Part 21

Complete acts of legislation, which are to become the supreme law of the land, ought to be the united act of all the branches of government; but there is one of the most important duties may be managed by the Senate and executive alone, and to have all the force of the law paramount without the aid or interference of the House of Representatives; that is the power of making treaties. This power is a very important one, and may be exercised in various ways, so as to affect your person and property, and even the domain of the nation. By treaties you may defalcate part of the empire; engagements may be made to raise an army, and you may be transported to Europe, to fight the wars of ambitious princes; money may be contracted for, and you must pay it; and a thousand other obligations may be entered into; all which will become the supreme law of the land, and you are bound by it. If treaties are erroneously or wickedly made who is there to punish,—the executive can always cover himself with the plea that he was advised by the senate, and the senate being a collective body are not easily made accountable for mal-administration. On this account we are in a worse situation than Great Britain, where they have secured by a ridiculous fiction, the king from accountability, by declaring that he can do no wrong, by which means the nation can have redress against his minister; but with us infallibility pervades every part of the system, and neither the executive nor his council, who are a collective body, and his advisers, can be brought to punishment for mal-administration.

CATO.

Cato, VII.

The New York Journal, (Number 2181)

THURSDAY, JANUARY 3, 1788.

For the New York Journal, &c.

TO THE CITIZENS OF THE STATE OF NEW YORK.

That the president and senate are further improperly connected will appear, if it is considered that their dependence on each other will prevent either from being a check upon the other; they must act in concert, and whether the power and influence of the one or the other is to prevail, will depend on the character and abilities of the men who hold those offices at the time. The senate is vested with such a proportion of the executive that it would be found necessary that they should be constantly sitting. This circumstance did not escape the convention, and they have provided for the event, in the 2d article, which declares that the executive may, on extraordinary occasions, _convene both houses or either of them_. No occasion can exist for calling the assembly without the senate; the words _or either of them_ must have been intended to apply only to the senate. Their wages are already provided for, and it will be therefore readily observed that the partition between a perpetuation of their sessions, and a perpetuation of offices in the progress of the government, will be found to be but thin and feeble. Besides, the senate, who have the sole power to try all impeachments, in case of the impeachment of the president are to determine, as judges, the propriety of the advice they gave him as senators. Can the senate in this, therefore, be an impartial judicature? And will they not rather serve as a screen to great public defaulters?

Among the many evils that are incorporated in this new system of government is that of congress having the power of making or altering the regulations prescribed by the different legislatures respecting the time, place and manner of holding elections for representatives, and the time and manner of choosing senators. If it is enquired in what manner this regulation may be exercised to your injury, the answer is easy. By the first article the house of representatives shall consist of members, chosen every second year by the people of the several states who are qualified to vote for members of their several state assemblies; it can therefore readily be believed, that the different state legislatures, provided such can exist after the adoption of this government, will continue those easy and convenient modes for the election of representatives for the national legislature that are in use for the election of members of assembly for their own states; but the congress have, by the constitution, a power to make other regulations or alter those in practice, prescribed by your own state legislatures; hence, instead of having the places of elections in the precincts and brought home almost to your own doors, congress may establish a place, or places, at either the extremes, center or outer parts of the states; at a time and season, too, when it may be very inconvenient to attend; and by these means destroy the rights of election. But in opposition to this reasoning, it is asserted, that it is a necessary power, because the states might omit making rules for the purpose, and thereby defeat the existence of that branch of the government; this is what logicians call _argumentum absurdum_; for the different states, if they will have any security at all in this government, will find it in the house of representatives, and they, therefore, would be very ready to eradicate a principle in which it dwells, or involve their country in an instantaneous revolution. Besides, if this was the apprehension of the framers, and the ground of that provision, why did not they extend this controlling power to the other duties of the several state legislatures? To exemplify this, the states are to appoint senators and electors for choosing of a president; but the time is to be under the direction of congress. Now, suppose they were to omit the appointment of senators and electors, though congress was to appoint the time, which might well be apprehended, as the omission of regulations for the election of members of the house of representatives, provided they had that power; or suppose they were not to meet at all; of course, the government cannot proceed in its exercise. And from this motive or apprehension, congress ought to have taken these duties entirely in their own hands, and, by a decisive declaration, annihilated them, which they in fact have done by leaving them without the means of support, or at least resting on their bounty. To this the advocates for this system oppose the common, empty declamation, that there is no danger that congress will abuse this power; but such language, as relative to so important a subject, is mere vapor, and formed without sense. Is it not in their power, however, to make such regulations as may be inconvenient to you? It must be admitted, because the words are unlimited in their sense. It is a good rule, in the construction of a contract, to suppose that what may be done will be; therefore, in considering this subject, you are to suppose that in the exercise of this government, a regulation of congress will be made for holding an election for the whole state at Poughkeepsie, at New York, or, perhaps, at Fort Stanwix; who will then be the actual electors for the house of representatives? You ought certainly to have as much or more distrust with respect to the exercise of these powers by congress, than congress ought to have with respect to the exercise of those duties which ought to be entrusted to the several states, because over them congress can have a legislative controlling power.

Hitherto we have tied up our rulers in the exercise of their duties by positive restrictions; if the cord has been drawn too tight, loosen it to the necessary extent, but do not entirely unbind them. I am no enemy to placing a reasonable confidence in them, but such an unbounded one as the advocates and framers of this new system advise you to, would be dangerous to your liberties; it has been the ruin of other governments, and will be yours, if you adopt with all its latitudinal power. Unlimited power in governors as well as individuals is frequently the parent of deception. What facilitated the corrupt designs of Philip of Macedon and caused the ruin of Athens, but the unbounded confidence in their statesmen and rulers? Such improper confidence Demosthenes was so well convinced had ruined his country, that in his second Philippic oration he remarks “that there is one common bulwark with which men of prudence are naturally provided, the guard and security of all people, particularly of free states, against the assaults of tyrants. What is this? Distrust. Of this be mindful; to this adhere; preserve this carefully, and no calamity can affect you.” Montesquieu observes that “the course of government is attended with an insensible descent to evil, and there is no reascending to good without very great efforts.” The plain influence from this doctrine is, that rulers in all governments will erect an interest separate from the ruled, which will have a tendency to enslave them. There is, therefore, no other way of interrupting this insensible descent and warding off the evil as long as possible, than by establishing principles of distrust on your constituents, and cultivating the sentiment among yourselves. But let me inquire of you, my countrymen, whether the freedom and independence of elections is a point of magnitude? If it is, what kind of a spirit of amity, deference and concession is that which has put in the power of congress, at one stroke, to prevent your interference in government, and do away your liberties forever? Does either the situation or circumstances of things warrant it?

CATO.

THE LETTERS OF CÆSAR, WRITTEN BY ALEXANDER HAMILTON.

Printed In The Daily Advertiser, October, 1787.

Note.

These letters, from what has already been quoted on page 245, were evidently written by Alexander Hamilton. He had just finished a newspaper controversy of a very acrimonious character with George Clinton, which probably caused these letters to be an attack on the writer of _Cato_, rather than a defense of the new government. They are further evidence of the great want of political tact and sympathy with the masses, of which Hamilton gave so many specimens in his short life, and which alone prevented his political success. That he himself realized this mistake is shown by his prompt abandonment of _Cæsar_ and his beginning again anew in _The Federalist_; the latter being a singular and interesting contrast in both tone and argument to these earlier writings, which, it should be also considered, were undoubtedly written in great haste.

Cæsar, I.

The Daily Advertiser, (Number 812)

MONDAY, OCTOBER 1, 1787.

The citizens of the State of New York have received yesterday, from _Cato_ (an ally of _Pompey_, no doubt), an introductory discourse on the appearance of the new system for the government of the United States: this, we are told, will be followed by such observations, on the constitution proposed to the union, “as will promote our welfare and be justified by reason and truth.” There is, in this preparatory lecture, little that is necessary to be dwelt on just now; and if Cato had not possessed his future investigations in such terms as wore a _questionable shape_, they should have passed unheeded.

Cato tells us that he will not _directly engage as an advocate_ for this new form of government, or as an _opponent_. Here Cato, without any dispute, acts prudently. It will be wise in him to rest awhile; since he has given a _preface_, which, with small address, can easily be made to work on either side. When the sentiments of the confederate states come to be generally known it will be time enough to proceed. Cato will then _start fair_. A little caution, however, he thinks necessary to be given the meantime. “Do not,” says this prudent censor, in addressing the citizens, “because you will admit that _something_ must be done, adopt _anything_.” What, in the name of common sense, does this injunction import? I appeal to men of understanding, whether it is not obviously the language of distrust, calculated, as far as such a thing can influence, to prejudice the public opinion against the new constitution; and, in effect, by a periphrastic mode of speech, recommending the rejection of it? “_Teach_ the members of the Convention (Cato _very modestly_ goes on) that you are capable of supervision of their conduct; the same medium that gave you this system, if it is erroneous, while the door is now open, can make amendments _or give you another_.” O excellent thought, and happily advised! Be clamorous, my friends—be discontented—assert your prerogative—forever assert the power and _majesty of the people_. I am not willing to suspect any man’s intentions, when they aim at giving information; but when they come abroad, couched in such _magisterial_ terms, I own I feel some indignation. If this demagogue had talents to throw light on the subject of legislation, why did he not offer them when the Convention was in session? If they had been judged useful, no doubt they would have been attended to. But is this _now a time_ for such insinuations? Has not the wisdom of America been drawn, as it were, into a focus, and the proffered constitution sent forth with a unanimity that is unequalled in ancient or modern story? And shall we now wrangle and find fault with the _excellent whole_, because, perhaps some of its parts _might have been_ more perfect? There is neither virtue or patriotism in such conduct. Besides, how can Cato say, “that the door is now open to receive any amendments, or give us _another constitution_, if required?” I believe he has advanced this without proper authority. I am inclined to believe that the _door of recommendation is shut and cannot be opened by the same men_; that the Convention, in one word, is dissolved; if so we must reject IN TOTO, or _vice versa_; just take it as it is and be thankful. I deny the similarity betwixt the present constitution and that of the United Netherlands. Cato would have drawn a very melancholy picture, but it won’t apply. In my most humble opinion, it has a much greater affinity with the government, which, in all human probability, will remain when the history of the Seven Provinces shall be forgotten. Cato tells us (what all America knows by this time) that the new constitution comes sanctioned with the approbation of General Washington; and, though he appears to have some reverence for that great patriot chief, yet he very sagaciously observes, that the _best and wisest man may err_; and thence asserts, that every man in _politics_, as well as in religion, ought to judge for himself. This paragraph needs no comment, and, for that reason, I shall not touch it; but with all deference to Cato’s penetration, I would recommend to him, instead of entering into fruitless discussion of what has come from so many _clear heads_ and _good hearts_, to join his fellow-citizens, and endeavor to reconcile this _excellent constitution_ to the _weak_, the _suspicious_, and the _interested_, who will be chiefly opposed to it, as soon as possible. I would also advise him to give his vote (as he will probably be one of the Electors) to the American Fabius; it will be more healthy for this country, and _this state_, that he should be induced to accept of the presidency of the new government, than that he should be solicited again to accept of the command of _an army_.

Cato, it appears, intends to adventure on perilous grounds; it will therefore become him to be cautious on what terms he takes the field. “He advises us to attach ourselves to measures, and not to men.” In this instance he advises well; and I heartily recommend it to _himself_, and not to forget the force of that important admonition; for Cato, in his future marches, will very probably be _followed_ by

CÆSAR.

Friday.

Cæsar, II.

The Daily Advertiser, (Number 826)

WEDNESDAY, OCTOBER 17, 1787.

For the Daily Advertiser.

“The great source of all the evils which afflict Republics, is, that the people are too apt to make choice of rulers, who are either Politicians without being Patriots, or Patriots without being Politicians.”

MR. CHILDS:

When I took notice of Cato’s prefatory address to the Citizens of the State of New York, in your paper of the first instant, I had no serious intention of becoming a controversial defendant of the new constitution. Indeed, if the system required defence, I was neither so weak nor so vain as to suppose myself competent to the task. To obviate difficulties which may arise, when such weighty affairs as the principles of legislation are under discussion, I am sensible requires talents far beyond my limited abilities. When I offered a few remarks on Cato’s introduction, I was strongly impressed with the idea that even the most substantial criticisms, promulgated by the most influential _avowed Citizens_, could have no good tendency at _this time_. I viewed the public mind as wound up to a great pitch of dissatisfaction, by the inadequacy of the powers of the present Congress to the general good and conversation of the union. I believed then, as I do now, that the people were determined and prepared for a _change_. I conceived, therefore, that the wish of every good man would be, that _this change might be peaceably effected_. With this view I opposed myself to Cato. I asserted, in my last, _that the __ door of recommendation was shut, and cannot be opened by the same men—that the Convention was dissolved._ If I am wrong, it will be of great importance to Cato’s future remarks that he make it appear. If he will declare from sufficient authority, that the members of the late Convention have only adjourned to give time to hear the sentiments of every political disputant, that after the numerous presses of America have groaned with the heavy productions of speculative politicians, they will _again meet_, weigh their respective merits, and accommodate accordingly—I say, if Cato can do this, I make no hesitation in acknowledging the utility of his plan. In the mean time, I positively deny having any, the most distant desire of shutting the door of free discussion, on any subject which may benefit the people; but I maintain (until Cato’s better information refutes me) that the door, as far as relates to _this subject_, is already shut, not by me, but by the highest possible authority which the case admits, even by those great Patriots who were delegated by the people of the United States to _open such a door_, as might enable them to escape from impending calamities and political shipwreck. This distinction is clear, I conceive, and ought to have some weight even with Cato, as well as those for whom he writes. I am not one of those who gain an influence by cajoling the unthinking mass (tho’ I pity their delusions), and ringing in their ears the gracious sound of their _absolute Sovereignty_. I despise the trick of such dirty policy. I know there are Citizens, who, to gain their own private ends, enflame the minds of the well-meaning, tho’ less intelligent parts of the community, by sating their vanity with that cordial and unfailing specific, that _all power is seated in the people_. For my part, I am not much attached to the _majesty of the multitude_, and therefore waive all pretensions (founded on such conduct), to their countenance. I consider them in general as very ill qualified to judge for themselves what government will best suit their peculiar situations; nor is this to be wondered at. The science of government is not easily understood. Cato will admit, I presume, that men of good education and deep reflection, only, are judges of the _form_ of a government; whether it is constituted on such principles as will restrain arbitrary power, on the one hand, and equal to the exclusion of corruption and the destruction of licentiousness on the other; whether the New Constitution, if adopted, will prove adequate to such desirable ends, time, the mother of events, will show. For my own part, I sincerely esteem it a system, which, without the finger of _God_, never could have been suggested and agreed upon by such a diversity of interests. I will not presume to say that a more perfect system might not have been fabricated; but who expects perfection at once? And it may be asked, _who are judges of it_? Few, I believe, who have leisure to study the nature of Government scientifically, but will frequently disagree about the quantum of power to be delegated to Rulers, and the different modifications of it. Ingenious men will give every plausible, and, it may be, pretty substantial reasons, for the adoption of two plans of Government, which shall be fundamentally different in their construction, and not less so in their operation; yet both, if honestly administered, might operate with safety and advantage. When a new form of government is fabricated, it lies with the people at large to receive or reject it—that is, their _inherent rights_. Now, I would ask (without intending to triumph over the weaknesses or follies of any men), how are the people to profit by this inherent right? By what conduct do they discover that they are sensible of their own interests in this situation? Is it by the exercise of a well-disciplined reason, and a correspondent education? I believe not. How then? As I humbly conceive, by a tractable and docile disposition, and by honest men endeavoring to keep their minds easy, while others, of the same disposition, with the advantages of genius and learning, are constructing the bark that may, by the blessing of Heaven, carry them to the port of rest and happiness, if they will embark without diffidence and proceed without mutiny. I know this is blunt and ungracious reasoning; it is the best, however, which I am prepared to offer on this momentous business; and, since my own heart does not reproach me, I shall not be very solicitous about its reception. If truth, then, is permitted to speak, the mass of the people of America (any more than the mass of other countries) cannot judge with any degree of precision concerning the fitness of this New Constitution to the peculiar situation of America; they have, however, done wisely in delegating the power of framing a government to those every way worthy and well-qualified; and, if this Government is snatched, untasted, from them, it may not be amiss to inquire into the causes which will probably occasion their disappointment. Out of several, which present to my mind, I shall venture to select _one_, baneful enough, in my opinion, to work this dreadful evil. There are always men in society of some talents, but more ambition, in quest of _that_ which it would be impossible for them to obtain in any other way than by working on the passions and prejudices of the less discerning classes of citizens and yeomanry. It is the plan of men of this stamp to frighten the people with ideal bugbears, in order to mould them to their own purposes. The unceasing cry of these designing croakers is, My friends, your liberty is invaded! Have you thrown off the yoke of one tyrant to invest yourselves with that of another? Have you fought, bled and conquered for _such a change_? If you have—go—retire into silent obscurity, and kiss the rod that scourges you.