Part 20
Compare your past opinions and sentiments with the present proposed establishment, and you will find, that if you adopt it, that it will lead you into a system which you heretofore reprobated as odious. Every American Whig, not long since, bore his emphatic testimony against a monarchical government, though limited, because of the dangerous inequality that it created among citizens as relative to their rights and property; and wherein does this president, invested with his powers and prerogatives, essentially differ from the king of Great Britain (save as to name, the creation of nobility, and some immaterial incidents, the offspring of absurdity and locality). The direct prerogatives of the president, as springing from his political character, are among the following: It is necessary, in order to distinguish him from the rest of the community, and enable him to keep, and maintain his court, that the compensation for his services, or in other words, his revenue, should be such as to enable him to appear with the splendor of a prince; he has the power of receiving ambassadors from, and a great influence on their appointments to foreign courts; as also to make treaties, leagues, and alliances with foreign states, assisted by the Senate, which when made become the supreme law of land: he is a constituent part of the legislative power, for every bill which shall pass the House of Representatives and Senate is to be presented to him for approbation; if he approves of it he is to sign it, if he disapproves he is to return it with objections, which in many cases will amount to a complete negative; and in this view he will have a great share in the power of making peace, coining money, etc., and all the various objects of legislation, expressed or implied in this Constitution: for though it may be asserted that the king of Great Britain has the express power of making peace or war, yet he never thinks it prudent to do so without the advice of his Parliament, from whom he is to derive his support, and therefore these powers, in both president and king, are substantially the same: he is the generalissimo of the nation, and of course has the command and control of the army, navy and militia; he is the general conservator of the peace of the union—he may pardon all offences, except in cases of impeachment, and the principal fountain of all offices and employments. Will not the exercise of these powers therefore tend either to the establishment of a vile and arbitrary aristocracy or monarchy? The safety of the people in a republic depends on the share or proportion they have in the government; but experience ought to teach you, that when a man is at the head of an elective government invested with great powers, and interested in his re-election, in what circle appointments will be made; by which means an _imperfect aristocracy_ bordering on monarchy may be established.
You must, however, my countrymen, beware that the advocates of this new system do not deceive you by a fallacious resemblance between it and your own state government which you so much prize; and, if you examine, you will perceive that the chief magistrate of this state is your immediate choice, controlled and checked by a just and full representation of the people, divested of the prerogative of influencing war and peace, making treaties, receiving and sending embassies, and commanding standing armies and navies, which belong to the power of the confederation, and will be convinced that this government is no more like a true picture of your own than an Angel of Darkness resembles an Angel of Light.
CATO.
Cato, V.
The New York Journal, (Number 2145)
THURSDAY, NOVEMBER 22, 1787.
For the New York Journal, &c.
_To the_ CITIZENS _of the_ STATE _of_ NEW YORK.
In my last number I endeavored to prove that the language of the article relative to the establishment of the executive of this new government was vague and inexplicit; that the great powers of the president, connected with his duration in office, would lead to oppression and ruin; that he would be governed by favorites and flatterers, or that a dangerous council would be collected from the great officers of state; that the ten miles square, if the remarks of one of the wisest men, drawn from the experience of mankind, may be credited, would be the asylum of the base, idle, avaricious and ambitious, and that the court would possess a language and manners different from yours; that a vice-president is as unnecessary as he is dangerous in his influence; that the president cannot represent you because he is not of your own immediate choice; that if you adopt this government you will incline to an arbitrary and odious aristocracy or monarchy; that the president, possessed of the power given him by this frame of government, differs but very immaterially from the establishment of monarchy in Great Britain; and I warned you to beware of the fallacious resemblance that is held out to you by the advocates of this new system between it and your own state governments.
And here I cannot help remarking that inexplicitness seems to pervade this whole political fabric; certainly in political compacts, which Mr. Coke calls _the mother and nurse of repose and quietness_ the want of which induced men to engage in political society, has ever been held by a wise and free people as essential to their security; as on the one hand it fixes barriers which the ambitious and tyrannically disposed magistrate dare not overleap, and on the other, becomes a wall of safety to the community—otherwise stipulations between the governors and governed are nugatory; and you might as well deposit the important powers of legislation and execution in one or a few and permit them to govern according to their disposition and will; but the world is too full of examples, which prove that _to live by one man’s will became the cause of all men’s misery_. Before the existence of express political compacts it was reasonably implied that the magistrate should govern with wisdom and justice; but mere implication was too feeble to restrain the unbridled ambition of a bad man, or afford security against negligence, cruelty or any other defect of mind. It is alleged that the opinions and manners of the people of America are capable to resist and prevent an extension of prerogative or oppression, but you must recollect that opinion and manners are mutable, and may not always be a permanent obstruction against the encroachments of government; that the progress of a commercial society begets luxury, the parent of inequality, the foe to virtue, and the enemy to restraint; and that ambition and voluptuousness, aided by flattery, will teach magistrates where limits are not explicitly fixed to have separate and distinct interests from the people; besides, it will not be denied that government assimilates the manners and opinions of the community to it. Therefore, a general presumption that rulers will govern well is not a sufficient security. You are then under a sacred obligation to provide for the safety of your posterity, and would you now basely desert their interests, when by a small share of prudence you may transmit to them a beautiful political patrimony, which will prevent the necessity of their travelling through seas of blood to obtain that which your wisdom might have secured? It is a duty you owe likewise to your own reputation, for you have a great name to lose; you are characterized as cautious, prudent and jealous in politics; whence is it therefore that you are about to precipitate yourselves into a sea of uncertainty, and adopt a system so vague, and which has discarded so many of your valuable rights? Is it because you do not believe that an American can be a tyrant? If this be the case, you rest on a weak basis: Americans are like other men in similar situations, when the manners and opinions of the community are changed by the causes I mentioned before; and your political compact inexplicit, your posterity will find that great power connected with ambition, luxury and flattery, will as readily produce a Cæsar, Caligula, Nero and Domitian in America, as the same causes did in the Roman Empire.
But the next thing to be considered, in conformity to my plan, is the first article of this new government, which comprises the erection of the house of representatives and the senate, and prescribes their various powers and objects of legislation. The most general objections to the first article, that biennial elections for representatives are a departure from the safe democratic principles of annual ones—that the number of representatives are too few; that the apportionment and principles of increase are unjust; that no attention has been paid to either the numbers or property in each state in forming the senate; that the mode in which they are appointed and their duration will lead to the establishment of an aristocracy; that the senate and president are improperly connected, both as to appointments and the making of treaties, which are to become the supreme law of the land; that the judicial, in some measure, to wit, as to the trial of impeachments, is placed in the senate, a branch of the legislative, and sometimes a branch of the executive; that Congress have the improper power of making or altering the regulations prescribed by the different legislatures, respecting the time, place and manner of holding elections for representatives, and the time and manner of choosing senators; that standing armies may be established, and appropriation of money made for their support for two years; that the militia of the most remote state may be marched into those states situated at the opposite extreme of this continent; that the slave trade is, to all intents and purposes, permanently established, and a slavish capitation or poll-tax may at any time be levied; these are some of the many evils that will attend the adoption of this government.
But, with respect to the first objection, it may be remarked that a well-digested democracy has this advantage over all others, to wit: that it affords to many the opportunity to be advanced to the supreme command, and the honors they thereby enjoy fill them with a desire of rendering themselves worthy of them; hence this desire becomes part of their education, is matured in manhood, and produces an ardent affection for their country, and it is the opinion of the great Sidney and Montesquieu that this is, in a great measure, produced by annual election of magistrates.
If annual elections were to exist in this government, and learning and information to become more prevalent, you never would want men to execute whatever you could design. Sidney observes _that a well-governed state is as fruitful to all good purposes as the seven-headed serpent is said to have been in evil; when one head is cut off, many rise up in the place of it_. He remarks further that _it was also thought that free cities, by frequent election of magistrates, became nurseries of great and able men, every man endeavoring to excel others, that he might be advanced to the honor he had no other title to, than what might arise from his merit or reputation_; but the framers of this _perfect government_, as it is called, have departed from this democratical principle, and established biennial elections for the house of representatives, who are to be chosen by the people, and sextennial for the senate, who are to be chosen by the legislatures of the different states, and have given to the executive the unprecedented power of making temporary senators, in case of vacancies by resignation or otherwise, and so far forth establishing a precedent for virtual representation (though, in fact, their original appointment is virtual), thereby influencing the choice of the legislatures, or if they should not be so complaisant as to conform to his appointment, offence will be given to the executive, and the temporary members will appear ridiculous by rejection; this temporary member, during his time of appointment, will of course act by a power derived from the executive, and for, and under his immediate influence.
It is a very important objection to this government, that the representation consists of so few; too few to resist the influence of corruption, and the temptation to treachery, against which all governments ought to take precautions—how guarded you have been on this head, in your own state constitution, and yet the number of senators and representatives proposed for this vast continent does not equal those of your own state; how great the disparity, if you compare them with the aggregate numbers in the United States. The history of representation in England, from which we have taken our model of legislation, is briefly this: before the institution of legislating by deputies, the whole free part of the community usually met for that purpose; when this became impossible, by the increase of numbers, the community was divided into districts, from each of which was sent such a number of deputies as was a complete representation of the various numbers and orders of citizens within them; but can it be asserted with truth, that six men can be a complete and full representation of the numbers and various orders of the people in this state? Another thing that may be suggested against the small number of representatives is, that but few of you will have a chance of sharing even in this branch of the legislature; and that the choice will be confined to a very few. The more complete it is, the better will your interests be preserved, and the greater the opportunity you will have to participate in government, one of the principal securities of a free people; but this subject has been so ably and fully treated by a writer under the signature of Brutus,(54) that I shall content myself with referring you to him thereon, reserving further observations on the other objections I have mentioned, for my future numbers.
CATO.
Cato, VI.
The New York Journal, (Number 2163)
THURSDAY, DECEMBER 16, 1787.
For the New York Journal, &c.
_To the_ PEOPLE _of the_ STATE _of_ NEW YORK.
The next objection that arises against this proffered constitution is, that the apportionment of representatives and direct taxes are unjust. The words, as expressed in this article, are “representatives and direct taxes shall be apportioned among the several states which may be included in this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.” In order to elucidate this, it will be necessary to repeat the remark in my last number, that the mode of legislation in the infancy of free communities was by the collective body, and this consisted of free persons, or those whose age admitted them to the right of mankind and citizenship, whose sex made them capable of protecting the state, and whose birth may be denominated Free Born; and no traces can be found that ever women, children, and slaves, or those who were not sui juris, in the early days of legislation, meeting with the free members of the community to deliberate on public measures; hence is derived this maxim in free governments, that representation ought to bear a proportion to the number of free inhabitants in a community; this principle your own state constitution, and others, have observed in the establishment of a future census, in order to apportion the representatives, and to increase or diminish the representation to the ratio of the increase or diminution of electors. But, what aid can the community derive from the assistance of women, infants and slaves, in their deliberation, or in their defence? and what motives, therefore, could the convention have in departing from the just and rational principle of representation, which is the governing principle of this state and of all America?
The doctrine of taxation is a very important one, and nothing requires more wisdom and prudence than the regulation of that portion, which is taken from, and of that which is left to the subject—and if you anticipate what will be the enormous expense of this new government added also to your own, little will that portion be which will be left to you. I know there are politicians who believe that you should be loaded with taxes, in order to make you industrious, and, perhaps, there are some of this opinion in the convention, but it is an erroneous principle. For, what can inspire you with industry, if the greatest measure of your labors are to be swallowed up in taxes? The advocates for this new system hold out an idea, that you will have but little to pay, for that the revenues will be so managed as to be almost wholly drawn from the source of trade or duties on imports, but this is delusive—for this government to discharge all its incidental expenses, besides paying the interest on the home and foreign debts, will require more money than its commerce can afford; and if you reflect one moment, you will find, that if heavy duties are laid on merchandise, as must be the case if government intends to make this the prime medium to lighten the people of taxes, that the price of the commodities, useful as well as luxurious, must be increased; the consumers will be fewer; the merchants must import less; trade will languish, and this source of revenue in a great measure be dried up; but if you examine this a little further you will find that this revenue, managed in this way, will come out of you, and be a very heavy and ruinous one, at least. The merchant no more than advances the money for you to the public and will not, nor cannot pay any part of it himself; and if he pays more duties, he will sell his commodities at a price portionably raised. Thus the laborer, mechanic, and farmer must feel it in the purchase of their utensils and clothing—wages, etc., must rise with the price of things or they must be ruined; and that must be the case with the farmer, whose produce will not increase, in the ratio, with labor, utensils and clothing; for that he must sell at the usual price or lower perhaps, caused by the decrease of trade; the consequence will be that he must mortgage his farm, and then comes inevitable bankruptcy.
In what manner then will you be eased, if the expenses of government are to be raised solely out of the commerce of this country; do you not readily apprehend the fallacy of this argument? But government will find that to press so heavily on commerce will not do, and therefore must have recourse to other objects; these will be a capitation or poll-tax, window lights, etc., etc., and a long train of impositions which their ingenuity will suggest; but will you submit to be numbered like the slaves of an arbitrary despot; and what will be your reflections when the tax-master thunders at your door for the duty on that light which is the bounty of heaven. It will be the policy of the great landholders who will chiefly compose this senate, and perhaps a majority of this house of representatives, to keep their lands free from taxes; and this is confirmed by the failure of every attempt to lay a land-tax in this state; hence recourse must and will be had to the sources I mentioned before. The burdens on you will be insupportable—your complaints will be inefficacious—this will beget public disturbances; and I will venture to predict, without the spirit of prophecy, that you and the government, if it is adopted, will one day be at issue on this point. The force of government will be exerted, this will call for an increase of revenue, and will add fuel to the fire. The result will be that either you will revolve to some other form, or that government will give peace to the country by destroying the opposition. If government therefore can, notwithstanding every opposition, raise a revenue on such things as are odious and burdensome to you, they can do anything.
But why should the number of individuals be the principle to apportion the taxes in each state, and to include in that number women, children and slaves? The most natural and equitable principle of apportioning taxes would be in a ratio to their property, and a reasonable impost in a ratio to their trade; but you are told to look for the reason of these things in accommodation; but this much-admired principle, when stripped of its mystery, will in this case appear to be no less than a basis for an odious poll-tax—the offspring of despotic governments, a thing so detestable that the state of Maryland, in their bill of rights, declares “that the levying taxes by the poll is grievous and oppressive, and ought to be abolished.” A poll-tax is at all times oppressive to the poor, and their greatest misfortune will consist in having more prolific wives than the rich.
In every civilized community, even in those of the most democratic kind, there are principles which lead to an aristocracy—these are superior talents, fortunes and public employments. But in free governments the influence of the two former is resisted by the equality of the laws, and the latter by the frequency of elections, and the chance that every one has in sharing in public business; but when this natural and artificial eminence is assisted by principles interwoven in this government; when the senate, so important a branch of the legislature, is so far removed from the people as to have little or no connection with them; when their duration in office is such as to have the resemblance to perpetuity; when they are connected with the executive, by the appointment of all officers, and also to become a judiciary for the trial of officers of their own appointments; added to all this, when none but men of opulence will hold a seat, what is there left to resist and repel this host of influence and power? Will the feeble efforts of the house of representatives, in whom your security ought to subsist, consisting of about seventy-three, be able to hold the balance against them, when, from the fewness of members in this house, the senate will have in their power to poison even a majority of that body by douceurs of office for themselves or friends? From causes like this both Montesquieu and Hume have predicted the decline of the British government into that of an absolute one; but the liberties of this country, it is probable, if this system is adopted, will be strangled in their birth; for whenever the executive and senate can destroy the independence of the majority in the house of representatives, then where is your security? They are so intimately connected, that their interests will be one and the same; and will the slow increase of numbers be able to afford a repelling principle? But you are told to adopt this government first, and you will always be able to alter it afterwards; this would first be submitting to be slaves and then taking care of your liberty; and when your chains are on, then to act like freemen.