Philadelphia, }
_April 10, 1788_.}
[6] LETTER II.
But besides the objections originating from the before mentioned cause,
that have been called local, there are other objections that are
supposed to arise from maxims of liberty and policy.—
Hence it is inferred, that the proposed system has such inherent vices,
as must necessarily produce a bad administration, and at length the
oppression of a monarchy and aristocracy in the federal officers.
The writer of this address being convinced by as exact an investigation
as he could make, that such mistakes may lead to the perdition of his
country, esteems it his indispensable duty, strenuously to contend,
that—_the power of the people_ pervading the proposed system, together
with the _strong confederation of the states_, forms an adequate
security against every danger that has been apprehended.
If this single assertion can be supported by facts and arguments, there
will be reason to hope, that anxieties will be removed from the minds
of some citizens, who are truly devoted to the interests of America,
and who have been thrown into perplexities, by the mazes of multiplied
and intricate disquisitions.
The objectors agree, that the confederation of the states will be
strong, according to the system proposed, and so strong, that many of
them loudly complain of that strength. On this part of the assertion,
there is no dispute: But some of the objections that have been
published, [7] strike at another part of the principle assumed, and
deny, that the system is sufficiently founded on the power of the
people.
The course of regular inquiry demands, that these objections should be
considered in the first place. If they are removed, then all the rest
of the objections, concerning unnecessary taxations, standing armies,
the abolishment of trial by jury, the liberty of the press, the freedom
of commerce, the judicial, executive, and legislative authorities of
the several states, and the rights of citizens, and the other abuses
of federal government, must, of consequence, be rejected, if the
principle contains the salutary, purifying, and preserving qualities
attributed to it. The question then will be—not what may be done, when
the government shall be turned into a tyranny; but how the government
can be so turned?
Thus unembarrassed by subordinate discussions, we may come fairly to
the contemplation of that superior point, and be better enabled to
discover, whether our attention to it will afford any lights, whereby
we may be conducted to peace, liberty, and safety.
The objections, denying that the system proposed is sufficiently
founded on the power of the people, state, that the number of the
federal trustees or officers, is too small, and that they are to hold
their offices too long.
One would really have supposed, that smallness of number could not be
termed a cause of danger, as influence must increase with enlargement.
If this is a fault, it will soon be corrected, [8] as an addition will
be often made to the number of the senators, and a much greater and
more frequently, to that of the representatives; and in all probability
much sooner, than we shall be able and willing to bear the expence of
the addition.
As to the senate, it never can be, and it never ought to be large,
if it is to possess the powers which almost all the objectors seem
inclined to allot to it, as will be evident to every intelligent
person, who considers those powers.
Though small, let it be remembered, that it is to be created by the
sovereignties of the several states; that is, by the persons, whom
the people of each state shall judge to be most worthy, and who,
surely, will be religiously attentive to making a selection, in which
the interest and honour of their state will be so deeply concerned.
It should be remembered too, that this is the same manner, in which
the members of Congress are now appointed; and that herein, the
sovereignties of the states are so intimately involved, that however
a renunciation of part of these powers may be desired by some of the
states, it _never_ will be obtained from the rest of them. Peaceable,
fraternal, and benevolent as these are, they think, the concessions
they have made, ought to satisfy all.
That the senate may always be kept full, without the interference of
Congress, it is provided in the system, that if vacancies happen by
resignation or otherwise, during the recess of the legislature of the
state, the executive thereof may make temporary appointments, until
the [9] next meeting of the legislature, which shall then fill up such
vacancies.
As to the house of representatives, it is to consist of a number of
persons, not exceeding one for every thirty thousand: But each state
shall have at least one representative. The electors will reside,
widely dispersed, over an extensive country. Cabal and corruption will
be as impracticable, as, on such occasions, human institutions, can
render them. The will of freemen, thus circumstanced, will give the
fiat. The purity of election thus obtained, will amply compensate for
the supposed defect of representation; and the members, thus chosen,
will be most apt to harmonize in their proceedings, with the general
interests, feelings, and sentiments of the people.
Allowing such an increase of population as, from experience and a
variety of causes, may be expected, the representatives, in a short
period, will amount to several hundreds, and most probably long before
any change of manners for the worse, that might tempt or encourage our
ruler to mal-administration, will take place on this continent.
That this house may always be kept full, without the interference of
Congress, it is provided in the system, that when vacancies happen
in any state, the executive authority thereof shall issue writs of
election to fill such vacancies.
But, it seems, the number of the federal officers is not only too
small: They are to hold their offices too long.
[10] This objection surely applies not to the house of representatives,
who are to be chosen every two years, especially if the extent of
empire, and the vast variety and importance of their deliberations,
be considered. In that view, they and the senate will actually be not
only legislative but also diplomatic bodies, perpetually engaged in the
arduous talk of reconciling, in their determinations, the interests of
several sovereign states, not to insist on the necessity of a competent
knowledge of foreign affairs, relative to the states.
They who desire the representatives to be chosen every year, should
exceed Newton in calculations, if they attempt to evince, that the
public business would, in that case, be better transacted, than when
they are chosen every two years. The idea, however, should be excused
for the zeal that prompted it.
Is monarchy or aristocracy to be produced, without the consent of the
people, by a house of representatives, thus constituted?
It has been unanimously agreed by the friends of liberty, that
_frequent elections of the representatives of the people, are the
sovereign remedy of all grievances in a free government_.—Let us pass
on to the senate.
At the end of two years after the first election, one third is to be
elected for six years; and at the end of four years, another third.
Thus one third will constantly have but four years, and another but two
years to continue in office. The whole number at first will amount to
[11] twenty-six, will be regularly renovated by the biennial election
of one third, and will be overlooked, and overawed by the house of
representatives, nearly three times more numerous at the beginning,
rapidly and vastly augmenting, and more enabled to overlook and
over-awe them, by holding their offices for two years, as thereby they
will acquire better information, respecting national affairs. These
representatives will also command the public purse, as all bills for
raising revenue, must originate in their house.
As in the Roman armies, when the Principes and Hastati had failed,
there were still the Triarii, who generally put things to rights, so we
shall be supplied with another resource.
We are to have a president, to superintend, and if he thinks the public
weal requires it, to controul any act of the representatives and senate.
This president is to be chosen, not by the people at large, because
it may not be possible, that all the freemen of the empire should
always have the necessary information, for directing their choice of
such an officer; nor by Congress, lest it should disturb the national
councils; nor _by any one standing body whatever_, for fear of undue
influence.
He is to be chosen in the following manner. Each state shall appoint,
as the legislature thereof may direct, a number of electors, equal to
the whole number of senators and representatives, to which the state
shall be entitled in Congress: but no senator or representative, or
person holding an office of trust or profit under the United States,
shall be appointed an elector. As these elec- [12] tors are to be
appointed, as the legislature of each state may direct, the fairest,
freest opening is given, for each state to chuse such electors for this
purpose, as shall be most signally qualified to fulfil the trust.
To guard against undue influence these electors, thus chosen, are to
meet in their respective states, and vote by ballot; and still further
to guard against it, Congress may determine the time of chusing the
electors, and the days on which they shall give their votes—_which day
shall be the same throughout the United States_. All the votes from the
several states are to be transmitted to Congress, and therein counted.
The president is to hold his office for four years.
When these electors meet in their respective states, utterly vain will
be the unreasonable suggestions derived for partiality. The electors
may throw away their votes, mark, with public disappointment, some
person improperly favored by them, or justly revering the duties of
their office, dedicate their votes to the best interests of their
country.
This president will be no dictator. Two thirds of the representatives
and the senate may pass any law, notwithstanding his dissent; and he is
removable and punishable for misbehaviour.
Can this limited, fluctuating senate, placed amidst such powers, if it
should become willing, ever become able, to make America pass under its
yoke? The senators will generally be inhabitants of places very distant
one from another. They can scarcely be acquainted till [13] they meet.
Few of them can ever act together for any length of time, unless their
good conduct recommends them to a re-election; and then there will be
frequent changes in a body dependant upon the acts of other bodies,
the legislatures of the several states, that are altering every year.
Machiavel and Cæsar Borgia together could not form a conspiracy in such
a senate, destructive to any but themselves and their accomplices.
It is essential to every good government, that there should be some
council, permanent enough to get a due knowledge of affairs internal
and external; so constituted, that by some deaths or removals, the
current of information should not be impeded or disturbed; and so
regulated, as to be responsible to, and controlable by the people.
Where can the authority for combining these advantages, be more
safely, beneficially, or satisfactorily lodged, than in the senate,
to be formed according to the plan proposed? Shall parts of the trust
be committed to the president, with counsellors who shall subscribe
their advices?(40) If assaults upon liberty are to be guarded against,
and surely they ought to be with sleepless vigilance, why should we
depend more on the commander in chief of the army and navy of The
United States, and of the militia of the several states, and on his
counsellors, whom he may secretly influence, than of the senate to be
appointed by the persons exercising the sovereign authority of the
several states? In truth, the [14] objections against the powers of the
senate originated from a desire to have them, or at least some of them,
vested in a body, in which the several states should be represented,
in proportion to the number of inhabitants, as in the house of
representatives. This method is _unattainable_, and the wish for it
should be dismissed from every mind, that desires the existence of a
confederation.
What assurance can be given, or what probability be assigned, that a
board of counsellors would continue honest, longer than the senate? Or,
that they would possess more useful information, respecting all the
states, than the senators of all the states? It appears needless to
pursue this argument any further.
How varied, balanced, concordant, and benign, is the system proposed
to us? To secure the freedom, and promote the happiness of these and
future states, by giving _the will of the people_ a decisive influence
over the whole, and over all the parts, with what a comprehensive
arrangement does it embrace different modes of representation,
from an election by a county to an election by an empire? What are
the complicated ballot, and all the refined devices of Venice for
maintaining her aristocracy, when compared with this plain-dealing work
for diffusing the blessings of equal liberty and common prosperity over
myriads of the human race?
All the foundations before mentioned, of the federal government, are by
the proposed system to be established, in the most clear, strong, [15]
positive, unequivocal expressions, of which our language is capable.
Magna carta, or any other law, never contained clauses more decisive
and emphatic. While the people of these states have sense, they will
understand them; and while they have spirit, they will make them to be
observed.