Responsibility is of two kinds--to censure and to punishment. The first

is the more important of the two, especially in an elective office. Man,

in public trust, will much oftener act in such a manner as to render him

unworthy of being any longer trusted, than in such a manner as to

make him obnoxious to legal punishment. But the multiplication of the

Executive adds to the difficulty of detection in either case. It often

becomes impossible, amidst mutual accusations, to determine on whom the

blame or the punishment of a pernicious measure, or series of pernicious

measures, ought really to fall. It is shifted from one to another with

so much dexterity, and under such plausible appearances, that the public

opinion is left in suspense about the real author. The circumstances

which may have led to any national miscarriage or misfortune are

sometimes so complicated that, where there are a number of actors

who may have had different degrees and kinds of agency, though we may

clearly see upon the whole that there has been mismanagement, yet it may

be impracticable to pronounce to whose account the evil which may have

been incurred is truly chargeable.)(E1)

"I was overruled by my council. The council were so divided in their

opinions that it was impossible to obtain any better resolution on the

point." These and similar pretexts are constantly at hand, whether true

or false. And who is there that will either take the trouble or

incur the odium, of a strict scrutiny into the secret springs of the

transaction? Should there be found a citizen zealous enough to undertake

the unpromising task, if there happen to be collusion between the

parties concerned, how easy it is to clothe the circumstances with so

much ambiguity, as to render it uncertain what was the precise conduct

of any of those parties?

In the single instance in which the governor of this State is coupled

with a council--that is, in the appointment to offices, we have seen

the mischiefs of it in the view now under consideration. Scandalous

appointments to important offices have been made. Some cases, indeed,

have been so flagrant that ALL PARTIES have agreed in the impropriety

of the thing. When inquiry has been made, the blame has been laid by the

governor on the members of the council, who, on their part, have charged

it upon his nomination; while the people remain altogether at a loss

to determine, by whose influence their interests have been committed

to hands so unqualified and so manifestly improper. In tenderness to

individuals, I forbear to descend to particulars.

It is evident from these considerations, that the plurality of the

Executive tends to deprive the people of the two greatest securities

they can have for the faithful exercise of any delegated power, first,

the restraints of public opinion, which lose their efficacy, as well on

account of the division of the censure attendant on bad measures among a

number, as on account of the uncertainty on whom it ought to fall; and,

second, the opportunity of discovering with facility and clearness the

misconduct of the persons they trust, in order either to their removal

from office or to their actual punishment in cases which admit of it.

In England, the king is a perpetual magistrate; and it is a maxim which

has obtained for the sake of the public peace, that he is unaccountable

for his administration, and his person sacred. Nothing, therefore, can

be wiser in that kingdom, than to annex to the king a constitutional

council, who may be responsible to the nation for the advice they give.

Without this, there would be no responsibility whatever in the executive

department an idea inadmissible in a free government. But even there

the king is not bound by the resolutions of his council, though they are

answerable for the advice they give. He is the absolute master of his

own conduct in the exercise of his office, and may observe or disregard

the counsel given to him at his sole discretion.

But in a republic, where every magistrate ought to be personally

responsible for his behavior in office the reason which in the British

Constitution dictates the propriety of a council, not only ceases to

apply, but turns against the institution. In the monarchy of Great

Britain, it furnishes a substitute for the prohibited responsibility of

the chief magistrate, which serves in some degree as a hostage to the

national justice for his good behavior. In the American republic, it

would serve to destroy, or would greatly diminish, the intended and

necessary responsibility of the Chief Magistrate himself.

The idea of a council to the Executive, which has so generally obtained

in the State constitutions, has been derived from that maxim of

republican jealousy which considers power as safer in the hands of a

number of men than of a single man. If the maxim should be admitted to

be applicable to the case, I should contend that the advantage on that

side would not counterbalance the numerous disadvantages on the opposite

side. But I do not think the rule at all applicable to the executive

power. I clearly concur in opinion, in this particular, with a

writer whom the celebrated Junius pronounces to be "deep, solid, and

ingenious," that "the executive power is more easily confined when it

is ONE";(2) that it is far more safe there should be a single object for

the jealousy and watchfulness of the people; and, in a word, that all

multiplication of the Executive is rather dangerous than friendly to

liberty.

A little consideration will satisfy us, that the species of security

sought for in the multiplication of the Executive, is unattainable.

Numbers must be so great as to render combination difficult, or they

are rather a source of danger than of security. The united credit and

influence of several individuals must be more formidable to liberty,

than the credit and influence of either of them separately. When power,

therefore, is placed in the hands of so small a number of men, as to

admit of their interests and views being easily combined in a common

enterprise, by an artful leader, it becomes more liable to abuse, and

more dangerous when abused, than if it be lodged in the hands of one

man; who, from the very circumstance of his being alone, will be more

narrowly watched and more readily suspected, and who cannot unite so

great a mass of influence as when he is associated with others. The

Decemvirs of Rome, whose name denotes their number,(3) were more to be

dreaded in their usurpation than any ONE of them would have been. No

person would think of proposing an Executive much more numerous than

that body; from six to a dozen have been suggested for the number of

the council. The extreme of these numbers, is not too great for an easy

combination; and from such a combination America would have more to

fear, than from the ambition of any single individual. A council to a

magistrate, who is himself responsible for what he does, are generally

nothing better than a clog upon his good intentions, are often the

instruments and accomplices of his bad and are almost always a cloak to

his faults.

I forbear to dwell upon the subject of expense; though it be evident

that if the council should be numerous enough to answer the principal

end aimed at by the institution, the salaries of the members, who must

be drawn from their homes to reside at the seat of government, would

form an item in the catalogue of public expenditures too serious to be

incurred for an object of equivocal utility. I will only add that, prior

to the appearance of the Constitution, I rarely met with an intelligent

man from any of the States, who did not admit, as the result of

experience, that the UNITY of the executive of this State was one of the

best of the distinguishing features of our constitution.

PUBLIUS

1. New York has no council except for the single purpose of appointing

to offices; New Jersey has a council whom the governor may consult. But

I think, from the terms of the constitution, their resolutions do not

bind him.

2. De Lolme.

3. Ten.

E1. Two versions of these paragraphs appear in different editions.

FEDERALIST No. 71

The Duration in Office of the Executive

From the New York Packet. Tuesday, March 18, 1788.

HAMILTON

To the People of the State of New York:

DURATION in office has been mentioned as the second requisite to the

energy of the Executive authority. This has relation to two objects: to

the personal firmness of the executive magistrate, in the employment

of his constitutional powers; and to the stability of the system of

administration which may have been adopted under his auspices. With

regard to the first, it must be evident, that the longer the duration in

office, the greater will be the probability of obtaining so important an

advantage. It is a general principle of human nature, that a man will

be interested in whatever he possesses, in proportion to the firmness or

precariousness of the tenure by which he holds it; will be less attached

to what he holds by a momentary or uncertain title, than to what he

enjoys by a durable or certain title; and, of course, will be willing to

risk more for the sake of the one, than for the sake of the other. This

remark is not less applicable to a political privilege, or honor, or

trust, than to any article of ordinary property. The inference from

it is, that a man acting in the capacity of chief magistrate, under a

consciousness that in a very short time he MUST lay down his office,

will be apt to feel himself too little interested in it to hazard any

material censure or perplexity, from the independent exertion of his

powers, or from encountering the ill-humors, however transient, which

may happen to prevail, either in a considerable part of the society

itself, or even in a predominant faction in the legislative body. If the

case should only be, that he MIGHT lay it down, unless continued by a

new choice, and if he should be desirous of being continued, his wishes,

conspiring with his fears, would tend still more powerfully to corrupt

his integrity, or debase his fortitude. In either case, feebleness and

irresolution must be the characteristics of the station.

There are some who would be inclined to regard the servile pliancy of

the Executive to a prevailing current, either in the community or in

the legislature, as its best recommendation. But such men entertain

very crude notions, as well of the purposes for which government was

instituted, as of the true means by which the public happiness may be

promoted. The republican principle demands that the deliberate sense of

the community should govern the conduct of those to whom they intrust

the management of their affairs; but it does not require an unqualified

complaisance to every sudden breeze of passion, or to every transient

impulse which the people may receive from the arts of men, who flatter

their prejudices to betray their interests. It is a just observation,

that the people commonly INTEND the PUBLIC GOOD. This often applies to

their very errors. But their good sense would despise the adulator

who should pretend that they always REASON RIGHT about the MEANS of

promoting it. They know from experience that they sometimes err; and the

wonder is that they so seldom err as they do, beset, as they continually

are, by the wiles of parasites and sycophants, by the snares of the

ambitious, the avaricious, the desperate, by the artifices of men who

possess their confidence more than they deserve it, and of those who

seek to possess rather than to deserve it. When occasions present

themselves, in which the interests of the people are at variance

with their inclinations, it is the duty of the persons whom they have

appointed to be the guardians of those interests, to withstand the

temporary delusion, in order to give them time and opportunity for more

cool and sedate reflection. Instances might be cited in which a conduct

of this kind has saved the people from very fatal consequences of their

own mistakes, and has procured lasting monuments of their gratitude

to the men who had courage and magnanimity enough to serve them at the

peril of their displeasure.

But however inclined we might be to insist upon an unbounded

complaisance in the Executive to the inclinations of the people, we can

with no propriety contend for a like complaisance to the humors of the

legislature. The latter may sometimes stand in opposition to the

former, and at other times the people may be entirely neutral. In either

supposition, it is certainly desirable that the Executive should be in a

situation to dare to act his own opinion with vigor and decision.

The same rule which teaches the propriety of a partition between the

various branches of power, teaches us likewise that this partition ought

to be so contrived as to render the one independent of the other.

To what purpose separate the executive or the judiciary from the

legislative, if both the executive and the judiciary are so constituted

as to be at the absolute devotion of the legislative? Such a separation

must be merely nominal, and incapable of producing the ends for which

it was established. It is one thing to be subordinate to the laws, and

another to be dependent on the legislative body. The first comports

with, the last violates, the fundamental principles of good government;

and, whatever may be the forms of the Constitution, unites all power

in the same hands. The tendency of the legislative authority to absorb

every other, has been fully displayed and illustrated by examples in

some preceding numbers. In governments purely republican, this tendency

is almost irresistible. The representatives of the people, in a popular

assembly, seem sometimes to fancy that they are the people themselves,

and betray strong symptoms of impatience and disgust at the least sign

of opposition from any other quarter; as if the exercise of its rights,

by either the executive or judiciary, were a breach of their privilege

and an outrage to their dignity. They often appear disposed to exert an

imperious control over the other departments; and as they commonly have

the people on their side, they always act with such momentum as to make

it very difficult for the other members of the government to maintain

the balance of the Constitution.

It may perhaps be asked, how the shortness of the duration in office can

affect the independence of the Executive on the legislature, unless the

one were possessed of the power of appointing or displacing the other.

One answer to this inquiry may be drawn from the principle already

remarked that is, from the slender interest a man is apt to take in

a short-lived advantage, and the little inducement it affords him to

expose himself, on account of it, to any considerable inconvenience

or hazard. Another answer, perhaps more obvious, though not more

conclusive, will result from the consideration of the influence of the

legislative body over the people; which might be employed to prevent

the re-election of a man who, by an upright resistance to any sinister

project of that body, should have made himself obnoxious to its

resentment.

It may be asked also, whether a duration of four years would answer the

end proposed; and if it would not, whether a less period, which would

at least be recommended by greater security against ambitious designs,

would not, for that reason, be preferable to a longer period, which was,

at the same time, too short for the purpose of inspiring the desired

firmness and independence of the magistrate.

It cannot be affirmed, that a duration of four years, or any other

limited duration, would completely answer the end proposed; but it would

contribute towards it in a degree which would have a material

influence upon the spirit and character of the government. Between the

commencement and termination of such a period, there would always be a

considerable interval, in which the prospect of annihilation would be

sufficiently remote, not to have an improper effect upon the conduct

of a man indued with a tolerable portion of fortitude; and in which he

might reasonably promise himself, that there would be time enough before

it arrived, to make the community sensible of the propriety of the

measures he might incline to pursue. Though it be probable that, as

he approached the moment when the public were, by a new election, to

signify their sense of his conduct, his confidence, and with it his

firmness, would decline; yet both the one and the other would derive

support from the opportunities which his previous continuance in the

station had afforded him, of establishing himself in the esteem and

good-will of his constituents. He might, then, hazard with safety, in

proportion to the proofs he had given of his wisdom and integrity,

and to the title he had acquired to the respect and attachment of his

fellow-citizens. As, on the one hand, a duration of four years will

contribute to the firmness of the Executive in a sufficient degree to

render it a very valuable ingredient in the composition; so, on the

other, it is not enough to justify any alarm for the public liberty. If

a British House of Commons, from the most feeble beginnings, FROM THE

MERE POWER OF ASSENTING OR DISAGREEING TO THE IMPOSITION OF A NEW TAX,

have, by rapid strides, reduced the prerogatives of the crown and

the privileges of the nobility within the limits they conceived to be

compatible with the principles of a free government, while they raised

themselves to the rank and consequence of a coequal branch of the

legislature; if they have been able, in one instance, to abolish

both the royalty and the aristocracy, and to overturn all the ancient

establishments, as well in the Church as State; if they have been able,

on a recent occasion, to make the monarch tremble at the prospect of

an innovation(1) attempted by them, what would be to be feared from

an elective magistrate of four years' duration, with the confined

authorities of a President of the United States? What, but that he might

be unequal to the task which the Constitution assigns him? I shall only

add, that if his duration be such as to leave a doubt of his firmness,

that doubt is inconsistent with a jealousy of his encroachments.

PUBLIUS

1. This was the case with respect to Mr. Fox's India bill, which was

carried in the House of Commons, and rejected in the House of Lords, to

the entire satisfaction, as it is said, of the people.

FEDERALIST No. 72

The Same Subject Continued, and Re-Eligibility of the Executive

Considered.

From The Independent Journal. Wednesday, March 19, 1788.

HAMILTON

To the People of the State of New York:

THE administration of government, in its largest sense, comprehends all

the operations of the body politic, whether legislative, executive,

or judiciary; but in its most usual, and perhaps its most precise

signification. it is limited to executive details, and falls peculiarly

within the province of the executive department. The actual conduct of

foreign negotiations, the preparatory plans of finance, the application

and disbursement of the public moneys in conformity to the general

appropriations of the legislature, the arrangement of the army and navy,

the directions of the operations of war--these, and other matters of a

like nature, constitute what seems to be most properly understood by the

administration of government. The persons, therefore, to whose immediate

management these different matters are committed, ought to be considered

as the assistants or deputies of the chief magistrate, and on this

account, they ought to derive their offices from his appointment,

at least from his nomination, and ought to be subject to his

superintendence. This view of the subject will at once suggest to us the

intimate connection between the duration of the executive magistrate in

office and the stability of the system of administration. To reverse and

undo what has been done by a predecessor, is very often considered by a

successor as the best proof he can give of his own capacity and desert;

and in addition to this propensity, where the alteration has been

the result of public choice, the person substituted is warranted in

supposing that the dismission of his predecessor has proceeded from a

dislike to his measures; and that the less he resembles him, the more

he will recommend himself to the favor of his constituents. These

considerations, and the influence of personal confidences and

attachments, would be likely to induce every new President to promote

a change of men to fill the subordinate stations; and these causes

together could not fail to occasion a disgraceful and ruinous mutability

in the administration of the government.

With a positive duration of considerable extent, I connect the

circumstance of re-eligibility. The first is necessary to give to the

officer himself the inclination and the resolution to act his part well,

and to the community time and leisure to observe the tendency of his

measures, and thence to form an experimental estimate of their merits.

The last is necessary to enable the people, when they see reason to

approve of his conduct, to continue him in his station, in order to

prolong the utility of his talents and virtues, and to secure to

the government the advantage of permanency in a wise system of

administration.

Nothing appears more plausible at first sight, nor more ill-founded upon

close inspection, than a scheme which in relation to the present point

has had some respectable advocates--I mean that of continuing the chief

magistrate in office for a certain time, and then excluding him from it,

either for a limited period or forever after. This exclusion, whether

temporary or perpetual, would have nearly the same effects, and these

effects would be for the most part rather pernicious than salutary.

One ill effect of the exclusion would be a diminution of the inducements

to good behavior. There are few men who would not feel much less zeal in

the discharge of a duty when they were conscious that the advantages

of the station with which it was connected must be relinquished at a

determinate period, than when they were permitted to entertain a hope of

obtaining, by meriting, a continuance of them. This position will not be

disputed so long as it is admitted that the desire of reward is one of

the strongest incentives of human conduct; or that the best security for

the fidelity of mankind is to make their interests coincide with their

duty. Even the love of fame, the ruling passion of the noblest minds,

which would prompt a man to plan and undertake extensive and arduous

enterprises for the public benefit, requiring considerable time to

mature and perfect them, if he could flatter himself with the prospect

of being allowed to finish what he had begun, would, on the contrary,

deter him from the undertaking, when he foresaw that he must quit

the scene before he could accomplish the work, and must commit that,

together with his own reputation, to hands which might be unequal or

unfriendly to the task. The most to be expected from the generality

of men, in such a situation, is the negative merit of not doing harm,

instead of the positive merit of doing good.

Another ill effect of the exclusion would be the temptation to sordid

views, to peculation, and, in some instances, to usurpation. An

avaricious man, who might happen to fill the office, looking forward to

a time when he must at all events yield up the emoluments he enjoyed,

would feel a propensity, not easy to be resisted by such a man, to make

the best use of the opportunity he enjoyed while it lasted, and might

not scruple to have recourse to the most corrupt expedients to make the

harvest as abundant as it was transitory; though the same man, probably,

with a different prospect before him, might content himself with the

regular perquisites of his situation, and might even be unwilling to

risk the consequences of an abuse of his opportunities. His avarice

might be a guard upon his avarice. Add to this that the same man might

be vain or ambitious, as well as avaricious. And if he could expect to

prolong his honors by his good conduct, he might hesitate to sacrifice

his appetite for them to his appetite for gain. But with the prospect

before him of approaching an inevitable annihilation, his avarice

would be likely to get the victory over his caution, his vanity, or his

ambition.

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