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

FEDERALIST No. 52

The House of Representatives

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

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 an 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

FEDERALIST No. 53

The Same Subject Continued (The House of Representatives)

For the Independent Journal. Saturday, February 9, 1788.

MADISON

To the People of the State of New York:

I SHALL here, perhaps, be reminded of a current observation, "that where

annual elections end, tyranny begins." If it be true, as has often been

remarked, that sayings which become proverbial are generally founded in

reason, it is not less true, that when once established, they are often

applied to cases to which the reason of them does not extend. I need not

look for a proof beyond the case before us. What is the reason on which

this proverbial observation is founded? No man will subject himself to

the ridicule of pretending that any natural connection subsists between

the sun or the seasons, and the period within which human virtue can

bear the temptations of power. Happily for mankind, liberty is not,

in this respect, confined to any single point of time; but lies within

extremes, which afford sufficient latitude for all the variations which

may be required by the various situations and circumstances of civil

society. The election of magistrates might be, if it were found

expedient, as in some instances it actually has been, daily, weekly, or

monthly, as well as annual; and if circumstances may require a deviation

from the rule on one side, why not also on the other side? Turning our

attention to the periods established among ourselves, for the election

of the most numerous branches of the State legislatures, we find them by

no means coinciding any more in this instance, than in the elections of

other civil magistrates. In Connecticut and Rhode Island, the periods

are half-yearly. In the other States, South Carolina excepted, they

are annual. In South Carolina they are biennial--as is proposed in the

federal government. Here is a difference, as four to one, between the

longest and shortest periods; and yet it would be not easy to show,

that Connecticut or Rhode Island is better governed, or enjoys a greater

share of rational liberty, than South Carolina; or that either the one

or the other of these States is distinguished in these respects, and by

these causes, from the States whose elections are different from both.

In searching for the grounds of this doctrine, I can discover but one,

and that is wholly inapplicable to our case. The important distinction

so well understood in America, between a Constitution established by the

people and unalterable by the government, and a law established by the

government and alterable by the government, seems to have been little

understood and less observed in any other country. Wherever the supreme

power of legislation has resided, has been supposed to reside also a

full power to change the form of the government. Even in Great Britain,

where the principles of political and civil liberty have been most

discussed, and where we hear most of the rights of the Constitution, it

is maintained that the authority of the Parliament is transcendent and

uncontrollable, as well with regard to the Constitution, as the ordinary

objects of legislative provision. They have accordingly, in several

instances, actually changed, by legislative acts, some of the most

fundamental articles of the government. They have in particular, on

several occasions, changed the period of election; and, on the

last occasion, not only introduced septennial in place of triennial

elections, but by the same act, continued themselves in place four years

beyond the term for which they were elected by the people. An attention

to these dangerous practices has produced a very natural alarm in the

votaries of free government, of which frequency of elections is the

corner-stone; and has led them to seek for some security to liberty,

against the danger to which it is exposed. Where no Constitution,

paramount to the government, either existed or could be obtained, no

constitutional security, similar to that established in the United

States, was to be attempted. Some other security, therefore, was to be

sought for; and what better security would the case admit, than that of

selecting and appealing to some simple and familiar portion of time,

as a standard for measuring the danger of innovations, for fixing the

national sentiment, and for uniting the patriotic exertions? The most

simple and familiar portion of time, applicable to the subject was that

of a year; and hence the doctrine has been inculcated by a laudable

zeal, to erect some barrier against the gradual innovations of an

unlimited government, that the advance towards tyranny was to be

calculated by the distance of departure from the fixed point of annual

elections. But what necessity can there be of applying this expedient

to a government limited, as the federal government will be, by the

authority of a paramount Constitution? Or who will pretend that the

liberties of the people of America will not be more secure under

biennial elections, unalterably fixed by such a Constitution, than those

of any other nation would be, where elections were annual, or even

more frequent, but subject to alterations by the ordinary power of the

government?

The second question stated is, whether biennial elections be necessary

or useful. The propriety of answering this question in the affirmative

will appear from several very obvious considerations.

No man can be a competent legislator who does not add to an upright

intention and a sound judgment a certain degree of knowledge of the

subjects on which he is to legislate. A part of this knowledge may be

acquired by means of information which lie within the compass of men in

private as well as public stations. Another part can only be attained,

or at least thoroughly attained, by actual experience in the station

which requires the use of it. The period of service, ought, therefore,

in all such cases, to bear some proportion to the extent of practical

knowledge requisite to the due performance of the service. The period

of legislative service established in most of the States for the more

numerous branch is, as we have seen, one year. The question then may be

put into this simple form: does the period of two years bear no greater

proportion to the knowledge requisite for federal legislation than one

year does to the knowledge requisite for State legislation? The very

statement of the question, in this form, suggests the answer that ought

to be given to it.

In a single State, the requisite knowledge relates to the existing laws

which are uniform throughout the State, and with which all the citizens

are more or less conversant; and to the general affairs of the State,

which lie within a small compass, are not very diversified, and occupy

much of the attention and conversation of every class of people. The

great theatre of the United States presents a very different scene.

The laws are so far from being uniform, that they vary in every State;

whilst the public affairs of the Union are spread throughout a very

extensive region, and are extremely diversified by the local affairs

connected with them, and can with difficulty be correctly learnt in any

other place than in the central councils to which a knowledge of them

will be brought by the representatives of every part of the empire. Yet

some knowledge of the affairs, and even of the laws, of all the States,

ought to be possessed by the members from each of the States. How

can foreign trade be properly regulated by uniform laws, without

some acquaintance with the commerce, the ports, the usages, and the

regulations of the different States? How can the trade between the

different States be duly regulated, without some knowledge of their

relative situations in these and other respects? How can taxes

be judiciously imposed and effectually collected, if they be not

accommodated to the different laws and local circumstances relating to

these objects in the different States? How can uniform regulations

for the militia be duly provided, without a similar knowledge of many

internal circumstances by which the States are distinguished from each

other? These are the principal objects of federal legislation,

and suggest most forcibly the extensive information which the

representatives ought to acquire. The other interior objects will

require a proportional degree of information with regard to them.

It is true that all these difficulties will, by degrees, be very much

diminished. The most laborious task will be the proper inauguration

of the government and the primeval formation of a federal code.

Improvements on the first draughts will every year become both easier

and fewer. Past transactions of the government will be a ready and

accurate source of information to new members. The affairs of the Union

will become more and more objects of curiosity and conversation among

the citizens at large. And the increased intercourse among those of

different States will contribute not a little to diffuse a mutual

knowledge of their affairs, as this again will contribute to a general

assimilation of their manners and laws. But with all these abatements,

the business of federal legislation must continue so far to exceed, both

in novelty and difficulty, the legislative business of a single State,

as to justify the longer period of service assigned to those who are to

transact it.

A branch of knowledge which belongs to the acquirements of a federal

representative, and which has not been mentioned is that of foreign

affairs. In regulating our own commerce he ought to be not only

acquainted with the treaties between the United States and other

nations, but also with the commercial policy and laws of other nations.

He ought not to be altogether ignorant of the law of nations; for that,

as far as it is a proper object of municipal legislation, is submitted

to the federal government. And although the House of Representatives is

not immediately to participate in foreign negotiations and arrangements,

yet from the necessary connection between the several branches of public

affairs, those particular branches will frequently deserve attention in

the ordinary course of legislation, and will sometimes demand particular

legislative sanction and co-operation. Some portion of this knowledge

may, no doubt, be acquired in a man's closet; but some of it also can

only be derived from the public sources of information; and all of it

will be acquired to best effect by a practical attention to the subject

during the period of actual service in the legislature.

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