“Men often oppose a thing merely because they have had no agency in planning it, or because it may have been planned by those whom they dislike.”
But quitting the dim light of historical research, attaching ourselves
purely to the dictates of reason and good sense, we shall discover much
greater cause to reject than to approve the idea of plurality in the
Executive, under any modification whatever.
Wherever two or more persons are engaged in any common enterprise or
pursuit, there is always danger of difference of opinion. If it be a
public trust or office, in which they are clothed with equal dignity
and authority, there is peculiar danger of personal emulation and even
animosity. From either, and especially from all these causes, the most
bitter dissensions are apt to spring. Whenever these happen, they
lessen the respectability, weaken the authority, and distract the plans
and operation of those whom they divide. If they should unfortunately
assail the supreme executive magistracy of a country, consisting of a
plurality of persons, they might impede or frustrate the most important
measures of the government, in the most critical emergencies of the
state. And what is still worse, they might split the community into the
most violent and irreconcilable factions, adhering differently to the
different individuals who composed the magistracy.
Men often oppose a thing, merely because they have had no agency in
planning it, or because it may have been planned by those whom they
dislike. But if they have been consulted, and have happened to
disapprove, opposition then becomes, in their estimation, an
indispensable duty of self-love. They seem to think themselves bound in
honor, and by all the motives of personal infallibility, to defeat the
success of what has been resolved upon contrary to their sentiments.
Men of upright, benevolent tempers have too many opportunities of
remarking, with horror, to what desperate lengths this disposition is
sometimes carried, and how often the great interests of society are
sacrificed to the vanity, to the conceit, and to the obstinacy of
individuals, who have credit enough to make their passions and their
caprices interesting to mankind. Perhaps the question now before the
public may, in its consequences, afford melancholy proofs of the
effects of this despicable frailty, or rather detestable vice, in the
human character.
Upon the principles of a free government, inconveniences from the
source just mentioned must necessarily be submitted to in the formation
of the legislature; but it is unnecessary, and therefore unwise, to
introduce them into the constitution of the Executive.
“Why has government been instituted at all? Because the passions of man will not conform to the dictates of reason and justice without constraint.”
In an association where the general authority is confined to
the collective bodies of the communities, that compose it, every breach
of the laws must involve a state of war; and military execution must
become the only instrument of civil obedience. Such a state of things
can certainly not deserve the name of government, nor would any prudent
man choose to commit his happiness to it.
There was a time when we were told that breaches, by the States, of the
regulations of the federal authority were not to be expected; that a
sense of common interest would preside over the conduct of the
respective members, and would beget a full compliance with all the
constitutional requisitions of the Union. This language, at the present
day, would appear as wild as a great part of what we now hear from the
same quarter will be thought, when we shall have received further
lessons from that best oracle of wisdom, experience. It at all times
betrayed an ignorance of the true springs by which human conduct is
actuated, and belied the original inducements to the establishment of
civil power. Why has government been instituted at all? Because the
passions of men will not conform to the dictates of reason and justice,
without constraint. Has it been found that bodies of men act with more
rectitude or greater disinterestedness than individuals? The contrary
of this has been inferred by all accurate observers of the conduct of
mankind; and the inference is founded upon obvious reasons. Regard to
reputation has a less active influence, when the infamy of a bad action
is to be divided among a number than when it is to fall singly upon
one. A spirit of faction, which is apt to mingle its poison in the
deliberations of all bodies of men, will often hurry the persons of
whom they are composed into improprieties and excesses, for which they
would blush in a private capacity.
In addition to all this, there is, in the nature of sovereign power, an
impatience of control, that disposes those who are invested with the
exercise of it, to look with an evil eye upon all external attempts to
restrain or direct its operations. From this spirit it happens, that in
every political association which is formed upon the principle of
uniting in a common interest a number of lesser sovereignties, there
will be found a kind of eccentric tendency in the subordinate or
inferior orbs, by the operation of which there will be a perpetual
effort in each to fly off from the common centre.
“Learn to think continentally.”
Our principal reasons were,
_Firstly_: By referring the lines to their respective States, those
which were opposed to the half pay, would have taken advantage of
the officers’ necessities, to make the commutation far short of an
equivalent. _Secondly_: The inequality which would have arisen in the
different States when the officers came to compare (as has happened in
other cases), would have been a new source of discontent. _Thirdly_:
Such a reference was a continuance of the old wretched State system,
by which the ties between Congress and the army have been nearly
dissolved; by which the resources of the States have been diverted from
the common treasury, and wasted; a system which your Excellency has
often justly reprobated.
I have gone to these details, to give you a just idea of the parties
in Congress. I assure you, upon my honor, sir, I have given you a
candid state of facts, to the best of my judgment. The men against
whom the suspicions you mention must be directed, are, in general,
the most sensible, the most liberal, the most independent, and
the most respectable characters in our body, as well as the most
unequivocal friends to the army. In a word, they are the men who think
continentally.
I have the honor to be,
With sincere respect and esteem,
Your Excellency’s
Most obedient servant,
A. Hamilton.
P. S. I am chairman of a committee for peace arrangements. We shall
ask your Excellency’s opinion at large, on a proper military peace
establishment. I will just hint to your Excellency, that our prejudices
will make us wish to keep up as few troops as possible.
We this moment learn, an officer is arrived from Sir Guy Carleton with
dispatches; probably official accounts of peace.
A. H.
To His Excellency General Washington.
HAMILTON TO WASHINGTON.
Philadelphia, April 15, 1783.
Sir:
There are two resolutions passed relative to the restoration of the
British prisoners, and to making arrangements for the surrender of the
posts in the possession of the British troops; the first of which
is to be transacted by you in conjunction with the Secretary at War;
the latter by yourself alone.
“A national debt, if it is not excessive, will be to us a national blessing.”
The surplus of four millions, which is two hundred and eighty-four
thousand, six hundred and sixty-six, and two-thirds, dollars, and the
funds appropriated to the payment of the other debts which will revert
to the public at the end of thirty years, will be a sufficient fund
for the redemption of this debt in about thirty-five years: so that,
according to my plan, at the end of thirty-five years these States have
paid off the whole debt contracted on account of the war; and, in the
mean time, will have a clear revenue of four millions of dollars, for
defraying the expenses of their civil and military establishments.
This calculation supposes the ability of these States for revenue to
continue the same as they now are, which is a supposition both false
and unfavorable. Speaking within moderate bounds, our population will
be doubled in thirty years; there will be a confluence of emigrants
from all parts of the world; our commerce will have a proportionable
progress; and of course our wealth and capacity for revenue. It will be
a matter of choice if we are not out of debt in twenty years, without
at all encumbering the people.
A national debt, if it is not excessive, will be to us a national
blessing. It will be a powerful cement of our Union. It will also
create a necessity for keeping up taxation to a degree which, without
being oppressive, will be a spur to industry, remote as we are from
Europe, and shall be from danger. It were otherwise to be feared our
popular maxims would incline us to too great parsimony and indulgence.
We labor less now than any civilized nation of Europe; and a habit of
labor in the people, is as essential to the health and vigor of their
minds and bodies, as it is conducive to the welfare of the State. We
ought not to suffer our self-love to deceive us in a comparison upon
these points.
I have spun out this letter to a much greater length than I intended.
To develope the whole connection of my ideas on the subject, and
place my plan in the clearest light, I have indulged myself in many
observations which might have been omitted. I shall not longer intrude
upon your patience than to assure you of the sincere sentiments of
esteem with which I have the honor to be,
Sir, your most obedient and humble servant,
A.
“When the sword is once drawn, the passions of men observe no bounds of moderation”
Independent of this motive of sympathy, if
a large and influential State should happen to be the aggressing
member, it would commonly have weight enough with its neighbors to win
over some of them as associates to its cause. Specious arguments of
danger to the common liberty could easily be contrived; plausible
excuses for the deficiencies of the party could, without difficulty, be
invented to alarm the apprehensions, inflame the passions, and
conciliate the good-will, even of those States which were not
chargeable with any violation or omission of duty. This would be the
more likely to take place, as the delinquencies of the larger members
might be expected sometimes to proceed from an ambitious premeditation
in their rulers, with a view to getting rid of all external control
upon their designs of personal aggrandizement; the better to effect
which it is presumable they would tamper beforehand with leading
individuals in the adjacent States. If associates could not be found at
home, recourse would be had to the aid of foreign powers, who would
seldom be disinclined to encouraging the dissensions of a Confederacy,
from the firm union of which they had so much to fear. When the sword
is once drawn, the passions of men observe no bounds of moderation. The
suggestions of wounded pride, the instigations of irritated resentment,
would be apt to carry the States against which the arms of the Union
were exerted, to any extremes necessary to avenge the affront or to
avoid the disgrace of submission. The first war of this kind would
probably terminate in a dissolution of the Union.
This may be considered as the violent death of the Confederacy. Its
more natural death is what we now seem to be on the point of
experiencing, if the federal system be not speedily renovated in a more
substantial form. It is not probable, considering the genius of this
country, that the complying States would often be inclined to support
the authority of the Union by engaging in a war against the
non-complying States. They would always be more ready to pursue the
milder course of putting themselves upon an equal footing with the
delinquent members by an imitation of their example. And the guilt of
all would thus become the security of all. Our past experience has
exhibited the operation of this spirit in its full light.
“A constitution is, in fact, and must be regarded by judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the Legislative body. If there should happen to be an irreconcilable variance between the two, that which has superior obligation and validity ought, of course, to be preferred; or, in other words, the constitution ought to be preferred to the statute.”
To deny this,
would be to affirm, that the deputy is greater than his principal; that
the servant is above his master; that the representatives of the people
are superior to the people themselves; that men acting by virtue of
powers, may do not only what their powers do not authorize, but what
they forbid.
If it be said that the legislative body are themselves the
constitutional judges of their own powers, and that the construction
they put upon them is conclusive upon the other departments, it may be
answered, that this cannot be the natural presumption, where it is not
to be collected from any particular provisions in the Constitution. It
is not otherwise to be supposed, that the Constitution could intend to
enable the representatives of the people to substitute their WILL to
that of their constituents. It is far more rational to suppose, that
the courts were designed to be an intermediate body between the people
and the legislature, in order, among other things, to keep the latter
within the limits assigned to their authority. The interpretation of
the laws is the proper and peculiar province of the courts. A
constitution is, in fact, and must be regarded by the judges, as a
fundamental law. It therefore belongs to them to ascertain its meaning,
as well as the meaning of any particular act proceeding from the
legislative body. If there should happen to be an irreconcilable
variance between the two, that which has the superior obligation and
validity ought, of course, to be preferred; or, in other words, the
Constitution ought to be preferred to the statute, the intention of the
people to the intention of their agents.
Nor does this conclusion by any means suppose a superiority of the
judicial to the legislative power. It only supposes that the power of
the people is superior to both; and that where the will of the
legislature, declared in its statutes, stands in opposition to that of
the people, declared in the Constitution, the judges ought to be
governed by the latter rather than the former. They ought to regulate
their decisions by the fundamental laws, rather than by those which are
not fundamental.
This exercise of judicial discretion, in determining between two
contradictory laws, is exemplified in a familiar instance. It not
uncommonly happens, that there are two statutes existing at one time,
clashing in whole or in part with each other, and neither of them
containing any repealing clause or expression. In such a case, it is
the province of the courts to liquidate and fix their meaning and
operation. So far as they can, by any fair construction, be reconciled
to each other, reason and law conspire to dictate that this should be
done; where this is impracticable, it becomes a matter of necessity to
give effect to one, in exclusion of the other.
“Men give me credit for some genius. All the genius I have is this. When I have a subject in mind. I study it profoundly. Day and night it is before me. My mind becomes pervaded with it... the effort which I have made is what people are pleased to call the fruit of genius. It is the fruit of labor and thought.”
“A well adjusted person is one who makes the same mistake twice without getting nervous.”
“Those who stand for nothing fall for anything.”
“Constitutions should consist only of general provisions; the reason is that they must necessarily be permanent, and that they cannot calculate for the possible change of things”
“Man is a reasoning rather than a reasonable animal.”
“A promise must never be broken”
“Such a wife as I want... must be young, handsome I lay most stress upon a good shape, sensible a little learning will do, well-bread, chaste, and tender. As to religion, a moderate stock will satisfy me. She must believe in God and hate a saint.”
“Those who do not industrialize become hewers of wood and haulers of water.”
“Power over a mans subsistence is power over his will.”
“Your people, sir, is nothing but a great beast”
“I have learned to hold popular opinion of no value”
“I think the first duty of society is justice”
“Even to observe neutrality you must have a strong government.”
“ Ah, this is the constitution, he said. Now, mark my words. So long as we are a young and virtuous people, this instument will bind us together in mutual interests, mutual welfare, and mutual happiness. But when we become old and corrupt, it will bind no longer.”