Kitabı oku: «A Collection of Essays and Fugitiv Writings», sayfa 6

No. VI

 NEW YORK, 1788.

On GOVERNMENT

I have said,³¹ "that the people ought not to give binding instructions to Representativs." "That they cannot exercise any act of supremacy or legislation at all but in a Convention of the whole State, or of the Representativs of the whole State." And "That the right of election is the only constitutional right which they can with propriety exercise." That these positions, however repugnant to the received opinions of the present age, are capable of political demonstration, is to me unquestionable. They all convey nearly the same idea, and if true, they contravene, in some measure, a fundamental maxim of American politics, which is, that "the sovereign power resides in the people."

I am not desirous of subverting this favorite maxim; but I am very desirous it should be properly qualified and understood; for the abuse of it is capable of shaking any government; and I have no doubt that the mistakes which this maxim has introduced, have been the principal sources of rebellion, tumult and disorder in several of the American States.

It is doubtless true, that the individuals who compose a political society or State, have a sovereign right to establish what form of government they please in their own territories. But in order to deliberate upon the subject, they must all convene together, as in Rome and Athens; or must send deputies, vested with powers to act for them, as is the practice in England and America. If they adopt the first method, then the Supreme Legislativ power resides, to all intents and purposes, in the whole body of the people. If, from the local circumstances of the people, the whole body cannot meet for deliberation, then the Legislativ powers do not reside in the people at large, but in an assembly of men delegated by the whole body.

To prove this last position, it is necessary to enquire, what is the object of law, and on what principles ought it to be founded? A law, if I understand the term, is an act of the whole State, operating upon the whole State, either by command or prohibition: It is thus distinguished from a resolve which more properly respects an individual or a part of the State.³² The object of a law is to prevent positiv evil or produce positiv good to the whole State; not merely to a particular part. The principle therefore on which all laws should be founded, is, a regard to the greatest good which can be produced to the greatest number of individuals in the State. The principle is so obvious, that I presume it will not be controverted. Permit me then to enquire, whether the people of any district, county or town, in their local meetings, are competent to judge of this general good? A law, which is, in its operation general, must be founded on the best general information: The people themselves have no right to consent to a law, without this general information: They have no right to consent to a law, on a view of a local interest; nor without hearing the objections and arguments, and examining the amendments, suggested by every part of the community, which is to be affected by that law. To maintain the contrary is to defend the most glaring contradictions. But can the inhabitants, in detached associations, be acquainted with these objections and arguments? Can they know the minds of their brethren at the distance of three or five hundred miles? If they cannot, they do not possess the right of legislation. Little will it avail to say, that the people acquire the necessary information by newspapers, or other periodical publications: There are not more than two States in the thirteen, where one half the freemen read the public papers. But if every freeman read the papers, this would not give him the information necessary to qualify him for a Legislator; for but a small part of the intelligence they contain is official, which alone can be the ground of law; nor can the collectiv sense of a nation or state be gathered from newspapers. The whole body of people, or Representativs of the whole body, are the only vehicles of information which can be trusted, in forming a judgement of the true interest of the whole State.

If the collectiv sense of a State is the basis of law, and that sense can be known officially no where but in an Assembly of all the people or of their Representativs; or in other words, if there can be no such thing as a collection of sentiments made in any other manner, than by a Convention of the whole people or their Delegates, where is the right of instructing Representativs? The sense of the people, taken in small meetings, without a general knowlege of the objections, and reasonings of the whole State, ought not to be considered as the true sense of the State; for not being possessed of the best general information, the people often form wrong opinions of their own interest. Had I the journals of the several Legislatures in America, I would prove to every man's satisfaction, that most of the schemes for paper money, tender laws, suspension of laws for the recovery of debts, and most of the destructiv measures which have been pursued by the States, have originated in towns and counties, and been carried by positiv instructions from constituents to Representativs. The freemen, in these cases, have wrong ideas of their own interest; their error, in the first instance, is ascribeable merely to ignorance, or a want of that just information, which they themselves would obtain in a General Assembly.³³ The right therefore of prescribing rules to govern the votes of Representativs, which is so often assumed, frequently amounts to a right of doing infinite mischief, with the best intentions. There is perhaps no case in which the people at large are so capable of knowing and pursuing their own interest, as their Delegates are when assembled for consultation and debate. But the practice of giving binding instructions to Representativs, if it has any foundation, is built on this maxim, that the constituents, on a view of their local interests, and either with none, or very imperfect information, are better judges of the propriety of a law, and of the general good, than the most judicious men are (for such generally are the Representativs) after attending to the best official information from every quarter, and after a full discussion of the subject in an Assembly, where clashing interests conspire to detect error, and suggest improvements. This maxim is obviously false; and a practice built on it, cannot fail to produce laws, inaccurate, contradictory, capricious and subversive of the first rights of men. Perhaps no country, except America, ever experienced the fatal effects of this practice, and I blush to remark, what candor itself must avow, that few arbitrary governments, have in so short a period, exhibited so many legal infractions of sacred right; so many public invasions of private property; so many wanton abuses of legislativ powers! Yet the people are generally honest; and as well informed as the people of any country. Their errors proceed from ignorance; from false maxims of governments. The people attempt to legislate without the necessary qualifications for lawgivers; yes, they legislate at home! and while this practice subsists, our public measures will be often weak, imperfect, and changeable; and sometimes extremely iniquitous. From these considerations, it appears that the powers of a Representativ should be wholly discretionary when he acts as a Legislator; but as an agent for a town or small society, he may have positiv instructions. His constituents, in the last case, are competent to instruct him, because they are the whole body concerned; but in the first instance, they are but a part of the State, and not competent to judge fully of the interest of the whole.

To place the matter in the strongest point of light, let us suppose a small State, in which the whole body of people meet for the purpose of making laws. Suppose in this democracy, the people of a town or other district should desire a particular act, for instance, a tender law. Would the inhabitants of this town, have a right to meet a few weeks before the General Assembly, where they all would expect to be present, to debate and vote; and in this town meeting take an oath, or otherwise bind themselves to vote for the act? Would they have a right to shut their ears against argument; to lay a restraint upon their own minds; to exclude the possibility of conviction, and solemnly swear to vote in a certain manner, whether right or wrong! If in this case, the people of a district have no right to lay a restraint upon themselves before they enter the General Assembly, neither have they a right, in representativ democracies, to lay such a restraint upon their Delegates. The very reason why they are incompetent to direct their Deputies, is that they cannot determine how to act themselves, till they come into the Assembly. The very doctrine of representation in government excludes the right of giving binding instructions to Deputies. The design of choosing Representativs is to collect the wisdom of the State; the Deputies are to unite their Councils; to meet and consult for the public safety: But positiv instructions prevent this effect; they are dictated by local interests, or opinions formed on an imperfect view of facts and arguments; in short they totally counteract the good effects of public deliberations, and prevent those salutary measures which may result from united Councils. They make the opinions of a small part of the State a rule for the whole; they imply a decision of a question, before it is heard; they reduce a Representativ to a mere machine, by restraining the exercise of his reason; they subvert the very principles of republican government.

But let us attend to the inconsistency of the practice. The oath required of a Representativ, before he takes his seat, binds him to vote or act from a regard to the public good, according to his judgement and the best of his abilities. Some of the Constitutions contain an oath that binds a Representativ, not to assent to, or vote for, any act that he shall deem injurious to the people. But what opinion, what judgement can a man exercise, who is under the restraint of positiv instructions? Suppose a man so instructed should in conscience believe that a bill, if enacted, would be prejudicial to his constituents, yet his orders bind him to vote for it; how would he act between his oath and his instructions? In his oath he has sworn to act according to his judgment, and for the good of the people; his instructions forbid him to use his judgment, and bind him to vote for a law which he is convinced will injure his constituents. He must then either abandon his orders or his oath; perjury or disobedience is his only alternativ.

This is no imaginary situation; I presume that many men have experienced it. One very worthy member of the Legislature in this State³⁴ a few years since, was in that very predicament; and I heard him express great anxiety upon the occasion.

How noble was the conduct of that gentleman in Sandwich (Mass.) who, being chosen to represent the town in the late Convention, and instructed to vote against the Constitution, at all events; notwithstanding any thing that might be said in favor of it; rather than submit to be fettered in this manner, resigned his appointment. The name of this gentleman, Thomas Bourn, Esq. ought to be held in veneration by every true friend to his country, and his address to the electors on that occasion, ought to be written in letters of gold. It is recorded in these words: "Fellow Townsmen—The line of conduct which has appeared to me right, I have ever wished to pursue. In the decline of life, when a few revolving suns at most will bring me to the bar of impartial justice, I am unwilling to adopt a different, and less honest mode of acting. It is true, my sentiments at present are not in favor of the Constitution; open however to conviction, they may be very different, when the subject is fairly discussed by able and upright men. To place myself in a situation, where conviction could be followed only by a bigotted persistence in error, would be extremely disagreeable to me. Under the restrictions with which your Delegates are fettered, the greatest ideot may answer your purpose as well as the greatest man. The suffrages of our fellow men, when they neither repose confidence in our integrity, nor pay a tribute of respect to our abilities, can never be agreeable. I am therefore induced positivly to decline accepting a seat in Convention, whilst I sincerely wish you, gentlemen, and my countrymen, every blessing which a wise and virtuous administration of a free government can secure."

Such a bold and honest independence of mind are the marks of a good Legislator. With such men as Mr. Bourn, in the legislativ department, our lives, liberties and properties are safe. Such a genius, rising amidst the obscurity of errors and false maxims, like a star emerging from chaos, spreads the rays of truth and illuminates the surrounding hemisphere. Considering the circumstances in which this gentleman was then placed, I had rather be the author of that short address, than of all the labored dissertations which have been written upon the proposed constitution.

Another error, which is connected with the practice of instructing Representativs, and may perhaps be one cause of it, is the opinion that a Deputy chosen by a certain number of freemen, is their Representativ only or particularly: It seems to be believed that a Representativ is bound to attend to the particular interest of the men who elect him, rather than to the general interest. If this were true, it would obviate, in some measure, the objections against instructions. But with respect to every general act, the opinion is clearly false. The reason why men are chosen by small societies of freemen, and not by the whole body, is, that the whole body cannot be well acquainted with the most able men in the different parts of the State. It is the best expedient to correct the defects of government, or rather, it is the best practicable mode of election. To render the mode perfect, the whole body of freemen should be at liberty to choose their Delegates from the whole body. This would destroy, in a great measure, the local views and attachments which now embarrass government; every Representativ would be chosen by the whole body; and the interest of the whole number of constituents would be his object.

This mode is either impracticable or hazardous; notwithstanding this, when a Delegate is elected by a part of the State, he is really the Representativ of the whole, as much as if he were elected by the whole. The constituents of every Representativ are not solely those who voted for him, but the whole State, and the man that acts from a local interest, and attends merely to the wishes of those men who elected him, violates his oath, and abuses his trust. Hence the absurdity of instructions, which are generally dictated by a partial interest, and can perhaps in no case be the sole rule of a Legislator's conduct. When therefore a Representativ says, such is the wish of my constituents; such are their directions; his declaration is but partially true; for his instructions are the wishes of a part only of his constituents. His constituents, whom he actually represents, and whose greatest interest is the sole rule of his conduct, are the whole body of freemen. This is an important truth, and I must repeat it; the man who is deputed to make laws for a State, and suffers a local interest to influence his conduct, abuses a sacred trust; and the Representativ who obeys his instructions, in opposition to the conviction of his own mind, arising from a general view of public good, is guilty of a species of perjury.

Such are the opinions, which after long deliberation, I have formed respecting the principles of a republican government. I feel a diffidence in publishing sentiments so repugnant to the principles received by my countrymen and recognized by some of the State Constitutions. But a strong persuasion of the truth of these opinions, acquired by reasoning, and confirmed by several years observations, forbids me to suppress them.

A summary of the truths, deduced from the foregoing reasoning, is this: That the power of a State is at all times equal; that neither the people themselves, nor a Convention of their Delegates, have either the power or the right to make an unalterable Constitution; that the power of creating a legislativ body, or the sovereign right of election, is solely in the people; but the sovereign power of making laws is solely in an Assembly of their Representativs; that the people have no right to give binding instructions to their Representativs; consequently a distinction between a Convention and a Legislature, can be merely a difference of forms; that Representativs have no right to prolong the period of their delegation; that being taken from the mass of the people, and having a common interest with them, they will be influenced, even by private interest, to promote the public good; and that such a government, which is a novelty on earth, is perhaps the best that can be framed, and the only form which will always have for its object, the general good.

No. VII

 PHILADELPHIA, 1787.

REMARKS on the MANNERS, GOVERNMENT, and DEBT of the United States

Since the declaration and establishment of a general peace, and since this country has had an opportunity to experience the effects of her independence, events have taken place, which were little expected by the friends of the revolution. It was expected, that on the ratification of peace, by the belligerent powers, America would enjoy perfect political tranquillity. The statesman in his closet, and the divine in his addresses to heaven, predicted and anticipated the happy period, when every man would rest, unmolested, under his own vine and his own fig tree. The merchant foresaw, in vision, the ports of all nations open to his ships, and the returns of a favorable commerce pouring wealth into his coffers. The honest laborer, in the shop and the field, was told that independence and peace would forever remove the fears of oppression, would lighten his burthen, and give him legal security for the uninterrupted possession of his rights. This flattering prospect inspired an irresistible enthusiasm in war. The contention for freedom was long and arduous; the prize was obtained; the delusion vanished, and America is surprized at the disappointment.

Instead of general tranquillity, one State has been involved in a civil war, and most of them are torn with factions, which weaken or destroy the energy of government. Instead of a free commerce with all the world, our trade is every where fettered with restraints and impositions, dictated by foreign interest; and instead of pouring wealth into our country, its present tendency is, to impoverish both the merchant and the public. Instead of legal security of rights under governments of our own choice, and under our own control, we find property at least unsafe, even in our best toned government. Our charters may be wrested from us without a fault, our contracts may be changed or set aside without our consent, by the breath of a popular Legislature. Instead of a dimunition of taxes, our public charges are multiplied; and to the weight of accumulating debts, we are perpetually making accessions by expensiv follies. Instead of a union of States and measures, essential to the welfare of a great nation, each State is jealous of its neighbor, and struggling for the superiority in wealth and importance, at the hazard even of our federal existence.

This is the dark side of our public affairs; but such are the facts. The public and private embarrassments, which are both seen and felt, are the topics of incessant declamation. The rhapsodies of orators, and the publications in gazettes, from the northern to the southern extremity of the United States, concur in deprecating the present state of this country, and communicate the intelligence of our distresses to the whole civilized world. Nor are newspapers the only heralds of our calamities. The contempt of government among one class of men, the silent murmurs of poverty in the peaceful cottage, and numerous bankrupts in every quarter, are irresistible evidence to a thinking mind, that something is wrong.

But declamation is idle, and murmurs fruitless. Time has been when the minds of people were alarmed at the approaches of despotism: Then harangues roused attention; then mobs raised the temple of freedom, and declared themselves ready to be sacrificed upon her altar. But violent passions in the public as well as in the human body, are always transitory. That enthusiasm which was called public spirit, heroic virtue, and love of country, has long ago subsided, and is absorbed in the general steady principle, private interest. That enthusiasm is not to be rekindled. The expostulations of our rulers and patriotic writers, have no more effect in reviving public spirit, than the attraction of a meteor in raising a tide.

Men, who embraced revolution principles, because independence might save a few shillings in taxes, or extend the imaginary sphere of freedom; who expected that peace would place them in a paradise of blessings, where they might riot without the fatigue of exertion; such men had narrow views of the consequence of detaching America from a transatlantic jurisdiction. They viewed but a small part of the great event: They are, they ought to be disappointed. Such men expect effects without causes, and are ready to despond, or commence enemies to a glorious event, because miracles are not wrought to verify their ill founded predictions.

In this view, this insect view of things, the revolution ought to be considered as extremely unfortunate; for to the present generation, it must certainly prove so.

But on the general scale of human happiness, every man of reflection must rejoice at the illustrious event. Even the propriety of the independence of these States, is so obviously dictated by their local situation, that a generous European ought to have consented to the measure on this single principle. But taking into consideration the vast field which is here opened for improvements in science, in government, in religion, and in morals; the philosopher will felicitate himself with the prospect of discoveries favorable to arts and happiness; the statesman will rejoice that there is a retreat from the vassalage of Europe; the divine will bless God that a place has been reserved for an uncorrupted church; and the philanthropist, who compares the yeomanry of America with the peasantry of Europe, will congratulate himself on an event which has removed millions of people from the ambition of princes, and from a participation of the vices, which mark the decline of nations.

The revolution of America, whatever may be the present effects, must, on the universal scale of policy, prove fortunate, not only for the parties, but for mankind in general. The period, however, when this country will realize the happy consequences of her separation, must be remote; probably beyond the lives of the present generation.

It is worth our curiosity to inquire into the causes of our present political evils; not the more obvious causes, which every man sees and laments, but those radical causes which lie hid from common observation; whose operations are imperceptible, but whose effects are visible, even to a vulgar eye.

A fundamental mistake of the Americans has been, that they considered the revolution as completed, when it was but just begun. Having raised the pillars of the building, they ceased to exert themselves, and seemed to forget that the whole superstructure was then to be erected. This country is independent in government; but totally dependent in manners, which are the basis of government. Men seem not to attend to the difference between Europe and America, in point of age and improvement; and are disposed to rush, with heedless emulation, into an imitation of manners, for which we are not prepared.

Every person tolerably well versed in history, knows that nations are often compared to individuals and to vegetables, in their progress from their origin to maturity and decay. The resemblance is striking and just. This progress is as certain in nations as in vegetables; it is as obvious, and its causes more easily understood; in proportion as the secret springs of action in government are more easily explained, than the mechanical principles of vegetation.

This progress therefore being assumed as a conceded fact, suggests a forcible argument against the introduction of European manners into America. The business of men in society is, first, to secure their persons and estates by arms and wholesome laws; then to procure the conveniences of life by arts and labor; but it is in the last stages only of national improvement, when luxury and amusements become public benefits, by dissipating accumulations of wealth, and furnishing employment and food for the poor. And luxury then is not beneficial, except when the wealth of a nation is wasted within itself. It is perhaps always true, that an old civilized nation cannot, with propriety, be the model for an infant nation, either in morals, in manners or fashions, in literature or in government.

The present ambition of Americans is, to introduce as fast as possible, the fashionable amusements of the European courts. Considering the former dependence of America on England, her descent, her connexion and present intercourse, this ambition cannot surprise us. But it must check this ambition to reflect on the consequences. It will not be denied, that there are vices predominant in the most polite cities in Europe, which are not only unknown, but are seldom mentioned in America; and vices that are infamous beyond conception. I presume it will not be denied that there must be an amazing depravation of mind in a nation, where a farce is a publication of more consequence than Milton's Poem; and where an opera dancer, or an Italian singer, receives a salary equal to that of an Ambassador. The facts being known and acknowleged, I presume the consequence will not be denied. Not that this charge is good against every individual; even in the worst times, there will be found many exceptions to the general character of a nation.

If these vices and the depravation of mind do actually exist, it is a proof of a gradual corruption; for there was a time when they did not exist. There was a time when decency was a virtue, even at Venice. The progress is also slow, unless hastened by some external circumstances. It was more than two thousand years from the building of Rome to the pontificate of Alexander the VIth whose naked revelings filled the measure of public vice, and strike the human mind with horror.

A constant increase of wealth is ever followed by a multiplication of vices: This seems to be the destiny of human affairs; wisdom, therefore, directs us to retard, if possible, and not to accelerate the progress of corruption. But an introduction of the fashionable diversions of Europe into America, is an acceleration of the growth of vices which are yet in their infancy, and an introduction of new ones too infamous to be mentioned. A dancing school among the Tuscaroras, is not a greater absurdity than a masquerade in America. A theater, under the best regulations, is not essential to our public and private happiness. It may afford entertainment to individuals; but it is at the expense of private taste and public morals. The great misfortune of all exhibitions of this kind is this; that they reduce all taste to a level. Not only the vices of all classes of people are brought into view, but of all ages and nations. The intrigues of a nobleman, and the scurrility of shoe blacks, are presented to the view of both sexes, of all ages; the vices of the age of Elizabeth and of Charles IId are recorded by the masterly pens of a Shakespeare and a Congreve, and by repeated representation, they are "hung on high," as the poet expresses it, "to poison half mankind." The fact is, that all characters must be presented upon a theater, because all characters are spectators; and a nobleman and a sailor, a dutchess and a washer woman, that attend constantly on the exhibitions of vice, become equally depraved; their tastes will be nearly alike as to vice; the one is as prepared for a crime as the other. It is for this reason, that many of the amusements of nations more depraved than ourselves, are highly pernicious in this country. They carry us forward by hasty strides, to the last stages of corruption; a period that every benevolent man will deprecate and endeavor to retard. This circumstance, the difference in the stages of our political existence, should make us shun the vices which may be politic and even necessary in older states; and endeavor to preserve our manners by being our own standards. By attaching ourselves to foreign manners, we counteract the good effects of the revolution, or rather render them incomplete. A revolution in the form of government, is but a revolution in name; unless attended with a change of principles and manners, which are the springs of government.

This leads me to treat more particularly of the influence of fashions on the interests of these States; an article in which the ladies are deeply interested.

Fashion in itself is a matter of indifference, as affecting neither morals nor politeness. It is of no consequence whether a lady is clad with a gown or a frock; or whether a gentleman appears in public with a cap or a wig. But there may be times and situations in which the most trifling things become important. The practice of imitating foreign modes of dress, cannot cost America less than 100,000l. a year. I speak not of the necessary articles of dress; but merely of changes of fashions.