Federalist 10 Essay - Term Paper

We are sensible, that in order to the due administration of government, itis necessary that certain powers should be delegated to the rulers from thepeople. At the same time, we think they ought carefully to guard against givingso much as will enable those rulers, by that means, at once, or even in processof time, to render themselves absolute and despotic. This we think is the casewith the form of government lately submitted to our consideration. We couldnot, therefore, acting uprightly, consulting our own good and the good of ourconstituents, give our assent unto it. We could not then and we still cannotsee, that because people are many times guilty of crimes and deserving ofpunishment, that it from thence follows the authority ought to have power topunish them when they are not guilty, or to punish the innocent with the guiltywithout discrimination, which amounts to the same thing. But this we think infact to be the case as to this federal constitution. For the congress, whetherthey have provocation or not, can at any time order the elections in any or allthe states to be conducted in such manner as wholely to defeat and renderentirely nugatory the intention of those elections, and convert that which wasconsidered and intended to be the palladium of the liberties of the people - thegrand bulwark against any invasion upon them - into a formidable engine, by whichto overthrow them all, and thus involve them in the depth of misery anddistress. But it was pled by some of the ablest advocates of the constitution,that if congress should exercise such powers to the prejudice of the people (andthey did not deny but they could if they should be disposed) they (the people)would not suffer it. They would have recourse to the ultima ratio, the dernierresort of the oppressed - the sword.

The Federalist Papers were a series of essays published ..

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Federalist Essay 10 federalist essay 10 Federalist No

Representatives and direct taxes shall be apportioned among the severalstates which may be included within this union according to their respectivenumbers. This seems to imply, that we shall be taxed by the poll again, whichis contrary to our Bill of Rights. But it is possible that the rich men, whoare the great land holders, will tax us in this manner, which will exempt themfrom paying assessments on their great bodies of land in the old and new partsof the United States; many of them having but few taxable by the poll. Ourgreat Lords and Masters are to lay taxes, raise and support armies, provide anavy, and may appropriate money for two years, call forth the militia to executetheir laws, suppress insurrections, and the President is to have the command ofthe militia. Now, my countrymen, I would ask you, why are all these thingsdirected and put into their power? Why, I conceive, they are to keep you in agood humor; and if you should, at any time, think you are imposed upon byCongress and your great Lords and Masters, and refuse or delay to pay yourtaxes, or do anything that they shall think proper to order you to do, they can,and I have not a doubt but they will, send the militia of Pennsylvania, Boston,or any other state or place, to cut your throats, ravage and destroy yourplantations, drive away your cattle and horses, abuse your wives, kill yourinfants, and ravish your daughters, and live in free quarters, until you getinto a good humor, and pay all that they may think proper to ask of you, and youbecome good and faithful servants and slaves. (1) Such things have been done, andI have no doubt will be done again, if you consent to the adoption of this newFederal Government. You labored under many hardships while the Britishtyrannized over you! You fought, conquered and gained your liberty - then keepit, I pray you, as a precious jewel. Trust it not out of your own hands; beassured, if you do, you will never more regain it. The train is laid, the matchis on fire, and they only wait for yourselves to put it to the train, to blow upall your liberty and commonwealth governments, and introduce aristocracy andmonarchy, and despotism will follow of course in a few years. Four-yearsPresident will be in time a King for life; and after him, his son, or he thathas the greatest power among them, will be King also. View your danger, andfind out good men to represent you in convention - men of your own profession andstation in life; men who will not adopt this destructive and diabolical form ofa federal government. There are many among you that will not be led by the noseby rich men, and would scorn a bribe. Rich men can live easy under anygovernment, be it ever so tyrannical. They come in for a great share of thetyranny, because they are the ministers of tyrants, and always engross theplaces of honor and profit, while the greater part of the common people are ledby the nose, and played about by these very men, for the destruction ofthemselves and their class. Be wise, be virtuous, and catch the precious momentas it passes, to refuse this newfangled federal government, and extricateyourselves and posterity from tyranny, oppression, aristocratical or monarchicalgovernment. . . .

Federalist Papers 10 Essay - 1414 Words - StudyMode

I never will give up the power of direct taxation but for a scourge. I amwilling to give it conditionally; that is, after non-compliance withrequisitions. I will do more, sir, and what I hope will convince the mostskeptical man that I am a lover of the American Union - that, in case Virginiashall not make punctual payment, the control of our custom-houses, and thewhole regulation of trade, shall be given to Congress, and that Virginia shalldepend on Congress even for passports, till Virginia shall have paid the lastfarthing, and furnished the last soldier. Nay, sir, there is anotheralternative to which I would consent; even that they should strike us out of theUnion, and take away from us all federal privileges, till we comply with federalrequisitions: but let it depend upon our own pleasure to pay our money in themost easy manner for our people. Were all the states, more terrible than themother country, to join against us, I hope Virginia could defend herself; but,sir, the dissolution of the Union is most abhorrent to my mind. The first thingI have at heart is American liberty; the second thing is American union; and Ihope the people of Virginia will endeavor to preserve that union. Theincreasing population of the Southern States is far greater than that of NewEngland; consequently, in a short time, they will be far more numerous than thepeople of that country. Consider this, and you will find this state moreparticularly interested to support American liberty, and not bind our posterityby an improvident relinquishment of our rights. I would give the best securityfor a punctual compliance with requisitions; but I beseech gentlemen, at allhazards, not to give up this unlimited power of taxation. . . .

This essay follows a theme similar to Federalist No. 10, and appeared in theMaryland Gazette and Baltimore Advertiser, March 18, 1788.
Madison defines a faction as a group of citizens who unite under a shared cause, and work against other groups in order to achieve their means.

Federalist Essay 10 federalist essay 10 The Federalist Papers

The natural meaning of this paragraph seems to be no more than this, thatCongress may declare, that certain cases shall not be subject to the appellatejurisdiction, and they may point out the mode in which the court shall proceedin bringing up the causes before them, the manner of their taking evidence toestablish the facts, and the method of the court's proceeding. But I presumethey cannot take from the court the right of deciding on the fact, any more thanthey can deprive them of the right of determining on the law, when a cause isonce before them; for they have the same jurisdiction as to fact, as they haveas to the law. But supposing the Congress may under this clause establish thetrial by jury on appeals. It does not seem to me that it will render thisarticle much less exceptionable. An appeal from one court and jury, to anothercourt and jury, is a thing altogether unknown in the laws of our state [NewYork], and in most of the states in the union. A practice of this kind prevailsin the eastern states: actions are there commenced in the inferior courts, andan appeal lies from them on the whole merits to the superior courts. Theconsequence is well known. Very few actions are determined in the lower courts;it is rare that a case of any importance is not carried by appeal to the supremecourt, and the jurisdiction of the inferior courts is merely nominal; this hasproved so burdensome to the people in Massachusetts, that it was one of theprincipal causes which excited the insurrection in that state, in the year past.[There are] very few sensible and moderate men in that state but what willadmit, that the inferior courts are almost entirely useless, and answer verylittle purpose, save only to accumulate costs against the poor debtors who arealready unable to pay their just debts.

Federalism is one of the most important and innovative concepts in the United States Constitution, although the word never appears there.

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. . . . Why in England have the revolutions always ended in stipulations infavor of general liberty, equal laws, and the common rights of the people, andin most other countries in favor only of a few influential men? The reasons, inmy mind, are obvious. In England the people have been substantially representedin many respects; in the other countries it has not been so. Perhaps a smalldegree of attention to a few simple facts will illustrate this. In England,from the oppressions of the Norman Kings to the revolution in 1688, during whichperiod of two or three hundred years, the English liberties were ascertained andestablished, the aristocratic part of that nation was substantially representedby a very large number of nobles, possessing similar interests and feelings withthose they represented. The body of the people, about four or five millions,then mostly a frugal landed people, were represented by about five hundredrepresentatives, taken not from the order of men which formed the aristocracy,but from the body of the people, and possessed of the same interests andfeelings. De Lolme, speaking of the British representation, expressly foundsall his reasons on this union; this similitude of interests, feelings, views andcircumstances. He observes the English have preserved their liberties, becausethey and their leaders or representatives have been strictly united ininterests, and in contending for general liberty. Here we see a genuine balancefounded in the actual state of things. The whole community, probably, not morethan two-fifths more numerous than we now are, were represented by seven oreight hundred men; the barons stipulated with the common people, and the kingwith the whole. Had the legal distinction between lords and commons been brokendown, and the people of that island been called upon to elect forty-fivesenators, and one hundred and twenty representatives, about the proportion wepropose to establish, their whole legislature evidently would have been of thenatural aristocracy, and the body of the people would not have had scarcely asingle sincere advocate. Their interests would have been neglected, general andequal liberty forgot, and the balance lost. Contests and conciliations, as inmost other countries, would have been merely among the few, and as it might havebeen necessary to serve their purposes, the people at large would have beenflattered or threatened, and probably not a single stipulation made in theirfavor. In Rome the people were miserable, though they bad three orders, theconsuls, senators, and tribunes, and approved the laws, and all for want of agenuine representation. The people were too numerous to assemble, and do anything properly themselves. The voice of a few, the dupes of artifice, wascalled the voice of the people. It is difficult for the people to defendthemselves against the arts and intrigues of the great, but by selecting asuitable number of men fixed to their interests to represent them, and to opposeministers and senators. . . . [Much] depends on the number of the men selected,and the manner of doing it. To be convinced of this, we need only attend to thereason of the case, the conduct of the British commons, and of the Romantribunes. Equal liberty prevails in England, because there was a representationof the people, in fact and reality, to establish it. Equal liberty neverprevailed in Rome because there was but the shadow of a representation. Therewere consuls in Rome annually elected to execute the laws; several hundredsenators represented the great families; the body of the people annually chosetribunes from among themselves to defend them and to secure their rights; Ithink the number of tribunes annually chosen never exceeded ten. Thisrepresentation, perhaps, was not proportionally so numerous as therepresentation proposed in the new plan; but the difference will not appear tobe so great, when it shall be recollected, that these tribunes were chosenannually, that the great patrician families were not admitted to these officesof tribunes, and that the people of Italy who elected the tribunes were a longwhile, if not always, a small people compared with the people of the UnitedStates. What was the consequence of this trifling representation? The peopleof Rome always elected for their tribunes men conspicuous for their riches,military commands, professional popularity, etc. , great commoners, between whomand the noble families there was only the shadowy difference of legaldistinction. Among all the tribunes the people chose for several centuries,they had scarcely five real friends to their interests. These tribunes lived,felt and saw, not like the people, but like the great patrician families, likesenators and great officers of state, to get into which it was evident by theirconduct, was their sole object. These tribunes often talked about the rightsand prerogatives of the people, and that was all; for they never even attemptedto establish equal liberty. So far from establishing the rights of the people,they suffered the senate, to the exclusion of the people, to engross the powersof taxation; those excellent and almost only real weapons of defense even thepeople of England possess. The tribunes obtained that the people should beeligible to some of the great offices of state, and marry, if they pleased, intothe noble families; these were advantages in their nature, confined to a fewelevated commoners, and of trifling importance to the people at large. Nearlythe same observations may be made as to the ephori of Sparta.

In Madison’s Federalist Paper Number 10 he describes the need to control factions in the United States and how the government is to do so.

Federalist essay 10 summary Research paper Academic Writing

Then, sir, comes Pennsylvania, in terrible array. Pennsylvania is to go in conflict with Virginia. Pennsylvania has been a good neighbor heretofore. She is federal -- something terrible -- Virginia cannot look her in the face. If we sufficiently attend to the actual situation of things, we shall conclude thatPennsylvania will do what we do. A number of that country are strongly opposed to it. Many of them have lately been convinced of its fatal tendency. They are disgorged of their federalism. . . . Place yourselves in their situation; would you fight your neighbors for considering this great and awful matter? . . . Whatever may be the disposition of the aristocratical politicians of that country, I know there are friends of human nature in that state. If so, they will never make war on those who make professions of what they are attached to themselves.