Federalist No. 20 by Alexander Hamilton & James Madison (1787)

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Federalist Number (No.) 20 (1787) is an essay by British-American politicians Alexander Hamilton and James Madison arguing for the ratification of the United States Constitution. The full title of the essay is "The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union." It was written as part of a series of essays collected and published in 1788 as The Federalist and later known as The Federalist Papers. These essays were written by Alexander Hamilton, James Madison, and John Jay. They argued for ratification of the United States Constitution as a replacement for the Articles of Confederation.

HIGHLIGHTS

Author: Alexander Hamilton and James Madison

Source: Originally published in the New York Packet on December 11, 1787. Republished in 1788 as part of the collection The Federalist, now referred to as The Federalist Papers.

Abstract: Hamilton and Madison argue the Articles of Federation fail to govern the union.

Background of the author

Alexander Hamilton (c. 1755-1804) was a British-American politician, lawyer, and military officer. He was a delegate to the Constitutional Convention of 1787 and is considered a Founding Father of the United States. Below is a summary of Hamilton's career:

• 1775-1777: Officer in the New York Provincial Artillery Company
• 1777-1782: Officer in the Continental Army
  • Including service as an adviser to General George Washington
• 1787: Delegate to the Constitutional Convention in Philadelphia, Pa.
• 1787-1788: Author of 51 of the 85 essays in The Federalist Papers
• 1789-1795: First secretary of the treasury of the United States

James Madison (1751-1836) was an American politician who served as the fourth president of the United States. He is considered a Founding Father of the United States and is also known as the Father of the Constitution due to his contributions to the development of the United States Constitution. Below is a summary of Madison's career:

• 1775: Joined the Virginia militia as a colonel
• 1777-1779: Member of the Virginia Governor's Council
• 1780-1783: Virginia delegate to the Continental Congress
• 1784-1786: Member of the Virginia House of Delegates
• 1787: Virginia representative to the Constitutional Convention
• 1789-1797: Member of the U.S. House of Representatives from Virginia
• 1801-1809: Fifth U.S. secretary of state
• 1809-1817: Fourth president of the United States

Full text of Advantage of The Insufficiency of the Present Confederation to Preserve the Union

The full text of Federalist No. 20 reads as follows:

“ To the People of the State of New York: THE United Netherlands are a confederacy of republics, or rather of aristocracies of a very remarkable texture, yet confirming all the lessons derived from those which we have already reviewed. The union is composed of seven coequal and sovereign states, and each state or province is a composition of equal and independent cities. In all important cases, not only the provinces but the cities must be unanimous. The sovereignty of the Union is represented by the States-General, consisting usually of about fifty deputies appointed by the provinces. They hold their seats, some for life, some for six, three, and one years; from two provinces they continue in appointment during pleasure. The States-General have authority to enter into treaties and alliances; to make war and peace; to raise armies and equip fleets; to ascertain quotas and demand contributions. In all these cases, however, unanimity and the sanction of their constituents are requisite. They have authority to appoint and receive ambassadors; to execute treaties and alliances already formed; to provide for the collection of duties on imports and exports; to regulate the mint, with a saving to the provincial rights; to govern as sovereigns the dependent territories. The provinces are restrained, unless with the general consent, from entering into foreign treaties; from establishing imposts injurious to others, or charging their neighbors with higher duties than their own subjects. A council of state, a chamber of accounts, with five colleges of admiralty, aid and fortify the federal administration. The executive magistrate of the union is the stadtholder, who is now an hereditary prince. His principal weight and influence in the republic are derived from this independent title; from his great patrimonial estates; from his family connections with some of the chief potentates of Europe; and, more than all, perhaps, from his being stadtholder in the several provinces, as well as for the union; in which provincial quality he has the appointment of town magistrates under certain regulations, executes provincial decrees, presides when he pleases in the provincial tribunals, and has throughout the power of pardon. As stadtholder of the union, he has, however, considerable prerogatives. In his political capacity he has authority to settle disputes between the provinces, when other methods fail; to assist at the deliberations of the States-General, and at their particular conferences; to give audiences to foreign ambassadors, and to keep agents for his particular affairs at foreign courts. In his military capacity he commands the federal troops, provides for garrisons, and in general regulates military affairs; disposes of all appointments, from colonels to ensigns, and of the governments and posts of fortified towns. In his marine capacity he is admiral-general, and superintends and directs every thing relative to naval forces and other naval affairs; presides in the admiralties in person or by proxy; appoints lieutenant-admirals and other officers; and establishes councils of war, whose sentences are not executed till he approves them. His revenue, exclusive of his private income, amounts to three hundred thousand florins. The standing army which he commands consists of about forty thousand men. Such is the nature of the celebrated Belgic confederacy, as delineated on parchment. What are the characters which practice has stamped upon it? Imbecility in the government; discord among the provinces; foreign influence and indignities; a precarious existence in peace, and peculiar calamities from war. It was long ago remarked by Grotius, that nothing but the hatred of his countrymen to the house of Austria kept them from being ruined by the vices of their constitution. The union of Utrecht, says another respectable writer, reposes an authority in the States-General, seemingly sufficient to secure harmony, but the jealousy in each province renders the practice very different from the theory. The same instrument, says another, obliges each province to levy certain contributions; but this article never could, and probably never will, be executed; because the inland provinces, who have little commerce, cannot pay an equal quota. In matters of contribution, it is the practice to waive the articles of the constitution. The danger of delay obliges the consenting provinces to furnish their quotas, without waiting for the others; and then to obtain reimbursement from the others, by deputations, which are frequent, or otherwise, as they can. The great wealth and influence of the province of Holland enable her to effect both these purposes. It has more than once happened, that the deficiencies had to be ultimately collected at the point of the bayonet; a thing practicable, though dreadful, in a confedracy where one of the members exceeds in force all the rest, and where several of them are too small to meditate resistance; but utterly impracticable in one composed of members, several of which are equal to each other in strength and resources, and equal singly to a vigorous and persevering defense. Foreign ministers, says Sir William Temple, who was himself a foreign minister, elude matters taken ad referendum, by tampering with the provinces and cities. In 1726, the treaty of Hanover was delayed by these means a whole year. Instances of a like nature are numerous and notorious. In critical emergencies, the States-General are often compelled to overleap their constitutional bounds. In 1688, they concluded a treaty of themselves at the risk of their heads. The treaty of Westphalia, in 1648, by which their independence was formerly and finally recognized, was concluded without the consent of Zealand. Even as recently as the last treaty of peace with Great Britain, the constitutional principle of unanimity was departed from. A weak constitution must necessarily terminate in dissolution, for want of proper powers, or the usurpation of powers requisite for the public safety. Whether the usurpation, when once begun, will stop at the salutary point, or go forward to the dangerous extreme, must depend on the contingencies of the moment. Tyranny has perhaps oftener grown out of the assumptions of power, called for, on pressing exigencies, by a defective constitution, than out of the full exercise of the largest constitutional authorities. Notwithstanding the calamities produced by the stadtholdership, it has been supposed that without his influence in the individual provinces, the causes of anarchy manifest in the confederacy would long ago have dissolved it. "Under such a government, says the Abbe Mably, "the Union could never have subsisted, if the provinces had not a spring within themselves, capable of quickening their tardiness, and compelling them to the same way of thinking. This spring is the stadtholder. It is remarked by Sir William Temple, "that in the intermissions of the stadtholdership, Holland, by her riches and her authority, which drew the others into a sort of dependence, supplied the place. These are not the only circumstances which have controlled the tendency to anarchy and dissolution. The surrounding powers impose an absolute necessity of union to a certain degree, at the same time that they nourish by their intrigues the constitutional vices which keep the republic in some degree always at their mercy. The true patriots have long bewailed the fatal tendency of these vices, and have made no less than four regular experiments by EXTRAORDINARY ASSEMBLIES, convened for the special purpose, to apply a remedy. As many times has their laudable zeal found it impossible to UNITE THE PUBLIC COUNCILS in reforming the known, the acknowledged, the fatal evils of the existing constitution. Let us pause, my fellow-citizens, for one moment, over this melancholy and monitory lesson of history; and with the tear that drops for the calamities brought on mankind by their adverse opinions and selfish passions, let our gratitude mingle an ejaculation to Heaven, for the propitious concord which has distinguished the consultations for our political happiness. A design was also conceived of establishing a general tax to be administered by the federal authority. This also had its adversaries and failed. This unhappy people seem to be now suffering from popular convulsions, from dissensions among the states, and from the actual invasion of foreign arms, the crisis of their distiny. All nations have their eyes fixed on the awful spectacle. The first wish prompted by humanity is, that this severe trial may issue in such a revolution of their government as will establish their union, and render it the parent of tranquillity, freedom and happiness: The next, that the asylum under which, we trust, the enjoyment of these blessings will speedily be secured in this country, may receive and console them for the catastrophe of their own. I make no apology for having dwelt so long on the contemplation of these federal precedents. Experience is the oracle of truth; and where its responses are unequivocal, they ought to be conclusive and sacred. The important truth, which it unequivocally pronounces in the present case, is that a sovereignty over sovereigns, a government over governments, a legislation for communities, as contradistinguished from individuals, as it is a solecism in theory, so in practice it is subversive of the order and ends of civil polity, by substituting VIOLENCE in place of LAW, or the destructive COERCION of the SWORD in place of the mild and salutary COERCION of the MAGISTRACY. PUBLIUS. ”

Background of the Federalist Papers

The Federalist Papers are the 85 articles and essays James Madison, Alexander Hamilton, and John Jay published arguing for the ratification of the U.S. Constitution and the full replacement of the Articles of Confederation. All three writers published their papers under the collective pseudonym Publius between 1787-1788.

The Articles of Confederation were an agreement among the original thirteen states in the United States to unite under a central government consisting of the Continental Congress. The Continental Congress proposed the Articles in 1777, and they became effective in March 1781.

The Articles primarily authorized the national government to govern diplomatic foreign relations and regulate and fund the Continental Army. Under the Articles, the Continental Congress lacked the power to levy taxes and could only request funds from the states. The inability of the national government to raise money caused the government to default on pension payments to former Revolutionary War soldiers and other financial obligations, resulting in unrest. Shay's Rebellion was a prominent example of unrest related to the weakness of the central government and the Continental Congress' inability to fulfill its obligations.

The Constitutional Convention of 1787 was convened to solve the problems related to the weak national government. Federalists, including James Madison, Alexander Hamilton, and John Jay, advocated for a completely new government under the United States Constitution. They rejected the Articles of Confederation as a weak governing document that needed fully replaced. The federalists thought the strengthened national government could help protect individual rights from factional conflicts at the state and local levels. They argued the Constitution would strengthen the federal government enough to allow for effective governance but not enough to infringe on the rights of individuals.

Anti-federalists like Patrick Henry, Melancton Smith, and George Clinton argued that the national government proposed under the Constitution would be too powerful and would infringe on individual liberties. They thought the Articles of Confederation needed to be amended, not replaced.

Full list of Federalist Papers

The following is a list of individual essays that were collected and published in 1788 as The Federalist and later known as The Federalist Papers. These essays were written by Alexander Hamilton, James Madison, and John Jay. They argued for ratification of the United States Constitution as a replacement for the Articles of Confederation.

The Federalist Papers
Number	Subject	Author
No 1	General Introduction	Hamilton
No 2	Concerning Dangers from Foreign Force and Influence	Jay
No 3	Concerning Dangers From Foreign Force and Influence (con't)	Jay
No 4	Concerning Dangers From Foreign Force and Influence (con't)	Jay
No 5	Concerning Dangers From Foreign Force and Influence (con't)	Jay
No 6	Concerning Dangers from Dissensions Between the States	Hamilton
No 7	Concerning Dangers from Dissensions Between the States (con't)	Hamilton
No 8	The Consequences of Hostilities Between the States	Hamilton
No 9	The Union as a Safeguard Against Domestic Faction and Insurrection	Hamilton
No 10	The Union as a Safeguard Against Domestic Faction and Insurrection (con't)	Madison
No 11	The Utility of the Union in Respect to Commercial Relations and a Navy	Hamilton
No 12	The Utility of the Union In Respect to Revenue	Hamilton
No 13	Advantage of the Union in Respect to Economy in Government	Hamilton
No 14	Objections to the Proposed Constitution From Extent of Territory Answered	Madison
No 15	The Insufficiency of the Present Confederation to Preserve the Union	Hamilton
No 16	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton
No 17	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton
No 18	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton and Madison
No 19	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton and Madison
No 20	The Insufficiency of the Present Confederation to Preserve the Union (con't)	Hamilton and Madison
No 21	Other Defects of the Present Confederation	Hamilton
No 22	Other Defects of the Present Confederation (con't)	Hamilton
No 23	The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union	Hamilton
No 24	The Powers Necessary to the Common Defense Further Considered	Hamilton
No 25	The Powers Necessary to the Common Defense Further Considered (con't)	Hamilton
No 26	The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered	Hamilton
No 27	The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered (con't)	Hamilton
No 28	The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered (con't)	Hamilton
No 29	Concerning the Militia	Hamilton
No 30	Concerning the General Power of Taxation	Hamilton
No 31	Concerning the General Power of Taxation (con't)	Hamilton
No 32	Concerning the General Power of Taxation (con't)	Hamilton
No 33	Concerning the General Power of Taxation (con't)	Hamilton
No 34	Concerning the General Power of Taxation (con't)	Hamilton
No 35	Concerning the General Power of Taxation (con't)	Hamilton
No 36	Concerning the General Power of Taxation (con't)	Hamilton
No 37	Concerning the Difficulties of the Convention in Devising a Proper Form of Government	Madison
No 38	The Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed	Madison
No 39	The Conformity of the Plan to Republican Principles	Madison
No 40	The Powers of the Convention to Form a Mixed Government Examined and Sustained	Madison
No 41	General View of the Powers Conferred by The Constitution	Madison
No 42	The Powers Conferred by the Constitution Further Considered	Madison
No 43	The Powers Conferred by the Constitution Further Considered (con't)	Madison
No 44	Restrictions on the Authority of the Several States	Madison
No 45	The Alleged Danger From the Powers of the Union to the State Governments Considered	Madison
No 46	The Influence of the State and Federal Governments Compared	Madison
No 47	The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts	Madison
No 48	These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other	Madison
No 49	Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention	Hamilton and Madison
No 50	Periodical Appeals to the People Considered	Hamilton and Madison
No 51	The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments	Hamilton and Madison
No 52	The House of Representatives	Hamilton and Madison
No 53	The House of Representatives (con't)	Hamilton and Madison
No 54	The Apportionment of Members Among the States	Hamilton and Madison
No 55	The Total Number of the House of Representatives	Hamilton and Madison
No 56	The Total Number of the House of Representatives (con't)	Hamilton and Madison
No 57	The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with Representation	Hamilton and Madison
No 58	Objection That The Number of Members Will Not Be Augmented as the Progress of Population Demands Considered	Madison
No 59	Concerning the Power of Congress to Regulate the Election of Members	Hamilton
No 60	Concerning the Power of Congress to Regulate the Election of Members (con't)	Hamilton
No 61	Concerning the Power of Congress to Regulate the Election of Members (con't)	Hamilton
No 62	The Senate	Hamilton and Madison
No 63	The Senate (con't)	Hamilton and Madison
No 64	The Powers of the Senate	Jay
No 65	The Powers of the Senate (con't)	Hamilton
No 66	Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered	Hamilton
No 67	The Executive Department	Hamilton
No 68	The Mode of Electing the President	Hamilton
No 69	The Real Character of the Executive	Hamilton
No 70	The Executive Department Further Considered	Hamilton
No 71	The Duration in Office of the Executive	Hamilton
No 72	The Same Subject Continued, and Re-Eligibility of the Executive Considered	Hamilton
No 73	The Provision For The Support of the Executive, and the Veto Power	Hamilton
No 74	The Command of the Military and Naval Forces, and the Pardoning Power of the Executive	Hamilton
No 75	The Treaty-Making Power of the Executive	Hamilton
No 76	The Appointing Power of the Executive	Hamilton
No 77	The Appointing Power Continued and Other Powers of the Executive Considered	Hamilton
No 78	The Judiciary Department	Hamilton
No 79	The Judiciary (con't)	Hamilton
No 80	The Powers of the Judiciary	Hamilton
No 81	The Judiciary Continued, and the Distribution of the Judicial Authority	Hamilton
No 82	The Judiciary Continued	Hamilton
No 83	The Judiciary Continued in Relation to Trial by Jury	Hamilton
No 84	Certain General and Miscellaneous Objections to the Constitution Considered and Answered	Hamilton
No 85	Concluding Remarks	Hamilton

See also

• Federalism
• Federalist Papers
• Anti-Federalist papers

External links

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Footnotes

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