Antifederalist No. 51
DO CHECKS AND BALANCES REALLY SECURE THE RIGHTS OF THE PEOPLE?
This satire is from a pamphlet of "ARISTOCROTIS," The
Government of Nature Delineated; Or An Exact Picture of the New
Federal Constitution (Carlisle, PA, 1788)
The present is an active period. Europe is in a ferment
breaking their constitutions; America is in a similar state,
making a constitution. For this valuable purpose a convention
was appointed, consisting of such as excelled in wisdom and
knowledge, who met in Philadelphia last May. For my own part, I
was so smitten with the character of the members, that I had
assented to their production, while it was yet in embryo. And I
make no doubt but every good republican did so too. But how great
was my surprise, when it appeared with such a venerable train of
names annexed to its tail, to find some of the people under
different signatures-such as Centinel, Old Whig, Brutus, etc. -
daring to oppose it, and that too with barefaced arguments,
obstinate reason and stubborn truth. This is certainly a piece
of the most extravagant impudence to presume to contradict the
collected wisdom of the United States; or to suppose a body, who
engrossed the whole wisdom of the continent, was capable of
erring. I expected the superior character of the convention
would have secured it from profane sallies of a plebeian's pen;
and its inherent infallibility debarred the interference of
impertinent reason or truth. It was too great an act of
condescension to permit the people, by their state conventions,
"to assent and ratify," what the grand convention prescribed to
them; but to inquire into its principles, or investigate its
properties, was a presumption too daring to escape resentment.
Such licentious conduct practised by the people, is a striking
proof of our feeble governments, and calls aloud for the pruning
knife, i.e., the establishment of some proper plan of discipline.
This the convention, in the depth of their united wisdom hath
prescribed, which when established, will certainly put a stop to
the growing evil. A consciousness of this, is, no doubt, the
cause which stimulates the people to oppose it with so much
vehemence. They deprecate the idea of being confined within
their proper sphere; they cannot endure the thought of being
obliged to mind their own business, and leave the affairs of
government to those whom nature hath destined to rule. I say
nature, for it is a fundamental principle, as clear as an axiom,
that nature hath placed proper degrees and subordinations amongst
mankind and ordained a few(1) to rule, and many to obey. I am
not obliged to prove this principle because it would be madness
in the extreme to attempt to prove a self-evident truth.
(1) If any person is so stupidly dull as not to discern who these
few are, I would refer such to nature herself for information.
Let them observe her ways and be wise. Let them mark those men
whom she hath endued with the necessary qualifications of
authority; such as the dictatorial air, the magisterial voice,
the imperious tone, the haughty countenance, the lofty look, the
majestic mien. Let them consider those whom she hath taught to
command with authority, but comply with disgust; to be fond of
sway, but impatient of control; to consider themselves as Gods,
and all the rest of mankind as two legged brutes. Now it is
evident that the possessors of these divine qualities must have
been ordained by nature to dominion and empire; for it would be
blasphemy against her supreme highness to suppose that she
confers her gifts in vain. Fortune hath also distinguished those
upon whom nature hath imprinted the lineaments of authority. She
hath heaped her favors and lavished her gifts upon those very
persons whom nature delighteth to honor. Indeed, instinct hath
taught those men that authority is their natural right, and
therefore they grasp at it with an eagerness bordering on
rapacity.
But with all due submission to the infallible wisdom of the
grand convention, let me presume to examine whether they have
not, in the new plan of government, inviolably adhered to this
supreme principle. . . .
In article first, section first, of the new plan, it is
declared that "all legislative powers herein granted shall be
vested in a Congress of the United States which shall consist of
a Senate"-very right, quite agreeable to nature and House of
Representatives"-not quite so right. This is a palpable
compliance with the humors and corrupt practices of the times.
But what follows in section 2 is still worse: "The House of
Representatives shall be composed of members chosen every second
year by the people of the several states." This is a most
dangerous power, and must soon produce fatal and pernicious
consequences, were it not circumscribed and poised by proper
checks and balances. But in this is displayed the unparalleled
sagacity of the august convention: that when such bulwarks of
prejudice surrounded the evil, so as to render it both difficult
and dangerous to attack it by assault and storm, they have
invested and barricaded it so closely as will certainly deprive
it of its baneful influence and prevent its usual encroachments.
They have likewise stationed their miners and sappers so
judiciously, that they will certainly, in process of time,
entirely reduce and demolish this obnoxious practice of popular
election. There is a small thrust given to it in the body of the
conveyance itself. The term of holding elections is every two
years; this is much better than the detestable mode of annual
elections, so fatal to energy. However, if nothing more than
this were done, it would still remain an insupportable
inconvenience. But in section 4 it is provided that congress by
law may alter and make such regulations with respect to the
times, places, and manner of holding elections, as to them
seemeth fit and proper. This is certainly a very salutary
provision, most excellently adapted to counterbalance the great
and apparently dangerous concessions made to the plebeians in the
first and second sections. With such a prudent restriction as
this they are quite harmless: no evil can arise from them if
congress have only the sagacity and fortitude to avail themselves
of the power they possess by this section. For when the stated
term (for which the primary members was elected) is nigh expired,
congress may appoint [the] next election to be held in one place
in each state; and so as not to give the rabble needless disgust,
they may appoint the most central place for that purpose. They
can never be at a loss for an ostensible reason to vary and shift
from place to place until they may fix it at any extremity of the
state it suits. This will be the business of the senate, to
observe the particular places in each state, where their
influence is most extensive, and where the inhabitants are most
obsequious to the will of their superiors, and there appoint the
elections to be held. By this means, such members will be
returned to the house of representatives (as it is called) as the
president and senate shall be pleased to recommend; and they no
doubt will recommend such gentlemen only as are distinguished by
some peculiar federal feature-so that unanimity and concord will
shine conspicuous through every branch of government. This
section is ingeniously calculated, and must have been intended by
the convention, to exterminate electioneering entirely. For by
putting the time of election in the hands of congress they have
thereby given them a power to perpetuate themselves when they
shall find it safe and convenient to make the experiment. For
though a preceding clause says, "that representatives shall be
chosen for two years, and senators for six years," yet this
clause being subsequent annuls the former, and puts it in the
power of congress, (when some favorable juncture intervenes) to
alter the time to four and twelve years. This cannot be deemed
an unconstitutional stretch of power, for the constitution in
express terms puts the time of holding elections in their power,
and certainly they are the proper judges when to exert that
power. Thus by doubling the period from time to time, its extent
will soon be rendered coeval with the life of man. And it is but
a very short and easy transition from this to hereditary
succession, which is most agreeable to the institutions of
nature, who in all her works, hath ordained the descendant of
every species of beings to succeed its immediate progenitor, in
the same actions, ends and order.
The indefatigable laborious ass never aspires to the honors,
nor assumes the employment of the sprightly warlike steed, nor
does he ever pretend that it is his right to succeed him in all
his offices and dignities, because he bears some resemblance to
the defunct in his figure and nature. The llama, though useful
enough for the purposes for which he was intended by nature, is
every way incompetent to perform the offices of the elephant; nor
does he ever pretend to usurp his elevated station. Every species
of beings, animate and inanimate, seem fully satisfied with the
station assigned them by nature. But perverse, obstinate man, he
alone spurns at her institutions, and inverts her order.' He
alone repines at his situation, and endeavors to usurp the
station of his superiors. But this digression has led me from
the subject in hand. . . .
(2) This is only to be understood of the inferior class of
mankind. The superior order have aspiring feelings given them by
nature, such as ambition, emulation, etc., which makes it their
duty to persevere in the pursuit of gratifying these refined
passions.
The next object that presents itself is the power which the
new constitution gives to congress to regulate the manner of
elections. The common practice of voting at present is by ballot.
By this mode it is impossible for a gentleman to know how he is
served by his dependent, who may be possessed of a vote.
Therefore this mode must be speedily altered for that viva voce,
which will secure to a rich man all the votes of his numerous
dependents and friends and their dependents. By this means he may
command any office in the gift of the people, which he pleases to
set up for. This will answer a good end while electioneering
exists; and will likewise contribute something towards its
destruction. A government founded agreeable to nature must be
entirely independent; that is, it must be beyond the reach of
annoyance or control from every power on earth, Now in order to
render it thus, several things are necessary.
1st. The means of their own support must be within the
immediate reach of the rulers. For this purpose they must
possess the sole power of taxation. As this is a principal
article, it ought, in all things to have preeminence; and
therefore the convention has placed it in front. "The congress
shall have power to lay and collect taxes, duties, imposts and
excises," so that they shall never be at a loss for money while
there is a shilling on the continent, for their power to procure
it is as extensive as their desires; and so it ought, because
they can never desire any thing but is good and salutary. For
there is no doubt but the convention will transfer their
infallibility to the new congress, and so secure them from doing
evil. This power of taxation will answer many valuable purposes,
besides the support of government. In the first place, in the
course of its operation, it will annihilate the relies of the
several state legislators. For every tax which they may lay,
will be deemed by congress an infringement upon the federal
constitution, which constitution and the laws of congress being
paramount to all other authority, will of consequence nullify
every inferior law which the several states may think proper to
enact, particularly such as relate to taxes; so that they being
deprived of the means of existence, their pretended sovereignties
will gradually finger away.
2dly. It will create and diffuse a spirit of industry among
the people. They will then be obliged to labor for money to pay
their taxes. There will be no trifling from time to time, as is
done now. The new government will have energy sufficient to
compel immediate payment.
3dly. This will make the people attend to their own
business, and not be dabbling in politics -things they are
entirely ignorant of; nor is it proper they should understand.
But it is very probable that the exercise of this power may be
opposed by the refractory plebeians, who (such is the
perverseness of their natures) often refuse to comply with what
is manifestly for their advantage. But to prevent all
inconvenience from this quarter the congress have power to raise
and support armies. This is the second thing necessary to render
government independent. The creatures who compose these armies
are a species of animals, wholly at the disposal of government;
what others call their natural rights they resign into the hands
of their superiors-even the right of self-preservation (so
precious to all other beings) they entirely surrender, and put
their very lives in the power of their masters. Having no rights
of their own to care for, they become naturally jealous and
envious of those possessed by others. They are therefore proper
instruments in the hands of government to divest the people of
their usurped rights. But the capital business of these armies
will be to assist the collectors of taxes, imposts, and excise,
in raising the revenue; and this they will perform with the
greatest alacrity, as it is by this they are supported; but for
this they would be in a great measure useless; and without this
they could not exist. . . .
From these remarks, I think it is evident, that the grand
convention hath dexterously provided for the removal of every
thing that hath ever operated as a restraint upon government in
any place or age of the world. But perhaps some weak heads may
think that the constitution itself will be a check upon the new
congress. But this I deny, for the convention has so happily
worded themselves, that every part of this constitution either
bears double meaning, or no meaning at all; and if any
concessions are made to the people in one place, it is
effectually cancelled in another-so that in fact this
constitution is much better and gives more scope to the rulers
than they durst safely take if there was no constitution at all.
For then the people might contend that the power was inherent in
them, and that they had made some implied reserves in the
original grant. But now they cannot, for every thing is
expressly given away to government in this plan. Perhaps some
people may think that power which the house of representatives
possesses, of impeaching the officers of government, will be a
restraint upon them. But this entirely vanishes, when it is
considered that the senate hath the principal say in appointing
these officers, and that they are the sole judges of all
impeachments. Now it would be absurd to suppose that they would
remove their own servants for performing their secret orders. . .
. For the interest of rulers and the ruled will then be two
distinct things. The mode of electing the president is another
excellent regulation, most wisely calculated to render him the
obsequious machine of congress. He is to be chosen by electors
appointed in such manner as the state legislators shall direct.
But then the highest in votes cannot be president, without he has
the majority of all the electors; and if none have this majority,
then the congress is to choose the president out of the five
highest on the return. By this means the congress will always
have the making of the president after the first election. So
that if the reigning president pleases his masters, he need be
under no apprehensions of being turned out for any severities
used to the people, for though the congress may not have
influence enough to procure him the majority of the votes of the
electoral college, yet they will always be able to prevent any
other from having such a majority; and to have him returned among
the five highest, so that they may have the appointing of him
themselves. All these wise regulations, prove to a demonstration,
that the grand convention was infallible. The congress having
thus disentangled themselves from all popular checks and choices,
and being supported by a well disciplined army and active
militia, will certainly command dread and respect abroad,
obedience and submission at home. They will then look down with
awful dignity and tremendous majesty from the pinnacle of glory
to which fortune has raised them upon the insignificant
creatures, their subjects, whom they have reduced to that state
of vassalage and servile submission, for which they were
primarily destined by nature. America will then be great amongst
the nations(3) and princess amongst the provinces. Her fleets
will cover the deserts of the ocean and convert it into a popular
city; and her invincible armies overturn the thrones of princes.
The glory of Britain (4) shall fall like lightning before her
puissant arm; when she ariseth to shake the nations, and take
vengeance on all who dare oppose her. O! thou most venerable and
august congress! with what astonishing ideas my mind is ravished!
when I contemplate thy rising grandeur, and anticipate thy future
glory! Happy thy servants! happy thy vassals! and happy thy
slaves, which fit under the shade of thy omnipotent authority,
and behold the glory of thy majesty! for such a state who would
not part with ideal blessings of liberty? who would not
cheerfully resign the nominal advantages of freedom? the dazzling
splendor of Assyrian, Persian, Macedonian and Roman greatness
will then be totally eclipsed by the radiant blaze of this
glorious western luminary! These beautiful expressions,
aristocracy, and oligarchy, upon which the popular odium hath
fixed derision and contempt, will then resume their natural
emphasis; their genuine signification will be perfectly
understood, and no more perverted or abused.
ARISTOCROTIS
(3) That is, if we may credit the prognostications with which our
federal news-papers and pamphlets daily teem. (4) Britain once
the supreme ruler of this country, but her authority was
rejected. Not, as a great many believe, because her claims were
tyrannical and oppressive, but because her dominion excluded
those from monopolizing the government into their own hands, whom
nature had qualified to rule. It is certainly no more than the
natural right of rulers "to bind their subjects, in all cases
whatsoever." This power is perfectly synonymous with that clause
in the constitution which invests congress with power to make all
laws which shall be "necessary and proper for carrying into
execution the foregoing powers and all other powers," etc., and
that which says "the constitution, laws, and treaties of congress
shall be the supreme law of the land; any thing in the
constitutions or laws of any of the states to the contrary
notwithstanding." But nothing less would satisfy Britain, than a
power to bind the natural rulers as well as subjects.