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Summary and Analysis of Essay 3

Summary:

John Jay begins by stating that for a number of years, the general consensus among the people is that the best government for the nation would be a national government, invested with sufficient power "for all general purposes." He then says the more that he carefully examines the issues, the more convinced that the people are right. For him, the greatest issue concerning government is the safety of the people and in this essay he will argue that a "cordial Union under an efficient national Government, affords the best security that can be devised against hostilities from abroad."

Jay argues that wars are proportional to the just causes to go to war, and so by examining whether a United States would have fewer causes versus the separate states, you can discern which form of government would most likely preserve the peace of the land. Jay then tells his readers that America has already formed treaties with six nations, all of which except for Prussia are maritime nations and could readily injure the United States. It is of paramount importance, therefore, to maintain these relationships with these countries, especially considering the importance they hold to commerce in the young nation. To him, it seems that "one national government" could observe the laws of the nation "more perfectly and punctually" than thirteen separate state governments. First, for Jay, one government has available the "best men of the country," in effect, pooling the best men in each state, city, county, etc and utilizing them for one common cause. Thus, the administration, the counsel, and the judicial decisions will be "more wise" in a united government, and create a "safer" situation for foreign affairs to be conducted. Next, Jay argues that treaties in the national government will be argued and executed in the same manner, not in thirteen different ways. In addition, because each state has different desires and wants, persuasion that is not truly for their common good might influence them more than the nation as a whole, and a national government is never subject to making treaties based on local circumstance. Jay also believes that empirical evidence proves his point: while not one Indian war has been provoked by the national government, several states have provoked wars, leading to the "slaughter of many innocent inhabitants."

In sum, "not only fewer just causes of war will be given by the national Government, but it will also be more in their power to accommodate and settle them amicably." Jay concludes by citing an example from history. In 1685, Genoa, a small state, offended Louis XIV and was forced to send their chief magistrate and four of their senators to personally apologize and receive his terms. Jay poses the question would Spain or Britain or "any other powerful nation" had to undergo the same humiliation?

Analysis

All of the essays that John Jay penned for The Federalist Papers deal mainly with the international advantages the adoption of the Constitution would offer and this paper is no different. This essay's basic thrust is that the Constitution is necessary in order to make the United States a powerful force, and thus defend her people and their liberties from foreign attacks or domination. Jay's focus can be accounted for simply: Jay had been closely involved in the diplomacy of the Confederation, for which he had acted as ambassador to Spain and as Secretary for Foreign Affairs, and thus knew all the disadvantages to which the Confederation was exposed in foreign relations. His penning this essay, as well as three through five, is extremely appropriate.

Many critics and first time readers of the Federalist Papers argue that Jay had a different agenda and conception of the new Constitution because he was not concerned with the same principles of factions and majorities that Hamilton and Madison concern themselves with, and instead, only concerned about making the country powerful to prevent foreign attacks. This, however, is far from the case. At first sight, it may appear as if Jay's mentioning such ends of the Union as the people's safety and happiness, their life, liberty, and property, means only that these rights will be guaranteed from foreign attacks. However, if we consider the politics of the time in which the challenge of individual rights had its origin main, in the oppressive majority rule which existed in some of the states, and Jay's acute awareness of that situation, we seem to be justified in thinking that Jay, when pleading for the prosperity of America and the rights of her citizens, recognized the danger arising from the then existing democratic despotism and wanted the individual protected from that quarter as much as from the dangers threatening from foreign nations. This is confirmed by him in this federalist paper, when he states that the Union, as established under the constitution, is securing "the preservation of peace and tranquility" not only "against dangers from foreign arms and influence," but also "from dangers of he like kind arising from domestic causes."

There is no reason to believe that Jay conceives of a faction in a different way than his co-authors, when obviously have in mind the infringements upon minority rights under the Articles of Confederation. Jay also complains that Œthe prospect of present loss or advantage may often tempt the governing party in one or two states to swerve from good faith and justice' and is glad that "those temptations, not reaching the other States, and consequently having little or no influence on the national government, the temptation will be fruitless, and good faith and justice be preserver." Thus, Jay is not arguing differently, but rather applying the future argument of Madison (for example, in Federalist #10) and Hamilton (Federalist #9) regarding the dangers of factions to the principles of the safety against foreign powers. Jay, therefore, is as fearful of majoriitanism as his co-authors and merely gives another reason to be fearful of factions, that of defending the country from foreign attack.

ClassicNote on The Federalist Papers

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