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FEDERALIST 20 The Subject Continued with Farther Examples by Alexander Hamilton & James Madison
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 year; 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 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 confederacy
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
defence.
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 formally 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
destiny. 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
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