I shall not deny, that there is a degree of weight in the observation,

that the interests of each State, to be represented in the federal

councils, will be a security against the abuse of a power over its

elections in the hands of the State legislatures. But the security will

not be considered as complete, by those who attend to the force of an

obvious distinction between the interest of the people in the public

felicity, and the interest of their local rulers in the power and

consequence of their offices. The people of America may be warmly

attached to the government of the Union, at times when the particular

rulers of particular States, stimulated by the natural rivalship of

power, and by the hopes of personal aggrandizement, and supported by

a strong faction in each of those States, may be in a very opposite

temper. This diversity of sentiment between a majority of the people,

and the individuals who have the greatest credit in their councils, is

exemplified in some of the States at the present moment, on the present

question. The scheme of separate confederacies, which will always

multiply the chances of ambition, will be a never failing bait to all

such influential characters in the State administrations as are capable

of preferring their own emolument and advancement to the public weal.

With so effectual a weapon in their hands as the exclusive power of

regulating elections for the national government, a combination of a few

such men, in a few of the most considerable States, where the temptation

will always be the strongest, might accomplish the destruction of the

Union, by seizing the opportunity of some casual dissatisfaction among

the people (and which perhaps they may themselves have excited),

to discontinue the choice of members for the federal House of

Representatives. It ought never to be forgotten, that a firm union

of this country, under an efficient government, will probably be an

increasing object of jealousy to more than one nation of Europe; and

that enterprises to subvert it will sometimes originate in the intrigues

of foreign powers, and will seldom fail to be patronized and abetted by

some of them. Its preservation, therefore ought in no case that can

be avoided, to be committed to the guardianship of any but those whose

situation will uniformly beget an immediate interest in the faithful and

vigilant performance of the trust.

PUBLIUS

1. 1st clause, 4th section, of the 1st article.

FEDERALIST No. 60

The Same Subject Continued (Concerning the Power of Congress to Regulate

the Election of Members)

From The Independent Journal. Saturday, February 23, 1788.

HAMILTON

To the People of the State of New York:

WE HAVE seen, that an uncontrollable power over the elections to the

federal government could not, without hazard, be committed to the State

legislatures. Let us now see, what would be the danger on the other

side; that is, from confiding the ultimate right of regulating its own

elections to the Union itself. It is not pretended, that this right

would ever be used for the exclusion of any State from its share in the

representation. The interest of all would, in this respect at least,

be the security of all. But it is alleged, that it might be employed in

such a manner as to promote the election of some favorite class of

men in exclusion of others, by confining the places of election to

particular districts, and rendering it impracticable to the citizens

at large to partake in the choice. Of all chimerical suppositions,

this seems to be the most chimerical. On the one hand, no rational

calculation of probabilities would lead us to imagine that the

disposition which a conduct so violent and extraordinary would imply,

could ever find its way into the national councils; and on the other,

it may be concluded with certainty, that if so improper a spirit should

ever gain admittance into them, it would display itself in a form

altogether different and far more decisive.

The improbability of the attempt may be satisfactorily inferred from

this single reflection, that it could never be made without causing an

immediate revolt of the great body of the people, headed and directed

by the State governments. It is not difficult to conceive that this

characteristic right of freedom may, in certain turbulent and factious

seasons, be violated, in respect to a particular class of citizens, by

a victorious and overbearing majority; but that so fundamental a

privilege, in a country so situated and enlightened, should be invaded

to the prejudice of the great mass of the people, by the deliberate

policy of the government, without occasioning a popular revolution, is

altogether inconceivable and incredible.

In addition to this general reflection, there are considerations of a

more precise nature, which forbid all apprehension on the subject.

The dissimilarity in the ingredients which will compose the national

government, and still more in the manner in which they will be brought

into action in its various branches, must form a powerful obstacle to a

concert of views in any partial scheme of elections. There is sufficient

diversity in the state of property, in the genius, manners, and habits

of the people of the different parts of the Union, to occasion a

material diversity of disposition in their representatives towards

the different ranks and conditions in society. And though an

intimate intercourse under the same government will promote a gradual

assimilation in some of these respects, yet there are causes, as well

physical as moral, which may, in a greater or less degree, permanently

nourish different propensities and inclinations in this respect. But the

circumstance which will be likely to have the greatest influence in

the matter, will be the dissimilar modes of constituting the several

component parts of the government. The House of Representatives being

to be elected immediately by the people, the Senate by the State

legislatures, the President by electors chosen for that purpose by the

people, there would be little probability of a common interest to cement

these different branches in a predilection for any particular class of

electors.

As to the Senate, it is impossible that any regulation of "time and

manner," which is all that is proposed to be submitted to the national

government in respect to that body, can affect the spirit which will

direct the choice of its members. The collective sense of the State

legislatures can never be influenced by extraneous circumstances of

that sort; a consideration which alone ought to satisfy us that the

discrimination apprehended would never be attempted. For what inducement

could the Senate have to concur in a preference in which itself

would not be included? Or to what purpose would it be established, in

reference to one branch of the legislature, if it could not be extended

to the other? The composition of the one would in this case counteract

that of the other. And we can never suppose that it would embrace the

appointments to the Senate, unless we can at the same time suppose the

voluntary co-operation of the State legislatures. If we make the latter

supposition, it then becomes immaterial where the power in question is

placed--whether in their hands or in those of the Union.

But what is to be the object of this capricious partiality in the

national councils? Is it to be exercised in a discrimination between

the different departments of industry, or between the different kinds of

property, or between the different degrees of property? Will it lean in

favor of the landed interest, or the moneyed interest, or the mercantile

interest, or the manufacturing interest? Or, to speak in the fashionable

language of the adversaries to the Constitution, will it court the

elevation of "the wealthy and the well-born," to the exclusion and

debasement of all the rest of the society?

If this partiality is to be exerted in favor of those who are concerned

in any particular description of industry or property, I presume it will

readily be admitted, that the competition for it will lie between landed

men and merchants. And I scruple not to affirm, that it is infinitely

less likely that either of them should gain an ascendant in the national

councils, than that the one or the other of them should predominate in

all the local councils. The inference will be, that a conduct tending to

give an undue preference to either is much less to be dreaded from the

former than from the latter.

The several States are in various degrees addicted to agriculture and

commerce. In most, if not all of them, agriculture is predominant. In a

few of them, however, commerce nearly divides its empire, and in most

of them has a considerable share of influence. In proportion as either

prevails, it will be conveyed into the national representation; and for

the very reason, that this will be an emanation from a greater variety

of interests, and in much more various proportions, than are to be found

in any single State, it will be much less apt to espouse either of them

with a decided partiality, than the representation of any single State.

In a country consisting chiefly of the cultivators of land, where the

rules of an equal representation obtain, the landed interest must, upon

the whole, preponderate in the government. As long as this interest

prevails in most of the State legislatures, so long it must maintain a

correspondent superiority in the national Senate, which will generally

be a faithful copy of the majorities of those assemblies. It cannot

therefore be presumed, that a sacrifice of the landed to the mercantile

class will ever be a favorite object of this branch of the federal

legislature. In applying thus particularly to the Senate a general

observation suggested by the situation of the country, I am governed by

the consideration, that the credulous votaries of State power cannot,

upon their own principles, suspect, that the State legislatures would

be warped from their duty by any external influence. But in reality the

same situation must have the same effect, in the primitive composition

at least of the federal House of Representatives: an improper bias

towards the mercantile class is as little to be expected from this

quarter as from the other.

In order, perhaps, to give countenance to the objection at any rate, it

may be asked, is there not danger of an opposite bias in the national

government, which may dispose it to endeavor to secure a monopoly of

the federal administration to the landed class? As there is little

likelihood that the supposition of such a bias will have any terrors for

those who would be immediately injured by it, a labored answer to this

question will be dispensed with. It will be sufficient to remark, first,

that for the reasons elsewhere assigned, it is less likely that any

decided partiality should prevail in the councils of the Union than in

those of any of its members. Secondly, that there would be no temptation

to violate the Constitution in favor of the landed class, because

that class would, in the natural course of things, enjoy as great a

preponderancy as itself could desire. And thirdly, that men accustomed

to investigate the sources of public prosperity upon a large scale,

must be too well convinced of the utility of commerce, to be inclined

to inflict upon it so deep a wound as would result from the entire

exclusion of those who would best understand its interest from a share

in the management of them. The importance of commerce, in the view of

revenue alone, must effectually guard it against the enmity of a body

which would be continually importuned in its favor, by the urgent calls

of public necessity.

I the rather consult brevity in discussing the probability of a

preference founded upon a discrimination between the different kinds of

industry and property, because, as far as I understand the meaning of

the objectors, they contemplate a discrimination of another kind. They

appear to have in view, as the objects of the preference with which they

endeavor to alarm us, those whom they designate by the description of

"the wealthy and the well-born." These, it seems, are to be exalted to

an odious pre-eminence over the rest of their fellow-citizens. At one

time, however, their elevation is to be a necessary consequence of

the smallness of the representative body; at another time it is to

be effected by depriving the people at large of the opportunity of

exercising their right of suffrage in the choice of that body.

But upon what principle is the discrimination of the places of election

to be made, in order to answer the purpose of the meditated preference?

Are "the wealthy and the well-born," as they are called, confined to

particular spots in the several States? Have they, by some miraculous

instinct or foresight, set apart in each of them a common place of

residence? Are they only to be met with in the towns or cities? Or are

they, on the contrary, scattered over the face of the country as avarice

or chance may have happened to cast their own lot or that of their

predecessors? If the latter is the case, (as every intelligent man knows

it to be,(1)) is it not evident that the policy of confining the places

of election to particular districts would be as subversive of its own

aim as it would be exceptionable on every other account? The truth

is, that there is no method of securing to the rich the preference

apprehended, but by prescribing qualifications of property either for

those who may elect or be elected. But this forms no part of the power

to be conferred upon the national government. Its authority would be

expressly restricted to the regulation of the TIMES, the PLACES, the

MANNER of elections. The qualifications of the persons who may choose

or be chosen, as has been remarked upon other occasions, are defined and

fixed in the Constitution, and are unalterable by the legislature.

Let it, however, be admitted, for argument sake, that the expedient

suggested might be successful; and let it at the same time be equally

taken for granted that all the scruples which a sense of duty or

an apprehension of the danger of the experiment might inspire, were

overcome in the breasts of the national rulers, still I imagine it

will hardly be pretended that they could ever hope to carry such an

enterprise into execution without the aid of a military force

sufficient to subdue the resistance of the great body of the people. The

improbability of the existence of a force equal to that object has been

discussed and demonstrated in different parts of these papers; but that

the futility of the objection under consideration may appear in the

strongest light, it shall be conceded for a moment that such a force

might exist, and the national government shall be supposed to be in the

actual possession of it. What will be the conclusion? With a disposition

to invade the essential rights of the community, and with the means of

gratifying that disposition, is it presumable that the persons who

were actuated by it would amuse themselves in the ridiculous task of

fabricating election laws for securing a preference to a favorite class

of men? Would they not be likely to prefer a conduct better adapted to

their own immediate aggrandizement? Would they not rather boldly resolve

to perpetuate themselves in office by one decisive act of usurpation,

than to trust to precarious expedients which, in spite of all

the precautions that might accompany them, might terminate in the

dismission, disgrace, and ruin of their authors? Would they not fear

that citizens, not less tenacious than conscious of their rights, would

flock from the remote extremes of their respective States to the places

of election, to overthrow their tyrants, and to substitute men who would

be disposed to avenge the violated majesty of the people?

PUBLIUS

1. Particularly in the Southern States and in this State.

FEDERALIST No. 61

The Same Subject Continued (Concerning the Power of Congress to Regulate

the Election of Members)

From the New York Packet. Tuesday, February 26, 1788.

HAMILTON

To the People of the State of New York:

THE more candid opposers of the provision respecting elections,

contained in the plan of the convention, when pressed in argument,

will sometimes concede the propriety of that provision; with this

qualification, however, that it ought to have been accompanied with a

declaration, that all elections should be had in the counties where the

electors resided. This, say they, was a necessary precaution against an

abuse of the power. A declaration of this nature would certainly have

been harmless; so far as it would have had the effect of quieting

apprehensions, it might not have been undesirable. But it would, in

fact, have afforded little or no additional security against the

danger apprehended; and the want of it will never be considered, by

an impartial and judicious examiner, as a serious, still less as an

insuperable, objection to the plan. The different views taken of the

subject in the two preceding papers must be sufficient to satisfy all

dispassionate and discerning men, that if the public liberty should ever

be the victim of the ambition of the national rulers, the power under

examination, at least, will be guiltless of the sacrifice.

If those who are inclined to consult their jealousy only, would exercise

it in a careful inspection of the several State constitutions, they

would find little less room for disquietude and alarm, from the latitude

which most of them allow in respect to elections, than from the latitude

which is proposed to be allowed to the national government in the same

respect. A review of their situation, in this particular, would tend

greatly to remove any ill impressions which may remain in regard to this

matter. But as that view would lead into long and tedious details, I

shall content myself with the single example of the State in which

I write. The constitution of New York makes no other provision for

LOCALITY of elections, than that the members of the Assembly shall be

elected in the COUNTIES; those of the Senate, in the great districts

into which the State is or may be divided: these at present are four in

number, and comprehend each from two to six counties. It may readily be

perceived that it would not be more difficult to the legislature of New

York to defeat the suffrages of the citizens of New York, by confining

elections to particular places, than for the legislature of the United

States to defeat the suffrages of the citizens of the Union, by the like

expedient. Suppose, for instance, the city of Albany was to be appointed

the sole place of election for the county and district of which it is

a part, would not the inhabitants of that city speedily become the only

electors of the members both of the Senate and Assembly for that county

and district? Can we imagine that the electors who reside in the remote

subdivisions of the counties of Albany, Saratoga, Cambridge, etc., or in

any part of the county of Montgomery, would take the trouble to come to

the city of Albany, to give their votes for members of the Assembly

or Senate, sooner than they would repair to the city of New York,

to participate in the choice of the members of the federal House of

Representatives? The alarming indifference discoverable in the exercise

of so invaluable a privilege under the existing laws, which afford

every facility to it, furnishes a ready answer to this question. And,

abstracted from any experience on the subject, we can be at no loss

to determine, that when the place of election is at an INCONVENIENT

DISTANCE from the elector, the effect upon his conduct will be the same

whether that distance be twenty miles or twenty thousand miles. Hence

it must appear, that objections to the particular modification of the

federal power of regulating elections will, in substance, apply with

equal force to the modification of the like power in the constitution of

this State; and for this reason it will be impossible to acquit the one,

and to condemn the other. A similar comparison would lead to the same

conclusion in respect to the constitutions of most of the other States.

If it should be said that defects in the State constitutions furnish no

apology for those which are to be found in the plan proposed, I answer,

that as the former have never been thought chargeable with inattention

to the security of liberty, where the imputations thrown on the latter

can be shown to be applicable to them also, the presumption is that they

are rather the cavilling refinements of a predetermined opposition, than

the well-founded inferences of a candid research after truth. To

those who are disposed to consider, as innocent omissions in the State

constitutions, what they regard as unpardonable blemishes in the plan of

the convention, nothing can be said; or at most, they can only be asked

to assign some substantial reason why the representatives of the people

in a single State should be more impregnable to the lust of power, or

other sinister motives, than the representatives of the people of the

United States? If they cannot do this, they ought at least to prove

to us that it is easier to subvert the liberties of three millions

of people, with the advantage of local governments to head their

opposition, than of two hundred thousand people who are destitute

of that advantage. And in relation to the point immediately under

consideration, they ought to convince us that it is less probable that

a predominant faction in a single State should, in order to maintain its

superiority, incline to a preference of a particular class of electors,

than that a similar spirit should take possession of the representatives

of thirteen States, spread over a vast region, and in several respects

distinguishable from each other by a diversity of local circumstances,

prejudices, and interests.

Hitherto my observations have only aimed at a vindication of the

provision in question, on the ground of theoretic propriety, on that of

the danger of placing the power elsewhere, and on that of the safety of

placing it in the manner proposed. But there remains to be mentioned a

positive advantage which will result from this disposition, and which

could not as well have been obtained from any other: I allude to the

circumstance of uniformity in the time of elections for the federal

House of Representatives. It is more than possible that this uniformity

may be found by experience to be of great importance to the public

welfare, both as a security against the perpetuation of the same spirit

in the body, and as a cure for the diseases of faction. If each State

may choose its own time of election, it is possible there may be at

least as many different periods as there are months in the year. The

times of election in the several States, as they are now established for

local purposes, vary between extremes as wide as March and November. The

consequence of this diversity would be that there could never happen a

total dissolution or renovation of the body at one time. If an improper

spirit of any kind should happen to prevail in it, that spirit would

be apt to infuse itself into the new members, as they come forward

in succession. The mass would be likely to remain nearly the same,

assimilating constantly to itself its gradual accretions. There is a

contagion in example which few men have sufficient force of mind to

resist. I am inclined to think that treble the duration in office, with

the condition of a total dissolution of the body at the same time, might

be less formidable to liberty than one third of that duration subject to

gradual and successive alterations.

Uniformity in the time of elections seems not less requisite for

executing the idea of a regular rotation in the Senate, and for

conveniently assembling the legislature at a stated period in each year.

It may be asked, Why, then, could not a time have been fixed in the

Constitution? As the most zealous adversaries of the plan of the

convention in this State are, in general, not less zealous admirers of

the constitution of the State, the question may be retorted, and it

may be asked, Why was not a time for the like purpose fixed in the

constitution of this State? No better answer can be given than that it

was a matter which might safely be entrusted to legislative discretion;

and that if a time had been appointed, it might, upon experiment, have

been found less convenient than some other time. The same answer may be

given to the question put on the other side. And it may be added that

the supposed danger of a gradual change being merely speculative, it

would have been hardly advisable upon that speculation to establish,

as a fundamental point, what would deprive several States of the

convenience of having the elections for their own governments and for

the national government at the same epochs.

PUBLIUS

FEDERALIST No. 62

The Senate

For the Independent Journal. Wednesday, February 27, 1788

MADISON

To the People of the State of New York:

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