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The Federalist

The FederalistFederalist No 1 - General IntroductionFederalist No 2 - Concerning Dangers from Foreign Force and InfluenceFederalist No 3 - The Same Subject Continued: Concerning Dangers from Foreign Force and InfluenceFederalist No 4 - The Same Subject Continued: Concerning Dangers from Foreign Force and InfluenceFederalist No 5 - The Same Subject Continued: Concerning Dangers from Foreign Force and InfluenceFederalist No 6 - Concerning Dangers from Dissensions Between the StatesFederalist No 7 - The Same Subject Continued: Concerning Dangers from Dissensions Between the StatesFederalist No 8 - The Consequences of Hostilities Between the StatesFederalist No 9 - The Union as a Safeguard Against Domestic Faction and InsurrectionFederalist No 10 - The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and InsurrectionFederalist No 11 - The Utility of the Union in Respect to Commercial Relations and a NavyFederalist No 12 - The Utility of the Union In Respect to RevenueFederalist No 13 - Advantage of the Union in Respect to Economy in GovernmentFederalist No 14 - Objections to the Proposed Constitution From Extent of Territory AnsweredFederalist No 15 - The Insufficiency of the Present Confederation to Preserve the UnionFederalist No 16 - The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the UnionFederalist No 17 - The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the UnionFederalist No 18 - The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the UnionFederalist No 19 - The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the UnionFederalist No 20 - The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the UnionFederalist No 21 - Other Defects of the Present ConfederationFederalist No 22 - The Same Subject Continued: Other Defects of the Present ConfederationFederalist No 23 - The Necessity of a Government as Energetic as the One Proposed to the Preservation of the UnionFederalist No 24 - The Powers Necessary to the Common Defense Further ConsideredFederalist No 25 - The Same Subject Continued: The Powers Necessary to the Common Defense Further ConsideredFederalist No 26 - The Idea of Restraining the Legislative Authority in Regard to the Common Defense ConsideredFederalist No 27 - The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense ConsideredFederalist No 28 - The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense ConsideredFederalist No 29 - Concerning the MilitiaFederalist No 30 - Concerning the General Power of TaxationFederalist No 31 - The Same Subject Continued: Concerning the General Power of TaxationFederalist No 32 - The Same Subject Continued: Concerning the General Power of TaxationFederalist No 33 - The Same Subject Continued: Concerning the General Power of TaxationFederalist No 34 - The Same Subject Continued: Concerning the General Power of TaxationFederalist No 35 - The Same Subject Continued: Concerning the General Power of TaxationFederalist No 36 - The Same Subject Continued: Concerning the General Power of TaxationFederalist No 37 - Concerning the Difficulties of the Convention in Devising a Proper Form of GovernmentFederalist No 38 - The Same Subject Continued, and the Incoherence of the Objections to the New Plan ExposedFederalist No 39 - The Conformity of the Plan to Republican PrinciplesFederalist No 40 - The Powers of the Convention to Form a Mixed Government Examined and SustainedFederalist No 41 - General View of the Powers Conferred by the ConstitutionFederalist No 42 - The Powers Conferred by the Constitution Further ConsideredFederalist No 43 - The Same Subject Continued: The Powers Conferred by the Constitution Further ConsideredFederalist No 44 - Restrictions on the Authority of the Several StatesFederalist No 45 - The Alleged Danger From the Powers of the Union to the State Governments ConsideredFederalist No 46 - The Influence of the State and Federal Governments ComparedFederalist No 47 - The Particular Structure of the New Government and the Distribution of Power Among Its Different PartsFederalist No 48 - These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each OtherFederalist No 49 - Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a ConventionFederalist No 50 - Periodic Appeals to the People ConsideredFederalist No 51 - The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different DepartmentsFederalist No 52 - The House of RepresentativesFederalist No 53 - The Same Subject Continued: The House of RepresentativesFederalist No 54 - The Apportionment of Members Among the StatesFederalist No 55 - The Total Number of the House of RepresentativesFederalist No 56 - The Same Subject Continued: The Total Number of the House of RepresentativesFederalist No 57 - The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with RepresentationFederalist No 58 - Objection That The Number of Members Will Not Be Augmented as the Progress of Population Demands ConsideredFederalist No 59 - Concerning the Power of Congress to Regulate the Election of MembersFederalist No 60 - The Same Subject Continued: Concerning the Power of Congress to Regulate the Election of MembersFederalist No 61 - The Same Subject Continued: Concerning the Power of Congress to Regulate the Election of MembersFederalist No 62 - The SenateFederalist No 63 - The Senate ContinuedFederalist No 64 - The Powers of the SenateFederalist No 65 - The Powers of the Senate ContinuedFederalist No 66 - Objections to the Power of the Senate To Set as a Court for Impeachments Further ConsideredFederalist No 67 - The Executive DepartmentFederalist No 68 - The Mode of Electing the PresidentFederalist No 69 - The Real Character of the ExecutiveFederalist No 70 - The Executive Department Further ConsideredFederalist No 71 - The Duration in Office of the ExecutiveFederalist No 72 - The Same Subject Continued, and Re-Eligibility of the Executive ConsideredFederalist No 73 - The Provision For The Support of the Executive, and the Veto PowerFederalist No 74 - The Command of the Military and Naval Forces, and the Pardoning Power of the ExecutiveFederalist No 75 - The Treaty Making Power of the ExecutiveFederalist No 76 - The Appointing Power of the ExecutiveFederalist No 77 - The Appointing Power Continued and Other Powers of the Executive ConsideredFederalist No 78 - The Judiciary DepartmentFederalist No 79 - The Judiciary Department ContinuedFederalist No 80 - The Powers of the JudiciaryFederalist No 81 - The Judiciary Continued, and the Distribution of the Judicial AuthorityFederalist No 82 - The Judiciary ContinuedFederalist No 83 - The Judiciary Continued in Relation to Trial by JuryFederalist No 84 - Certain General and Miscellaneous Objections to the Constitution Considered and AnsweredFederalist No 85 - Concluding RemarksALL

Federalist No 3 - The Same Subject Continued: Concerning Dangers from Foreign Force and Influence

The Same Subject Continued: Concerning Dangers from Foreign Force and Influence
For the Independent Journal.
Author: John Jay

To the People of the State of New York:

IT IS not a new observation that the people of any country (if, like the Americans, intelligent and wellinformed) seldom adopt and steadily persevere for many years in an erroneous opinion respecting their interests. That consideration naturally tends to create great respect for the high opinion which the people of America have so long and uniformly entertained of the importance of their continuing firmly united under one federal government, vested with sufficient powers for all general and national purposes.

The more attentively I consider and investigate the reasons which appear to have given birth to this opinion, the more I become convinced that they are cogent and conclusive.

Among the many objects to which a wise and free people find it necessary to direct their attention, that of providing for their SAFETY seems to be the first. The SAFETY of the people doubtless has relation to a great variety of circumstances and considerations, and consequently affords great latitude to those who wish to define it precisely and comprehensively.

At present I mean only to consider it as it respects security for the preservation of peace and tranquillity, as well as against dangers from FOREIGN ARMS AND INFLUENCE, as from dangers of the LIKE KIND arising from domestic causes. As the former of these comes first in order, it is proper it should be the first discussed. Let us therefore proceed to examine whether the people are not right in their opinion that a cordial Union, under an efficient national government, affords them the best security that can be devised against HOSTILITIES from abroad.

The number of wars which have happened or will happen in the world will always be found to be in proportion to the number and weight of the causes, whether REAL or PRETENDED, which PROVOKE or INVITE them. If this remark be just, it becomes useful to inquire whether so many JUST causes of war are likely to be given by UNITED AMERICA as by DISUNITED America; for if it should turn out that United America will probably give the fewest, then it will follow that in this respect the Union tends most to preserve the people in a state of peace with other nations.

The JUST causes of war, for the most part, arise either from violation of treaties or from direct violence. America has already formed treaties with no less than six foreign nations, and all of them, except Prussia, are maritime, and therefore able to annoy and injure us. She has also extensive commerce with Portugal, Spain, and Britain, and, with respect to the two latter, has, in addition, the circumstance of neighborhood to attend to.

It is of high importance to the peace of America that she observe the laws of nations towards all these powers, and to me it appears evident that this will be more perfectly and punctually done by one national government than it could be either by thirteen separate States or by three or four distinct confederacies.

Because when once an efficient national government is established, the best men in the country will not only consent to serve, but also will generally be appointed to manage it; for, although town or country, or other contracted influence, may place men in State assemblies, or senates, or courts of justice, or executive departments, yet more general and extensive reputation for talents and other qualifications will be necessary to recommend men to offices under the national government,--especially as it will have the widest field for choice, and never experience that want of proper persons which is not uncommon in some of the States. Hence, it will result that the administration, the political counsels, and the judicial decisions of the national government will be more wise, systematical, and judicious than those of individual States, and consequently more satisfactory with respect to other nations, as well as more SAFE with respect to us.

Because, under the national government, treaties and articles of treaties, as well as the laws of nations, will always be expounded in one sense and executed in the same manner,--whereas, adjudications on the same points and questions, in thirteen States, or in three or four confederacies, will not always accord or be consistent; and that, as well from the variety of independent courts and judges appointed by different and independent governments, as from the different local laws and interests which may affect and influence them. The wisdom of the convention, in committing such questions to the jurisdiction and judgment of courts appointed by and responsible only to one national government, cannot be too much commended.

Because the prospect of present loss or advantage may often tempt the governing party in one or two States to swerve from good faith and justice; but those temptations, not reaching the other States, and consequently having little or no influence on the national government, the temptation will be fruitless, and good faith and justice be preserved. The case of the treaty of peace with Britain adds great weight to this reasoning.

Because, even if the governing party in a State should be disposed to resist such temptations, yet as such temptations may, and commonly do, result from circumstances peculiar to the State, and may affect a great number of the inhabitants, the governing party may not always be able, if willing, to prevent the injustice meditated, or to punish the aggressors. But the national government, not being affected by those local circumstances, will neither be induced to commit the wrong themselves, nor want power or inclination to prevent or punish its commission by others.

So far, therefore, as either designed or accidental violations of treaties and the laws of nations afford JUST causes of war, they are less to be apprehended under one general government than under several lesser ones, and in that respect the former most favors the SAFETY of the people.

As to those just causes of war which proceed from direct and unlawful violence, it appears equally clear to me that one good national government affords vastly more security against dangers of that sort than can be derived from any other quarter.

Because such violences are more frequently caused by the passions and interests of a part than of the whole; of one or two States than of the Union. Not a single Indian war has yet been occasioned by aggressions of the present federal government, feeble as it is; but there are several instances of Indian hostilities having been provoked by the improper conduct of individual States, who, either unable or unwilling to restrain or punish offenses, have given occasion to the slaughter of many innocent inhabitants.

The neighborhood of Spanish and British territories, bordering on some States and not on others, naturally confines the causes of quarrel more immediately to the borderers. The bordering States, if any, will be those who, under the impulse of sudden irritation, and a quick sense of apparent interest or injury, will be most likely, by direct violence, to excite war with these nations; and nothing can so effectually obviate that danger as a national government, whose wisdom and prudence will not be diminished by the passions which actuate the parties immediately interested.

But not only fewer just causes of war will be given by the national government, but it will also be more in their power to accommodate and settle them amicably. They will be more temperate and cool, and in that respect, as well as in others, will be more in capacity to act advisedly than the offending State. The pride of states, as well as of men, naturally disposes them to justify all their actions, and opposes their acknowledging, correcting, or repairing their errors and offenses. The national government, in such cases, will not be affected by this pride, but will proceed with moderation and candor to consider and decide on the means most proper to extricate them from the difficulties which threaten them.

Besides, it is well known that acknowledgments, explanations, and compensations are often accepted as satisfactory from a strong united nation, which would be rejected as unsatisfactory if offered by a State or confederacy of little consideration or power.

In the year 1685, the state of Genoa having offended Louis XIV., endeavored to appease him. He demanded that they should send their Doge, or chief magistrate, accompanied by four of their senators, to FRANCE, to ask his pardon and receive his terms. They were obliged to submit to it for the sake of peace. Would he on any occasion either have demanded or have received the like humiliation from Spain, or Britain, or any other POWERFUL nation?

PUBLIUS.








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