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To
the People of the State of New York:
OOOOTHE remaining charge against the
House of Representatives, which I am to examine, is grounded on a
supposition that the number of members will not be augmented from time
to time, as the progress of population may demand. It has been
admitted, that this objection, if well supported, would have great
weight. The following observations will show that, like most other
objections against the Constitution, it can only proceed from a
partial view of the subject, or from a jealousy which discolors and
disfigures every object which is beheld.
OOOO1. Those who urge the objection seem
not to have recollected that the federal Constitution will not suffer
by a comparison with the State constitutions, in the security provided
for a gradual augmentation of the number of representatives. The
number which is to prevail in the first instance is declared to be
temporary. Its duration is limited to the short term of three years.
Within every successive term of ten years a census of inhabitants is
to be repeated. The unequivocal objects of these regulations are,
first, to readjust, from time to time, the apportionment of
representatives to the number of inhabitants, under the single
exception that each State shall have one representative at least;
secondly, to augment the number of representatives at the same
periods, under the sole limitation that the whole number shall not
exceed one for every thirty thousand inhabitants. If we review the
constitutions of the several States, we shall find that some of them
contain no determinate regulations on this subject, that others
correspond pretty much on this point with the federal Constitution,
and that the most effectual security in any of them is resolvable into
a mere directory provision.
OOOO2. As far as experience has taken
place on this subject, a gradual increase of representatives under the
State constitutions has at least kept pace with that of the
constituents, and it appears that the former have been as ready to
concur in such measures as the latter have been to call for them.
OOOO3. There is a peculiarity in the
federal Constitution which insures a watchful attention in a majority
both of the people and of their representatives to a constitutional
augmentation of the latter. The peculiarity lies in this, that one
branch of the legislature is a representation of citizens, the other
of the States: in the former, consequently, the larger States will
have most weight; in the latter, the advantage will be in favor of the
smaller States. From this circumstance it may with certainty be
inferred that the larger States will be strenuous advocates for
increasing the number and weight of that part of the legislature in
which their influence predominates. And it so happens that four only
of the largest will have a majority of the whole votes in the House of
Representatives.
OOOOShould the representatives or
people, therefore, of the smaller States oppose at any time a
reasonable addition of members, a coalition of a very few States will
be sufficient to overrule the opposition; a coalition which,
notwithstanding the rivalship and local prejudices which might prevent
it on ordinary occasions, would not fail to take place, when not
merely prompted by common interest, but justified by equity and the
principles of the Constitution. It may be alleged, perhaps, that the
Senate would be prompted by like motives to an adverse coalition; and
as their concurrence would be indispensable, the just and
constitutional views of the other branch might be defeated. This is
the difficulty which has probably created the most serious
apprehensions in the jealous friends of a numerous representation.
Fortunately it is among the difficulties which, existing only in
appearance, vanish on a close and accurate inspection. The following
reflections will, if I mistake not, be admitted to be conclusive and
satisfactory on this point. Notwithstanding the equal authority which
will subsist between the two houses on all legislative subjects,
except the originating of money bills, it cannot be doubted that the
House, composed of the greater number of members, when supported by
the more powerful States, and speaking the known and determined sense
of a majority of the people, will have no small advantage in a
question depending on the comparative firmness of the two houses.
OOOOThis advantage must be increased by
the consciousness, felt by the same side of being supported in its
demands by right, by reason, and by the Constitution; and the
consciousness, on the opposite side, of contending against the force
of all these solemn considerations. It is farther to be considered,
that in the gradation between the smallest and largest States, there
are several, which, though most likely in general to arrange
themselves among the former are too little removed in extent and
population from the latter, to second an opposition to their just and
legitimate pretensions. Hence it is by no means certain that a
majority of votes, even in the Senate, would be unfriendly to proper
augmentations in the number of representatives. It will not be looking
too far to add, that the senators from all the new States may be
gained over to the just views of the House of Representatives, by an
expedient too obvious to be overlooked. As these States will, for a
great length of time, advance in population with peculiar rapidity,
they will be interested in frequent reapportionments of the
representatives to the number of inhabitants. The large States,
therefore, who will prevail in the House of Representatives, will have
nothing to do but to make reapportionments and augmentations mutually
conditions of each other; and the senators from all the most growing
States will be bound to contend for the latter, by the interest which
their States will feel in the former. These considerations seem to
afford ample security on this subject, and ought alone to satisfy all
the doubts and fears which have been indulged with regard to it.
Admitting, however, that they should all be insufficient to subdue the
unjust policy of the smaller States, or their predominant influence in
the councils of the Senate, a constitutional and infallible resource
still remains with the larger States, by which they will be able at
all times to accomplish their just purposes.
OOOOThe House of Representatives cannot
only refuse, but they alone can propose, the supplies requisite for
the support of government. They, in a word, hold the purse that
powerful instrument by which we behold, in the history of the British
Constitution, an infant and humble representation of the people
gradually enlarging the sphere of its activity and importance, and
finally reducing, as far as it seems to have wished, all the overgrown
prerogatives of the other branches of the government. This power over
the purse may, in fact, be regarded as the most complete and effectual
weapon with which any constitution can arm the immediate
representatives of the people, for obtaining a redress of every
grievance, and for carrying into effect every just and salutary
measure. But will not the House of Representatives be as much
interested as the Senate in maintaining the government in its proper
functions, and will they not therefore be unwilling to stake its
existence or its reputation on the pliancy of the Senate? Or, if such
a trial of firmness between the two branches were hazarded, would not
the one be as likely first to yield as the other? These questions will
create no difficulty with those who reflect that in all cases the
smaller the number, and the more permanent and conspicuous the
station, of men in power, the stronger must be the interest which they
will individually feel in whatever concerns the government.
OOOOT hose who represent the dignity of
their country in the eyes of other nations, will be particularly
sensible to every prospect of public danger, or of dishonorable
stagnation in public affairs. To those causes we are to ascribe the
continual triumph of the British House of Commons over the other
branches of the government, whenever the engine of a money bill has
been employed. An absolute inflexibility on the side of the latter,
although it could not have failed to involve every department of the
state in the general confusion, has neither been apprehended nor
experienced. The utmost degree of firmness that can be displayed by
the federal Senate or President, will not be more than equal to a
resistance in which they will be supported by constitutional and
patriotic principles. In this review of the Constitution of the House
of Representatives, I have passed over the circumstances of economy,
which, in the present state of affairs, might have had some effect in
lessening the temporary number of representatives, and a disregard of
which would probably have been as rich a theme of declamation against
the Constitution as has been shown by the smallness of the number
proposed. I omit also any remarks on the difficulty which might be
found, under present circumstances, in engaging in the federal service
a large number of such characters as the people will probably elect.
OOOOOne observation, however, I must be
permitted to add on this subject as claiming, in my judgment, a very
serious attention. It is, that in all legislative assemblies the
greater the number composing them may be, the fewer will be the men
who will in fact direct their proceedings. In the first place, the
more numerous an assembly may be, of whatever characters composed, the
greater is known to be the ascendency of passion over reason. In the
next place, the larger the number, the greater will be the proportion
of members of limited information and of weak capacities. Now, it is
precisely on characters of this description that the eloquence and
address of the few are known to act with all their force. In the
ancient republics, where the whole body of the people assembled in
person, a single orator, or an artful statesman, was generally seen to
rule with as complete a sway as if a sceptre had been placed in his
single hand.
OOOOOn the same principle, the more
multitudinous a representative assembly may be rendered, the more it
will partake of the infirmities incident to collective meetings of the
people. Ignorance will be the dupe of cunning, and passion the slave
of sophistry and declamation. The people can never err more than in
supposing that by multiplying their representatives beyond a certain
limit, they strengthen the barrier against the government of a few.
Experience will forever admonish them that, on the contrary, AFTER
SECURING A SUFFICIENT NUMBER FOR THE PURPOSES OF SAFETY, OF LOCAL
INFORMATION, AND OF DIFFUSIVE SYMPATHY WITH THE WHOLE SOCIETY, they
will counteract their own views by every addition to their
representatives. The countenance of the government may become more
democratic, but the soul that animates it will be more oligarchic. The
machine will be enlarged, but the fewer, and often the more secret,
will be the springs by which its motions are directed. As connected
with the objection against the number of representatives, may properly
be here noticed, that which has been suggested against the number made
competent for legislative business. It has been said that more than a
majority ought to have been required for a quorum; and in particular
cases, if not in all, more than a majority of a quorum for a decision.
That some advantages might have resulted from such a precaution,
cannot be denied. It might have been an additional shield to some
particular interests, and another obstacle generally to hasty and
partial measures. But these considerations are outweighed by the
inconveniences in the opposite scale.
OOOOIn all cases where justice or the
general good might require new laws to be passed, or active measures
to be pursued, the fundamental principle of free government would be
reversed. It would be no longer the majority that would rule: the
power would be transferred to the minority. Were the defensive
privilege limited to particular cases, an interested minority might
take advantage of it to screen themselves from equitable sacrifices to
the general weal, or, in particular emergencies, to extort
unreasonable indulgences. Lastly, it would facilitate and foster the
baneful practice of secessions; a practice which has shown itself even
in States where a majority only is required; a practice subversive of
all the principles of order and regular government; a practice which
leads more directly to public convulsions, and the ruin of popular
governments, than any other which has yet been displayed among us.
OOOOPUBLIUS.
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