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To
the People of the State of New York:
OOOOA FIFTH desideratum, illustrating
the utility of a senate, is the want of a due sense of national
character. Without a select and stable member of the government, the
esteem of foreign powers will not only be forfeited by an
unenlightened and variable policy, proceeding from the causes already
mentioned, but the national councils will not possess that sensibility
to the opinion of the world, which is perhaps not less necessary in
order to merit, than it is to obtain, its respect and confidence.
OOOOAn attention to the judgment of
other nations is important to every government for two reasons: the
one is, that, independently of the merits of any particular plan or
measure, it is desirable, on various accounts, that it should appear
to other nations as the offspring of a wise and honorable policy; the
second is, that in doubtful cases, particularly where the national
councils may be warped by some strong passion or momentary interest,
the presumed or known opinion of the impartial world may be the best
guide that can be followed. What has not America lost by her want of
character with foreign nations; and how many errors and follies would
she not have avoided, if the justice and propriety of her measures
had, in every instance, been previously tried by the light in which
they would probably appear to the unbiased part of mankind?
OOOOYet however requisite a sense of
national character may be, it is evident that it can never be
sufficiently possessed by a numerous and changeable body. It can only
be found in a number so small that a sensible degree of the praise and
blame of public measures may be the portion of each individual; or in
an assembly so durably invested with public trust, that the pride and
consequence of its members may be sensibly incorporated with the
reputation and prosperity of the community. The half-yearly
representatives of Rhode Island would probably have been little
affected in their deliberations on the iniquitous measures of that
State, by arguments drawn from the light in which such measures would
be viewed by foreign nations, or even by the sister States; whilst it
can scarcely be doubted that if the concurrence of a select and stable
body had been necessary, a regard to national character alone would
have prevented the calamities under which that misguided people is now
laboring.
OOOOI add, as a SIXTH defect the want,
in some important cases, of a due responsibility in the government to
the people, arising from that frequency of elections which in other
cases produces this responsibility. This remark will, perhaps, appear
not only new, but paradoxical. It must nevertheless be acknowledged,
when explained, to be as undeniable as it is important.
OOOOResponsibility, in order to be
reasonable, must be limited to objects within the power of the
responsible party, and in order to be effectual, must relate to
operations of that power, of which a ready and proper judgment can be
formed by the constituents. The objects of government may be divided
into two general classes: the one depending on measures which have
singly an immediate and sensible operation; the other depending on a
succession of well-chosen and well-connected measures, which have a
gradual and perhaps unobserved operation. The importance of the latter
description to the collective and permanent welfare of every country,
needs no explanation. And yet it is evident that an assembly elected
for so short a term as to be unable to provide more than one or two
links in a chain of measures, on which the general welfare may
essentially depend, ought not to be answerable for the final result,
any more than a steward or tenant, engaged for one year, could be
justly made to answer for places or improvements which could not be
accomplished in less than half a dozen years. Nor is it possible for
the people to estimate the SHARE of influence which their annual
assemblies may respectively have on events resulting from the mixed
transactions of several years. It is sufficiently difficult to
preserve a personal responsibility in the members of a NUMEROUS body,
for such acts of the body as have an immediate, detached, and palpable
operation on its constituents.
OOOOThe proper remedy for this defect
must be an additional body in the legislative department, which,
having sufficient permanency to provide for such objects as require a
continued attention, and a train of measures, may be justly and
effectually answerable for the attainment of those objects.
OOOOThus far I have considered the
circumstances which point out the necessity of a well-constructed
Senate only as they relate to the representatives of the people. To a
people as little blinded by prejudice or corrupted by flattery as
those whom I address, I shall not scruple to add, that such an
institution may be sometimes necessary as a defense to the people
against their own temporary errors and delusions. As the cool and
deliberate sense of the community ought, in all governments, and
actually will, in all free governments, ultimately prevail over the
views of its rulers; so there are particular moments in public affairs
when the people, stimulated by some irregular passion, or some illicit
advantage, or misled by the artful misrepresentations of interested
men, may call for measures which they themselves will afterwards be
the most ready to lament and condemn. In these critical moments, how
salutary will be the interference of some temperate and respectable
body of citizens, in order to check the misguided career, and to
suspend the blow meditated by the people against themselves, until
reason, justice, and truth can regain their authority over the public
mind? What bitter anguish would not the people of Athens have often
escaped if their government had contained so provident a safeguard
against the tyranny of their own passions? Popular liberty might then
have escaped the indelible reproach of decreeing to the same citizens
the hemlock on one day and statues on the next.
OOOOIt may be suggested, that a people
spread over an extensive region cannot, like the crowded inhabitants
of a small district, be subject to the infection of violent passions,
or to the danger of combining in pursuit of unjust measures. I am far
from denying that this is a distinction of peculiar importance. I
have, on the contrary, endeavored in a former paper to show, that it
is one of the principal recommendations of a confederated republic. At
the same time, this advantage ought not to be considered as
superseding the use of auxiliary precautions. It may even be remarked,
that the same extended situation, which will exempt the people of
America from some of the dangers incident to lesser republics, will
expose them to the inconveniency of remaining for a longer time under
the influence of those misrepresentations which the combined industry
of interested men may succeed in distributing among them.
OOOOIt adds no small weight to all these
considerations, to recollect that history informs us of no long-lived
republic which had not a senate. Sparta, Rome, and Carthage are, in
fact, the only states to whom that character can be applied. In each
of the two first there was a senate for life. The constitution of the
senate in the last is less known. Circumstantial evidence makes it
probable that it was not different in this particular from the two
others. It is at least certain, that it had some quality or other
which rendered it an anchor against popular fluctuations; and that a
smaller council, drawn out of the senate, was appointed not only for
life, but filled up vacancies itself. These examples, though as unfit
for the imitation, as they are repugnant to the genius, of America,
are, notwithstanding, when compared with the fugitive and turbulent
existence of other ancient republics, very instructive proofs of the
necessity of some institution that will blend stability with liberty.
I am not unaware of the circumstances which distinguish the American
from other popular governments, as well ancient as modern; and which
render extreme circumspection necessary, in reasoning from the one
case to the other. But after allowing due weight to this
consideration, it may still be maintained, that there are many points
of similitude which render these examples not unworthy of our
attention. Many of the defects, as we have seen, which can only be
supplied by a senatorial institution, are common to a numerous
assembly frequently elected by the people, and to the people
themselves. There are others peculiar to the former, which require the
control of such an institution. The people can never wilfully betray
their own interests; but they may possibly be betrayed by the
representatives of the people; and the danger will be evidently
greater where the whole legislative trust is lodged in the hands of
one body of men, than where the concurrence of separate and dissimilar
bodies is required in every public act.
OOOOThe difference most relied on,
between the American and other republics, consists in the principle of
representation; which is the pivot on which the former move, and which
is supposed to have been unknown to the latter, or at least to the
ancient part of them. The use which has been made of this difference,
in reasonings contained in former papers, will have shown that I am
disposed neither to deny its existence nor to undervalue its
importance. I feel the less restraint, therefore, in observing, that
the position concerning the ignorance of the ancient governments on
the subject of representation, is by no means precisely true in the
latitude commonly given to it. Without entering into a disquisition
which here would be misplaced, I will refer to a few known facts, in
support of what I advance.
OOOOIn the most pure democracies of
Greece, many of the executive functions were performed, not by the
people themselves, but by officers elected by the people, and
REPRESENTING the people in their EXECUTIVE capacity.
OOOOPrior to the reform of Solon, Athens
was governed by nine Archons, annually ELECTED BY THE PEOPLE AT LARGE.
The degree of power delegated to them seems to be left in great
obscurity. Subsequent to that period, we find an assembly, first of
four, and afterwards of six hundred members, annually ELECTED BY THE
PEOPLE; and PARTIALLY representing them in their LEGISLATIVE capacity,
since they were not only associated with the people in the function of
making laws, but had the exclusive right of originating legislative
propositions to the people. The senate of Carthage, also, whatever
might be its power, or the duration of its appointment, appears to
have been ELECTIVE by the suffrages of the people. Similar instances
might be traced in most, if not all the popular governments of
antiquity.
OOOOLastly, in Sparta we meet with the
Ephori, and in Rome with the Tribunes; two bodies, small indeed in
numbers, but annually ELECTED BY THE WHOLE BODY OF THE PEOPLE, and
considered as the REPRESENTATIVES of the people, almost in their
PLENIPOTENTIARY capacity. The Cosmi of Crete were also annually
ELECTED BY THE PEOPLE, and have been considered by some authors as an
institution analogous to those of Sparta and Rome, with this
difference only, that in the election of that representative body the
right of suffrage was communicated to a part only of the people.
OOOOFrom these facts, to which many
others might be added, it is clear that the principle of
representation was neither unknown to the ancients nor wholly
overlooked in their political constitutions. The true distinction
between these and the American governments, lies IN THE TOTAL
EXCLUSION OF THE PEOPLE, IN THEIR COLLECTIVE CAPACITY, from any share
in the LATTER, and not in the TOTAL EXCLUSION OF THE REPRESENTATIVES
OF THE PEOPLE from the administration of the FORMER. The distinction,
however, thus qualified, must be admitted to leave a most advantageous
superiority in favor of the United States. But to insure to this
advantage its full effect, we must be careful not to separate it from
the other advantage, of an extensive territory. For it cannot be
believed, that any form of representative government could have
succeeded within the narrow limits occupied by the democracies of
Greece.
OOOOIn answer to all these arguments,
suggested by reason, illustrated by examples, and enforced by our own
experience, the jealous adversary of the Constitution will probably
content himself with repeating, that a senate appointed not
immediately by the people, and for the term of six years, must
gradually acquire a dangerous pre-eminence in the government, and
finally transform it into a tyrannical aristocracy.
OOOOTo this general answer, the general
reply ought to be sufficient, that liberty may be endangered by the
abuses of liberty as well as by the abuses of power; that there are
numerous instances of the former as well as of the latter; and that
the former, rather than the latter, are apparently most to be
apprehended by the United States. But a more particular reply may be
given.
OOOOBefore such a revolution can be
effected, the Senate, it is to be observed, must in the first place
corrupt itself; must next corrupt the State legislatures; must then
corrupt the House of Representatives; and must finally corrupt the
people at large. It is evident that the Senate must be first corrupted
before it can attempt an establishment of tyranny. Without corrupting
the State legislatures, it cannot prosecute the attempt, because the
periodical change of members would otherwise regenerate the whole
body. Without exerting the means of corruption with equal success on
the House of Representatives, the opposition of that coequal branch of
the government would inevitably defeat the attempt; and without
corrupting the people themselves, a succession of new representatives
would speedily restore all things to their pristine order. Is there
any man who can seriously persuade himself that the proposed Senate
can, by any possible means within the compass of human address, arrive
at the object of a lawless ambition, through all these obstructions?
OOOOIf reason condemns the suspicion,
the same sentence is pronounced by experience. The constitution of
Maryland furnishes the most apposite example. The Senate of that State
is elected, as the federal Senate will be, indirectly by the people,
and for a term less by one year only than the federal Senate. It is
distinguished, also, by the remarkable prerogative of filling up its
own vacancies within the term of its appointment, and, at the same
time, is not under the control of any such rotation as is provided for
the federal Senate. There are some other lesser distinctions, which
would expose the former to colorable objections, that do not lie
against the latter. If the federal Senate, therefore, really contained
the danger which has been so loudly proclaimed, some symptoms at least
of a like danger ought by this time to have been betrayed by the
Senate of Maryland, but no such symptoms have appeared. On the
contrary, the jealousies at first entertained by men of the same
description with those who view with terror the correspondent part of
the federal Constitution, have been gradually extinguished by the
progress of the experiment; and the Maryland constitution is daily
deriving, from the salutary operation of this part of it, a reputation
in which it will probably not be rivalled by that of any State in the
Union.
OOOOBut if any thing could silence the
jealousies on this subject, it ought to be the British example. The
Senate there instead of being elected for a term of six years, and of
being unconfined to particular families or fortunes, is an hereditary
assembly of opulent nobles. The House of Representatives, instead of
being elected for two years, and by the whole body of the people, is
elected for seven years, and, in very great proportion, by a very
small proportion of the people. Here, unquestionably, ought to be seen
in full display the aristocratic usurpations and tyranny which are at
some future period to be exemplified in the United States.
Unfortunately, however, for the anti-federal argument, the British
history informs us that this hereditary assembly has not been able to
defend itself against the continual encroachments of the House of
Representatives; and that it no sooner lost the support of the
monarch, than it was actually crushed by the weight of the popular
branch.
OOOOAs far as antiquity can instruct us
on this subject, its examples support the reasoning which we have
employed. In Sparta, the Ephori, the annual representatives of the
people, were found an overmatch for the senate for life, continually
gained on its authority and finally drew all power into their own
hands. The Tribunes of Rome, who were the representatives of the
people, prevailed, it is well known, in almost every contest with the
senate for life, and in the end gained the most complete triumph over
it. The fact is the more remarkable, as unanimity was required in
every act of the Tribunes, even after their number was augmented to
ten. It proves the irresistible force possessed by that branch of a
free government, which has the people on its side. To these examples
might be added that of Carthage, whose senate, according to the
testimony of Polybius, instead of drawing all power into its vortex,
had, at the commencement of the second Punic War, lost almost the
whole of its original portion.
OOOOBesides the conclusive evidence
resulting from this assemblage of facts, that the federal Senate will
never be able to transform itself, by gradual usurpations, into an
independent and aristocratic body, we are warranted in believing, that
if such a revolution should ever happen from causes which the
foresight of man cannot guard against, the House of Representatives,
with the people on their side, will at all times be able to bring back
the Constitution to its primitive form and principles. Against the
force of the immediate representatives of the people, nothing will be
able to maintain even the constitutional authority of the Senate, but
such a display of enlightened policy, and attachment to the public
good, as will divide with that branch of the legislature the
affections and support of the entire body of the people themselves.
OOOOPUBLIUS
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