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Federalist
No. 72
The Same Subject Continued,
and Re-Eligibility of the Executive Considered - From
the New York Packet Friday, March 21, 1788. |
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Author: Alexander Hamilton
To the People of the State of New York:
THE administration of government, in its largest sense,
comprehends all the operations of the body politic, whether
legislative, executive, or judiciary; but in its most usual, and
perhaps its most precise signification. it is limited to
executive details, and falls peculiarly within the province of
the executive department. The actual conduct of foreign
negotiations, the preparatory plans of finance, the application
and disbursement of the public moneys in conformity to the
general appropriations of the legislature, the arrangement of
the army and navy, the directions of the operations of war,
these, and other matters of a like nature, constitute what seems
to be most properly understood by the administration of
government. The persons, therefore, to whose immediate
management these different matters are committed, ought to be
considered as the assistants or deputies of the chief
magistrate, and on this account, they ought to derive their
offices from his appointment, at least from his nomination, and
ought to be subject to his superintendence. This view of the
subject will at once suggest to us the intimate connection
between the duration of the executive magistrate in office and
the stability of the system of administration. To reverse and
undo what has been done by a predecessor, is very often
considered by a successor as the best proof he can give of his
own capacity and desert; and in addition to this propensity,
where the alteration has been the result of public choice, the
person substituted is warranted in supposing that the dismission
of his predecessor has proceeded from a dislike to his measures;
and that the less he resembles him, the more he will recommend
himself to the favor of his constituents. These considerations,
and the influence of personal confidences and attachments, would
be likely to induce every new President to promote a change of
men to fill the subordinate stations; and these causes together
could not fail to occasion a disgraceful and ruinous mutability
in the administration of the government.
With a positive duration of considerable extent, I connect the
circumstance of re-eligibility. The first is necessary to give
to the officer himself the inclination and the resolution to act
his part well, and to the community time and leisure to observe
the tendency of his measures, and thence to form an experimental
estimate of their merits. The last is necessary to enable the
people, when they see reason to approve of his conduct, to
continue him in his station, in order to prolong the utility of
his talents and virtues, and to secure to the government the
advantage of permanency in a wise system of administration.
Nothing appears more plausible at first sight, nor more
ill-founded upon close inspection, than a scheme which in
relation to the present point has had some respectable
advocates, I mean that of continuing the chief magistrate in
office for a certain time, and then excluding him from it,
either for a limited period or forever after. This exclusion,
whether temporary or perpetual, would have nearly the same
effects, and these effects would be for the most part rather
pernicious than salutary.
One ill effect of the exclusion would be a diminution of the
inducements to good behavior. There are few men who would not
feel much less zeal in the discharge of a duty when they were
conscious that the advantages of the station with which it was
connected must be relinquished at a determinate period, than
when they were permitted to entertain a hope of OBTAINING, by
MERITING, a continuance of them. This position will not be
disputed so long as it is admitted that the desire of reward is
one of the strongest incentives of human conduct; or that the
best security for the fidelity of mankind is to make their
interests coincide with their duty. Even the love of fame, the
ruling passion of the noblest minds, which would prompt a man to
plan and undertake extensive and arduous enterprises for the
public benefit, requiring considerable time to mature and
perfect them, if he could flatter himself with the prospect of
being allowed to finish what he had begun, would, on the
contrary, deter him from the undertaking, when he foresaw that
he must quit the scene before he could accomplish the work, and
must commit that, together with his own reputation, to hands
which might be unequal or unfriendly to the task. The most to be
expected from the generality of men, in such a situation, is the
negative merit of not doing harm, instead of the positive merit
of doing good.
Another ill effect of the exclusion would be the temptation to
sordid views, to peculation, and, in some instances, to
usurpation. An avaricious man, who might happen to fill the
office, looking forward to a time when he must at all events
yield up the emoluments he enjoyed, would feel a propensity, not
easy to be resisted by such a man, to make the best use of the
opportunity he enjoyed while it lasted, and might not scruple to
have recourse to the most corrupt expedients to make the harvest
as abundant as it was transitory; though the same man, probably,
with a different prospect before him, might content himself with
the regular perquisites of his situation, and might even be
unwilling to risk the consequences of an abuse of his
opportunities. His avarice might be a guard upon his avarice.
Add to this that the same man might be vain or ambitious, as
well as avaricious. And if he could expect to prolong his honors
by his good conduct, he might hesitate to sacrifice his appetite
for them to his appetite for gain. But with the prospect before
him of approaching an inevitable annihilation, his avarice would
be likely to get the victory over his caution, his vanity, or
his ambition.
An ambitious man, too, when he found himself seated on the
summit of his country's honors, when he looked forward to the
time at which he must descend from the exalted eminence for
ever, and reflected that no exertion of merit on his part could
save him from the unwelcome reverse; such a man, in such a
situation, would be much more violently tempted to embrace a
favorable conjuncture for attempting the prolongation of his
power, at every personal hazard, than if he had the probability
of answering the same end by doing his duty.
Would it promote the peace of the community, or the stability of
the government to have half a dozen men who had had credit
enough to be raised to the seat of the supreme magistracy,
wandering among the people like discontented ghosts, and sighing
for a place which they were destined never more to possess?
A third ill effect of the exclusion would be, the depriving the
community of the advantage of the experience gained by the chief
magistrate in the exercise of his office. That experience is the
parent of wisdom, is an adage the truth of which is recognized
by the wisest as well as the simplest of mankind. What more
desirable or more essential than this quality in the governors
of nations? Where more desirable or more essential than in the
first magistrate of a nation? Can it be wise to put this
desirable and essential quality under the ban of the
Constitution, and to declare that the moment it is acquired, its
possessor shall be compelled to abandon the station in which it
was acquired, and to which it is adapted? This, nevertheless, is
the precise import of all those regulations which exclude men
from serving their country, by the choice of their fellow
citizens, after they have by a course of service fitted
themselves for doing it with a greater degree of utility.
A fourth ill effect of the exclusion would be the banishing men
from stations in which, in certain emergencies of the state,
their presence might be of the greatest moment to the public
interest or safety. There is no nation which has not, at one
period or another, experienced an absolute necessity of the
services of particular men in particular situations; perhaps it
would not be too strong to say, to the preservation of its
political existence. How unwise, therefore, must be every such
self-denying ordinance as serves to prohibit a nation from
making use of its own citizens in the manner best suited to its
exigencies and circumstances! Without supposing the personal
essentiality of the man, it is evident that a change of the
chief magistrate, at the breaking out of a war, or at any
similar crisis, for another, even of equal merit, would at all
times be detrimental to the community, inasmuch as it would
substitute inexperience to experience, and would tend to unhinge
and set afloat the already settled train of the administration.
A fifth ill effect of the exclusion would be, that it would
operate as a constitutional interdiction of stability in the
administration. By NECESSITATING a change of men, in the first
office of the nation, it would necessitate a mutability of
measures. It is not generally to be expected, that men will vary
and measures remain uniform. The contrary is the usual course of
things. And we need not be apprehensive that there will be too
much stability, while there is even the option of changing; nor
need we desire to prohibit the people from continuing their
confidence where they think it may be safely placed, and where,
by constancy on their part, they may obviate the fatal
inconveniences of fluctuating councils and a variable policy.
These are some of the disadvantages which would flow from the
principle of exclusion. They apply most forcibly to the scheme
of a perpetual exclusion; but when we consider that even a
partial exclusion would always render the readmission of the
person a remote and precarious object, the observations which
have been made will apply nearly as fully to one case as to the
other.
What are the advantages promised to counterbalance these
disadvantages? They are represented to be: 1st, greater
independence in the magistrate; 2d, greater security to the
people. Unless the exclusion be perpetual, there will be no
pretense to infer the first advantage. But even in that case,
may he have no object beyond his present station, to which he
may sacrifice his independence? May he have no connections, no
friends, for whom he may sacrifice it? May he not be less
willing by a firm conduct, to make personal enemies, when he
acts under the impression that a time is fast approaching, on
the arrival of which he not only MAY, but MUST, be exposed to
their resentments, upon an equal, perhaps upon an inferior,
footing? It is not an easy point to determine whether his
independence would be most promoted or impaired by such an
arrangement.
As to the second supposed advantage, there is still greater
reason to entertain doubts concerning it. If the exclusion were
to be perpetual, a man of irregular ambition, of whom alone
there could be reason in any case to entertain apprehension,
would, with infinite reluctance, yield to the necessity of
taking his leave forever of a post in which his passion for
power and pre-eminence had acquired the force of habit. And if
he had been fortunate or adroit enough to conciliate the
good-will of the people, he might induce them to consider as a
very odious and unjustifiable restraint upon themselves, a
provision which was calculated to debar them of the right of
giving a fresh proof of their attachment to a favorite. There
may be conceived circumstances in which this disgust of the
people, seconding the thwarted ambition of such a favorite,
might occasion greater danger to liberty, than could ever
reasonably be dreaded from the possibility of a perpetuation in
office, by the voluntary suffrages of the community, exercising
a constitutional privilege.
There is an excess of refinement in the idea of disabling the
people to continue in office men who had entitled themselves, in
their opinion, to approbation and confidence; the advantages of
which are at best speculative and equivocal, and are
overbalanced by disadvantages far more certain and decisive.
PUBLIUS. |
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