In the summer of 1788 the New York Convention assembled at Poughkeepsie to consider the question of the ratification of the Constitution of the United States. Forty-six of the sixty-five delegates at first stoutly opposed ratification. Hamilton in a series of speeches upheld the Constitution, and when the vote was taken a majority of three sustained his position. The following is an extract from one of those speeches:
The honorable member who spoke yesterday went into an explanation of a variety of circumstances, to prove the expediency of a change in our National Government, and the necessity of a firm Union. At the same time he described the great advantages which this state, in particular, receives from the Confederacy, and its peculiar weaknesses when abstracted from the Union. In doing this he advanced a variety of arguments which deserve serious consideration.
Sir, it appears to me extraordinary, that while the gentlemen in one breath acknowledge that the old Confederation requires many material amendments, they should in the next deny that its defects have been the cause of our political weakness and the consequent calamities of our country. We contend that the radical vice in the old Confederation is that the laws of the Union apply only to States in their corporate capacity. Has not every man who has been in our Legislature experienced the truth of this position? It is inseparable from the disposition of bodies who have a constitutional power of resistance to examine the merits of a law. The States have almost uniformly weighed the requisitions by their own local interests, and have only executed them so far as answered their particular convenience or advantage. Hence there have ever been thirteen different bodies to judge of the measures of Congress, and the operations of Government have been distracted by their taking different courses. Those which were to be benefited have complied with the requisitions; others have totally disregarded them. Have not all of us been witnesses to the unhappy embarrassments which resulted from these proceedings? Even during the late war, while the pressure of common danger connected strongly the bond of our union, and incited to vigorous exertion, we have felt many distressing effects of the important system. How have we seen this State, though most exposed to the calamities of the war, complying in an unexampled manner with the federal requisitions, and compelled by the delinquency of others to bear most unusual burdens! Our misfortunes in a great degree proceeded from the want of vigor in the Continental Government.
From the delinquency of those States which have suffered little by the war, we naturally conclude that they have made no efforts; and a knowledge of human nature will teach us that their ease and security have been a principal cause of their want of exertion. While danger is distant its impression is weak, and while it affects only our neighbors we have few motives to provide against it. Sir, if we have national objects to pursue we must have national revenues. If you make requisitions and they are not complied with what is to be done? It has been observed to coerce the States is one of the maddest projects that was ever devised. A failure of compliance will never be confined to a single State. This being the case can we suppose it wise to hazard a civil war? Suppose Massachusetts, or any large State, should refuse and Congress should attempt to compel them, would they not have influence to procure assistance, especially from those States which are in the same situation as themselves? What picture does this idea present to our view? A complying State at war with a non-complying State; Congress marching the troops of one State into the bosom of another; this State collecting auxiliaries and forming, perhaps, a majority against its federal head. Here is a nation at war with itself. Can any reasonable man be well disposed toward a government which makes war and carnage the only means of supporting itself—a government that can exist only by the sword? Every such war must involve the innocent with the guilty. This single consideration should be sufficient to dispose every peaceable citizen against such a government.
But can we believe that one State will ever suffer itself to be used as an instrument of coercion? The thing is a dream; it is impossible. Then we are brought to this dilemma—either a federal standing army is to enforce the requisitions, or the federal treasury is left without supplies, and the Government without support. What, sir, is the cure for this great evil? Nothing, but to enable the national laws to operate on individuals in the same manner as those of the States do. This is the true reasoning upon the subject, sir. The gentlemen appear to acknowledge its force; and yet, while they yield to the principle, they seem to fear its application to the government.
What, then, shall we do? Shall we take the old Confederation as a basis of a new system? Can this be the object of the gentlemen? Certainly not. Will any man who entertains a wish for the safety of his country trust the sword and purse with a single assembly organized on principles so defective, so rotten? Though we might give to such a government certain powers with safety, yet to give them the full and unlimited powers of taxation and the national forces would be to establish a despotism, the definition of which is, a government in which all power is concentrated in a single body. To take the old Confederation and fashion it upon these principles would be establishing a power which would destroy the liberties of the people. These considerations show clearly that a government totally different must be instituted. They had weight in the convention who formed the new system. It was seen that the necessary powers were too great to be trusted to a single body; they therefore formed two branches and divided the powers that each might be a check upon the other. This was the result of their wisdom and I presume every reasonable man will agree to it. The more this subject is explained the more clear and convincing it will appear to every member of this body. The fundamental principle of the old Confederation is defective; we must totally eradicate and discard this principle before we can expect an efficient government.
III. THE REPLY TO HAYNE
Daniel Webster
This speech was delivered in the Senate, January 26, 1830. The doctrine of Nullification and State Rights had been set forth with great zeal and ability by Senator Hayne of South Carolina. The arguments were overthrown by the masterly speech of Webster.