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FEDERALIST No. 55

The Total Number of the House of Representatives
From the New York Packet. Friday, February 15, 1788.

HAMILTON OR MADISON

To the People of the State of New York:
THE number of which the House of Representatives is to consist,
forms another and a very interesting point of view, under which
this branch of the federal legislature may be contemplated.
Scarce any article, indeed, in the whole Constitution seems to be
rendered more worthy of attention, by the weight of character and
the apparent force of argument with which it has been assailed.
The charges exhibited against it are, first, that so small a
number of representatives will be an unsafe depositary of the
public interests; secondly, that they will not possess a proper
knowledge of the local circumstances of their numerous
constituents; thirdly, that they will be taken from that class of
citizens which will sympathize least with the feelings of the
mass of the people, and be most likely to aim at a permanent
elevation of the few on the depression of the many; fourthly,
that defective as the number will be in the first instance, it
will be more and more disproportionate, by the increase of the
people, and the obstacles which will prevent a correspondent
increase of the representatives. In general it may be remarked on
this subject, that no political problem is less susceptible of a
precise solution than that which relates to the number most
convenient for a representative legislature; nor is there any
point on which the policy of the several States is more at
variance, whether we compare their legislative assemblies
directly with each other, or consider the proportions which they
respectively bear to the number of their constituents. Passing
over the difference between the smallest and largest States, as
Delaware, whose most numerous branch consists of twenty-one
representatives, and Massachusetts, where it amounts to between
three and four hundred, a very considerable difference is
observable among States nearly equal in population. The number of
representatives in Pennsylvania is not more than one fifth of
that in the State last mentioned. New York, whose population is
to that of South Carolina as six to five, has little more than
one third of the number of representatives. As great a disparity
prevails between the States of Georgia and Delaware or Rhode
Island. In Pennsylvania, the representatives do not bear a
greater proportion to their constituents than of one for every
four or five thousand. In Rhode Island, they bear a proportion of
at least one for every thousand. And according to the
constitution of Georgia, the proportion may be carried to one to
every ten electors; and must unavoidably far exceed the
proportion in any of the other States. Another general remark to
be made is, that the ratio between the representatives and the
people ought not to be the same where the latter are very
numerous as where they are very few. Were the representatives in
Virginia to be regulated by the standard in Rhode Island, they
would, at this time, amount to between four and five hundred; and
twenty or thirty years hence, to a thousand. On the other hand,
the ratio of Pennsylvania, if applied to the State of Delaware,
would reduce the representative assembly of the latter to seven
or eight members. Nothing can be more fallacious than to found
our political calculations on arithmetical principles. Sixty or
seventy men may be more properly trusted with a given degree of
power than six or seven. But it does not follow that six or seven
hundred would be proportionably a better depositary. And if we
carry on the supposition to six or seven thousand, the whole
reasoning ought to be reversed. The truth is, that in all cases a
certain number at least seems to be necessary to secure the
benefits of free consultation and discussion, and to guard
against too easy a combination for improper purposes; as, on the
other hand, the number ought at most to be kept within a certain
limit, in order to avoid the confusion and intemperance of a
multitude. In all very numerous assemblies, of whatever character
composed, passion never fails to wrest the sceptre from reason.
Had every Athenian citizen been a Socrates, every Athenian
assembly would still have been a mob.
                                          It is necessary also to
recollect here the observations which were applied to the case of
biennial elections. For the same reason that the limited powers
of the Congress, and the control of the State legislatures,
justify less frequent elections than the public safely might
otherwise require, the members of the Congress need be less
numerous than if they possessed the whole power of legislation,
and were under no other than the ordinary restraints of other
legislative bodies. With these general ideas in our mind, let us
weigh the objections which have been stated against the number of
members proposed for the House of Representatives. It is said, in
the first place, that so small a number cannot be safely trusted
with so much power. The number of which this branch of the
legislature is to consist, at the outset of the government, will
be sixtyfive. Within three years a census is to be taken, when
the number may be augmented to one for every thirty thousand
inhabitants; and within every successive period of ten years the
census is to be renewed, and augmentations may continue to be
made under the above limitation. It will not be thought an
extravagant conjecture that the first census will, at the rate of
one for every thirty thousand, raise the number of
representatives to at least one hundred. Estimating the negroes
in the proportion of three fifths, it can scarcely be doubted
that the population of the United States will by that time, if it
does not already, amount to three millions. At the expiration of
twenty-five years, according to the computed rate of increase,
the number of representatives will amount to two hundred, and of
fifty years, to four hundred. This is a number which, I presume,
will put an end to all fears arising from the smallness of the
body. I take for granted here what I shall, in answering the
fourth objection, hereafter show, that the number of
representatives will be augmented from time to time in the
manner provided by the Constitution. On a contrary supposition, I
should admit the objection to have very great weight indeed. The
true question to be decided then is, whether the smallness of the
number, as a temporary regulation, be dangerous to the public
liberty? Whether sixty-five members for a few years, and a
hundred or two hundred for a few more, be a safe depositary for a
limited and well-guarded power of legislating for the United
States? I must own that I could not give a negative answer to
this question, without first obliterating every impression which
I have received with regard to the present genius of the people
of America, the spirit which actuates the State legislatures, and
the principles which are incorporated with the political
character of every class of citizens I am unable to conceive that
the people of America, in their present temper, or under any
circumstances which can speedily happen, will choose, and every
second year repeat the choice of, sixty-five or a hundred men who
would be disposed to form and pursue a scheme of tyranny or
treachery. I am unable to conceive that the State legislatures,
which must feel so many motives to watch, and which possess so
many means of counteracting, the federal legislature, would fail
either to detect or to defeat a conspiracy of the latter against
the liberties of their common constituents. I am equally unable
to conceive that there are at this time, or can be in any short
time, in the United States, any sixty-five or a hundred men
capable of recommending themselves to the choice of the people at
large, who would either desire or dare, within the short space of
two years, to betray the solemn trust committed to them. What
change of circumstances, time, and a fuller population of our
country may produce, requires a prophetic spirit to declare,
which makes no part of my pretensions. But judging from the
circumstances now before us, and from the probable state of them
within a moderate period of time, I must pronounce that the
liberties of America cannot be unsafe in the number of hands
proposed by the federal Constitution. From what quarter can the
danger proceed? Are we afraid of foreign gold? If foreign gold
could so easily corrupt our federal rulers and enable them to
ensnare and betray their constituents, how has it happened that
we are at this time a free and independent nation? The Congress
which conducted us through the Revolution was a less numerous
body than their successors will be; they were not chosen by, nor
responsible to, their fellowcitizens at large; though appointed
from year to year, and recallable at pleasure, they were
generally continued for three years, and prior to the
ratification of the federal articles, for a still longer term.
They held their consultations always under the veil of secrecy;
they had the sole transaction of our affairs with foreign
nations; through the whole course of the war they had the fate of
their country more in their hands than it is to be hoped will
ever be the case with our future representatives; and from the
greatness of the prize at stake, and the eagerness of the party
which lost it, it may well be supposed that the use of other
means than force would not have been scrupled. Yet we know by
happy experience that the public trust was not betrayed; nor has
the purity of our public councils in this particular ever
suffered, even from the whispers of calumny. Is the danger
apprehended from the other branches of the federal government?
But where are the means to be found by the President, or the
Senate, or both? Their emoluments of office, it is to be
presumed, will not, and without a previous corruption of the
House of Representatives cannot, more than suffice for very
different purposes; their private fortunes, as they must allbe
American citizens, cannot possibly be sources of danger. The
only means, then, which they can possess, will be in the
dispensation of appointments. Is it here that suspicion rests
her charge? Sometimes we are told that this fund of corruption
is to be exhausted by the President in subduing the virtue of the
Senate. Now, the fidelity of the other House is to be the
victim. The improbability of such a mercenary and perfidious
combination of the several members of government, standing on as
different foundations as republican principles will well admit,
and at the same time accountable to the society over which they
are placed, ought alone to quiet this apprehension. But,
fortunately, the Constitution has provided a still further
safeguard. The members of the Congress are rendered ineligible
to any civil offices that may be created, or of which the
emoluments may be increased, during the term of their election.
No offices therefore can be dealt out to the existing members but
such as may become vacant by ordinary casualties: and to suppose
that these would be sufficient to purchase the guardians of the
people, selected by the people themselves, is to renounce every
rule by which events ought to be calculated, and to substitute an
indiscriminate and unbounded jealousy, with which all reasoning
must be vain. The sincere friends of liberty, who give
themselves up to the extravagancies of this passion, are not
aware of the injury they do their own cause. As there is a
degree of depravity in mankind which requires a certain degree of
circumspection and distrust, so there are other qualities in
human nature which justify a certain portion of esteem and
confidence. Republican government presupposes the existence of
these qualities in a higher degree than any other form. Were the
pictures which have been drawn by the political jealousy of some
among us faithful likenesses of the human character, the
inference would be, that there is not sufficient virtue among men
for self-government; and that nothing less than the chains of
despotism can restrain them from destroying and devouring one
another. PUBLIUS.