answered such of the objections against it as seemed to merit notice, I
enter next on the examination of the Senate. The heads into which this
member of the government may be considered are: I. The qualification of
senators; II. The appointment of them by the State legislatures;
III. The equality of representation in the Senate; IV. The number of
senators, and the term for which they are to be elected; V. The powers
vested in the Senate.
I. The qualifications proposed for senators, as distinguished from those
of representatives, consist in a more advanced age and a longer period
of citizenship. A senator must be thirty years of age at least; as a
representative must be twenty-five. And the former must have been a
citizen nine years; as seven years are required for the latter. The
propriety of these distinctions is explained by the nature of the
senatorial trust, which, requiring greater extent of information and
stability of character, requires at the same time that the senator should
have reached a period of life most likely to supply these advantages;
and which, participating immediately in transactions with foreign
nations, ought to be exercised by none who are not thoroughly weaned
from the prepossessions and habits incident to foreign birth and
education. The term of nine years appears to be a prudent mediocrity
between a total exclusion of adopted citizens, whose merits and talents
may claim a share in the public confidence, and an indiscriminate
and hasty admission of them, which might create a channel for foreign
influence on the national councils.
II. It is equally unnecessary to dilate on the appointment of senators
by the State legislatures. Among the various modes which might have been
devised for constituting this branch of the government, that which has
been proposed by the convention is probably the most congenial with the
public opinion. It is recommended by the double advantage of favoring
a select appointment, and of giving to the State governments such an
agency in the formation of the federal government as must secure the
authority of the former, and may form a convenient link between the two
systems.
III. The equality of representation in the Senate is another point,
which, being evidently the result of compromise between the opposite
pretensions of the large and the small States, does not call for much
discussion. If indeed it be right, that among a people thoroughly
incorporated into one nation, every district ought to have a
PROPORTIONAL share in the government, and that among independent and
sovereign States, bound together by a simple league, the parties,
however unequal in size, ought to have an EQUAL share in the common
councils, it does not appear to be without some reason that in a
compound republic, partaking both of the national and federal character,
the government ought to be founded on a mixture of the principles of
proportional and equal representation. But it is superfluous to try, by
the standard of theory, a part of the Constitution which is allowed on
all hands to be the result, not of theory, but "of a spirit of amity,
and that mutual deference and concession which the peculiarity of our
political situation rendered indispensable." A common government, with
powers equal to its objects, is called for by the voice, and still more
loudly by the political situation, of America. A government founded on
principles more consonant to the wishes of the larger States, is not
likely to be obtained from the smaller States. The only option, then,
for the former, lies between the proposed government and a government
still more objectionable. Under this alternative, the advice of
prudence must be to embrace the lesser evil; and, instead of indulging
a fruitless anticipation of the possible mischiefs which may ensue, to
contemplate rather the advantageous consequences which may qualify the
sacrifice.
In this spirit it may be remarked, that the equal vote allowed to
each State is at once a constitutional recognition of the portion of
sovereignty remaining in the individual States, and an instrument for
preserving that residuary sovereignty. So far the equality ought to be
no less acceptable to the large than to the small States; since they are
not less solicitous to guard, by every possible expedient, against an
improper consolidation of the States into one simple republic.
Another advantage accruing from this ingredient in the constitution of
the Senate is, the additional impediment it must prove against improper
acts of legislation. No law or resolution can now be passed without the
concurrence, first, of a majority of the people, and then, of a majority
of the States. It must be acknowledged that this complicated check on
legislation may in some instances be injurious as well as beneficial;
and that the peculiar defense which it involves in favor of the smaller
States, would be more rational, if any interests common to them, and
distinct from those of the other States, would otherwise be exposed to
peculiar danger. But as the larger States will always be able, by
their power over the supplies, to defeat unreasonable exertions of
this prerogative of the lesser States, and as the faculty and excess
of law-making seem to be the diseases to which our governments are most
liable, it is not impossible that this part of the Constitution may be
more convenient in practice than it appears to many in contemplation.
IV. The number of senators, and the duration of their appointment, come
next to be considered. In order to form an accurate judgment on both of
these points, it will be proper to inquire into the purposes which are
to be answered by a senate; and in order to ascertain these, it will be
necessary to review the inconveniences which a republic must suffer from
the want of such an institution.
First. It is a misfortune incident to republican government, though in a
less degree than to other governments, that those who administer it may
forget their obligations to their constituents, and prove unfaithful
to their important trust. In this point of view, a senate, as a second
branch of the legislative assembly, distinct from, and dividing the
power with, a first, must be in all cases a salutary check on the
government. It doubles the security to the people, by requiring the
concurrence of two distinct bodies in schemes of usurpation or perfidy,
where the ambition or corruption of one would otherwise be sufficient.
This is a precaution founded on such clear principles, and now so well
understood in the United States, that it would be more than superfluous
to enlarge on it. I will barely remark, that as the improbability of
sinister combinations will be in proportion to the dissimilarity in the
genius of the two bodies, it must be politic to distinguish them from
each other by every circumstance which will consist with a due harmony
in all proper measures, and with the genuine principles of republican
government.
Second. The necessity of a senate is not less indicated by the
propensity of all single and numerous assemblies to yield to the impulse
of sudden and violent passions, and to be seduced by factious leaders
into intemperate and pernicious resolutions. Examples on this subject
might be cited without number; and from proceedings within the United
States, as well as from the history of other nations. But a position
that will not be contradicted, need not be proved. All that need be
remarked is, that a body which is to correct this infirmity ought itself
to be free from it, and consequently ought to be less numerous. It
ought, moreover, to possess great firmness, and consequently ought to
hold its authority by a tenure of considerable duration.
Third. Another defect to be supplied by a senate lies in a want of due
acquaintance with the objects and principles of legislation. It is not
possible that an assembly of men called for the most part from pursuits
of a private nature, continued in appointment for a short time, and led
by no permanent motive to devote the intervals of public occupation to a
study of the laws, the affairs, and the comprehensive interests of
their country, should, if left wholly to themselves, escape a variety of
important errors in the exercise of their legislative trust. It may
be affirmed, on the best grounds, that no small share of the present
embarrassments of America is to be charged on the blunders of our
governments; and that these have proceeded from the heads rather than
the hearts of most of the authors of them. What indeed are all the
repealing, explaining, and amending laws, which fill and disgrace our
voluminous codes, but so many monuments of deficient wisdom; so many
impeachments exhibited by each succeeding against each preceding
session; so many admonitions to the people, of the value of those aids
which may be expected from a well-constituted senate?
A good government implies two things: first, fidelity to the object of
government, which is the happiness of the people; secondly, a knowledge
of the means by which that object can be best attained. Some governments
are deficient in both these qualities; most governments are deficient
in the first. I scruple not to assert, that in American governments too
little attention has been paid to the last. The federal Constitution
avoids this error; and what merits particular notice, it provides for
the last in a mode which increases the security for the first.
Fourth. The mutability in the public councils arising from a rapid
succession of new members, however qualified they may be, points out,
in the strongest manner, the necessity of some stable institution in the
government. Every new election in the States is found to change one half
of the representatives. From this change of men must proceed a change
of opinions; and from a change of opinions, a change of measures. But a
continual change even of good measures is inconsistent with every rule
of prudence and every prospect of success. The remark is verified in
private life, and becomes more just, as well as more important, in
national transactions.
To trace the mischievous effects of a mutable government would fill a
volume. I will hint a few only, each of which will be perceived to be a
source of innumerable others.
In the first place, it forfeits the respect and confidence of other
nations, and all the advantages connected with national character. An
individual who is observed to be inconstant to his plans, or perhaps to
carry on his affairs without any plan at all, is marked at once, by all
prudent people, as a speedy victim to his own unsteadiness and folly.
His more friendly neighbors may pity him, but all will decline
to connect their fortunes with his; and not a few will seize the
opportunity of making their fortunes out of his. One nation is to
another what one individual is to another; with this melancholy
distinction perhaps, that the former, with fewer of the benevolent
emotions than the latter, are under fewer restraints also from taking
undue advantage from the indiscretions of each other. Every nation,
consequently, whose affairs betray a want of wisdom and stability, may
calculate on every loss which can be sustained from the more systematic
policy of their wiser neighbors. But the best instruction on this
subject is unhappily conveyed to America by the example of her own
situation. She finds that she is held in no respect by her friends;
that she is the derision of her enemies; and that she is a prey to every
nation which has an interest in speculating on her fluctuating councils
and embarrassed affairs.
The internal effects of a mutable policy are still more calamitous. It
poisons the blessing of liberty itself. It will be of little avail to
the people, that the laws are made by men of their own choice, if the
laws be so voluminous that they cannot be read, or so incoherent that
they cannot be understood; if they be repealed or revised before they
are promulgated, or undergo such incessant changes that no man, who
knows what the law is to-day, can guess what it will be to-morrow. Law
is defined to be a rule of action; but how can that be a rule, which is
little known, and less fixed?
Another effect of public instability is the unreasonable advantage it
gives to the sagacious, the enterprising, and the moneyed few over
the industrious and uninformed mass of the people. Every new regulation
concerning commerce or revenue, or in any way affecting the value of the
different species of property, presents a new harvest to those who watch
the change, and can trace its consequences; a harvest, reared not
by themselves, but by the toils and cares of the great body of their
fellow-citizens. This is a state of things in which it may be said with
some truth that laws are made for the FEW, not for the MANY.
In another point of view, great injury results from an unstable
government. The want of confidence in the public councils damps every
useful undertaking, the success and profit of which may depend on a
continuance of existing arrangements. What prudent merchant will hazard
his fortunes in any new branch of commerce when he knows not but that
his plans may be rendered unlawful before they can be executed? What
farmer or manufacturer will lay himself out for the encouragement given
to any particular cultivation or establishment, when he can have no
assurance that his preparatory labors and advances will not render him
a victim to an inconstant government? In a word, no great improvement
or laudable enterprise can go forward which requires the auspices of a
steady system of national policy.
But the most deplorable effect of all is that diminution of attachment
and reverence which steals into the hearts of the people, towards
a political system which betrays so many marks of infirmity, and
disappoints so many of their flattering hopes. No government, any
more than an individual, will long be respected without being truly
respectable; nor be truly respectable, without possessing a certain
portion of order and stability.
PUBLIUS
FEDERALIST No. 63
The Senate Continued
For the Independent Journal. Saturday, March 1, 1788
MADISON
To the People of the State of New York:
A FIFTH desideratum, illustrating the utility of a senate, is the want
of a due sense of national character. Without a select and stable
member of the government, the esteem of foreign powers will not only be
forfeited by an unenlightened and variable policy, proceeding from the
causes already mentioned, but the national councils will not possess
that sensibility to the opinion of the world, which is perhaps not
less necessary in order to merit, than it is to obtain, its respect and
confidence.
An attention to the judgment of other nations is important to every
government for two reasons: the one is, that, independently of the
merits of any particular plan or measure, it is desirable, on various
accounts, that it should appear to other nations as the offspring of
a wise and honorable policy; the second is, that in doubtful cases,
particularly where the national councils may be warped by some strong
passion or momentary interest, the presumed or known opinion of the
impartial world may be the best guide that can be followed. What has not
America lost by her want of character with foreign nations; and how
many errors and follies would she not have avoided, if the justice and
propriety of her measures had, in every instance, been previously tried
by the light in which they would probably appear to the unbiased part of
mankind?
Yet however requisite a sense of national character may be, it is
evident that it can never be sufficiently possessed by a numerous
and changeable body. It can only be found in a number so small that a
sensible degree of the praise and blame of public measures may be the
portion of each individual; or in an assembly so durably invested with
public trust, that the pride and consequence of its members may
be sensibly incorporated with the reputation and prosperity of the
community. The half-yearly representatives of Rhode Island would
probably have been little affected in their deliberations on the
iniquitous measures of that State, by arguments drawn from the light in
which such measures would be viewed by foreign nations, or even by the
sister States; whilst it can scarcely be doubted that if the concurrence
of a select and stable body had been necessary, a regard to national
character alone would have prevented the calamities under which that
misguided people is now laboring.
I add, as a SIXTH defect the want, in some important cases, of a due
responsibility in the government to the people, arising from
that frequency of elections which in other cases produces this
responsibility. This remark will, perhaps, appear not only new, but
paradoxical. It must nevertheless be acknowledged, when explained, to be
as undeniable as it is important.
Responsibility, in order to be reasonable, must be limited to objects
within the power of the responsible party, and in order to be effectual,
must relate to operations of that power, of which a ready and proper
judgment can be formed by the constituents. The objects of government
may be divided into two general classes: the one depending on measures
which have singly an immediate and sensible operation; the other
depending on a succession of well-chosen and well-connected measures,
which have a gradual and perhaps unobserved operation. The importance of
the latter description to the collective and permanent welfare of every
country, needs no explanation. And yet it is evident that an assembly
elected for so short a term as to be unable to provide more than one
or two links in a chain of measures, on which the general welfare may
essentially depend, ought not to be answerable for the final result,
any more than a steward or tenant, engaged for one year, could be
justly made to answer for places or improvements which could not be
accomplished in less than half a dozen years. Nor is it possible for the
people to estimate the SHARE of influence which their annual assemblies
may respectively have on events resulting from the mixed transactions
of several years. It is sufficiently difficult to preserve a personal
responsibility in the members of a NUMEROUS body, for such acts of
the body as have an immediate, detached, and palpable operation on its
constituents.
The proper remedy for this defect must be an additional body in the
legislative department, which, having sufficient permanency to provide
for such objects as require a continued attention, and a train of
measures, may be justly and effectually answerable for the attainment of
those objects.
Thus far I have considered the circumstances which point out the
necessity of a well-constructed Senate only as they relate to the
representatives of the people. To a people as little blinded by
prejudice or corrupted by flattery as those whom I address, I shall not
scruple to add, that such an institution may be sometimes necessary as a
defense to the people against their own temporary errors and delusions.
As the cool and deliberate sense of the community ought, in all
governments, and actually will, in all free governments, ultimately
prevail over the views of its rulers; so there are particular moments in
public affairs when the people, stimulated by some irregular passion,
or some illicit advantage, or misled by the artful misrepresentations
of interested men, may call for measures which they themselves will
afterwards be the most ready to lament and condemn. In these critical
moments, how salutary will be the interference of some temperate and
respectable body of citizens, in order to check the misguided career,
and to suspend the blow meditated by the people against themselves,
until reason, justice, and truth can regain their authority over the
public mind? What bitter anguish would not the people of Athens have
often escaped if their government had contained so provident a safeguard
against the tyranny of their own passions? Popular liberty might then
have escaped the indelible reproach of decreeing to the same citizens
the hemlock on one day and statues on the next.
It may be suggested, that a people spread over an extensive region
cannot, like the crowded inhabitants of a small district, be subject
to the infection of violent passions, or to the danger of combining
in pursuit of unjust measures. I am far from denying that this is a
distinction of peculiar importance. I have, on the contrary,
endeavored in a former paper to show, that it is one of the principal
recommendations of a confederated republic. At the same time, this
advantage ought not to be considered as superseding the use of auxiliary
precautions. It may even be remarked, that the same extended situation,
which will exempt the people of America from some of the dangers
incident to lesser republics, will expose them to the inconveniency
of remaining for a longer time under the influence of those
misrepresentations which the combined industry of interested men may
succeed in distributing among them.
It adds no small weight to all these considerations, to recollect that
history informs us of no long-lived republic which had not a senate.
Sparta, Rome, and Carthage are, in fact, the only states to whom that
character can be applied. In each of the two first there was a senate
for life. The constitution of the senate in the last is less known.
Circumstantial evidence makes it probable that it was not different in
this particular from the two others. It is at least certain, that it
had some quality or other which rendered it an anchor against popular
fluctuations; and that a smaller council, drawn out of the senate,
was appointed not only for life, but filled up vacancies itself. These
examples, though as unfit for the imitation, as they are repugnant to
the genius, of America, are, notwithstanding, when compared with the
fugitive and turbulent existence of other ancient republics, very
instructive proofs of the necessity of some institution that will blend
stability with liberty. I am not unaware of the circumstances which
distinguish the American from other popular governments, as well
ancient as modern; and which render extreme circumspection necessary, in
reasoning from the one case to the other. But after allowing due weight
to this consideration, it may still be maintained, that there are many
points of similitude which render these examples not unworthy of our
attention. Many of the defects, as we have seen, which can only be
supplied by a senatorial institution, are common to a numerous assembly
frequently elected by the people, and to the people themselves. There
are others peculiar to the former, which require the control of such an
institution. The people can never wilfully betray their own interests;
but they may possibly be betrayed by the representatives of the people;
and the danger will be evidently greater where the whole legislative
trust is lodged in the hands of one body of men, than where the
concurrence of separate and dissimilar bodies is required in every
public act.
The difference most relied on, between the American and other republics,
consists in the principle of representation; which is the pivot on
which the former move, and which is supposed to have been unknown to the
latter, or at least to the ancient part of them. The use which has been
made of this difference, in reasonings contained in former papers,
will have shown that I am disposed neither to deny its existence nor
to undervalue its importance. I feel the less restraint, therefore, in
observing, that the position concerning the ignorance of the ancient
governments on the subject of representation, is by no means precisely
true in the latitude commonly given to it. Without entering into a
disquisition which here would be misplaced, I will refer to a few known
facts, in support of what I advance.