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Federalist No. 7
The Same Subject Continued:
Concerning Dangers from Dissensions Between the States
For the Independent Journal.
Author: Alexander Hamilton
To the People of the State of New York:
IT IS sometimes asked, with an air of seeming triumph, what
inducements could the States have, if disunited, to make war
upon each other? It would be a full answer to this question to
say--precisely the same inducements which have, at different
times, deluged in blood all the nations in the world. But, unfortunately
for us, the question admits of a more particular answer. There
are causes of differences within our immediate contemplation,
of the tendency of which, even under the restraints of a federal
constitution, we have had sufficient experience to enable us
to form a judgment of what might be expected if those restraints
were removed.
Territorial disputes have at all times been found one of the
most fertile sources of hostility among nations. Perhaps the
greatest proportion of wars that have desolated the earth have
sprung from this origin. This cause would exist among us in full
force. We have a vast tract of unsettled territory within the
boundaries of the United States. There still are discordant and
undecided claims between several of them, and the dissolution
of the Union would lay a foundation for similar claims between
them all. It is well known that they have heretofore had serious
and animated discussion concerning the rights to the lands which
were ungranted at the time of the Revolution, and which usually
went under the name of crown lands. The States within the limits
of whose colonial governments they were comprised have claimed
them as their property, the others have contended that the rights
of the crown in this article devolved upon the Union; especially
as to all that part of the Western territory which, either by
actual possession, or through the submission of the Indian proprietors,
was subjected to the jurisdiction of the king of Great Britain,
till it was relinquished in the treaty of peace. This, it has
been said, was at all events an acquisition to the Confederacy
by compact with a foreign power. It has been the prudent policy
of Congress to appease this controversy, by prevailing upon the
States to make cessions to the United States for the benefit
of the whole. This has been so far accomplished as, under a continuation
of the Union, to afford a decided prospect of an amicable termination
of the dispute. A dismemberment of the Confederacy, however,
would revive this dispute, and would create others on the same
subject. At present, a large part of the vacant Western territory
is, by cession at least, if not by any anterior right, the common
property of the Union. If that were at an end, the States which
made the cession, on a principle of federal compromise, would
be apt when the motive of the grant had ceased, to reclaim the
lands as a reversion. The other States would no doubt insist
on a proportion, by right of representation. Their argument would
be, that a grant, once made, could not be revoked; and that the
justice of participating in territory acquired or secured by
the joint efforts of the Confederacy, remained undiminished.
If, contrary to probability, it should be admitted by all the
States, that each had a right to a share of this common stock,
there would still be a difficulty to be surmounted, as to a proper
rule of apportionment. Different principles would be set up by
different States for this purpose; and as they would affect the
opposite interests of the parties, they might not easily be susceptible
of a pacific adjustment.
In the wide field of Western territory, therefore, we perceive
an ample theatre for hostile pretensions, without any umpire
or common judge to interpose between the contending parties.
To reason from the past to the future, we shall have good ground
to apprehend, that the sword would sometimes be appealed to as
the arbiter of their differences. The circumstances of the dispute
between Connecticut and Pennsylvania, respecting the land at
Wyoming, admonish us not to be sanguine in expecting an easy
accommodation of such differences. The articles of confederation
obliged the parties to submit the matter to the decision of a
federal court. The submission was made, and the court decided
in favor of Pennsylvania. But Connecticut gave strong indications
of dissatisfaction with that determination; nor did she appear
to be entirely resigned to it, till, by negotiation and management,
something like an equivalent was found for the loss she supposed
herself to have sustained. Nothing here said is intended to convey
the slightest censure on the conduct of that State. She no doubt
sincerely believed herself to have been injured by the decision;
and States, like individuals, acquiesce with great reluctance
in determinations to their disadvantage.
Those who had an opportunity of seeing the inside of the transactions
which attended the progress of the controversy between this State
and the district of Vermont, can vouch the opposition we experienced,
as well from States not interested as from those which were interested
in the claim; and can attest the danger to which the peace of
the Confederacy might have been exposed, had this State attempted
to assert its rights by force. Two motives preponderated in that
opposition: one, a jealousy entertained of our future power;
and the other, the interest of certain individuals of influence
in the neighboring States, who had obtained grants of lands under
the actual government of that district. Even the States which
brought forward claims, in contradiction to ours, seemed more
solicitous to dismember this State, than to establish their own
pretensions. These were New Hampshire, Massachusetts, and Connecticut.
New Jersey and Rhode Island, upon all occasions, discovered a
warm zeal for the independence of Vermont; and Maryland, till
alarmed by the appearance of a connection between Canada and
that State, entered deeply into the same views. These being small
States, saw with an unfriendly eye the perspective of our growing
greatness. In a review of these transactions we may trace some
of the causes which would be likely to embroil the States with
each other, if it should be their unpropitious destiny to become
disunited.
The competitions of commerce would be another fruitful source
of contention. The States less favorably circumstanced would
be desirous of escaping from the disadvantages of local situation,
and of sharing in the advantages of their more fortunate neighbors.
Each State, or separate confederacy, would pursue a system of
commercial policy peculiar to itself. This would occasion distinctions,
preferences, and exclusions, which would beget discontent. The
habits of intercourse, on the basis of equal privileges, to which
we have been accustomed since the earliest settlement of the
country, would give a keener edge to those causes of discontent
than they would naturally have independent of this circumstance.
WE SHOULD BE READY TO DENOMINATE INJURIES THOSE THINGS WHICH
WERE IN REALITY THE JUSTIFIABLE ACTS OF INDEPENDENT SOVEREIGNTIES
CONSULTING A DISTINCT INTEREST. The spirit of enterprise, which
characterizes the commercial part of America, has left no occasion
of displaying itself unimproved. It is not at all probable that
this unbridled spirit would pay much respect to those regulations
of trade by which particular States might endeavor to secure
exclusive benefits to their own citizens. The infractions of
these regulations, on one side, the efforts to prevent and repel
them, on the other, would naturally lead to outrages, and these
to reprisals and wars.
The opportunities which some States would have of rendering
others tributary to them by commercial regulations would be impatiently
submitted to by the tributary States. The relative situation
of New York, Connecticut, and New Jersey would afford an example
of this kind. New York, from the necessities of revenue, must
lay duties on her importations. A great part of these duties
must be paid by the inhabitants of the two other States in the
capacity of consumers of what we import. New York would neither
be willing nor able to forego this advantage. Her citizens would
not consent that a duty paid by them should be remitted in favor
of the citizens of her neighbors; nor would it be practicable,
if there were not this impediment in the way, to distinguish
the customers in our own markets. Would Connecticut and New Jersey
long submit to be taxed by New York for her exclusive benefit?
Should we be long permitted to remain in the quiet and undisturbed
enjoyment of a metropolis, from the possession of which we derived
an advantage so odious to our neighbors, and, in their opinion,
so oppressive? Should we be able to preserve it against the incumbent
weight of Connecticut on the one side, and the co-operating pressure
of New Jersey on the other? These are questions that temerity
alone will answer in the affirmative.
The public debt of the Union would be a further cause of collision
between the separate States or confederacies. The apportionment,
in the first instance, and the progressive extinguishment afterward,
would be alike productive of ill-humor and animosity. How would
it be possible to agree upon a rule of apportionment satisfactory
to all? There is scarcely any that can be proposed which is entirely
free from real objections. These, as usual, would be exaggerated
by the adverse interest of the parties. There are even dissimilar
views among the States as to the general principle of discharging
the public debt. Some of them, either less impressed with the
importance of national credit, or because their citizens have
little, if any, immediate interest in the question, feel an indifference,
if not a repugnance, to the payment of the domestic debt at any
rate. These would be inclined to magnify the difficulties of
a distribution. Others of them, a numerous body of whose citizens
are creditors to the public beyond proportion of the State in
the total amount of the national debt, would be strenuous for
some equitable and effective provision. The procrastinations
of the former would excite the resentments of the latter. The
settlement of a rule would, in the meantime, be postponed by
real differences of opinion and affected delays. The citizens
of the States interested would clamour; foreign powers would
urge for the satisfaction of their just demands, and the peace
of the States would be hazarded to the double contingency of
external invasion and internal contention.
Suppose the difficulties of agreeing upon a rule surmounted,
and the apportionment made. Still there is great room to suppose
that the rule agreed upon would, upon experiment, be found to
bear harder upon some States than upon others. Those which were
sufferers by it would naturally seek for a mitigation of the
burden. The others would as naturally be disinclined to a revision,
which was likely to end in an increase of their own incumbrances.
Their refusal would be too plausible a pretext to the complaining
States to withhold their contributions, not to be embraced with
avidity; and the non-compliance of these States with their engagements
would be a ground of bitter discussion and altercation. If even
the rule adopted should in practice justify the equality of its
principle, still delinquencies in payments on the part of some
of the States would result from a diversity of other causes--the
real deficiency of resources; the mismanagement of their finances;
accidental disorders in the management of the government; and,
in addition to the rest, the reluctance with which men commonly
part with money for purposes that have outlived the exigencies
which produced them, and interfere with the supply of immediate
wants. Delinquencies, from whatever causes, would be productive
of complaints, recriminations, and quarrels. There is, perhaps,
nothing more likely to disturb the tranquillity of nations than
their being bound to mutual contributions for any common object
that does not yield an equal and coincident benefit. For it is
an observation, as true as it is trite, that there is nothing
men differ so readily about as the payment of money.
Laws in violation of private contracts, as they amount to
aggressions on the rights of those States whose citizens are
injured by them, may be considered as another probable source
of hostility. We are not authorized to expect that a more liberal
or more equitable spirit would preside over the legislations
of the individual States hereafter, if unrestrained by any additional
checks, than we have heretofore seen in too many instances disgracing
their several codes. We have observed the disposition to retaliation
excited in Connecticut in consequence of the enormities perpetrated
by the Legislature of Rhode Island; and we reasonably infer that,
in similar cases, under other circumstances, a war, not of PARCHMENT,
but of the sword, would chastise such atrocious breaches of moral
obligation and social justice.
The probability of incompatible alliances between the different
States or confederacies and different foreign nations, and the
effects of this situation upon the peace of the whole, have been
sufficiently unfolded in some preceding papers. From the view
they have exhibited of this part of the subject, this conclusion
is to be drawn, that America, if not connected at all, or only
by the feeble tie of a simple league, offensive and defensive,
would, by the operation of such jarring alliances, be gradually
entangled in all the pernicious labyrinths of European politics
and wars; and by the destructive contentions of the parts into
which she was divided, would be likely to become a prey to the
artifices and machinations of powers equally the enemies of them
all. Divide et impera [1] must
be the motto of every nation that either hates or fears us. [2]
PUBLIUS. 1.
Divide and command.
2. In order that the whole
subject of these papers may as soon as possible be laid before
the public, it is proposed to publish them four times a week--on
Tuesday in the New York Packet and on Thursday in the Daily Advertiser.
Federalist No. 8 -->
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