The Federalist Papers
the superintendence of the local administrations, and which will form so
many rivulets of influence, running through every part of the society,
cannot be particularized, without involving a detail too tedious and
uninteresting to compensate for the instruction it might afford.
There is one transcendant advantage belonging to the province of the
State governments, which alone suffices to place the matter in a clear
and satisfactory light,--I mean the ordinary administration of criminal
and civil justice. This, of all others, is the most powerful, most
universal, and most attractive source of popular obedience and
attachment. It is that which, being the immediate and visible guardian
of life and property, having its benefits and its terrors in constant
activity before the public eye, regulating all those personal interests
and familiar concerns to which the sensibility of individuals is more
immediately awake, contributes, more than any other circumstance,
to impressing upon the minds of the people, affection, esteem, and
reverence towards the government. This great cement of society, which
will diffuse itself almost wholly through the channels of the particular
governments, independent of all other causes of influence, would insure
them so decided an empire over their respective citizens as to render
them at all times a complete counterpoise, and, not unfrequently,
dangerous rivals to the power of the Union.
The operations of the national government, on the other hand, falling
less immediately under the observation of the mass of the citizens, the
benefits derived from it will chiefly be perceived and attended to by
speculative men. Relating to more general interests, they will be less
apt to come home to the feelings of the people; and, in proportion,
less likely to inspire an habitual sense of obligation, and an active
sentiment of attachment.
The reasoning on this head has been abundantly exemplified by the
experience of all federal constitutions with which we are acquainted,
and of all others which have borne the least analogy to them.
Though the ancient feudal systems were not, strictly speaking,
confederacies, yet they partook of the nature of that species of
association. There was a common head, chieftain, or sovereign, whose
authority extended over the whole nation; and a number of subordinate
vassals, or feudatories, who had large portions of land allotted to
them, and numerous trains of INFERIOR vassals or retainers, who occupied
and cultivated that land upon the tenure of fealty or obedience, to
the persons of whom they held it. Each principal vassal was a kind of
sovereign, within his particular demesnes. The consequences of this
situation were a continual opposition to authority of the sovereign, and
frequent wars between the great barons or chief feudatories themselves.
The power of the head of the nation was commonly too weak, either
to preserve the public peace, or to protect the people against the
oppressions of their immediate lords. This period of European affairs is
emphatically styled by historians, the times of feudal anarchy.
When the sovereign happened to be a man of vigorous and warlike temper
and of superior abilities, he would acquire a personal weight and
influence, which answered, for the time, the purpose of a more regular
authority. But in general, the power of the barons triumphed over that
of the prince; and in many instances his dominion was entirely thrown
off, and the great fiefs were erected into independent principalities or
States. In those instances in which the monarch finally prevailed over
his vassals, his success was chiefly owing to the tyranny of those
vassals over their dependents. The barons, or nobles, equally the
enemies of the sovereign and the oppressors of the common people, were
dreaded and detested by both; till mutual danger and mutual interest
effected a union between them fatal to the power of the aristocracy. Had
the nobles, by a conduct of clemency and justice, preserved the fidelity
and devotion of their retainers and followers, the contests between them
and the prince must almost always have ended in their favor, and in the
abridgment or subversion of the royal authority.
This is not an assertion founded merely in speculation or conjecture.
Among other illustrations of its truth which might be cited, Scotland
will furnish a cogent example. The spirit of clanship which was, at an
early day, introduced into that kingdom, uniting the nobles and
their dependants by ties equivalent to those of kindred, rendered the
aristocracy a constant overmatch for the power of the monarch, till the
incorporation with England subdued its fierce and ungovernable spirit,
and reduced it within those rules of subordination which a more rational
and more energetic system of civil polity had previously established in
the latter kingdom.
The separate governments in a confederacy may aptly be compared with
the feudal baronies; with this advantage in their favor, that from the
reasons already explained, they will generally possess the confidence
and good-will of the people, and with so important a support, will be
able effectually to oppose all encroachments of the national government.
It will be well if they are not able to counteract its legitimate and
necessary authority. The points of similitude consist in the rivalship
of power, applicable to both, and in the CONCENTRATION of large portions
of the strength of the community into particular DEPOSITORIES, in one
case at the disposal of individuals, in the other case at the disposal
of political bodies.
A concise review of the events that have attended confederate
governments will further illustrate this important doctrine; an
inattention to which has been the great source of our political
mistakes, and has given our jealousy a direction to the wrong side. This
review shall form the subject of some ensuing papers.
PUBLIUS
FEDERALIST No. 18
The Same Subject Continued (The Insufficiency of the Present
Confederation to Preserve the Union) For the New York Packet. Friday,
December 7, 1787
MADISON, with HAMILTON
To the People of the State of New York:
AMONG the confederacies of antiquity, the most considerable was that of
the Grecian republics, associated under the Amphictyonic council. From
the best accounts transmitted of this celebrated institution, it bore
a very instructive analogy to the present Confederation of the American
States.
The members retained the character of independent and sovereign states,
and had equal votes in the federal council. This council had a general
authority to propose and resolve whatever it judged necessary for the
common welfare of Greece; to declare and carry on war; to decide, in
the last resort, all controversies between the members; to fine the
aggressing party; to employ the whole force of the confederacy against
the disobedient; to admit new members. The Amphictyons were the
guardians of religion, and of the immense riches belonging to the temple
of Delphos, where they had the right of jurisdiction in controversies
between the inhabitants and those who came to consult the oracle. As a
further provision for the efficacy of the federal powers, they took an
oath mutually to defend and protect the united cities, to punish
the violators of this oath, and to inflict vengeance on sacrilegious
despoilers of the temple.
In theory, and upon paper, this apparatus of powers seems amply
sufficient for all general purposes. In several material instances,
they exceed the powers enumerated in the articles of confederation. The
Amphictyons had in their hands the superstition of the times, one of the
principal engines by which government was then maintained; they had a
declared authority to use coercion against refractory cities, and were
bound by oath to exert this authority on the necessary occasions.
Very different, nevertheless, was the experiment from the theory.
The powers, like those of the present Congress, were administered by
deputies appointed wholly by the cities in their political capacities;
and exercised over them in the same capacities. Hence the weakness,
the disorders, and finally the destruction of the confederacy. The
more powerful members, instead of being kept in awe and subordination,
tyrannized successively over all the rest. Athens, as we learn from
Demosthenes, was the arbiter of Greece seventy-three years. The
Lacedaemonians next governed it twenty-nine years; at a subsequent
period, after the battle of Leuctra, the Thebans had their turn of
domination.
It happened but too often, according to Plutarch, that the deputies of
the strongest cities awed and corrupted those of the weaker; and that
judgment went in favor of the most powerful party.
Even in the midst of defensive and dangerous wars with Persia and
Macedon, the members never acted in concert, and were, more or fewer
of them, eternally the dupes or the hirelings of the common enemy.
The intervals of foreign war were filled up by domestic vicissitudes
convulsions, and carnage.
After the conclusion of the war with Xerxes, it appears that the
Lacedaemonians required that a number of the cities should be turned
out of the confederacy for the unfaithful part they had acted. The
Athenians, finding that the Lacedaemonians would lose fewer partisans by
such a measure than themselves, and would become masters of the public
deliberations, vigorously opposed and defeated the attempt. This piece
of history proves at once the inefficiency of the union, the ambition
and jealousy of its most powerful members, and the dependent and
degraded condition of the rest. The smaller members, though entitled by
the theory of their system to revolve in equal pride and majesty around
the common center, had become, in fact, satellites of the orbs of
primary magnitude.
Had the Greeks, says the Abbe Milot, been as wise as they were
courageous, they would have been admonished by experience of the
necessity of a closer union, and would have availed themselves of
the peace which followed their success against the Persian arms, to
establish such a reformation. Instead of this obvious policy, Athens
and Sparta, inflated with the victories and the glory they had acquired,
became first rivals and then enemies; and did each other infinitely more
mischief than they had suffered from Xerxes. Their mutual jealousies,
fears, hatreds, and injuries ended in the celebrated Peloponnesian war;
which itself ended in the ruin and slavery of the Athenians who had
begun it.
As a weak government, when not at war, is ever agitated by internal
dissentions, so these never fail to bring on fresh calamities from
abroad. The Phocians having ploughed up some consecrated ground
belonging to the temple of Apollo, the Amphictyonic council, according
to the superstition of the age, imposed a fine on the sacrilegious
offenders. The Phocians, being abetted by Athens and Sparta, refused to
submit to the decree. The Thebans, with others of the cities, undertook
to maintain the authority of the Amphictyons, and to avenge the violated
god. The latter, being the weaker party, invited the assistance of
Philip of Macedon, who had secretly fostered the contest. Philip gladly
seized the opportunity of executing the designs he had long planned
against the liberties of Greece. By his intrigues and bribes he won
over to his interests the popular leaders of several cities; by their
influence and votes, gained admission into the Amphictyonic council; and
by his arts and his arms, made himself master of the confederacy.
Such were the consequences of the fallacious principle on which this
interesting establishment was founded. Had Greece, says a judicious
observer on her fate, been united by a stricter confederation, and