Federal v. Consolidated Government
[Volume 1, Page 263]
CHAPTER 8|Document 16
John Smilie, Pennsylvania Ratifying Convention28 Nov. 1787McMaster 267--71
I am happy, Mr. President, to find the argument placed upon the proper ground, and that the honorable member from the city has so fully spoken on the question, whether this system proposes a consolidation or a confederation of the states, as that is, in my humble opinion, the source of the greatest objection, which can be made to its adoption. I agree likewise with him, Sir, that it is, or ought to be, the object of all governments, to fix upon the intermediate point between tyranny and licentiousness; and therefore, it will be one of the great objects of our enquiry, to ascertain how far the proposed system deviates from that point of political happiness. For my part, I will readily confess, that it appears to be well guarded against licentiousness, but I am apprehensive it has deviated a little on the left hand, and rather invites than guards against the approaches of tyranny. I think however, Mr. President, it has been clearly argued, that the proposed system does not directly abolish, the governments of the several States, because its organization, and, for some time, perhaps, its operations, naturally pre-suppose their existence. But, Sir, it is not said, nor is thought, that the words of this instrument expressly announce that the sovereignty of the several States, their independency, jurisdiction, and power, are at once absorbed and annihilated by the general government. To this position and to this alone, the arguments of the honorable gentlemen can effectually apply, and there they must undoubtedly hold as long as the forms of State Government remain, at least, till a change takes place in the federal constitution. It is, however, upon other principles that the final destruction of the individual governments is asserted to be a necessary consequence of their association under this general form,--for, Sir, it is the silent but certain operation of the powers, and not the cautious, but artful tenor of the expressions contained in this system, that can excite terror, or generate oppression. The flattery of language was indeed necessary to disguise the baneful purpose, but it is like the dazzling polish bestowed upon an instrument of death; and the visionary prospect of a magnificent, yet popular government, was the most specious mode of rendering the people accessory to the ruin of those systems which they have so recently and so ardently labored to establish. Hence, Sir, we may trace that passage which has been pronounced by the honorable delegate to the late convention with exultation and applause; but when it is declared that "We the people of the United States do ordain and establish this constitution," is not the very foundation a proof of a consolidated government, by the manifest subversion of the principle that constitutes a union of States, which are sovereign and independent, except in the specific objects of confederation? These words have a plain and positive meaning, which could not be misunderstood by those who employed them; and therefore, Sir, it is fair and reasonable to infer, that it was in contemplation of the framers of this system, to absorb and abolish the efficient sovereignty and independent powers of the several States, in order to invigorate and aggrandize the general government. The plan before us, then, explicitly proposes the formation of a new constitution upon the original authority of the people, and not an association of States upon the authority of their respective governments. On that ground, we perceive that it contains all the necessary parts of a complete system of government, the executive, legislative and judicial establishments; and when two separate governments are at the same time in operation, over the same people, it will be difficult indeed to provide for each the means of safety and defence against the other; but if those means are not provided, it will be easily foreseen, that the stronger must eventually subdue and annihilate the weaker institution. Let us then examine the force and influence of the new system, and enquire whether the small remnant of power left to the States can be adequate even to the trifling charge of its own preservation. Here, Sir, we find the right of making laws for every purpose is invested in the future governors of America, and in this is included the uncontrolled jurisdiction over the purses of the people. The power of raising money is indeed the soul, the vital prop of legislation, without which legislation itself cannot for a moment exist. It will, however, be remarked that the power of taxation, though extended to the general government, is not taken from the States individually. Yes, Sir!--but it will be remembered that the national government may take from the people just what they please, and if anything should afterwards remain, then indeed the exigencies of the State governments may be supplied from the scanty gleanings of the harvest. Permit me now, Sir, to call your attention to the powers enumerated in the 8th section of the first article, and particularly to that clause which authorizes the proposed Congress, "to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States." With such powers, Mr. President, what cannot the future governors accomplish? It will be said, perhaps, that the treasure, thus accumulated, is raised and appropriated for the general welfare and the common defence of the States; but may not this pretext be easily perverted to other purposes, since those very men who raise and appropriate the taxes, are the only judges of what shall be deemed the general welfare and common defence of the national government? If then, Mr. President, they have unlimited power to drain the wealth of the people in every channel of taxation, whether by imposts on our commercial [Volume 1, Page 264] intercourse with foreign nations, or by direct levies on the people, I repeat it, that this system must be too formidable for any single State, or even for a combination of the States, should an attempt be made to break and destroy the yoke of domination and tyranny which it will hereafter set up. If, indeed, the spirit of men, once inflamed with the knowledge of freedom, should occasionally blaze out in remonstrance, opposition and force, these symptoms would naturally excite the jealousy of their rulers, and tempt them to proceed in the career of usurpation, till the total destruction of every principle of liberty should furnish a fit security for the exercise of arbitrary power. The money which has been raised from the people, may then be effectually employed to keep them in a state of slavish subjection: the militia, regulated and commanded by the officers of the general government, will be warped from the patriotic nature of their institution, and a standing army, that most prevailing instrument of despotism, will be ever ready to enforce obedience to a government by which it is raised, supported and enriched. If, under such circumstances, the several States should presume to assert their undelegated rights, I ask again what balance remains with them to counteract the encroachments of so potent a superior? To assemble a military force would be impracticable; for the general government, foreseeing the attempt would anticipate the means, by the exercise of its indefinite control over the purses of the people; and, in order to act upon the consciences as well as the persons of men, we find it is expressly stipulated, that every officer of the State government shall be sworn to support the constitution of the United States. Hence likewise, Sir, I conclude that in every point of rivalship, in every contention for power on the one hand and for freedom on the other, the event must be favorable to the views and pretensions of a government gifted with so decisive a pre-eminence. Let us, however, regard this subject in another light. What, Mr. President, will be the feelings and ideas of the people, when by the operation of the proposed system, they are exposed to such accumulated expense, for the maintenance of the general government? Is it not easy to foresee, that however the States may be disposed individually to preserve the parade of independence and sovereignty, the people themselves will become indifferent, and at last, averse to the continuance of an expensive form, from which they derive no advantage? For, Sir, the attachment of citizens to their government and its laws is founded upon the benefits which they derive from them, and it will last no longer than the duration of the power to confer those benefits. When, therefore, the people of the respective States shall find their governments grown torpid, and divested of the means to promote their welfare and interests, they will not, Sir, vainly idolize a shadow, nor disburse their hard earned wealth without the prospect of a compensation. The constitution of the States having become weak and useless to every beneficial purpose, will be suffered to dwindle and decay, and thus if the governors of the Union are not too impatient for the accomplishment of unrivalled and absolute dominion, the destruction of State jurisdiction will be produced by its own insignificance.
McMaster, John Bach, and Stone, Frederick D., eds. Pennsylvania and the Federal Constitution, 1787--1788. Lancaster: Published for the Subscribers by the Historical Society of Pennsylvania, 1888.
© 1987 by The University of Chicago