To what expedient, then, shall we finally resort, for maintaining in

practice the necessary partition of power among the several

departments, as laid down in the Constitution? The only answer that can

be given is, that as all these exterior provisions are found to be

inadequate, the defect must be supplied, by so contriving the interior

structure of the government as that its several constituent parts may,

by their mutual relations, be the means of keeping each other in their

proper places. Without presuming to undertake a full development of

this important idea, I will hazard a few general observations, which

may perhaps place it in a clearer light, and enable us to form a more

correct judgment of the principles and structure of the government

planned by the convention. In order to lay a due foundation for that

separate and distinct exercise of the different powers of government,

which to a certain extent is admitted on all hands to be essential to

the preservation of liberty, it is evident that each department should

have a will of its own; and consequently should be so constituted that

the members of each should have as little agency as possible in the

appointment of the members of the others. Were this principle

rigorously adhered to, it would require that all the appointments for

the supreme executive, legislative, and judiciary magistracies should

be drawn from the same fountain of authority, the people, through

channels having no communication whatever with one another. Perhaps

such a plan of constructing the several departments would be less

difficult in practice than it may in contemplation appear. Some

difficulties, however, and some additional expense would attend the

execution of it. Some deviations, therefore, from the principle must be

admitted. In the constitution of the judiciary department in

particular, it might be inexpedient to insist rigorously on the

principle: first, because peculiar qualifications being essential in

the members, the primary consideration ought to be to select that mode

of choice which best secures these qualifications; secondly, because

the permanent tenure by which the appointments are held in that

department, must soon destroy all sense of dependence on the authority

conferring them. It is equally evident, that the members of each

department should be as little dependent as possible on those of the

others, for the emoluments annexed to their offices. Were the executive

magistrate, or the judges, not independent of the legislature in this

particular, their independence in every other would be merely nominal.

But the great security against a gradual concentration of the several

powers in the same department, consists in giving to those who

administer each department the necessary constitutional means and

personal motives to resist encroachments of the others. The provision

for defense must in this, as in all other cases, be made commensurate

to the danger of attack. Ambition must be made to counteract ambition.

The interest of the man must be connected with the constitutional

rights of the place. It may be a reflection on human nature, that such

devices should be necessary to control the abuses of government. But

what is government itself, but the greatest of all reflections on human

nature? If men were angels, no government would be necessary. If angels

were to govern men, neither external nor internal controls on

government would be necessary. In framing a government which is to be

administered by men over men, the great difficulty lies in this: you

must first enable the government to control the governed; and in the

next place oblige it to control itself. A dependence on the people is,

no doubt, the primary control on the government; but experience has

taught mankind the necessity of auxiliary precautions. This policy of

supplying, by opposite and rival interests, the defect of better

motives, might be traced through the whole system of human affairs,

private as well as public. We see it particularly displayed in all the

subordinate distributions of power, where the constant aim is to divide

and arrange the several offices in such a manner as that each may be a

check on the other that the private interest of every individual may be

a sentinel over the public rights. These inventions of prudence cannot

be less requisite in the distribution of the supreme powers of the

State. But it is not possible to give to each department an equal power

of self-defense. In republican government, the legislative authority

necessarily predominates. The remedy for this inconveniency is to

divide the legislature into different branches; and to render them, by

different modes of election and different principles of action, as

little connected with each other as the nature of their common

functions and their common dependence on the society will admit. It may

even be necessary to guard against dangerous encroachments by still

further precautions. As the weight of the legislative authority

requires that it should be thus divided, the weakness of the executive

may require, on the other hand, that it should be fortified. An

absolute negative on the legislature appears, at first view, to be the

natural defense with which the executive magistrate should be armed.

But perhaps it would be neither altogether safe nor alone sufficient.

On ordinary occasions it might not be exerted with the requisite

firmness, and on extraordinary occasions it might be perfidiously

abused. May not this defect of an absolute negative be supplied by some

qualified connection between this weaker department and the weaker

branch of the stronger department, by which the latter may be led to

support the constitutional rights of the former, without being too much

detached from the rights of its own department? If the principles on

which these observations are founded be just, as I persuade myself they

are, and they be applied as a criterion to the several State

constitutions, and to the federal Constitution it will be found that if

the latter does not perfectly correspond with them, the former are

infinitely less able to bear such a test. There are, moreover, two

considerations particularly applicable to the federal system of

America, which place that system in a very interesting point of view.

First. In a single republic, all the power surrendered by the people is

submitted to the administration of a single government; and the

usurpations are guarded against by a division of the government into

distinct and separate departments. In the compound republic of America,

the power surrendered by the people is first divided between two

distinct governments, and then the portion allotted to each subdivided

among distinct and separate departments. Hence a double security arises

to the rights of the people. The different governments will control

each other, at the same time that each will be controlled by itself.

Second. It is of great importance in a republic not only to guard the

society against the oppression of its rulers, but to guard one part of

the society against the injustice of the other part. Different

interests necessarily exist in different classes of citizens. If a

majority be united by a common interest, the rights of the minority

will be insecure. There are but two methods of providing against this

evil: the one by creating a will in the community independent of the

majority that is, of the society itself; the other, by comprehending in

the society so many separate descriptions of citizens as will render an

unjust combination of a majority of the whole very improbable, if not

impracticable. The first method prevails in all governments possessing

an hereditary or self-appointed authority. This, at best, is but a

precarious security; because a power independent of the society may as

well espouse the unjust views of the major, as the rightful interests

of the minor party, and may possibly be turned against both parties.

The second method will be exemplified in the federal republic of the

United States. Whilst all authority in it will be derived from and

dependent on the society, the society itself will be broken into so

many parts, interests, and classes of citizens, that the rights of

individuals, or of the minority, will be in little danger from

interested combinations of the majority. In a free government the

security for civil rights must be the same as that for religious

rights. It consists in the one case in the multiplicity of interests,

and in the other in the multiplicity of sects. The degree of security

in both cases will depend on the number of interests and sects; and

this may be presumed to depend on the extent of country and number of

people comprehended under the same government. This view of the subject

must particularly recommend a proper federal system to all the sincere

and considerate friends of republican government, since it shows that

in exact proportion as the territory of the Union may be formed into

more circumscribed Confederacies, or States oppressive combinations of

a majority will be facilitated: the best security, under the republican

forms, for the rights of every class of citizens, will be diminished:

and consequently the stability and independence of some member of the

government, the only other security, must be proportionately increased.

Justice is the end of government. It is the end of civil society. It

ever has been and ever will be pursued until it be obtained, or until

liberty be lost in the pursuit. In a society under the forms of which

the stronger faction can readily unite and oppress the weaker, anarchy

may as truly be said to reign as in a state of nature, where the weaker

individual is not secured against the violence of the stronger; and as,

in the latter state, even the stronger individuals are prompted, by the

uncertainty of their condition, to submit to a government which may

protect the weak as well as themselves; so, in the former state, will

the more powerful factions or parties be gradually induced, by a like

motive, to wish for a government which will protect all parties, the

weaker as well as the more powerful. It can be little doubted that if

the State of Rhode Island was separated from the Confederacy and left

to itself, the insecurity of rights under the popular form of

government within such narrow limits would be displayed by such

reiterated oppressions of factious majorities that some power

altogether independent of the people would soon be called for by the

voice of the very factions whose misrule had proved the necessity of

it. In the extended republic of the United States, and among the great

variety of interests, parties, and sects which it embraces, a coalition

of a majority of the whole society could seldom take place on any other

principles than those of justice and the general good; whilst there

being thus less danger to a minor from the will of a major party, there

must be less pretext, also, to provide for the security of the former,

by introducing into the government a will not dependent on the latter,

or, in other words, a will independent of the society itself. It is no

less certain than it is important, notwithstanding the contrary

opinions which have been entertained, that the larger the society,

provided it lie within a practical sphere, the more duly capable it

will be of self-government. And happily for the REPUBLICAN CAUSE, the

practicable sphere may be carried to a very great extent, by a

judicious modification and mixture of the FEDERAL PRINCIPLE.

PUBLIUS.

THE FEDERALIST.

No. LII.

The House of Representatives

From the New York Packet. Friday, February 8, 1788.

HAMILTON OR MADISON

To the People of the State of New York:

From the more general inquiries pursued in the four last papers, I pass

on to a more particular examination of the several parts of the

government. I shall begin with the House of Representatives. The first

view to be taken of this part of the government relates to the

qualifications of the electors and the elected. Those of the former are

to be the same with those of the electors of the most numerous branch

of the State legislatures.

The definition of the right of suffrage is very justly regarded as a

fundamental article of republican government. It was incumbent on the

convention, therefore, to define and establish this right in the

Constitution. To have left it open for the occasional regulation of the

Congress, would have been improper for the reason just mentioned. To

have submitted it to the legislative discretion of the States, would

have been improper for the same reason; and for the additional reason

that it would have rendered too dependent on the State governments that

branch of the federal government which ought to be dependent on the

people alone. To have reduced the different qualifications in the

different States to one uniform rule, would probably have been as

dissatisfactory to some of the States as it would have been difficult

to the convention. The provision made by the convention appears,

therefore, to be the best that lay within their option.

It must be satisfactory to every State, because it is conformable to

the standard already established, or which may be established, by the

State itself. It will be safe to the United States, because, being

fixed by the State constitutions, it is not alterable by the State

governments, and it cannot be feared that the people of the States will

alter this part of their constitutions in such a manner as to abridge

the rights secured to them by the federal Constitution. The

qualifications of the elected, being less carefully and properly

defined by the State constitutions, and being at the same time more

susceptible of uniformity, have been very properly considered and

regulated by the convention. A representative of the United States must

be of the age of twenty-five years; must have been seven years a

citizen of the United States; must, at the time of his election, be an

inhabitant of the State he is to represent; and, during the time of his

service, must be in no office under the United States. Under these

reasonable limitations, the door of this part of the federal government

is open to merit of every description, whether native or adoptive,

whether young or old, and without regard to poverty or wealth, or to

any particular profession of religious faith. The term for which the

representatives are to be elected falls under a second view which may

be taken of this branch. In order to decide on the propriety of this

article, two questions must be considered: first, whether biennial

elections will, in this case, be safe; secondly, whether they be

necessary or useful. First. As it is essential to liberty that the

government in general should have a common interest with the people, so

it is particularly essential that the branch of it under consideration

should have an immediate dependence on, and an intimate sympathy with,

the people. Frequent elections are unquestionably the only policy by

which this dependence and sympathy can be effectually secured. But what

particular degree of frequency may be absolutely necessary for the

purpose, does not appear to be susceptible of any precise calculation,

and must depend on a variety of circumstances with which it may be

connected. Let us consult experience, the guide that ought always to be

followed whenever it can be found. The scheme of representation, as a

substitute for a meeting of the citizens in person, being at most but

very imperfectly known to ancient polity, it is in more modern times

only that we are to expect instructive examples. And even here, in

order to avoid a research too vague and diffusive, it will be proper to

confine ourselves to the few examples which are best known, and which

bear the greatest analogy to our particular case. The first to which

this character ought to be applied, is the House of Commons in Great

Britain. The history of this branch of the English Constitution,

anterior to the date of Magna Charta, is too obscure to yield

instruction. The very existence of it has been made a question among

political antiquaries. The earliest records of subsequent date prove

that parliaments were to SIT only every year; not that they were to be

ELECTED every year. And even these annual sessions were left so much at

the discretion of the monarch, that, under various pretexts, very long

and dangerous intermissions were often contrived by royal ambition. To

remedy this grievance, it was provided by a statute in the reign of

Charles II. , that the intermissions should not be protracted beyond a

period of three years. On the accession of William III., when a

revolution took place in the government, the subject was still more

seriously resumed, and it was declared to be among the fundamental

rights of the people that parliaments ought to be held FREQUENTLY. By

another statute, which passed a few years later in the same reign, the

term “frequently,” which had alluded to the triennial period settled in

the time of Charles II., is reduced to a precise meaning, it being

expressly enacted that a new parliament shall be called within three

years after the termination of the former. The last change, from three

to seven years, is well known to have been introduced pretty early in

the present century, under on alarm for the Hanoverian succession. From

these facts it appears that the greatest frequency of elections which

has been deemed necessary in that kingdom, for binding the

representatives to their constituents, does not exceed a triennial

return of them. And if we may argue from the degree of liberty retained

even under septennial elections, and all the other vicious ingredients

in the parliamentary constitution, we cannot doubt that a reduction of

the period from seven to three years, with the other necessary reforms,

would so far extend the influence of the people over their

representatives as to satisfy us that biennial elections, under the

federal system, cannot possibly be dangerous to the requisite

dependence of the House of Representatives on their constituents.

Elections in Ireland, till of late, were regulated entirely by the

discretion of the crown, and were seldom repeated, except on the

accession of a new prince, or some other contingent event. The

parliament which commenced with George II. was continued throughout his

whole reign, a period of about thirty-five years. The only dependence

of the representatives on the people consisted in the right of the

latter to supply occasional vacancies by the election of new members,

and in the chance of some event which might produce a general new

election.

The ability also of the Irish parliament to maintain the rights of

their constituents, so far as the disposition might exist, was

extremely shackled by the control of the crown over the subjects of

their deliberation. Of late these shackles, if I mistake not, have been

broken; and octennial parliaments have besides been established. What

effect may be produced by this partial reform, must be left to further

experience. The example of Ireland, from this view of it, can throw but

little light on the subject. As far as we can draw any conclusion from

it, it must be that if the people of that country have been able under

all these disadvantages to retain any liberty whatever, the advantage

of biennial elections would secure to them every degree of liberty,

which might depend on a due connection between their representatives

and themselves. Let us bring our inquiries nearer home. The example of

these States, when British colonies, claims particular attention, at

the same time that it is so well known as to require little to be said

on it. The principle of representation, in one branch of the

legislature at least, was established in all of them. But the periods

of election were different. They varied from one to seven years. Have

we any reason to infer, from the spirit and conduct of the

representatives of the people, prior to the Revolution, that biennial

elections would have been dangerous to the public liberties? The spirit

which everywhere displayed itself at the commencement of the struggle,

and which vanquished the obstacles to independence, is the best of

proofs that a sufficient portion of liberty had been everywhere enjoyed

to inspire both a sense of its worth and a zeal for its proper

enlargement This remark holds good, as well with regard to the then

colonies whose elections were least frequent, as to those whose

elections were most frequent Virginia was the colony which stood first

in resisting the parliamentary usurpations of Great Britain; it was the

first also in espousing, by public act, the resolution of independence.

In Virginia, nevertheless, if I have not been misinformed, elections

under the former government were septennial. This particular example is

brought into view, not as a proof of any peculiar merit, for the

priority in those instances was probably accidental; and still less of

any advantage in SEPTENNIAL elections, for when compared with a greater

frequency they are inadmissible; but merely as a proof, and I conceive

it to be a very substantial proof, that the liberties of the people can

be in no danger from BIENNIAL elections. The conclusion resulting from

these examples will be not a little strengthened by recollecting three

circumstances. The first is, that the federal legislature will possess

a part only of that supreme legislative authority which is vested

completely in the British Parliament; and which, with a few exceptions,

was exercised by the colonial assemblies and the Irish legislature. It

is a received and well-founded maxim, that where no other circumstances

affect the case, the greater the power is, the shorter ought to be its

duration; and, conversely, the smaller the power, the more safely may

its duration be protracted. In the second place, it has, on another

occasion, been shown that the federal legislature will not only be

restrained by its dependence on its people, as other legislative bodies

are, but that it will be, moreover, watched and controlled by the

several collateral legislatures, which other legislative bodies are

not. And in the third place, no comparison can be made between the

means that will be possessed by the more permanent branches of the

federal government for seducing, if they should be disposed to seduce,

the House of Representatives from their duty to the people, and the

means of influence over the popular branch possessed by the other

branches of the government above cited. With less power, therefore, to

abuse, the federal representatives can be less tempted on one side, and

will be doubly watched on the other.

PUBLIUS.

THE FEDERALIST.

No. LIII.

The Same Subject Continued (The House of Representatives)

From the New York Packet. Tuesday, February 12, 1788.

HAMILTON OR MADISON

To the People of the State of New York:

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