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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
From the New York Packet.
Tuesday, February 19, 1788.
Author: Alexander Hamilton or 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.
Federalist No. 58 -->
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