The Federalist Papers
supposition, it then becomes immaterial where the power in question is
placed--whether in their hands or in those of the Union.
But what is to be the object of this capricious partiality in the
national councils? Is it to be exercised in a discrimination between
the different departments of industry, or between the different kinds of
property, or between the different degrees of property? Will it lean in
favor of the landed interest, or the moneyed interest, or the mercantile
interest, or the manufacturing interest? Or, to speak in the fashionable
language of the adversaries to the Constitution, will it court the
elevation of "the wealthy and the well-born," to the exclusion and
debasement of all the rest of the society?
If this partiality is to be exerted in favor of those who are concerned
in any particular description of industry or property, I presume it will
readily be admitted, that the competition for it will lie between landed
men and merchants. And I scruple not to affirm, that it is infinitely
less likely that either of them should gain an ascendant in the national
councils, than that the one or the other of them should predominate in
all the local councils. The inference will be, that a conduct tending to
give an undue preference to either is much less to be dreaded from the
former than from the latter.
The several States are in various degrees addicted to agriculture and
commerce. In most, if not all of them, agriculture is predominant. In a
few of them, however, commerce nearly divides its empire, and in most
of them has a considerable share of influence. In proportion as either
prevails, it will be conveyed into the national representation; and for
the very reason, that this will be an emanation from a greater variety
of interests, and in much more various proportions, than are to be found
in any single State, it will be much less apt to espouse either of them
with a decided partiality, than the representation of any single State.
In a country consisting chiefly of the cultivators of land, where the
rules of an equal representation obtain, the landed interest must, upon
the whole, preponderate in the government. As long as this interest
prevails in most of the State legislatures, so long it must maintain a
correspondent superiority in the national Senate, which will generally
be a faithful copy of the majorities of those assemblies. It cannot
therefore be presumed, that a sacrifice of the landed to the mercantile
class will ever be a favorite object of this branch of the federal
legislature. In applying thus particularly to the Senate a general
observation suggested by the situation of the country, I am governed by
the consideration, that the credulous votaries of State power cannot,
upon their own principles, suspect, that the State legislatures would
be warped from their duty by any external influence. But in reality the
same situation must have the same effect, in the primitive composition
at least of the federal House of Representatives: an improper bias
towards the mercantile class is as little to be expected from this
quarter as from the other.
In order, perhaps, to give countenance to the objection at any rate, it
may be asked, is there not danger of an opposite bias in the national
government, which may dispose it to endeavor to secure a monopoly of
the federal administration to the landed class? As there is little
likelihood that the supposition of such a bias will have any terrors for
those who would be immediately injured by it, a labored answer to this
question will be dispensed with. It will be sufficient to remark, first,
that for the reasons elsewhere assigned, it is less likely that any
decided partiality should prevail in the councils of the Union than in
those of any of its members. Secondly, that there would be no temptation
to violate the Constitution in favor of the landed class, because
that class would, in the natural course of things, enjoy as great a
preponderancy as itself could desire. And thirdly, that men accustomed
to investigate the sources of public prosperity upon a large scale,
must be too well convinced of the utility of commerce, to be inclined
to inflict upon it so deep a wound as would result from the entire
exclusion of those who would best understand its interest from a share
in the management of them. The importance of commerce, in the view of
revenue alone, must effectually guard it against the enmity of a body
which would be continually importuned in its favor, by the urgent calls
of public necessity.
I the rather consult brevity in discussing the probability of a
preference founded upon a discrimination between the different kinds of
industry and property, because, as far as I understand the meaning of
the objectors, they contemplate a discrimination of another kind. They
appear to have in view, as the objects of the preference with which they
endeavor to alarm us, those whom they designate by the description of
"the wealthy and the well-born." These, it seems, are to be exalted to
an odious pre-eminence over the rest of their fellow-citizens. At one
time, however, their elevation is to be a necessary consequence of
the smallness of the representative body; at another time it is to
be effected by depriving the people at large of the opportunity of
exercising their right of suffrage in the choice of that body.
But upon what principle is the discrimination of the places of election
to be made, in order to answer the purpose of the meditated preference?
Are "the wealthy and the well-born," as they are called, confined to
particular spots in the several States? Have they, by some miraculous
instinct or foresight, set apart in each of them a common place of
residence? Are they only to be met with in the towns or cities? Or are
they, on the contrary, scattered over the face of the country as avarice
or chance may have happened to cast their own lot or that of their
predecessors? If the latter is the case, (as every intelligent man knows
it to be,(1)) is it not evident that the policy of confining the places
of election to particular districts would be as subversive of its own
aim as it would be exceptionable on every other account? The truth
is, that there is no method of securing to the rich the preference
apprehended, but by prescribing qualifications of property either for
those who may elect or be elected. But this forms no part of the power
to be conferred upon the national government. Its authority would be
expressly restricted to the regulation of the TIMES, the PLACES, the
MANNER of elections. The qualifications of the persons who may choose
or be chosen, as has been remarked upon other occasions, are defined and
fixed in the Constitution, and are unalterable by the legislature.
Let it, however, be admitted, for argument sake, that the expedient
suggested might be successful; and let it at the same time be equally
taken for granted that all the scruples which a sense of duty or
an apprehension of the danger of the experiment might inspire, were
overcome in the breasts of the national rulers, still I imagine it
will hardly be pretended that they could ever hope to carry such an
enterprise into execution without the aid of a military force
sufficient to subdue the resistance of the great body of the people. The
improbability of the existence of a force equal to that object has been
discussed and demonstrated in different parts of these papers; but that
the futility of the objection under consideration may appear in the
strongest light, it shall be conceded for a moment that such a force
might exist, and the national government shall be supposed to be in the
actual possession of it. What will be the conclusion? With a disposition
to invade the essential rights of the community, and with the means of
gratifying that disposition, is it presumable that the persons who
were actuated by it would amuse themselves in the ridiculous task of
fabricating election laws for securing a preference to a favorite class
of men? Would they not be likely to prefer a conduct better adapted to
their own immediate aggrandizement? Would they not rather boldly resolve
to perpetuate themselves in office by one decisive act of usurpation,
than to trust to precarious expedients which, in spite of all
the precautions that might accompany them, might terminate in the
dismission, disgrace, and ruin of their authors? Would they not fear
that citizens, not less tenacious than conscious of their rights, would
flock from the remote extremes of their respective States to the places
of election, to overthrow their tyrants, and to substitute men who would
be disposed to avenge the violated majesty of the people?
PUBLIUS
1. Particularly in the Southern States and in this State.
FEDERALIST No. 61
The Same Subject Continued (Concerning the Power of Congress to Regulate
the Election of Members)
From the New York Packet. Tuesday, February 26, 1788.
HAMILTON
To the People of the State of New York:
THE more candid opposers of the provision respecting elections,
contained in the plan of the convention, when pressed in argument,
will sometimes concede the propriety of that provision; with this
qualification, however, that it ought to have been accompanied with a
declaration, that all elections should be had in the counties where the
electors resided. This, say they, was a necessary precaution against an
abuse of the power. A declaration of this nature would certainly have
been harmless; so far as it would have had the effect of quieting
apprehensions, it might not have been undesirable. But it would, in
fact, have afforded little or no additional security against the
danger apprehended; and the want of it will never be considered, by
an impartial and judicious examiner, as a serious, still less as an
insuperable, objection to the plan. The different views taken of the
subject in the two preceding papers must be sufficient to satisfy all
dispassionate and discerning men, that if the public liberty should ever
be the victim of the ambition of the national rulers, the power under
examination, at least, will be guiltless of the sacrifice.
If those who are inclined to consult their jealousy only, would exercise
it in a careful inspection of the several State constitutions, they
would find little less room for disquietude and alarm, from the latitude
which most of them allow in respect to elections, than from the latitude
which is proposed to be allowed to the national government in the same
respect. A review of their situation, in this particular, would tend
greatly to remove any ill impressions which may remain in regard to this
matter. But as that view would lead into long and tedious details, I
shall content myself with the single example of the State in which
I write. The constitution of New York makes no other provision for
LOCALITY of elections, than that the members of the Assembly shall be
elected in the COUNTIES; those of the Senate, in the great districts
into which the State is or may be divided: these at present are four in
number, and comprehend each from two to six counties. It may readily be
perceived that it would not be more difficult to the legislature of New
York to defeat the suffrages of the citizens of New York, by confining
elections to particular places, than for the legislature of the United
States to defeat the suffrages of the citizens of the Union, by the like
expedient. Suppose, for instance, the city of Albany was to be appointed
the sole place of election for the county and district of which it is
a part, would not the inhabitants of that city speedily become the only
electors of the members both of the Senate and Assembly for that county
and district? Can we imagine that the electors who reside in the remote