Representation in the House: Thoughts by Fisher Ames, 1788
In the Massachusetts Convention, 15 January 1788, as the provision of the Constitution were being reviewed and debated, some felt that election to the House should be an annual affair as a safeguard for the people's liberty. Fisher Ames defended the Constitutional provision for a biennial election in the lower house (Representatives) as appropriate for the proposed federal government. What follows is the essence of his thinking on the matter.
Of interest, he also addressed the "liberty of nature," which has been included below.
August Glen-James, editor
"Faction and enthusiasm are the instruments by which popular governments are destroyed. We need not talk of the power of an aristocracy. The people, when they lose their liberties, are cheated out of them. They nourish factions in their bosoms, which will subsist so long as abusing their honest credulity shall be the means of acquiring power."
On the Frequency of Election:
A right principle, carries to an extreme, becomes useless. It is apparent that a declaration for a very short term, as for a single day, would defeat the design of representation. The election in that case would not seem to the people to be of any importance, and the person elected would think as lightly of his appointment. The other extreme is equally to be avoided. An election for a very long term of years, or for life, would remove the member too far from the control of the people, would be dangerous to liberty, and, in fact, repugnant to the purposes of the delegation. The truth, as usual, is placed somewhere between the extremes, and, I believe, is included in the proposition: the terms of election must be so long that the representative may understand the interests of the people, and yet so limited, that his fidelity may be secured by a dependence upon their approbation.
On the Delegation of Power:
Much has been said about the people’s divesting themselves of power, when they delegate it to representatives; and that all representation is to their disadvantage, because it is but an image, a copy, fainter and more imperfect than the original, the people, in whom the light of power is primary and unborrowed, which is only reflected by their delegates. I cannot agree to either of these opinions. The representation of the people is something more than the people. I know, sir, but one purpose which the people can effect without delegation, and that is, to destroy a government. That they cannot erect a government, is evinced by our being thus assembled on their behalf. The people must govern by a majority, with whom all power resides. But how is the sense of this majority to be obtained? It has been said that a pure democracy is the best government for a small people who assemble in person. It is of small consequence to discuss it, as it would be inapplicable to the great country we inhabit. It may be of some use in this argument, however, to consider that it would be very burdensome, subject to faction and violence; decisions would often be made by surprise, in the precipitancy of passion, by men who either understand nothing, or care nothing about the subject; or by interested men, or those who vote for their own indemnity. It would be a government not by laws, but by men.
Such were the paltry democracies of Greece and Asia Minor, so much extolled, and so often proposed as a model for our imitation. I desire to be thankful, that our people are not under any temptation to adopt the advice. I think it will not be denied that the people are gainers by the election of representatives. They may destroy, but they cannot exercise, the powers of government in person; but by their servants they govern; they do not renounce their powers; they do not sacrifice their rights; they become the true sovereigns of the country when they delegate that power, which they cannot use themselves, to their trustees. . . .
If we consider the objects of their delegation, little doubt will remain. It is admitted that annual elections may be highly fit for the state legislature. Every citizen grows up with a knowledge of the local circumstances of the state. But the business of the federal government will be very different. The objects of their power are few and national. At least two years in office will be necessary to enable a man to judge of the trade and interests of the state which he never saw. The time, I hope, will come, when this excellent country will furnish food, and freedom (which is better than food, which is the food of the soul) for fifty millions of happy people. Will any man say, that the national business can be understood in one year?
Biennial elections appear to me, sir, an essential security to liberty. These are my reasons:
Faction and enthusiasm are the instruments by which popular governments are destroyed. We need not talk of the power of an aristocracy. The people, when they lose their liberties, are cheated out of them. They nourish factions in their bosoms, which will subsist so long as abusing their honest credulity shall be the means of acquiring power. A democracy is a volcano, which conceals the fiery materials of its own destruction. These will produce an eruption, and carry desolation in their way. The people always mean right, and, if time is allowed for reflection and information, they will do right. I would not have the first wish, the momentary impulse of the public mind become law; for it is not always the sense of the people, which whom I admit that all power resides. On great questions, we first hear the loud clamors of passion, artifice, and faction. I consider biennial elections as a security that the sober, second thought of the people shall be law. There is a calm review of public transactions, which is made by the citizens, who have families and children, the pledges of their fidelity. To provide for popular liberty, we must take care that measures shall not be adopted without due deliberation. The member chosen for two years will feel some independence in his seat. The factions of the day will expire before the end of his term.
The people will be proportionably attentive to the merits of a candidate. Two years will afford opportunity to the member to deserve well of them, and they will require evidence that he has done it.
But, sir, the representatives are the grand inquisition of the Union. They are, by impeachment, to bring great offenders to justice. One year will not suffice to detect guilt, and to pursue it to conviction; therefore, they will escape, and the balance of the two branches will be destroyed, and the people oppressed with impunity. The senators will represent the sovereignty of the States. The representatives are to represent the people. The offices ought to bear some proposition in point of importance. This will be impossible if they are chosen for one year only.
Will the people then blind the eyes of their own watchmen? Will they bind the hands which are to hold the sword for the defence? Will they impair their own power by an unreasonably jealousy of themselves?
For these reasons, I am clearly of opinion that the article is entitled to our approbation as it stands; and as it has been demanded, why annual elections were not preferred to biennial, permit me to retort the question, and to inquire, in my turn, what reason can be given, why, if annual elections are good, biennial elections are not better?
On the Liberty of Nature:
I know, sir, that the people talk about the liberty of nature, and assert that we divest ourselves of a portion of it when we enter into society. This is declamation against matter of fact. We cannot live without society; and as to liberty, how can I be said to enjoy that which another may take from me when he pleases? The liberty of one depends not so much on the removal of all restraint from him, as on the due restraint upon the liberty of others. Without such restraint, there can be no liberty. Liberty is so far from being endangered or destroyed, by this, that it is extended and secured. For I said that we do not enjoy that which another may take from us. But civil liberty cannot be taken from us, when any one may please to invade it; for we have the strength of society on our side.
Sheehan, C. A., & McDowell, G. L. (1998). Friends of the constitution: Writings of the "Other" federalists, 1787-1788. Liberty Fund.