Cato V,
New York Journal, 22 November 1787
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, cruelly, or any other defect of mind. It is alledged 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 characterised 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 Caesar, 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 senate,
and prescribes their various powers and objects of legislation. The most general objections
to the first article, are that bi-ennial elections for representatives are a departure from the
safe democratical 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 some times 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 fills 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 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 will 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 elections 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 bi-ennial 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
may be suggested against the small number of representatives is, that but few of you will
have the 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, 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.
Cite as: The Documentary History of the Ratification of the Constitution Digital Edition, ed. John P.
Kaminski, Gaspare J. Saladino, Richard Leffler, Charles H. Schoenleber and Margaret A.
Hogan. Charlottesville: University of Virginia Press, 2009.
Original source: Ratification by the States, Volume XIX: New York, No. 1
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