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To the People of
the State of New York:
OOOOTHE number of which the House of
Representatives is to consist, forms another and a very interesting
point of view, under which this branch of the federal legislature may
be contemplated. Scarce any article, indeed, in the whole Constitution
seems to be rendered more worthy of attention, by the weight of
character and the apparent force of argument with which it has been
assailed. The charges exhibited against it are, first, that so small a
number of representatives will be an unsafe depositary of the public
interests; secondly, that they will not possess a proper knowledge of
the local circumstances of their numerous constituents; thirdly, that
they will be taken from that class of citizens which will sympathize
least with the feelings of the mass of the people, and be most likely
to aim at a permanent elevation of the few on the depression of the
many; fourthly, that defective as the number will be in the first
instance, it will be more and more disproportionate, by the increase
of the people, and the obstacles which will prevent a correspondent
increase of the representatives. In general it may be remarked on this
subject, that no political problem is less susceptible of a precise
solution than that which relates to the number most convenient for a
representative legislature; nor is there any point on which the policy
of the several States is more at variance, whether we compare their
legislative assemblies directly with each other, or consider the
proportions which they respectively bear to the number of their
constituents. Passing over the difference between the smallest and
largest States, as Delaware, whose most numerous branch consists of
twenty-one representatives, and Massachusetts, where it amounts to
between three and four hundred, a very considerable difference is
observable among States nearly equal in population. The number of
representatives in Pennsylvania is not more than one fifth of that in
the State last mentioned. New York, whose population is to that of
South Carolina as six to five, has little more than one third of the
number of representatives. As great a disparity prevails between the
States of Georgia and Delaware or Rhode Island. In Pennsylvania, the
representatives do not bear a greater proportion to their constituents
than of one for every four or five thousand. In Rhode Island, they
bear a proportion of at least one for every thousand. And according to
the constitution of Georgia, the proportion may be carried to one to
every ten electors; and must unavoidably far exceed the proportion in
any of the other States.
OOOOAnother general remark to be made
is, that the ratio between the representatives and the people ought
not to be the same where the latter are very numerous as where they
are very few. Were the representatives in Virginia to be regulated by
the standard in Rhode Island, they would, at this time, amount to
between four and five hundred; and twenty or thirty years hence, to a
thousand. On the other hand, the ratio of Pennsylvania, if applied to
the State of Delaware, would reduce the representative assembly of the
latter to seven or eight members. Nothing can be more fallacious than
to found our political calculations on arithmetical principles. Sixty
or seventy men may be more properly trusted with a given degree of
power than six or seven. But it does not follow that six or seven
hundred would be proportionably a better depositary. And if we carry
on the supposition to six or seven thousand, the whole reasoning ought
to be reversed. The truth is, that in all cases a certain number at
least seems to be necessary to secure the benefits of free
consultation and discussion, and to guard against too easy a
combination for improper purposes; as, on the other hand, the number
ought at most to be kept within a certain limit, in order to avoid the
confusion and intemperance of a multitude. In all very numerous
assemblies, of whatever character composed, passion never fails to
wrest the sceptre from reason. Had every Athenian citizen been a
Socrates, every Athenian assembly would still have been a mob.
OOOOIt is necessary also to recollect
here the observations which were applied to the case of biennial
elections. For the same reason that the limited powers of the
Congress, and the control of the State legislatures, justify less
frequent elections than the public safely might otherwise require, the
members of the Congress need be less numerous than if they possessed
the whole power of legislation, and were under no other than the
ordinary restraints of other legislative bodies. With these general
ideas in our mind, let us weigh the objections which have been stated
against the number of members proposed for the House of
Representatives. It is said, in the first place, that so small a
number cannot be safely trusted with so much power. The number of
which this branch of the legislature is to consist, at the outset of
the government, will be sixty-five. Within three years a census is to
be taken, when the number may be augmented to one for every thirty
thousand inhabitants; and within every successive period of ten years
the census is to be renewed, and augmentations may continue to be made
under the above limitation. It will not be thought an extravagant
conjecture that the first census will, at the rate of one for every
thirty thousand, raise the number of representatives to at least one
hundred. Estimating the negroes in the proportion of three fifths, it
can scarcely be doubted that the population of the United States will
by that time, if it does not already, amount to three millions. At the
expiration of twenty-five years, according to the computed rate of
increase, the number of representatives will amount to two hundred,
and of fifty years, to four hundred. This is a number which, I
presume, will put an end to all fears arising from the smallness of
the body. I take for granted here what I shall, in answering the
fourth objection, hereafter show, that the number of representatives
will be augmented from time to time in the manner provided by the
Constitution.
OOOOOn a contrary supposition, I should
admit the objection to have very great weight indeed. The true
question to be decided then is, whether the smallness of the number,
as a temporary regulation, be dangerous to the public liberty? Whether
sixty-five members for a few years, and a hundred or two hundred for a
few more, be a safe depositary for a limited and well-guarded power of
legislating for the United States? I must own that I could not give a
negative answer to this question, without first obliterating every
impression which I have received with regard to the present genius of
the people of America, the spirit which actuates the State
legislatures, and the principles which are incorporated with the
political character of every class of citizens I am unable to conceive
that the people of America, in their present temper, or under any
circumstances which can speedily happen, will choose, and every second
year repeat the choice of, sixty-five or a hundred men who would be
disposed to form and pursue a scheme of tyranny or treachery. I am
unable to conceive that the State legislatures, which must feel so
many motives to watch, and which possess so many means of
counteracting, the federal legislature, would fail either to detect or
to defeat a conspiracy of the latter against the liberties of their
common constituents. I am equally unable to conceive that there are at
this time, or can be in any short time, in the United States, any
sixty-five or a hundred men capable of recommending themselves to the
choice of the people at large, who would either desire or dare, within
the short space of two years, to betray the solemn trust committed to
them. What change of circumstances, time, and a fuller population of
our country may produce, requires a prophetic spirit to declare, which
makes no part of my pretensions.
OOOOBut judging from the circumstances
now before us, and from the probable state of them within a moderate
period of time, I must pronounce that the liberties of America cannot
be unsafe in the number of hands proposed by the federal Constitution.
From what quarter can the danger proceed? Are we afraid of foreign
gold? If foreign gold could so easily corrupt our federal rulers and
enable them to ensnare and betray their constituents, how has it
happened that we are at this time a free and independent nation? The
Congress which conducted us through the Revolution was a less numerous
body than their successors will be; they were not chosen by, nor
responsible to, their fellow citizens at large; though appointed from
year to year, and recallable at pleasure, they were generally
continued for three years, and prior to the ratification of the
federal articles, for a still longer term. They held their
consultations always under the veil of secrecy; they had the sole
transaction of our affairs with foreign nations; through the whole
course of the war they had the fate of their country more in their
hands than it is to be hoped will ever be the case with our future
representatives; and from the greatness of the prize at stake, and the
eagerness of the party which lost it, it may well be supposed that the
use of other means than force would not have been scrupled. Yet we
know by happy experience that the public trust was not betrayed; nor
has the purity of our public councils in this particular ever
suffered, even from the whispers of calumny. Is the danger apprehended
from the other branches of the federal government? But where are the
means to be found by the President, or the Senate, or both? Their
emoluments of office, it is to be presumed, will not, and without a
previous corruption of the House of Representatives cannot, more than
suffice for very different purposes; their private fortunes, as they
must all be American citizens, cannot possibly be sources of danger.
The only means, then, which they can possess, will be in the
dispensation of appointments. Is it here that suspicion rests her
charge? Sometimes we are told that this fund of corruption is to be
exhausted by the President in subduing the virtue of the Senate.
OOOONow, the fidelity of the other House
is to be the victim. The improbability of such a mercenary and
perfidious combination of the several members of government, standing
on as different foundations as republican principles will well admit,
and at the same time accountable to the society over which they are
placed, ought alone to quiet this apprehension. But, fortunately, the
Constitution has provided a still further safeguard. The members of
the Congress are rendered ineligible to any civil offices that may be
created, or of which the emoluments may be increased, during the term
of their election. No offices therefore can be dealt out to the
existing members but such as may become vacant by ordinary casualties:
and to suppose that these would be sufficient to purchase the
guardians of the people, selected by the people themselves, is to
renounce every rule by which events ought to be calculated, and to
substitute an indiscriminate and unbounded jealousy, with which all
reasoning must be vain. The sincere friends of liberty, who give
themselves up to the extravagancies of this passion, are not aware of
the injury they do their own cause. As there is a degree of depravity
in mankind which requires a certain degree of circumspection and
distrust, so there are other qualities in human nature which justify a
certain portion of esteem and confidence. Republican government
presupposes the existence of these qualities in a higher degree than
any other form. Were the pictures which have been drawn by the
political jealousy of some among us faithful likenesses of the human
character, the inference would be, that there is not sufficient virtue
among men for self-government; and that nothing less than the chains
of despotism can restrain them from destroying and devouring one
another.
OOOOPUBLIUS.
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