Antifederalist No. 56
WILL THE HOUSE OF REPRESENTATIVES BE GENUINELY REPRESENTATIVE?
(PART 2)
. . . . Why in England have the revolutions always ended in
stipulations in favor of general liberty, equal laws, and the
common rights of the people, and in most other countries in favor
only of a few influential men? The reasons, in my mind, are
obvious. In England the people have been substantially
represented in many respects; in the other countries it has not
been so. Perhaps a small degree of attention to a few simple
facts will illustrate this. In England, from the oppressions of
the Norman Kings to the revolution in 1688, during which period
of two or three hundred years, the English liberties were
ascertained and established, the aristocratic part of that nation
was substantially represented by a very large number of nobles,
possessing similar interests and feelings with those they
represented. The body of the people, about four or five
millions, then mostly a frugal landed people, were represented by
about five hundred representatives, taken not from the order of
men which formed the aristocracy, but from the body of the
people, and possessed of the same interests and feelings. De
Lolme, speaking of the British representation, expressly founds
all his reasons on this union; this similitude of interests,
feelings, views and circumstances. He observes the English have
preserved their liberties, because they and their leaders or
representatives have been strictly united in interests, and in
contending for general liberty. Here we see a genuine balance
founded in the actual state of things. The whole community,
probably, not more than two-fifths more numerous than we now are,
were represented by seven or eight hundred men; the barons
stipulated with the common people, and the king with the whole.
Had the legal distinction between lords and commons been broken
down, and the people of that island been called upon to elect
forty-five senators, and one hundred and twenty representatives,
about the proportion we propose to establish, their whole
legislature evidently would have been of the natural aristocracy,
and the body of the people would not have had scarcely a single
sincere advocate. Their interests would have been neglected,
general and equal liberty forgot, and the balance lost. Contests
and conciliations, as in most other countries, would have been
merely among the few, and as it might have been necessary to
serve their purposes, the people at large would have been
flattered or threatened, and probably not a single stipulation
made in their favor. In Rome the people were miserable, though
they bad three orders, the consuls, senators, and tribunes, and
approved the laws, and all for want of a genuine representation.
The people were too numerous to assemble, and do any thing
properly themselves. The voice of a few, the dupes of artifice,
was called the voice of the people. It is difficult for the
people to defend themselves against the arts and intrigues of the
great, but by selecting a suitable number of men fixed to their
interests to represent them, and to oppose ministers and
senators. . . . [Much] depends on the number of the men selected,
and the manner of doing it. To be convinced of this, we need
only attend to the reason of the case, the conduct of the British
commons, and of the Roman tribunes. Equal liberty prevails in
England, because there was a representation of the people, in
fact and reality, to establish it. Equal liberty never prevailed
in Rome because there was but the shadow of a representation.
There were consuls in Rome annually elected to execute the laws;
several hundred senators represented the great families; the body
of the people annually chose tribunes from among themselves to
defend them and to secure their rights; I think the number of
tribunes annually chosen never exceeded ten. This
representation, perhaps, was not proportionally so numerous as
the representation proposed in the new plan; but the difference
will not appear to be so great, when it shall be recollected,
that these tribunes were chosen annually, that the great
patrician families were not admitted to these offices of
tribunes, and that the people of Italy who elected the tribunes
were a long while, if not always, a small people compared with
the people of the United States. What was the consequence of this
trifling representation? The people of Rome always elected for
their tribunes men conspicuous for their riches, military
commands, professional popularity, etc., great commoners, between
whom and the noble families there was only the shadowy difference
of legal distinction. Among all the tribunes the people chose
for several centuries, they had scarcely five real friends to
their interests. These tribunes lived, felt and saw, not like the
people, but like the great patrician families, like senators and
great officers of state, to get into which it was evident by
their conduct, was their sole object. These tribunes often
talked about the rights and prerogatives of the people, and that
was all; for they never even attempted to establish equal
liberty. So far from establishing the rights of the people, they
suffered the senate, to the exclusion of the people, to engross
the powers of taxation; those excellent and almost only real
weapons of defense even the people of England possess. The
tribunes obtained that the people should be eligible to some of
the great offices of state, and marry, if they pleased, into the
noble families; these were advantages in their nature, confined
to a few elevated commoners, and of trifling importance to the
people at large. Nearly the same observations may be made as to
the ephori of Sparta.
We may amuse ourselves with names; but the fact is, men will
be governed by the motives and temptations that surround their
situation. Political evils to be guarded against are in the
human character, and not in the name of patrician or plebeian.
Had the people of Italy, in the early period of the republic,
selected yearly or biennially, four or five hundred of their best
informed men, emphatically from among themselves, these
representatives would have formed an honest respectable assembly,
capable of combining in them the views and exertions of the
people and their respectability would have procured them honest
and able leaders, and we should have seen equal liberty
established. True liberty stands in need of a fostering band,-
from the days of Adam she has found but one temple to dwell in
securely. She has laid the foundation of one, perhaps her last
in America; whether this is to be completed and have duration, is
yet a question. Equal liberty never yet found many advocates
among the great. It is a disagreeable truth that power perverts
men's views in a greater degree than public employments inform
their understandings. They become hardened in certain maxims,
and more lost to fellow feelings. Men may always be too cautious
to commit alarming and glaring iniquities; but they, as well as
systems, are liable to be corrupted by slow degrees. Junius well
observes, we are not only to guard against what men will do, but
even against what they may do. Men in high public offices are in
stations where they gradually lose sight of the people, and do
not often think of attending to them, except when necessary to
answer private purposes.
The body of the people must have this true representative
security placed some where in the nation. And in the United
States, or in any extended empire, I am fully persuaded [it] can
be placed no where, but in the forms of a federal republic, where
we can divide and place it in several state or district
legislatures, giving the people in these the means of opposing
heavy internal taxes and oppressive measures in the proper
stages. A great empire contains the amities and animosities of a
world within itself. We are not like the people of England, one
people compactly settled on a small island, with a great city
filled with frugal merchants, serving as a common centre of
liberty and union. We are dispersed, and it is impracticable for
any but the few to assemble in one place. The few must be
watched, checked, and often resisted. Tyranny has ever shown a
predilection to be in close amity with them, or the one man.
Drive it from kings and it flies to senators, to decemviri, to
dictators, to tribunes, to popular leaders, to military chiefs,
etc.
De Lolme well observes, that in societies, laws which were
to be equal to all are soon warped to the private interests of
the administrators, and made to defend the usurpations of a few.
The English, who had tasted the sweets of equal laws, were aware
of this, and though they restored their king, they carefully
delegated to parliament the advocates of freedom.
I have often lately heard it observed that it will do very
well for a people to make a constitution and ordain that at
stated periods they will choose, in a certain manner, a first
magistrate, a given number of senators and representatives, and
let them have all power to do as they please. This doctrine,
however it may do for a small republic-as Connecticut, for
instance, where the people may choose so many senators and
representatives to assemble in the legislature, [representing] in
an eminent degree, the interests, the views, feelings, and
genuine sentiments of the people themselves - can never be
admitted in an extensive country. And when this power is lodged
in the hands of a few, not to limit the few is but one step short
of giving absolute power to one man. In a numerous
representation the abuse of power is a common injury, and has no
temptation; among the few, the abuse of power may often operate
to the private emolument of those who abuse it.
THE FEDERAL FARMER