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fp57.txt
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fp57.txt
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THE THIRD charge against the House of Representatives is, that it will
be taken from that class of citizens which will have least sympathy with
the mass of the people, and be most likely to aim at an ambitious sacrifice
of the many to the aggrandizement of the few. Of all the objections which
have been framed against the federal Constitution, this is perhaps the
most extraordinary. Whilst the objection itself is levelled against a pretended oligarchy,
the principle of it strikes at the very root of republican government.
The aim of every political constitution is, or ought to be, first to obtain
for rulers men who possess most wisdom to discern, and most virtue to
pursue, the common good of the society; and in the next place, to take
the most effectual precautions for keeping them virtuous whilst they continue
to hold their public trust. The elective mode of obtaining rulers is the
characteristic policy of republican government. The means relied on in
this form of government for preventing their degeneracy are numerous and
various. The most effectual one, is such a limitation of the term of appointments
as will maintain a proper responsibility to the people. Let me now ask
what circumstance there is in the constitution of the House of Representatives
that violates the principles of republican government, or favors the elevation
of the few on the ruins of the many? Let me ask whether every circumstance
is not, on the contrary, strictly conformable to these principles, and
scrupulously impartial to the rights and pretensions of every class and
description of citizens? Who are to be the electors of the federal representatives?
Not the rich, more than the poor; not the learned, more than the ignorant;
not the haughty heirs of distinguished names, more than the humble sons
of obscurity and unpropitious fortune. The electors are to be the great
body of the people of the United States. They are to be the same who exercise
the right in every State of electing the corresponding branch of the legislature
of the State. Who are to be the objects of popular choice? Every citizen
whose merit may recommend him to the esteem and confidence of his country.
No qualification of wealth, of birth, of religious faith, or of civil
profession is permitted to fetter the judgement or disappoint the inclination
of the people. If we consider the situation of the men on whom the free
suffrages of their fellow-citizens may confer the representative trust,
we shall find it involving every security which can be devised or desired
for their fidelity to their constituents. In the first place, as they
will have been distinguished by the preference of their fellow-citizens,
we are to presume that in general they will be somewhat distinguished
also by those qualities which entitle them to it, and which promise a
sincere and scrupulous regard to the nature of their engagements. In the
second place, they will enter into the public service under circumstances
which cannot fail to produce a temporary affection at least to their constituents.
There is in every breast a sensibility to marks of honor, of favor, of
esteem, and of confidence, which, apart from all considerations of interest,
is some pledge for grateful and benevolent returns. Ingratitude is a common topic of declamation against human nature; and
it must be confessed that instances of it are but too frequent and flagrant,
both in public and in private life. But the universal and extreme indignation
which it inspires is itself a proof of the energy and prevalence of the
contrary sentiment. In the third place, those ties which bind the representative to his constituents
are strengthened by motives of a more selfish nature. His pride and vanity
attach him to a form of government which favors his pretensions and gives
him a share in its honors and distinctions. Whatever hopes or projects
might be entertained by a few aspiring characters, it must generally happen
that a great proportion of the men deriving their advancement from their
influence with the people, would have more to hope from a preservation
of the favor, than from innovations in the government subversive of the
authority of the people. All these securities, however, would be found
very insufficient without the restraint of frequent elections. Hence,
in the fourth place, the House of Representatives is so constituted as
to support in the members an habitual recollection of their dependence
on the people. Before the sentiments impressed on their minds by the mode
of their elevation can be effaced by the exercise of power, they will
be compelled to anticipate the moment when their power is to cease, when
their exercise of it is to be reviewed, and when they must descend to
the level from which they were raised; there forever to remain unless
a faithful discharge of their trust shall have established their title
to a renewal of it. I will add, as a fifth circumstance in the situation
of the House of Representatives, restraining them from oppressive measures,
that they can make no law which will not have its full operation on themselves
and their friends, as well as on the great mass of the society. This has
always been deemed one of the strongest bonds by which human policy can
connect the rulers and the people together. It creates between them that
communion of interests and sympathy of sentiments, of which few governments
have furnished examples; but without which every government degenerates
into tyranny. If it be asked, what is to restrain the House of Representatives
from making legal discriminations in favor of themselves and a particular
class of the society? I answer: the genius of the whole system; the nature
of just and constitutional laws; and above all, the vigilant and manly
spirit which actuates the people of America, a spirit which nourishes
freedom, and in return is nourished by it. If this spirit shall ever be
so far debased as to tolerate a law not obligatory on the legislature,
as well as on the people, the people will be prepared to tolerate any
thing but liberty. Such will be the relation between the House of Representatives
and their constituents. Duty, gratitude, interest, ambition itself, are
the chords by which they will be bound to fidelity and sympathy with the
great mass of the people. It is possible that these may all be insufficient to control the caprice
and wickedness of man. But are they not all that government will admit,
and that human prudence can devise? Are they not the genuine and the characteristic
means by which republican government provides for the liberty and happiness
of the people? Are they not the identical means on which every State government
in the Union relies for the attainment of these important ends? What then
are we to understand by the objection which this paper has combated? What
are we to say to the men who profess the most flaming zeal for republican
government, yet boldly impeach the fundamental principle of it; who pretend
to be champions for the right and the capacity of the people to choose
their own rulers, yet maintain that they will prefer those only who will
immediately and infallibly betray the trust committed to them? Were the
objection to be read by one who had not seen the mode prescribed by the
Constitution for the choice of representatives, he could suppose nothing
less than that some unreasonable qualification of property was annexed
to the right of suffrage; or that the right of eligibility was limited
to persons of particular families or fortunes; or at least that the mode
prescribed by the State constitutions was in some respect or other, very
grossly departed from. We have seen how far such a supposition would err,
as to the two first points. Nor would it, in fact, be less erroneous as
to the last. The only difference discoverable between the two cases is,
that each representative of the United States will be elected by five
or six thousand citizens; whilst in the individual States, the election
of a representative is left to about as many hundreds. Will it be pretended
that this difference is sufficient to justify an attachment to the State
governments, and an abhorrence to the federal government? If this be the
point on which the objection turns, it deserves to be examined. Is it
supported by REASON? This cannot be said, without maintaining that five or six thousand citizens
are less capable of choosing a fit representative, or more liable to be
corrupted by an unfit one, than five or six hundred. Reason, on the contrary,
assures us, that as in so great a number a fit representative would be
most likely to be found, so the choice would be less likely to be diverted
from him by the intrigues of the ambitious or the ambitious or the bribes
of the rich. Is the CONSEQUENCE from this doctrine admissible? If we say
that five or six hundred citizens are as many as can jointly exercise
their right of suffrage, must we not deprive the people of the immediate
choice of their public servants, in every instance where the administration
of the government does not require as many of them as will amount to one
for that number of citizens? Is the doctrine warranted by FACTS? It was
shown in the last paper, that the real representation in the British House
of Commons very little exceeds the proportion of one for every thirty
thousand inhabitants. Besides a variety of powerful causes not existing
here, and which favor in that country the pretensions of rank and wealth,
no person is eligible as a representative of a county, unless he possess
real estate of the clear value of six hundred pounds sterling per year;
nor of a city or borough, unless he possess a like estate of half that
annual value. To this qualification on the part of the county representatives
is added another on the part of the county electors, which restrains the
right of suffrage to persons having a freehold estate of the annual value
of more than twenty pounds sterling, according to the present rate of
money. Notwithstanding these unfavorable circumstances, and notwithstanding
some very unequal laws in the British code, it cannot be said that the
representatives of the nation have elevated the few on the ruins of the
many. But we need not resort to foreign experience on this subject. Our
own is explicit and decisive. The districts in New Hampshire in which
the senators are chosen immediately by the people, are nearly as large
as will be necessary for her representatives in the Congress. Those of
Massachusetts are larger than will be necessary for that purpose; and
those of New York still more so. In the last State the members of Assembly for the cities and counties
of New York and Albany are elected by very nearly as many voters as will
be entitled to a representative in the Congress, calculating on the number
of sixty-five representatives only. It makes no difference that in these
senatorial districts and counties a number of representatives are voted
for by each elector at the same time. If the same electors at the same
time are capable of choosing four or five representatives, they cannot
be incapable of choosing one. Pennsylvania is an additional example. Some
of her counties, which elect her State representatives, are almost as
large as her districts will be by which her federal representatives will
be elected. The city of Philadelphia is supposed to contain between fifty
and sixty thousand souls. It will therefore form nearly two districts
for the choice of federal representatives. It forms, however, but one
county, in which every elector votes for each of its representatives in
the State legislature. And what may appear to be still more directly to
our purpose, the whole city actually elects a SINGLE MEMBER for the executive
council. This is the case in all the other counties of the State. Are
not these facts the most satisfactory proofs of the fallacy which has
been employed against the branch of the federal government under consideration?
Has it appeared on trial that the senators of New Hampshire, Massachusetts,
and New York, or the executive council of Pennsylvania, or the members
of the Assembly in the two last States, have betrayed any peculiar disposition
to sacrifice the many to the few, or are in any respect less worthy of
their places than the representatives and magistrates appointed in other
States by very small divisions of the people? But there are cases of a
stronger complexion than any which I have yet quoted. One branch of the legislature of Connecticut is so constituted that each
member of it is elected by the whole State. So is the governor of that
State, of Massachusetts, and of this State, and the president of New Hampshire.
I leave every man to decide whether the result of any one of these experiments
can be said to countenance a suspicion, that a diffusive mode of choosing
representatives of the people tends to elevate traitors and to undermine
the public liberty.