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To
the People of the State of New York:
OOOOWE HAVE seen, that an uncontrollable
power over the elections to the federal government could not, without
hazard, be committed to the State legislatures. Let us now see, what
would be the danger on the other side; that is, from confiding the
ultimate right of regulating its own elections to the Union itself. It
is not pretended, that this right would ever be used for the exclusion
of any State from its share in the representation. The interest of all
would, in this respect at least, be the security of all. But it is
alleged, that it might be employed in such a manner as to promote the
election of some favorite class of men in exclusion of others, by
confining the places of election to particular districts, and
rendering it impracticable to the citizens at large to partake in the
choice. Of all chimerical suppositions, this seems to be the most
chimerical. On the one hand, no rational calculation of probabilities
would lead us to imagine that the disposition which a conduct so
violent and extraordinary would imply, could ever find its way into
the national councils; and on the other, it may be concluded with
certainty, that if so improper a spirit should ever gain admittance
into them, it would display itself in a form altogether different and
far more decisive.
OOOOThe improbability of the attempt may
be satisfactorily inferred from this single reflection, that it could
never be made without causing an immediate revolt of the great body of
the people, headed and directed by the State governments. It is not
difficult to conceive that this characteristic right of freedom may,
in certain turbulent and factious seasons, be violated, in respect to
a particular class of citizens, by a victorious and overbearing
majority; but that so fundamental a privilege, in a country so
situated and enlightened, should be invaded to the prejudice of the
great mass of the people, by the deliberate policy of the government,
without occasioning a popular revolution, is altogether inconceivable
and incredible.
OOOOIn addition to this general
reflection, there are considerations of a more precise nature, which
forbid all apprehension on the subject. The dissimilarity in the
ingredients which will compose the national government, and still more
in the manner in which they will be brought into action in its various
branches, must form a powerful obstacle to a concert of views in any
partial scheme of elections. There is sufficient diversity in the
state of property, in the genius, manners, and habits of the people of
the different parts of the Union, to occasion a material diversity of
disposition in their representatives towards the different ranks and
conditions in society. And though an intimate intercourse under the
same government will promote a gradual assimilation in some of these
respects, yet there are causes, as well physical as moral, which may,
in a greater or less degree, permanently nourish different
propensities and inclinations in this respect. But the circumstance
which will be likely to have the greatest influence in the matter,
will be the dissimilar modes of constituting the several component
parts of the government. The House of Representatives being to be
elected immediately by the people, the Senate by the State
legislatures, the President by electors chosen for that purpose by the
people, there would be little probability of a common interest to
cement these different branches in a predilection for any particular
class of electors.
OOOOAs to the Senate, it is impossible
that any regulation of "time and manner,'' which is all that is
proposed to be submitted to the national government in respect to that
body, can affect the spirit which will direct the choice of its
members. The collective sense of the State legislatures can never be
influenced by extraneous circumstances of that sort; a consideration
which alone ought to satisfy us that the discrimination apprehended
would never be attempted. For what inducement could the Senate have to
concur in a preference in which itself would not be included? Or to
what purpose would it be established, in reference to one branch of
the legislature, if it could not be extended to the other? The
composition of the one would in this case counteract that of the
other. And we can never suppose that it would embrace the appointments
to the Senate, unless we can at the same time suppose the voluntary
co-operation of the State legislatures. If we make the latter
supposition, it then becomes immaterial where the power in question is
placed whether in their hands or in those of the Union.
OOOOBut what is to be the object of this
capricious partiality in the national councils? Is it to be exercised
in a discrimination between the different departments of industry, or
between the different kinds of property, or between the different
degrees of property? Will it lean in favor of the landed interest, or
the moneyed interest, or the mercantile interest, or the manufacturing
interest? Or, to speak in the fashionable language of the adversaries
to the Constitution, will it court the elevation of "the wealthy
and the well-born,'' to the exclusion and debasement of all the rest
of the society?
OOOOIf this partiality is to be exerted
in favor of those who are concerned in any particular description of
industry or property, I presume it will readily be admitted, that the
competition for it will lie between landed men and merchants. And I
scruple not to affirm, that it is infinitely less likely that either
of them should gain an ascendant in the national councils, than that
the one or the other of them should predominate in all the local
councils. The inference will be, that a conduct tending to give an
undue preference to either is much less to be dreaded from the former
than from the latter.
OOOOThe several States are in various
degrees addicted to agriculture and commerce. In most, if not all of
them, agriculture is predominant. In a few of them, however, commerce
nearly divides its empire, and in most of them has a considerable
share of influence. In proportion as either prevails, it will be
conveyed into the national representation; and for the very reason,
that this will be an emanation from a greater variety of interests,
and in much more various proportions, than are to be found in any
single State, it will be much less apt to espouse either of them with
a decided partiality, than the representation of any single State.
OOOOIn a country consisting chiefly of
the cultivators of land, where the rules of an equal representation
obtain, the landed interest must, upon the whole, preponderate in the
government. As long as this interest prevails in most of the State
legislatures, so long it must maintain a correspondent superiority in
the national Senate, which will generally be a faithful copy of the
majorities of those assemblies. It cannot therefore be presumed, that
a sacrifice of the landed to the mercantile class will ever be a
favorite object of this branch of the federal legislature. In applying
thus particularly to the Senate a general observation suggested by the
situation of the country, I am governed by the consideration, that the
credulous votaries of State power cannot, upon their own principles,
suspect, that the State legislatures would be warped from their duty
by any external influence. But in reality the same situation must have
the same effect, in the primative composition at least of the federal
House of Representatives: an improper bias towards the mercantile
class is as little to be expected from this quarter as from the other.
OOOOIn order, perhaps, to give
countenance to the objection at any rate, it may be asked, is there
not danger of an opposite bias in the national government, which may
dispose it to endeavor to secure a monopoly of the federal
administration to the landed class? As there is little likelihood that
the supposition of such a bias will have any terrors for those who
would be immediately injured by it, a labored answer to this question
will be dispensed with. It will be sufficient to remark, first, that
for the reasons elsewhere assigned, it is less likely that any decided
partiality should prevail in the councils of the Union than in those
of any of its members. Secondly, that there would be no temptation to
violate the Constitution in favor of the landed class, because that
class would, in the natural course of things, enjoy as great a
preponderancy as itself could desire. And thirdly, that men accustomed
to investigate the sources of public prosperity upon a large scale,
must be too well convinced of the utility of commerce, to be inclined
to inflict upon it so deep a wound as would result from the entire
exclusion of those who would best understand its interest from a share
in the management of them. The importance of commerce, in the view of
revenue alone, must effectually guard it against the enmity of a body
which would be continually importuned in its favor, by the urgent
calls of public necessity.
OOOOI the rather consult brevity in
discussing the probability of a preference founded upon a
discrimination between the different kinds of industry and property,
because, as far as I understand the meaning of the objectors, they
contemplate a discrimination of another kind. They appear to have in
view, as the objects of the preference with which they endeavor to
alarm us, those whom they designate by the description of "the
wealthy and the well-born.'' These, it seems, are to be exalted to an
odious pre-eminence over the rest of their fellow-citizens. At one
time, however, their elevation is to be a necessary consequence of the
smallness of the representative body; at another time it is to be
effected by depriving the people at large of the opportunity of
exercising their right of suffrage in the choice of that body.
OOOOBut upon what principle is the
discrimination of the places of election to be made, in order to
answer the purpose of the meditated preference? Are "the wealthy
and the well-born,'' as they are called, confined to particular spots
in the several States? Have they, by some miraculous instinct or
foresight, set apart in each of them a common place of residence? Are
they only to be met with in the towns or cities? Or are they, on the
contrary, scattered over the face of the country as avarice or chance
may have happened to cast their own lot or that of their predecessors?
If the latter is the case, (as every intelligent man knows it to be [1])
is it not evident that the policy of confining the places of election
to particular districts would be as subversive of its own aim as it
would be exceptionable on every other account? The truth is, that
there is no method of securing to the rich the preference apprehended,
but by prescribing qualifications of property either for those who may
elect or be elected. But this forms no part of the power to be
conferred upon the national government. Its authority would be
expressly restricted to the regulation of the TIMES, the PLACES, the
MANNER of elections. The qualifications of the persons who may choose
or be chosen, as has been remarked upon other occasions, are defined
and fixed in the Constitution, and are unalterable by the legislature.
OOOOLet it, however, be admitted, for
argument sake, that the expedient suggested might be successful; and
let it at the same time be equally taken for granted that all the
scruples which a sense of duty or an apprehension of the danger of the
experiment might inspire, were overcome in the breasts of the national
rulers, still I imagine it will hardly be pretended that they could
ever hope to carry such an enterprise into execution without the aid
of a military force sufficient to subdue the resistance of the great
body of the people. The improbability of the existence of a force
equal to that object has been discussed and demonstrated in different
parts of these papers; but that the futility of the objection under
consideration may appear in the strongest light, it shall be conceded
for a moment that such a force might exist, and the national
government shall be supposed to be in the actual possession of it.
What will be the conclusion? With a disposition to invade the
essential rights of the community, and with the means of gratifying
that disposition, is it presumable that the persons who were actuated
by it would amuse themselves in the ridiculous task of fabricating
election laws for securing a preference to a favorite class of men?
Would they not be likely to prefer a conduct better adapted to their
own immediate aggrandizement? Would they not rather boldly resolve to
perpetuate themselves in office by one decisive act of usurpation,
than to trust to precarious expedients which, in spite of all the
precautions that might accompany them, might terminate in the
dismission, disgrace, and ruin of their authors? Would they not fear
that citizens, not less tenacious than conscious of their rights,
would flock from the remote extremes of their respective States to the
places of election, to overthrow their tyrants, and to substitute men
who would be disposed to avenge the violated majesty of the people?
OOOOPUBLIUS.
1.
Particularly in the Southern States and in this State.
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