Constitutional history -- United States -- Sources; Constitutional law -- United States
In our case, the concurrence of thirteen distinct sovereign wills is
requisite, under the Confederation, to the complete execution of every
important measure that proceeds from the Union. It has happened as was
to have been foreseen. The measures of the Union have not been
executed; the delinquencies of the States have, step by step, matured
themselves to an extreme, which has, at length, arrested all the wheels
of the national government, and brought them to an awful stand.
Congress at this time scarcely possess the means of keeping up the
forms of administration, till the States can have time to agree upon a
more substantial substitute for the present shadow of a federal
government. Things did not come to this desperate extremity at once.
The causes which have been specified produced at first only unequal and
disproportionate degrees of compliance with the requisitions of the
Union. The greater deficiencies of some States furnished the pretext of
example and the temptation of interest to the complying, or to the
least delinquent States. Why should we do more in proportion than those
who are embarked with us in the same political voyage? Why should we
consent to bear more than our proper share of the common burden? These
were suggestions which human selfishness could not withstand, and which
even speculative men, who looked forward to remote consequences, could
not, without hesitation, combat. Each State, yielding to the persuasive
voice of immediate interest or convenience, has successively withdrawn
its support, till the frail and tottering edifice seems ready to fall
upon our heads, and to crush us beneath its ruins.
PUBLIUS.
[1] “I mean for the Union.”
THE FEDERALIST.
No. XVI.
The Same Subject Continued
(The Insufficiency of the Present Confederation to Preserve the Union)
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 content myself with barely
observing here, that of all the confederacies of antiquity, which
history has handed down to us, the Lycian and Achaean leagues, as far
as there remain vestiges of them, appear to have been most free from
the fetters of that mistaken principle, and were accordingly those
which have best deserved, and have most liberally received, the
applauding suffrages of political writers.
Public-domain text, read in full here on John Shaqi.
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