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- FEDERALIST No. 58
- Objection That The Number of Members Will Not Be Augmented as the
- Progress of Population Demands Considered
-
- MADISON
-
- To the People of the State of New York:
- THE remaining charge against the House of Representatives, which
- I am to examine, is grounded on a supposition that the number of
- members will not be augmented from time to time, as the progress
- of population may demand. It has been admitted, that this
- objection, if well supported, would have great weight. The
- following observations will show that, like most other objections
- against the Constitution, it can only proceed from a partial view
- of the subject, or from a jealousy which discolors and disfigures
- every object which is beheld. 1. Those who urge the objection
- seem not to have recollected that the federal Constitution will
- not suffer by a comparison with the State constitutions, in the
- security provided for a gradual augmentation of the number of
- representatives. The number which is to prevail in the first
- instance is declared to be temporary. Its duration is limited to
- the short term of three years. Within every successive term of
- ten years a census of inhabitants is to be repeated. The
- unequivocal objects of these regulations are, first, to readjust,
- from time to time, the apportionment of representatives to the
- number of inhabitants, under the single exception that each State
- shall have one representative at least; secondly, to augment the
- number of representatives at the same periods, under the sole
- limitation that the whole number shall not exceed one for every
- thirty thousand inhabitants. If we review the constitutions of
- the several States, we shall find that some of them contain no
- determinate regulations on this subject, that others correspond
- pretty much on this point with the federal Constitution, and that
- the most effectual security in any of them is resolvable into a
- mere directory provision. 2. As far as experience has taken place
- on this subject, a gradual increase of representatives under the
- State constitutions has at least kept pace with that of the
- constituents, and it appears that the former have been as ready
- to concur in such measures as the latter have been to call for
- them. 3. There is a peculiarity in the federal Constitution which
- insures a watchful attention in a majority both of the people and
- of their representatives to a constitutional augmentation of the
- latter. The peculiarity lies in this, that one branch of the
- legislature is a representation of citizens, the other of the
- States: in the former, consequently, the larger States will have
- most weight; in the latter, the advantage will be in favor of the
- smaller States. From this circumstance it may with certainty be
- inferred that the larger States will be strenuous advocates for
- increasing the number and weight of that part of the legislature
- in which their influence predominates. And it so happens that
- four only of the largest will have a majority of the whole votes
- in the House of Representatives. Should the representatives or
- people, therefore, of the smaller States oppose at any time a
- reasonable addition of members, a coalition of a very few States
- will be sufficient to overrule the opposition; a coalition which,
- notwithstanding the rivalship and local prejudices which might
- prevent it on ordinary occasions, would not fail to take place,
- when not merely prompted by common interest, but justified by
- equity and the principles of the Constitution. It may be
- alleged, perhaps, that the Senate would be prompted by like
- motives to an adverse coalition; and as their concurrence would
- be indispensable, the just and constitutional views of the other
- branch might be defeated. This is the difficulty which has
- probably created the most serious apprehensions in the jealous
- friends of a numerous representation. Fortunately it is among
- the difficulties which, existing only in appearance, vanish on a
- close and accurate inspection. The following reflections will,
- if I mistake not, be admitted to be conclusive and satisfactory
- on this point. Notwithstanding the equal authority which will
- subsist between the two houses on all legislative subjects,
- except the originating of money bills, it cannot be doubted that
- the House, composed of the greater number of members, when
- supported by the more powerful States, and speaking the known and
- determined sense of a majority of the people, will have no small
- advantage in a question depending on the comparative firmness of
- the two houses. This advantage must be increased by the
- consciousness, felt by the same side of being supported in its
- demands by right, by reason, and by the Constitution; and the
- consciousness, on the opposite side, of contending against the
- force of all these solemn considerations. It is farther to be
- considered, that in the gradation between the smallest and
- largest States, there are several, which, though most likely in
- general to arrange themselves among the former are too little
- removed in extent and population from the latter, to second an
- opposition to their just and legitimate pretensions. Hence it is
- by no means certain that a majority of votes, even in the
- Senate, would be unfriendly to proper augmentations in the number
- of representatives. It will not be looking too far to add, that
- the senators from all the new States may be gained over to the
- just views of the House of Representatives, by an expedient too
- obvious to be overlooked. As these States will, for a great
- length of time, advance in population with peculiar rapidity,
- they will be interested in frequent reapportionments of the
- representatives to the number of inhabitants. The large States,
- therefore, who will prevail in the House of Representatives, will
- have nothing to do but to make reapportionments and augmentations
- mutually conditions of each other; and the senators from all the
- most growing States will be bound to contend for the latter, by
- the interest which their States will feel in the former. These
- considerations seem to afford ample security on this subject, and
- ought alone to satisfy all the doubts and fears which have been
- indulged with regard to it. Admitting, however, that they should
- all be insufficient to subdue the unjust policy of the smaller
- States, or their predominant influence in the councils of the
- Senate, a constitutional and infallible resource still remains
- with the larger States, by which they will be able at all times
- to accomplish their just purposes. The House of Representatives
- cannot only refuse, but they alone can propose, the supplies
- requisite for the support of government. They, in a word, hold
- the purse that powerful instrument by which we behold, in the
- history of the British Constitution, an infant and humble
- representation of the people gradually enlarging the sphere of
- its activity and importance, and finally reducing, as far as it
- seems to have wished, all the overgrown prerogatives of the other
- branches of the government. This power over the purse may, in
- fact, be regarded as the most complete and effectual weapon with
- which any constitution can arm the immediate representatives of
- the people, for obtaining a redress of every grievance, and for
- carrying into effect every just and salutary measure. But will
- not the House of Representatives be as much interested as the
- Senate in maintaining the government in its proper functions, and
- will they not therefore be unwilling to stake its existence or
- its reputation on the pliancy of the Senate? Or, if such a trial
- of firmness between the two branches were hazarded, would not the
- one be as likely first to yield as the other? These questions
- will create no difficulty with those who reflect that in all
- cases the smaller the number, and the more permanent and
- conspicuous the station, of men in power, the stronger must be
- the interest which they will individually feel in whatever
- concerns the government. Those who represent the dignity of their
- country in the eyes of other nations, will be particularly
- sensible to every prospect of public danger, or of dishonorable
- stagnation in public affairs. To those causes we are to ascribe
- the continual triumph of the British House of Commons over the
- other branches of the government, whenever the engine of a money
- bill has been employed. An absolute inflexibility on the side of
- the latter, although it could not have failed to involve every
- department of the state in the general confusion, has neither
- been apprehended nor experienced. The utmost degree of firmness
- that can be displayed by the federal Senate or President, will
- not be more than equal to a resistance in which they will be
- supported by constitutional and patriotic principles. In this
- review of the Constitution of the House of Representatives, I
- have passed over the circumstances of economy, which, in the
- present state of affairs, might have had some effect in lessening
- the temporary number of representatives, and a disregard of which
- would probably have been as rich a theme of declamation against
- the Constitution as has been shown by the smallness of the number
- proposed. I omit also any remarks on the difficulty which might
- be found, under present circumstances, in engaging in the federal
- service a large number of such characters as the people will
- probably elect. One observation, however, I must be permitted to
- add on this subject as claiming, in my judgment, a very serious
- attention. It is, that in all legislative assemblies the greater
- the number composing them may be, the fewer will be the men who
- will in fact direct their proceedings. In the first place, the
- more numerous an assembly may be, of whatever characters
- composed, the greater is known to be the ascendency of passion
- over reason. In the next place, the larger the number, the
- greater will be the proportion of members of limited information
- and of weak capacities. Now, it is precisely on characters of
- this description that the eloquence and address of the few are
- known to act with all their force. In the ancient republics,
- where the whole body of the people assembled in person, a single
- orator, or an artful statesman, was generally seen to rule with
- as complete a sway as if a sceptre had been placed in his single
- hand. On the same principle, the more multitudinous a
- representative assembly may be rendered, the more it will partake
- of the infirmities incident to collective meetings of the people.
- Ignorance will be the dupe of cunning, and passion the slave of
- sophistry and declamation. The people can never err more than in
- supposing that by multiplying their representatives beyond a
- certain limit, they strengthen the barrier against the government
- of a few. Experience will forever admonish them that, on the
- contrary, AFTER SECURING A SUFFICIENT NUMBER FOR THE PURPOSES OF
- SAFETY, OF LOCAL INFORMATION, AND OF DIFFUSIVE SYMPATHY WITH THE
- WHOLE SOCIETY, they will counteract their own views by every
- addition to their representatives. The countenance of the
- government may become more democratic, but the soul that animates
- it will be more oligarchic. The machine will be enlarged, but the
- fewer, and often the more secret, will be the springs by which
- its motions are directed. As connected with the objection against
- the number of representatives, may properly be here noticed, that
- which has been suggested against the number made competent for
- legislative business. It has been said that more than a majority
- ought to have been required for a quorum; and in particular
- cases, if not in all, more than a majority of a quorum for a
- decision. That some advantages might have resulted from such a
- precaution, cannot be denied. It might have been an additional
- shield to some particular interests, and another obstacle
- generally to hasty and partial measures. But these considerations
- are outweighed by the inconveniences in the opposite scale. In
- all cases where justice or the general good might require new
- laws to be passed, or active measures to be pursued, the
- fundamental principle of free government would be reversed. It
- would be no longer the majority that would rule: the power would
- be transferred to the minority. Were the defensive privilege
- limited to particular cases, an interested minority might take
- advantage of it to screen themselves from equitable sacrifices to
- the general weal, or, in particular emergencies, to extort
- unreasonable indulgences. Lastly, it would facilitate and foster
- the baneful practice of secessions; a practice which has shown
- itself even in States where a majority only is required; a
- practice subversive of all the principles of order and regular
- government; a practice which leads more directly to public
- convulsions, and the ruin of popular governments, than any other
- which has yet been displayed among us. PUBLIUS.
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