Introduction
It is evident that among the subjects antagonistic to “the new system,” which had arrested the attention of Colonel Hamilton at an early day, had been the two series of essays, over the signatures of “Cato” and “Brutus” respectively, to which reference has been made; and that he had promptly determined on measures which, he supposed, would counteract the bad effects which those essays were so well calculated to produce, among the people of the State of New York, to whom they had been specifically addressed.
Without any unnecessary waste of time, he appears to have taken a rapid survey of the general subject, and of the peculiar plan of operations—developed in the earlier numbers of their essays—which the able leaders of the States’-Rights, or anti-constitutional party in New York had adopted, in their well-digested opposition to “the new system,” and he resolved to employ the same potential agency which they had employed—the newspaper press—and, if possible, the same sheets, for the dissemination of sentiments which, he hoped, would counteract the arguments of his opponents, and lead the people of the State of New York to accede to the proposed Constitution. It is evident, also, that, with that tact which formed so prominent a trait of his character, Colonel Hamilton resolved, in view of the sturdy attachment of the inhabitants of New York to the Confederated Union of the Thirteen United States which then existed, to avoid the charge which had been brought against the friends of the proposed Constitution, of a latent desire to dissolve that Union and to consolidate the thirteen peoples of which it was constituted into one nation, under a single government, by a bold and unequivocal defence of that Union, per se, and by a countercharge on his opponents, of the existence among them of a secret purpose to dissolve that Union, and to establish in its stead two or more “petty confederacies.” It is evident, also, that he resolved to appeal to the cupidity of the commercial classes—with whose well-known tendency to conservatism, at all times, he was well acquainted—by assuming that the immediate adoption of the proposed Constitution, without amendment, by the State of New York, was necessary in order to preserve the Union from disruption, and the State from anarchy, if not from dismemberment and annihilation; that a peremptory rejection of it by the State of New York, or a prolonged delay in ratifying it, which would be necessary if a previous revision of the instrument should be demanded by that state, would be productive of the most serious evils, both to the State and to the Union; and that the derangement of the Federal finances was the legitimate result of a radical defect in the Articles of Confederation; while the apparent stagnation of trade—the necessary consequence of an oversupply of goods and of an undue proportion of vendors when compared with the aggregate of the population—by being magnified to such an extent, and presented in such a manner, as to make them appear as the necessary results of a defective form of Government, he hoped, might also afford him great assistance as an introduction both to his projected condemnation of the existing Federal system, and to his proposed appeal in behalf of “the new Constitution.”
A plan of operations which was so well adapted to produce confusion in the ranks of those who opposed “the new system,” and to shake the confidence which the people of the State of New York had reposed in the arguments of its leaders, needed only a careful elaboration of its details, and a prompt and energetic execution of its different parts, to insure some degree of success. To secure these, Colonel Hamilton appears to have sought the assistance of those whose peculiar qualifications adapted them to the discharge of peculiar lines of duty, reserving to himself, however, not only the general control of the discussion, but the execution of those portions of it which appear to have been attended with the greatest difficulties. The Secretary of the United States for Foreign Affairs (Mr. Jay), notwithstanding the lukewarmness of his sympathy, was induced to undertake those portions of the discussion which related to the importance of the Union in connection with the foreign relations of the States, and to the treaty-making authority of the Senate—both of them being subjects which his official position enabled him to discuss with unusual ability, without compromising in the least his general political sentiments, and without obliging him, necessarily, to assent, even by implication, to any portion of the proposed Constitution. Mr. Madison, a delegate in the Convention from the State of Virginia, and one of the most influential members of that body, was also enlisted in the work, and to him was entrusted the discussion of those branches of the subject which were particularly connected with the individual powers and interests of the states, and of the people, including popular tumults, the republican character of the proposed constitution, the authority which it proposed to delegate to the three departments of the federal government respectively, the relative influence of the proposed federal and the state authorities, and the organization and authority of the proposed Senate and House of Representatives. A third auxiliary pen, it is said, was originally proposed; but no person having been named in that connection, the individual referred to is not certainly known, although it is not improbable that James Duane’s profound legal abilities or Philip Schuyler’s practical business education was that which was particularly desired to make the Federalist more perfect in some of its parts.
It is fortunate for the student of American constitutional history, that the distinguished leader of the “Federalists” in New York left behind him the syllabus of the great work which is the subject of our examination, from which, and from other sources, not less authentic, a more complete analysis of the argument which was employed in behalf of the proposed Constitution has been prepared, and will be submitted at the close of this Introduction. It will not be necessary, therefore, in this place, to examine the details of the discussion by the three champions of “the new system,” or to inquire in what manner the powerful and well-directed opposition within the State of New York was met and overcome.
The three associates labored harmoniously, each within his designated field of inquiry, but all under a common signature. The joint production was styled The Federalist—to indicate its support of the federal union of the thirteen sovereign states; and the several numbers which the triad produced bore the common signature of “Publius.”
Of the manner in which the three authors discharged their self-imposed duty, the general approval of their countrymen and the encomiums of the learned throughout Europe have borne the most satisfactory evidence. The Federalist is surpassed by few, if any, writings of a similar character, of the period in which it was written; and if confusion sometimes prevails in its pages from the want of precision in their use of acknowledged technical terms; if their early training in British schools, under British masters, hampered them in their newly acquired position as lawgivers for commonwealths which had expressly rejected the fundamental principles of British governmental science; if the then imperfectly acquired knowledge of the ancient republics rendered their illustrations, to some extent, imperfect—the distinguished authors of the work shared these misfortunes with the best writers of the age in which they lived, and their work is not more disfigured from these causes than are those of the most approved authors of that period.
Henry B. Dawson
The Text of the Federalist
The Text of the Federalist
The essays of the Federalist were first printed in the newspapers, and were then republished without substantial textual change in the McLean edition of 1788. In 1802, the Hopkins edition, described above, appeared with many textual changes in the essays written by Hamilton, and in 1818 the Gideon edition, with further changes in the Madison essays. The new text of these two editions was adopted in all subsequent editions, until the appearance of the one published in 1863 by Mr. Dawson, who reverted to the original text. Mr. John C. Hamilton, in his edition a year later, adopted the Hopkins and Gideon text. Thus it happens that there are two texts of the Federalist which contend for the honor of being the best and most authentic version of these famous essays.
I have had no hesitation in deciding as to the text to be adopted in this edition. Mr. Dawson’s argument in favor of the original text is unanswerable, and can be readily summarized. The essays of the Federalist were written at a special time for a special purpose. They formed an elaborate argument, intended to convince the people of the country of the value and usefulness of the proposed Constitution, and it is, therefore, historically essential that we should have them in the precise form in which they did their work.
The Federalist furthermore was the first authoritative interpretation of the Constitution, and was mainly written by the two principal authors of that instrument. It was the first exposition of the Constitution and the first step in the long process of development which has given life, meaning, and importance to the clauses agreed upon at Philadelphia. It has acquired all the weight and sanction of a judicial decision, and has been constantly used as an authority in the settlement of constitutional questions. The essays of Publius are undoubtedly a great work upon the general subject of political federation, and if they were nothing else, textual changes and improvements would be at least defensible, if not wholly desirable. But changes cease to be permissible when the writings in question are not only essays on the general subject of political federation and government under a written constitution, but are also arguments intended to serve a specific purpose at a particular time, which have assumed the weight and sanctity of judicial interpretation.
The authority for the most extensive changes, moreover, is by no means clear. It is certain that Hamilton opposed any alterations, and indeed forbade them. It is conceded also that the changes in the edition of 1802 were not made by Hamilton, with the exception probably of the paragraph in No. 56, and the extent of his approval of them is a matter of conjecture. The further slight changes in the edition of 1818 have, it is true, the sanction of Madison, but what we desire now is not Madison’s arguments in the phrases which he preferred in 1818, but in the words which he actually used in 1787 and 1788.
Finally, the changes were, as a rule, unimportant, often trivial, with two or three exceptions, entirely verbal, and, in my opinion, made no improvement. The text of this edition, therefore, is the original text of the newspapers and the McLean edition of 1788 as adopted by Mr. Dawson. I have added a few notes giving the text of the subsequent changes in every case where they seemed of the slightest importance, or where, by any possible construction, they could be considered to affect the meaning of the passage.
In only one point is Mr. Dawson’s edition as it seems to me open to criticism, and in that point alone does this edition depart from his text. The McLean edition changed the original numbering of the essays as they appeared in the newspapers. No. 35 of the newspapers was put back in the series and numbered 29. This was a proper change, because it placed the original No. 35 where it belonged in the natural sequence of subjects and arguments. The original Nos. 29 and 30 thus became 30 and 31, respectively. Then the McLean edition divided the original No. 31 into two parts, and numbered them 32 and 33. This change has no apparent reason, but it is perfectly harmless and unimportant. The effect of these changes was to advance the McLean essays one number each over the newspaper originals up to 76, which became 77 in the book-form. The remaining essays, 78 to 85 inclusive, appeared first from the author’s manuscript in the McLean edition, and were reprinted in the newspapers from that edition probably with the newspaper numbering, so that no No. 85 ever appeared in the newspapers. It is obvious that the McLean edition must have had the approval of Hamilton, because the last eight numbers were printed from his manuscript; and if the edition had his sanction, of course the arrangement and numbering must have had it also, for these were the only points on which it differed from the newspapers. It is clear, therefore, that Hamilton thought the McLean numbering an improvement, and the changes then made in this direction have of course no effect whatever on the authority of the Federalist either as argument or interpretation.
Mr. Dawson shows by an ingenious bit of reasoning that there was no “original number 77,” and accordingly omits that number from his edition, and thus makes his last number 85. There is no ground, as I have pointed out, for thus adhering to an enumeration which omits one number because there was confusion in the differing forms of original publication, and which has no peculiar authority or sanction. There is, moreover, one fatal objection to Mr. Dawson’s system, in the fact that the numbering of the McLean edition has been universally adopted in all subsequent editions and has become the standard of reference. It is to be regretted that Mr., Dawson, in deference to rigid antiquarianism, should have marred his edition by a numbering which, for no substantial reason, differs from the accepted standard, and which, on this account and by omitting one number altogether, makes intelligent reference to it difficult, if not impossible.
The text of this edition, therefore, is, as I have said, the untouched original text, and the essays are numbered according to what, in my opinion, is the original arrangement, and which is certainly the best, as it is the standard numbering, that of the first edition of 1788.
In conclusion, I have only to express my thanks to the many kind correspondents who have given me information as to the Federalist and its editions, and to state my obligations to the work of Mr. Dawson, to whose masterly introduction and admirable analytical table of contents this and all the subsequent editions of the essays of Publius must be largely indebted.
Henry Cabot Lodge
The Federalist Papers
The Federalist Papers
I: General Introduction
I
General Introduction
Hamilton: For The Independent Journal, Saturday, October 27, 1787.
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 frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force. If there be any truth in the remark, the crisis at which we are arrived may with propriety be regarded as the era in which that decision is to be made; and a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.
This idea will add the inducements of philanthropy to those of patriotism, to heighten the solicitude which all considerate and good men must feel for the event. Happy will it be if our choice should be directed by a judicious estimate of our true interests, unperplexed and unbiased by considerations not connected with the public good. But this is a thing more ardently to be wished than seriously to be expected. The plan offered to our deliberations affects too many particular interests, innovates upon too many local institutions, not to involve in its discussion a variety of objects foreign to its merits, and of views, passions and prejudices little favorable to the discovery of truth.
Among the most formidable of the obstacles which the new Constitution will have to encounter may readily be distinguished the obvious interest of a certain class of men in every state to resist all changes which may hazard a diminution of the power, emolument, and consequence of the offices they hold under the state establishments; and the perverted ambition of another class of men, who will either hope to aggrandize themselves by the confusions of their country, or will flatter themselves with fairer prospects of elevation from the subdivision of the empire into several partial confederacies than from its union under one government.
It is not, however, my design to dwell upon observations of this nature. I am well aware that it would be disingenuous to resolve indiscriminately the opposition of any set of men (merely because their situations might subject them to suspicion) into interested or ambitious views. Candor will oblige us to admit that even such men may be actuated by upright intentions; and it cannot be doubted that much of the opposition which has made its appearance, or may hereafter make its appearance, will spring from sources, blameless at least, if not respectable—the honest errors of minds led astray by preconceived jealousies and fears. So numerous indeed and so powerful are the causes which serve to give a false bias to the judgment, that we, upon many occasions, see wise and good men on the wrong as well as on the right side of questions of the first magnitude to society. This circumstance, if duly attended to, would furnish a lesson of moderation to those who are ever so much persuaded of their being in the right in any controversy. And a further reason for caution, in this respect, might be drawn from the reflection that we are not always sure that those who advocate the truth are influenced by purer principles than their antagonists. Ambition, avarice, personal animosity, party opposition, and many other motives not more laudable than these, are apt to operate as well upon those who support as those who oppose the right side of a question. Were there not even these inducements to moderation, nothing could be more ill-judged than that intolerant spirit which has, at all times, characterized political parties. For in politics, as in religion, it is equally absurd to aim at making proselytes by fire and sword. Heresies in either can rarely be cured by persecution.
And yet, however just these sentiments will be allowed to be, we have already sufficient indications that it will happen in this as in all former cases of great national discussion. A torrent of angry and malignant passions will be let loose. To judge from the conduct of the opposite parties, we shall be led to conclude that they will mutually hope to evince the justness of their opinions, and to increase the number of their converts by the loudness of their declamations and the bitterness of their invectives. An enlightened zeal for the energy and efficiency of government will be stigmatized as the offspring of a temper fond of despotic power and hostile to the principles of liberty. An over-scrupulous jealousy of danger to the rights of the people, which is more commonly the fault of the head than of the heart, will be represented as mere pretense and artifice, the stale bait for popularity at the expense of the public good. It will be forgotten, on the one hand, that jealousy is the usual concomitant of love, and that the noble enthusiasm of liberty is apt to be infected with a spirit of narrow and illiberal distrust. On the other hand, it will be equally forgotten that the vigor of government is essential to the security of liberty; that, in the contemplation of a sound and well-informed judgment, their interest can never be separated; and that a dangerous ambition more often lurks behind the specious mask of zeal for the rights of the people than under the forbidden appearance of zeal for the firmness and efficiency of government. History will teach us that the former has been found a much more certain road to the introduction of despotism than the latter, and that of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people; commencing demagogues, and ending tyrants.
In the course of the preceding observations, I have had an eye, my fellow-citizens, to putting you upon your guard against all attempts, from whatever quarter, to influence your decision in a matter of the utmost moment to your welfare, by any impressions other than those which may result from the evidence of truth. You will, no doubt, at the same time, have collected from the general scope of them, that they proceed from a source not unfriendly to the new Constitution. Yes, my countrymen, I own to you that, after having given it an attentive consideration, I am clearly of opinion it is your interest to adopt it. I am convinced that this is the safest course for your liberty, your dignity, and your happiness. I affect not reserves which I do not feel. I will not amuse you with an appearance of deliberation when I have decided. I frankly acknowledge to you my convictions, and I will freely lay before you the reasons on which they are founded. The consciousness of good intentions disdains ambiguity. I shall not, however, multiply professions on this head. My motives must remain in the depository of my own breast. My arguments will be open to all, and may be judged of by all. They shall at least be offered in a spirit which will not disgrace the cause of truth.
I propose, in a series of papers, to discuss the following interesting particulars: The utility of the Union to your political prosperity—The insufficiency of the present confederation to preserve that union—The necessity of a government at least equally energetic with the one proposed, to the attainment of this object—The conformity of the proposed constitution to the true principles of republican government—Its analogy to your own state constitution—and lastly, the additional security which its adoption will afford to the preservation of that species of government, to liberty, and to property.
In the progress of this discussion I shall endeavor to give a satisfactory answer to all the objections which shall have made their appearance, that may seem to have any claim to your attention.
It may perhaps be thought superfluous to offer arguments to prove the utility of the Union, a point, no doubt, deeply engraved on the hearts of the great body of the people in every state, and one, which it may be imagined, has no adversaries. But the fact is, that we already hear it whispered in the private circles of those who oppose the new Constitution, that the thirteen states are of too great extent for any general system, and that we must of necessity resort to separate confederacies of distinct portions of the whole.1 This doctrine will, in all probability, be gradually propagated, till it has votaries enough to countenance an open avowal of it. For nothing can be more evident, to those who are able to take an enlarged view of the subject, than the alternative of an adoption of the new Constitution or a dismemberment of the Union. It will therefore be of use to begin by examining the advantages of that Union, the certain evils, and the probable dangers, to which every state will be exposed from its dissolution. This shall accordingly constitute the subject of my next address.
Publius
II: Concerning Dangers from Foreign Force and Influence
II
Concerning Dangers from Foreign Force and Influence
Jay: For The Independent Journal, Wednesday, October 31, 1787.
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 cede to it some of their natural rights in order to vest it with requisite powers. It is well worthy of consideration therefore, whether it would conduce more to the interest of the people of America that they should, to all general purposes, be one nation, under one federal government, or that they should divide themselves into separate confederacies, and give to the head of each the same kind of powers which they are advised to place in one national government.
It has until lately been a received and uncontradicted opinion that the prosperity of the people of America depended on their continuing firmly united, and the wishes, prayers, and efforts of our best and wisest citizens have been constantly directed to that object. But politicians now appear, who insist that this opinion is erroneous, and that instead of looking for safety and happiness in union, we ought to seek it in a division of the states into distinct confederacies or sovereignties. However extraordinary this new doctrine may appear, it nevertheless has its advocates; and certain characters who were much opposed to it formerly, are at present of the number. Whatever may be the arguments or inducements which have wrought this change in the sentiments and declarations of these gentlemen, it certainly would not be wise in the people at large to adopt these new political tenets without being fully convinced that they are founded in truth and sound policy.