Antifederalist No. 53
A PLEA FOR THE RIGHT OF RECALL
"AMICUS" appeared in the Columbian Herald, August 28, 1788.
Some time before a Convention of the United States was held,
I mentioned in a paragraph which was published in one of the
Charlestown papers, that it would be acting wisely in the
formation of a constitution for a free government, to enact, that
the electors should recall their representatives when they
thought proper, although they should be chosen for a certain term
of years; as a right to appoint (where the right of appointing
originates with the appointees) implies a right to recall. As
the persons appointed are meant to act for the benefit of the
appointees, as well as themselves, they, if they mean to act for
their mutual benefit, can have no objection to a proposal of this
kind. But if they have any sinister designs, they will certainly
oppose it, foreseeing that their electors will displace them as
soon as they begin to act contrary to their interest. I am
therefore glad to find that the state of New York has proposed an
amendment of this kind to the federal constitution, viz: That the
legislatures of the respective states may recall their senators,
or either of them, and elect others in their stead, to serve the
remainder of the time for which the senators so recalled were
appointed. I wish this had been extended to the representatives
in both houses, as it is as prudent to have a check over the
members of one house as of the other.
Some persons as object to this amendment, in fact say, that
it is safer to give a man an irrevocable power of attorney, than
a revocable one; and that it is right to let a representative
ruin us, rather than recall him and put a real friend of his
country, and a truly honest man in his place, who would rather
suffer ten thousand deaths than injure his country, or sully his
honor and reputation. Such persons seem to say, that power ought
not to originate with the people (which is the wish, I fear, of
some among us); and also that we are not safe in trusting our own
legislature with the power of recalling such senators as will not
abide by such instructions - as shall be either given them, when
chosen, or sent to them afterwards, by the legislature of this or
any other state, or by the electors that chose them, although
they should have met together in a body for the purpose of
instructing or sending them instructions on a matter on which the
salvation of the state depends. That we should insist on the
amendment respecting this matter taking place, which the state of
New York has proposed, appears to me to be absolutely necessary,
the security of each state may be almost said to rest on it. For
my own part, I would rather that this amendment should take place
and give the new government unlimited powers to act for the
public good, than give them limited powers, and at the same time
put it out of our power, for a certain term of years, to recall
our representatives, although we saw they were exceeding their
powers, and were bent on making us miserable and themselves, by
means of a standing army-a perpetual and absolute government.
For power is a very intoxicating thing, and has made many a man
do unwarrantable actions, which before he was invested with it,
he had no thoughts of doing. I hope by what I have said I shall
not be thought to cast even the shadow of a reflection on the
principles of either of the members of the federal convention-it
is far from being my intention. I wish for nothing more than a
good government and a constitution under which our liberties will
be perfectly safe. To preserve which, I think the wisest conduct
will be to keep the staff of power in our own hands as much as
possible, and not wantonly and inconsiderately give up a greater
share of our liberties with a view of contributing to the public
good, than what the necessity of the case requires.
For our own sakes we shall keep in power those persons whose
conduct pleases us as long as we can, and shall perhaps sometimes
wish (when we meet with a person of an extra worthy character and
abilities) that we could keep him in power for life. On the other
hand, we shall dismiss from our employ as soon as possible, such
persons as do not consult our interest and will not follow our
instructions. For there are, I fear, a few persons among us, so
wise in their own eyes, that they would if they could, pursue
their own will and inclinations, in opposition to the
instructions of their constituents. In so doing, they may
perhaps, once in a hundred times, act for the interest of those
they represent, more than if they followed the instructions given
them. But I wish that we would never suffer any person to
continue our representative that obeyed not our instructions,
unless something unforeseen and unknown by us turned up, which he
knew would alter our sentiments, if we were made acquainted with
it; and which would make his complying with our will highly
imprudent. In every government matter, on which our
representatives were not instructed, we should leave them to act
agreeable to their own judgment; on which account we should
always choose men of integrity, honor and abilities to represent
us. But when we did instruct them, as they are our
representatives and agents, we should insist on their acting and
voting conformable to our directions. But as they would each of
them be a member of the community, they should have a right to
deliver to the houses of representatives of which they were
members, their own private sentiments so that if their private
sentiments contained cogent reasons for acting contrary to the
instructions given them-the other members of said houses who
would not be bound by said instructions, would be guided by them;
in which case, that would take place which would be most for the
public good, which ought to be the wish of all of us.
AMICUS