Antifederalist No. 57
WILL THE HOUSE OF REPRESENTATIVES BE GENUINELY REPRESENTATIVE?
(PART 3)
. . . . But "the people must elect good men." Examine the
system-is it practicable for them to elect fit and proper
representatives where the number is so small? "But the people
may choose whom they please." This is an observation, I believe,
made without due attention to facts and the state of the
community, To explain my meaning, I will consider the
descriptions of men commonly presented to the people as
candidates for the offices of representatives. We may rank them
in three classes.
1. The men who form the natural aristocracy, as before
defined.
2. Popular demagogues-these men also are often politically
elevated, so as to be seen by the people through the extent of
large districts; they often have some abilities, fare] without
principle, and rise into notice by their noise and arts.
3. The substantial and respectable part of the democracy-
they are a numerous and valuable set of men, who discern and
judge well, but from being generally silent in public assemblies
are often overlooked. They are the most substantial and best
informed men in the several towns, who occasionally fill the
middle grades of offices, etc., who hold not a splendid, but
respectable rank in private concerns. These men are extensively
diffused through all the counties, towns and small districts in
the union; even they, and their immediate connections, are raised
above the majority of the people, and as representatives are only
brought to a level with a more numerous part of the community,
the middle orders, and a degree nearer the mass of the people.
Hence it is, that the best practical representation, even in a
small state, must be several degrees more aristocratical than the
body of the people. A representation so formed as to admit but
few or none of the third class, is in my opinion, not deserving
of the name. Even in armies, courts-martial are so formed as to
admit subaltern officers into them. The true idea is, so to open
and enlarge the representation as to let in a due proportion of
the third class with those of the first. Now, my opinion is,
that the representation proposed is so small as that ordinarily
very few or none of them can be elected. And, therefore, after
all the parade of words and forms, the government must possess
the soul of aristocracy, or something worse, the spirit of
popular leaders.
I observed in a former letter, that the state of Delaware,
of Rhode Island, the Province of Maine, and each of the great
counties in Massachusetts, etc., would have one member, and
rather more than one when the representatives shall be increased
to one for each 30,000 inhabitants. In some districts the people
are more dispersed and unequal than in others. In Delaware they
are compact, in the Province of Maine dispersed; how can the
elections in either of those districts be regulated so that a man
of the third class can be elected? Exactly the same principles
and motives, the same uncontrollable circumstances, must govern
the elections as in the choice of the governors. Call upon the
people of either of those districts to choose a governor, and it
will probably never happen that they will not bestow a major
part, or the greatest number, of their votes on some very
conspicuous or very popular character. A man that is known among
a few thousands of people, may be quite unknown among thirty or
forty thousand. On the whole it appears to me to be almost a
self-evident position, that when we call on thirty or forty
thousand inhabitants to unite in giving their votes for one man
it will be uniformly impracticable for them to unite in any men,
except those few who have become eminent for their civil or
military rank, or their popular legal abilities. It will be
found totally impracticable for men in the private walks of life,
except in the profession of the law, to become conspicuous enough
to attract the notice of so many electors and have their
suffrages.
But if I am right, it is asked why so many respectable men
advocate the adoption of the proposed system. Several reasons may
be given. Many of our gentlemen are attached to the principles
of monarchy and aristocracy; they have an aversion to democratic
republics. The body of the people have acquired large powers and
substantial influence by the revolution. In the unsettled state
of things, their numerous representatives, in some instances,
misused their powers, and have induced many good men suddenly to
adopt ideas unfavorable to such republics, and which ideas they
will discard on reflection. Without scrutinizing into the
particulars of the proposed system, we immediately perceive that
its general tendency is to collect the powers of government, now
in the body of the people in reality, and to place them in the
higher orders and fewer hands; no wonder then that all those of
and about these orders are attached to it. They feel there is
something in this system advantageous to them. On the other
hand, the body of the people evidently feel there is something
wrong and disadvantageous to them. Both descriptions perceive
there is something tending to bestow on the former the height of
power and happiness, and to reduce the latter to weakness,
insignificance, and misery. The people evidently feel all this
though they want expressions to convey their ideas. Further, even
the respectable part of the democracy have never yet been able to
distinguish clearly where the fallacy lies. They find there are
defects in the confederation; they see a system presented; they
think something must be done; and, while their minds are in
suspense, the zealous advocates force a reluctant consent.
Nothing can be a stronger evidence of the nature of this system,
than the general sense of the several orders in the community
respecting its tendency. The parts taken generally by them proves
my position, that notwithstanding the parade of words and forms,
the government must possess the soul of aristocracy.
Congress, heretofore, have asked for moderate additional
powers. The cry was give them-be federal. But the proper
distinction between the cases that produce this disposition, and
the system proposed, has not been fairly made
and seen in all its consequences. We have seen some of our state
representations too numerous and without examining a medium we
run to the opposite extreme. It is true, the proper number of
federal representatives, is matter of opinion in some degree; but
there are extremes which we immediately perceive, and others
which we clearly discover on examination. We should readily
pronounce a representative branch of 15 members small in a
federal government, having complete powers as to taxes, military
matters, commerce, the coin, etc. On the other hand, we should
readily pronounce a federal representation as numerous as those
of the several states, consisting of about 1,500 representatives,
unwieldy and totally improper. It is asked, has not the wisdom
of the convention found the medium? Perhaps not. The convention
was divided on this point of numbers. At least some of its ablest
members urged, that instead of 65 representatives there ought to
be 130 in the first instance. They fixed one representative for
each 40,000 inhabitants, and at the close of the work, the
president suggested that the representation appeared to be too
small and without debate, it was put at, not exceeding one for
each 30,000. I mention these facts to show, that the convention
went on no fixed data. In this extensive country it is difficult
to get a representation sufficiently numerous. Necessity, I
believe, will oblige us to sacrifice in some degree the true
genuine principles of representation. But this sacrifice ought
to be as little as possible. How far we ought to increase the
representation I will not pretend to say; but that we ought to
increase it very considerably, is clear-to double it at least,
making full allowances for the state representations. And this
we may evidently do and approach accordingly towards safety and
perfection without encountering any inconveniences. It is with
great difficulty the people can unite these different interests
and views even tolerably, in the state senators, who are more
than twice as numerous as the federal representatives, as
proposed by the convention; even these senators are considered as
so far removed from the people, that they are not allowed
immediately to hold their purse strings. The principal objections
made to the increase of the representation are, the expense and
difficulty in getting the members to attend. The first cannot be
important; the last, if founded, is against any federal
government. As to the expense, I presume the house of
representatives will not be in sessions more than four months in
the year. We find by experience that about two-thirds of the
members of representative assemblies usually attend; therefore,
of the representation proposed by the convention, about forty-
five members probably will attend. Doubling their number, about
90 will probably attend. Their pay, in one case, at four dollars
a day each (which is putting it high enough) will amount to,
yearly, 21,600 dollars; in the other case, 43,200 dollars-[a]
difference [of] 21,600 dollars. Reduce the state representatives
from 1,500 down to 1,000 and thereby save the attendance of two-
thirds of the 500, say three months in a year, at one dollar and
a quarter a day each [would amount to] 37,125 dollars. Thus we
may leave the state representations sufficient large, and yet
save enough by the reduction nearly to support exceeding well the
whole federal representation I propose. Surely we -never can be
so unwise as to sacrifice, essentially, the all-important
principles of representation for so small a sum as 21,600 dollars
a year for the United States. A single company of soldiers would
cost this sum. It is a fact that can easily be shown, that we
expend three times this sum every year upon useless inferior
offices and very trifling concerns. It is also a fact which can
be shown that the United States in the late war suffered more by
a faction in the federal government, then the pay of the federal
representation will amount to for twenty years.
As to the attendance-can we be so unwise as to establish an
unsafe and inadequate representative branch, and give it as a
reason, that we believe only a few members will be induced to
attend? We ought certainly to establish an adequate
representative branch, and adopt measures to induce an
attendance. I believe that a due proportion of 130 or 140
members may be induced to attend. There are various reasons for
the non-attendance of the members of the present congress; it is
to be presumed that these will not exist under the new system...
I
In the second place, it is said the members of congress must
return home, and share in the burdens they may impose; and,
therefore, private motives will induce them to make mild laws, to
support liberty, and ease the burdens of the people, This brings
us to a mere question of interest under this head. I think these
observations will appear, on examination, altogether fallacious;
because this individual interest, which may coincide with the
rights and interests of the people, will be far more than
balanced by opposite motives and opposite interests. If, on a
fair calculation, a man will gain more by measures oppressive to
others than he will lose by them, he is interested in their
adoption. It is true, that those who govern generally, by
increasing the public burdens, increase their own share of them;
but by this increase they may, and often do, increase their
salaries, fees, and emoluments, in a tenfold proportion, by
increasing salaries, forming armies and navies, and by making
offices. If it shall appear the members of congress will have
these temptations before them, the argument is on my side. They
will view the account, and be induced continually to make efforts
advantageous to themselves and connections, and oppressive to
others.
We must examine facts. Congress, in its present form, have
but few offices to dispose of worth the attention of the members,
or of men of the aristocracy. Yet from 1774 to this time, we
find a large proportion of those offices assigned to those who
were or had been members of congress; and though the states
choose annually sixty or seventy members, many of them have been
provided for. But few men are known to congress in this
extensive country, and, probably, but few will be to the
president and senate, except those who have or shall appear as
members of congress, or those whom the members may bring forward.
The states may now choose yearly ninety-one members of congress;
under the new constitution they will have it in their power to
choose exactly the same number, perhaps afterwards, one hundred
and :fifteen, but these must be chosen once in two and six years.
So that, in the course of ten years together, not more than two-
thirds so many members of congress will be elected and brought
into view, as there now are under the confederation in the same
term of time. But at least there will be five, if not ten times,
as many offices and places worthy of the attention of the
members, under the new constitution, as there are under the
confederation. Therefore, we may fairly presume, that a very
great proportion of the members of congress, especially the
influential ones, instead of returning to private life, will be
provided for with lucrative offices, in the civil or military
department; and not only the members, but many of their sons,
friends, and connections. These offices will be in the
constitutional disposition of the president and senate, and,
corruption out of the question, what kind of security can we
expect in a representation so many of the members of which may
rationally feel themselves candidates for these offices? Let
common sense decide. It is true, that members chosen to offices
must leave their seats in congress; and to some few offices they
cannot be elected till the time shall be expired for which they
were elected members. But this scarcely will effect the bias
arising from the hopes and expectations of office....
But it is asked how shall we remedy the evil, so as to
complete and perpetuate the temple of equal laws and equal
liberty? Perhaps we never can do it. Possibly we never may be
able to do it in this immense country, under any one system of
laws however modified. Nevertheless, at present, I think the
experiment worth making. I feel an aversion to the disunion of
the states, and to separate confederacies; the states have fought
and bled in a common cause, and great dangers too may attend
these confederacies. I think the system proposed capable of very
considerable degrees of perfection, if we pursue first
principles. I do not think that De Lolme, or any writer I have
seen, has sufficiently pursued the proper inquiries and efficient
means for making representation and balances in government more
perfect. It is our task to do this in America. Our object is
equal liberty, and equal laws diffusing their influence among all orders of men. To obtain this we must guard against the bias
of interest and passions, against interested combinations, secret
or open. We must aim at a balance of efforts and strength.
Clear it is, by increasing the representation we lessen the
prospects of each member of congress being provided for in public
offices. We proportionably lessen official influence, and
strengthen his prospects of becoming a private citizen, subject
to the common burdens, without the compensation of the emoluments
of office. By increasing the representation we make it more
difficult to corrupt and influence the members. We diffuse them
more extensively among the body of the people, perfect the
balance, multiply information, strengthen the confidence of the
people, and consequently support the laws on equal and free
principles. There are two other ways, I think, of obtaining in
some degree the security we want; the one is, by excluding more
extensively the members from being appointed to offices; the
other is, by limiting some of their powers. These two I shall
examine hereafter.
THE FEDERAL FARMER