laying direct taxes in case of non-compliance, then the mischief would be avoided. And the certainty of this conditional power would, in all human probability, prevent the application, and the sums necessary for the Union would be then laid by the states, by those who know how it can best be raised, by those who have a fellow-feeling for us. Give me leave to say, that the sum raised one way with convenience and ease, would be very oppressive another way. Why, then, not leave this power to be exercised by those who know the mode most convenient for the inhabitants, and not by those who must necessarily apportion it in such manner as shall be oppressive? . . .

An indispenable amendment . . . is, that Congress shall not exercise the power of raising direct taxes till the states shall have refused to comply with the requisitions of Congress. On this condition it may be granted; but I see no reason to grant it unconditionally, as the states can raise the taxes with more ease, and lay them on the inhabitants with more propriety, than it is possible for the general government to do. If Congress hath this power without control, the taxes will be laid by those who have no fellow-feeling or acquaintance with the people. This is my objection to the article now under consideration. It is a very great and important one. I therefore beg gentlemen to consider it. Should this power be restrained, I shall withdraw my objections to this part of the Constitution; but as it stands, it is an objection so strong in my mind, that its amendment is with me a sine qua non of its adoption. I wish for such amendments, and such only, as are necessary to secure the dearest rights of the people. . . .


Antifederalist No. 36
REPRESENTATION AND INTERNAL TAXATION

"THE FEDERAL FARMER,"pseudonym of Richard Henry Lee, was without a doubt the best known and most frequently read Antifederalist writer. He penned two pamphlets, both of which were widely distributed, and selections from which were reprinted in many newspapers. The first, entitled Observation leading to a fair examination of the system of government, proposed by the late Convention; and to several essential and necessary alterations in it. In a number of Letters from the Federal Farmer to the Republican ( 1787), is reprinted in Ford, Pamphlets. (Antifederalist Nos. 36 and 37 have been excerpted from it). The second pamphlet, entitled An Additional Number of Letters From the Federal Farmer to the Republican; Leading to a Fair Examination of the System of Government, Proposed by the late Convention; to several Essential and Necessary Alterations in it; and Calculated to Illustrate and Support the Principles and Positions Laid Down in the Preceding Letters ( 1788), has never been reprinted. (Antifederalist Nos. 41-43, 55, 56, 57, 58, 61, 63, 69, 76-77 are taken from this pamphlet).

Paul L. Ford judged the second pamphlet to be "largely repetitions of the first, and . . . therefore omitted its republication." ( Pamphlets, p. 277). To be sure, Lee's basic objections to the Constitution remain fairly constant; but a comparison of the two pamphlets reveals shifts in logic which are symbolic of the Antifederalist mentality.

-95-

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