The Federalist #18
The Federalist No. 18
The Insufficiency of the Present Confederation to Preserve the Union
(continued)
New York Packet Friday, December 7, 1787 [James Madison,
with Alexander Hamilton]
To the People of the State of New York:
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 of the confederacy against the disobedient; to admit new
members. The Amphictyons were the guardians of religion, and of the immense
riches belonging to the temple of Delphos, where they had the right of
jurisdiction in controversies between the inhabitants and those who came to
consult the oracle. As a further provision for the efficacy of the federal
powers, they took an oath mutually to defend and protect the united cities, to
punish the violators of this oath, and to inflict vengeance on sacrilegious
despoilers of the temple.
In theory, and upon paper, this apparatus of powers seems
amply sufficient for all general purposes. In several material instances, they
exceed the powers enumerated in the articles of confederation. The Amphictyons
had in their hands the superstition of the times, one of the principal engines
by which government was then maintained; they had a declared authority to use
coercion against refractory cities, and were bound by oath to exert this
authority on the necessary occasions.
Very different, nevertheless, was the experiment from the
theory. The powers, like those of the present Congress, were administered by
deputies appointed wholly by the cities in their political capacities; and
exercised over them in the same capacities. Hence the weakness, the disorders,
and finally the destruction of the confederacy. The more powerful members,
instead of being kept in awe and subordination, tyrannized successively over all
the rest. Athens, as we learn from Demosthenes, was the arbiter of Greece
seventy-three years. The Lacedaemonians next governed it twenty-nine years; at a
subsequent period, after the battle of Leuctra, the Thebans had their turn of
domination.
It happened but too often, according to Plutarch, that the
deputies of the strongest cities awed and corrupted those of the weaker; and
that judgment went in favor of the most powerful party.
Even in the midst of defensive and dangerous wars with
Persia and Macedon, the members never acted in concert, and were, more or fewer
of them, eternally the dupes or the hirelings of the common enemy. The intervals
of foreign war were filled up by domestic vicissitudes convulsions, and carnage.
After the conclusion of the war with Xerxes, it appears
that the Lacedaemonians required that a number of the cities should be turned
out of the confederacy for the unfaithful part they had acted. The Athenians,
finding that the Lacedaemonians would lose fewer partisans by such a measure
than themselves, and would become masters of the public deliberations,
vigorously opposed and defeated the attempt. This piece of history proves at
once the inefficiency of the union, the ambition and jealousy of its most
powerful members, and the dependent and degraded condition of the rest. The
smaller members, though entitled by the theory of their system to revolve in
equal pride and majesty around the common center, had become, in fact,
satellites of the orbs of primary magnitude.
Had the Greeks, says the Abbé Milot, been as wise
as they were courageous, they would have been admonished by experience of the
necessity of a closer union, and would have availed themselves of the peace
which followed their success against the Persian arms, to establish such a
reformation. Instead of this obvious policy, Athens and Sparta, inflated with
the victories and the glory they had acquired, became first rivals and then
enemies; and did each other infinitely more mischief than they had suffered from
Xerxes. Their mutual jealousies, fears, hatreds, and injuries ended in the
celebrated Peloponnesian war; which itself ended in the ruin and slavery of the
Athenians who had begun it.
As a weak government, when not at war, is ever agitated by
internal dissentions, so these never fail to bring on fresh calamities from
abroad. The Phocians having ploughed up some consecrated ground belonging to the
temple of Apollo, the Amphictyonic council, according to the superstition of the
age, imposed a fine on the sacrilegious offenders. The Phocians, being abetted
by Athens and Sparta, refused to submit to the decree. The Thebans, with others
of the cities, undertook to maintain the authority of the Amphictyons, and to
avenge the violated god. The latter, being the weaker party, invited the
assistance of Philip of Macedon, who had secretly fostered the contest. Philip
gladly seized the opportunity of executing the designs he had long planned
against the liberties of Greece. By his intrigues and bribes he won over to his
interests the popular leaders of several cities; by their influence and votes,
gained admission into the Amphictyonic council; and by his arts and his arms,
made himself master of the confederacy.
Such were the consequences of the fallacious principle on
which this interesting establishment was founded. Had Greece, says a judicious
observer on her fate, been united by a stricter confederation, and persevered in
her union, she would never have worn the chains of Macedon; and might have
proved a barrier to the vast projects of Rome.
The Achaean league, as it is called, was another society
of Grecian republics, which supplies us with valuable instruction.
The Union here was far more intimate, and its
organization much wiser, than in the preceding instance. It will accordingly
appear, that though not exempt from a similar catastrophe, it by no means
equally deserved it.
The cities composing this league retained their municipal
jurisdiction, appointed their own officers, and enjoyed a perfect equality. The
senate, in which they were represented, had the sole and exclusive right of
peace and war; of sending and receiving ambassadors; of entering into treaties
and alliances; of appointing a chief magistrate or praetor, as he was called,
who commanded their armies, and who, with the advice and consent of ten of the
senators, not only administered the government in the recess of the senate, but
had a great share in its deliberations, when assembled. According to the
primitive constitution, there were two praetors associated in the
administration; but on trial a single one was preferred.
It appears that the cities had all the same laws and
customs, the same weights and measures, and the same money. But how far this
effect proceeded from the authority of the federal council is left in
uncertainty. It is said only that the cities were in a manner compelled to
receive the same laws and usages. When Lacedaemon was brought into the league by
Philopoemen, it was attended with an abolition of the institutions and laws of
Lycurgus, and an adoption of those of the Achaeans. The Amphictyonic
confederacy, of which she had been a member, left her in the full exercise of
her government and her legislation. This circumstance alone proves a very
material difference in the genius of the two systems.
It is much to be regretted that such imperfect monuments
remain of this curious political fabric. Could its interior structure and
regular operation be ascertained, it is probable that more light would be thrown
by it on the science of federal government, than by any of the like experiments
with which we are acquainted.
One important fact seems to be witnessed by all the
historians who take notice of Achaean affairs. It is, that as well after the
renovation of the league by Aratus, as before its dissolution by the arts of
Macedon, there was infinitely more of moderation and justice in the
administration of its government, and less of violence and sedition in the
people, than were to be found in any of the cities exercising singly all
the prerogatives of sovereignty. The Abbé Mably, in his observations on
Greece, says that the popular government, which was so tempestuous elsewhere,
caused no disorders in the members of the Achaean republic,
because it was there tempered by the general authority and laws of the
confederacy.
We are not to conclude too hastily, however, that faction
did not, in a certain degree, agitate the particular cities; much less that a
due subordination and harmony reigned in the general system. The contrary is
sufficiently displayed in the vicissitudes and fate of the republic.
Whilst the Amphictyonic confederacy remained, that of the
Achaeans, which comprehended the less important cities only, made little figure
on the theatre of Greece. When the former became a victim to Macedon, the latter
was spared by the policy of Philip and Alexander. Under the successors of these
princes, however, a different policy prevailed. The arts of division were
practiced among the Achaeans. Each city was seduced into a separate interest;
the union was dissolved. Some of the cities fell under the tyranny of Macedonian
garrisons; others under that of usurpers springing out of their own confusions.
Shame and oppression erelong awaken their love of liberty. A few cities
reunited. Their example was followed by others, as opportunities were found of
cutting off their tyrants. The league soon embraced almost the whole
Peloponnesus. Macedon saw its progress; but was hindered by internal dissensions
from stopping it. All Greece caught the enthusiasm and seemed ready to unite in
one confederacy, when the jealousy and envy in Sparta and Athens, of the rising
glory of the Achaeans, threw a fatal damp on the enterprise. The dread of the
Macedonian power induced the league to court the alliance of the Kings of Egypt
and Syria, who, as successors of Alexander, were rivals of the king of Macedon.
This policy was defeated by Cleomenes, king of Sparta, who was led by his
ambition to make an unprovoked attack on his neighbors, the Achaeans, and who,
as an enemy to Macedon, had interest enough with the Egyptian and Syrian princes
to effect a breach of their engagements with the league.
The Achaeans were now reduced to the dilemma of
submitting to Cleomenes, or of supplicating the aid of Macedon, its former
oppressor. The latter expedient was adopted. The contests of the Greeks always
afforded a pleasing opportunity to that powerful neighbor of intermeddling in
their affairs. A Macedonian army quickly appeared. Cleomenes was vanquished. The
Achaeans soon experienced, as often happens, that a victorious and powerful ally
is but another name for a master. All that their most abject compliances could
obtain from him was a toleration of the exercise of their laws. Philip, who was
now on the throne of Macedon, soon provoked by his tyrannies, fresh combinations
among the Greeks. The Achaeans, though weakenened by internal dissensions and by
the revolt of Messene, one of its members, being joined by the Ætolians
and Athenians, erected the standard of opposition. Finding themselves, though
thus supported, unequal to the undertaking, they once more had recourse to the
dangerous expedient of introducing the succor of foreign arms. The Romans, to
whom the invitation was made, eagerly embraced it. Philip was conquered; Macedon
subdued. A new crisis ensued to the league. Dissensions broke out among it
members. These the Romans fostered. Callicrates and other popular leaders became
mercenary instruments for inveigling their countrymen. The more effectually to
nourish discord and disorder the Romans had, to the astonishment of those who
confided in their sincerity, already proclaimed universal liberty1 throughout Greece. With the
same insidious views, they now seduced the members from the league, by
representing to their pride the violation it committed on their sovereignty. By
these arts this union, the last hope of Greece, the last hope of ancient
liberty, was torn into pieces; and such imbecility and distraction introduced,
that the arms of Rome found little difficulty in completing the ruin which their
arts had commenced. The Achaeans were cut to pieces, and Achaia loaded with
chains, under which it is groaning at this hour.
I have thought it not superfluous to give the outlines of
this important portion of history; both because it teaches more than one lesson,
and because, as a supplement to the outlines of the Achaean constitution, it
emphatically illustrates the tendency of federal bodies rather to anarchy among
the members, than to tyranny in the head.
PUBLIUS
1. This was but another name more
specious for the independence of the members on the federal head.
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