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To the People of
the State of New York:
OOOOTHE 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.
OOOOA 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.
OOOOTo 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.
OOOOThis 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.
OOOOThe 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
OOOOIt 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 constitutents, 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 constitutents, 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.
OOOOYet 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.
OOOOPUBLIUS.
1.
Burgh's "Political Disquisitions"
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