Table of Contents FROM THE PAGES OF THE FEDERALIST Title Page Copyright Page ALEXANDER HAMILTON, JAMES MADISON, AND JOHN JAY THE WORLD OF THE FEDERALIST Introduction PREFACE TO THE GIDEON EDITION (1818) No - BY ALEXANDER HAMILTON No - BY JOHN JAY No - BY JOHN JAY No - BY JOHN JAY No - BY JOHN JAY No - BY ALEXANDER HAMILTON No - BY ALEXANDER HAMILTON No - BY ALEXANDER HAMILTON No - BY ALEXANDER HAMILTON No 10 - BY JAMES MADISON No 11 - BY ALEXANDER HAMILTON No 12 - BY ALEXANDER HAMILTON No 13 - BY ALEXANDER HAMILTON No 14 - BY JAMES MADISON No 15 - BY ALEXANDER HAMILTON No 16 - BY ALEXANDER HAMILTON No 17 - BY ALEXANDER HAMILTON No 18 - BY JAMES MADISON No 19 - BY JAMES MADISON No 20 - BY JAMES MADISON No 21 - BY ALEXANDER HAMILTON No 22 - BY ALEXANDER HAMILTON No 23 - BY ALEXANDER HAMILTON No 24 - BY ALEXANDER HAMILTON No 25 - BY ALEXANDER HAMILTON No 26 - BY ALEXANDER HAMILTON No 27 - BY ALEXANDER HAMILTON No 28 - BY ALEXANDER HAMILTON No 29 - BY ALEXANDER HAMILTON No 30 - BY ALEXANDER HAMILTON No 31 - BY ALEXANDER HAMILTON No 32 - BY ALEXANDER HAMILTON No 33 - BY ALEXANDER HAMILTON No 34 - BY ALEXANDER HAMILTON No 35 - BY ALEXANDER HAMILTON No 36 - BY ALEXANDER HAMILTON No 37 - BY JAMES MADISON No 38 - BY JAMES MADISON No 39 - BY JAMES MADISON No 40 - BY JAMES MADISON No 41 - BY JAMES MADISON No 42 - BY JAMES MADISON No 43 - BY JAMES MADISON No 44 - BY JAMES MADISON No 45 - BY JAMES MADISON No 46 - BY JAMES MADISON No 47 - BY JAMES MADISON No 48 - BY JAMES MADISON No 49 - BY JAMES MADISON No 50 - BY JAMES MADISON No 51 - BY JAMES MADISON No 52 - BY JAMES MADISON No 53 - BY JAMES MADISON No 54 - BY JAMES MADISON No 55 - BY JAMES MADISON No 56 - BY JAMES MADISON No 57 - BY JAMES MADISON No 58 - BY JAMES MADISON No 59 - BY ALEXANDER HAMILTON No 60 - BY ALEXANDER HAMILTON No 61 - BY ALEXANDER HAMILTON No 62 - BY JAMES MADISON No 63 - BY JAMES MADISON No 64 - BY JOHN JAY No 65 - BY ALEXANDER HAMILTON No 66 - BY ALEXANDER HAMILTON No 67 - BY ALEXANDER HAMILTON No 68 - BY ALEXANDER HAMILTON No 69 - BY ALEXANDER HAMILTON No 70 - BY ALEXANDER HAMILTON No 71 - BY ALEXANDER HAMILTON No 72 - BY ALEXANDER HAMILTON No 73 - BY ALEXANDER HAMILTON No 74 - BY ALEXANDER HAMILTON No 75 - BY ALEXANDER HAMILTON No 76 - BY ALEXANDER HAMILTON No 77 - BY ALEXANDER HAMILTON No 78 - BY ALEXANDER HAMILTON No 79 - BY ALEXANDER HAMILTON No 80 - BY ALEXANDER HAMILTON No 81 - BY ALEXANDER HAMILTON No 82 - BY ALEXANDER HAMILTON No 83 - BY ALEXANDER HAMILTON No 84 - BY ALEXANDER HAMILTON No 85 - BY ALEXANDER HAMILTON APPENDIX: THE CONSTITUTION OF THE UNITED STATES ENDNOTES FOR FURTHER READING FROM THE PAGES OF THE FEDERALIST After full experience of the insufficiency of the existing federal government, you are invited to deliberate upon a New Constitution for the United States of America (No 1, page 9) Let Americans disdain to be the instruments of European greatness ! Let the Thirteen States, bound together in a strict and indissoluble union, concur in erecting one great American system, superior to the control of all transatlantic force or influence, and able to dictate the terms of the connexion between the old and the new world! (No 11, page 65) What are the chief sources of expense in every government? What has occasioned that enormous accumulation of debts with which several of the European nations are oppressed? The answer plainly is, wars and rebellions; the support of those institutions which are necessary to guard the body politic against these two mortal diseases of society (No 34, pages 178-179) It is a misfortune, inseparable from human affairs, that public measures are rarely investigated with that spirit of moderation, which is essential to a just estimate of their real tendency to advance, or obstruct, the public good (No 37, page 194) Not less true is it, that the liberties of Rome proved the final victim to her military triumphs, and that the liberties of Europe, as far as they ever existed, have, with few exceptions, been the price of her military establishments A standing force, therefore, is a dangerous, at the same time that it may be a necessary, provision On the smallest scale, it has its inconveniencies On an extensive scale, its consequences may be fatal (No 41, page 226) But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary If angels were to govern men, neither external nor internal controls on government would be necessary In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself (No 51, page 288) Who are to be the electors of the federal representatives? Not the rich, more than the poor; not the learned, more than the ignorant; not the haughty heirs of distinguished names, more than the humble sons of obscure and unpropitious fortune (No 57, page 317) A good government implies two things: first, fidelity to the object of government, which is the happiness of the people; secondly, a knowledge of the means by which that object can be best attained Some governments are deficient in both these qualities: most governments are deficient in the first I scruple not to assert, that, in the American governments, too little attention has been paid to the last (No 62, page 345) Though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter: I mean, so long as the judiciary remains truly distinct from both the legislature and the executive For I agree that “there is no liberty, if the power of judging be not separated from the legislative and executive powers.” (No 78, page 429) Nothing need be said to illustrate the importance of the prohibition of titles of nobility This may truly be denominated the corner stone of republican government for so long as they are excluded, there can never be serious danger that the government will be any other than that of the people (No 84, page 473) A NATION without a NATIONAL GOVERNMENT, is an awful spectacle The establishment of a constitution, in time of profound peace, by the voluntary consent of a whole people, is a PRODIGY, to the completion of which I look forward with trembling anxiety (No 85, page 487) Published by Barnes & Noble Books 122 Fifth Avenue New York, NY 10011 www.barnesandnoble.com/classics The Federalist, Hamilton, Madison, and Jay’s series of eighty-five essays, was written in 1787-1788 and printed in various New York newspapers, with the exception of the final eight essays These last were included in the two-volume book edition of 1788 The current text is that of the authoritative Gideon Edition of 1818 Published in 2006 by Barnes & Noble Classics with new Introduction, Notes, Biography, Chronology, and For Further Reading Introduction, Endnotes, and For Further Reading Copyright © 2006 by Robert A Ferguson Note on Hamilton, Madison, and Jay and The World of The Federalist Copyright © 2006 by Barnes & Noble, Inc All rights reserved No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without the prior written permission of the publisher Barnes & Noble Classics and the Barnes & Noble Classics colophon are trademarks of Barnes & Noble, Inc The Federalist ISBN-13: 978-1-59308-282-6 ISBN-10: 1-59308-282-7 eISBN : 978-1-411-43219-2 LC Control Number 2005932485 Produced and published in conjunction with: Fine Creative Media, Inc 322 Eighth Avenue New York, NY 10001 Michael J Fine, President and Publisher Printed in the United States of America QM 10 FIRST PRINTING ALEXANDER HAMILTON, JAMES MADISON, AND JOHN JAY The document now known as the Constitution of the United States was composed in 1787 by the fiftyfive delegates of the Constitutional Convention in Philadelphia A declared compromise of divergent interests, its authority in the new nation at the time was by no means assured A national debate on its legitimacy ensued To the federal Constitution’s defense came James Madison, Alexander Hamilton, and John Jay; sharing the pen name Publius, the three men argued the new Constitution’s merits in a series of essays that became known as The Federalist In the eyes of many Americans, the proposed Constitution was an invitation to tyranny that neglected individual liberties even as it closed gaping holes in the nation’s existing system of governance The new document seemed most threatened in Hamilton’s state of New York In response, Hamilton conceived a public relations effort to promote the Constitution, by publishing pro-ratification treatises in the major newspapers In all, eighty-five essays by the three authors appeared: John Jay authored five, Madison twenty-nine, and Hamilton fifty-one Alexander Hamilton (c.1755-1804) was born on the Caribbean island of Nevis, the illegitimate son of a married woman and a struggling Scottish businessman After the death of his mother, Hamilton left the West Indies for New York, where he settled in 1772 Bright and ambitious, he enrolled in King’s College (now Columbia University), intending to become a doctor Serving as General George Washington’s aide-de-camp during the Revolutionary War, he became a member of the Constitutional Convention in 1787 Hamilton, who believed economic prosperity required a strong government, was an outspoken proponent of centralized government and the architect of the country’s financial institutions He later served as the first secretary of the Treasury (1789-1795), exerted significant influence over foreign policy, and played a crucial role in shaping the government His caustic wit earned him many enemies, including Aaron Burr, whose political career suffered under Hamilton’s criticism Burr challenged Hamilton to a duel and on July 11, 1804, delivered a mortal wound Hamilton died the next day James Madison ( 1751-1836) was the son of a Virginia planter and a member of the southern aristocracy Though his health kept him from military service, he was active in revolutionary politics in his home state and was chosen for the Continental Congress (1780) and then the Constitutional Convention Because of his efforts and influence at the convention, he is sometimes called the “father of the Constitution.” Madison served in the U.S House of Representatives from 1789 to 1797 and was secretary of state for eight years under Thomas Jefferson, whom he helped in engineering the Louisiana Purchase In 1809 Madison succeeded Jefferson and was elected the nation’s fourth president; he won a second term in 1812 and, although a proponent of peace, led the United States to victory in that year’s war with Britain Madison was the last of the leading founders to die when he passed away on June 28, 1836 John Jay (1745-1829) was born in New York City He became an attorney in 1768 and gained early fame with The Address to the People of Great Britain (1774), a tract outlining colonial demands on the mother country, which Jay wrote while representing New York in the First Continental Congress He drafted New York’s earliest constitution and in 1777 was made the state’s made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and] that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate Article VI All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States Article VII The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names, George Washington, President and deputy from Virginia ENDNOTES (p 17) [No 2] “FAREWELL! A LONG FAREWELL, TO ALL MY GREATNESS”: The quotation is from Cardinal Wolsey’s speech in Shakespeare’s Henry VIII (act 3, scene 2), when Wolsey suddenly recognizes his imminent downfall The historical Cardinal Wolsey (c 1475-1530) was named lord chancellor of England in December 1515, stripped of the title in October 1529, and arrested for high treason in November 1530 (p 30) [No 6] The celebrated Pericles, in compliance with the resentments of a prostitute, attacked, vanquished, and destroyed the city of the Samnians: Aspasia, referred to in Hamilton’s note, was the mistress of Pericles (c.495-429 B.C.), an Athenian statesman She was not an Athenian citizen and so could not marry Pericles under Athenian Solanic law until he received special legal dispensation to make her his wife, which he did She was a consort, or hetairi, not a prostitute (The Greek term for prostitutes was pornai, the root of our word “pornography.”) The deep-seated hostilities between Samos, a competitor in sea power, and Athens had little to with Aspasia or her relation to Pericles (Hamilton means “Samians,” from his source in Plutarch, when he refers to “Samnians.”) (p 30) [No 6] The ambitious cardinal, who was prime minister to Henry VIIIth, permitting his vanity to aspire to the triple crown, entertained hopes of succeeding in the acquisition of that splendid prize by the influence of the emperor Charles Vth: Hamilton’s reference to a triple crown and Charles V (1500-1558) referred in part to the facts that Charles succeeded Ferdinand as ruler of Spain and was in line to inherit the kingships of both Italy and Germany, which he eventually did In parallel fashion, Thomas Wolsey, already a cardinal and archbishop of York (as well as chancellor of England), aspired to the papacy itself through his diplomatic maneuverings with Charles V, who could be expected to control the next papal succession through his dominant position in Europe (p 31) [No 6] The influence which the bigotry of one female, the petulances of another, and the cabals of a third have been too often descanted upon not to be generally known: Franỗoise dAubignộ, marquise de Maintenon (1635-1719), Sarah Jennings, the duchess of Marlborough (16601744), and Jeanne-Antoinette Poisson Pompadour (1721-1764) were all women who held political sway through romantic attachment to a powerful male figure The Duchess of Marlborough was married to General John Churchill, first duke of Marlborough, and also was close to Queen Anne of England Madame de Maintenon was French King Louis XIV’s second wife, and Madame de Pompadour was the mistress of Louis XV All were considered notorious and criticized in their day for wielding improper influence (p 32) [No 6] Pope Julius the Second found means to accomplish that formidable league, which gave a deadly blow to the power and pride of that haughty republio: The League of Cambrai was an alliance of Pope Julius II (1443-1513), the Holy Roman Emperor Maximilian I (1459-1519), the French King Louis XII (1462-1515), and Ferdinand II of Aragon (1452-1516) Together, their forces fought a successful war with the Republic of Venice between 1508 and 1510, winning a major battle, mostly with French troops, at Agnadello in 1509 The League came apart quickly in 1510 when Ferdinand and the Pope switched sides, viewing the victorious French as a greater threat than Venice Hamilton means to display the viciousness and instability of all European politics (p 51) [No 9] In the Lycian confederacy, which consisted of twenty-three CITIES the largest were entitled to three votes in the COMMON COUNCIL the smallest to one: The Lycian confederacy, established on the southwestern coast of Asia Minor in 200 B.C., was made up of many small communities; it survived repeated invasions until the Romans conquered it in A.D 43 The passage from The Spirit of the Laws (book 9, chapter 3) by Charles, baron de Montesquieu (16891755), which Hamilton quotes a few lines down, talks about the inequality of members in a confederacy, a point Hamilton wanted to contest Opponents used “the celebrated Montesquieu” to challenge inequalities in a stronger union and to warn that large states would swallow smaller ones (p 65) [No 11] *Recherches philosophiques sur les Americains: Americans resented the claims of eighteenth-century European scientists that Nature produced inferior species in the New World with its further implications about the American mind Intellectuals like Franklin and Jefferson spent much time and energy refuting the theory The member of the group of “profound philosophers” to whom Hamilton sarcastically refers here is the Dutchman Cornelius De Pauw (1739-1799), author of Recherches philosophiques sur les Américains (Philosophical Studies of the Americans); he could as easily have chosen Georges-Louis Leclerc, comte de Buffon (1707-1788), who wrote a multivolume Histoire naturelle, générale et particulière (Natural History, General and Particular) (pp 104-105) [No 19] In Donawerth, a free and imperial city of the circle of Suabia the city was put under the ban of the empire; and the duke of Bavaria , took possession of it in his own name; disarmed and punished the inhabitants, and re-annexed the city to his domains: Through the example of an independent city losing its liberty over a pretext, Hamilton shows that a weaker union like a confederation will be more susceptible to internal invasion from one of its parts than a stronger federation His source for this piece of history, mentioned cryptically in his own note, is Christian Friedrich Pfeffel’s Nouvel Abrégé chronologique de l’histoire et du droit publique d‘Allemagne (1766; New Chronological Summary of the History of the Public Law of Germany) (p 157) [No 29] In reading many of the publications against the constitution, a man is apt to imagine that he is perusing some ill written tale or romance “Gorgons, Hydras, and Chimeras dire”: The “ill written tale or romance” that Hamilton quotes here is none other than John Milton’s Paradise Lost (book 2, line 628) The passage describes Satan’s recently fallen minions in a “universe of death” far worse than any of them could have imagined as they begin to explore their new home, Hell 10 (p 373) [No 67] the writer who (whatever may be his real merit) has had no inconsiderable share in the applauses of his party Let him now be confronted with the evidence of the fact; and let him justify or extenuate the shameful outrage he has offered to the dictates of truth, and to the rules of fair dealing: Hamilton footnotes Cato’s Letters to underscore his criticism of the excesses in anti-federalist propaganda against the Constitution When John Trenchard and Thomas Gordon began writing their series of anti-authoritarian essays for the London Journal in 1720, they chose the pen name “Cato” after Cato the Younger (95-46 B.C.), the noblest and most disinterestedly patriotic critic of Julius Caesar Americans of all party affiliations admired and imitated Cato’s Letters because of their high-minded criticisms of unwarranted authority and claims of patriotism Scholars argue that Trenchard and Gordon were as influential at the time as John Locke in shaping American political rhetoric, and Hamilton owes something of his own design in The Federalist to this source The bare reference would have been enough to raise a familiar line of thought in Publius’s readers 11 (p 379) [No 68] Though we cannot acquiesce in the political heresy of the poet, who says “For forms of government, let fools contest /“That which is best administered is best”: The passage is from An Essay on Man, by Alexander Pope (1688-1744) Hamilton, no poet, hurts the tonalities by misquoting it The original reads as follows: ”For Forms of Government let fools contest; / Whate’er is best administer’d is best” (epistle 3, lines 303-304) 12 (p 384) [No 69] Every jurist of that kingdom knows that the prerogative of making treaties exists in the crown independent of any other sanction: Hamilton accurately gauges the absolute powers of the English monarch in contrast to the limited powers proposed for an American president Hamilton refers here specifically to jurist William Blackstone (1723-1780), who wrote, ”The constitution of the kingdom hath entrusted him [the monarch] with the whole executive power of the laws,” and that “what is done by the royal authority, with regard to foreign powers, is the act of the whole nation: what is done without the king’s concurrence is the act only of private men.” See Blackstone, Commentaries on the Laws of England, vols (Oxford: Clarendon Press, 1765-1769), vol 1, pages 257, 245 13 (p 394) [No 70] *De Lolme: The reference here is to the political philosopher Jean Louis De Lolme (c.1740-1806) The passage can be found in De Lolme’s The Constitution of England, or An Account of the English Government; In which it is compared with the Republican Form of Government, and occasionally with the other Monarchies in Europe (third edition, London, 1781), page 215 14 (p 432) [No 78] *Vide Protest of the minority of the convention of Pennsylvania, Martin’s speech, &c.: American lawyer Luther Martin (c.1744-1826), an anti-federalist, had walked out of the Constitutional Convention in Philadelphia in protest His subsequent “Protest of the Convention of Pennsylvania” was delivered during the ratification debate of the Maryland Constitutional Convention on November 29, 1787, and printed in the Maryland Gazette on December 28, 1787 15 (p 435) [No 79] *Vide Constitution of Massachusetts, Chap 2, Sect.1, Art 13: This part of the Constitution of Massachusetts (1780) calls for “an honorable stated salary, of a fixed and permanent value” for the governor of the state and the justices of the Supreme Court John Adams (1735-1826) drafted the state’s Constitution while he was serving as a delegate to the Massachusetts Constitutional Convention 16 (p 478) [No 84] *Vide Rutherford’s Institutes, vol 2, book II, chap x, sect xiv, and xv Vide also Grotius, book 11, chap ix, sect viii and ix: Hamilton gives the name of the author of the first source incorrectly: It is Thomas Rutherforth The complete references to these texts are as follows: Thomas Rutherforth’s Institutes of Natural Law; Being the Substance of a Course of Lectures on Grotius de Jure Belli et Pacis (Cambridge: University of Cambridge, 1779), vol 2, book 2, chapter 10, sections 14 and 15, pages 72-76; and Hugonis Grotii, De Jure Belli et Pacis (Edinburgh: Andreas Anderson, 1707), book 2, chapter 9, section 5, p 124 17 (p 484) [No 85] The reasons assigned in an excellent little pamphlet lately published in this city deliberated, and concluded: Hamilton’s reference to “, an excellent little pamphlet” is to another Publius! The piece in question is John Jay’s An Address to the People of the State of New York, on the Subject of the Federal Constitution, Agreed upon at Philadelphia, the 17th of September, 1787 (New York: Samuel and John Loudon, 1788) Jay was probably the single most influential delegate at the New York Convention that ratified the Constitution by a narrow margin 18 (p 487) [No 85] *Hume’s Essays, vol 1, page 128 The rise of arts and sciences: Hamilton refers here to a book by political philosopher David Hume (1711-1776) called Essays, Moral and Political (Edinburgh: R Fleming and A Alison, 1741) There is much scholarly debate over the extent of Hume’s influence on Hamilton FOR FURTHER READING Adair, Douglass Fame and the Founding Fathers Edited by Trevor Colbourn New York: W.W Norton, 1974 Allen, W B., and Gordon Lloyd, eds The Essential Antifederalist New York: University Press of America, 1985 Bailyn, Bernard The Ideological Origins of the American Revolution Cambridge, MA: Harvard University Press, 1967 Banning, Lance The Sacred Fire of Liberty: James Madison and the Founding of the Federal Republic Ithaca, NY: Cornell University Press, 1995 Chernow, Ron Alexander Hamilton New York: Penguin, 2004 Elkin, Stanley M., and Eric McKitrick The Age of Federalism New York: Oxford University Press, 1993 Epstein, David F The Political Theory of “The Federalist.” Chicago: University of Chicago Press, 1984 Ferguson, Robert A Reading the Early Republic Cambridge, MA: Harvard University Press, 2004 — The Enlightenment in America, 1750—1820 Cambridge, MA: Harvard University Press, 1997 Furtwangler, Albert The Authority of Publius: A Reading of “The Federalist Papers ” Ithaca, NY: Cornell University Press, 1984 Greene, Jack P., ed The Reinterpretation of the American Revolution, 1763-1789 New York: Harper and Row, 1968 Koch, Adrienne, ed The American Enlightenment New York: George Braziller, 1965 Lutz, Donald S The Origins of American Constitutionalism Baton Rouge: Louisiana State University Press, 1988 Lutz, Donald S., ed Colonial Origins of the American Constitution: A Documentary History Indianapolis, IN: Liberty Fund, 1998 Main, Jackson Turner The Antifederalists: Critics of the Constitution, 1781-1788 Chapel Hill: University of North Carolina Press, 1961 May, Henry F The Enlightenment in America New York: Oxford University Press, 1976 Morris, Richard Brandon The Forging of the Union, 1781-1789 New York: Harper and Row, 1987 Potter, Kathleen O The Federalist’s Vision of Popular Sovereignty in the New American Republic New York: LFB Scholarly Publishing, 2002 Rakove, Jack N Original Meanings: Politics and Ideas in the Making of the Constitution New York: Alfred A Knopf, 1996 Rossiter, Clinton Lawrence 1787: The Grand Convention New York: Macmillan, 1966 Siemers, David J Ratifying the Republic: Antifederalists and Federalists in Constitutional Time Stanford, CA: Stanford University Press, 2002 Stahr, Walter John Jay: Founding Father New York: Hambledon and London, 2005 White, Morton The Philosophy of the American Revolution New York: Oxford University Press, 1978 Wills, Garry Explaining America: “The Federalist.” Garden City, NY: Doubleday, 1981 Wood, Gordon S The Creation of the American Republic, 1776-1787 Chapel Hill: University of North Carolina Press, 1969 The Radicalism of the American Revolution New York: Alfred A Knopf, 1992 a The same idea, tracing the arguments to their consequences, is held out in several of the late publications against the New Constitution [This and all footnotes in this volume are by Alexander Hamilton Annotations by the current editor, Robert A Ferguson, appear in the endnotes.] b ASPASIA, vide PLUTARCH’s life of Pericles c Madame Madame de Maintenon d Duchess of Marlborough e Madame de Pompadoure f THE LEAGUE OF CAMBRAY, comprehending the Emperor, the King of France, the King of Arragon, and most of the Italian Princes and States g The Duke of Marlborough h Vide Principes des Negotiations par l’Abbe de Mably i This objection will be fully examined in its proper place; and it will be shown that the only rational precaution which could have been taken on this subject, has been taken; and a much better one than is to be found in any Constitution that has been heretofore framed in America, most of which contain no guard at all on this subject j Spirit of Laws, Vol I Book IX Chap I k Recherches philosophiques sur les Americains.7 l I mean for the union m The subject of this and the two following numbers happened to be taken up by both Mr H and Mr M What had been prepared by Mr H who had entered more briefly into the subject, was left with Mr M on its appearing that the latter was engaged in it, with larger materials, and with a view to a more precise delineation; and from the pen of the latter, the several papers went to the Press [The above note from the pen of Mr Madison was written on the margin of the leaf, commencing with the present number, in the copy of the Federalist loaned by him to the publisher.] n This was but another name more specious for the independence of the members on the federal head o Pfeffel, Nouvel abreg chronol de l‘hist etc d’Allemagne, says, the pretext was to indemnify himself for the expense of the expedition p This, as nearly as I can recollect, was the sense of this speech on introducing the last bill q Encyclopedia, article Empire r New Hampshire, Rhode Island, New Jersey, Delaware, Georgia, South Carolina, and Maryland, are a majority of the whole number of the States, but they not contain one third of the people s Add New York and Connecticut to the foregoing seven, and they will still be less than a majority t This statement of the matter is taken from the printed collections of state constitutions Pennsylvania and North Carolina are the two which contain the interdiction in these words: “As standing armies in time of peace are dangerous to liberty, THEY OUGHT NOT to be kept up.” This is, in truth, rather a CAUTION than a PROHIBITION New Hampshire, Massachusetts, Delaware and Maryland have, in each of their bills of rights, a clause to this effect: “Standing armies are dangerous to liberty, and ought not be raised or kept up WITHOUT THE CONSENT OF THE LEGISLATURE;” which is a formal admission of the authority of the legislature New York has no bill of rights, and her constitution says not a word about the matter No bills of rights appear annexed to the constitutions of the other states, and their constitutions are equally silent I am told, however, that one or two states have bills of rights, which not appear in this collection; but that those also recognize the right of the legislative authority in this respect u The sophistry which has been employed, to show that this will tend to the destruction of the state governments will, in its proper place, be fully detected v Its full efficacy will be examined hereafter w The New England states x Connecticut and Rhode Island y Declaration of Independence z The King aa The constitution of this state has been since altered ab The constitution of this state has been since altered ac Burgh’s Political Disquisitions ad 1st Clause, 4th Section of the 1st Article ae Particularly in the southern states and in this state af In that of New Jersey, also, the final judiciary authority is in a branch of the legislature In New Hampshire, Massachusetts, Pennsylvania, and South Carolina, one branch of the legislature is the court for the trial of impeachments ag See Cato, No ah Article 1, Sec 3, Clause Vide Federal Farmer aj A writer in a Pennsylvania paper, under the signature of TAMONY, has asserted that the king of Great Britain owes his prerogatives, as commander in chief, to an annual mutiny bill The truth is, on the contrary, that his prerogative, in this respect, is immemorial, and was only disputed, “contrary to all reason and precedent,” as Blackstone, vol 1, page 262, expresses it, by the long parliament of Charles First; but by the statute the 13th of Charles Second, chap 6, it was declared to be in the king alone, for that the sole supreme government and command of the militia within his majesty’s realms and dominions, and of all forces by sea and land, and of all forts and places of strength, EVER WAS AND is the undoubted right of his majesty and his royal predecessors kings and queens of England, and that both or either house of parliament cannot nor ought to pretend to the same ak Vide Blackstone’s Commentaries, vol 1, page 257 al Candour however demands an acknowledgment, that I not think the claim of the governor to a right of nomination well founded Yet it is always justifiable to reason from the practice of a government, till its propriety has been constitutionally questioned And independent of this claim, when we take into view the other considerations, and pursue them through all their consequences, we shall be inclined to draw much the same conslusion am New York has no council except for the single purpose of appointing to offices; New Jersey has a council, whom the governor may consult But I think, from the terms of the constitution, their resolutions not bind him an De Lolme.13 ao Ten ap This was the case with respect to Mr Fox’s India bill, which was carried in the house of commons, and rejected in the house of lords, to the entire satisfaction, as it is said, of the people aq Mr Abraham Yates, a warm opponent of the plan of the convention, is of this number ar This construction has since been rejected by the legislature; and it is now settled in practice, that the power of displacing belongs exclusively to the president as The celebrated Montesquieu, speaking of them says, “of the three powers above mentioned, the JUDICIARY is next to nothing.” Spirit of Laws, vol 1, page 186 at Idem page 181 au Vide Protest of the minority of the convention of Pennsylvania, Martin’s speech, &C.14 av Vide Constitution of Massachusetts, Chap 2, Sect 1, Art 13.15 aw Article 3, Sec ax This power has been absurdly represented as intended to abolish all the county courts in the several states, which are commonly called inferior courts But the expressions of the constitution are to constitute “tribunals INFERIOR TO THE SUPREME COURT,” and the evident design of the provision is to enable the institution of local courts subordinate to the supreme, either in states or larger districts It is ridiculous to imagine that county courts were in contemplation ay This word is a compound of JUS and DICTIO, juris, dictio or a speaking or pronouncing of the law az I hold that the states will have concurrent jurisdiction with the subordinate federal judicatories, in many cases of federal cognizance, as will be explained in the next paper ba No XXXII bb Section 8th, Article 1st bc It has been erroneously insinuated, with regard to the court of chancery, that this court generally tries disputed facts by a jury The truth is, that references to a jury in that court rarely happen, and are in no case necessary but where the validity of a devise of land comes into question bd It is true that the principles by which that relief is governed are now reduced to a regular system; but it is not the less true that they are in the main applicable to SPECIAL circumstances, which form exceptions to general rules be Vide No LXXXI in which the supposition of its being abolished by the appellate jurisdiction in matters of fact being vested in the supreme court, is examined and refuted bf Vide Blackstone’s Commentaries, vol 1, page 136 bg Idem vol 4, page 438 bh To show that there is a power in the constitution, by which the liberty of the press may be affected, recourse has been had to the power of taxation It is said, that duties may be laid upon publications so high as to amount to a prohibition I know not by what logic it could be maintained, that the declarations in the state constitutions, in favour of the freedom of the press, would be a constitutional impediment to the imposition of duties upon publications by the state legislatures It cannot certainly be pretended that any degree of duties, however low, would be an abridgment of the liberty of the press We know that newspapers are taxed in Great Britain, and yet it is notorious that the press no where enjoys greater liberty than in that country And if duties of any kind may be laid without a violation of that liberty, it is evident that the extent must depend on legislative discretion, regulated by public opinion; so that after all general declarations respecting the liberty of the press, will give it no greater security than it will have without them The same invasions of it may be effected under the state constitutions which contain those declarations through the means of taxation, as under the proposed constitution, which has nothing of the kind It would be quite as significant to declare, that government ought to be free, that taxes ought not to be excessive, &c as that the liberty of the press ought not to be restrained bi Vide Rutherford’s Institutes, vol 2, book II, chap x, sect xiv, and xv Vide also Grotius, book 11, chap ix, sect viii, and ix.16 bj Entitled “An Address to the people of the state of New York.” bk It may rather be said TEN, for though two-thirds may set on foot the measure, three-fourths must ratify bl Hume’s Essays, vol 1, page 128 The rise of arts and sciences.18 ... - BY JAMES MADISON No 50 - BY JAMES MADISON No 51 - BY JAMES MADISON No 52 - BY JAMES MADISON No 53 - BY JAMES MADISON No 54 - BY JAMES MADISON No 55 - BY JAMES MADISON No 56 - BY JAMES MADISON. .. 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