Constitutional history -- United States -- Sources; Constitutional law -- United States
This unhappy people seem to be now suffering from popular convulsions,
from dissensions among the states, and from the actual invasion of
foreign arms, the crisis of their destiny. All nations have their eyes
fixed on the awful spectacle. The first wish prompted by humanity is,
that this severe trial may issue in such a revolution of their
government as will establish their union, and render it the parent of
tranquillity, freedom and happiness: The next, that the asylum under
which, we trust, the enjoyment of these blessings will speedily be
secured in this country, may receive and console them for the
catastrophe of their own.
I make no apology for having dwelt so long on the contemplation of
these federal precedents. Experience is the oracle of truth; and where
its responses are unequivocal, they ought to be conclusive and sacred.
The important truth, which it unequivocally pronounces in the present
case, is that a sovereignty over sovereigns, a government over
governments, a legislation for communities, as contradistinguished from
individuals, as it is a solecism in theory, so in practice it is
subversive of the order and ends of civil polity, by substituting
VIOLENCE in place of LAW, or the destructive COERCION of the SWORD in
place of the mild and salutary COERCION of the MAGISTRACY.
PUBLIUS.
THE FEDERALIST.
No. XXI.
Other Defects of the Present Confederation
For the Independent Journal.
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 acquainted with the extent
and malignity of the disease.
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