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To
the People of the State of New York:
OOOOTHE administration of government, in
its largest sense, comprehends all the operations of the body politic,
whether legislative, executive, or judiciary; but in its most usual,
and perhaps its most precise signification. it is limited to executive
details, and falls peculiarly within the province of the executive
department. The actual conduct of foreign negotiations, the
preparatory plans of finance, the application and disbursement of the
public moneys in conformity to the general appropriations of the
legislature, the arrangement of the army and navy, the directions of
the operations of war, these, and other matters of a like nature,
constitute what seems to be most properly understood by the
administration of government. The persons, therefore, to whose
immediate management these different matters are committed, ought to
be considered as the assistants or deputies of the chief magistrate,
and on this account, they ought to derive their offices from his
appointment, at least from his nomination, and ought to be subject to
his superintendence. This view of the subject will at once suggest to
us the intimate connection between the duration of the executive
magistrate in office and the stability of the system of
administration. To reverse and undo what has been done by a
predecessor, is very often considered by a successor as the best proof
he can give of his own capacity and desert; and in addition to this
propensity, where the alteration has been the result of public choice,
the person substituted is warranted in supposing that the dismission
of his predecessor has proceeded from a dislike to his measures; and
that the less he resembles him, the more he will recommend himself to
the favor of his constituents. These considerations, and the influence
of personal confidences and attachments, would be likely to induce
every new President to promote a change of men to fill the subordinate
stations; and these causes together could not fail to occasion a
disgraceful and ruinous mutability in the administration of the
government.
OOOOWith a positive duration of
considerable extent, I connect the circumstance of re-eligibility. The
first is necessary to give to the officer himself the inclination and
the resolution to act his part well, and to the community time and
leisure to observe the tendency of his measures, and thence to form an
experimental estimate of their merits. The last is necessary to enable
the people, when they see reason to approve of his conduct, to
continue him in his station, in order to prolong the utility of his
talents and virtues, and to secure to the government the advantage of
permanency in a wise system of administration.
OOOONothing appears more plausible at
first sight, nor more ill-founded upon close inspection, than a scheme
which in relation to the present point has had some respectable
advocates, I mean that of continuing the chief magistrate in office
for a certain time, and then excluding him from it, either for a
limited period or forever after. This exclusion, whether temporary or
perpetual, would have nearly the same effects, and these effects would
be for the most part rather pernicious than salutary.
OOOOOne ill effect of the exclusion
would be a diminution of the inducements to good behavior. There are
few men who would not feel much less zeal in the discharge of a duty
when they were conscious that the advantages of the station with which
it was connected must be relinquished at a determinate period, than
when they were permitted to entertain a hope of OBTAINING, by
MERITING, a continuance of them. This position will not be disputed so
long as it is admitted that the desire of reward is one of the
strongest incentives of human conduct; or that the best security for
the fidelity of mankind is to make their interests coincide with their
duty. Even the love of fame, the ruling passion of the noblest minds,
which would prompt a man to plan and undertake extensive and arduous
enterprises for the public benefit, requiring considerable time to
mature and perfect them, if he could flatter himself with the prospect
of being allowed to finish what he had begun, would, on the contrary,
deter him from the undertaking, when he foresaw that he must quit the
scene before he could accomplish the work, and must commit that,
together with his own reputation, to hands which might be unequal or
unfriendly to the task. The most to be expected from the generality of
men, in such a situation, is the negative merit of not doing harm,
instead of the positive merit of doing good.
OOOOAnother ill effect of the exclusion
would be the temptation to sordid views, to peculation, and, in some
instances, to usurpation. An avaricious man, who might happen to fill
the office, looking forward to a time when he must at all events yield
up the emoluments he enjoyed, would feel a propensity, not easy to be
resisted by such a man, to make the best use of the opportunity he
enjoyed while it lasted, and might not scruple to have recourse to the
most corrupt expedients to make the harvest as abundant as it was
transitory; though the same man, probably, with a different prospect
before him, might content himself with the regular perquisites of his
situation, and might even be unwilling to risk the consequences of an
abuse of his opportunities. His avarice might be a guard upon his
avarice. Add to this that the same man might be vain or ambitious, as
well as avaricious. And if he could expect to prolong his honors by
his good conduct, he might hesitate to sacrifice his appetite for them
to his appetite for gain. But with the prospect before him of
approaching an inevitable annihilation, his avarice would be likely to
get the victory over his caution, his vanity, or his ambition.
OOOOAn ambitious man, too, when he found
himself seated on the summit of his country's honors, when he looked
forward to the time at which he must descend from the exalted eminence
for ever, and reflected that no exertion of merit on his part could
save him from the unwelcome reverse; such a man, in such a situation,
would be much more violently tempted to embrace a favorable
conjuncture for attempting the prolongation of his power, at every
personal hazard, than if he had the probability of answering the same
end by doing his duty.
OOOOWould it promote the peace of the
community, or the stability of the government to have half a dozen men
who had had credit enough to be raised to the seat of the supreme
magistracy, wandering among the people like discontented ghosts, and
sighing for a place which they were destined never more to possess?
OOOOA third ill effect of the exclusion
would be, the depriving the community of the advantage of the
experience gained by the chief magistrate in the exercise of his
office. That experience is the parent of wisdom, is an adage the truth
of which is recognized by the wisest as well as the simplest of
mankind. What more desirable or more essential than this quality in
the governors of nations? Where more desirable or more essential than
in the first magistrate of a nation? Can it be wise to put this
desirable and essential quality under the ban of the Constitution, and
to declare that the moment it is acquired, its possessor shall be
compelled to abandon the station in which it was acquired, and to
which it is adapted? This, nevertheless, is the precise import of all
those regulations which exclude men from serving their country, by the
choice of their fellowcitizens, after they have by a course of service
fitted themselves for doing it with a greater degree of utility.
OOOOA fourth ill effect of the exclusion
would be the banishing men from stations in which, in certain
emergencies of the state, their presence might be of the greatest
moment to the public interest or safety. There is no nation which has
not, at one period or another, experienced an absolute necessity of
the services of particular men in particular situations; perhaps it
would not be too strong to say, to the preservation of its political
existence. How unwise, therefore, must be every such self-denying
ordinance as serves to prohibit a nation from making use of its own
citizens in the manner best suited to its exigencies and
circumstances! Without supposing the personal essentiality of the man,
it is evident that a change of the chief magistrate, at the breaking
out of a war, or at any similar crisis, for another, even of equal
merit, would at all times be detrimental to the community, inasmuch as
it would substitute inexperience to experience, and would tend to
unhinge and set afloat the already settled train of the
administration.
OOOOA fifth ill effect of the exclusion
would be, that it would operate as a constitutional interdiction of
stability in the administration. By NECESSITATING a change of men, in
the first office of the nation, it would necessitate a mutability of
measures. It is not generally to be expected, that men will vary and
measures remain uniform. The contrary is the usual course of things.
And we need not be apprehensive that there will be too much stability,
while there is even the option of changing; nor need we desire to
prohibit the people from continuing their confidence where they think
it may be safely placed, and where, by constancy on their part, they
may obviate the fatal inconveniences of fluctuating councils and a
variable policy.
OOOOThese are some of the disadvantages
which would flow from the principle of exclusion. They apply most
forcibly to the scheme of a perpetual exclusion; but when we consider
that even a partial exclusion would always render the readmission of
the person a remote and precarious object, the observations which have
been made will apply nearly as fully to one case as to the other.
OOOOWhat are the advantages promised to
counterbalance these disadvantages? They are represented to be: 1st,
greater independence in the magistrate; 2d, greater security to the
people. Unless the exclusion be perpetual, there will be no pretense
to infer the first advantage. But even in that case, may he have no
object beyond his present station, to which he may sacrifice his
independence? May he have no connections, no friends, for whom he may
sacrifice it? May he not be less willing by a firm conduct, to make
personal enemies, when he acts under the impression that a time is
fast approaching, on the arrival of which he not only MAY, but MUST,
be exposed to their resentments, upon an equal, perhaps upon an
inferior, footing? It is not an easy point to determine whether his
independence would be most promoted or impaired by such an
arrangement.
OOOOAs to the second supposed advantage,
there is still greater reason to entertain doubts concerning it. If
the exclusion were to be perpetual, a man of irregular ambition, of
whom alone there could be reason in any case to entertain
apprehension, would, with infinite reluctance, yield to the necessity
of taking his leave forever of a post in which his passion for power
and pre-eminence had acquired the force of habit. And if he had been
fortunate or adroit enough to conciliate the good-will of the people,
he might induce them to consider as a very odious and unjustifiable
restraint upon themselves, a provision which was calculated to debar
them of the right of giving a fresh proof of their attachment to a
favorite. There may be conceived circumstances in which this disgust
of the people, seconding the thwarted ambition of such a favorite,
might occasion greater danger to liberty, than could ever reasonably
be dreaded from the possibility of a perpetuation in office, by the
voluntary suffrages of the community, exercising a constitutional
privilege.
OOOOThere is an excess of refinement in
the idea of disabling the people to continue in office men who had
entitled themselves, in their opinion, to approbation and confidence;
the advantages of which are at best speculative and equivocal, and are
overbalanced by disadvantages far more certain and decisive.
OOOOPUBLIUS.
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