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To the People of
the State of New York:
OOOOI SHALL here, perhaps, be reminded
of a current observation, "that where annual elections end,
tyranny begins. '' If it be true, as has often been remarked, that
sayings which become proverbial are generally founded in reason, it is
not less true, that when once established, they are often applied to
cases to which the reason of them does not extend. I need not look for
a proof beyond the case before us. What is the reason on which this
proverbial observation is founded? No man will subject himself to the
ridicule of pretending that any natural connection subsists between
the sun or the seasons, and the period within which human virtue can
bear the temptations of power. Happily for mankind, liberty is not, in
this respect, confined to any single point of time; but lies within
extremes, which afford sufficient latitude for all the variations
which may be required by the various situations and circumstances of
civil society. The election of magistrates might be, if it were found
expedient, as in some instances it actually has been, daily, weekly,
or monthly, as well as annual; and if circumstances may require a
deviation from the rule on one side, why not also on the other side?
Turning our attention to the periods established among ourselves, for
the election of the most numerous branches of the State legislatures,
we find them by no means coinciding any more in this instance, than in
the elections of other civil magistrates.
OOOOIn Connecticut and Rhode Island, the
periods are half-yearly. In the other States, South Carolina excepted,
they are annual. In South Carolina they are biennial as is proposed in
the federal government. Here is a difference, as four to one, between
the longest and shortest periods; and yet it would be not easy to
show, that Connecticut or Rhode Island is better governed, or enjoys a
greater share of rational liberty, than South Carolina; or that either
the one or the other of these States is distinguished in these
respects, and by these causes, from the States whose elections are
different from both. In searching for the grounds of this doctrine, I
can discover but one, and that is wholly inapplicable to our case. The
important distinction so well understood in America, between a
Constitution established by the people and unalterable by the
government, and a law established by the government and alterable by
the government, seems to have been little understood and less observed
in any other country. Wherever the supreme power of legislation has
resided, has been supposed to reside also a full power to change the
form of the government.
OOOOEven in Great Britain, where the
principles of political and civil liberty have been most discussed,
and where we hear most of the rights of the Constitution, it is
maintained that the authority of the Parliament is transcendent and
uncontrollable, as well with regard to the Constitution, as the
ordinary objects of legislative provision. They have accordingly, in
several instances, actually changed, by legislative acts, some of the
most fundamental articles of the government. They have in particular,
on several occasions, changed the period of election; and, on the last
occasion, not only introduced septennial in place of triennial
elections, but by the same act, continued themselves in place four
years beyond the term for which they were elected by the people. An
attention to these dangerous practices has produced a very natural
alarm in the votaries of free government, of which frequency of
elections is the corner-stone; and has led them to seek for some
security to liberty, against the danger to which it is exposed.
OOOOWhere no Constitution, paramount to
the government, either existed or could be obtained, no constitutional
security, similar to that established in the United States, was to be
attempted. Some other security, therefore, was to be sought for; and
what better security would the case admit, than that of selecting and
appealing to some simple and familiar portion of time, as a standard
for measuring the danger of innovations, for fixing the national
sentiment, and for uniting the patriotic exertions? The most simple
and familiar portion of time, applicable to the subject was that of a
year; and hence the doctrine has been inculcated by a laudable zeal,
to erect some barrier against the gradual innovations of an unlimited
government, that the advance towards tyranny was to be calculated by
the distance of departure from the fixed point of annual elections.
But what necessity can there be of applying this expedient to a
government limited, as the federal government will be, by the
authority of a paramount Constitution? Or who will pretend that the
liberties of the people of America will not be more secure under
biennial elections, unalterably fixed by such a Constitution, than
those of any other nation would be, where elections were annual, or
even more frequent, but subject to alterations by the ordinary power
of the government? The second question stated is, whether biennial
elections be necessary or useful. The propriety of answering this
question in the affirmative will appear from several very obvious
considerations.
OOOONo man can be a competent legislator
who does not add to an upright intention and a sound judgment a
certain degree of knowledge of the subjects on which he is to
legislate. A part of this knowledge may be acquired by means of
information which lie within the compass of men in private as well as
public stations. Another part can only be attained, or at least
thoroughly attained, by actual experience in the station which
requires the use of it. The period of service, ought, therefore, in
all such cases, to bear some proportion to the extent of practical
knowledge requisite to the due performance of the service. The period
of legislative service established in most of the States for the more
numerous branch is, as we have seen, one year. The question then may
be put into this simple form: does the period of two years bear no
greater proportion to the knowledge requisite for federal legislation
than one year does to the knowledge requisite for State legislation?
The very statement of the question, in this form, suggests the answer
that ought to be given to it. In a single State, the requisite
knowledge relates to the existing laws which are uniform throughout
the State, and with which all the citizens are more or less
conversant; and to the general affairs of the State, which lie within
a small compass, are not very diversified, and occupy much of the
attention and conversation of every class of people.
OOOOThe great theatre of the United
States presents a very different scene. The laws are so far from being
uniform, that they vary in every State; whilst the public affairs of
the Union are spread throughout a very extensive region, and are
extremely diversified by the local affairs connected with them, and
can with difficulty be correctly learnt in any other place than in the
central councils to which a knowledge of them will be brought by the
representatives of every part of the empire. Yet some knowledge of the
affairs, and even of the laws, of all the States, ought to be
possessed by the members from each of the States. How can foreign
trade be properly regulated by uniform laws, without some acquaintance
with the commerce, the ports, the usages, and the regulatious of the
different States? How can the trade between the different States be
duly regulated, without some knowledge of their relative situations in
these and other respects? How can taxes be judiciously imposed and
effectually collected, if they be not accommodated to the different
laws and local circumstances relating to these objects in the
different States? How can uniform regulations for the militia be duly
provided, without a similar knowledge of many internal circumstances
by which the States are distinguished from each other? These are the
principal objects of federal legislation, and suggest most forcibly
the extensive information which the representatives ought to acquire.
The other interior objects will require a proportional degree of
information with regard to them.
OOOOIt is true that all these
difficulties will, by degrees, be very much diminished. The most
laborious task will be the proper inauguration of the government and
the primeval formation of a federal code. Improvements on the first
draughts will every year become both easier and fewer. Past
transactions of the government will be a ready and accurate source of
information to new members. The affairs of the Union will become more
and more objects of curiosity and conversation among the citizens at
large. And the increased intercourse among those of different States
will contribute not a little to diffuse a mutual knowledge of their
affairs, as this again will contribute to a general assimilation of
their manners and laws. But with all these abatements, the business of
federal legislation must continue so far to exceed, both in novelty
and difficulty, the legislative business of a single State, as to
justify the longer period of service assigned to those who are to
transact it. A branch of knowledge which belongs to the acquirements
of a federal representative, and which has not been mentioned is that
of foreign affairs. In regulating our own commerce he ought to be not
only acquainted with the treaties between the United States and other
nations, but also with the commercial policy and laws of other
nations. He ought not to be altogether ignorant of the law of nations;
for that, as far as it is a proper object of municipal legislation, is
submitted to the federal government.
OOOOAnd although the House of
Representatives is not immediately to participate in foreign
negotiations and arrangements, yet from the necessary connection
between the several branches of public affairs, those particular
branches will frequently deserve attention in the ordinary course of
legislation, and will sometimes demand particular legislative sanction
and co-operation. Some portion of this knowledge may, no doubt, be
acquired in a man's closet; but some of it also can only be derived
from the public sources of information; and all of it will be acquired
to best effect by a practical attention to the subject during the
period of actual service in the legislature. There are other
considerations, of less importance, perhaps, but which are not
unworthy of notice. The distance which many of the representatives
will be obliged to travel, and the arrangements rendered necessary by
that circumstance, might be much more serious objections with fit men
to this service, if limited to a single year, than if extended to two
years. No argument can be drawn on this subject, from the case of the
delegates to the existing Congress. They are elected annually, it is
true; but their re-election is considered by the legislative
assemblies almost as a matter of course. The election of the
representatives by the people would not be governed by the same
principle. A few of the members, as happens in all such assemblies,
will possess superior talents; will, by frequent reelections, become
members of long standing; will be thoroughly masters of the public
business, and perhaps not unwilling to avail themselves of those
advantages. The greater the proportion of new members, and the less
the information of the bulk of the members the more apt will they be
to fall into the snares that may be laid for them. This remark is no
less applicable to the relation which will subsist between the House
of Representatives and the Senate.
OOOOIt is an inconvenience mingled with
the advantages of our frequent elections even in single States, where
they are large, and hold but one legislative session in a year, that
spurious elections cannot be investigated and annulled in time for the
decision to have its due effect. If a return can be obtained, no
matter by what unlawful means, the irregular member, who takes his
seat of course, is sure of holding it a sufficient time to answer his
purposes. Hence, a very pernicious encouragement is given to the use
of unlawful means, for obtaining irregular returns. Were elections for
the federal legislature to be annual, this practice might become a
very serious abuse, particularly in the more distant States. Each
house is, as it necessarily must be, the judge of the elections,
qualifications, and returns of its members; and whatever improvements
may be suggested by experience, for simplifying and accelerating the
process in disputed cases, so great a portion of a year would
unavoidably elapse, before an illegitimate member could be
dispossessed of his seat, that the prospect of such an event would be
little check to unfair and illicit means of obtaining a seat. All
these considerations taken together warrant us in affirming, that
biennial elections will be as useful to the affairs of the public as
we have seen that they will be safe to the liberty of the people.
OOOOPUBLIUS.
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