From the New York Packet. Friday, February 22, 1788.
HAMILTON
To the People of the State of New York:
THE natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes1 the national legislature to regulate, in the last resort, the election of its own members. It is in these words: "The TIMES, PLACES, and MANNER of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof; but the Congress may, at any time, by law, make or alter SUCH REGULATIONS, except as to the PLACES of choosing senators."(1) This provision has not only been declaimed against by those who condemn2 the Constitution in the gross, but it has been censured3 by those who have objected with less latitude4 and greater moderation; and, in one instance it has been thought exceptionable by a gentleman who has declared himself the advocate of every other part of the system.
I am greatly mistaken, notwithstanding, if there be any article in the whole plan more completely defensible than this. Its propriety5 rests upon the evidence of this plain proposition, that EVERY GOVERNMENT OUGHT TO CONTAIN IN ITSELF THE MEANS OF ITS OWN PRESERVATION6. Every just reasoner will, at first sight, approve an adherence7 to this rule, in the work of the convention; and will disapprove8 every deviation9 from it which may not appear to have been dictated10 by the necessity of incorporating into the work some particular ingredient, with which a rigid11 conformity12 to the rule was incompatible13. Even in this case, though he may acquiesce14 in the necessity, yet he will not cease to regard and to regret a departure from so fundamental a principle, as a portion of imperfection in the system which may prove the seed of future weakness, and perhaps anarchy15.
It will not be alleged16, that an election law could have been framed and inserted in the Constitution, which would have been always applicable to every probable change in the situation of the country; and it will therefore not be denied, that a discretionary power over elections ought to exist somewhere. It will, I presume, be as readily conceded, that there were only three ways in which this power could have been reasonably modified and disposed: that it must either have been lodged17 wholly in the national legislature, or wholly in the State legislatures, or primarily in the latter and ultimately in the former. The last mode has, with reason, been preferred by the convention. They have submitted the regulation of elections for the federal government, in the first instance, to the local administrations; which, in ordinary cases, and when no improper18 views prevail, may be both more convenient and more satisfactory; but they have reserved to the national authority a right to interpose, whenever extraordinary circumstances might render that interposition necessary to its safety.
Nothing can be more evident, than that an exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the union entirely19 at their mercy. They could at any moment annihilate20 it, by neglecting to provide for the choice of persons to administer its affairs. It is to little purpose to say, that a neglect or omission21 of this kind would not be likely to take place. The constitutional possibility of the thing, without an equivalent for the risk, is an unanswerable objection. Nor has any satisfactory reason been yet assigned for incurring22 that risk. The extravagant23 surmises24 of a distempered jealousy25 can never be dignified26 with that character. If we are in a humor to presume abuses of power, it is as fair to presume them on the part of the State governments as on the part of the general government. And as it is more consonant27 to the rules of a just theory, to trust the union with the care of its own existence, than to transfer that care to any other hands, if abuses of power are to be hazarded on the one side or on the other, it is more rational to hazard them where the power would naturally be placed, than where it would unnaturally28 be placed.
Suppose an article had been introduced into the Constitution, empowering the United States to regulate the elections for the particular States, would any man have hesitated to condemn it, both as an unwarrantable transposition of power, and as a premeditated engine for the destruction of the State governments? The violation29 of principle, in this case, would have required no comment; and, to an unbiased observer, it will not be less apparent in the project of subjecting the existence of the national government, in a similar respect, to the pleasure of the State governments. An impartial30 view of the matter cannot fail to result in a conviction, that each, as far as possible, ought to depend on itself for its own preservation.
As an objection to this position, it may be remarked that the constitution of the national Senate would involve, in its full extent, the danger which it is suggested might flow from an exclusive power in the State legislatures to regulate the federal elections. It may be alleged, that by declining the appointment of Senators, they might at any time give a fatal blow to the union; and from this it may be inferred, that as its existence would be thus rendered dependent upon them in so essential a point, there can be no objection to intrusting them with it in the particular case under consideration. The interest of each State, it may be added, to maintain its representation in the national councils, would be a complete security against an abuse of the trust.
This argument, though specious31, will not, upon examination, be found solid. It is certainly true that the State legislatures, by forbearing the appointment of senators, may destroy the national government. But it will not follow that, because they have a power to do this in one instance, they ought to have it in every other. There are cases in which the pernicious tendency of such a power may be far more decisive, without any motive32 equally cogent33 with that which must have regulated the conduct of the convention in respect to the formation of the Senate, to recommend their admission into the system. So far as that construction may expose the union to the possibility of injury from the State legislatures, it is an evil; but it is an evil which could not have been avoided without excluding the States, in their political capacities, wholly from a place in the organization of the national government. If this had been done, it would doubtless have been interpreted into an entire dereliction of the federal principle; and would certainly have deprived the State governments of that absolute safeguard which they will enjoy under this provision. But however wise it may have been to have submitted in this instance to an inconvenience, for the attainment34 of a necessary advantage or a greater good, no inference can be drawn35 from thence to favor an accumulation of the evil, where no necessity urges, nor any greater good invites.
It may be easily discerned also that the national government would run a much greater risk from a power in the State legislatures over the elections of its House of Representatives, than from their power of appointing the members of its Senate. The senators are to be chosen for the period of six years; there is to be a rotation36, by which the seats of a third part of them are to be vacated and replenished37 every two years; and no State is to be entitled to more than two senators; a quorum38 of the body is to consist of sixteen members. The joint39 result of these circumstances would be, that a temporary combination of a few States to intermit the appointment of senators, could neither annul40 the existence nor impair41 the activity of the body; and it is not from a general and permanent combination of the States that we can have any thing to fear. The first might proceed from sinister42 designs in the leading members of a few of the State legislatures; the last would suppose a fixed43 and rooted disaffection in the great body of the people, which will either never exist at all, or will, in all probability, proceed from an experience of the inaptitude of the general government to the advancement44 of their happiness in which event no good citizen could desire its continuance.
But with regard to the federal House of Representatives, there is intended to be a general election of members once in two years. If the State legislatures were to be invested with an exclusive power of regulating these elections, every period of making them would be a delicate crisis in the national situation, which might issue in a dissolution of the union, if the leaders of a few of the most important States should have entered into a previous conspiracy45 to prevent an election.
I shall not deny, that there is a degree of weight in the observation, that the interests of each State, to be represented in the federal councils, will be a security against the abuse of a power over its elections in the hands of the State legislatures. But the security will not be considered as complete, by those who attend to the force of an obvious distinction between the interest of the people in the public felicity, and the interest of their local rulers in the power and consequence of their offices. The people of America may be warmly attached to the government of the union, at times when the particular rulers of particular States, stimulated46 by the natural rivalship of power, and by the hopes of personal aggrandizement47, and supported by a strong faction48 in each of those States, may be in a very opposite temper. This diversity of sentiment between a majority of the people, and the individuals who have the greatest credit in their councils, is exemplified in some of the States at the present moment, on the present question. The scheme of separate confederacies, which will always multiply the chances of ambition, will be a never failing bait to all such influential49 characters in the State administrations as are capable of preferring their own emolument50 and advancement to the public weal. With so effectual a weapon in their hands as the exclusive power of regulating elections for the national government, a combination of a few such men, in a few of the most considerable States, where the temptation will always be the strongest, might accomplish the destruction of the union, by seizing the opportunity of some casual dissatisfaction among the people (and which perhaps they may themselves have excited), to discontinue the choice of members for the federal House of Representatives. It ought never to be forgotten, that a firm union of this country, under an efficient government, will probably be an increasing object of jealousy to more than one nation of Europe; and that enterprises to subvert51 it will sometimes originate in the intrigues52 of foreign powers, and will seldom fail to be patronized and abetted53 by some of them. Its preservation, therefore ought in no case that can be avoided, to be committed to the guardianship54 of any but those whose situation will uniformly beget55 an immediate56 interest in the faithful and vigilant57 performance of the trust.
PUBLIUS
1. 1st clause, 4th section, of the 1st article.
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1
authorizes
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| 授权，批准，委托( authorize的名词复数 ) | |
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condemn
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| vt.谴责，指责；宣判(罪犯)，判刑 | |
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3
censured
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| v.指责，非难，谴责( censure的过去式 ) | |
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latitude
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| n.纬度，行动或言论的自由(范围)，(pl.)地区 | |
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5
propriety
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| n.正当行为；正当；适当 | |
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6
preservation
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| n.保护，维护，保存，保留，保持 | |
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adherence
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| n.信奉，依附，坚持，固着 | |
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8
disapprove
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| v.不赞成，不同意，不批准 | |
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9
deviation
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| n.背离，偏离；偏差，偏向；离题 | |
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10
dictated
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| v.大声讲或读( dictate的过去式和过去分词 )；口授；支配；摆布 | |
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11
rigid
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| adj.严格的，死板的；刚硬的，僵硬的 | |
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12
conformity
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| n.一致，遵从，顺从 | |
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13
incompatible
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| adj.不相容的，不协调的，不相配的 | |
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14
acquiesce
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| vi.默许，顺从，同意 | |
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15
anarchy
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| n.无政府状态；社会秩序混乱，无秩序 | |
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16
alleged
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| a.被指控的，嫌疑的 | |
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17
lodged
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| v.存放( lodge的过去式和过去分词 )；暂住；埋入；（权利、权威等）归属 | |
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18
improper
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| adj.不适当的，不合适的，不正确的，不合礼仪的 | |
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19
entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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20
annihilate
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| v.使无效；毁灭；取消 | |
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21
omission
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| n.省略，删节；遗漏或省略的事物，冗长 | |
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incurring
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| 遭受，招致，引起( incur的现在分词 ) | |
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extravagant
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| adj.奢侈的；过分的；(言行等)放肆的 | |
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surmises
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| v.臆测，推断( surmise的第三人称单数 )；揣测；猜想 | |
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25
jealousy
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| n.妒忌，嫉妒，猜忌 | |
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dignified
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| a.可敬的，高贵的 | |
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consonant
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| n.辅音；adj.[音]符合的 | |
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28
unnaturally
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| adv.违反习俗地；不自然地；勉强地；不近人情地 | |
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29
violation
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| n.违反(行为)，违背(行为)，侵犯 | |
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30
impartial
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| adj.(in,to)公正的，无偏见的 | |
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31
specious
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| adj.似是而非的；adv.似是而非地 | |
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32
motive
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| n.动机，目的；adv.发动的，运动的 | |
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cogent
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| adj.强有力的，有说服力的 | |
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attainment
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| n.达到，到达；［常pl.］成就，造诣 | |
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drawn
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| v.拖，拉，拔出；adj.憔悴的，紧张的 | |
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36
rotation
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| n.旋转；循环，轮流 | |
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37
replenished
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| 补充( replenish的过去式和过去分词 )； 重新装满 | |
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38
quorum
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| n.法定人数 | |
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39
joint
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| adj.联合的，共同的；n.关节，接合处；v.连接，贴合 | |
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40
annul
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| v.宣告…无效，取消，废止 | |
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41
impair
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| v.损害，损伤；削弱，减少 | |
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42
sinister
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| adj.不吉利的，凶恶的，左边的 | |
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43
fixed
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| adj.固定的，不变的，准备好的；(计算机)固定的 | |
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44
advancement
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| n.前进，促进，提升 | |
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45
conspiracy
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| n.阴谋，密谋，共谋 | |
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46
stimulated
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| a.刺激的 | |
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47
aggrandizement
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| n.增大，强化，扩大 | |
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48
faction
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| n.宗派，小集团；派别；派系斗争 | |
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49
influential
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| adj.有影响的，有权势的 | |
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50
emolument
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| n.报酬，薪水 | |
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51
subvert
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| v.推翻；暗中破坏；搅乱 | |
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52
intrigues
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| n.密谋策划( intrigue的名词复数 )；神秘气氛；引人入胜的复杂情节v.搞阴谋诡计( intrigue的第三人称单数 )；激起…的好奇心 | |
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53
abetted
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| v.教唆（犯罪）( abet的过去式和过去分词 )；煽动；怂恿；支持 | |
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54
guardianship
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| n. 监护, 保护, 守护 | |
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55
beget
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| v.引起；产生 | |
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56
immediate
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| adj.立即的；直接的，最接近的；紧靠的 | |
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57
vigilant
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| adj.警觉的，警戒的，警惕的 | |
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