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Essay. Page
C. the greater danger that the delegated authority of the
Fœderal government will be invaded by the State
governments,... No. XVII. 108
a. from the superior influence which they will exercise
over the People,. . . . . .
108
1. from the diffusive construction of the Fœderal gov-
ernment,.......
i. from the nature of the objects of local control,.... 108
b. the general subject considered,..
169
i. enforced by argument,....
..
109
ii. illustrated from the history of the feudal system,. 110
iii. illustrated from the history of Scotland,......... 111
iv. illustrated from the history of the Amphictyonic
league,.......
.XVIII. 112
v. illustrated from the history of the Achæan league, 115
vi. illustrated from the history of the Germanic
league,...
.XIX. 119
125
vii. illustrated from the history of Poland,.
viii. illustrated from the history of Switzerland,...... 125
ix. illustrated from the history of the United Nether-
lands,.....
K. concluding remarks,..
B. "the total want of a SANCTION to its laws,".
.XX. 126
A. the Fœderal government possesses no power to exact obe-
dience,.....
132
B. the Fœderal government possesses no power to punish dis-
obedience,....
c. the Fœderal government has received no express delegation
of authority to use force against the States,.. . .
C. "the want of a mutual guaranty of the State governments," 133
A. the consequent absence of authority in the Fœderal govern-
ment to assist a State in enforcing its own laws,...................
B. the danger of an "officious interference in the domestic
concerns of its members" by the Federal government
considered,....
134
...... 134
D. "the principle of regulating the contributions of the States
to the common treasury, by quotas,”.
135
A. the standard of constitutional wealth,.
B. the causes on which it is dependent,.
136
c. the rule of the confederation, on taxation, is unequal and
oppressive,
D. this cause alone is sufficient to work the destruction of the
Union,....
z. the remedy proposed for this evil,...
137
a. the advantages of taxes on articles of consumption,..... 137
b. the advantages attending indirect taxation,.
138
E. "the want of a power to regulate commerce,"....No. XXII. 139
A. it operates as a bar to the formation of commercial treaties, 139
B. it has given occasion for dissatisfaction between the States, 139
F. the raising of troops by quotas,..
A. it produces great expense in raising troops,..
140
B. it is not conducive to a vigorous system of defence,...... 140
c. it is unequal in the burden it imposes on the several States, 141
G. the right of equal suffrage among the States, in the Congress, 141
▲ arising from the inequality of weight among the States,.. 142
a. objection that sovereigns are equal, answered,.........................
b. objection that "a majority of the States will be a major-
ity of confederated America," answered,.......
142
c. objection that two thirds of the States, in approval, are
necessary to the most important acts,.
A. the mischief which is incident to the last-named rule, 143
B. the danger from foreign corruption which it imposes, 144
a. republics particularly exposed to this evil,.
b. instances when this evil has prevailed,..
145
146
A. to expound and define the true meaning and operation of
the laws,..
B. to ascertain the true import of treaties with foreign na-
tions,...
c. to secure uniformity in the decision of the judges,.
1. "the organization of Congress utterly improper for the ex-
ercise of those powers which are necessary to a Fœderal
Union,.....
147
148
J. the existing Fœderal system never had a ratification by the
PEOPLE,...
IV. "THE NECESSITY OF A GOVERNMENT AT LEAST
EQUALLY ENERGETIC WITH THE ONE proposed,
TO THE ATTAINMENT OF THIS OBJECT" [the preser-
vation of the Union],.......
149
...XXIII. 150
1. concerning "the objects to be provided for by the Federal
government,"
150
A. "the common defence of the members,”.
A.
"the authorities essential to the care of the common de-
fence," ......
c. "to prescribe rules for the government of both" the ar-
mies and the fleets,...
150/
d. "to direct their operations,”.
to provide for their support,"
.........
"these powers ought to exist without limitation," No. XXIII. 150
a. "because it is impossible to foresee or define the extent
and variety of national exigencies,".
..... 150, 151
b. because it is impossible to foresee "the extent and
variety of means which may be necessary to satisfy"
those exigencies,.
150, 151
c. this principle fully recognized in the Articles of Confed-
eration,.....
151
d. no "proper or adequate provision for its exercise”
made in those articles,..
e. the expectations concerning it of the framens of those
articles, .
152
f. "this expectation was ill-founded and illusory,".
g. the effect of that failure,......
h. the remedy therefor, the measures proposed in the new
Constitution,...
c. objection, the danger of standing armies, considered,
XXIV. 156
a. the powers referred to are delegated to the LEGISLA
TIVE department, not to the EXECUTIVE of the Union, 156
b. the Congress itself, in the exercise of the powers re-
ferred to, is expressly limited by the terms of the
proposed Constitution,...
157
c. the State constitutions, with two exceptions, contain no
interdiction of standing armies, in time of peace,.. ...... 157
d. the Articles of Confederation "had not imposed a single
restraint on the authority of the United States on
this subject,....
... 158
e. the constant danger of the United States from foreign
and Indian hostilities renders such authority in the
Fœderal government necessary,..
.....
159
f. the growing commerce of the United States demands a
navy for its protection,..... .... 161
D. objection," that the objects enumerated above ought to
be provided for by the State governments," considered,
XXV. 162
a. "it would be an inversion of the primary principle of
our political association," by transferring the care of
the common defence to the individual members of the
162
A. the result of which would be "oppressive to some
States,".
B. it might become dangerous to all the States, through
the inefficiency or inability of some of them,.... 163
C. it would create jealousy by increasing the military
power of some of the States,..
.......
163
D. it might afford temptation for invading the constitu-
tional authority of the Union,. . . . . . . . . . . . No. XXV. 163
b. the provisions of the Articles of Confederation on State
military and naval establishments, referred to,........ 164
E. the impropriety of restraining the discretion of Congress,
on keeping up armies, further considered,..
a. the uncertainty of the period or extent of the danger to
be guarded against, .
164
b. it presumes a possibility of collusion between the Con-
gress and the executive, in schemes of usurpation,.... 165
P. the impropriety of restraining Congress in raising armies
in times of peace considered,...
G. the objection that "the militia of the country is its natu-
ral bulwark," considered,...
165
166
c. standing armies sometimes necessary in times of external
peace,
167
A. instance of Pennsylvania, notwithstanding her Bill of
Rights,.......
B. instance of Massachusetts, notwithstanding the Arti-
cles of Confederation,.....
H. the danger of "fettering the government with restric-
tions" considered,..
1. "the idea of restraining the legislative authority, in the
means of providing for the national defence," further con-
sidered,...
a. its origin,......
b. it never found much favor in America,.
.XXVI. 169
J. "the idea which aims at the exclusion of military estab-
lishments in times of peace," further considered,.... 170
a. its origin and progress,..
...
b. vesting authority on the subject in the Congress, a suffi-
cient safeguard,....
170
.... 171
A. because the subject must be reconsidered every two
years,
173
B. because "schemes to subvert the liberties of a people
require time to mature them for execution," which
cannot be secured, ......
174
C. objection, that the executive may seize supplies, an-
swered,....
175
D. an appeal for the Union based on this objection,...... 175
B. concerning the administration of the laws,.
XXVII. 176
A. the assertion that the laws which the Constitution au-
thorizes cannot be executed without the aid of a military
force, considered,.....
176
Essay Page
a. unless the Fœderal government shall be worse admin-
istered than the State governments, there will be no
danger from popular ill-will, .............No. XXVII. 176
b. it is probable that the former will be better administered
than the latter,.
177
A. from the greater latitude of choice, in the selection of
officers,
... 177
B. from the peculiar care and judgment with which the
Fœderal Senate will be composed,
C. from the superior intelligence of the Fœderal Con-
gress,....
D. from the absence of faction therein,.
... 178
c. there will be less liability to sedition, because there will
be a greater power to suppress it,.....
d. the Fœderal government "will be strengthened by its
extension to matters of internal concern,".
.... 178
B. the proposed form of government "bids much fairer to
avoid the necessity of using force," than that proposed
by its opponents,....
... 179
a. because "it enables the Foederal government to employ
the ordinary magistracy of each State, in the execution
of its laws,'
179
b. because it displays to the People the common origin of
both the Fœderal and the State governments,......... 179
c. because it conveys to the People the consideration of its
superior power to enforce obedience, and thereby checks
disaffection,
A. "the laws of the confederacy, as to the enumerated
and legitimate objects of its jurisdiction, the SUPREME
LAW of the land,".
........
180
o. "there may happen cases in which the National govern-
ment may be necessitated to resort to force,"... XXVIII. 181
a. in which cases force must be employed,...
A. examples referred to, in the individual States,
B. it would be equally necessary in the plan proposed by
the opponents of the new system,....
181
182
b. it will be entirely controlled by the representatives of .
the People,.......
... 183
A. if the Congress betrays the People there is no remedy
but "the original right of self-defence, which is para-
mount to all positive forms of government,”........ 183
B. in that case it may be remedied better than if a State
government should be similarly treacherous,...
C. the State governments the greatest security against
Fœderal usurpations of power by the Federal au-
thorities...
183
185