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To
the People of the State of New York:
OOOOTHERE is an idea, which is not
without its advocates, that a vigorous Executive is inconsistent with
the genius of republican government. The enlightened well-wishers to
this species of government must at least hope that the supposition is
destitute of foundation; since they can never admit its truth, without
at the same time admitting the condemnation of their own principles.
Energy in the Executive is a leading character in the definition of
good government. It is essential to the protection of the community
against foreign attacks; it is not less essential to the steady
administration of the laws; to the protection of property against
those irregular and high-handed combinations which sometimes interrupt
the ordinary course of justice; to the security of liberty against the
enterprises and assaults of ambition, of faction, and of anarchy.
Every man the least conversant in Roman story, knows how often that
republic was obliged to take refuge in the absolute power of a single
man, under the formidable title of Dictator, as well against the
intrigues of ambitious individuals who aspired to the tyranny, and the
seditions of whole classes of the community whose conduct threatened
the existence of all government, as against the invasions of external
enemies who menaced the conquest and destruction of Rome.
OOOOThere can be no need, however, to
multiply arguments or examples on this head. A feeble Executive
implies a feeble execution of the government. A feeble execution is
but another phrase for a bad execution; and a government ill executed,
whatever it may be in theory, must be, in practice, a bad government.
OOOOTaking it for granted, therefore,
that all men of sense will agree in the necessity of an energetic
Executive, it will only remain to inquire, what are the ingredients
which constitute this energy? How far can they be combined with those
other ingredients which constitute safety in the republican sense? And
how far does this combination characterize the plan which has been
reported by the convention?
OOOOThe ingredients which constitute
energy in the Executive are, first, unity; secondly, duration;
thirdly, an adequate provision for its support; fourthly, competent
powers.
OOOOThe ingredients which constitute
safety in the republican sense are, first, a due dependence on the
people, secondly, a due responsibility.
OOOOThose politicians and statesmen who
have been the most celebrated for the soundness of their principles
and for the justice of their views, have declared in favor of a single
Executive and a numerous legislature. They have with great propriety,
considered energy as the most necessary qualification of the former,
and have regarded this as most applicable to power in a single hand,
while they have, with equal propriety, considered the latter as best
adapted to deliberation and wisdom, and best calculated to conciliate
the confidence of the people and to secure their privileges and
interests.
OOOOThat unity is conducive to energy
will not be disputed. Decision, activity, secrecy, and despatch will
generally characterize the proceedings of one man in a much more
eminent degree than the proceedings of any greater number; and in
proportion as the number is increased, these qualities will be
diminished.
OOOOThis unity may be destroyed in two
ways: either by vesting the power in two or more magistrates of equal
dignity and authority; or by vesting it ostensibly in one man,
subject, in whole or in part, to the control and co-operation of
others, in the capacity of counsellors to him. Of the first, the two
Consuls of Rome may serve as an example; of the last, we shall find
examples in the constitutions of several of the States. New York and
New Jersey, if I recollect right, are the only States which have
intrusted the executive authority wholly to single men.1
Both these methods of destroying the unity of the Executive have their
partisans; but the votaries of an executive council are the most
numerous. They are both liable, if not to equal, to similar
objections, and may in most lights be examined in conjunction.
OOOOThe experience of other nations will
afford little instruction on this head. As far, however, as it teaches
any thing, it teaches us not to be enamoured of plurality in the
Executive. We have seen that the Achaeans, on an experiment of two
Praetors, were induced to abolish one. The Roman history records many
instances of mischiefs to the republic from the dissensions between
the Consuls, and between the military Tribunes, who were at times
substituted for the Consuls. But it gives us no specimens of any
peculiar advantages derived to the state from the circumstance of the
plurality of those magistrates. That the dissensions between them were
not more frequent or more fatal, is a matter of astonishment, until we
advert to the singular position in which the republic was almost
continually placed, and to the prudent policy pointed out by the
circumstances of the state, and pursued by the Consuls, of making a
division of the government between them. The patricians engaged in a
perpetual struggle with the plebeians for the preservation of their
ancient authorities and dignities; the Consuls, who were generally
chosen out of the former body, were commonly united by the personal
interest they had in the defense of the privileges of their order. In
addition to this motive of union, after the arms of the republic had
considerably expanded the bounds of its empire, it became an
established custom with the Consuls to divide the administration
between themselves by lot one of them remaining at Rome to govern the
city and its environs, the other taking the command in the more
distant provinces. This expedient must, no doubt, have had great
influence in preventing those collisions and rivalships which might
otherwise have embroiled the peace of the republic.
OOOOBut quitting the dim light of
historical research, attaching ourselves purely to the dictates of
reason and good sense, we shall discover much greater cause to reject
than to approve the idea of plurality in the Executive, under any
modification whatever.
OOOOWherever two or more persons are
engaged in any common enterprise or pursuit, there is always danger of
difference of opinion. If it be a public trust or office, in which
they are clothed with equal dignity and authority, there is peculiar
danger of personal emulation and even animosity. From either, and
especially from all these causes, the most bitter dissensions are apt
to spring. Whenever these happen, they lessen the respectability,
weaken the authority, and distract the plans and operation of those
whom they divide. If they should unfortunately assail the supreme
executive magistracy of a country, consisting of a plurality of
persons, they might impede or frustrate the most important measures of
the government, in the most critical emergencies of the state. And
what is still worse, they might split the community into the most
violent and irreconcilable factions, adhering differently to the
different individuals who composed the magistracy.
OOOOMen often oppose a thing, merely
because they have had no agency in planning it, or because it may have
been planned by those whom they dislike. But if they have been
consulted, and have happened to disapprove, opposition then becomes,
in their estimation, an indispensable duty of self-love. They seem to
think themselves bound in honor, and by all the motives of personal
infallibility, to defeat the success of what has been resolved upon
contrary to their sentiments. Men of upright, benevolent tempers have
too many opportunities of remarking, with horror, to what desperate
lengths this disposition is sometimes carried, and how often the great
interests of society are sacrificed to the vanity, to the conceit, and
to the obstinacy of individuals, who have credit enough to make their
passions and their caprices interesting to mankind. Perhaps the
question now before the public may, in its consequences, afford
melancholy proofs of the effects of this despicable frailty, or rather
detestable vice, in the human character.
OOOOUpon the principles of a free
government, inconveniences from the source just mentioned must
necessarily be submitted to in the formation of the legislature; but
it is unnecessary, and therefore unwise, to introduce them into the
constitution of the Executive. It is here too that they may be most
pernicious. In the legislature, promptitude of decision is oftener an
evil than a benefit. The differences of opinion, and the jarrings of
parties in that department of the government, though they may
sometimes obstruct salutary plans, yet often promote deliberation and
circumspection, and serve to check excesses in the majority. When a
resolution too is once taken, the opposition must be at an end. That
resolution is a law, and resistance to it punishable. But no favorable
circumstances palliate or atone for the disadvantages of dissension in
the executive department. Here, they are pure and unmixed. There is no
point at which they cease to operate. They serve to embarrass and
weaken the execution of the plan or measure to which they relate, from
the first step to the final conclusion of it. They constantly
counteract those qualities in the Executive which are the most
necessary ingredients in its composition, vigor and expedition, and
this without any counter-balancing good. In the conduct of war, in
which the energy of the Executive is the bulwark of the national
security, every thing would be to be apprehended from its plurality.
OOOOIt must be confessed that these
observations apply with principal weight to the first case supposed
that is, to a plurality of magistrates of equal dignity and authority
a scheme, the advocates for which are not likely to form a numerous
sect; but they apply, though not with equal, yet with considerable
weight to the project of a council, whose concurrence is made
constitutionally necessary to the operations of the ostensible
Executive. An artful cabal in that council would be able to distract
and to enervate the whole system of administration. If no such cabal
should exist, the mere diversity of views and opinions would alone be
sufficient to tincture the exercise of the executive authority with a
spirit of habitual feebleness and dilatoriness.
OOOOBut one of the weightiest objections
to a plurality in the Executive, and which lies as much against the
last as the first plan, is, that it tends to conceal faults and
destroy responsibility. Responsibility is of two kinds to censure and
to punishment. The first is the more important of the two, especially
in an elective office. Man, in public trust, will much oftener act in
such a manner as to render him unworthy of being any longer trusted,
than in such a manner as to make him obnoxious to legal punishment.
But the multiplication of the Executive adds to the difficulty of
detection in either case. It often becomes impossible, amidst mutual
accusations, to determine on whom the blame or the punishment of a
pernicious measure, or series of pernicious measures, ought really to
fall. It is shifted from one to another with so much dexterity, and
under such plausible appearances, that the public opinion is left in
suspense about the real author. The circumstances which may have led
to any national miscarriage or misfortune are sometimes so complicated
that, where there are a number of actors who may have had different
degrees and kinds of agency, though we may clearly see upon the whole
that there has been mismanagement, yet it may be impracticable to
pronounce to whose account the evil which may have been incurred is
truly chargeable. "I was overruled by my council. The council
were so divided in their opinions that it was impossible to obtain any
better resolution on the point.'' These and similar pretexts are
constantly at hand, whether true or false. And who is there that will
either take the trouble or incur the odium, of a strict scrunity into
the secret springs of the transaction? Should there be found a citizen
zealous enough to undertake the unpromising task, if there happen to
be collusion between the parties concerned, how easy it is to clothe
the circumstances with so much ambiguity, as to render it uncertain
what was the precise conduct of any of those parties?
OOOOIn the single instance in which the
governor of this State is coupled with a council that is, in the
appointment to offices, we have seen the mischiefs of it in the view
now under consideration. Scandalous appointments to important offices
have been made. Some cases, indeed, have been so flagrant that ALL
PARTIES have agreed in the impropriety of the thing. When inquiry has
been made, the blame has been laid by the governor on the members of
the council, who, on their part, have charged it upon his nomination;
while the people remain altogether at a loss to determine, by whose
influence their interests have been committed to hands so unqualified
and so manifestly improper. In tenderness to individuals, I forbear to
descend to particulars.
OOOOIt is evident from these
considerations, that the plurality of the Executive tends to deprive
the people of the two greatest securities they can have for the
faithful exercise of any delegated power, first, the restraints of
public opinion, which lose their efficacy, as well on account of the
division of the censure attendant on bad measures among a number, as
on account of the uncertainty on whom it ought to fall; and, secondly,
the opportunity of discovering with facility and clearness the
misconduct of the persons they trust, in order either to their removal
from office or to their actual punishment in cases which admit of it.
OOOOIn England, the king is a perpetual
magistrate; and it is a maxim which has obtained for the sake of the
public peace, that he is unaccountable for his administration, and his
person sacred. Nothing, therefore, can be wiser in that kingdom, than
to annex to the king a constitutional council, who may be responsible
to the nation for the advice they give. Without this, there would be
no responsibility whatever in the executive department; an idea
inadmissible in a free government. But even there the king is not
bound by the resolutions of his council, though they are answerable
for the advice they give. He is the absolute master of his own conduct
in the exercise of his office, and may observe or disregard the
counsel given to him at his sole discretion.
OOOOBut in a republic, where every
magistrate ought to be personally responsible for his behavior in
office the reason which in the British Constitution dictates the
propriety of a council, not only ceases to apply, but turns against
the institution. In the monarchy of Great Britain, it furnishes a
substitute for the prohibited responsibility of the chief magistrate,
which serves in some degree as a hostage to the national justice for
his good behavior. In the American republic, it would serve to
destroy, or would greatly diminish, the intended and necessary
responsibility of the Chief Magistrate himself.
OOOOThe idea of a council to the
Executive, which has so generally obtained in the State constitutions,
has been derived from that maxim of republican jealousy which
considers power as safer in the hands of a number of men than of a
single man. If the maxim should be admitted to be applicable to the
case, I should contend that the advantage on that side would not
counterbalance the numerous disadvantages on the opposite side. But I
do not think the rule at all applicable to the executive power. I
clearly concur in opinion, in this particular, with a writer whom the
celebrated Junius pronounces to be "deep, solid, and ingenious,''
that "the executive power is more easily confined when it is
ONE''; 2 that it is far more safe there should be a
single object for the jealousy and watchfulness of the people; and, in
a word, that all multiplication of the Executive is rather dangerous
than friendly to liberty.
OOOOA little consideration will satisfy
us, that the species of security sought for in the multiplication of
the Executive, is unattainable. Numbers must be so great as to render
combination difficult, or they are rather a source of danger than of
security. The united credit and influence of several individuals must
be more formidable to liberty, than the credit and influence of either
of them separately. When power, therefore, is placed in the hands of
so small a number of men, as to admit of their interests and views
being easily combined in a common enterprise, by an artful leader, it
becomes more liable to abuse, and more dangerous when abused, than if
it be lodged in the hands of one man; who, from the very circumstance
of his being alone, will be more narrowly watched and more readily
suspected, and who cannot unite so great a mass of influence as when
he is associated with others. The Decemvirs of Rome, whose name
denotes their number, 3 were more to be dreaded in
their usurpation than any ONE of them would have been. No person would
think of proposing an Executive much more numerous than that body;
from six to a dozen have been suggested for the number of the council.
The extreme of these numbers, is not too great for an easy
combination; and from such a combination America would have more to
fear, than from the ambition of any single individual. A council to a
magistrate, who is himself responsible for what he does, are generally
nothing better than a clog upon his good intentions, are often the
instruments and accomplices of his bad and are almost always a cloak
to his faults.
OOOOI forbear to dwell upon the subject
of expense; though it be evident that if the council should be
numerous enough to answer the principal end aimed at by the
institution, the salaries of the members, who must be drawn from their
homes to reside at the seat of government, would form an item in the
catalogue of public expenditures too serious to be incurred for an
object of equivocal utility. I will only add that, prior to the
appearance of the Constitution, I rarely met with an intelligent man
from any of the States, who did not admit, as the result of
experience, that the UNITY of the executive of this State was one of
the best of the distinguishing features of our constitution.
OOOOPUBLIUS.
1.
New York has no council except for the single purpose of appointing to
offices; New Jersey has a council whom the governor may consult. But I
think, from the terms of the constitution, their resolutions do not
bind him.
2. De Lolme.
3. Ten.
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