"to the purposes of the local administrations as to those "of the Union; and the former are at least of equal im"portance with the latter to the happiness of the People. "It is, therefore, as necessary that the State Govern"ments should be able to command the means of sup"plying their wants, as that the National Government "should possess the like faculty in respect to the wants "of the Union. But an indefinite power of taxation in "the latter might, and probably would in time, deprive "the former of the means of providing for their own "necessities; and would subject them entirely to the "mercy of the National Legislature. As the laws of "the Union are to become the supreme law of the land;

as it is to have power to pass all laws that may be "NECESSARY for carrying into execution the authorities "with which it is proposed to vest it; the National "Government might at any time abolish the taxes im

66

posed for State objects, upon the pretence of an inter"ference with its own. It might allege a necessity of

66

doing this, in order to give efficacy to the National 66 revenues: And thus all the resources of taxation "might by degrees become the subjects of Federal mo"nopoly, to the entire exclusion and destruction of the "State Governments."

This mode of reasoning appears sometimes to turn upon the supposition of usurpation in the National Government: at other times, it seems to be designed only as a deduction from the constitutional operation of its intended powers. It is only in the latter light that it can be admitted to have any pretensions to fairness. The moment we launch into conjectures about the usurpations of the Fœderal Government, we get into an unfathomable abyss, and fairly put ourselves out of the reach of all reasoning. Imagination may range at pleasure, till it gets bewildered amidst the labyrinths of an enchanted castle, and knows not on which side to turn,

to extricate itself from the perplexities into which it has so rashly adventured. Whatever may be the limits or modifications of the powers of the Union, it is easy to imagine an endless train of possible dangers; and by indulging an excess of jealousy and timidity, we may bring ourselves to a state of absolute skepticism and irresolution. I repeat here, what I have observed in substance in another place, that all observations founded upon the danger of usurpation ought to be referred to the composition and structure of the Government, not to the nature or extent of its powers. The State Governments, by their original Constitutions, are invested with complete sovereignty. In what does our security consist against usurpations from that quarter? Doubtless in the manner of their formation, and in a due dependence of those who are to administer them upon the People. If the proposed construction of the Fœderal Government be found, upon an impartial examination of it, to be such as to afford, to a proper extent, the same species of security, all apprehensions on the score of usurpation ought to be discarded.

It should not be forgotten that a disposition in the State Governments to encroach upon the rights of the Union is quite as probable as a disposition in the Union to encroach upon the rights of the State Governments. What side would be likely to prevail in such a conflict, must depend on the means which the contending parties could employ towards insuring success. As in republics strength is always on the side of the People, and as there are weighty reasons to induce a belief that the State Governments will commonly possess most influence over them, the natural conclusion is, that such contests will be most apt to end to the disadvantage of the Union; and that there is greater probability of encroachments by the members upon the Foederal Head, than by the Fœderal Head upon the members. But it is evi

dent that all conjectures of this kind must be extremely vague and fallible: and that it is by far the safest course to lay them altogether aside, and to confine our attention wholly to the nature and extent of the powers, as they are delineated in the Constitution. Everything beyond this must be left to the prudence and firmness of the People; who, as they will hold the scales in their own hands, it is to be hoped, will always take care to preserve the constitutional equilibrium between the General and the State Governments. Upon this ground, which is evidently the true one, it will not be difficult to obviate the objections which have been made to an indefinite power of taxation in the United States.

PUBLIUS.

[From the Daily Advertiser, Thursday, January 3, 1788.]

THE FEDERALIST. No. XXXI.

TO THE PEOPLE OF THE STATE OF NEW YORK:

ALTHOUGH I am of opinion that there would be

no real danger of the consequences which seem to be apprehended to the State Governments from a power in the Union to control them in the levies of money, because I am persuaded that the sense of the People, the extreme hazard of provoking the resentments of the State Governments, and a conviction of the utility and necessity of local administrations, for local purposes, would be a complete barrier against the oppressive use of such a power; yet I am willing here to allow, in its full extent, the justness of the reasoning which requires that the individual States should possess an independent

and uncontrollable authority to raise their own revenues for the supply of their own wants. And making this concession, I affirm that (with the sole exception of duties on imports and exports) they would, under the plan of the Convention, retain that authority in the most absolute and unqualified sense; and that an attempt on the part of the National Government to abridge them in the exercise of it, would be a violent assumption of power, unwarranted by any Article or clause of its Constitution.

An entire consolidation of the States into one complete National sovereignty would imply an entire subordination of the parts; and whatever powers might remain in them, would be altogether dependent on the general will. But as the plan of the Convention aims only at a partial union or consolidation, the State Governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, exclusively delegated to the United States. This exclusive delegation, or rather this alienation, of State sovereignty, would only exist in three cases: where the Constitution in express terms granted an exclusive authority to the Union; where it granted in one instance an authority to the Union, and in another prohibited the States from exercising the like authority; and where it granted an authority to the Union, to which a similar authority in the States would be absolutely and totally contradictory and repugnant. I use these terms to distinguish this last case from another which might appear to resemble it, but which would, in fact, be essentially different: I mean where the exercise of a concurrent jurisdiction might be productive of occasional interferences in the policy of any branch of administration, but would not imply any direct contradiction or repugnancy in point of constitutional authority. These three cases of exclusive jurisdiction in the Fœderal Gov

ernment may be exemplified by the following instances: The last clause but one in the eighth Section of the first Article provides expressly, that Congress shall exercise "exclusive legislation" over the district to be appropriated as the seat of Government. This answers to the first case. The first clause of the same Section empowers Congress "to lay and collect taxes, duties, imposts, "and excises;" and the second clause of the tenth Section of the same Article declares, that "no State shall, "without the consent of Congress, lay any imposts or "duties on imports or exports, except for the purpose of "executing its inspection laws." Hence would result an exclusive power in the Union to lay duties on imports and exports, with the particular exception mentioned; but this power is abridged by another clause, which declares, that no tax or duty shall be laid on articles exported from any State; in consequence of which qualification, it now only extends to the duties on imports. This answers to the second case. The third will be found in that clause which declares that Congress shall have power "to establish an UNIFORM RULE "of naturalization throughout the United States." This must necessarily be exclusive: because if each State had power to prescribe a DISTINCT RULE, there could not be an UNIFORM RULE.

A case which may perhaps be thought to resemble the latter, but which is in fact widely different, affects the question immediately under consideration. I mean the power of imposing taxes on all articles other than exports and imports. This, I contend, is manifestly a concurrent and coequal authority in the United States and in the individual States. There is plainly no expression in the granting clause which makes that power exclusive in the Union. There is no independent clause or sentence which prohibits the States from exercising it. So far is this from being the case, that a plain and con