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To
the People of the State of New York:
OOOOTHE more candid opposers of the
provision respecting elections, contained in the plan of the
convention, when pressed in argument, will sometimes concede the
propriety of that provision; with this qualification, however, that it
ought to have been accompanied with a declaration, that all elections
should be had in the counties where the electors resided. This, say
they, was a necessary precaution against an abuse of the power. A
declaration of this nature would certainly have been harmless; so far
as it would have had the effect of quieting apprehensions, it might
not have been undesirable. But it would, in fact, have afforded little
or no additional security against the danger apprehended; and the want
of it will never be considered, by an impartial and judicious
examiner, as a serious, still less as an insuperable, objection to the
plan. The different views taken of the subject in the two preceding
papers must be sufficient to satisfy all dispassionate and discerning
men, that if the public liberty should ever be the victim of the
ambition of the national rulers, the power under examination, at
least, will be guiltless of the sacrifice.
OOOOIf those who are inclined to consult
their jealousy only, would exercise it in a careful inspection of the
several State constitutions, they would find little less room for
disquietude and alarm, from the latitude which most of them allow in
respect to elections, than from the latitude which is proposed to be
allowed to the national government in the same respect. A review of
their situation, in this particular, would tend greatly to remove any
ill impressions which may remain in regard to this matter. But as that
view would lead into long and tedious details, I shall content myself
with the single example of the State in which I write. The
constitution of New York makes no other provision for LOCALITY of
elections, than that the members of the Assembly shall be elected in
the COUNTIES; those of the Senate, in the great districts into which
the State is or may be divided: these at present are four in number,
and comprehend each from two to six counties. It may readily be
perceived that it would not be more difficult to the legislature of
New York to defeat the suffrages of the citizens of New York, by
confining elections to particular places, than for the legislature of
the United States to defeat the suffrages of the citizens of the
Union, by the like expedient. Suppose, for instance, the city of
Albany was to be appointed the sole place of election for the county
and district of which it is a part, would not the inhabitants of that
city speedily become the only electors of the members both of the
Senate and Assembly for that county and district? Can we imagine that
the electors who reside in the remote subdivisions of the counties of
Albany, Saratoga, Cambridge, etc., or in any part of the county of
Montgomery, would take the trouble to come to the city of Albany, to
give their votes for members of the Assembly or Senate, sooner than
they would repair to the city of New York, to participate in the
choice of the members of the federal House of Representatives? The
alarming indifference discoverable in the exercise of so invaluable a
privilege under the existing laws, which afford every facility to it,
furnishes a ready answer to this question. And, abstracted from any
experience on the subject, we can be at no loss to determine, that
when the place of election is at an INCONVENIENT DISTANCE from the
elector, the effect upon his conduct will be the same whether that
distance be twenty miles or twenty thousand miles. Hence it must
appear, that objections to the particular modification of the federal
power of regulating elections will, in substance, apply with equal
force to the modification of the like power in the constitution of
this State; and for this reason it will be impossible to acquit the
one, and to condemn the other. A similar comparison would lead to the
same conclusion in respect to the constitutions of most of the other
States.
OOOOIf it should be said that defects in
the State constitutions furnish no apology for those which are to be
found in the plan proposed, I answer, that as the former have never
been thought chargeable with inattention to the security of liberty,
where the imputations thrown on the latter can be shown to be
applicable to them also, the presumption is that they are rather the
cavilling refinements of a predetermined opposition, than the
well-founded inferences of a candid research after truth. To those who
are disposed to consider, as innocent omissions in the State
constitutions, what they regard as unpardonable blemishes in the plan
of the convention, nothing can be said; or at most, they can only be
asked to assign some substantial reason why the representatives of the
people in a single State should be more impregnable to the lust of
power, or other sinister motives, than the representatives of the
people of the United States? If they cannot do this, they ought at
least to prove to us that it is easier to subvert the liberties of
three millions of people, with the advantage of local governments to
head their opposition, than of two hundred thousand people who are
destitute of that advantage. And in relation to the point immediately
under consideration, they ought to convince us that it is less
probable that a predominant faction in a single State should, in order
to maintain its superiority, incline to a preference of a particular
class of electors, than that a similar spirit should take possession
of the representatives of thirteen States, spread over a vast region,
and in several respects distinguishable from each other by a diversity
of local circumstances, prejudices, and interests.
OOOOHitherto my observations have only
aimed at a vindication of the provision in question, on the ground of
theoretic propriety, on that of the danger of placing the power
elsewhere, and on that of the safety of placing it in the manner
proposed. But there remains to be mentioned a positive advantage which
will result from this disposition, and which could not as well have
been obtained from any other: I allude to the circumstance of
uniformity in the time of elections for the federal House of
Representatives. It is more than possible that this uniformity may be
found by experience to be of great importance to the public welfare,
both as a security against the perpetuation of the same spirit in the
body, and as a cure for the diseases of faction. If each State may
choose its own time of election, it is possible there may be at least
as many different periods as there are months in the year. The times
of election in the several States, as they are now established for
local purposes, vary between extremes as wide as March and November.
The consequence of this diversity would be that there could never
happen a total dissolution or renovation of the body at one time. If
an improper spirit of any kind should happen to prevail in it, that
spirit would be apt to infuse itself into the new members, as they
come forward in succession. The mass would be likely to remain nearly
the same, assimilating constantly to itself its gradual accretions.
There is a contagion in example which few men have sufficient force of
mind to resist. I am inclined to think that treble the duration in
office, with the condition of a total dissolution of the body at the
same time, might be less formidable to liberty than one third of that
duration subject to gradual and successive alterations.
OOOOUniformity in the time of elections
seems not less requisite for executing the idea of a regular rotation
in the Senate, and for conveniently assembling the legislature at a
stated period in each year.
OOOOIt may be asked, Why, then, could
not a time have been fixed in the Constitution? As the most zealous
adversaries of the plan of the convention in this State are, in
general, not less zealous admirers of the constitution of the State,
the question may be retorted, and it may be asked, Why was not a time
for the like purpose fixed in the constitution of this State? No
better answer can be given than that it was a matter which might
safely be entrusted to legislative discretion; and that if a time had
been appointed, it might, upon experiment, have been found less
convenient than some other time. The same answer may be given to the
question put on the other side. And it may be added that the supposed
danger of a gradual change being merely speculative, it would have
been hardly advisable upon that speculation to establish, as a
fundamental point, what would deprive several States of the
convenience of having the elections for their own governments and for
the national government at the same epochs.
OOOOPUBLIUS.
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