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

1. "No State shall enter into any treaty, alliance, or confederation;

905 words  |  Chapter 30

grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver a legal tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility." The prohibition against treaties, alliances, and confederations makes a part of the existing articles of Union; and for reasons which need no explanation, is copied into the new Constitution. The prohibition of letters of marque is another part of the old system, but is somewhat extended in the new. According to the former, letters of marque could be granted by the States after a declaration of war; according to the latter, these licenses must be obtained, as well during war as previous to its declaration, from the government of the United States. This alteration is fully justified by the advantage of uniformity in all points which relate to foreign powers; and of immediate responsibility to the nation in all those for whose conduct the nation itself is to be responsible. The right of coining money, which is here taken from the States, was left in their hands by the Confederation, as a concurrent right with that of Congress, under an exception in favor of the exclusive right of Congress to regulate the alloy and value. In this instance, also, the new provision is an improvement on the old. Whilst the alloy and value depended on the general authority, a right of coinage in the particular States could have no other effect than to multiply expensive mints and diversify the forms and weights of the circulating pieces. The latter inconveniency defeats one purpose for which the power was originally submitted to the federal head; and as far as the former might prevent an inconvenient remittance of gold and silver to the central mint for recoinage, the end can be as well attained by local mints established under the general authority. The extension of the prohibition to bills of credit must give pleasure to every citizen, in proportion to his love of justice and his knowledge of the true springs of public prosperity. The loss which America has sustained since the peace, from the pestilent effects of paper money on the necessary confidence between man and man, on the necessary confidence in the public councils, on the industry and morals of the people, and on the character of republican government, constitutes an enormous debt against the States chargeable with this unadvised measure, which must long remain unsatisfied; or rather an accumulation of guilt, which can be expiated no otherwise than by a voluntary sacrifice on the altar of justice, of the power which has been the instrument of it. In addition to these persuasive considerations, it may be observed, that the same reasons which show the necessity of denying to the States the power of regulating coin, prove with equal force that they ought not to be at liberty to substitute a paper medium in the place of coin. Had every State a right to regulate the value of its coin, there might be as many different currencies as States, and thus the intercourse among them would be impeded; retrospective alterations in its value might be made, and thus the citizens of other States be injured, and animosities be kindled among the States themselves. The subjects of foreign powers might suffer from the same cause, and hence the Union be discredited and embroiled by the indiscretion of a single member. No one of these mischiefs is less incident to a power in the States to emit paper money, than to coin gold or silver. The power to make any thing but gold and silver a tender in payment of debts, is withdrawn from the States, on the same principle with that of issuing a paper currency. Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. The two former are expressly prohibited by the declarations prefixed to some of the State constitutions, and all of them are prohibited by the spirit and scope of these fundamental charters. Our own experience has taught us, nevertheless, that additional fences against these dangers ought not to be omitted. Very properly, therefore, have the convention added this constitutional bulwark in favor of personal security and private rights; and I am much deceived if they have not, in so doing, as faithfully consulted the genuine sentiments as the undoubted interests of their constituents. The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community. They have seen, too, that one legislative interference is but the first link of a long chain of repetitions, every subsequent interference being naturally produced by the effects of the preceding. They very rightly infer, therefore, that some thorough reform is wanting, which will banish speculations on public measures, inspire a general prudence and industry, and give a regular course to the business of society. The prohibition with respect to titles of nobility is copied from the articles of Confederation and needs no comment.

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

Reading Tips

Use arrow keys to navigate

Press 'N' for next chapter

Press 'P' for previous chapter