Complete Works. Hamilton Alexander
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of making creatures, and as the object of his ambition would be to prolong his power, it is probable that in case of war he would avail himself of the emergency to evade or refuse a degradation from his place. An Executive for life has not this motive for forgetting his fidelity, and will therefore be a safer depository of power. It will be objected, probably, that such an Executive will be an elective monarch, and will give birth to the tumults which characterize that form of government. I reply that “monarch” is an indefinite term. It marks not either the degree or duration of power. If this executive magistrate would be a monarch for life, the other proposed by the Report from the Committee of the Whole would be a monarch for seven years. The circumstance of being elective was also applicable to both. It had been observed by judicious writers, that elective monarchies would be the best if they could be guarded against the tumults excited by the ambition and intrigues of competitors. I am not sure that tumults are an inseparable evil. I think this character of elective monarchies has been taken rather from particular cases than from general principles. The election of Roman emperors was made by the army. In Poland the election is made by great rival princes, with independent power, and ample means of raising commotions. In the German empire the appointment is made by the electors and princes, who have equal motives and means for exciting cabals and parties. Might not such a mode of election be devised among ourselves as will defend the community against these effects in any dangerous degree?
Having made these observations, I will read to the committee a sketch of a plan which I should prefer to either of those under consideration. I am aware that it goes beyond the ideas of most members. But will such a plan be adopted out of doors? In return I would ask, Will the people adopt the other plan? At present they will adopt neither. But I see the Union dissolving, or already dissolved. I see evils operating in the States which must soon cure the people of their fondness for democracies. I see that a great progress has been already made, and is still going on, in the public mind. I think, therefore, that the people will in time be unshackled from their prejudices; and whenever that happens, they will themselves not be satisfied at stopping where the plan of Mr. Randolph would place them, but be ready to go as far at least as he proposes. I do not mean to offer the paper I have sketched as a proposition to the committee. It is meant only to give a more correct view of my ideas, and to suggest the amendments which I should propose to the plan of Mr. Randolph, in the proper stages of its future discussion. [Col. Hamilton then read his sketch, which has already been given in the preceding propositions and plan.]—Madison Papers.
Monday, June 18th, Col. Hamilton said:
To deliver my sentiments on so important a subject, when the first characters in the Union have gone before me, inspires me with the greatest diffidence, especially when my own ideas are so materially dissimilar to the plans now before the committee. My situation is disagreeable, but it would be criminal not to come forward on a question of such magnitude. I have well considered the subject, and am convinced that no amendment of the Confederation can answer the purpose of a good government, so long as State sovereignties do, in any shape, exist; and I have great doubts whether a national government, on the Virginia plan, can be made effectual. What is federal? An association of several independent states as one. How or in what manner this association is formed is not so clearly distinguishable. We find the Diet of Germany has, in some instances, the power of legislation on individuals. We find the United States of America have it, in an extensive degree, in the cases of piracies. Let us now review the powers with which we are invested. We are appointed for the sole and express purpose of revising the Confederation, and to alter or amend it so as to render it effectual for the purposes of a good government. Those who suppose it must be federal lay great stress on the terms sole and express, as if these words intended a confinement to a federal government; when the manifest import is no more than that the institution of a good government must be the sole and express object of your deliberations. Nor can we suppose an annihilation of our powers by forming a national government, as many of the States have made, in their constitutions, no provisions for any alteration; and thus much I can say for the State I have the honor to represent, that, when our credentials were under consideration in the Senate, some members were for inserting a restriction in the powers, to prevent an encroachment on the constitution. It was answered by others; and thereupon the resolve carried on the credentials that it might abridge some of the constitutional powers of the State, and that, possibly, in the formation of a new Union, it would be found necessary. This appears reasonable, and therefore leaves us at liberty to form such a national government as we think best adapted for the good of the whole. I have, therefore, no difficulty as to the extent of our powers, nor do I feel myself restrained in the exercise of my judgment under them. We can only propose and recommend; the power of ratifying or rejecting is still in the States. But on this great question I am still greatly embarrassed. I have before observed my apprehension of the inefficacy of either plan; and I have great doubts whether a more energetic government can pervade this wide and extensive country. I shall now show that both plans are materially defective.
1 good government ought to be constant, and ought to contain an active principle.
2 Utility and necessity.
3 An habitual sense of obligation.
4 Force.
5 Influence.
I hold it that different societies have all different views and interests to pursue, and always prefer local to general concerns. For example: New York Legislature made an external compliance lately to a requisition of Congress; but do they not, at the same time, counteract their compliance by gratifying the local objects of the State, so as to defeat their concession? And this will ever be the case. Men always love power, and States will prefer their particular concerns to the general welfare; and as States become larger and important, will they not be less attentive to the general government? What, in process of time, will Virginia be? She contains now half a million of inhabitants; in twenty-five years she will double the number. Feeling her own weight and importance, must she not become indifferent to the concerns of the Union? And where, in such a situation, will be found national attachment to the general government? By “force” I mean the coercion of law and the coercion of arms. Will this remark apply to the power intended to be vested in the government to be instituted by either plan? A delinquent must be compelled to obedience by force of arms. How is this to be done? If you are unsuccessful, a dissolution of your government must be the consequence; and in that case the individual Legislatures will reassume their powers; nay, will not the interests of the States be thrown into the State governments? By influence I mean the regular weight and support it will receive from those who will find it their interest to support a government intended to preserve the peace and happiness of the community of the whole. The State governments, by either plan, will exert the means to counteract it. They have their State judges and militia all combined to support their State interests; and these will be influenced to oppose a national government. Either plan is therefore precarious. The national government cannot long exist when opposed by such a weighty rival. The experience of ancient and modern confederacies evinces this point, and throws considerable light on the subject. The Amphictyonic Council of Greece had a right to require of its members troops, money, and the force of the country. Were they obeyed in the exercise of these powers? Could they preserve the peace of the greater states and republics? Or where were they obeyed? History shows that their decrees were disregarded, and that the stronger states, regardless of their power, gave law to the lesser. Let us examine the federal institution of Germany. It was instituted upon the laudable principle of securing the independency of the several states of which it was composed, and to protect them against foreign invasion. Has it answered these good intentions? Do we not see that their councils are weak and distracted, and that it cannot prevent the wars and confusions which the respective electors carry on against each other? The Swiss cantons, or the Helvetic union, are equally inefficient. Such are the lessons which the experience of others affords us, and from whence results the evident conclusion that all federal governments are weak and distracted. To avoid the evils deducible from these observations, we must establish a general and national government, completely sovereign, and annihilate the State distinctions and State operations; and, unless we do this, no good purpose can be answered. What does the Jersey plan propose? It surely has not this for an object. By this we grant the regulation of trade and a more effectual collection of revenue and some partial duties. These at five or ten