To the People of the State of New
York:
THE SECOND charge against the House
of Representatives is, that it will be too small to possess a due knowledge
of the interests of its constituents. As this objection evidently proceeds
from a comparison of the proposed number of representatives with the great
extent of the United States, the number of their inhabitants, and the diversity
of their interests, without taking into view at the same time the circumstances
which will distinguish the Congress from other legislative bodies, the
best answer that can be given to it will be a brief explanation of these
peculiarities. It is a sound and important principle that the representative
ought to be acquainted with the interests and circumstances of his constituents.
But this principle can extend no further than to those circumstances and
interests to which the authority and care of the representative relate.
An ignorance of a variety of minute and particular objects, which do not
lie within the compass of legislation, is consistent with every attribute
necessary to a due performance of the legislative trust. In determining
the extent of information required in the exercise of a particular authority,
recourse then must be had to the objects within the purview of that authority.
What are to be the objects of federal legislation? Those which are of most
importance, and which seem most to require local knowledge, are commerce,
taxation, and the militia. A proper regulation of commerce requires much
information, as has been elsewhere remarked; but as far as this information
relates to the laws and local situation of each individual State, a very
few representatives would be very sufficient vehicles of it to the federal
councils. Taxation will consist, in a great measure, of duties which will
be involved in the regulation of commerce. So far the preceding remark
is applicable to this object. As far as it may consist of internal collections,
a more diffusive knowledge of the circumstances of the State may be necessary.
But will not this also be possessed in sufficient degree by a very few
intelligent men, diffusively elected within the State? Divide the largest
State into ten or twelve districts, and it will be found that there will
be no peculiar local interests in either, which will not be within the
knowledge of the representative of the district. Besides this source of
information, the laws of the State, framed by representatives from every
part of it, will be almost of themselves a sufficient guide. In every State
there have been made, and must continue to be made, regulations on this
subject which will, in many cases, leave little more to be done by the
federal legislature, than to review the different laws, and reduce them
in one general act. A skillful individual in his closet with all the local
codes before him, might compile a law on some subjects of taxation for
the whole union, without any aid from oral information, and it may be expected
that whenever internal taxes may be necessary, and particularly in cases
requiring uniformity throughout the States, the more simple objects will
be preferred. To be fully sensible of the facility which will be given
to this branch of federal legislation by the assistance of the State codes,
we need only suppose for a moment that this or any other State were divided
into a number of parts, each having and exercising within itself a power
of local legislation. Is it not evident that a degree of local information
and preparatory labor would be found in the several volumes of their proceedings,
which would very much shorten the labors of the general legislature, and
render a much smaller number of members sufficient for it? The federal
councils will derive great advantage from another circumstance. The representatives
of each State will not only bring with them a considerable knowledge of
its laws, and a local knowledge of their respective districts, but will
probably in all cases have been members, and may even at the very time
be members, of the State legislature, where all the local information and
interests of the State are assembled, and from whence they may easily be
conveyed by a very few hands into the legislature of the United States.
The observations made on the subject of taxation apply with greater force
to the case of the militia. For however different the rules of discipline
may be in different States, they are the same throughout each particular
State; and depend on circumstances which can differ but little in different
parts of the same State. The attentive reader will discern that the reasoning
here used, to prove the sufficiency of a moderate number of representatives,
does not in any respect contradict what was urged on another occasion with
regard to the extensive information which the representatives ought to
possess, and the time that might be necessary for acquiring it. This information,
so far as it may relate to local objects, is rendered necessary and difficult,
not by a difference of laws and local circumstances within a single State,
but of those among different States. Taking each State by itself, its laws
are the same, and its interests but little diversified. A few men, therefore,
will possess all the knowledge requisite for a proper representation of
them. Were the interests and affairs of each individual State perfectly
simple and uniform, a knowledge of them in one part would involve a knowledge
of them in every other, and the whole State might be competently represented
by a single member taken from any part of it. On a comparison of the different
States together, we find a great dissimilarity in their laws, and in many
other circumstances connected with the objects of federal legislation,
with all of which the federal representatives ought to have some acquaintance.
Whilst a few representatives, therefore, from each State, may bring with
them a due knowledge of their own State, every representative will have
much information to acquire concerning all the other States.
The changes of time, as was formerly
remarked, on the comparative situation of the different States, will have
an assimilating effect. The effect of time on the internal affairs of the
States, taken singly, will be just the contrary. At present some of the
States are little more than a society of husbandmen. Few of them have made
much progress in those branches of industry which give a variety and complexity
to the affairs of a nation. These, however, will in all of them be the
fruits of a more advanced population, and will require, on the part of
each State, a fuller representation. The foresight of the convention has
accordingly taken care that the progress of population may be accompanied
with a proper increase of the representative branch of the government.
The experience of Great Britain, which presents to mankind so many political
lessons, both of the monitory and exemplary kind, and which has been frequently
consulted in the course of these inquiries, corroborates the result of
the reflections which we have just made. The number of inhabitants in the
two kingdoms of England and Scotland cannot be stated at less than eight
millions. The representatives of these eight millions in the House of Commons
amount to five hundred and fifty-eight.
Of this number, one ninth are elected
by three hundred and sixty-four persons, and one half, by five thousand
seven hundred and twenty-three persons. [1] It cannot be supposed that
the half thus elected, and who do not even reside among the people at large,
can add any thing either to the security of the people against the government,
or to the knowledge of their circumstances and interests in the legislative
councils. On the contrary, it is notorious, that they are more frequently
the representatives and instruments of the executive magistrate, than the
guardians and advocates of the popular rights. They might therefore, with
great propriety, be considered as something more than a mere deduction
from the real representatives of the nation. We will, however, consider
them in this light alone, and will not extend the deduction to a considerable
number of others, who do not reside among their constituents, are very
faintly connected with them, and have very little particular knowledge
of their affairs. With all these concessions, two hundred and seventy-nine
persons only will be the depository of the safety, interest, and happiness
of eight millions that is to say, there will be one representative only
to maintain the rights and explain the situation OF TWENTY-EIGHT THOUSAND
SIX HUNDRED AND SEVENTY constituents, in an assembly exposed to the whole
force of executive influence, and extending its authority to every object
of legislation within a nation whose affairs are in the highest degree
diversified and complicated. Yet it is very certain, not only that a valuable
portion of freedom has been preserved under all these circumstances, but
that the defects in the British code are chargeable, in a very small proportion,
on the ignorance of the legislature concerning the circumstances of the
people. Allowing to this case the weight which is due to it, and comparing
it with that of the House of Representatives as above explained it seems
to give the fullest assurance, that a representative for every THIRTY THOUSAND
INHABITANTS will render the latter both a safe and competent guardian of
the interests which will be confided to it.
PUBLIUS. |