Part 19
Will this consolidated republic, if established, in its exercise beget such confidence and compliance, among the citizens of these states, as to do without the aid of a standing army? I deny that it will. The malcontents in each state, who will not be a few, nor the least important, will be exciting factions against it—the fear of a dismemberment of some of its parts, and the necessity to enforce the execution of revenue laws (a fruitful source of oppression) on the extremes and in the other districts of the government, will incidentally and necessarily require a permanent force, to be kept on foot: will not political security, and even the opinion of it, be extinguished? Can mildness and moderation exist in a government where the primary incident in its exercise must be force? Will not violence destroy confidence, and can equality subsist where the extent, policy, and practice of it will naturally lead to make odious distinctions among citizens?
The people who may compose this national legislature from the southern states, in which, from the mildness of the climate, the fertility of the soil, and the value of its productions, wealth is rapidly acquired, and where the same causes naturally lead to luxury, dissipation, and a passion for aristocratic distinction; where slavery is encouraged, and liberty of course less respected and protected; who know not what it is to acquire property by their own toil, nor to economize with the savings of industry—will these men, therefore, be as tenacious of the liberties and interests of the more northern states, where freedom, independence, industry, equality and frugality are natural to the climate and soil, as men who are your own citizens, legislating in your own state, under your inspection, and whose manners and fortunes bear a more equal resemblance to your own?
It may be suggested, in answer to this, that whoever is a citizen of one state is a citizen of each, and that therefore he will be as interested in the happiness and interest of all, as the one he is delegated from; but the argument is fallacious, and, whoever has attended to the history of mankind, and the principles which bind them together as parents, citizens, or men, will readily perceive it. These principles are, in their exercise, like a pebble cast on the calm surface of a river—the circles begin in the center, and are small, active, and forcible, but as they depart from that point, they lose their force, and vanish into calmness.
The strongest principle of union resides within our domestic walls. The ties of the parent exceed that of any other; as we depart from home, the next general principle of union is amongst citizens of the same state, where acquaintance, habits, and fortunes, nourish affection, and attachment; enlarge the circle still further, and, as citizens of different states, though we acknowledge the same national denomination, we lose in the ties of acquaintance, habits, and fortunes, and thus by degrees we lessen in our attachments, till, at length, we no more than acknowledge a sameness of species. Is it, therefore, from certainty like this, reasonable to believe, that inhabitants of Georgia, or New Hampshire, will have the same obligations towards you as your own, and preside over your lives, liberties, and property, with the same care and attachment? Intuitive reason answers in the negative.
In the course of my examination of the principles of consolidation of the states into one general government, many other reasons against it have occurred, but I flatter myself, from those herein offered to your consideration, I have convinced you that it is both presumptuous and impracticable, consistent with your safety. To detain you with further remarks would be useless. I shall, however, continue in my following numbers to analyse this new government, pursuant to my promise.
CATO.
Cato, IV.
The New York Journal, (Number 2140)
THURSDAY, NOVEMBER 8, 1787.
For the New York Journal.
TO THE CITIZENS OF THE STATE OF NEW YORK:
Admitting, however, that the vast extent of America, together with the various other reasons which I offered you in my last number, against the practicability of the just exercise of the new government are insufficient to convince; still it is an undesirable truth, that its several parts are either possessed of principles, which you have heretofore considered as ruinous and that others are omitted which you have established as fundamental to your political security, and must in their operation, I will venture to assert, fetter your tongues and minds, enchain your bodies, and ultimately extinguish all that is great and noble in man.
In pursuance of my plan I shall begin with observations on the executive branch of this new system; and though it is not the first in order, as arranged therein, yet being the _chief_, is perhaps entitled by the rules of rank to the first consideration. The executive power as described in the 2d article, consists of a president and vice-president, who are to hold their offices during the term of four years; the same article has marked the manner and time of their election, and established the qualifications of the president; it also provides against the removal, death, or inability of the president and vice-president—regulates the salary of the president, delineates his duties and powers; and, lastly, declares the causes for which the president and vice-president shall be removed from office.
Notwithstanding the great learning and abilities of the gentlemen who composed the convention, it may be here remarked with deference, that the construction of the first paragraph of the first section of the second article is vague and inexplicit, and leaves the mind in doubt as to the election of a president and vice-president, after the expiration of the election for the first term of four years; in every other case, the election of these great officers is expressly provided for; but there is no explicit provision for their election in case of expiration of their offices, subsequent to the election which is to set this political machine in motion; no certain and express terms as in your state constitution, that _statedly_ once in every four years, and as often as these offices shall become vacant, by expiration or otherwise, as is therein expressed, an election shall be held as follows, &c., this inexplicitness perhaps may lead to an establishment for life.
It is remarked by Montesquieu, in treating of republics, that _in all magistracies, the greatness of the power must be compensated by the brevity of the duration, and that a longer time than a year would be dangerous_. It is, therefore, obvious to the least intelligent mind to account why great power in the hands of a magistrate, and that power connected with considerable duration, may be dangerous to the liberties of a republic, the deposit of vast trusts in the hands of a single magistrate, enables him in their exercise to create a numerous train of dependents; this tempts his _ambition_, which in a republican magistrate is also remarked, _to be pernicious_, and the duration of his office for any considerable time favors his views, gives him the means and time to perfect and execute his designs, _he therefore fancies that he may be great and glorious by oppressing his fellow-citizens, and raising himself to permanent grandeur on the ruins of his country_. And here it may be necessary to compare the vast and important powers of the president, together with his continuance in office, with the foregoing doctrine—his eminent magisterial situation will attach many adherents to him, and he will be surrounded by expectants and courtiers, his power of nomination and influence on all appointments, the strong posts in each state comprised within his superintendence, and garrisoned by troops under his direction, his control over the army, militia, and navy, the unrestrained power of granting pardons for treason, which may be used to screen from punishment those whom he had secretly instigated to commit the crime, and thereby prevent a discovery of his own guilt, his duration in office for four years: these, and various other principles evidently prove the truth of the position, that if the president is possessed of ambition, he has power and time sufficient to ruin his country.
Though the president, during the sitting of the legislature, is assisted by the senate, yet he is without a constitutional council in their recess; he will therefore be unsupported by proper information and advice, and will generally be directed by minions and favorites, or a council of state will grow out of the principal officers of the great departments, the most dangerous council in a free country.
The ten miles square, which is to become the seat of government, will of course be the place of residence for the president and the great officers of state; the same observations of a great man will apply to the court of a president possessing the powers of a monarch, that is observed of that of a monarch—_ambition with idleness_—_baseness with pride_—_the thirst of riches without labor_—_aversion to truth_—_flattery_—_treason_—_perfidy_—_violation of engagements_—_contempt of civil duties_—_hope from the magistrate’s weakness_; _but above all, the perpetual ridicule of virtue_—these, he remarks, are the characteristics by which the courts in all ages have been distinguished.
The language and the manners of this court will be what distinguishes them from the rest of the community, not what assimilates them to it; and in being remarked for a behavior that shows they are not _meanly born_, and in adulation to people of fortune and power.
The establishment of a vice-president is as unnecessary as it is dangerous. This officer, for want of other employment, is made president of the senate, thereby blending the executive and legislative powers, besides always giving to some one state, from which he is to come, an unjust pre-eminence.
It is a maxim in republics that the representative of the people should be of their immediate choice; but by the manner in which the president is chosen, he arrives to this office at the fourth or fifth hand, nor does the highest vote, in the way he is elected, determine the choice, for it is only necessary that he should be taken from the highest of five, who may have a plurality of votes.
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.