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 this nature are the maxims in geometry,
that "the whole is greater than its part; things equal to the same are
equal to one another; two straight lines cannot enclose a space; and all right
angles are equal to each other." Of the same nature are these other maxims
in ethics and politics, that there cannot be an effect without a cause; that the
means ought to be proportioned to the end; that every power ought to be
commensurate with its object; that there ought to be no limitation of a power
destined to effect a purpose which is itself incapable of limitation. And there
are other truths in the two latter sciences which, if they cannot pretend to
rank in the class of axioms, are yet such direct inferences from them, and so
obvious in themselves, and so agreeable to the natural and unsophisticated
dictates of common-sense, that they challenge the assent of a sound and unbiased
mind, with a degree of force and conviction almost equally irresistible.
The objects of geometrical inquiry are so entirely
abstracted from those pursuits which stir up and put in motion the unruly
passions of the human heart, that mankind, without difficulty, adopt not only
the more simple theorems of the science, but even those abstruse paradoxes
which, however they may appear susceptible of demonstration, are at variance
with the natural conceptions which the mind, without the aid of philosophy,
would be led to entertain upon the subject. The INFINITE
DIVISIBILITY of matter, or, in other words, the INFINITE
divisibility of a
FINITE thing, extending even to the minutest atom, is a
point agreed among geometricians, though not less incomprehensible to
common-sense than any of those mysteries in religion, against which the
batteries of infidelity have been so industriously leveled.
But in the sciences of morals and politics, men are found
far less tractable. To a certain degree, it is right and useful that this should
be the case. Caution and investigation are a necessary armor against error and
imposition. But this untractableness may be carried too far, and may degenerate
into obstinacy, perverseness, or disingenuity. Though it cannot be pretended
that the principles of moral and political knowledge have, in general, the same
degree of certainty with those of the mathematics, yet they have much better
claims in this respect than, to judge from the conduct of men in particular
situations, we should be disposed to allow them. The obscurity is much oftener
in the passions and prejudices of the reasoner than in the subject. Men, upon
too many occasions, do not give their own understandings fair play; but,
yielding to some untoward bias, they entangle themselves in words and confound
themselves in subtleties.
How else could it happen (if we admit the objectors to be
sincere in their opposition), that positions so clear as those which manifest
the necessity of a general power of taxation in the government of the Union,
should have to encounter any adversaries among men of discernment? Though these
positions have been elsewhere fully stated, they will perhaps not be improperly
recapitulated in this place, as introductory to an examination of what may have
been offered by way of objection to them. They are in substance as follows:
A government ought to contain in itself every power
requisite to the full accomplishment of the objects committed to its care, and
to the complete execution of the trusts for which it is responsible, free from
every other control but a regard to the public good and to the sense of the
people.
As the duties of superintending the national defense and
of securing the public peace against foreign or domestic violence involve a
provision for casualties and dangers to which no possible limits can be
assigned, the power of making that provision ought to know no other bounds than
the exigencies of the nation and the resources of the community.
As revenue is the essential engine by which the means of
answering the national exigencies must be procured, the power of procuring that
article in its full extent must necessarily be comprehended in that of providing
for those exigencies.
As theory and practice conspire to prove that the power of
procuring revenue is unavailing when exercised over the States in their
collective capacities, the federal government must of necessity be invested with
an unqualified power of taxation in the ordinary modes.
Did not experience evince the contrary, it would be
natural to conclude that the propriety of a general power of taxation in the
national government might safely be permitted to rest on the evidence of these
propositions, unassisted by any additional arguments or illustrations. But we
find, in fact, that the antagonists of the proposed Constitution, so far from
acquiescing in their justness or truth, seem to make their principal and most
zealous effort against this part of the plan. It may therefore be satisfactory
to analyze the arguments with which they combat it.
Those of them which have been most labored with that
view, seem in substance to amount to this: "It is not true, because the
exigencies of the Union may not be susceptible of limitation, that its power of
laying taxes ought to be unconfined. Revenue is as requisite to the purposes of
the local administrations as to those of the Union; and the former are at least
of equal importance with the latter to the happiness of the people. It is,
therefore, as necessary that the State governments should be able to command the
means of supplying their wants, as that the national government should possess
the like faculty in respect to the wants of the Union. But an indefinite power
of taxation in the
latter might, and probably would in time, deprive the former of
the means of providing for their own necessities; and would subject them
entirely to the mercy of the national legislature. As the laws of the Union are
to become the supreme law of the land, as it is to have power to pass all laws
that may be NECESSARY for carrying into execution the
authorities with which it is proposed to vest it, the national government might
at any time abolish the taxes imposed for State objects upon the pretense of an
interference with its own. It might allege a necessity of doing this in order to
give efficacy to the national revenues. And thus all the resources of taxation
might by degrees become the subjects of federal monopoly, to the entire
exclusion and destruction of the State governments."
This mode of reasoning appears sometimes to turn upon the
supposition of usurpation in the national government; at other times it seems to
be designed only as a deduction from the constitutional operation of its
intended powers. It is only in the latter light that it can be admitted to have
any pretensions to fairness. The moment we launch into conjectures about the
usurpations of the federal government, we get into an unfathomable abyss, and
fairly put ourselves out of the reach of all reasoning. Imagination may range at
pleasure till it gets bewildered amidst the labyrinths of an enchanted castle,
and knows not on which side to turn to extricate itself from the perplexities
into which it has so rashly adventured. Whatever may be the limits or
modifications of the powers of the Union, it is easy to imagine an endless train
of possible dangers; and by indulging an excess of jealousy and timidity, we may
bring ourselves to a state of absolute scepticism and irresolution. I repeat
here what I have observed in substance in another place, that all observations
founded upon the danger of usurpation ought to be referred to the composition
and structure of the government, not to the nature or extent of its powers. The
State governments, by their original constitutions, are invested with complete
sovereignty. In what does our security consist against usurpation from that
quarter? Doubtless in the manner of their formation, and in a due dependence of
those who are to administer them upon the people. If the proposed construction
of the federal government be found, upon an impartial examination of it, to be
such as to afford, to a proper extent, the same species of security, all
apprehensions on the score of usurpation ought to be discarded.
It should not be forgotten that a disposition in the
State governments to encroach upon the rights of the Union is quite as probable
as a disposition in the Union to encroach upon the rights of the State
governments. What side would be likely to prevail in such a conflict, must
depend on the means which the contending parties could employ toward insuring
success. As in republics strength is always on the side of the people, and as
there are weighty reasons to induce a belief that the State governments will
commonly possess most influence over them, the natural conclusion is that such
contests will be most apt to end to the disadvantage of the Union; and that
there is greater probability of encroachments by the members upon the federal
head, than by the federal head upon the members. But it is evident that all
conjectures of this kind must be extremely vague and fallible: and that it is by
far the safest course to lay them altogether aside, and to confine our attention
wholly to the nature and extent of the powers as they are delineated in the
Constitution. Every thing beyond this must be left to the prudence and firmness
of the people; who, as they will hold the scales in their own hands, it is to be
hoped, will always take care to preserve the constitutional equilibrium between
the general and the State governments. Upon this ground, which is evidently the
true one, it will not be difficult to obviate the objections which have been
made to an indefinite power of taxation in the United States.
PUBLIUS.