The Same Subject Continued, and Re-Eligibility of the Executive Considered
Independent Journal Wednesday, March 19, 1788
[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 fellowcitizens, 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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