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.
PUBLIUS
FEDERALIST No. 58
Objection That The Number of Members Will Not Be Augmented as the
Progress of Population Demands.
Considered For the Independent Journal Wednesday, February 20, 1788.
MADISON
To the People of the State of New York:
THE remaining charge against the House of Representatives, which I am
to examine, is grounded on a supposition that the number of members will
not be augmented from time to time, as the progress of population may
demand.
It has been admitted, that this objection, if well supported, would have
great weight. The following observations will show that, like most other
objections against the Constitution, it can only proceed from a partial
view of the subject, or from a jealousy which discolors and disfigures
every object which is beheld.
1. Those who urge the objection seem not to have recollected that the
federal Constitution will not suffer by a comparison with the State
constitutions, in the security provided for a gradual augmentation of
the number of representatives. The number which is to prevail in the
first instance is declared to be temporary. Its duration is limited to
the short term of three years.
Within every successive term of ten years a census of inhabitants is to
be repeated. The unequivocal objects of these regulations are, first, to
readjust, from time to time, the apportionment of representatives to the
number of inhabitants, under the single exception that each State shall
have one representative at least; secondly, to augment the number of
representatives at the same periods, under the sole limitation that the
whole number shall not exceed one for every thirty thousand inhabitants.
If we review the constitutions of the several States, we shall find that
some of them contain no determinate regulations on this subject,
that others correspond pretty much on this point with the federal
Constitution, and that the most effectual security in any of them is
resolvable into a mere directory provision.
2. As far as experience has taken place on this subject, a gradual
increase of representatives under the State constitutions has at least
kept pace with that of the constituents, and it appears that the former
have been as ready to concur in such measures as the latter have been to
call for them.
3. There is a peculiarity in the federal Constitution which insures
a watchful attention in a majority both of the people and of their
representatives to a constitutional augmentation of the latter. The
peculiarity lies in this, that one branch of the legislature is a
representation of citizens, the other of the States: in the former,
consequently, the larger States will have most weight; in the latter,
the advantage will be in favor of the smaller States. From this
circumstance it may with certainty be inferred that the larger States
will be strenuous advocates for increasing the number and weight of that
part of the legislature in which their influence predominates. And it so
happens that four only of the largest will have a majority of the whole
votes in the House of Representatives. Should the representatives or
people, therefore, of the smaller States oppose at any time a reasonable
addition of members, a coalition of a very few States will be sufficient
to overrule the opposition; a coalition which, notwithstanding the
rivalship and local prejudices which might prevent it on ordinary
occasions, would not fail to take place, when not merely prompted by
common interest, but justified by equity and the principles of the
Constitution.
It may be alleged, perhaps, that the Senate would be prompted by like
motives to an adverse coalition; and as their concurrence would be
indispensable, the just and constitutional views of the other branch
might be defeated. This is the difficulty which has probably created
the most serious apprehensions in the jealous friends of a numerous
representation. Fortunately it is among the difficulties which, existing
only in appearance, vanish on a close and accurate inspection. The
following reflections will, if I mistake not, be admitted to be
conclusive and satisfactory on this point.
Notwithstanding the equal authority which will subsist between the two
houses on all legislative subjects, except the originating of money
bills, it cannot be doubted that the House, composed of the greater
number of members, when supported by the more powerful States, and
speaking the known and determined sense of a majority of the people,
will have no small advantage in a question depending on the comparative
firmness of the two houses.
This advantage must be increased by the consciousness, felt by the same
side of being supported in its demands by right, by reason, and by the
Constitution; and the consciousness, on the opposite side, of contending
against the force of all these solemn considerations.
It is farther to be considered, that in the gradation between the
smallest and largest States, there are several, which, though most
likely in general to arrange themselves among the former are too
little removed in extent and population from the latter, to second an
opposition to their just and legitimate pretensions. Hence it is by no
means certain that a majority of votes, even in the Senate, would be
unfriendly to proper augmentations in the number of representatives.
It will not be looking too far to add, that the senators from all
the new States may be gained over to the just views of the House of
Representatives, by an expedient too obvious to be overlooked. As these
States will, for a great length of time, advance in population with
peculiar rapidity, they will be interested in frequent reapportionments
of the representatives to the number of inhabitants. The large States,
therefore, who will prevail in the House of Representatives, will have
nothing to do but to make reapportionments and augmentations mutually
conditions of each other; and the senators from all the most growing
States will be bound to contend for the latter, by the interest which
their States will feel in the former.
These considerations seem to afford ample security on this subject, and
ought alone to satisfy all the doubts and fears which have been
indulged with regard to it. Admitting, however, that they should all be
insufficient to subdue the unjust policy of the smaller States, or their
predominant influence in the councils of the Senate, a constitutional
and infallible resource still remains with the larger States, by which
they will be able at all times to accomplish their just purposes. The
House of Representatives cannot only refuse, but they alone can propose,
the supplies requisite for the support of government. They, in a word,
hold the purse--that powerful instrument by which we behold, in the
history of the British Constitution, an infant and humble representation
of the people gradually enlarging the sphere of its activity and
importance, and finally reducing, as far as it seems to have wished, all
the overgrown prerogatives of the other branches of the government. This
power over the purse may, in fact, be regarded as the most complete
and effectual weapon with which any constitution can arm the immediate
representatives of the people, for obtaining a redress of every
grievance, and for carrying into effect every just and salutary measure.
But will not the House of Representatives be as much interested as the
Senate in maintaining the government in its proper functions, and will
they not therefore be unwilling to stake its existence or its reputation
on the pliancy of the Senate? Or, if such a trial of firmness between
the two branches were hazarded, would not the one be as likely first to
yield as the other? These questions will create no difficulty with
those who reflect that in all cases the smaller the number, and the more
permanent and conspicuous the station, of men in power, the stronger
must be the interest which they will individually feel in whatever
concerns the government. Those who represent the dignity of their
country in the eyes of other nations, will be particularly sensible to
every prospect of public danger, or of dishonorable stagnation in public
affairs. To those causes we are to ascribe the continual triumph of
the British House of Commons over the other branches of the government,
whenever the engine of a money bill has been employed. An absolute
inflexibility on the side of the latter, although it could not
have failed to involve every department of the state in the general
confusion, has neither been apprehended nor experienced. The utmost
degree of firmness that can be displayed by the federal Senate or
President, will not be more than equal to a resistance in which they
will be supported by constitutional and patriotic principles.
In this review of the Constitution of the House of Representatives, I
have passed over the circumstances of economy, which, in the present
state of affairs, might have had some effect in lessening the temporary
number of representatives, and a disregard of which would probably have
been as rich a theme of declamation against the Constitution as has been
shown by the smallness of the number proposed. I omit also any remarks
on the difficulty which might be found, under present circumstances, in
engaging in the federal service a large number of such characters as
the people will probably elect. One observation, however, I must be
permitted to add on this subject as claiming, in my judgment, a very
serious attention. It is, that in all legislative assemblies the greater
the number composing them may be, the fewer will be the men who will in
fact direct their proceedings. In the first place, the more numerous an
assembly may be, of whatever characters composed, the greater is known
to be the ascendency of passion over reason. In the next place, the
larger the number, the greater will be the proportion of members of
limited information and of weak capacities. Now, it is precisely on
characters of this description that the eloquence and address of the few
are known to act with all their force. In the ancient republics, where
the whole body of the people assembled in person, a single orator, or an
artful statesman, was generally seen to rule with as complete a sway as
if a sceptre had been placed in his single hand. On the same principle,
the more multitudinous a representative assembly may be rendered, the
more it will partake of the infirmities incident to collective meetings
of the people. Ignorance will be the dupe of cunning, and passion the
slave of sophistry and declamation. The people can never err more than
in supposing that by multiplying their representatives beyond a certain
limit, they strengthen the barrier against the government of a few.
Experience will forever admonish them that, on the contrary, AFTER
SECURING A SUFFICIENT NUMBER FOR THE PURPOSES OF SAFETY, OF LOCAL
INFORMATION, AND OF DIFFUSIVE SYMPATHY WITH THE WHOLE SOCIETY, they will
counteract their own views by every addition to their representatives.
The countenance of the government may become more democratic, but the
soul that animates it will be more oligarchic. The machine will be
enlarged, but the fewer, and often the more secret, will be the springs
by which its motions are directed.
As connected with the objection against the number of representatives,
may properly be here noticed, that which has been suggested against the
number made competent for legislative business. It has been said that
more than a majority ought to have been required for a quorum; and in
particular cases, if not in all, more than a majority of a quorum for
a decision. That some advantages might have resulted from such a
precaution, cannot be denied. It might have been an additional shield to
some particular interests, and another obstacle generally to hasty
and partial measures. But these considerations are outweighed by the
inconveniences in the opposite scale. In all cases where justice or the
general good might require new laws to be passed, or active measures
to be pursued, the fundamental principle of free government would be
reversed. It would be no longer the majority that would rule: the power
would be transferred to the minority. Were the defensive privilege
limited to particular cases, an interested minority might take advantage
of it to screen themselves from equitable sacrifices to the general
weal, or, in particular emergencies, to extort unreasonable indulgences.
Lastly, it would facilitate and foster the baneful practice of
secessions; a practice which has shown itself even in States where a
majority only is required; a practice subversive of all the principles
of order and regular government; a practice which leads more directly to
public convulsions, and the ruin of popular governments, than any other
which has yet been displayed among us.
PUBLIUS
FEDERALIST No. 59
Concerning the Power of Congress to Regulate the Election of Members
From the New York Packet. Friday, February 22, 1788.
HAMILTON
To the People of the State of New York:
THE natural order of the subject leads us to consider, in this place,
that provision of the Constitution which authorizes the national
legislature to regulate, in the last resort, the election of its own
members. It is in these words: "The TIMES, PLACES, and MANNER of holding
elections for senators and representatives shall be prescribed in each
State by the legislature thereof; but the Congress may, at any time, by
law, make or alter SUCH REGULATIONS, except as to the PLACES of choosing
senators."(1) This provision has not only been declaimed against
by those who condemn the Constitution in the gross, but it has been
censured by those who have objected with less latitude and greater
moderation; and, in one instance it has been thought exceptionable by a
gentleman who has declared himself the advocate of every other part of
the system.
I am greatly mistaken, notwithstanding, if there be any article in the
whole plan more completely defensible than this. Its propriety rests
upon the evidence of this plain proposition, that EVERY GOVERNMENT
OUGHT TO CONTAIN IN ITSELF THE MEANS OF ITS OWN PRESERVATION. Every just
reasoner will, at first sight, approve an adherence to this rule, in
the work of the convention; and will disapprove every deviation from
it which may not appear to have been dictated by the necessity of
incorporating into the work some particular ingredient, with which a
rigid conformity to the rule was incompatible. Even in this case, though
he may acquiesce in the necessity, yet he will not cease to regard and
to regret a departure from so fundamental a principle, as a portion of
imperfection in the system which may prove the seed of future weakness,
and perhaps anarchy.
It will not be alleged, that an election law could have been framed and
inserted in the Constitution, which would have been always applicable
to every probable change in the situation of the country; and it will
therefore not be denied, that a discretionary power over elections ought
to exist somewhere. It will, I presume, be as readily conceded,
that there were only three ways in which this power could have been
reasonably modified and disposed: that it must either have been lodged
wholly in the national legislature, or wholly in the State legislatures,
or primarily in the latter and ultimately in the former. The last mode
has, with reason, been preferred by the convention. They have submitted
the regulation of elections for the federal government, in the first
instance, to the local administrations; which, in ordinary cases, and
when no improper views prevail, may be both more convenient and more
satisfactory; but they have reserved to the national authority a right
to interpose, whenever extraordinary circumstances might render that
interposition necessary to its safety.
Nothing can be more evident, than that an exclusive power of regulating
elections for the national government, in the hands of the State
legislatures, would leave the existence of the Union entirely at their
mercy. They could at any moment annihilate it, by neglecting to provide
for the choice of persons to administer its affairs. It is to little
purpose to say, that a neglect or omission of this kind would not be
likely to take place. The constitutional possibility of the thing,
without an equivalent for the risk, is an unanswerable objection. Nor
has any satisfactory reason been yet assigned for incurring that
risk. The extravagant surmises of a distempered jealousy can never be
dignified with that character. If we are in a humor to presume abuses
of power, it is as fair to presume them on the part of the State
governments as on the part of the general government. And as it is more
consonant to the rules of a just theory, to trust the Union with the
care of its own existence, than to transfer that care to any other
hands, if abuses of power are to be hazarded on the one side or on
the other, it is more rational to hazard them where the power would
naturally be placed, than where it would unnaturally be placed.
Suppose an article had been introduced into the Constitution, empowering
the United States to regulate the elections for the particular States,
would any man have hesitated to condemn it, both as an unwarrantable
transposition of power, and as a premeditated engine for the destruction
of the State governments? The violation of principle, in this case,
would have required no comment; and, to an unbiased observer, it will
not be less apparent in the project of subjecting the existence of the
national government, in a similar respect, to the pleasure of the State
governments. An impartial view of the matter cannot fail to result in a
conviction, that each, as far as possible, ought to depend on itself for
its own preservation.
As an objection to this position, it may be remarked that the
constitution of the national Senate would involve, in its full extent,
the danger which it is suggested might flow from an exclusive power
in the State legislatures to regulate the federal elections. It may be
alleged, that by declining the appointment of Senators, they might
at any time give a fatal blow to the Union; and from this it may be
inferred, that as its existence would be thus rendered dependent upon
them in so essential a point, there can be no objection to intrusting
them with it in the particular case under consideration. The interest
of each State, it may be added, to maintain its representation in the
national councils, would be a complete security against an abuse of the
trust.
This argument, though specious, will not, upon examination, be found
solid. It is certainly true that the State legislatures, by forbearing
the appointment of senators, may destroy the national government. But
it will not follow that, because they have a power to do this in one
instance, they ought to have it in every other. There are cases in
which the pernicious tendency of such a power may be far more decisive,
without any motive equally cogent with that which must have regulated
the conduct of the convention in respect to the formation of the
Senate, to recommend their admission into the system. So far as that
construction may expose the Union to the possibility of injury from the
State legislatures, it is an evil; but it is an evil which could not
have been avoided without excluding the States, in their political
capacities, wholly from a place in the organization of the national
government. If this had been done, it would doubtless have been
interpreted into an entire dereliction of the federal principle; and
would certainly have deprived the State governments of that absolute
safeguard which they will enjoy under this provision. But however wise
it may have been to have submitted in this instance to an inconvenience,
for the attainment of a necessary advantage or a greater good, no
inference can be drawn from thence to favor an accumulation of the evil,
where no necessity urges, nor any greater good invites.
It may be easily discerned also that the national government would run
a much greater risk from a power in the State legislatures over the
elections of its House of Representatives, than from their power of
appointing the members of its Senate. The senators are to be chosen for
the period of six years; there is to be a rotation, by which the seats
of a third part of them are to be vacated and replenished every two
years; and no State is to be entitled to more than two senators; a
quorum of the body is to consist of sixteen members. The joint result
of these circumstances would be, that a temporary combination of a few
States to intermit the appointment of senators, could neither annul
the existence nor impair the activity of the body; and it is not from
a general and permanent combination of the States that we can have any
thing to fear. The first might proceed from sinister designs in the
leading members of a few of the State legislatures; the last would
suppose a fixed and rooted disaffection in the great body of the people,
which will either never exist at all, or will, in all probability,
proceed from an experience of the inaptitude of the general government
to the advancement of their happiness in which event no good citizen
could desire its continuance.
But with regard to the federal House of Representatives, there is
intended to be a general election of members once in two years. If
the State legislatures were to be invested with an exclusive power
of regulating these elections, every period of making them would be
a delicate crisis in the national situation, which might issue in a
dissolution of the Union, if the leaders of a few of the most important
States should have entered into a previous conspiracy to prevent an
election.