can apply the resources They will be much more ready to cultivate our and power of the whole more easily and quickly than friendship than provoke our resentment if they see a well- State governments or separate confederacies. It can, as managed national government; prudently-regulated trade; the States could not, place the militia in one corps under a properly organized and disciplined militia; discreetly one chain of command, connected to the President. managed resources and finances; re-established credit; What would British militia be if the English, Scottish and a free, contented, united people. and Welsh recruits only obeyed their own governments? If, on the other hand, they see States or confederacies Against an invasion, could those three governments fight going their own way, one leaning to Britain, another to the enemy as effectively as the single government of France, and a third to Spain and perhaps played against Great Britain? each other by the three, what a poor, pitiful figure America We have heard much of the fleets of Britain, and the will make in their eyes! time may come when the American fleets will be as Experience has always taught that when a people or respected. But if one national government had not made family so divide, it never fails to be against itself. British navigation a nursery for seamen – if it had not Publius. organized all national resources for forming fleets – they would not exist. The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 6 © 1999 Marshall R. Overstedt
  • 7. FEDERALIST NO. 5 Foreign Dangers – #4 Jay To the People of the State of New York: QUEEN ANNE once wrote to the Scottish Parliament conditions which tend to create and increase power in on the importance of the UNION then forming between one place and impede it in others, we must acknowledge England and Scotland. She said, in part: that superior policy and good management always An entire and perfect union will be the solid separate governments from each other. And we cannot foundation of lasting peace: It will secure your presume that all confederacies would be managed religion, liberty, and property; remove the animosities equally well. amongst yourselves, and the jealousies and When one of those nations or confederacies rises, as differences betwixt our two kingdoms. It must it certainly will, to political importance, the others will slip increase your strength, riches, and trade; and by this to “second-class” status, driven by envy and fear, and union the whole island, being joined in affection and then the real conflict will begin. free from all apprehensions of different interest, will The North, for example, is generally the region of be enabled to resist all its enemies. … We most strength, and we can expect that the most Northern of the earnestly recommend to you calmness and proposed confederacies would become the strongest. unanimity in this great and weighty affair, that the Soon, the Northerners’ success and the Southerners’ union may be brought to a happy conclusion, being want would ignite the kinds of conflict that afflict northern the only effectual way to secure our present and and southern Europe. future happiness, and disappoint the designs of our Anyone who understands history knows that American and your enemies, who will doubtless, on this confederacies would neither love nor trust each other, occasion, use their utmost endeavors to prevent this which, in other nations’ eyes, would make them union. dangerous only to each other because they could never I remarked in my previous paper that weakness and form defensive alliances against outsiders. Example: divisions at home would invite dangers from abroad; and When did the independent British states unite their forces that nothing would do more to protect us than union, against a foreign enemy? strength, and good government. British history gives us The proposed confederacies would be distinct nations, many lessons to follow without paying the price they paid. each having commerce and treaties with foreigners, built Although it seems obvious that people sharing an around the products and commodities they could offer for island should be one nation, for ages they were divided trade. Different commerce creates different interests, and into three – which almost constantly quarreled and fought. different political attachments to different foreign nations. Though their interests respecting European nations were Hence, a nation at war with the Southern confederacy the same, their mutual jealousies were always inflamed, might be the Northerners’ best ally and trading partner. and they were far more trouble than help to each other. In fact, as in Europe, our bordering confederacies Should we divide into three or four nations, would not acting in opposite interests would often take different the same thing happen? Would not similar long-cherished sides. And it would be more natural for them to fear one jealousies arise? Instead of being “joined in affection,” another than faroff European nations. And therefore they free from fear, envy and jealousy of each other, the would more likely use foreign alliances to guard against States’ and confederacies’ conflicting interests would be neighbors than neighbors against foreign attack. But the only objects of their policy and pursuits. And, like most remember – it is easier to welcome than repel foreign bordering nations, we would always be at odds or at war, fleets and armies. or living in suspicion and fear of each other. Publius. The most confident supporters of separation cannot suppose that they would begin or remain equally strong because no plan can ever assure equality. Beyond local FEDERALIST NO. 6 Dangers from Conflict Between States Hamilton To the People of the State of New York: The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 7 © 1999 Marshall R. Overstedt
  • 8. THERE IS no doubt that, disunited, the confederations In fact, republics are no less addicted to war than the 13 States might join would often fight each other. Men monarchies, and legislatures just as subject to irregular, are, after all, ambitious, vindictive and rapacious. To violent biases. They often place their trust in “imperfect” expect harmony between unconnected sovereignties in leaders, who taint them with their selfish passions and the same neighborhood is to forget and defy history. views. Causes of international hostility are many. Some afflict Moreover, commerce has done little to abolish war, governments almost constantly. These include the hunger because love of wealth is as corrupting a passion as for power, as against people’s desire for equality and power or glory. Witness that there have been as many safety; and commercial rivalry and competition. wars fought for commercial gain as for territory or Still others arise from private passions of community dominion. leaders who abuse the people’s confidence by sacrificing Sparta, Athens, Rome, and Carthage were republics. public tranquillity to personal benefit. Pericles, wooing a Yet they were as often at war as monarchies in those resentful prostitute, at his country’s expense, destroyed times. the city of the Samnians then, in anger, to avoid Sparta was little more than a well-regulated camp; and prosecution, to avert political accusations, or from several Rome never tired of conquest. causes, launched the Peloponnesian war, which ruined Carthage, a commercial republic, was the aggressor in Athens. the war that destroyed her. Henry VIII’s ambitious prime minister, aspiring to the Venice, in later years, more than once fought wars of crown, precipitated war between England and France. ambition until Pope Julius II gave a deadly blow to this And an example among ourselves: Shays’s haughty republic. indebtedness, which helped plunge Massachusetts into The provinces of Holland, until overwhelmed by debt civil war. and taxes, were conspicuous in European wars. Even today, there are no doubt men who believe there Few nations have engaged in more wars than Britain – can be “perpetual peace between the States,” though many instigated by the people and their representatives – separate and alienated from each other. The genius of often for commercial advantage, against the monarch’s republics (they say) is pacific; the spirit of commerce instincts and the State’s real interests. tends to soften men’s manners and quench tempers These are experiences of countries with interests which have so often kindled wars. Commercial republics similar to our own. How, then, can we expect interstate like ours (they say) would never waste themselves in peace and cordiality after the present Confederacy is ruinous conflicts with each other. They will be governed dissolved? It is time to awake from the dream of a golden (they say) by mutual interest and cultivate amity and age and map a practical direction for our political conduct. concord. The notion that harmony can accompany disunion is Is it not, we may ask, in all nations’ interest to cultivate far from the general sense of mankind. A longstanding such benevolent spirits? If so, have they pursued it? On political axiom has it that nearness and likeness create the contrary, momentary passions and interests have natural enemies, not friends. greater control over conduct than policy, utility or justice. Publius. FEDERALIST NO. 7 Dangers from Conflict Between States Hamilton To the People of the State of New York: SOME PEOPLE ask, why would the States, if The States that contain those lands have claimed them disunited, make war on each other? I answer: For the as their property. Others contend that the crown’s rights same reasons all nations have, at different times, been passed on to the Union – especially that part of the deluged in blood. Western territory which, by possession or submission of Territorial disputes have caused most wars that have Indian proprietors, fell under the king’s jurisdiction until desolated the earth – and would be a real threat for us. relinquished in the peace treaty. This, they say, was an We have vast unsettled territories. There are acquisition to America by compact with a foreign power. dissonant, undecided claims between several of them; Congress has prudently appeased this controversy by dissolution of the Union would cause similar claims asking the States to make cessions to the United States between them all. They have had serious discussions for the benefit of the whole. Under resulting agreements, concerning rights which were ungranted at the time of the a large part of the vacant Western territory is, if only by Revolution, on tracts which were usually deemed “crown cession, the common property of the Union. But if the lands.” Union were to end, the ceding States would be apt to reclaim the lands. The other States would insist on a The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt •Page 8 © 1999 Marshall R. Overstedt
  • 9. proportion, by right of representation. Their argument The opportunities some States would have to exploit would be that a grant, once made, cannot be revoked, others through commercial regulations would be resisted and that land rights acquired or secured by the by the exploitees. The relationship between New York, Confederacy’s joint efforts remain undiminished. Connecticut and New Jersey gives an example. New If, surprisingly, the States should agree that all share York’s revenue needs require her to lay duties on her ownership in the public lands, there would remain the importations, paid by citizen-consumers of the two other difficult question of apportionment. Some worry that States. New York could not give up this advantage, different States would set up different principles: self- because her citizens would not willingly pay a duty in favor interested principles that could lead to conflict, with no of their neighbors; nor could visitors in our markets be umpire or common judge to separate the contenders. separated from citizens. In a land dispute between Connecticut and How long would our oppressed neighbors, forced to Pennsylvania, the Articles of Confederation required support our happiness, let us live in peace? appeal to a federal court, which decided for Pennsylvania. The national debt could also cause collisions between But Connecticut was unsatisfied until compensated with the States or confederacies. The way the debt is an equivalent tract: she no doubt believed herself injured apportioned and paid would certainly produce ill-humor by the decision. and animosity. How could we agree on an apportionment The lesson is that States, like people, accept defeat rule satisfactory to all? Scarcely any we can propose is reluctantly. Those who witnessed the behind-the-scenes free from real objections, and these would be action in the controversy between New York State and exaggerated by “offended” parties. Vermont remember the opposition we faced from States Not even the States agree on a general principle for with real and pretended interests in the outcome. They discharging the debt. Some are unimpressed with the can attest that, had New York tried to claim its rights by need for national credit, others indifferent or opposed to force, the peace of the Confederacy would have been in any payment at any rate. Still other States, many of real danger. The threat grew from two motives: jealousy whose citizens are public creditors, would demand some of New York’s future power and the interests of influential equitable, effective provision. Their resentment would New Hampshire, Massachusetts and Connecticut citizens lengthen the former's procrastinations. In short, expect a who had gained land grants from the government of long delayed settlement. Citizens of the interested States Vermont. Even States with claims clashing with ours would clamor, while foreign powers demand satisfaction seemed more ready to dismember New York than admit of their claims, and peace between the States would be their own pretensions. New Jersey, Rhode Island and threatened by both external invasion and internal Maryland affected zealous support of Vermont’s contention. independence, hoping to deter our growing greatness. Even should the apportionment be made, there is Should we become disunited, these kinds of passions room to suppose that the rule agreed upon would, in would likely embroil all States. Commercial competitions practice bear harder upon some States than others. also generate tension. Smaller, less favorably located Naturally, the “sufferers” would seek relief from the States would want to gain advantage. Every State or burden while the others would dismiss a revision which separate confederacy would set its own peculiar would likely increase their own misery. Their refusal would commercial policy. All of this would create distinctions, encourage the complaining States to withhold preferences and exclusions, which would breed contributions, and this non-compliance would lead to discontent. more wrangling. If all the States agree, some would defer The relationships, based on equal privileges that we payments due to lack of funds, financial mismanagement have enjoyed since the first settlers arrived, would or “mistakes,” and the natural reluctance to support sharpen the causes of discontent. We should be ready to yesterday’s causes. And those delinquencies would recognize some perceived offenses as justifiable acts of generate complaints, recriminations, and quarrels sovereignties serving their own interests. because no one cares to contribute equally to efforts with Still, it is improbable that enterprising Americans would unequal benefit. It is an old but valid truth that nothing respect trade regulations certain States might use to causes friction more quickly than the payment of money. benefit their own citizens. Violations of those regulations Laws that violate private contracts and, thereby, on one side and efforts on the other to prevent and punish citizens’ rights, also cause enmity. We cannot expect that them would naturally lead to outrages, reprisals and wars. the separate States would legislate more liberally toward —————————————–—————— the others after ratification than before, unless we enact was to insure fairness. We witnessed, when the Rhode No tax or duty shall be laid on articles exported from any Island legislature offended Connecticut – the retaliatory State. spirit that can result. In such future “arguments,” real war Article I Section 9 (5) of the U.S. Constitution No preference shall be given by any regulation of is not out of the question. commerce or revenue to the ports of one State over those Previous papers have warned of the dangers to peace of another; nor shall vessels bound to or from one State be of “incompatible” alliances between States or obliged to enter, clear or pay duties in another. confederacies and foreign nations. If America is not Article I Section 9 (6) of the U.S. Constitution united, or only tied into some weak league, we would certainly entangle ourselves in Europe’s deadly intrigues, ———————————————————————— and become prey to its power-grabbing artifices and The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt • Page 9 © 1999 Marshall R. Overstedt
  • 10. machinations. We must make “Divide and Command” the motto of every nation that hates or fears us. Publius. FEDERALIST NO. 8 Consequences of Hostilities Between States Hamilton To the People of the State of New York: LET US assume that, if disunited, the States or any small, underendowed states have often defeated large, alliances they might form would undergo the rigors of rich enemies. But very quickly, pride and self-preservation mutual friendship and enmity that affect all neighboring would force potential victim states to arm and organize. nations. Then let us examine what that would mean. Then America would see the same engines of despotism First, we would see war between the States, and much that scourged the Old World. This would be the natural more painful war than befalls countries with longstanding course of events and our policies will more likely succeed military traditions. The disciplined armies of Europe, in maintaining freedom if they fit these realities. though indifferent to liberty and economy, have made These are not vague inferences from supposed sudden conquest impracticable and prevented rapid, defects in a Constitution that puts power in the hands of widespread desolation. The European art of fortification the people, their representatives or delegates. They are has also helped keep the peace: all European nations are solid conclusions, drawn from human history. encircled with battlements. Campaigns to defeat frontier You may ask why standing armies did not spring from garrisons by invasion are wastes of time, money and the dissension that often distracted the Greek republics? manpower. Previously, invaders penetrated to the enemy There is no one answer. Today’s industrious people, nation’s heart before the invadees knew they were under absorbed in gainful pursuits, are unlikely to build “soldier attack. Now a relatively small, disciplined defensive force, nations” like the Greeks produced. Modern revenue aided by listening posts and watchtowers, can stop large sources, multiplied by the growth of gold and silver, the armies in their tracks. Europe’s military history tells not of industrial arts, and financial sciences, have revolutionized nations subdued and empires overturned, but of battles war, making disciplined armies and hostilities inseparable. that decide nothing. There is also a wide difference between military In America, events would be reversed. Jealous of the establishments in countries rarely threatened and those in resources military establishments always consume, the constant fear of invasion. Safe countries may keep States would postpone building them, opening highways armies as large as any. But their citizens would be in no for enemies to travel. Big States would easily overrun danger of military subjugation, laws would not be written their small, weak neighbors. But once conquered, the to protect central authority, and civil government would newly-won territory would come under attack by someone maintain vigor. When they have no need for protection or larger and stronger. We would see random wars, one to submit to its oppression, citizens view the soldiery as a after another, typified by plunder and devastation necessary evil, and readily resist government attacks on expected from untrained, undisciplined, demoralized their rights. The army may help suppress a mob or irregulars. insurrection, but cannot encroach against the people’s Defense against invasion is the most powerful dictator united efforts. of national policy. Liberty cannot stand against it. Violent In a country constantly threatened, the opposite death and destruction and ongoing danger compel even happens. The government is obliged to always prepare to freedom-loving countries to resort to institutions that tend repel invasion. Its armies must be big enough for instant to destroy civil and political rights. defense. The continual need for their services increases These institutions include standing armies, which are the soldier’s importance and degrades the citizen’s. The not prohibited by the new Constitution; therefore some military rises above the civil. The rights of inhabitants of infer they may exist (though with great expense and threatened territories are unavoidably infringed. This difficulty) under it. Dissolution of the Union, however, weakens their sense of those rights and causes them to would guarantee standing armies, produced by frequent see the army as not only their protectors but their war and constant tension. Weaker States or superiors – eventually, as masters. And it is very difficult confederacies would arm first, to match more potent to motivate people to boldly or effectively resist the neighbors. They would also, by necessity, strengthen their military’s power. executive arms, while weakening the legislatures, and Britain falls in the “safe” category. Her geography and thereby begin a steady march toward monarchy. powerful marine guard her against invasion and eliminate This military strength would make the States or a need for a large army. All she needs is enough force to confederacies that use them superior to their neighbors. meet a sudden attack until the militia could form and rally. Under strong governments with disciplined military forces, National policy does not demand, and public opinion The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt • Page 10 © 1999 Marshall R. Overstedt
  • 11. would bar, a large regular army. For a long time, there Nearby colonies will likely continue too weak to threaten has been little room for the operation of the other causes us. Therefore we should not need an extensive military. of internal war. All these elements serve to preserve But if we should disunite, or should the States join in liberty in spite of Britain’s prevalent venality and two or three confederacies, we would soon look and act corruption. But if Britain were located on the continent, like European powers and our liberties would fall prey to she would be forced to build military establishments the need to defend ourselves against each other. competitive with the rest of Europe’s huge standing This question deserves the most serious and mature regular armies, and probably be victim to a single man’s consideration of all prudent, honest men of all parties. If absolute power. It is possible, though not likely, that the they will make a firm, solemn pause and meditate British may be enslaved from other causes, but not by its dispassionately on its importance in all its aspects, they inconsiderable army. will quickly part with trivial objections to a Constitution, If we are wise enough to preserve the Union we may rejection of which would probably end the Union. enjoy advantages similar to Britain’s. Europe is far away. Publius. FEDERALIST NO. 9 The Union as a Safeguard Against Domestic Faction and Insurrection Hamilton To the People of the State of New York: A FIRM Union will be vital to the States’ peace and during good behavior, establishing legislatures to which liberty, as a bar against faction and insurrection. You the people elect their own representatives – these are cannot read the history of the Greek and Italian new, or newly perfected, ideas. Republican governments confederacies without feeling horror and disgust at the use them to strengthen themselves and remove or reduce many revolutions that kept them continually swinging their imperfections. between tyranny and anarchy. Those were violent times, To these strengths, I add republicanism's ability to when creativity was often shattered by governmental serve large and small constituencies: single states as well vices. as continental confederacies, such as ours. In those disorders, modern despots find arguments Confederacies’ ability to suppress faction and to keep against republicanism. They label free government the domestic peace has been used in many countries and inconsistent with order and deride its supporters. Ages- times, and is sanctioned by the most distinguished old free institutions refute these fallacies. And I believe political writers. The Constitution’s opponents have America will create equally magnificent, permanent quoted Montesquieu on a republican government’s need monuments to liberty. to limit its territory. But they neglect some of that great The images of republican government they draw are man’s other opinions. distorted. But political science has improved greatly and, When Montesquieu recommends small republics, his though unknown to the ancients, is now well understood. standard was far smaller than almost all of our States. ———————————————————————– Neither Virginia, Massachusetts, Pennsylvania, New York, North Carolina or Georgia can be compared with his All legislative powers herein granted shall be vested in a models. If we accept his idea, we must resort to Congress of the United States, which shall consist of a Senate and House of Representatives. monarchy or split into infinite little, jealous, clashing, Article I Section 1 of the United States Constitution stormy commonwealths breeding endless discord and The executive power shall be vested in a President of the earning universal contempt. Some writers on the other United States. He shall hold his office during the term of side seem aware of the dilemma, and have even four years, and together with the Vice-President, chosen for the same term, be elected as follows: suggested division of the larger States. That policy, Article II Section 1 of the United States Constitution creating countless offices, would serve petty politicians The judicial power of the United States shall be vested in who could never promote the greatness or happiness of one Supreme Court, and in such inferior courts as the the American people. Congress may from time to time ordain and establish. The Moreover, while it would force us to shrink our largest judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated States, it would not prevent them from joining in one times, receive for their services a compensation which confederate government – and this is the real issue here. shall not be diminished during their continuance in office Not only does Montesquieu not oppose a general .Article III Section 1 of the United States Constitution Union of States, he views a confederate republic as a way to strengthen popular government. He says: ———————————————————————— Dividing power into distinct departments, legislating balances and checks, staffing courts with judges serving The Federalist Papers: An Update • Edited by Marshall Overstedt • Page 11 © 1999 Marshall R. Overstedt
  • 12. It is very probable that mankind would have These passages summarize the principal arguments been obliged at length to live constantly under the for the Union, and remove the false impressions intended government of a single person, had they not by misapplying other parts of the work. They are also contrived a kind of constitution that has all the connected with the subject of this paper: the Union’s internal advantages of a republican, together with ability to repress domestic faction and insurrection. the external force of a monarchical government. I A subtle distinction has been raised between a mean a confederate republic. confederacy and a consolidation of States. The essence This form of government is a convention by of the first, it is said, is that its authority is restricted to the which several smaller states agree to become members’ collective capacities, excluding the individuals members of a larger one, which they intend to that compose them. Some contend that the national form. It is a kind of assemblage of societies that government should be uninvolved in internal constitute a new one, capable of increasing, by administration. Others insist that a confederacy’s member means of new associations, till they arrive to such States must have exactly equal suffrage. These arbitrary a degree of power as to be able to provide for the positions are unsupported by principle and precedent. security of the united body. Indeed, there is no absolute rule on these subjects. This A republic of this kind, able to withstand an investigation will show such equality has caused incurable external force, may support itself without any disorder and imbecility. internal corruptions. The form of this society The definition of a confederate republic seems simply prevents all manner of inconveniences. to be “an assemblage of societies,” or two or more States If a single member should attempt to usurp the joined in one State. The extent and specifics of federal supreme authority, he could not be supposed to authority are discretionary. So long as the States’ have an equal authority and credit in all the separate governments stay in power serving local confederate states. Were he to have too great purposes but subordinate to the Union’s general authority, influence over one, this would alarm the rest. it would still be an association of States, or a confederacy. Were he to subdue a part, that which would still The proposed Constitution, far from abolishing the remain free might oppose him with forces State governments, makes them integral to national independent of those which he had usurped and sovereignty, by allowing them direct representation in the overpower him before he could be settled in his Senate and certain exclusive, important portions of usurpation. sovereign power. This conforms to the definition of a Should a popular insurrection happen in one of federal government. the confederate states the others are able to quell In the Lycian confederacy, consisting of 23 cities or it. Should abuses creep into one part, they are republics, the largest were entitled to three votes in the reformed by those that remain sound. The state common council, those in the middle to two, and the may be destroyed on one side, and not on the smallest to one. The common council appointed all the other; the confederacy may be dissolved, and the cities’ judges and magistrates. This, obviously, interfered confederates preserve their sovereignty. with the local jurisdictions’ natural powers, which include As this government is composed of small appointing their own officers. Yet Montesquieu said of this republics, it enjoys the internal happiness of association: “Were I to give a model of an excellent each; and with respect to its external situation, it Confederate Republic, it would be that of Lycia.” is possessed, by means of the association, of all From this it is apparent that he never contemplated the the advantages of large monarchies. distinctions the objectors insist upon. Publius. FEDERALIST NO. 10 The Union vs. Faction and Insurrection – #2 Madison To the People of the State of New York: IN POPULAR governments, faction is a dangerous governments are too unstable; that the public good is vice. The Union’s key advantage is its ability to break and disregarded in factional rivalries and decisions are too control it. often based on the majority’s overbearing interest. Faction generates instability, injustice and chaos that These complaints are in some degree true, and some have destroyed many elected governments – arming of the blame we lay to government is mistaken. Still, liberty’s enemies. Our State constitutions have introduced many serious problems derive from distrust of public improvements on democracy, but faction remains a actions and fear for private rights. These largely result danger. Some prominent citizens complain our The Federalist Papers: An Update • Edited by Marshall Overstedt • Page 12 © 1999 Marshall R. Overstedt
  • 13. from factious spirits reflected in unsteady, unjust Elected government must protect against it in order to administration. win popular support, either by preventing a bad idea from By a faction, I mean a minority or majority united and gaining a majority or an “infected” majority from taking motivated by an interest conflicting with others’ rights or malevolent action. the community’s interests. From this, you may conclude that a democracy, where There are two cures for faction: (1) remove its causes, citizens govern in person, cannot cure the ills of faction. (2) control its effects. And there are two ways to remove Common passions or interests almost always affect the causes: (1) destroy liberty and (2) give everyone the majorities of the whole; there is nothing to stop them from same opinions, passions and the interests. sacrificing the minority to its own cause. This is why The first remedy is worse than the disease. To abolish democracies are typically turbulent and contentious, liberty because it nourishes faction makes as much sense incompatible with personal security or property rights and as abolishing air because it supports fire. As to the typified by short lives ending in violent deaths. Theoretic second, as long as reason isn’t perfect, and we are free politicians who promote pure democracy suppose that to exercise it, opinions will differ. As reason is linked to perfect equality will equalize everyone’s possessions, ego, opinions and passions influence each other. Men’s opinions and passions; history shows this is mistaken. varied faculties – the source of property rights – also ———————————————————————— prevent uniform interests. Protecting these faculties is government’s first duty. Each State shall appoint, in such manner as the legislature thereof may direct, a number of Electors, equal to the Protecting different, unequal property-acquiring faculties whole number of Senators and Representatives to which creates different sizes and kinds of property, and their the State may be entitled in the Congress; but no Senator influence on the emotions and views of respective owners or Representative, or person holding an office of trust or divides society into factions. profit under the United States shall be appointed an Elector. Faction is human nature, and it works everywhere at Article II Section 2 of the United States Constitution different levels. Different religions, political ideas, The Electors shall meet in their respective States and vote attachment to different candidates … These are some by ballot for two persons, of whom one at least shall not be things that divide us into factions. Sometimes faction an inhabitant of the same State with themselves. And they inflames animosity and drives us to fight each other. This shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and “drive” is so strong, that when there is no major cause at certify, and transmit sealed to the seat of the government work, minor distractions can ignite violence. of the United States, directed to the President of the But the most common, durable cause of faction is Senate. The President of the Senate shall, in the presence unequal property distribution. Those with and those of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The without property have always taken political sides. person having the greatest number of votes shall be the Regulating these conflicting interests (an essential President, if such number be a majority of the whole legislative mission) involves partisanship and faction in number of Electors appointed; and if there be more than government’s necessary, ordinary operations. one who have such majority, and have an equal number of No man is allowed to be a judge in his own cause, votes, then the House of Representatives shall immediately choose by ballot one of them for President; because his interest would bias his judgment and and if no person have a majority, then from the five probably corrupt his integrity. Wisely, bodies of men are highest on the list the said House shall in like manner barred from both judgment and advocacy of a given choose the President. But in choosing the President the cause. But most legislation is judicial as it concerns votes shall be taken by States, the representation from each State having one vote … citizens’ rights. And legislators are advocates and parties Article II Section 3 of the United States Constitution to political causes on which they decide and vote. To a Note: The Articles of Confederation do not contain the words proposed law concerning private debts, creditors are “President” or “election.” parties on one side and debtors on the other. Justice should hold the balance between them, yet the parties ———————————————————————— themselves are the judges and the largest, most powerful A republic where people act through elected will win. representatives offers the cure. Examine its differences Shall we encourage domestic manufacturing by from pure democracy, and you will see how it benefits the restricting foreign goods? This question would be decided Union. The two great differences between a democracy very differently by the landed versus the manufacturing and a republic are: classes. It is pointless to say that enlightened statesmen 1. The small number of delegates elected to can adjust these clashing interests and subject them to government by the rest. the public good. In fact, they will not always be in charge. 2. The greater number of citizens, and greater territory, In short, causes of faction cannot be removed but only over which the republic may extend. (hopefully) controlled to optimize or minimize its effects. The first difference refines and enlarges public views But in a republic, if an evil faction has less than a by passing them through a chosen body, whose wisdom majority, the republican principle allows the majority to can best discern the country’s true interest, and is least vote against and defeat it. The offenders may clog likely to sacrifice that interest to expediency. This way, the government and convulse society, but the Constitution will people’s voices, amplified by their representatives, are prevent their violence. more in harmony with the public good than if pronounced But when a faction holds a majority, nothing can stop it by the people themselves in a meeting for the purpose. from sacrificing the public good for its own benefit. The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt t • Page 13 © 1999 Marshall R. Overstedt
  • 14. On the other hand, the effect may be inverted. Corrupt learn their interests. Too few voters tied to them limit their men may use intrigue, bribery or other means to win ability to understand and deal with national questions. election and then betray the people’s interests. This The federal Constitution refers the great, aggregate raises the question whether small or large republics can interests to the national Congress and local, particular elect better guardians of the public good. Larger republics questions to the State legislatures. are the best choice, because: Another difference: A republic can govern a larger A. However small, the republic must have enough population and territory than a democracy, because it is representatives to guard against the malicious few. most able to control faction. B. However large, delegates must be few enough to The smaller the society and the fewer the interests prevent the chaos of over-representation. within it, the more often a majority concentrates in one Note that the number of representatives in each case party and fewer individuals are needed to form a majority is not in proportion to its constituency, and the small – which operates over a short, narrow range of issues. republic has a greater proportion. It follows that if the ratio This makes it easy for oppressors to organize, plot and of fit candidates in the large republic equals that in the operate. small, the large republic will offer more choices a better But when you widen the fields of interest, including chance to elect a qualified representative body. more people, more parties and diverse interests, you ———————————————————————— make it more difficult for a majority to violate the For the most convenient management of the general minority’s rights. That limits a faction’s opportunity and interests of the United States, delegates shall be annually ability to function. For one reason, it takes many more appointed in such manner as the legislatures of each State people to gather critical mass and soon distrust and shall direct, to meet in Congress on the first Monday in dissension begin to erode effectiveness. November, in every year, with a power reserved to each In controlling faction, a large republic like the proposed State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the United States has the same advantage over a small remainder of the year. No State shall be represented in republic that any republic holds over a pure democracy: Congress by less than two, nor more than seven members the ability to place many strong obstacles against unjust … self-interested majorities. Article V of the Articles of Confederation Factious leaders may kindle fires within their own Representatives and direct taxes shall be apportioned States, but they could not spread general conflagration among the several States which may b e included within through the others. A religious sect may degenerate into a this Union, according to their respective numbers, which shall be determined by adding to the whole number of free political faction in a corner of the nation, but the number persons, including those bound to service for a term of and variety of denominations spread across it will shield years, and excluding Indians not taxed, three-fifths of all the country from that kind of danger. A rage for paper other persons. money, an abolition of debts, an equal division of property Article II Section 3 of the United States Constitution or any other improper or wicked project will be unlikely to ——————————————————————— pervade the Union. Moreover, as each representative will be elected by In the Union’s size and proper organization, I see a more voters in the large than in the small republic, it will republican cure for the diseases that most often afflict be more difficult for unworthy men to win election; and republican governments. In the pride we feel in being since voters are more free, they will likely gravitate to republicans should be our zeal in cherishing the spirit and worthy candidates. supporting the character of Federalists. Yet there is a middle ground, surrounded by concerns. Publius. Too many voters make it difficult for representatives to The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt t • Page 14 © 1999 Marshall R. Overstedt
  • 15. FEDERALIST NO. 11 Need for the Union and a Navy to Advance Commerce Hamilton To the People of the State of New York: THERE IS little disagreement on the Union’s ability to build a navy able to challenge the Europeans. commercial importance to foreign trade. This would be especially valuable to our operations in the European maritime powers are uneasy about our West Indies. A few American ships, sent to reinforce adventurous commercial spirit and its possible threat to either the British or the Spaniards could be enough to their shipping – the basis of their navigation strength. make either a winner or loser. Those with American colonies foresee dangers from In the West Indies, we can command great respect. bordering States able to build powerful marines. And if we offer useful American military equipment, we ———————————————————————— can negotiate commercial privileges and set attractive prices on our friendship and neutrality. No vessel of war shall be kept up in time of peace by any Indeed, by keeping the Union we can “referee” State, except such number only, as shall be deemed necessary by the United States in Congress assembled, Europe’s American conflicts, and turn them to our for the defense of such State, or its trade … advantage. But by separating, we would allow rivalries Article VI of the Articles of Confederation [The Congress shall have the power) To provide and between the States to destroy all of our advantages in maintain a navy … [and] To make rules for the government international politics and trade. European nations at war and regulation of the … naval forces … with each other would not fear us, and could raid our Article I, Section 8 (13) & (14) of the United States Constitution No State shall, without the consent of Congress … keep resources to fill their needs. troops and ships of war in time of peace … Neutrality rights are respected only when defended. A Article I, Section 10 (3) & of the United States Constitution weak nation gives up even the privilege to be neutral. Under a vigorous national government, our natural ———————————————————————— strength and resources, directed to a common purpose, In defense, they will likely try to divide us and keep us would impede European efforts to limit our growth. Active from carrying our goods in our own ships. This would commerce, extensive navigation and a thriving maritime prevent us from competing with them, gaining the profits industry are, in short, morally and physically necessary. from our own goods and realizing our potential greatness. But disunited, even little schemes by little politicians By remaining united, we can counter this threat in could defeat us. Powerful maritime nations, capitalizing many ways. By enacting regulations, nationwide, we can on our impotence, could set the conditions for our political force foreigners to bid against each other for access to existence. Moreover, as they have a common interest in our markets. This is a real concern to those who see the carrying our goods and preventing us from shipping importance of our rapidly growing, essentially agricultural theirs, they would likely unite to destroy, or at least markets to all manufacturing nations. By not acting neutralize, our shipping. We would then be forced to against us, they risk huge losses in trade and shipping. accept any price for our commodities, and hand our trade Suppose we had a government strong enough to bar profits to our enemies. The unequaled spirit of enterprise, Great Britain (with whom we have no commercial treaty). which signifies the genius of American merchants and This would enable us to negotiate vast, valuable navigators, and is an inexhaustible mine of national commercial privileges in the British colonies. wealth, would be stifled and lost. Then poverty and In the past, Britain might have responded by simply disgrace would spread across a country that, with shipping her goods to America through the Dutch. But wisdom, could win the world’s admiration and envy. the loss of revenue from not using her own ships would Some rights of importance to American trade are also be heavy. And the Dutch, not they, would pocket the rights of the Union. I mean the fisheries, navigation of the principal profits. This round-about, expensive trade Western lakes and access to the Mississippi. Dissolving arrangement would also make British goods higher priced the Union would bring the nation’s whole waterborne and less competitive against the rest of Europe – another mercantile future into question. Our enemies would serious financial threat. certainly exploit our disunity. I believe that these disadvantages would force Britain Spain stands between us and the Mississippi. France to grant us market privileges in her island colonies in the and Britain compete with us for fisheries – and see them West Indies. To gain these benefits, we would need to as critical to their navigation. They would not neglect this grant some exemptions and immunities in our own, and valuable weapon that prevents us from underselling them this would affect relations with other nations hoping to in their own markets. What could be more natural than share in our trade. preventing their success? Another way to influence European nations’ conduct We should not consider our maritime strength a partial toward us would be to establish a federal navy. One of an benefit. All the navigating States could – probably would – effective Union government would be the strength and The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt • Page 15
  • 16. benefit from it. As a nursery of seamen, it is a universal On the other hand, whether the States are united or resource. To the launching of a navy, it is indispensable. not, there would be intimate intercourse between them. To the navy, the Union is important in various ways. In But this commerce would be obstructed by many causes, fact, every federal institution will grow and flourish in which have been amply detailed in these papers. Unity, proportion to the size and weight of united support we put whether commercial or political, can only result from behind it. A United States Navy, which would tap all the government unity. States’ resources, would be easier for the Union to build There are other striking, animated points of view on than any single State or partial confederacy. this subject, but they lead too far into the future for Indeed, different parts of united America have peculiar discussion in a newspaper article. Still, I say our situation advantages to put behind this enterprise. The southern invites and our interests prompt us to plan for on-going States have certain kinds of naval stores – wood for hulls, improvement in American government. The world may tar, pitch, and turpentine – in abundance. Some Southern politically and geographically be divided into four parts and Middle States have ample, high-quality iron. Seamen (Europe, Africa, Asia and America), with four sets of must come chiefly from the North. interests. Unhappily for the other three, Europe – through Unrestrained commerce between the States will force, negotiations and fraud – dominates them all. Her assure success of their products, both at home and, success tempts her to believe the rest of mankind exists through access to ports, overseas. Also, the different for her benefit. Philosophers have credited Europeans States’ varied products will help commercial enterprise with physical superiority, and have asserted that all grow ever larger. When one State’s staple fails from a animals, including humans, degenerate in America. It is bad harvest, another State can replace it. our responsibility to vindicate the honor of the human Wide varieties, as well as high values, of exportable race and to teach the arrogant Europeans humility. products permit market competition and fluctuations that Union will let us do that. Disunion will defeat us. Let allow us to operate on better terms. Some items may be Americans refuse to become instruments of European in demand at one time and unsalable at another, but a greatness! Let the thirteen States, bound together in a range of articles could not all suffer down markets at strict and indissoluble Union, erect one great American once. Shrewd traders will readily recognize these system, superior to transatlantic force or influence, and opportunities and will acknowledge that the aggregate able to dictate terms of connection between the old and balance of United States commerce would be much more new world! favorable than that of thirteen separate or partially-united Publius. States. FEDERALIST NO. 12 The Union’s Value to Revenue Creation Hamilton To the People of the State of New York: A flourishing commerce is the nation’s most productive defeated repeatedly by government gluttony and source of wealth. Accordingly, it deserves intense inefficiency, and the economy’s inability to create wealth. discussion. By rewarding investment and hard work and This surprises no one acquainted with other countries. promoting circulation of currency, it energizes industry In Britain, where direct taxes on huge wealth should be and keeps it flowing abundantly. Every businessman more tolerable and government is vigorous in collecting aspires and expects to profit from his effort. Indeed, we them, most national revenue comes from indirect taxes: now know the shared interests of agriculture and domestic imposts and import duties. commerce have erased their old rivalries. History shows, ———————————————————————— as commerce prospers, land values rise because, when businessmen add value to earth products, farming The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the creates new wealth. Nothing works harder than enterprise several States within the time agreed upon by the United to optimize the value of labor and industry. Still, some States in Congress assembled. men argue against this obvious truth. Article VIII of the Articles of Confederation Tax rates should conform to the volume and circulation The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide velocity of wealth in the economy. Commerce contributes for the common defense and general welfare of the United to both volume and velocity, making taxation easier. States; but all duties, imposts and excises shall be uniform The Emperor of Germany controls Europe’s best gold throughout the United States. and silver mines. Yet, with weak commerce, he collects Article I Section 8 (1) of the United States Constitution small revenues and must borrow from other nations. In America under the Articles of Confederation, direct ———————————————————————— national and State taxation is impracticable. It has been America obviously must depend on them as well. But with difficulty. Excises must come from a short, narrow list The Federalist Papers … In Other Words • Paraphrased by Marshall Overstedt • Page 16 © 1999 Marshall R. Overstedt