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The Federalist No. 57
The Alleged Tendency of the New Plan to Elevate the Few at the Expense of
the Many Considered in Connection with Representation
New York Packet
Tuesday, February 19, 1788
[James Madison]
To the People of the State of New York:
THE third
charge against the House of Representatives is, that it will be taken from that
class of citizens which will have least sympathy with the mass of the people,
and be most likely to aim at an ambitious sacrifice of the many to the
aggrandizement of the few.
Of all the objections which have been framed against the
federal Constitution, this is perhaps the most extraordinary. Whilst the
objection itself is levelled against a pretended oligarchy, the principle of it
strikes at the very root of republican government.
The aim of every political constitution is, or ought to
be, first to obtain for rulers men who possess most wisdom to discern, and most
virtue to pursue, the common good of the society; and in the next place, to take
the most effectual precautions for keeping them virtuous whilst they continue to
hold their public trust. The elective mode of obtaining rulers is the
characteristic policy of republican government. The means relied on in this form
of government for preventing their degeneracy are numerous and various. The most
effectual one, is such a limitation of the term of appointments as will maintain
a proper responsibility to the people.
Let me now ask what circumstance there is in the
constitution of the House of Representatives that violates the principles of
republican government, or favors the elevation of the few on the ruins of the
many? Let me ask whether every circumstance is not, on the contrary, strictly
conformable to these principles, and scrupulously impartial to the rights and
pretensions of every class and description of citizens?
Who are to be the electors of the federal representatives?
Not the rich, more than the poor; not the learned, more than the ignorant; not
the haughty heirs of distinguished names, more than the humble sons of obscurity
and unpropitious fortune. The electors are to be the great body of the people of
the United States. They are to be the same who exercise the right in every State
of electing the corresponding branch of the legislature of the State.
Who are to be the objects of popular choice? Every citizen
whose merit may recommend him to the esteem and confidence of his country. No
qualification of wealth, of birth, of religious faith, or of civil profession is
permitted to fetter the judgement or disappoint the inclination of the people.
If we consider the situation of the men on whom the free
suffrages of their fellow-citizens may confer the representative trust, we shall
find it involving every security which can be devised or desired for their
fidelity to their constituents.
In the first place, as they will have been distinguished
by the preference of their fellow-citizens, we are to presume that in general
they will be somewhat distinguished also by those qualities which entitle them
to it, and which promise a sincere and scrupulous regard to the nature of their
engagements.
In the second place, they will enter into the public
service under circumstances which cannot fail to produce a temporary affection
at least to their constituents. There is in every breast a sensibility to marks
of honor, of favor, of esteem, and of confidence, which, apart from all
considerations of interest, is some pledge for grateful and benevolent returns.
Ingratitude is a common topic of declamation against human nature; and it must
be confessed that instances of it are but too frequent and flagrant, both in
public and in private life. But the universal and extreme indignation which it
inspires is itself a proof of the energy and prevalence of the contrary
sentiment.
In the third place, those ties which bind the
representative to his constituents are strengthened by motives of a more selfish
nature. His pride and vanity attach him to a form of government which favors his
pretensions and gives him a share in its honors and distinctions. Whatever hopes
or projects might be entertained by a few aspiring characters, it must generally
happen that a great proportion of the men deriving their advancement from their
influence with the people, would have more to hope from a preservation of the
favor, than from innovations in the government subversive of the authority of
the people.
All these securities, however, would be found very
insufficient without the restraint of frequent elections. Hence, in the fourth
place, the House of Representatives is so constituted as to support in the
members an habitual recollection of their dependence on the people. Before the
sentiments impressed on their minds by the mode of their elevation can be
effaced by the exercise of power, they will be compelled to anticipate the
moment when their power is to cease, when their exercise of it is to be
reviewed, and when they must descend to the level from which they were raised;
there forever to remain unless a faithful discharge of their trust shall have
established their title to a renewal of it.
I will add, as a fifth circumstance in the situation of
the House of Representatives, restraining them from oppressive measures, that
they can make no law which will not have its full operation on themselves and
their friends, as well as on the great mass of the society. This has always been
deemed one of the strongest bonds by which human policy can connect the rulers
and the people together. It creates between them that communion of interests and
sympathy of sentiments, of which few governments have furnished examples; but
without which every government degenerates into tyranny. If it be asked, what is
to restrain the House of Representatives from making legal discriminations in
favor of themselves and a particular class of the society? I answer: the genius
of the whole system; the nature of just and constitutional laws; and above all,
the vigilant and manly spirit which actuates the people of America -- a spirit
which nourishes freedom, and in return is nourished by it.
If this spirit shall ever be so far debased as to
tolerate a law not obligatory on the legislature, as well as on the people, the
people will be prepared to tolerate any thing but liberty.
Such will be the relation between the House of
Representatives and their constituents. Duty, gratitude, interest, ambition
itself, are the chords by which they will be bound to fidelity and sympathy with
the great mass of the people. It is possible that these may all be insufficient
to control the caprice and wickedness of man. But are they not all that
government will admit, and that human prudence can devise? Are they not the
genuine and the characteristic means by which republican government provides for
the liberty and happiness of the people? Are they not the identical means on
which every State government in the Union relies for the attainment of these
important ends? What then are we to understand by the objection which this paper
has combated? What are we to say to the men who profess the most flaming zeal
for republican government, yet boldly impeach the fundamental principle of it;
who pretend to be champions for the right and the capacity of the people to
choose their own rulers, yet maintain that they will prefer those only who will
immediately and infallibly betray the trust committed to them?
Were the objection to be read by one who had not seen the
mode prescribed by the Constitution for the choice of representatives, he could
suppose nothing less than that some unreasonable qualification of property was
annexed to the right of suffrage; or that the right of eligibility was limited
to persons of particular families or fortunes; or at least that the mode
prescribed by the State constitutions was in some respect or other, very grossly
departed from. We have seen how far such a supposition would err, as to the two
first points. Nor would it, in fact, be less erroneous as to the last. The only
difference discoverable between the two cases is, that each representative of
the United States will be elected by five or six thousand citizens; whilst in
the individual States, the election of a representative is left to about as many
hundreds. Will it be pretended that this difference is sufficient to justify an
attachment to the State governments, and an abhorrence to the federal
government? If this be the point on which the objection turns, it deserves to be
examined.
Is it supported by reason? This cannot be said,
without maintaining that five or six thousand citizens are less capable of
choosing a fit representative, or more liable to be corrupted by an unfit one,
than five or six hundred. Reason, on the contrary, assures us, that as in so
great a number a fit representative would be most likely to be found, so the
choice would be less likely to be diverted from him by the intrigues of the
ambitious or the ambitious or the bribes of the rich.
Is the consequence from this doctrine admissible?
If we say that five or six hundred citizens are as many as can jointly exercise
their right of suffrage, must we not deprive the people of the immediate choice
of their public servants, in every instance where the administration of the
government does not require as many of them as will amount to one for that
number of citizens?
Is the doctrine warranted by facts? It was shown
in the last paper, that the real representation in the British House of Commons
very little exceeds the proportion of one for every thirty thousand inhabitants.
Besides a variety of powerful causes not existing here, and which favor in that
country the pretensions of rank and wealth, no person is eligible as a
representative of a county, unless he possess real estate of the clear value of
six hundred pounds sterling per year; nor of a city or borough, unless he
possess a like estate of half that annual value. To this qualification on the
part of the county representatives is added another on the part of the county
electors, which restrains the right of suffrage to persons having a freehold
estate of the annual value of more than twenty pounds sterling, according to the
present rate of money. Notwithstanding these unfavorable circumstances, and
notwithstanding some very unequal laws in the British code, it cannot be said
that the representatives of the nation have elevated the few on the ruins of the
many.
But we need not resort to foreign experience on this
subject. Our own is explicit and decisive. The districts in New Hampshire in
which the senators are chosen immediately by the people, are nearly as large as
will be necessary for her representatives in the Congress. Those of
Massachusetts are larger than will be necessary for that purpose; and those of
New York still more so. In the last State the members of Assembly for the cities
and counties of New York and Albany are elected by very nearly as many voters as
will be entitled to a representative in the Congress, calculating on the number
of sixty-five representatives only. It makes no difference that in these
senatorial districts and counties a number of representatives are voted for by
each elector at the same time. If the same electors at the same time are capable
of choosing four or five representatives, they cannot be incapable of choosing
one. Pennsylvania is an additional example. Some of her counties, which elect
her State representatives, are almost as large as her districts will be by which
her federal representatives will be elected. The city of Philadelphia is
supposed to contain between fifty and sixty thousand souls. It will therefore
form nearly two districts for the choice of federal representatives. It forms,
however, but one county, in which every elector votes for each of its
representatives in the State legislature. And what may appear to be still more
directly to our purpose, the whole city actually elects a single member
for the executive council. This is the case in all the other counties of the
State.
Are not these facts the most satisfactory proofs of the
fallacy which has been employed against the branch of the federal government
under consideration? Has it appeared on trial that the senators of New
Hampshire, Massachusetts, and New York, or the executive council of
Pennsylvania, or the members of the Assembly in the two last States, have
betrayed any peculiar disposition to sacrifice the many to the few, or are in
any respect less worthy of their places than the representatives and magistrates
appointed in other States by very small divisions of the people?
But there are cases of a stronger complexion than any
which I have yet quoted. One branch of the legislature of Connecticut is so
constituted that each member of it is elected by the whole State. So is the
governor of that State, of Massachusetts, and of this State, and the president
of New Hampshire. I leave every man to decide whether the result of any one of
these experiments can be said to countenance a suspicion, that a diffusive mode
of choosing representatives of the people tends to elevate traitors and to
undermine the public liberty.
PUBLIUS
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