Pamphlets on the Constitution of the United States / Published During Its Discussion by the People 1787-1788

by Unknown

6. Brutus thinks we can never be too much afraid of the encroaching avidity of rulers; but ’tis pretty plain, that however great the natural lust of power in rulers may be, the jealousy of the people in giving it, is about [16] equal; these two opposite passions, will always operate in opposite directions to each other, and like action and reaction in natural bodies, will ever tend to a good ballance.

At any rate, the Congress can never get more power than the people will give, nor hold it any longer than they will permit; for should they assume tyrannical powers, and make incroachments on liberty without the consent of the people, they would soon attone for their temerity, with shame and disgrace, and probably with their heads.

But ’tis here to be noted, that all the danger does not arise from the extreme of power in the rulers; for when the ballance verges to the contrary extreme, and the power of the rulers becomes too much limited and cramped, all the nerves of government are weakened, and the administration must unavoidably sicken, and lose that energy which is absolutely necessary for the support of the State, and the security of the people. For ’tis a truth worthy of great attention, that laws are not made so much for the righteous as for the wicked; who never fail to shelter themselves from punishment, whenever they can, under the defects of the law, and the weakness of government.

I now come to consider the grand proposition which Brutus sets out with, concludes with, and interlards all along, and which [17] seems to be the great gift of his performance, viz. That a confederation of the Thirteen States into one great republic is not best for them: and goes on to prove by a variety of arguments, that a republican form of government is not compatible, and cannot be convenient to so extensive a territory as the said States possess. He begins by taking one assumption for granted (for I can’t see that his arguments prove it at all) viz. That the Constitution proposed will melt down and destroy the jurisdiction of the particular States, and consolidate them all into one great republic.

I can’t see the least reason for this sentiment; nor the least tendency in the new Constitution to produce this effect. For the Constitution does not suffer the federal powers to controul in the least, or so much as to interfere in the internal policy, jurisdiction, or municipal rights of any particular State: except where great and manifest national purposes and interests make that controul necessary. It appears very evident to me, that the Constitution gives an establishment, support, and protection to the internal and separate police of each State, under the superintendency of the federal powers, which it could not possibly enjoy in an independent state. Under the confederation each State derives strength, firmness and permanency from its compact with the other States. Like a stave in a cask well bound with hoops, it [18] stands firmer, is not so easily shaken, bent, or broken, as it would be were it set up by itself alone, without any connection with its neighbours.

There can be no doubt that each State will receive from the union great support and protection against the invasions and inroads of foreign enemies, as well as against riots and insurrections of their own citizens; and of consequence, the course of their internal administration will be secured by this means against any interruption or embarrassment from either of these causes.

They will also derive their share of benefit from the respectability of the union abroad, from the treaties and alliances which may be made with foreign nations, &c.

Another benefit they will receive from the controul of the supreme power of the union is this, viz. they will be restrained from making angry, oppressive, and destructive laws, from declaring ruinous wars with their neighbours, from fomenting quarrels and controversies, &c. all which ever weaken a state, tend to its fatal disorder, and often end in its dissolution. Righteousness exalts and strengthens a nation; but sin is a reproach and weakening of any people.

They will indeed have the privilege of oppressing their own citizens by bad laws or bad administration; but the moment the mischief extends beyond their own State, and [19] begins to affect the citizens of other States, strangers, or the national welfare,—the salutary controul of the supreme power will check the evil, and restore strength and security, as well as honesty and right, to the offending state.