To the People of the State of New
York:
THE THIRD charge against the House
of Representatives is, that it will be taken from that class of citizens
which will have least sympathy with the mass of the people, and be most
likely to aim at an ambitious sacrifice of the many to the aggrandizement
of the few. Of all the objections which have been framed against the federal
Constitution, this is perhaps the most extraordinary.
Whilst the objection itself is levelled
against a pretended oligarchy, the principle of it strikes at the very
root of republican government. The aim of every political constitution
is, or ought to be, first to obtain for rulers men who possess most wisdom
to discern, and most virtue to pursue, the common good of the society;
and in the next place, to take the most effectual precautions for keeping
them virtuous whilst they continue to hold their public trust. The elective
mode of obtaining rulers is the characteristic policy of republican government.
The means relied on in this form of government for preventing their degeneracy
are numerous and various. The most effectual one, is such a limitation
of the term of appointments as will maintain a proper responsibility to
the people. Let me now ask what circumstance there is in the constitution
of the House of Representatives that violates the principles of republican
government, or favors the elevation of the few on the ruins of the many?
Let me ask whether every circumstance is not, on the contrary, strictly
conformable to these principles, and scrupulously impartial to the rights
and pretensions of every class and description of citizens? Who are to
be the electors of the federal representatives? Not the rich, more than
the poor; not the learned, more than the ignorant; not the haughty heirs
of distinguished names, more than the humble sons of obscurity and unpropitious
fortune. The electors are to be the great body of the people of the United
States. They are to be the same who exercise the right in every State of
electing the corresponding branch of the legislature of the State. Who
are to be the objects of popular choice? Every citizen whose merit may
recommend him to the esteem and confidence of his country. No qualification
of wealth, of birth, of religious faith, or of civil profession is permitted
to fetter the judgement or disappoint the inclination of the people. If
we consider the situation of the men on whom the free suffrages of their
fellow-citizens may confer the representative trust, we shall find it involving
every security which can be devised or desired for their fidelity to their
constituents. In the first place, as they will have been distinguished
by the preference of their fellow-citizens, we are to presume that in general
they will be somewhat distinguished also by those qualities which entitle
them to it, and which promise a sincere and scrupulous regard to the nature
of their engagements. In the second place, they will enter into the public
service under circumstances which cannot fail to produce a temporary affection
at least to their constituents. There is in every breast a sensibility
to marks of honor, of favor, of esteem, and of confidence, which, apart
from all considerations of interest, is some pledge for grateful and benevolent
returns.
Ingratitude is a common topic of
declamation against human nature; and it must be confessed that instances
of it are but too frequent and flagrant, both in public and in private
life. But the universal and extreme indignation which it inspires is itself
a proof of the energy and prevalence of the contrary sentiment.
In the third place, those ties which
bind the representative to his constituents are strengthened by motives
of a more selfish nature. His pride and vanity attach him to a form of
government which favors his pretensions and gives him a share in its honors
and distinctions. Whatever hopes or projects might be entertained by a
few aspiring characters, it must generally happen that a great proportion
of the men deriving their advancement from their influence with the people,
would have more to hope from a preservation of the favor, than from innovations
in the government subversive of the authority of the people. All these
securities, however, would be found very insufficient without the restraint
of frequent elections. Hence, in the fourth place, the House of Representatives
is so constituted as to support in the members an habitual recollection
of their dependence on the people. Before the sentiments impressed on their
minds by the mode of their elevation can be effaced by the exercise of
power, they will be compelled to anticipate the moment when their power
is to cease, when their exercise of it is to be reviewed, and when they
must descend to the level from which they were raised; there forever to
remain unless a faithful discharge of their trust shall have established
their title to a renewal of it. I will add, as a fifth circumstance in
the situation of the House of Representatives, restraining them from oppressive
measures, that they can make no law which will not have its full operation
on themselves and their friends, as well as on the great mass of the society.
This has always been deemed one of the strongest bonds by which human policy
can connect the rulers and the people together. It creates between them
that communion of interests and sympathy of sentiments, of which few governments
have furnished examples; but without which every government degenerates
into tyranny. If it be asked, what is to restrain the House of Representatives
from making legal discriminations in favor of themselves and a particular
class of the society? I answer: the genius of the whole system; the nature
of just and constitutional laws; and above all, the vigilant and manly
spirit which actuates the people of America, a spirit which nourishes freedom,
and in return is nourished by it. If this spirit shall ever be so far debased
as to tolerate a law not obligatory on the legislature, as well as on the
people, the people will be prepared to tolerate any thing but liberty.
Such will be the relation between the House of Representatives and their
constituents. Duty, gratitude, interest, ambition itself, are the chords
by which they will be bound to fidelity and sympathy with the great mass
of the people.
It is possible that these may all
be insufficient to control the caprice and wickedness of man. But are they
not all that government will admit, and that human prudence can devise?
Are they not the genuine and the characteristic means by which republican
government provides for the liberty and happiness of the people? Are they
not the identical means on which every State government in the Union relies
for the attainment of these important ends? What then are we to understand
by the objection which this paper has combated? What are we to say to the
men who profess the most flaming zeal for republican government, yet boldly
impeach the fundamental principle of it; who pretend to be champions for
the right and the capacity of the people to choose their own rulers, yet
maintain that they will prefer those only who will immediately and infallibly
betray the trust committed to them? Were the objection to be read by one
who had not seen the mode prescribed by the Constitution for the choice
of representatives, he could suppose nothing less than that some unreasonable
qualification of property was annexed to the right of suffrage; or that
the right of eligibility was limited to persons of particular families
or fortunes; or at least that the mode prescribed by the State constitutions
was in some respect or other, very grossly departed from. We have seen
how far such a supposition would err, as to the two first points. Nor would
it, in fact, be less erroneous as to the last. The only difference discoverable
between the two cases is, that each representative of the United States
will be elected by five or six thousand citizens; whilst in the individual
States, the election of a representative is left to about as many hundreds.
Will it be pretended that this difference is sufficient to justify an attachment
to the State governments, and an abhorrence to the federal government?
If this be the point on which the objection turns, it deserves to be examined.
Is it supported by REASON?
This cannot be said, without maintaining
that five or six thousand citizens are less capable of choosing a fit representative,
or more liable to be corrupted by an unfit one, than five or six hundred.
Reason, on the contrary, assures us, that as in so great a number a fit
representative would be most likely to be found, so the choice would be
less likely to be diverted from him by the intrigues of the ambitious or
the ambitious or the bribes of the rich. Is the CONSEQUENCE from this doctrine
admissible? If we say that five or six hundred citizens are as many as
can jointly exercise their right of suffrage, must we not deprive the people
of the immediate choice of their public servants, in every instance where
the administration of the government does not require as many of them as
will amount to one for that number of citizens? Is the doctrine warranted
by FACTS? It was shown in the last paper, that the real representation
in the British House of Commons very little exceeds the proportion of one
for every thirty thousand inhabitants. Besides a variety of powerful causes
not existing here, and which favor in that country the pretensions of rank
and wealth, no person is eligible as a representative of a county, unless
he possess real estate of the clear value of six hundred pounds sterling
per year; nor of a city or borough, unless he possess a like estate of
half that annual value. To this qualification on the part of the county
representatives is added another on the part of the county electors, which
restrains the right of suffrage to persons having a freehold estate of
the annual value of more than twenty pounds sterling, according to the
present rate of money. Notwithstanding these unfavorable circumstances,
and notwithstanding some very unequal laws in the British code, it cannot
be said that the representatives of the nation have elevated the few on
the ruins of the many. But we need not resort to foreign experience on
this subject. Our own is explicit and decisive. The districts in New Hampshire
in which the senators are chosen immediately by the people, are nearly
as large as will be necessary for her representatives in the Congress.
Those of Massachusetts are larger than will be necessary for that purpose;
and those of New York still more so.
In the last State the members of
Assembly for the cities and counties of New York and Albany are elected
by very nearly as many voters as will be entitled to a representative in
the Congress, calculating on the number of sixty-five representatives only.
It makes no difference that in these senatorial districts and counties
a number of representatives are voted for by each elector at the same time.
If the same electors at the same time are capable of choosing four or five
representatives, they cannot be incapable of choosing one. Pennsylvania
is an additional example. Some of her counties, which elect her State representatives,
are almost as large as her districts will be by which her federal representatives
will be elected. The city of Philadelphia is supposed to contain between
fifty and sixty thousand souls. It will therefore form nearly two districts
for the choice of federal representatives. It forms, however, but one county,
in which every elector votes for each of its representatives in the State
legislature. And what may appear to be still more directly to our purpose,
the whole city actually elects a SINGLE MEMBER for the executive council.
This is the case in all the other counties of the State. Are not these
facts the most satisfactory proofs of the fallacy which has been employed
against the branch of the federal government under consideration? Has it
appeared on trial that the senators of New Hampshire, Massachusetts, and
New York, or the executive council of Pennsylvania, or the members of the
Assembly in the two last States, have betrayed any peculiar disposition
to sacrifice the many to the few, or are in any respect less worthy of
their places than the representatives and magistrates appointed in other
States by very small divisions of the people? But there are cases of a
stronger complexion than any which I have yet quoted.
One branch of the legislature of
Connecticut is so constituted that each member of it is elected by the
whole State. So is the governor of that State, of Massachusetts, and of
this State, and the president of New Hampshire. I leave every man to decide
whether the result of any one of these experiments can be said to countenance
a suspicion, that a diffusive mode of choosing representatives of the people
tends to elevate traitors and to undermine the public liberty.
PUBLIUS. |