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To the People of
the State of New York:
OOOOFROM the more general inquiries
pursued in the four last papers, I pass on to a more particular
examination of the several parts of the government. I shall begin with
the House of Representatives. The first view to be taken of this part
of the government relates to the qualifications of the electors and
the elected. Those of the former are to be the same with those of the
electors of the most numerous branch of the State legislatures. The
definition of the right of suffrage is very justly regarded as a
fundamental article of republican government. It was incumbent on the
convention, therefore, to define and establish this right in the
Constitution. To have left it open for the occasional regulation of
the Congress, would have been improper for the reason just mentioned.
To have submitted it to the legislative discretion of the States,
would have been improper for the same reason; and for the additional
reason that it would have rendered too dependent on the State
governments that branch of the federal government which ought to be
dependent on the people alone. To have reduced the different
qualifications in the different States to one uniform rule, would
probably have been as dissatisfactory to some of the States as it
would have been difficult to the convention. The provision made by the
convention appears, therefore, to be the best that lay within their
option.
OOOOIt must be satisfactory to every
State, because it is conformable to the standard already established,
or which may be established, by the State itself. It will be safe to
the United States, because, being fixed by the State constitutions, it
is not alterable by the State governments, and it cannot be feared
that the people of the States will alter this part of their
constitutions in such a manner as to abridge the rights secured to
them by the federal Constitution. The qualifications of the elected,
being less carefully and properly defined by the State constitutions,
and being at the same time more susceptible of uniformity, have been
very properly considered and regulated by the convention. A
representative of the United States must be of the age of twenty-five
years; must have been seven years a citizen of the United States;
must, at the time of his election, be an inhabitant of the State he is
to represent; and, during the time of his service, must be in no
office under the United States. Under these reasonable limitations,
the door of this part of the federal government is open to merit of
every description, whether native or adoptive, whether young or old,
and without regard to poverty or wealth, or to any particular
profession of religious faith.
OOOOThe term for which the
representatives are to be elected falls under a second view which may
be taken of this branch. In order to decide on the propriety of this
article, two questions must be considered: first, whether biennial
elections will, in this case, be safe; secondly, whether they be
necessary or useful. First. As it is essential to liberty that the
government in general should have a common interest with the people,
so it is particularly essential that the branch of it under
consideration should have an immediate dependence on, and an intimate
sympathy with, the people. Frequent elections are unquestionably the
only policy by which this dependence and sympathy can be effectually
secured. But what particular degree of frequency may be absolutely
necessary for the purpose, does not appear to be susceptible of any
precise calculation, and must depend on a variety of circumstances
with which it may be connected.
OOOOLet us consult experience, the guide
that ought always to be followed whenever it can be found. The scheme
of representation, as a substitute for a meeting of the citizens in
person, being at most but very imperfectly known to ancient polity, it
is in more modern times only that we are to expect instructive
examples. And even here, in order to avoid a research too vague and
diffusive, it will be proper to confine ourselves to the few examples
which are best known, and which bear the greatest analogy to our
particular case. The first to which this character ought to be
applied, is the House of Commons in Great Britain. The history of this
branch of the English Constitution, anterior to the date of Magna
Charta, is too obscure to yield instruction. The very existence of it
has been made a question among political antiquaries. The earliest
records of subsequent date prove that parliaments were to SIT only
every year; not that they were to be ELECTED every year. And even
these annual sessions were left so much at the discretion of the
monarch, that, under various pretexts, very long and dangerous
intermissions were often contrived by royal ambition. To remedy this
grievance, it was provided by a statute in the reign of Charles II. ,
that the intermissions should not be protracted beyond a period of
three years. On the accession of William III. , when a revolution took
place in the government, the subject was still more seriously resumed,
and it was declared to be among the fundamental rights of the people
that parliaments ought to be held FREQUENTLY. By another statute,
which passed a few years later in the same reign, the term "frequently,''
which had alluded to the triennial period settled in the time of
Charles II. , is reduced to a precise meaning, it being expressly
enacted that a new parliament shall be called within three years after
the termination of the former. The last change, from three to seven
years, is well known to have been introduced pretty early in the
present century, under on alarm for the Hanoverian succession.
OOOOFrom these facts it appears that the
greatest frequency of elections which has been deemed necessary in
that kingdom, for binding the representatives to their constituents,
does not exceed a triennial return of them. And if we may argue from
the degree of liberty retained even under septennial elections, and
all the other vicious ingredients in the parliamentary constitution,
we cannot doubt that a reduction of the period from seven to three
years, with the other necessary reforms, would so far extend the
influence of the people over their representatives as to satisfy us
that biennial elections, under the federal system, cannot possibly be
dangerous to the requisite dependence of the House of Representatives
on their constituents. Elections in Ireland, till of late, were
regulated entirely by the discretion of the crown, and were seldom
repeated, except on the accession of a new prince, or some other
contingent event. The parliament which commenced with George II. was
continued throughout his whole reign, a period of about thirty-five
years. The only dependence of the representatives on the people
consisted in the right of the latter to supply occasional vacancies by
the election of new members, and in the chance of some event which
might produce a general new election. The ability also of the Irish
parliament to maintain the rights of their constituents, so far as the
disposition might exist, was extremely shackled by the control of the
crown over the subjects of their deliberation. Of late these shackles,
if I mistake not, have been broken; and octennial parliaments have
besides been established. What effect may be produced by this partial
reform, must be left to further experience. The example of Ireland,
from this view of it, can throw but little light on the subject. As
far as we can draw any conclusion from it, it must be that if the
people of that country have been able under all these disadvantages to
retain any liberty whatever, the advantage of biennial elections would
secure to them every degree of liberty, which might depend on a due
connection between their representatives and themselves. Let us bring
our inquiries nearer home. The example of these States, when British
colonies, claims particular attention, at the same time that it is so
well known as to require little to be said on it. The principle of
representation, in one branch of the legislature at least, was
established in all of them. But the periods of election were
different. They varied from one to seven years. Have we any reason to
infer, from the spirit and conduct of the representatives of the
people, prior to the Revolution, that biennial elections would have
been dangerous to the public liberties? The spirit which everywhere
displayed itself at the commencement of the struggle, and which
vanquished the obstacles to independence, is the best of proofs that a
sufficient portion of liberty had been everywhere enjoyed to inspire
both a sense of its worth and a zeal for its proper enlargement This
remark holds good, as well with regard to the then colonies whose
elections were least frequent, as to those whose elections were most
frequent Virginia was the colony which stood first in resisting the
parliamentary usurpations of Great Britain; it was the first also in
espousing, by public act, the resolution of independence.
OOOOIn Virginia, nevertheless, if I have
not been misinformed, elections under the former government were
septennial. This particular example is brought into view, not as a
proof of any peculiar merit, for the priority in those instances was
probably accidental; and still less of any advantage in SEPTENNIAL
elections, for when compared with a greater frequency they are
inadmissible; but merely as a proof, and I conceive it to be a very
substantial proof, that the liberties of the people can be in no
danger from BIENNIAL elections. The conclusion resulting from these
examples will be not a little strengthened by recollecting three
circumstances. The first is, that the federal legislature will possess
a part only of that supreme legislative authority which is vested
completely in the British Parliament; and which, with a few
exceptions, was exercised by the colonial assemblies and the Irish
legislature. It is a received and well-founded maxim, that where no
other circumstances affect the case, the greater the power is, the
shorter ought to be its duration; and, conversely, the smaller the
power, the more safely may its duration be protracted. In the second
place, it has, on another occasion, been shown that the federal
legislature will not only be restrained by its dependence on its
people, as other legislative bodies are, but that it will be,
moreover, watched and controlled by the several collateral
legislatures, which other legislative bodies are not. And in the third
place, no comparison can be made between the means that will be
possessed by the more permanent branches of the federal government for
seducing, if they should be disposed to seduce, the House of
Representatives from their duty to the people, and the means of
influence over the popular branch possessed by the other branches of
the government above cited. With less power, therefore, to abuse, the
federal representatives can be less tempted on one side, and will be
doubly watched on the other.
OOOOPUBLIUS.
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