The Federalist Papers by Alexander Hamilton, John Jay, and James Madison

6. "To guarantee to every State in the Union a republican form of

1301 words  |  Chapter 26

government; to protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence." In a confederacy founded on republican principles, and composed of republican members, the superintending government ought clearly to possess authority to defend the system against aristocratic or monarchial innovations. The more intimate the nature of such a union may be, the greater interest have the members in the political institutions of each other; and the greater right to insist that the forms of government under which the compact was entered into should be SUBSTANTIALLY maintained. But a right implies a remedy; and where else could the remedy be deposited, than where it is deposited by the Constitution? Governments of dissimilar principles and forms have been found less adapted to a federal coalition of any sort, than those of a kindred nature. "As the confederate republic of Germany," says Montesquieu, "consists of free cities and petty states, subject to different princes, experience shows us that it is more imperfect than that of Holland and Switzerland." "Greece was undone," he adds, "as soon as the king of Macedon obtained a seat among the Amphictyons." In the latter case, no doubt, the disproportionate force, as well as the monarchical form, of the new confederate, had its share of influence on the events. It may possibly be asked, what need there could be of such a precaution, and whether it may not become a pretext for alterations in the State governments, without the concurrence of the States themselves. These questions admit of ready answers. If the interposition of the general government should not be needed, the provision for such an event will be a harmless superfluity only in the Constitution. But who can say what experiments may be produced by the caprice of particular States, by the ambition of enterprising leaders, or by the intrigues and influence of foreign powers? To the second question it may be answered, that if the general government should interpose by virtue of this constitutional authority, it will be, of course, bound to pursue the authority. But the authority extends no further than to a GUARANTY of a republican form of government, which supposes a pre-existing government of the form which is to be guaranteed. As long, therefore, as the existing republican forms are continued by the States, they are guaranteed by the federal Constitution. Whenever the States may choose to substitute other republican forms, they have a right to do so, and to claim the federal guaranty for the latter. The only restriction imposed on them is, that they shall not exchange republican for antirepublican Constitutions; a restriction which, it is presumed, will hardly be considered as a grievance. A protection against invasion is due from every society to the parts composing it. The latitude of the expression here used seems to secure each State, not only against foreign hostility, but against ambitious or vindictive enterprises of its more powerful neighbors. The history, both of ancient and modern confederacies, proves that the weaker members of the union ought not to be insensible to the policy of this article. Protection against domestic violence is added with equal propriety. It has been remarked, that even among the Swiss cantons, which, properly speaking, are not under one government, provision is made for this object; and the history of that league informs us that mutual aid is frequently claimed and afforded; and as well by the most democratic, as the other cantons. A recent and well-known event among ourselves has warned us to be prepared for emergencies of a like nature. At first view, it might seem not to square with the republican theory, to suppose, either that a majority have not the right, or that a minority will have the force, to subvert a government; and consequently, that the federal interposition can never be required, but when it would be improper. But theoretic reasoning, in this as in most other cases, must be qualified by the lessons of practice. Why may not illicit combinations, for purposes of violence, be formed as well by a majority of a State, especially a small State as by a majority of a county, or a district of the same State; and if the authority of the State ought, in the latter case, to protect the local magistracy, ought not the federal authority, in the former, to support the State authority? Besides, there are certain parts of the State constitutions which are so interwoven with the federal Constitution, that a violent blow cannot be given to the one without communicating the wound to the other. Insurrections in a State will rarely induce a federal interposition, unless the number concerned in them bear some proportion to the friends of government. It will be much better that the violence in such cases should be repressed by the superintending power, than that the majority should be left to maintain their cause by a bloody and obstinate contest. The existence of a right to interpose, will generally prevent the necessity of exerting it. Is it true that force and right are necessarily on the same side in republican governments? May not the minor party possess such a superiority of pecuniary resources, of military talents and experience, or of secret succors from foreign powers, as will render it superior also in an appeal to the sword? May not a more compact and advantageous position turn the scale on the same side, against a superior number so situated as to be less capable of a prompt and collected exertion of its strength? Nothing can be more chimerical than to imagine that in a trial of actual force, victory may be calculated by the rules which prevail in a census of the inhabitants, or which determine the event of an election! May it not happen, in fine, that the minority of CITIZENS may become a majority of PERSONS, by the accession of alien residents, of a casual concourse of adventurers, or of those whom the constitution of the State has not admitted to the rights of suffrage? I take no notice of an unhappy species of population abounding in some of the States, who, during the calm of regular government, are sunk below the level of men; but who, in the tempestuous scenes of civil violence, may emerge into the human character, and give a superiority of strength to any party with which they may associate themselves. In cases where it may be doubtful on which side justice lies, what better umpires could be desired by two violent factions, flying to arms, and tearing a State to pieces, than the representatives of confederate States, not heated by the local flame? To the impartiality of judges, they would unite the affection of friends. Happy would it be if such a remedy for its infirmities could be enjoyed by all free governments; if a project equally effectual could be established for the universal peace of mankind! Should it be asked, what is to be the redress for an insurrection pervading all the States, and comprising a superiority of the entire force, though not a constitutional right? the answer must be, that such a case, as it would be without the compass of human remedies, so it is fortunately not within the compass of human probability; and that it is a sufficient recommendation of the federal Constitution, that it diminishes the risk of a calamity for which no possible constitution can provide a cure. Among the advantages of a confederate republic enumerated by Montesquieu, an important one is, "that should a popular insurrection happen in one of the States, the others are able to quell it. Should abuses creep into one part, they are reformed by those that remain sound."

Chapters

1. Chapter 1 2. 1. The same idea, tracing the arguments to their consequences, is held 3. 4. Ibid. Phidias was supposed to have stolen some public gold, with the 4. 9. The League of Cambray, comprehending the Emperor, the King of France, 5. 11. Vide "Principes des Negociations" par l'Abbé de Mably. 6. 2. In order that the whole subject of these papers may as soon as 7. introduction. The art of fortification has contributed to the same ends. 8. 1. This objection will be fully examined in its proper place, and it 9. 1. "Spirit of Laws," vol. i., book ix., chap. i. 10. 1. If my memory be right they amount to twenty per cent. 11. 1. "I mean for the Union." 12. 1. This was but another name more specious for the independence of the 13. 1. Pfeffel, "Nouvel Abrég. Chronol. de l'Hist., etc., d'Allemagne," says 14. 1. This, as nearly as I can recollect, was the sense of his speech on 15. 3. New Hampshire, Rhode Island, New Jersey, Delaware, Georgia, South 16. 4. Add New York and Connecticut to the foregoing seven, and they will be 17. 1. The sophistry which has been employed to show that this will tend 18. 1. Its full efficacy will be examined hereafter. 19. 1. The New England States. 20. 2. Declaration of Independence. 21. 1. A power "to promote the progress of science and useful arts, by 22. 2. "To exercise exclusive legislation, in all cases whatsoever, over 23. 3. "To declare the punishment of treason, but no attainder of treason 24. 4. "To admit new States into the Union; but no new State shall be formed 25. 5. "To dispose of and make all needful rules and regulations respecting 26. 6. "To guarantee to every State in the Union a republican form of 27. 7. "To consider all debts contracted, and engagements entered into, 28. 8. "To provide for amendments to be ratified by three fourths of the 29. 9. "The ratification of the conventions of nine States shall be 30. 1. "No State shall enter into any treaty, alliance, or confederation; 31. 2. "No State shall, without the consent of the Congress, lay any imposts 32. 1. Of these the first is, the "power to make all laws which shall be 33. 2. "This Constitution and the laws of the United States which shall 34. 3. "The Senators and Representatives, and the members of the several 35. 4. Among the provisions for giving efficacy to the federal powers might

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