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Federalist No. 35 by Alexander Hamilton (1788)

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Federalist Number (No.) 35 (1788) is an essay by British-American politician Alexander Hamilton arguing for the ratification of the United States Constitution. The full title of the essay is "The Same Subject Continued: Concerning the General Power of Taxation." 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.[1]

HIGHLIGHTS
  • Author: Alexander Hamilton
  • Source: Originally published in the Independent Journal on January 5, 1788. Republished in 1788 as part of the collection The Federalist, now referred to as The Federalist Papers.
  • Abstract: Hamilton argues for the national government to have the power of taxation.
  • 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:[2]

    • 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

    Full text of Concerning the General Power of Taxation

    The full text of Federalist No. 35 reads as follows:[1]

    To the People of the State of New York:


    BEFORE we proceed to examine any other objections to an indefinite power of taxation in the Union, I shall make one general remark; which is, that if the jurisdiction of the national government, in the article of revenue, should be restricted to particular objects, it would naturally occasion an undue proportion of the public burdens to fall upon those objects. Two evils would spring from this source: the oppression of particular branches of industry; and an unequal distribution of the taxes, as well among the several States as among the citizens of the same State.

    Suppose, as has been contended for, the federal power of taxation were to be confined to duties on imports, it is evident that the government, for want of being able to command other resources, would frequently be tempted to extend these duties to an injurious excess. There are persons who imagine that they can never be carried to too great a length; since the higher they are, the more it is alleged they will tend to discourage an extravagant consumption, to produce a favorable balance of trade, and to promote domestic manufactures. But all extremes are pernicious in various ways. Exorbitant duties on imported articles would beget a general spirit of smuggling; which is always prejudicial to the fair trader, and eventually to the revenue itself: they tend to render other classes of the community tributary, in an improper degree, to the manufacturing classes, to whom they give a premature monopoly of the markets; they sometimes force industry out of its more natural channels into others in which it flows with less advantage; and in the last place, they oppress the merchant, who is often obliged to pay them himself without any retribution from the consumer. When the demand is equal to the quantity of goods at market, the consumer generally pays the duty; but when the markets happen to be overstocked, a great proportion falls upon the merchant, and sometimes not only exhausts his profits, but breaks in upon his capital. I am apt to think that a division of the duty, between the seller and the buyer, more often happens than is commonly imagined. It is not always possible to raise the price of a commodity in exact proportion to every additional imposition laid upon it. The merchant, especially in a country of small commercial capital, is often under a necessity of keeping prices down in order to a more expeditious sale.

    The maxim that the consumer is the payer, is so much oftener true than the reverse of the proposition, that it is far more equitable that the duties on imports should go into a common stock, than that they should redound to the exclusive benefit of the importing States. But it is not so generally true as to render it equitable, that those duties should form the only national fund. When they are paid by the merchant they operate as an additional tax upon the importing State, whose citizens pay their proportion of them in the character of consumers. In this view they are productive of inequality among the States; which inequality would be increased with the increased extent of the duties. The confinement of the national revenues to this species of imposts would be attended with inequality, from a different cause, between the manufacturing and the non-manufacturing States. The States which can go farthest towards the supply of their own wants, by their own manufactures, will not, according to their numbers or wealth, consume so great a proportion of imported articles as those States which are not in the same favorable situation. They would not, therefore, in this mode alone contribute to the public treasury in a ratio to their abilities. To make them do this it is necessary that recourse be had to excises, the proper objects of which are particular kinds of manufactures. New York is more deeply interested in these considerations than such of her citizens as contend for limiting the power of the Union to external taxation may be aware of. New York is an importing State, and is not likely speedily to be, to any great extent, a manufacturing State. She would, of course, suffer in a double light from restraining the jurisdiction of the Union to commercial imposts.

    So far as these observations tend to inculcate a danger of the import duties being extended to an injurious extreme it may be observed, conformably to a remark made in another part of these papers, that the interest of the revenue itself would be a sufficient guard against such an extreme. I readily admit that this would be the case, as long as other resources were open; but if the avenues to them were closed, HOPE, stimulated by necessity, would beget experiments, fortified by rigorous precautions and additional penalties, which, for a time, would have the intended effect, till there had been leisure to contrive expedients to elude these new precautions. The first success would be apt to inspire false opinions, which it might require a long course of subsequent experience to correct. Necessity, especially in politics, often occasions false hopes, false reasonings, and a system of measures correspondingly erroneous. But even if this supposed excess should not be a consequence of the limitation of the federal power of taxation, the inequalities spoken of would still ensue, though not in the same degree, from the other causes that have been noticed. Let us now return to the examination of objections.

    One which, if we may judge from the frequency of its repetition, seems most to be relied on, is, that the House of Representatives is not sufficiently numerous for the reception of all the different classes of citizens, in order to combine the interests and feelings of every part of the community, and to produce a due sympathy between the representative body and its constituents. This argument presents itself under a very specious and seducing form; and is well calculated to lay hold of the prejudices of those to whom it is addressed. But when we come to dissect it with attention, it will appear to be made up of nothing but fair-sounding words. The object it seems to aim at is, in the first place, impracticable, and in the sense in which it is contended for, is unnecessary. I reserve for another place the discussion of the question which relates to the sufficiency of the representative body in respect to numbers, and shall content myself with examining here the particular use which has been made of a contrary supposition, in reference to the immediate subject of our inquiries.

    The idea of an actual representation of all classes of the people, by persons of each class, is altogether visionary. Unless it were expressly provided in the Constitution, that each different occupation should send one or more members, the thing would never take place in practice. Mechanics and manufacturers will always be inclined, with few exceptions, to give their votes to merchants, in preference to persons of their own professions or trades. Those discerning citizens are well aware that the mechanic and manufacturing arts furnish the materials of mercantile enterprise and industry. Many of them, indeed, are immediately connected with the operations of commerce. They know that the merchant is their natural patron and friend; and they are aware, that however great the confidence they may justly feel in their own good sense, their interests can be more effectually promoted by the merchant than by themselves. They are sensible that their habits in life have not been such as to give them those acquired endowments, without which, in a deliberative assembly, the greatest natural abilities are for the most part useless; and that the influence and weight, and superior acquirements of the merchants render them more equal to a contest with any spirit which might happen to infuse itself into the public councils, unfriendly to the manufacturing and trading interests. These considerations, and many others that might be mentioned prove, and experience confirms it, that artisans and manufacturers will commonly be disposed to bestow their votes upon merchants and those whom they recommend. We must therefore consider merchants as the natural representatives of all these classes of the community.

    With regard to the learned professions, little need be observed; they truly form no distinct interest in society, and according to their situation and talents, will be indiscriminately the objects of the confidence and choice of each other, and of other parts of the community.

    Nothing remains but the landed interest; and this, in a political view, and particularly in relation to taxes, I take to be perfectly united, from the wealthiest landlord down to the poorest tenant. No tax can be laid on land which will not affect the proprietor of millions of acres as well as the proprietor of a single acre. Every landholder will therefore have a common interest to keep the taxes on land as low as possible; and common interest may always be reckoned upon as the surest bond of sympathy. But if we even could suppose a distinction of interest between the opulent landholder and the middling farmer, what reason is there to conclude, that the first would stand a better chance of being deputed to the national legislature than the last? If we take fact as our guide, and look into our own senate and assembly, we shall find that moderate proprietors of land prevail in both; nor is this less the case in the senate, which consists of a smaller number, than in the assembly, which is composed of a greater number. Where the qualifications of the electors are the same, whether they have to choose a small or a large number, their votes will fall upon those in whom they have most confidence; whether these happen to be men of large fortunes, or of moderate property, or of no property at all.

    It is said to be necessary, that all classes of citizens should have some of their own number in the representative body, in order that their feelings and interests may be the better understood and attended to. But we have seen that this will never happen under any arrangement that leaves the votes of the people free. Where this is the case, the representative body, with too few exceptions to have any influence on the spirit of the government, will be composed of landholders, merchants, and men of the learned professions. But where is the danger that the interests and feelings of the different classes of citizens will not be understood or attended to by these three descriptions of men? Will not the landholder know and feel whatever will promote or insure the interest of landed property? And will he not, from his own interest in that species of property, be sufficiently prone to resist every attempt to prejudice or encumber it? Will not the merchant understand and be disposed to cultivate, as far as may be proper, the interests of the mechanic and manufacturing arts, to which his commerce is so nearly allied? Will not the man of the learned profession, who will feel a neutrality to the rivalships between the different branches of industry, be likely to prove an impartial arbiter between them, ready to promote either, so far as it shall appear to him conducive to the general interests of the society?

    If we take into the account the momentary humors or dispositions which may happen to prevail in particular parts of the society, and to which a wise administration will never be inattentive, is the man whose situation leads to extensive inquiry and information less likely to be a competent judge of their nature, extent, and foundation than one whose observation does not travel beyond the circle of his neighbors and acquaintances? Is it not natural that a man who is a candidate for the favor of the people, and who is dependent on the suffrages of his fellow-citizens for the continuance of his public honors, should take care to inform himself of their dispositions and inclinations, and should be willing to allow them their proper degree of influence upon his conduct? This dependence, and the necessity of being bound himself, and his posterity, by the laws to which he gives his assent, are the true, and they are the strong chords of sympathy between the representative and the constituent.

    There is no part of the administration of government that requires extensive information and a thorough knowledge of the principles of political economy, so much as the business of taxation. The man who understands those principles best will be least likely to resort to oppressive expedients, or sacrifice any particular class of citizens to the procurement of revenue. It might be demonstrated that the most productive system of finance will always be the least burdensome. There can be no doubt that in order to a judicious exercise of the power of taxation, it is necessary that the person in whose hands it should be acquainted with the general genius, habits, and modes of thinking of the people at large, and with the resources of the country. And this is all that can be reasonably meant by a knowledge of the interests and feelings of the people. In any other sense the proposition has either no meaning, or an absurd one. And in that sense let every considerate citizen judge for himself where the requisite qualification is most likely to be found.

    PUBLIUS.[3]

    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.[4]

    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.[5][6][4]

    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.[5][6][4]

    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

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