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Federalist No. 55
The Total Number of the House of Representatives
From the New York Packet.
Friday, February 15, 1788.
Author: Alexander Hamilton or James Madison
To the People of the State of New York:
THE number of which the House of Representatives is to consist,
forms another and a very interesting point of view, under which
this branch of the federal legislature may be contemplated.
Scarce any article, indeed, in the whole Constitution seems
to be rendered more worthy of attention, by the weight of character
and the apparent force of argument with which it has been assailed.
The charges exhibited against it are, first, that so small
a number of representatives will be an unsafe depositary of the
public interests; secondly, that they will not possess a proper
knowledge of the local circumstances of their numerous constituents;
thirdly, that they will be taken from that class of citizens
which will sympathize least with the feelings of the mass of
the people, and be most likely to aim at a permanent elevation
of the few on the depression of the many; fourthly, that defective
as the number will be in the first instance, it will be more
and more disproportionate, by the increase of the people, and
the obstacles which will prevent a correspondent increase of
the representatives. In general it may be remarked on this subject,
that no political problem is less susceptible of a precise solution
than that which relates to the number most convenient for a representative
legislature; nor is there any point on which the policy of the
several States is more at variance, whether we compare their
legislative assemblies directly with each other, or consider
the proportions which they respectively bear to the number of
their constituents. Passing over the difference between the smallest
and largest States, as Delaware, whose most numerous branch consists
of twenty-one representatives, and Massachusetts, where it amounts
to between three and four hundred, a very considerable difference
is observable among States nearly equal in population. The number
of representatives in Pennsylvania is not more than one fifth
of that in the State last mentioned. New York, whose population
is to that of South Carolina as six to five, has little more
than one third of the number of representatives. As great a disparity
prevails between the States of Georgia and Delaware or Rhode
Island. In Pennsylvania, the representatives do not bear a greater
proportion to their constituents than of one for every four or
five thousand. In Rhode Island, they bear a proportion of at
least one for every thousand. And according to the constitution
of Georgia, the proportion may be carried to one to every ten
electors; and must unavoidably far exceed the proportion in any
of the other States. Another general remark to be made is, that
the ratio between the representatives and the people ought not
to be the same where the latter are very numerous as where they
are very few. Were the representatives in Virginia to be regulated
by the standard in Rhode Island, they would, at this time, amount
to between four and five hundred; and twenty or thirty years
hence, to a thousand. On the other hand, the ratio of Pennsylvania,
if applied to the State of Delaware, would reduce the representative
assembly of the latter to seven or eight members. Nothing can
be more fallacious than to found our political calculations on
arithmetical principles. Sixty or seventy men may be more properly
trusted with a given degree of power than six or seven. But it
does not follow that six or seven hundred would be proportionably
a better depositary. And if we carry on the supposition to six
or seven thousand, the whole reasoning ought to be reversed.
The truth is, that in all cases a certain number at least seems
to be necessary to secure the benefits of free consultation and
discussion, and to guard against too easy a combination for improper
purposes; as, on the other hand, the number ought at most to
be kept within a certain limit, in order to avoid the confusion
and intemperance of a multitude. In all very numerous assemblies,
of whatever character composed, passion never fails to wrest
the sceptre from reason.
Had every Athenian citizen been a Socrates, every Athenian
assembly would still have been a mob.
It is necessary also to recollect here the observations which
were applied to the case of biennial elections. For the same
reason that the limited powers of the Congress, and the control
of the State legislatures, justify less frequent elections than
the public safely might otherwise require, the members of the
Congress need be less numerous than if they possessed the whole
power of legislation, and were under no other than the ordinary
restraints of other legislative bodies. With these general ideas
in our mind, let us weigh the objections which have been stated
against the number of members proposed for the House of Representatives.
It is said, in the first place, that so small a number cannot
be safely trusted with so much power. The number of which this
branch of the legislature is to consist, at the outset of the
government, will be sixty five. Within three years a census is
to be taken, when the number may be augmented to one for every
thirty thousand inhabitants; and within every successive period
of ten years the census is to be renewed, and augmentations may
continue to be made under the above limitation. It will not be
thought an extravagant conjecture that the first census will,
at the rate of one for every thirty thousand, raise the number
of representatives to at least one hundred. Estimating the negroes
in the proportion of three fifths, it can scarcely be doubted
that the population of the United States will by that time, if
it does not already, amount to three millions. At the expiration
of twenty-five years, according to the computed rate of increase,
the number of representatives will amount to two hundred, and
of fifty years, to four hundred. This is a number which, I presume,
will put an end to all fears arising from the smallness of the
body. I take for granted here what I shall, in answering the
fourth objection, hereafter show, that the number of representatives
will be augmented from time to time in the manner provided by
the Constitution. On a contrary supposition, I should admit the
objection to have very great weight indeed. The true question
to be decided then is, whether the smallness of the number, as
a temporary regulation, be dangerous to the public liberty? Whether
sixty-five members for a few years, and a hundred or two hundred
for a few more, be a safe depositary for a limited and well-guarded
power of legislating for the United States? I must own that I
could not give a negative answer to this question, without first
obliterating every impression which I have received with regard
to the present genius of the people of America, the spirit which
actuates the State legislatures, and the principles which are
incorporated with the political character of every class of citizens
I am unable to conceive that the people of America, in their
present temper, or under any circumstances which can speedily
happen, will choose, and every second year repeat the choice
of, sixty-five or a hundred men who would be disposed to form
and pursue a scheme of tyranny or treachery. I am unable to conceive
that the State legislatures, which must feel so many motives
to watch, and which possess so many means of counteracting, the
federal legislature, would fail either to detect or to defeat
a conspiracy of the latter against the liberties of their common
constituents. I am equally unable to conceive that there are
at this time, or can be in any short time, in the United States,
any sixty-five or a hundred men capable of recommending themselves
to the choice of the people at large, who would either desire
or dare, within the short space of two years, to betray the solemn
trust committed to them. What change of circumstances, time,
and a fuller population of our country may produce, requires
a prophetic spirit to declare, which makes no part of my pretensions.
But judging from the circumstances now before us, and from the
probable state of them within a moderate period of time, I must
pronounce that the liberties of America cannot be unsafe in the
number of hands proposed by the federal Constitution. From what
quarter can the danger proceed? Are we afraid of foreign gold?
If foreign gold could so easily corrupt our federal rulers and
enable them to ensnare and betray their constituents, how has
it happened that we are at this time a free and independent nation?
The Congress which conducted us through the Revolution was a
less numerous body than their successors will be; they were not
chosen by, nor responsible to, their fellow citizens at large;
though appointed from year to year, and recallable at pleasure,
they were generally continued for three years, and prior to the
ratification of the federal articles, for a still longer term.
They held their consultations always under the veil of secrecy;
they had the sole transaction of our affairs with foreign nations;
through the whole course of the war they had the fate of their
country more in their hands than it is to be hoped will ever
be the case with our future representatives; and from the greatness
of the prize at stake, and the eagerness of the party which lost
it, it may well be supposed that the use of other means than
force would not have been scrupled. Yet we know by happy experience
that the public trust was not betrayed; nor has the purity of
our public councils in this particular ever suffered, even from
the whispers of calumny. Is the danger apprehended from the other
branches of the federal government?
But where are the means to be found by the President, or the
Senate, or both? Their emoluments of office, it is to be presumed,
will not, and without a previous corruption of the House of Representatives
cannot, more than suffice for very different purposes; their
private fortunes, as they must all be American citizens, cannot
possibly be sources of danger. The only means, then, which they
can possess, will be in the dispensation of appointments. Is
it here that suspicion rests her charge? Sometimes we are told
that this fund of corruption is to be exhausted by the President
in subduing the virtue of the Senate. Now, the fidelity of the
other House is to be the victim. The improbability of such a
mercenary and perfidious combination of the several members of
government, standing on as different foundations as republican
principles will well admit, and at the same time accountable
to the society over which they are placed, ought alone to quiet
this apprehension. But, fortunately, the Constitution has provided
a still further safeguard. The members of the Congress are rendered
ineligible to any civil offices that may be created, or of which
the emoluments may be increased, during the term of their election.
No offices therefore can be dealt out to the existing members
but such as may become vacant by ordinary casualties: and to
suppose that these would be sufficient to purchase the guardians
of the people, selected by the people themselves, is to renounce
every rule by which events ought to be calculated, and to substitute
an indiscriminate and unbounded jealousy, with which all reasoning
must be vain. The sincere friends of liberty, who give themselves
up to the extravagancies of this passion, are not aware of the
injury they do their own cause. As there is a degree of depravity
in mankind which requires a certain degree of circumspection
and distrust, so there are other qualities in human nature which
justify a certain portion of esteem and confidence. Republican
government presupposes the existence of these qualities in a
higher degree than any other form. Were the pictures which have
been drawn by the political jealousy of some among us faithful
likenesses of the human character, the inference would be, that
there is not sufficient virtue among men for self-government;
and that nothing less than the chains of despotism can restrain
them from destroying and devouring one another.
PUBLIUS.
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