The Federalist Papers
Alexander Hamilton
86 chapters
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86 chapters
THE FEDERALIST PAPERS
THE FEDERALIST PAPERS
CONTENTS FEDERALIST No. 1. General Introduction FEDERALIST No. 2. Concerning Dangers from Foreign Force and Influence FEDERALIST No. 3. The Same Subject Continued (Concerning Dangers From Foreign Force and Influence) FEDERALIST No. 4. The Same Subject Continued (Concerning Dangers From Foreign Force and Influence) FEDERALIST No. 5. The Same Subject Continued (Concerning Dangers From Foreign Force and Influence) FEDERALIST No. 6. Concerning Dangers from Dissensions Between the States FEDERALIST N
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For the Independent Journal. Saturday, October 27, 1787
For the Independent Journal. Saturday, October 27, 1787
HAMILTON To the People of the State of New York: AFTER an unequivocal experience of the inefficacy of the subsisting federal government, you are called upon to deliberate on a new Constitution for the United States of America. The subject speaks its own importance; comprehending in its consequences nothing less than the existence of the UNION, the safety and welfare of the parts of which it is composed, the fate of an empire in many respects the most interesting in the world. It has been frequen
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For the Independent Journal. Wednesday, October 31, 1787
For the Independent Journal. Wednesday, October 31, 1787
JAY To the People of the State of New York: WHEN the people of America reflect that they are now called upon to decide a question, which, in its consequences, must prove one of the most important that ever engaged their attention, the propriety of their taking a very comprehensive, as well as a very serious, view of it, will be evident. Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must
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For the Independent Journal. Saturday, November 3, 1787
For the Independent Journal. Saturday, November 3, 1787
JAY To the People of the State of New York: IT IS not a new observation that the people of any country (if, like the Americans, intelligent and wellinformed) seldom adopt and steadily persevere for many years in an erroneous opinion respecting their interests. That consideration naturally tends to create great respect for the high opinion which the people of America have so long and uniformly entertained of the importance of their continuing firmly united under one federal government, vested wit
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For the Independent Journal. Wednesday, November 7, 1787
For the Independent Journal. Wednesday, November 7, 1787
JAY To the People of the State of New York: MY LAST paper assigned several reasons why the safety of the people would be best secured by union against the danger it may be exposed to by JUST causes of war given to other nations; and those reasons show that such causes would not only be more rarely given, but would also be more easily accommodated, by a national government than either by the State governments or the proposed little confederacies. But the safety of the people of America against da
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For the Independent Journal. Saturday, November 10, 1787
For the Independent Journal. Saturday, November 10, 1787
JAY To the People of the State of New York: QUEEN ANNE, in her letter of the 1st July, 1706, to the Scotch Parliament, makes some observations on the importance of the UNION then forming between England and Scotland, which merit our attention. I shall present the public with one or two extracts from it: "An entire and perfect union will be the solid foundation of lasting peace: It will secure your religion, liberty, and property; remove the animosities amongst yourselves, and the jealousies and
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For the Independent Journal. Wednesday, November 14, 1787
For the Independent Journal. Wednesday, November 14, 1787
HAMILTON To the People of the State of New York: THE three last numbers of this paper have been dedicated to an enumeration of the dangers to which we should be exposed, in a state of disunion, from the arms and arts of foreign nations. I shall now proceed to delineate dangers of a different and, perhaps, still more alarming kind—those which will in all probability flow from dissensions between the States themselves, and from domestic factions and convulsions. These have been already in some ins
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For the Independent Journal. Thursday, November 15, 1787
For the Independent Journal. Thursday, November 15, 1787
HAMILTON To the People of the State of New York: IT IS sometimes asked, with an air of seeming triumph, what inducements could the States have, if disunited, to make war upon each other? It would be a full answer to this question to say—precisely the same inducements which have, at different times, deluged in blood all the nations in the world. But, unfortunately for us, the question admits of a more particular answer. There are causes of differences within our immediate contemplation, of the te
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From the New York Packet. Tuesday, November 20, 1787.
From the New York Packet. Tuesday, November 20, 1787.
HAMILTON To the People of the State of New York: ASSUMING it therefore as an established truth that the several States, in case of disunion, or such combinations of them as might happen to be formed out of the wreck of the general Confederacy, would be subject to those vicissitudes of peace and war, of friendship and enmity, with each other, which have fallen to the lot of all neighboring nations not united under one government, let us enter into a concise detail of some of the consequences that
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For the Independent Journal. Wednesday, November 21, 1787
For the Independent Journal. Wednesday, November 21, 1787
HAMILTON To the People of the State of New York: A FIRM Union will be of the utmost moment to the peace and liberty of the States, as a barrier against domestic faction and insurrection. It is impossible to read the history of the petty republics of Greece and Italy without feeling sensations of horror and disgust at the distractions with which they were continually agitated, and at the rapid succession of revolutions by which they were kept in a state of perpetual vibration between the extremes
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From the Daily Advertiser. Thursday, November 22, 1787.
From the Daily Advertiser. Thursday, November 22, 1787.
MADISON To the People of the State of New York: AMONG the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their character and fate, as when he contemplates their propensity to this dangerous vice. He will not fail, therefore, to set a due value on any plan which, without violating the principles to which
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For the Independent Journal. Saturday, November 24, 1787
For the Independent Journal. Saturday, November 24, 1787
HAMILTON To the People of the State of New York: THE importance of the Union, in a commercial light, is one of those points about which there is least room to entertain a difference of opinion, and which has, in fact, commanded the most general assent of men who have any acquaintance with the subject. This applies as well to our intercourse with foreign countries as with each other. There are appearances to authorize a supposition that the adventurous spirit, which distinguishes the commercial c
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From the New York Packet. Tuesday, November 27, 1787.
From the New York Packet. Tuesday, November 27, 1787.
HAMILTON To the People of the State of New York: THE effects of Union upon the commercial prosperity of the States have been sufficiently delineated. Its tendency to promote the interests of revenue will be the subject of our present inquiry. The prosperity of commerce is now perceived and acknowledged by all enlightened statesmen to be the most useful as well as the most productive source of national wealth, and has accordingly become a primary object of their political cares. By multiplying th
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For the Independent Journal. Wednesday, November 28, 1787
For the Independent Journal. Wednesday, November 28, 1787
HAMILTON To the People of the State of New York: As CONNECTED with the subject of revenue, we may with propriety consider that of economy. The money saved from one object may be usefully applied to another, and there will be so much the less to be drawn from the pockets of the people. If the States are united under one government, there will be but one national civil list to support; if they are divided into several confederacies, there will be as many different national civil lists to be provid
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From the New York Packet. Friday, November 30, 1787.
From the New York Packet. Friday, November 30, 1787.
MADISON WE HAVE seen the necessity of the Union, as our bulwark against foreign danger, as the conservator of peace among ourselves, as the guardian of our commerce and other common interests, as the only substitute for those military establishments which have subverted the liberties of the Old World, and as the proper antidote for the diseases of faction, which have proved fatal to other popular governments, and of which alarming symptoms have been betrayed by our own. All that remains, within
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For the Independent Journal. Saturday, December 1, 1787
For the Independent Journal. Saturday, December 1, 1787
HAMILTON To the People of the State of New York. IN THE course of the preceding papers, I have endeavored, my fellow citizens, to place before you, in a clear and convincing light, the importance of Union to your political safety and happiness. I have unfolded to you a complication of dangers to which you would be exposed, should you permit that sacred knot which binds the people of America together be severed or dissolved by ambition or by avarice, by jealousy or by misrepresentation. In the se
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From the New York Packet. Tuesday, December 4, 1787.
From the New York Packet. Tuesday, December 4, 1787.
HAMILTON To the People of the State of New York: THE tendency of the principle of legislation for States, or communities, in their political capacities, as it has been exemplified by the experiment we have made of it, is equally attested by the events which have befallen all other governments of the confederate kind, of which we have any account, in exact proportion to its prevalence in those systems. The confirmations of this fact will be worthy of a distinct and particular examination. I shall
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For the Independent Journal. Wednesday, December 5, 1787
For the Independent Journal. Wednesday, December 5, 1787
HAMILTON To the People of the State of New York: AN OBJECTION, of a nature different from that which has been stated and answered, in my last address, may perhaps be likewise urged against the principle of legislation for the individual citizens of America. It may be said that it would tend to render the government of the Union too powerful, and to enable it to absorb those residuary authorities, which it might be judged proper to leave with the States for local purposes. Allowing the utmost lat
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For the New York Packet. Friday, December 7, 1787
For the New York Packet. Friday, December 7, 1787
MADISON, with HAMILTON To the People of the State of New York: AMONG the confederacies of antiquity, the most considerable was that of the Grecian republics, associated under the Amphictyonic council. From the best accounts transmitted of this celebrated institution, it bore a very instructive analogy to the present Confederation of the American States. The members retained the character of independent and sovereign states, and had equal votes in the federal council. This council had a general a
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For the Independent Journal. Saturday, December 8, 1787
For the Independent Journal. Saturday, December 8, 1787
MADISON, with HAMILTON To the People of the State of New York: THE examples of ancient confederacies, cited in my last paper, have not exhausted the source of experimental instruction on this subject. There are existing institutions, founded on a similar principle, which merit particular consideration. The first which presents itself is the Germanic body. In the early ages of Christianity, Germany was occupied by seven distinct nations, who had no common chief. The Franks, one of the number, hav
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From the New York Packet. Tuesday, December 11, 1787.
From the New York Packet. Tuesday, December 11, 1787.
MADISON, with HAMILTON To the People of the State of New York: THE United Netherlands are a confederacy of republics, or rather of aristocracies of a very remarkable texture, yet confirming all the lessons derived from those which we have already reviewed. The union is composed of seven coequal and sovereign states, and each state or province is a composition of equal and independent cities. In all important cases, not only the provinces but the cities must be unanimous. The sovereignty of the U
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For the Independent Journal. Wednesday, December 12, 1787
For the Independent Journal. Wednesday, December 12, 1787
HAMILTON To the People of the State of New York: HAVING in the three last numbers taken a summary review of the principal circumstances and events which have depicted the genius and fate of other confederate governments, I shall now proceed in the enumeration of the most important of those defects which have hitherto disappointed our hopes from the system established among ourselves. To form a safe and satisfactory judgment of the proper remedy, it is absolutely necessary that we should be well
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From the New York Packet. Friday, December 14, 1787.
From the New York Packet. Friday, December 14, 1787.
HAMILTON To the People of the State of New York: IN ADDITION to the defects already enumerated in the existing federal system, there are others of not less importance, which concur in rendering it altogether unfit for the administration of the affairs of the Union. The want of a power to regulate commerce is by all parties allowed to be of the number. The utility of such a power has been anticipated under the first head of our inquiries; and for this reason, as well as from the universal convict
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From the New York Packet. Tuesday, December 18, 1787.
From the New York Packet. Tuesday, December 18, 1787.
HAMILTON To the People of the State of New York: THE necessity of a Constitution, at least equally energetic with the one proposed, to the preservation of the Union, is the point at the examination of which we are now arrived. This inquiry will naturally divide itself into three branches—the objects to be provided for by the federal government, the quantity of power necessary to the accomplishment of those objects, the persons upon whom that power ought to operate. Its distribution and organizat
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For the Independent Journal. Wednesday, December 19, 1787
For the Independent Journal. Wednesday, December 19, 1787
HAMILTON To the People of the State of New York: TO THE powers proposed to be conferred upon the federal government, in respect to the creation and direction of the national forces, I have met with but one specific objection, which, if I understand it right, is this, that proper provision has not been made against the existence of standing armies in time of peace; an objection which, I shall now endeavor to show, rests on weak and unsubstantial foundations. It has indeed been brought forward in
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From the New York Packet. Friday, December 21, 1787.
From the New York Packet. Friday, December 21, 1787.
HAMILTON To the People of the State of New York: IT MAY perhaps be urged that the objects enumerated in the preceding number ought to be provided for by the State governments, under the direction of the Union. But this would be, in reality, an inversion of the primary principle of our political association, as it would in practice transfer the care of the common defense from the federal head to the individual members: a project oppressive to some States, dangerous to all, and baneful to the Conf
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For the Independent Journal. Saturday, December 22, 1788
For the Independent Journal. Saturday, December 22, 1788
HAMILTON To the People of the State of New York: IT WAS a thing hardly to be expected that in a popular revolution the minds of men should stop at that happy mean which marks the salutary boundary between POWER and PRIVILEGE, and combines the energy of government with the security of private rights. A failure in this delicate and important point is the great source of the inconveniences we experience, and if we are not cautious to avoid a repetition of the error, in our future attempts to rectif
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From the New York Packet. Tuesday, December 25, 1787.
From the New York Packet. Tuesday, December 25, 1787.
HAMILTON To the People of the State of New York: IT HAS been urged, in different shapes, that a Constitution of the kind proposed by the convention cannot operate without the aid of a military force to execute its laws. This, however, like most other things that have been alleged on that side, rests on mere general assertion, unsupported by any precise or intelligible designation of the reasons upon which it is founded. As far as I have been able to divine the latent meaning of the objectors, it
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For the Independent Journal. Wednesday, December 26, 1787
For the Independent Journal. Wednesday, December 26, 1787
HAMILTON To the People of the State of New York: THAT there may happen cases in which the national government may be necessitated to resort to force, cannot be denied. Our own experience has corroborated the lessons taught by the examples of other nations; that emergencies of this sort will sometimes arise in all societies, however constituted; that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the id
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From the New York Packet. Wednesday, January 9, 1788
From the New York Packet. Wednesday, January 9, 1788
HAMILTON To the People of the State of New York: THE power of regulating the militia, and of commanding its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense, and of watching over the internal peace of the Confederacy. It requires no skill in the science of war to discern that uniformity in the organization and discipline of the militia would be attended with the most beneficial effects, whenever they were called into service
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From the New York Packet. Friday, December 28, 1787.
From the New York Packet. Friday, December 28, 1787.
HAMILTON To the People of the State of New York: IT HAS been already observed that the federal government ought to possess the power of providing for the support of the national forces; in which proposition was intended to be included the expense of raising troops, of building and equipping fleets, and all other expenses in any wise connected with military arrangements and operations. But these are not the only objects to which the jurisdiction of the Union, in respect to revenue, must necessari
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From the New York Packet. Tuesday, January 1, 1788.
From the New York Packet. Tuesday, January 1, 1788.
HAMILTON To the People of the State of New York: IN DISQUISITIONS of every kind, there are certain primary truths, or first principles, upon which all subsequent reasonings must depend. These contain an internal evidence which, antecedent to all reflection or combination, commands the assent of the mind. Where it produces not this effect, it must proceed either from some defect or disorder in the organs of perception, or from the influence of some strong interest, or passion, or prejudice. Of th
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From The Independent Journal. Wednesday, January 2, 1788.
From The Independent Journal. Wednesday, January 2, 1788.
HAMILTON To the People of the State of New York: ALTHOUGH I am of opinion that there would be no real danger of the consequences which seem to be apprehended to the State governments from a power in the Union to control them in the levies of money, because I am persuaded that the sense of the people, the extreme hazard of provoking the resentments of the State governments, and a conviction of the utility and necessity of local administrations for local purposes, would be a complete barrier again
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From The Independent Journal. Wednesday, January 2, 1788.
From The Independent Journal. Wednesday, January 2, 1788.
HAMILTON To the People of the State of New York: THE residue of the argument against the provisions of the Constitution in respect to taxation is ingrafted upon the following clause. The last clause of the eighth section of the first article of the plan under consideration authorizes the national legislature "to make all laws which shall be NECESSARY and PROPER for carrying into execution THE POWERS by that Constitution vested in the government of the United States, or in any department or offic
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From The Independent Journal. Saturday, January 5, 1788.
From The Independent Journal. Saturday, January 5, 1788.
HAMILTON To the People of the State of New York: I FLATTER myself it has been clearly shown in my last number that the particular States, under the proposed Constitution, would have COEQUAL authority with the Union in the article of revenue, except as to duties on imports. As this leaves open to the States far the greatest part of the resources of the community, there can be no color for the assertion that they would not possess means as abundant as could be desired for the supply of their own w
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For the Independent Journal. Saturday, January 5, 1788
For the Independent Journal. Saturday, January 5, 1788
HAMILTON To the People of the State of New York: BEFORE we proceed to examine any other objections to an indefinite power of taxation in the Union, I shall make one general remark; which is, that if the jurisdiction of the national government, in the article of revenue, should be restricted to particular objects, it would naturally occasion an undue proportion of the public burdens to fall upon those objects. Two evils would spring from this source: the oppression of particular branches of indus
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From the New York Packet. Tuesday, January 8, 1788.
From the New York Packet. Tuesday, January 8, 1788.
HAMILTON To the People of the State of New York: WE HAVE seen that the result of the observations, to which the foregoing number has been principally devoted, is, that from the natural operation of the different interests and views of the various classes of the community, whether the representation of the people be more or less numerous, it will consist almost entirely of proprietors of land, of merchants, and of members of the learned professions, who will truly represent all those different in
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From the Daily Advertiser. Friday, January 11, 1788.
From the Daily Advertiser. Friday, January 11, 1788.
MADISON To the People of the State of New York: IN REVIEWING the defects of the existing Confederation, and showing that they cannot be supplied by a government of less energy than that before the public, several of the most important principles of the latter fell of course under consideration. But as the ultimate object of these papers is to determine clearly and fully the merits of this Constitution, and the expediency of adopting it, our plan cannot be complete without taking a more critical
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From The Independent Journal. Saturday, January 12, 1788.
From The Independent Journal. Saturday, January 12, 1788.
MADISON To the People of the State of New York: IT IS not a little remarkable that in every case reported by ancient history, in which government has been established with deliberation and consent, the task of framing it has not been committed to an assembly of men, but has been performed by some individual citizen of preeminent wisdom and approved integrity. Minos, we learn, was the primitive founder of the government of Crete, as Zaleucus was of that of the Locrians. Theseus first, and after h
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For the Independent Journal. Wednesday, January 16, 1788
For the Independent Journal. Wednesday, January 16, 1788
MADISON To the People of the State of New York: THE last paper having concluded the observations which were meant to introduce a candid survey of the plan of government reported by the convention, we now proceed to the execution of that part of our undertaking. The first question that offers itself is, whether the general form and aspect of the government be strictly republican. It is evident that no other form would be reconcilable with the genius of the people of America; with the fundamental
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For the New York Packet. Friday, January 18, 1788.
For the New York Packet. Friday, January 18, 1788.
MADISON To the People of the State of New York: THE SECOND point to be examined is, whether the convention were authorized to frame and propose this mixed Constitution. The powers of the convention ought, in strictness, to be determined by an inspection of the commissions given to the members by their respective constituents. As all of these, however, had reference, either to the recommendation from the meeting at Annapolis, in September, 1786, or to that from Congress, in February, 1787, it wil
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For the Independent Journal. Saturday, January 19, 1788
For the Independent Journal. Saturday, January 19, 1788
MADISON To the People of the State of New York: THE Constitution proposed by the convention may be considered under two general points of view. The FIRST relates to the sum or quantity of power which it vests in the government, including the restraints imposed on the States. The SECOND, to the particular structure of the government, and the distribution of this power among its several branches. Under the FIRST view of the subject, two important questions arise: 1. Whether any part of the powers
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From the New York Packet. Tuesday, January 22, 1788.
From the New York Packet. Tuesday, January 22, 1788.
MADISON To the People of the State of New York: THE SECOND class of powers, lodged in the general government, consists of those which regulate the intercourse with foreign nations, to wit: to make treaties; to send and receive ambassadors, other public ministers, and consuls; to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; to regulate foreign commerce, including a power to prohibit, after the year 1808, the importation of slaves, an
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For the Independent Journal. Wednesday, January 23, 1788
For the Independent Journal. Wednesday, January 23, 1788
MADISON To the People of the State of New York: THE FOURTH class comprises the following miscellaneous powers: 1. A power "to promote the progress of science and useful arts, by securing, for a limited time, to authors and inventors, the exclusive right to their respective writings and discoveries." The utility of this power will scarcely be questioned. The copyright of authors has been solemnly adjudged, in Great Britain, to be a right of common law. The right to useful inventions seems with eq
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From the New York Packet. Friday, January 25, 1788.
From the New York Packet. Friday, January 25, 1788.
MADISON To the People of the State of New York: A FIFTH class of provisions in favor of the federal authority consists of the following restrictions on the authority of the several States: 1. "No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver a legal tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or gr
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Considered For the Independent Journal. Saturday, January 26, 1788
Considered For the Independent Journal. Saturday, January 26, 1788
MADISON To the People of the State of New York: HAVING shown that no one of the powers transferred to the federal government is unnecessary or improper, the next question to be considered is, whether the whole mass of them will be dangerous to the portion of authority left in the several States. The adversaries to the plan of the convention, instead of considering in the first place what degree of power was absolutely necessary for the purposes of the federal government, have exhausted themselve
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From the New York Packet. Tuesday, January 29, 1788.
From the New York Packet. Tuesday, January 29, 1788.
MADISON To the People of the State of New York: RESUMING the subject of the last paper, I proceed to inquire whether the federal government or the State governments will have the advantage with regard to the predilection and support of the people. Notwithstanding the different modes in which they are appointed, we must consider both of them as substantially dependent on the great body of the citizens of the United States. I assume this position here as it respects the first, reserving the proofs
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For the Independent Journal. Wednesday, January 30, 1788.
For the Independent Journal. Wednesday, January 30, 1788.
MADISON To the People of the State of New York: HAVING reviewed the general form of the proposed government and the general mass of power allotted to it, I proceed to examine the particular structure of this government, and the distribution of this mass of power among its constituent parts. One of the principal objections inculcated by the more respectable adversaries to the Constitution, is its supposed violation of the political maxim, that the legislative, executive, and judiciary departments
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From the New York Packet. Friday, February 1, 1788.
From the New York Packet. Friday, February 1, 1788.
MADISON To the People of the State of New York: IT WAS shown in the last paper that the political apothegm there examined does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other. I shall undertake, in the next place, to show that unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, c
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For the Independent Journal. Saturday, February 2, 1788.
For the Independent Journal. Saturday, February 2, 1788.
MADISON To the People of the State of New York: THE author of the "Notes on the State of Virginia," quoted in the last paper, has subjoined to that valuable work the draught of a constitution, which had been prepared in order to be laid before a convention, expected to be called in 1783, by the legislature, for the establishment of a constitution for that commonwealth. The plan, like every thing from the same pen, marks a turn of thinking, original, comprehensive, and accurate; and is the more w
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From the New York Packet. Tuesday, February 5, 1788.
From the New York Packet. Tuesday, February 5, 1788.
MADISON To the People of the State of New York: IT MAY be contended, perhaps, that instead of OCCASIONAL appeals to the people, which are liable to the objections urged against them, PERIODICAL appeals are the proper and adequate means of PREVENTING AND CORRECTING INFRACTIONS OF THE CONSTITUTION. It will be attended to, that in the examination of these expedients, I confine myself to their aptitude for ENFORCING the Constitution, by keeping the several departments of power within their due bound
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For the Independent Journal. Wednesday, February 6, 1788.
For the Independent Journal. Wednesday, February 6, 1788.
MADISON To the People of the State of New York: TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the Constitution? The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of
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From the New York Packet. Friday, February 8, 1788.
From the New York Packet. Friday, February 8, 1788.
MADISON To the People of the State of New York: FROM the more general inquiries pursued in the four last papers, I pass on to a more particular examination of the several parts of the government. I shall begin with the House of Representatives. The first view to be taken of this part of the government relates to the qualifications of the electors and the elected. Those of the former are to be the same with those of the electors of the most numerous branch of the State legislatures. The definitio
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For the Independent Journal. Saturday, February 9, 1788.
For the Independent Journal. Saturday, February 9, 1788.
MADISON To the People of the State of New York: I SHALL here, perhaps, be reminded of a current observation, "that where annual elections end, tyranny begins." If it be true, as has often been remarked, that sayings which become proverbial are generally founded in reason, it is not less true, that when once established, they are often applied to cases to which the reason of them does not extend. I need not look for a proof beyond the case before us. What is the reason on which this proverbial ob
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From the New York Packet. Tuesday, February 12, 1788.
From the New York Packet. Tuesday, February 12, 1788.
MADISON To the People of the State of New York: THE next view which I shall take of the House of Representatives relates to the appointment of its members to the several States which is to be determined by the same rule with that of direct taxes. It is not contended that the number of people in each State ought not to be the standard for regulating the proportion of those who are to represent the people of each State. The establishment of the same rule for the appointment of taxes, will probably
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For the Independent Journal. Wednesday, February 13, 1788.
For the Independent Journal. Wednesday, February 13, 1788.
MADISON To the People of the State of New York: THE number of which the House of Representatives is to consist, forms another and a very interesting point of view, under which this branch of the federal legislature may be contemplated. Scarce any article, indeed, in the whole Constitution seems to be rendered more worthy of attention, by the weight of character and the apparent force of argument with which it has been assailed. The charges exhibited against it are, first, that so small a number
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For the Independent Journal. Saturday, February 16, 1788.
For the Independent Journal. Saturday, February 16, 1788.
MADISON To the People of the State of New York: THE SECOND charge against the House of Representatives is, that it will be too small to possess a due knowledge of the interests of its constituents. As this objection evidently proceeds from a comparison of the proposed number of representatives with the great extent of the United States, the number of their inhabitants, and the diversity of their interests, without taking into view at the same time the circumstances which will distinguish the Con
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From the New York Packet. Tuesday, February 19, 1788.
From the New York Packet. Tuesday, February 19, 1788.
MADISON To the People of the State of New York: THE THIRD charge against the House of Representatives is, that it will be taken from that class of citizens which will have least sympathy with the mass of the people, and be most likely to aim at an ambitious sacrifice of the many to the aggrandizement of the few. Of all the objections which have been framed against the federal Constitution, this is perhaps the most extraordinary. Whilst the objection itself is levelled against a pretended oligarc
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Considered For the Independent Journal Wednesday, February 20, 1788.
Considered For the Independent Journal Wednesday, February 20, 1788.
MADISON To the People of the State of New York: THE remaining charge against the House of Representatives, which I am to examine, is grounded on a supposition that the number of members will not be augmented from time to time, as the progress of population may demand. It has been admitted, that this objection, if well supported, would have great weight. The following observations will show that, like most other objections against the Constitution, it can only proceed from a partial view of the s
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From the New York Packet. Friday, February 22, 1788.
From the New York Packet. Friday, February 22, 1788.
HAMILTON To the People of the State of New York: THE natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes the national legislature to regulate, in the last resort, the election of its own members. It is in these words: "The TIMES, PLACES, and MANNER of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof; but the Congress may, at any time, by law, make or alter SUCH REGULAT
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From The Independent Journal. Saturday, February 23, 1788.
From The Independent Journal. Saturday, February 23, 1788.
HAMILTON To the People of the State of New York: WE HAVE seen, that an uncontrollable power over the elections to the federal government could not, without hazard, be committed to the State legislatures. Let us now see, what would be the danger on the other side; that is, from confiding the ultimate right of regulating its own elections to the Union itself. It is not pretended, that this right would ever be used for the exclusion of any State from its share in the representation. The interest of
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From the New York Packet. Tuesday, February 26, 1788.
From the New York Packet. Tuesday, February 26, 1788.
HAMILTON To the People of the State of New York: THE more candid opposers of the provision respecting elections, contained in the plan of the convention, when pressed in argument, will sometimes concede the propriety of that provision; with this qualification, however, that it ought to have been accompanied with a declaration, that all elections should be had in the counties where the electors resided. This, say they, was a necessary precaution against an abuse of the power. A declaration of thi
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For the Independent Journal. Wednesday, February 27, 1788
For the Independent Journal. Wednesday, February 27, 1788
MADISON To the People of the State of New York: HAVING examined the constitution of the House of Representatives, and answered such of the objections against it as seemed to merit notice, I enter next on the examination of the Senate. The heads into which this member of the government may be considered are: I. The qualification of senators; II. The appointment of them by the State legislatures; III. The equality of representation in the Senate; IV. The number of senators, and the term for which
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For the Independent Journal. Saturday, March 1, 1788
For the Independent Journal. Saturday, March 1, 1788
MADISON To the People of the State of New York: A FIFTH desideratum, illustrating the utility of a senate, is the want of a due sense of national character. Without a select and stable member of the government, the esteem of foreign powers will not only be forfeited by an unenlightened and variable policy, proceeding from the causes already mentioned, but the national councils will not possess that sensibility to the opinion of the world, which is perhaps not less necessary in order to merit, th
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From The Independent Journal. Wednesday, March 5, 1788.
From The Independent Journal. Wednesday, March 5, 1788.
JAY To the People of the State of New York: IT IS a just and not a new observation, that enemies to particular persons, and opponents to particular measures, seldom confine their censures to such things only in either as are worthy of blame. Unless on this principle, it is difficult to explain the motives of their conduct, who condemn the proposed Constitution in the aggregate, and treat with severity some of the most unexceptionable articles in it. The second section gives power to the Presiden
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From the New York Packet. Friday, March 7, 1788.
From the New York Packet. Friday, March 7, 1788.
HAMILTON To the People of the State of New York: THE remaining powers which the plan of the convention allots to the Senate, in a distinct capacity, are comprised in their participation with the executive in the appointment to offices, and in their judicial character as a court for the trial of impeachments. As in the business of appointments the executive will be the principal agent, the provisions relating to it will most properly be discussed in the examination of that department. We will, th
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From The Independent Journal. Saturday, March 8, 1788.
From The Independent Journal. Saturday, March 8, 1788.
HAMILTON To the People of the State of New York: A REVIEW of the principal objections that have appeared against the proposed court for the trial of impeachments, will not improbably eradicate the remains of any unfavorable impressions which may still exist in regard to this matter. The FIRST of these objections is, that the provision in question confounds legislative and judiciary authorities in the same body, in violation of that important and well-established maxim which requires a separation
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From the New York Packet. Tuesday, March 11, 1788.
From the New York Packet. Tuesday, March 11, 1788.
HAMILTON To the People of the State of New York: THE constitution of the executive department of the proposed government, claims next our attention. There is hardly any part of the system which could have been attended with greater difficulty in the arrangement of it than this; and there is, perhaps, none which has been inveighed against with less candor or criticised with less judgment. Here the writers against the Constitution seem to have taken pains to signalize their talent of misrepresenta
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From The Independent Journal. Wednesday, March 12, 1788.
From The Independent Journal. Wednesday, March 12, 1788.
HAMILTON To the People of the State of New York: THE mode of appointment of the Chief Magistrate of the United States is almost the only part of the system, of any consequence, which has escaped without severe censure, or which has received the slightest mark of approbation from its opponents. The most plausible of these, who has appeared in print, has even deigned to admit that the election of the President is pretty well guarded.(1) I venture somewhat further, and hesitate not to affirm, that
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From the New York Packet. Friday, March 14, 1788.
From the New York Packet. Friday, March 14, 1788.
HAMILTON To the People of the State of New York: I PROCEED now to trace the real characters of the proposed Executive, as they are marked out in the plan of the convention. This will serve to place in a strong light the unfairness of the representations which have been made in regard to it. The first thing which strikes our attention is, that the executive authority, with few exceptions, is to be vested in a single magistrate. This will scarcely, however, be considered as a point upon which any
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From The Independent Journal. Saturday, March 15, 1788.
From The Independent Journal. Saturday, March 15, 1788.
HAMILTON To the People of the State of New York: THERE is an idea, which is not without its advocates, that a vigorous Executive is inconsistent with the genius of republican government. The enlightened well-wishers to this species of government must at least hope that the supposition is destitute of foundation; since they can never admit its truth, without at the same time admitting the condemnation of their own principles. Energy in the Executive is a leading character in the definition of goo
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From the New York Packet. Tuesday, March 18, 1788.
From the New York Packet. Tuesday, March 18, 1788.
HAMILTON To the People of the State of New York: DURATION in office has been mentioned as the second requisite to the energy of the Executive authority. This has relation to two objects: to the personal firmness of the executive magistrate, in the employment of his constitutional powers; and to the stability of the system of administration which may have been adopted under his auspices. With regard to the first, it must be evident, that the longer the duration in office, the greater will be the
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From The Independent Journal. Wednesday, March 19, 1788.
From The Independent Journal. Wednesday, March 19, 1788.
HAMILTON To the People of the State of New York: THE administration of government, in its largest sense, comprehends all the operations of the body politic, whether legislative, executive, or judiciary; but in its most usual, and perhaps its most precise signification. it is limited to executive details, and falls peculiarly within the province of the executive department. The actual conduct of foreign negotiations, the preparatory plans of finance, the application and disbursement of the public
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From the New York Packet. Friday, March 21, 1788.
From the New York Packet. Friday, March 21, 1788.
HAMILTON To the People of the State of New York: THE third ingredient towards constituting the vigor of the executive authority, is an adequate provision for its support. It is evident that, without proper attention to this article, the separation of the executive from the legislative department would be merely nominal and nugatory. The legislature, with a discretionary power over the salary and emoluments of the Chief Magistrate, could render him as obsequious to their will as they might think
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From the New York Packet. Tuesday, March 25, 1788.
From the New York Packet. Tuesday, March 25, 1788.
HAMILTON To the People of the State of New York: THE President of the United States is to be "commander-in-chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States." The propriety of this provision is so evident in itself, and it is, at the same time, so consonant to the precedents of the State constitutions in general, that little need be said to explain or enforce it. Even those of them which have, in oth
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For the Independent Journal. Wednesday, March 26, 1788
For the Independent Journal. Wednesday, March 26, 1788
THE President is to have power, "by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur." Though this provision has been assailed, on different grounds, with no small degree of vehemence, I scruple not to declare my firm persuasion, that it is one of the best digested and most unexceptionable parts of the plan. One ground of objection is the trite topic of the intermixture of powers; some contending that the President ought alone to
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From the New York Packet. Tuesday, April 1, 1788.
From the New York Packet. Tuesday, April 1, 1788.
HAMILTON To the People of the State of New York: THE President is "to nominate, and, by and with the advice and consent of the Senate, to appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not otherwise provided for in the Constitution. But the Congress may by law vest the appointment of such inferior officers as they think proper, in the President alone, or in the courts of law, or in the heads
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From The Independent Journal. Wednesday, April 2, 1788.
From The Independent Journal. Wednesday, April 2, 1788.
HAMILTON To the People of the State of New York: IT HAS been mentioned as one of the advantages to be expected from the co-operation of the Senate, in the business of appointments, that it would contribute to the stability of the administration. The consent of that body would be necessary to displace as well as to appoint. A change of the Chief Magistrate, therefore, would not occasion so violent or so general a revolution in the officers of the government as might be expected, if he were the so
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From McLEAN'S Edition, New York. Wednesday, May 28, 1788
From McLEAN'S Edition, New York. Wednesday, May 28, 1788
HAMILTON To the People of the State of New York: WE PROCEED now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapitulate the considerations there urged, as the propriety of the institution in the abstract is not disputed; the only questions which have been raised being relative to the manner of constitut
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From MCLEAN's Edition, New York. Wednesday, May 28, 1788
From MCLEAN's Edition, New York. Wednesday, May 28, 1788
HAMILTON To the People of the State of New York: NEXT to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support. The remark made in relation to the President is equally applicable here. In the general course of human nature, a power over a man's subsistence amounts to a power over his will. And we can never hope to see realized in practice, the complete separation of the judicial from the legislative power, in any system which
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From McLEAN's Edition, New York. Wednesday, May 28, 1788.
From McLEAN's Edition, New York. Wednesday, May 28, 1788.
HAMILTON To the People of the State of New York: TO JUDGE with accuracy of the proper extent of the federal judicature, it will be necessary to consider, in the first place, what are its proper objects. It seems scarcely to admit of controversy, that the judiciary authority of the Union ought to extend to these several descriptions of cases: 1st, to all those which arise out of the laws of the United States, passed in pursuance of their just and constitutional powers of legislation; 2d, to all t
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From McLEAN's Edition, New York. Wednesday, May 28, 1788.
From McLEAN's Edition, New York. Wednesday, May 28, 1788.
HAMILTON To the People of the State of New York: LET US now return to the partition of the judiciary authority between different courts, and their relations to each other. "The judicial power of the United States is" (by the plan of the convention) "to be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish."(1) That there ought to be one court of supreme and final jurisdiction, is a proposition which is not likely to be contested.
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From McLEAN's Edition, New York. Wednesday, May 28, 1788
From McLEAN's Edition, New York. Wednesday, May 28, 1788
HAMILTON To the People of the State of New York: THE erection of a new government, whatever care or wisdom may distinguish the work, cannot fail to originate questions of intricacy and nicety; and these may, in a particular manner, be expected to flow from the establishment of a constitution founded upon the total or partial incorporation of a number of distinct sovereignties. 'Tis time only that can mature and perfect so compound a system, can liquidate the meaning of all the parts, and can adj
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From MCLEAN's Edition, New York. Wednesday, May 28, 1788
From MCLEAN's Edition, New York. Wednesday, May 28, 1788
HAMILTON To the People of the State of New York: THE objection to the plan of the convention, which has met with most success in this State, and perhaps in several of the other States, is that relative to the want of a constitutional provision for the trial by jury in civil cases. The disingenuous form in which this objection is usually stated has been repeatedly adverted to and exposed, but continues to be pursued in all the conversations and writings of the opponents of the plan. The mere sile
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From McLEAN's Edition, New York. Wednesday, May 28, 1788
From McLEAN's Edition, New York. Wednesday, May 28, 1788
HAMILTON To the People of the State of New York: IN THE course of the foregoing review of the Constitution, I have taken notice of, and endeavored to answer most of the objections which have appeared against it. There, however, remain a few which either did not fall naturally under any particular head or were forgotten in their proper places. These shall now be discussed; but as the subject has been drawn into great length, I shall so far consult brevity as to comprise all my observations on the
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From MCLEAN's Edition, New York. Wednesday, May 28, 1788
From MCLEAN's Edition, New York. Wednesday, May 28, 1788
HAMILTON To the People of the State of New York: ACCORDING to the formal division of the subject of these papers, announced in my first number, there would appear still to remain for discussion two points: "the analogy of the proposed government to your own State constitution," and "the additional security which its adoption will afford to republican government, to liberty, and to property." But these heads have been so fully anticipated and exhausted in the progress of the work, that it would n
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