Considered For the Independent Journal Wednesday, February 20, 1788.
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 jealousy3 which discolors and disfigures every object which is beheld4.
1. Those who urge the objection seem not to have recollected5 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 census6 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; secondly7, to augment1 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 mere8 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 constituents9, and it appears that the former have been as ready to concur10 in such measures as the latter have been to call for them.
3. There is a peculiarity11 in the federal Constitution which insures a watchful13 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 strenuous15 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 coalition16 of a very few States will be sufficient to overrule the opposition17; 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 justified18 by equity19 and the principles of the Constitution.
It may be alleged20, perhaps, that the Senate would be prompted by like motives21 to an adverse22 coalition; and as their concurrence23 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 apprehensions24 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 inspection25. The following reflections will, if I mistake not, be admitted to be conclusive26 and satisfactory on this point.
Notwithstanding the equal authority which will subsist27 between the two houses on all legislative28 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 determined29 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 legitimate30 pretensions31. 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 expedient32 too obvious to be overlooked. As these States will, for a great length of time, advance in population with peculiar12 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 insufficient33 to subdue34 the unjust policy of the smaller States, or their predominant influence in the councils of the Senate, a constitutional and infallible resource still remains35 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 requisite36 for the support of government. They, in a word, hold the purse—that powerful instrument by which we behold37, in the history of the British Constitution, an infant and humble38 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 prerogatives39 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 immediate40 representatives of the people, for obtaining a redress41 of every grievance42, 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 unwilling43 to stake its existence or its reputation on the pliancy44 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 conspicuous45 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 prospect46 of public danger, or of dishonorable stagnation47 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 inflexibility48 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 apprehended49 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 patriotic50 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 lessening51 the temporary number of representatives, and a disregard of which would probably have been as rich a theme of declamation52 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 judgment53, 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 proceedings54. 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 precisely55 on characters of this description that the eloquence56 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 orator57, 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 sophistry58 and declamation. The people can never err14 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 admonish59 them that, on the contrary, AFTER SECURING A SUFFICIENT NUMBER FOR THE PURPOSES OF SAFETY, OF LOCAL INFORMATION, AND OF DIFFUSIVE60 SYMPATHY WITH THE WHOLE SOCIETY, they will counteract61 their own views by every addition to their representatives. The countenance62 of the government may become more democratic, but the soul that animates63 it will be more oligarchic64. 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 quorum65; 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 outweighed66 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 defensive67 privilege limited to particular cases, an interested minority might take advantage of it to screen themselves from equitable68 sacrifices to the general weal, or, in particular emergencies, to extort69 unreasonable70 indulgences. Lastly, it would facilitate and foster the baneful71 practice of secessions; a practice which has shown itself even in States where a majority only is required; a practice subversive72 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.
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1 augment | |
vt.(使)增大,增加,增长,扩张 | |
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2 Augmented | |
adj.增音的 动词augment的过去式和过去分词形式 | |
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3 jealousy | |
n.妒忌,嫉妒,猜忌 | |
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4 beheld | |
v.看,注视( behold的过去式和过去分词 );瞧;看呀;(叙述中用于引出某人意外的出现)哎哟 | |
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5 recollected | |
adj.冷静的;镇定的;被回忆起的;沉思默想的v.记起,想起( recollect的过去式和过去分词 ) | |
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6 census | |
n.(官方的)人口调查,人口普查 | |
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7 secondly | |
adv.第二,其次 | |
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8 mere | |
adj.纯粹的;仅仅,只不过 | |
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9 constituents | |
n.选民( constituent的名词复数 );成分;构成部分;要素 | |
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10 concur | |
v.同意,意见一致,互助,同时发生 | |
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11 peculiarity | |
n.独特性,特色;特殊的东西;怪癖 | |
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12 peculiar | |
adj.古怪的,异常的;特殊的,特有的 | |
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13 watchful | |
adj.注意的,警惕的 | |
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14 err | |
vi.犯错误,出差错 | |
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15 strenuous | |
adj.奋发的,使劲的;紧张的;热烈的,狂热的 | |
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16 coalition | |
n.结合体,同盟,结合,联合 | |
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17 opposition | |
n.反对,敌对 | |
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18 justified | |
a.正当的,有理的 | |
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19 equity | |
n.公正,公平,(无固定利息的)股票 | |
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20 alleged | |
a.被指控的,嫌疑的 | |
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21 motives | |
n.动机,目的( motive的名词复数 ) | |
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22 adverse | |
adj.不利的;有害的;敌对的,不友好的 | |
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23 concurrence | |
n.同意;并发 | |
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24 apprehensions | |
疑惧 | |
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25 inspection | |
n.检查,审查,检阅 | |
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26 conclusive | |
adj.最后的,结论的;确凿的,消除怀疑的 | |
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27 subsist | |
vi.生存,存在,供养 | |
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28 legislative | |
n.立法机构,立法权;adj.立法的,有立法权的 | |
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29 determined | |
adj.坚定的;有决心的 | |
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30 legitimate | |
adj.合法的,合理的,合乎逻辑的;v.使合法 | |
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31 pretensions | |
自称( pretension的名词复数 ); 自命不凡; 要求; 权力 | |
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32 expedient | |
adj.有用的,有利的;n.紧急的办法,权宜之计 | |
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33 insufficient | |
adj.(for,of)不足的,不够的 | |
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34 subdue | |
vt.制服,使顺从,征服;抑制,克制 | |
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35 remains | |
n.剩余物,残留物;遗体,遗迹 | |
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36 requisite | |
adj.需要的,必不可少的;n.必需品 | |
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37 behold | |
v.看,注视,看到 | |
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38 humble | |
adj.谦卑的,恭顺的;地位低下的;v.降低,贬低 | |
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39 prerogatives | |
n.权利( prerogative的名词复数 );特权;大主教法庭;总督委任组成的法庭 | |
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40 immediate | |
adj.立即的;直接的,最接近的;紧靠的 | |
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41 redress | |
n.赔偿,救济,矫正;v.纠正,匡正,革除 | |
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42 grievance | |
n.怨愤,气恼,委屈 | |
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43 unwilling | |
adj.不情愿的 | |
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44 pliancy | |
n.柔软,柔顺 | |
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45 conspicuous | |
adj.明眼的,惹人注目的;炫耀的,摆阔气的 | |
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46 prospect | |
n.前景,前途;景色,视野 | |
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47 stagnation | |
n. 停滞 | |
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48 inflexibility | |
n.不屈性,顽固,不变性;不可弯曲;非挠性;刚性 | |
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49 apprehended | |
逮捕,拘押( apprehend的过去式和过去分词 ); 理解 | |
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50 patriotic | |
adj.爱国的,有爱国心的 | |
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51 lessening | |
减轻,减少,变小 | |
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52 declamation | |
n. 雄辩,高调 | |
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53 judgment | |
n.审判;判断力,识别力,看法,意见 | |
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54 proceedings | |
n.进程,过程,议程;诉讼(程序);公报 | |
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55 precisely | |
adv.恰好,正好,精确地,细致地 | |
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56 eloquence | |
n.雄辩;口才,修辞 | |
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57 orator | |
n.演说者,演讲者,雄辩家 | |
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58 sophistry | |
n.诡辩 | |
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59 admonish | |
v.训戒;警告;劝告 | |
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60 diffusive | |
adj.散布性的,扩及的,普及的 | |
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61 counteract | |
vt.对…起反作用,对抗,抵消 | |
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62 countenance | |
n.脸色,面容;面部表情;vt.支持,赞同 | |
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63 animates | |
v.使有生气( animate的第三人称单数 );驱动;使栩栩如生地动作;赋予…以生命 | |
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64 oligarchic | |
adj.寡头政治的,主张寡头政治的 | |
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65 quorum | |
n.法定人数 | |
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66 outweighed | |
v.在重量上超过( outweigh的过去式和过去分词 );在重要性或价值方面超过 | |
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67 defensive | |
adj.防御的;防卫的;防守的 | |
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68 equitable | |
adj.公平的;公正的 | |
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69 extort | |
v.勒索,敲诈,强要 | |
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70 unreasonable | |
adj.不讲道理的,不合情理的,过度的 | |
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71 baneful | |
adj.有害的 | |
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72 subversive | |
adj.颠覆性的,破坏性的;n.破坏份子,危险份子 | |
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