The Federalist Papers - Alexander Hamilton [76]
When the sovereign happened to be a man of vigorous and warlike temper and of superior abilities, he would acquire a personal weight and influence, which answered for the time the purposes of a more regular authority. But in general the power of the barons triumphed over that of the prince; and in many instances his dominion was entirely thrown off, and the great fiefs were erected into independent principalities or states. In those instances in which the monarch finally prevailed over his vassals, his success was chiefly owing to the tyranny of those vassals over their dependents. The barons, or nobles, equally the enemies of the sovereign and the oppressors of the common people, were dreaded and detested by both; till mutual danger and mutual interest effected a union between them fatal to the power of the aristocracy. Had the nobles, by a conduct of clemency and justice, preserved the fidelity and devotion of their retainers and followers, the contests between them and the prince must almost always have ended in their favor and in the abridgment or subversion of the royal authority.
This is not an assertion founded merely in speculation or conjecture. Among other illustrations of its truth which might be cited, Scotland will furnish a cogent example. The spirit of clanship which was at an early day introduced into that kingdom, uniting the nobles and their dependents by ties equivalent to those of kindred, rendered the aristocracy a constant overmatch for the power of the monarch, till the incorporation with England subdued its fierce and ungovernable spirit and reduced it within those rules of subordination which a more rational and more energetic system of civil polity had previously established in the latter kingdom.
The separate governments in a confederacy may aptly be compared with the feudal baronies; with this advantage in their favor: that from the reasons already explained they will generally possess the confidence and good will of the people, and with so important a support will be able effectually to oppose all encroachments of the national government. It will be well if they are not able to counteract its legitimate and necessary authority. The points of similitude consist in the rivalship of power applicable to both; and in the CONCENTRATION of large portions of the strength of the community into particular DEPOSITORIES, in one case at the disposal of individuals, in the other case at the disposal of political bodies.
A concise review of the events that have attended confederate governments will further illustrate this important doctrine; an inattention to which has been the great source of our political mistakes and has given our jealousy a direction to the wrong side. This review shall form the subject of some ensuing papers.
PUBLIUS
NO. 18: THE SAME SUBJECT CONTINUED (MADISON WITH HAMILTON)
AMONG the confederacies of antiquity the most considerable was that of the Grecian republics, associated under the Amphictyonic council. From the best accounts transmitted of this celebrated institution it bore a very instructive analogy to the present Confederation of the American States.
The members retained the character of independent and sovereign states and had equal votes in the federal council. This council had a general authority to propose and resolve whatever it judged necessary for the common welfare of Greece; to declare and carry on war; to decide in the last resort all controversies between the members; to fine the aggressing party; to employ the whole force