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- FEDERALIST No. 71
-
- The Duration in Office of the Executive
- From the New York Packet.
- Tuesday, March 18, 1788.
-
- HAMILTON
-
- To the People of the State of New York:
- DURATION in office has been mentioned as the second requisite to
- the energy of the Executive authority. This has relation to two
- objects: to the personal firmness of the executive magistrate, in
- the employment of his constitutional powers; and to the stability
- of the system of administration which may have been adopted under
- his auspices. With regard to the first, it must be evident, that
- the longer the duration in office, the greater will be the
- probability of obtaining so important an advantage. It is a general
- principle of human nature, that a man will be interested in whatever
- he possesses, in proportion to the firmness or precariousness of the
- tenure by which he holds it; will be less attached to what he holds
- by a momentary or uncertain title, than to what he enjoys by a
- durable or certain title; and, of course, will be willing to risk
- more for the sake of the one, than for the sake of the other. This
- remark is not less applicable to a political privilege, or honor, or
- trust, than to any article of ordinary property. The inference from
- it is, that a man acting in the capacity of chief magistrate, under
- a consciousness that in a very short time he MUST lay down his
- office, will be apt to feel himself too little interested in it to
- hazard any material censure or perplexity, from the independent
- exertion of his powers, or from encountering the ill-humors, however
- transient, which may happen to prevail, either in a considerable
- part of the society itself, or even in a predominant faction in the
- legislative body. If the case should only be, that he MIGHT lay it
- down, unless continued by a new choice, and if he should be desirous
- of being continued, his wishes, conspiring with his fears, would
- tend still more powerfully to corrupt his integrity, or debase his
- fortitude. In either case, feebleness and irresolution must be the
- characteristics of the station.
- There are some who would be inclined to regard the servile
- pliancy of the Executive to a prevailing current, either in the
- community or in the legislature, as its best recommendation. But
- such men entertain very crude notions, as well of the purposes for
- which government was instituted, as of the true means by which the
- public happiness may be promoted. The republican principle demands
- that the deliberate sense of the community should govern the conduct
- of those to whom they intrust the management of their affairs; but
- it does not require an unqualified complaisance to every sudden
- breeze of passion, or to every transient impulse which the people
- may receive from the arts of men, who flatter their prejudices to
- betray their interests. It is a just observation, that the people
- commonly INTEND the PUBLIC GOOD. This often applies to their very
- errors. But their good sense would despise the adulator who should
- pretend that they always REASON RIGHT about the MEANS of promoting
- it. They know from experience that they sometimes err; and the
- wonder is that they so seldom err as they do, beset, as they
- continually are, by the wiles of parasites and sycophants, by the
- snares of the ambitious, the avaricious, the desperate, by the
- artifices of men who possess their confidence more than they deserve
- it, and of those who seek to possess rather than to deserve it.
- When occasions present themselves, in which the interests of the
- people are at variance with their inclinations, it is the duty of
- the persons whom they have appointed to be the guardians of those
- interests, to withstand the temporary delusion, in order to give
- them time and opportunity for more cool and sedate reflection.
- Instances might be cited in which a conduct of this kind has saved
- the people from very fatal consequences of their own mistakes, and
- has procured lasting monuments of their gratitude to the men who had
- courage and magnanimity enough to serve them at the peril of their
- displeasure.
- But however inclined we might be to insist upon an unbounded
- complaisance in the Executive to the inclinations of the people, we
- can with no propriety contend for a like complaisance to the humors
- of the legislature. The latter may sometimes stand in opposition to
- the former, and at other times the people may be entirely neutral.
- In either supposition, it is certainly desirable that the Executive
- should be in a situation to dare to act his own opinion with vigor
- and decision.
- The same rule which teaches the propriety of a partition between
- the various branches of power, teaches us likewise that this
- partition ought to be so contrived as to render the one independent
- of the other. To what purpose separate the executive or the
- judiciary from the legislative, if both the executive and the
- judiciary are so constituted as to be at the absolute devotion of
- the legislative? Such a separation must be merely nominal, and
- incapable of producing the ends for which it was established. It is
- one thing to be subordinate to the laws, and another to be dependent
- on the legislative body. The first comports with, the last
- violates, the fundamental principles of good government; and,
- whatever may be the forms of the Constitution, unites all power in
- the same hands. The tendency of the legislative authority to absorb
- every other, has been fully displayed and illustrated by examples in
- some preceding numbers. In governments purely republican, this
- tendency is almost irresistible. The representatives of the people,
- in a popular assembly, seem sometimes to fancy that they are the
- people themselves, and betray strong symptoms of impatience and
- disgust at the least sign of opposition from any other quarter; as
- if the exercise of its rights, by either the executive or judiciary,
- were a breach of their privilege and an outrage to their dignity.
- They often appear disposed to exert an imperious control over the
- other departments; and as they commonly have the people on their
- side, they always act with such momentum as to make it very
- difficult for the other members of the government to maintain the
- balance of the Constitution.
- It may perhaps be asked, how the shortness of the duration in
- office can affect the independence of the Executive on the
- legislature, unless the one were possessed of the power of
- appointing or displacing the other. One answer to this inquiry may
- be drawn from the principle already remarked that is, from the
- slender interest a man is apt to take in a short-lived advantage,
- and the little inducement it affords him to expose himself, on
- account of it, to any considerable inconvenience or hazard. Another
- answer, perhaps more obvious, though not more conclusive, will
- result from the consideration of the influence of the legislative
- body over the people; which might be employed to prevent the
- re-election of a man who, by an upright resistance to any sinister
- project of that body, should have made himself obnoxious to its
- resentment.
- It may be asked also, whether a duration of four years would
- answer the end proposed; and if it would not, whether a less
- period, which would at least be recommended by greater security
- against ambitious designs, would not, for that reason, be preferable
- to a longer period, which was, at the same time, too short for the
- purpose of inspiring the desired firmness and independence of the
- magistrate.
- It cannot be affirmed, that a duration of four years, or any
- other limited duration, would completely answer the end proposed;
- but it would contribute towards it in a degree which would have a
- material influence upon the spirit and character of the government.
- Between the commencement and termination of such a period, there
- would always be a considerable interval, in which the prospect of
- annihilation would be sufficiently remote, not to have an improper
- effect upon the conduct of a man indued with a tolerable portion of
- fortitude; and in which he might reasonably promise himself, that
- there would be time enough before it arrived, to make the community
- sensible of the propriety of the measures he might incline to pursue.
- Though it be probable that, as he approached the moment when the
- public were, by a new election, to signify their sense of his
- conduct, his confidence, and with it his firmness, would decline;
- yet both the one and the other would derive support from the
- opportunities which his previous continuance in the station had
- afforded him, of establishing himself in the esteem and good-will of
- his constituents. He might, then, hazard with safety, in proportion
- to the proofs he had given of his wisdom and integrity, and to the
- title he had acquired to the respect and attachment of his
- fellow-citizens. As, on the one hand, a duration of four years will
- contribute to the firmness of the Executive in a sufficient degree
- to render it a very valuable ingredient in the composition; so, on
- the other, it is not enough to justify any alarm for the public
- liberty. If a British House of Commons, from the most feeble
- beginnings, FROM THE MERE POWER OF ASSENTING OR DISAGREEING TO THE
- IMPOSITION OF A NEW TAX, have, by rapid strides, reduced the
- prerogatives of the crown and the privileges of the nobility within
- the limits they conceived to be compatible with the principles of a
- free government, while they raised themselves to the rank and
- consequence of a coequal branch of the legislature; if they have
- been able, in one instance, to abolish both the royalty and the
- aristocracy, and to overturn all the ancient establishments, as well
- in the Church as State; if they have been able, on a recent
- occasion, to make the monarch tremble at the prospect of an
- innovation1 attempted by them, what would be to be feared from
- an elective magistrate of four years' duration, with the confined
- authorities of a President of the United States? What, but that he
- might be unequal to the task which the Constitution assigns him? I
- shall only add, that if his duration be such as to leave a doubt of
- his firmness, that doubt is inconsistent with a jealousy of his
- encroachments.
- PUBLIUS.
- 1 This was the case with respect to Mr. Fox's India bill, which
- was carried in the House of Commons, and rejected in the House of
- Lords, to the entire satisfaction, as it is said, of the people.
-
-