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The Federalist No. 56
The Total Number of the House of Representatives (continued)
Independent Journal
Saturday, February 16, 1788
[James
Madison]
To the People of the State of New York:
THE second
charge against the House of Representatives is, that it will be too small to
possess a due knowledge of the interests of its constituents.
As this objection evidently proceeds from a comparison of
the proposed number of representatives with the great extent of the United
States, the number of their inhabitants, and the diversity of their interests,
without taking into view at the same time the circumstances which will
distinguish the Congress from other legislative bodies, the best answer that can
be given to it will be a brief explanation of these peculiarities.
It is a sound and important principle that the
representative ought to be acquainted with the interests and circumstances of
his constituents. But this principle can extend no further than to those
circumstances and interests to which the authority and care of the
representative relate. An ignorance of a variety of minute and particular
objects, which do not lie within the compass of legislation, is consistent with
every attribute necessary to a due performance of the legislative trust. In
determining the extent of information required in the exercise of a particular
authority, recourse then must be had to the objects within the purview of that
authority.
What are to be the objects of federal legislation? Those
which are of most importance, and which seem most to require local knowledge,
are commerce, taxation, and the militia.
A proper regulation of commerce requires much information,
as has been elsewhere remarked; but as far as this information relates to the
laws and local situation of each individual State, a very few representatives
would be very sufficient vehicles of it to the federal councils.
Taxation will consist, in a great measure, of duties which
will be involved in the regulation of commerce. So far the preceding remark is
applicable to this object. As far as it may consist of internal collections, a
more diffusive knowledge of the circumstances of the State may be necessary. But
will not this also be possessed in sufficient degree by a very few intelligent
men, diffusively elected within the State? Divide the largest State into ten or
twelve districts, and it will be found that there will be no peculiar local
interests in either, which will not be within the knowledge of the
representative of the district. Besides this source of information, the laws of
the State, framed by representatives from every part of it, will be almost of
themselves a sufficient guide. In every State there have been made, and must
continue to be made, regulations on this subject which will, in many cases,
leave little more to be done by the federal legislature, than to review the
different laws, and reduce them in one general act. A skillful individual in his
closet with all the local codes before him, might compile a law on some subjects
of taxation for the whole union, without any aid from oral information, and it
may be expected that whenever internal taxes may be necessary, and particularly
in cases requiring uniformity throughout the States, the more simple objects
will be preferred. To be fully sensible of the facility which will be given to
this branch of federal legislation by the assistance of the State codes, we need
only suppose for a moment that this or any other State were divided into a
number of parts, each having and exercising within itself a power of local
legislation. Is it not evident that a degree of local information and
preparatory labor would be found in the several volumes of their proceedings,
which would very much shorten the labors of the general legislature, and render
a much smaller number of members sufficient for it? The federal councils will
derive great advantage from another circumstance. The representatives of each
State will not only bring with them a considerable knowledge of its laws, and a
local knowledge of their respective districts, but will probably in all cases
have been members, and may even at the very time be members, of the State
legislature, where all the local information and interests of the State are
assembled, and from whence they may easily be conveyed by a very few hands into
the legislature of the United States.
[The observations made on the subject of taxation apply
with greater force to the case of the militia. For however different the rules
of discipline may be in different States, they are the same throughout each
particular State; and depend on circumstances which can differ but little in
different parts of the same State.]E1
[With regard to the regulation of the militia, there are scarcely any
circumstances in reference to which local knowledge can be said to be necessary.
The general face of the country, whether mountainous or level, most fit for the
operations of infantry or cavalry, is almost the only consideration of this
nature that can occur. The art of war teaches general principles of
organization, movement, and discipline, which apply universally.]E1
The attentive reader will discern that the reasoning here
used, to prove the sufficiency of a moderate number of representatives, does not
in any respect contradict what was urged on another occasion with regard to the
extensive information which the representatives ought to possess, and the time
that might be necessary for acquiring it. This information, so far as it may
relate to local objects, is rendered necessary and difficult, not by a
difference of laws and local circumstances within a single State, but of those
among different States. Taking each State by itself, its laws are the same, and
its interests but little diversified. A few men, therefore, will possess all the
knowledge requisite for a proper representation of them. Were the interests and
affairs of each individual State perfectly simple and uniform, a knowledge of
them in one part would involve a knowledge of them in every other, and the whole
State might be competently represented by a single member taken from any part of
it. On a comparison of the different States together, we find a great
dissimilarity in their laws, and in many other circumstances connected with the
objects of federal legislation, with all of which the federal representatives
ought to have some acquaintance. Whilst a few representatives, therefore, from
each State, may bring with them a due knowledge of their own State, every
representative will have much information to acquire concerning all the other
States. The changes of time, as was formerly remarked, on the comparative
situation of the different States, will have an assimilating effect. The effect
of time on the internal affairs of the States, taken singly, will be just the
contrary. At present some of the States are little more than a society of
husbandmen. Few of them have made much progress in those branches of industry
which give a variety and complexity to the affairs of a nation. These, however,
will in all of them be the fruits of a more advanced population, and will
require, on the part of each State, a fuller representation. The foresight of
the convention has accordingly taken care that the progress of population may be
accompanied with a proper increase of the representative branch of the
government.
The experience of Great Britain, which presents to mankind
so many political lessons, both of the monitory and exemplary kind, and which
has been frequently consulted in the course of these inquiries, corroborates the
result of the reflections which we have just made. The number of inhabitants in
the two kingdoms of England and Scotland cannot be stated at less than eight
millions. The representatives of these eight millions in the House of Commons
amount to five hundred and fifty-eight. Of this number, one ninth are elected by
three hundred and sixty-four persons, and one half, by five thousand seven
hundred and twenty-three persons.1
It cannot be supposed that the half thus elected, and who do not even reside
among the people at large, can add any thing either to the security of the
people against the government, or to the knowledge of their circumstances and
interests in the legislative councils. On the contrary, it is notorious, that
they are more frequently the representatives and instruments of the executive
magistrate, than the guardians and advocates of the popular rights. They might
therefore, with great propriety, be considered as something more than a mere
deduction from the real representatives of the nation. We will, however,
consider them in this light alone, and will not extend the deduction to a
considerable number of others, who do not reside among their constitutents, are
very faintly connected with them, and have very little particular knowledge of
their affairs. With all these concessions, two hundred and seventy-nine persons
only will be the depository of the safety, interest, and happiness of eight
millions that is to say, there will be one representative only to maintain the
rights and explain the situation of twenty-eight thousand six hundred and
seventy constitutents, in an assembly exposed to the whole force of
executive influence, and extending its authority to every object of legislation
within a nation whose affairs are in the highest degree diversified and
complicated. Yet it is very certain, not only that a valuable portion of freedom
has been preserved under all these circumstances, but that the defects in the
British code are chargeable, in a very small proportion, on the ignorance of the
legislature concerning the circumstances of the people. Allowing to this case
the weight which is due to it, and comparing it with that of the House of
Representatives as above explained it seems to give the fullest assurance, that
a representative for every thirty thousand inhabitants will render the
latter both a safe and competent guardian of the interests which will be
confided to it.
PUBLIUS
1. Burgh's Political Disquisitions.
E1. Two versions of this paragraph
appear in different editions.
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