which are not unworthy of notice. The distance which many of the
representatives will be obliged to travel, and the arrangements rendered
necessary by that circumstance, might be much more serious objections
with fit men to this service, if limited to a single year, than if
extended to two years. No argument can be drawn on this subject, from
the case of the delegates to the existing Congress. They are elected
annually, it is true; but their re-election is considered by the
legislative assemblies almost as a matter of course. The election of
the representatives by the people would not be governed by the same
principle.
A few of the members, as happens in all such assemblies, will possess
superior talents; will, by frequent reelections, become members of long
standing; will be thoroughly masters of the public business, and perhaps
not unwilling to avail themselves of those advantages. The greater the
proportion of new members, and the less the information of the bulk of
the members the more apt will they be to fall into the snares that may
be laid for them. This remark is no less applicable to the relation
which will subsist between the House of Representatives and the Senate.
It is an inconvenience mingled with the advantages of our frequent
elections even in single States, where they are large, and hold but
one legislative session in a year, that spurious elections cannot be
investigated and annulled in time for the decision to have its due
effect. If a return can be obtained, no matter by what unlawful means,
the irregular member, who takes his seat of course, is sure of holding
it a sufficient time to answer his purposes. Hence, a very pernicious
encouragement is given to the use of unlawful means, for obtaining
irregular returns. Were elections for the federal legislature to be
annual, this practice might become a very serious abuse, particularly in
the more distant States. Each house is, as it necessarily must be, the
judge of the elections, qualifications, and returns of its members; and
whatever improvements may be suggested by experience, for simplifying
and accelerating the process in disputed cases, so great a portion of
a year would unavoidably elapse, before an illegitimate member could be
dispossessed of his seat, that the prospect of such an event would be
little check to unfair and illicit means of obtaining a seat.
All these considerations taken together warrant us in affirming, that
biennial elections will be as useful to the affairs of the public as we
have seen that they will be safe to the liberty of the people.
PUBLIUS
FEDERALIST No. 54
The Apportionment of Members Among the States
From the New York Packet. Tuesday, February 12, 1788.
MADISON
To the People of the State of New York:
THE next view which I shall take of the House of Representatives relates
to the appointment of its members to the several States which is to be
determined by the same rule with that of direct taxes.
It is not contended that the number of people in each State ought not
to be the standard for regulating the proportion of those who are to
represent the people of each State. The establishment of the same rule
for the appointment of taxes, will probably be as little contested;
though the rule itself in this case, is by no means founded on the same
principle. In the former case, the rule is understood to refer to the
personal rights of the people, with which it has a natural and universal
connection. In the latter, it has reference to the proportion of wealth,
of which it is in no case a precise measure, and in ordinary cases a
very unfit one. But notwithstanding the imperfection of the rule as
applied to the relative wealth and contributions of the States, it is
evidently the least objectionable among the practicable rules, and had
too recently obtained the general sanction of America, not to have found
a ready preference with the convention.
All this is admitted, it will perhaps be said; but does it follow, from
an admission of numbers for the measure of representation, or of slaves
combined with free citizens as a ratio of taxation, that slaves ought
to be included in the numerical rule of representation? Slaves are
considered as property, not as persons. They ought therefore to be
comprehended in estimates of taxation which are founded on property,
and to be excluded from representation which is regulated by a census of
persons. This is the objection, as I understand it, stated in its full
force. I shall be equally candid in stating the reasoning which may be
offered on the opposite side.
"We subscribe to the doctrine," might one of our Southern brethren
observe, "that representation relates more immediately to persons, and
taxation more immediately to property, and we join in the application of
this distinction to the case of our slaves. But we must deny the
fact, that slaves are considered merely as property, and in no respect
whatever as persons. The true state of the case is, that they partake of
both these qualities: being considered by our laws, in some respects, as
persons, and in other respects as property. In being compelled to labor,
not for himself, but for a master; in being vendible by one master to
another master; and in being subject at all times to be restrained
in his liberty and chastised in his body, by the capricious will of
another--the slave may appear to be degraded from the human rank,
and classed with those irrational animals which fall under the legal
denomination of property. In being protected, on the other hand, in
his life and in his limbs, against the violence of all others, even the
master of his labor and his liberty; and in being punishable himself for
all violence committed against others--the slave is no less evidently
regarded by the law as a member of the society, not as a part of
the irrational creation; as a moral person, not as a mere article
of property. The federal Constitution, therefore, decides with great
propriety on the case of our slaves, when it views them in the mixed
character of persons and of property. This is in fact their true
character. It is the character bestowed on them by the laws under
which they live; and it will not be denied, that these are the proper
criterion; because it is only under the pretext that the laws have
transformed the negroes into subjects of property, that a place is
disputed them in the computation of numbers; and it is admitted, that
if the laws were to restore the rights which have been taken away, the
negroes could no longer be refused an equal share of representation with
the other inhabitants.
"This question may be placed in another light. It is agreed on all
sides, that numbers are the best scale of wealth and taxation, as they
are the only proper scale of representation. Would the convention have
been impartial or consistent, if they had rejected the slaves from
the list of inhabitants, when the shares of representation were to
be calculated, and inserted them on the lists when the tariff of
contributions was to be adjusted? Could it be reasonably expected, that
the Southern States would concur in a system, which considered their
slaves in some degree as men, when burdens were to be imposed, but
refused to consider them in the same light, when advantages were to be
conferred? Might not some surprise also be expressed, that those who
reproach the Southern States with the barbarous policy of considering as
property a part of their human brethren, should themselves contend,
that the government to which all the States are to be parties, ought to
consider this unfortunate race more completely in the unnatural light of
property, than the very laws of which they complain?
"It may be replied, perhaps, that slaves are not included in the
estimate of representatives in any of the States possessing them. They
neither vote themselves nor increase the votes of their masters. Upon
what principle, then, ought they to be taken into the federal estimate
of representation? In rejecting them altogether, the Constitution would,
in this respect, have followed the very laws which have been appealed to
as the proper guide.
"This objection is repelled by a single observation. It is a fundamental
principle of the proposed Constitution, that as the aggregate number of
representatives allotted to the several States is to be determined by
a federal rule, founded on the aggregate number of inhabitants, so the
right of choosing this allotted number in each State is to be exercised
by such part of the inhabitants as the State itself may designate. The
qualifications on which the right of suffrage depend are not, perhaps,
the same in any two States. In some of the States the difference is
very material. In every State, a certain proportion of inhabitants are
deprived of this right by the constitution of the State, who will be
included in the census by which the federal Constitution apportions the
representatives. In this point of view the Southern States might
retort the complaint, by insisting that the principle laid down by
the convention required that no regard should be had to the policy of
particular States towards their own inhabitants; and consequently, that
the slaves, as inhabitants, should have been admitted into the census
according to their full number, in like manner with other inhabitants,
who, by the policy of other States, are not admitted to all the rights
of citizens. A rigorous adherence, however, to this principle, is waived
by those who would be gainers by it. All that they ask is that equal
moderation be shown on the other side. Let the case of the slaves be
considered, as it is in truth, a peculiar one. Let the compromising
expedient of the Constitution be mutually adopted, which regards them as
inhabitants, but as debased by servitude below the equal level of free
inhabitants, which regards the SLAVE as divested of two fifths of the
MAN.
"After all, may not another ground be taken on which this article of the
Constitution will admit of a still more ready defense? We have hitherto
proceeded on the idea that representation related to persons only, and
not at all to property. But is it a just idea? Government is instituted
no less for protection of the property, than of the persons, of
individuals. The one as well as the other, therefore, may be considered
as represented by those who are charged with the government. Upon this
principle it is, that in several of the States, and particularly in
the State of New York, one branch of the government is intended more
especially to be the guardian of property, and is accordingly elected
by that part of the society which is most interested in this object of
government. In the federal Constitution, this policy does not prevail.
The rights of property are committed into the same hands with the
personal rights. Some attention ought, therefore, to be paid to property
in the choice of those hands.
"For another reason, the votes allowed in the federal legislature to the
people of each State, ought to bear some proportion to the comparative
wealth of the States. States have not, like individuals, an influence
over each other, arising from superior advantages of fortune. If the
law allows an opulent citizen but a single vote in the choice of his
representative, the respect and consequence which he derives from his
fortunate situation very frequently guide the votes of others to the
objects of his choice; and through this imperceptible channel the
rights of property are conveyed into the public representation. A State
possesses no such influence over other States. It is not probable that
the richest State in the Confederacy will ever influence the choice of
a single representative in any other State. Nor will the representatives
of the larger and richer States possess any other advantage in the
federal legislature, over the representatives of other States, than what
may result from their superior number alone. As far, therefore, as their
superior wealth and weight may justly entitle them to any advantage, it
ought to be secured to them by a superior share of representation. The
new Constitution is, in this respect, materially different from the
existing Confederation, as well as from that of the United Netherlands,
and other similar confederacies. In each of the latter, the efficacy
of the federal resolutions depends on the subsequent and voluntary
resolutions of the states composing the union. Hence the states,
though possessing an equal vote in the public councils, have an unequal
influence, corresponding with the unequal importance of these subsequent
and voluntary resolutions. Under the proposed Constitution, the
federal acts will take effect without the necessary intervention of the
individual States. They will depend merely on the majority of votes in
the federal legislature, and consequently each vote, whether proceeding
from a larger or smaller State, or a State more or less wealthy or
powerful, will have an equal weight and efficacy: in the same manner
as the votes individually given in a State legislature, by the
representatives of unequal counties or other districts, have each a
precise equality of value and effect; or if there be any difference in
the case, it proceeds from the difference in the personal character of
the individual representative, rather than from any regard to the extent
of the district from which he comes."
Such is the reasoning which an advocate for the Southern interests
might employ on this subject; and although it may appear to be a little
strained in some points, yet, on the whole, I must confess that it fully
reconciles me to the scale of representation which the convention have
established.
In one respect, the establishment of a common measure for representation
and taxation will have a very salutary effect. As the accuracy of the
census to be obtained by the Congress will necessarily depend, in a
considerable degree on the disposition, if not on the co-operation, of
the States, it is of great importance that the States should feel as
little bias as possible, to swell or to reduce the amount of their
numbers. Were their share of representation alone to be governed by this
rule, they would have an interest in exaggerating their inhabitants.
Were the rule to decide their share of taxation alone, a contrary
temptation would prevail. By extending the rule to both objects, the
States will have opposite interests, which will control and balance each
other, and produce the requisite impartiality.
PUBLIUS
FEDERALIST No. 55
The Total Number of the House of Representatives
For the Independent Journal. Wednesday, February 13, 1788.
MADISON
To the People of the State of New York:
THE number of which the House of Representatives is to consist, forms
another and a very interesting point of view, under which this branch of
the federal legislature may be contemplated. Scarce any article, indeed,
in the whole Constitution seems to be rendered more worthy of attention,
by the weight of character and the apparent force of argument with which
it has been assailed. The charges exhibited against it are, first, that
so small a number of representatives will be an unsafe depositary of
the public interests; secondly, that they will not possess a proper
knowledge of the local circumstances of their numerous constituents;
thirdly, that they will be taken from that class of citizens which will
sympathize least with the feelings of the mass of the people, and be
most likely to aim at a permanent elevation of the few on the depression
of the many; fourthly, that defective as the number will be in the first
instance, it will be more and more disproportionate, by the increase
of the people, and the obstacles which will prevent a correspondent
increase of the representatives.
In general it may be remarked on this subject, that no political problem
is less susceptible of a precise solution than that which relates to the
number most convenient for a representative legislature; nor is there
any point on which the policy of the several States is more at variance,
whether we compare their legislative assemblies directly with each
other, or consider the proportions which they respectively bear to the
number of their constituents. Passing over the difference between the
smallest and largest States, as Delaware, whose most numerous branch
consists of twenty-one representatives, and Massachusetts, where
it amounts to between three and four hundred, a very considerable
difference is observable among States nearly equal in population. The
number of representatives in Pennsylvania is not more than one fifth of
that in the State last mentioned. New York, whose population is to that
of South Carolina as six to five, has little more than one third of the
number of representatives. As great a disparity prevails between the
States of Georgia and Delaware or Rhode Island. In Pennsylvania, the
representatives do not bear a greater proportion to their constituents
than of one for every four or five thousand. In Rhode Island, they bear
a proportion of at least one for every thousand. And according to the
constitution of Georgia, the proportion may be carried to one to every
ten electors; and must unavoidably far exceed the proportion in any of
the other States.
Another general remark to be made is, that the ratio between the
representatives and the people ought not to be the same where the latter
are very numerous as where they are very few. Were the representatives
in Virginia to be regulated by the standard in Rhode Island, they would,
at this time, amount to between four and five hundred; and twenty or
thirty years hence, to a thousand. On the other hand, the ratio of
Pennsylvania, if applied to the State of Delaware, would reduce the
representative assembly of the latter to seven or eight members. Nothing
can be more fallacious than to found our political calculations on
arithmetical principles. Sixty or seventy men may be more properly
trusted with a given degree of power than six or seven. But it does
not follow that six or seven hundred would be proportionably a better
depositary. And if we carry on the supposition to six or seven thousand,
the whole reasoning ought to be reversed. The truth is, that in all
cases a certain number at least seems to be necessary to secure the
benefits of free consultation and discussion, and to guard against too
easy a combination for improper purposes; as, on the other hand, the
number ought at most to be kept within a certain limit, in order
to avoid the confusion and intemperance of a multitude. In all very
numerous assemblies, of whatever character composed, passion never fails
to wrest the sceptre from reason. Had every Athenian citizen been a
Socrates, every Athenian assembly would still have been a mob.
It is necessary also to recollect here the observations which were
applied to the case of biennial elections. For the same reason that
the limited powers of the Congress, and the control of the State
legislatures, justify less frequent elections than the public safely
might otherwise require, the members of the Congress need be less
numerous than if they possessed the whole power of legislation, and were
under no other than the ordinary restraints of other legislative bodies.
With these general ideas in our mind, let us weigh the objections which
have been stated against the number of members proposed for the House of
Representatives. It is said, in the first place, that so small a number
cannot be safely trusted with so much power.
The number of which this branch of the legislature is to consist, at the
outset of the government, will be sixty-five. Within three years a census
is to be taken, when the number may be augmented to one for every thirty
thousand inhabitants; and within every successive period of ten years
the census is to be renewed, and augmentations may continue to be
made under the above limitation. It will not be thought an extravagant
conjecture that the first census will, at the rate of one for every
thirty thousand, raise the number of representatives to at least one
hundred. Estimating the negroes in the proportion of three fifths, it
can scarcely be doubted that the population of the United States will
by that time, if it does not already, amount to three millions. At
the expiration of twenty-five years, according to the computed rate of
increase, the number of representatives will amount to two hundred, and
of fifty years, to four hundred. This is a number which, I presume, will
put an end to all fears arising from the smallness of the body. I
take for granted here what I shall, in answering the fourth objection,
hereafter show, that the number of representatives will be augmented
from time to time in the manner provided by the Constitution. On a
contrary supposition, I should admit the objection to have very great
weight indeed.
The true question to be decided then is, whether the smallness of the
number, as a temporary regulation, be dangerous to the public liberty?
Whether sixty-five members for a few years, and a hundred or two hundred
for a few more, be a safe depositary for a limited and well-guarded
power of legislating for the United States? I must own that I could
not give a negative answer to this question, without first obliterating
every impression which I have received with regard to the present
genius of the people of America, the spirit which actuates the State
legislatures, and the principles which are incorporated with the
political character of every class of citizens I am unable to conceive
that the people of America, in their present temper, or under any
circumstances which can speedily happen, will choose, and every second
year repeat the choice of, sixty-five or a hundred men who would be
disposed to form and pursue a scheme of tyranny or treachery. I am
unable to conceive that the State legislatures, which must feel so many
motives to watch, and which possess so many means of counteracting,
the federal legislature, would fail either to detect or to defeat
a conspiracy of the latter against the liberties of their common
constituents. I am equally unable to conceive that there are at this
time, or can be in any short time, in the United States, any sixty-five
or a hundred men capable of recommending themselves to the choice of the
people at large, who would either desire or dare, within the short space
of two years, to betray the solemn trust committed to them. What change
of circumstances, time, and a fuller population of our country may
produce, requires a prophetic spirit to declare, which makes no part of
my pretensions. But judging from the circumstances now before us, and
from the probable state of them within a moderate period of time, I must
pronounce that the liberties of America cannot be unsafe in the number
of hands proposed by the federal Constitution.
From what quarter can the danger proceed? Are we afraid of foreign gold?
If foreign gold could so easily corrupt our federal rulers and enable
them to ensnare and betray their constituents, how has it happened that
we are at this time a free and independent nation? The Congress which
conducted us through the Revolution was a less numerous body than their
successors will be; they were not chosen by, nor responsible to,
their fellowcitizens at large; though appointed from year to year, and
recallable at pleasure, they were generally continued for three years,
and prior to the ratification of the federal articles, for a still
longer term. They held their consultations always under the veil of
secrecy; they had the sole transaction of our affairs with foreign
nations; through the whole course of the war they had the fate of their
country more in their hands than it is to be hoped will ever be the case
with our future representatives; and from the greatness of the prize
at stake, and the eagerness of the party which lost it, it may well
be supposed that the use of other means than force would not have been
scrupled. Yet we know by happy experience that the public trust was not
betrayed; nor has the purity of our public councils in this particular
ever suffered, even from the whispers of calumny.