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- FEDERALIST No. 10
-
- The Same Subject Continued
- (The Union as a Safeguard Against Domestic Faction and Insurrection)
- >From the New York Packet.
- Friday, November 23, 1787.
-
- MADISON
-
- To the People of the State of New York:
-
- AMONG the numerous advantages promised by a wellconstructed Union,
- none deserves to be more accurately developed than its tendency to
- break and control the violence of faction. The friend of popular
- governments never finds himself so much alarmed for their character
- and fate, as when he contemplates their propensity to this dangerous
- vice. He will not fail, therefore, to set a due value on any plan
- which, without violating the principles to which he is attached,
- provides a proper cure for it. The instability, injustice, and
- confusion introduced into the public councils, have, in truth, been
- the mortal diseases under which popular governments have everywhere
- perished; as they continue to be the favorite and fruitful topics from
- which the adversaries to liberty derive their most specious
- declamations. The valuable improvements made by the American
- constitutions on the popular models, both ancient and modern, cannot
- certainly be too much admired; but it would be an unwarrantable
- partiality, to contend that they have as effectually obviated the
- danger on this side, as was wished and expected. Complaints are
- everywhere heard from our most considerate and virtuous citizens,
- equally the friends of public and private faith, and of public and
- personal liberty, that our governments are too unstable, that the
- public good is disregarded in the conflicts of rival parties, and that
- measures are too often decided, not according to the rules of justice
- and the rights of the minor party, but by the superior force of an
- interested and overbearing majority. However anxiously we may wish
- that these complaints had no foundation, the evidence, of known facts
- will not permit us to deny that they are in some degree true. It will
- be found, indeed, on a candid review of our situation, that some of
- the distresses under which we labor have been erroneously charged on
- the operation of our governments; but it will be found, at the same
- time, that other causes will not alone account for many of our
- heaviest misfortunes; and, particularly, for that prevailing and
- increasing distrust of public engagements, and alarm for private
- rights, which are echoed from one end of the continent to the other.
- These must be chiefly, if not wholly, effects of the unsteadiness and
- injustice with which a factious spirit has tainted our public
- administrations.
-
- By a faction, I understand a number of citizens, whether
- amounting to a majority or a minority of the whole, who are united
- and actuated by some common impulse of passion, or of interest,
- adversed to the rights of other citizens, or to the permanent and
- aggregate interests of the community.
-
- There are two methods of curing the mischiefs of faction: the
- one, by removing its causes; the other, by controlling its effects.
-
- There are again two methods of removing the causes of faction:
- the one, by destroying the liberty which is essential to its
- existence; the other, by giving to every citizen the same opinions,
- the same passions, and the same interests.
-
- It could never be more truly said than of the first remedy, that
- it was worse than the disease. Liberty is to faction what air is to
- fire, an aliment without which it instantly expires. But it could
- not be less folly to abolish liberty, which is essential to
- political life, because it nourishes faction, than it would be to
- wish the annihilation of air, which is essential to animal life,
- because it imparts to fire its destructive agency.
-
- The second expedient is as impracticable as the first would be
- unwise. As long as the reason of man continues fallible, and he is
- at liberty to exercise it, different opinions will be formed. As
- long as the connection subsists between his reason and his
- self-love, his opinions and his passions will have a reciprocal
- influence on each other; and the former will be objects to which
- the latter will attach themselves. The diversity in the faculties
- of men, from which the rights of property originate, is not less an
- insuperable obstacle to a uniformity of interests. The protection
- of these faculties is the first object of government. From the
- protection of different and unequal faculties of acquiring property,
- the possession of different degrees and kinds of property
- immediately results; and from the influence of these on the
- sentiments and views of the respective proprietors, ensues a
- division of the society into different interests and parties.
-
- The latent causes of faction are thus sown in the nature of man;
- and we see them everywhere brought into different degrees of
- activity, according to the different circumstances of civil society.
- A zeal for different opinions concerning religion, concerning
- government, and many other points, as well of speculation as of
- practice; an attachment to different leaders ambitiously contending
- for pre-eminence and power; or to persons of other descriptions
- whose fortunes have been interesting to the human passions, have, in
- turn, divided mankind into parties, inflamed them with mutual
- animosity, and rendered them much more disposed to vex and oppress
- each other than to co-operate for their common good. So strong is
- this propensity of mankind to fall into mutual animosities, that
- where no substantial occasion presents itself, the most frivolous
- and fanciful distinctions have been sufficient to kindle their
- unfriendly passions and excite their most violent conflicts. But
- the most common and durable source of factions has been the various
- and unequal distribution of property. Those who hold and those who
- are without property have ever formed distinct interests in society.
- Those who are creditors, and those who are debtors, fall under a
- like discrimination. A landed interest, a manufacturing interest, a
- mercantile interest, a moneyed interest, with many lesser interests,
- grow up of necessity in civilized nations, and divide them into
- different classes, actuated by different sentiments and views. The
- regulation of these various and interfering interests forms the
- principal task of modern legislation, and involves the spirit of
- party and faction in the necessary and ordinary operations of the
- government.
-
- No man is allowed to be a judge in his own cause, because his
- interest would certainly bias his judgment, and, not improbably,
- corrupt his integrity. With equal, nay with greater reason, a body
- of men are unfit to be both judges and parties at the same time;
- yet what are many of the most important acts of legislation, but so
- many judicial determinations, not indeed concerning the rights of
- single persons, but concerning the rights of large bodies of
- citizens? And what are the different classes of legislators but
- advocates and parties to the causes which they determine? Is a law
- proposed concerning private debts? It is a question to which the
- creditors are parties on one side and the debtors on the other.
- Justice ought to hold the balance between them. Yet the parties
- are, and must be, themselves the judges; and the most numerous
- party, or, in other words, the most powerful faction must be
- expected to prevail. Shall domestic manufactures be encouraged, and
- in what degree, by restrictions on foreign manufactures? are
- questions which would be differently decided by the landed and the
- manufacturing classes, and probably by neither with a sole regard to
- justice and the public good. The apportionment of taxes on the
- various descriptions of property is an act which seems to require
- the most exact impartiality; yet there is, perhaps, no legislative
- act in which greater opportunity and temptation are given to a
- predominant party to trample on the rules of justice. Every
- shilling with which they overburden the inferior number, is a
- shilling saved to their own pockets.
-
- It is in vain to say that enlightened statesmen will be able to
- adjust these clashing interests, and render them all subservient to
- the public good. Enlightened statesmen will not always be at the
- helm. Nor, in many cases, can such an adjustment be made at all
- without taking into view indirect and remote considerations, which
- will rarely prevail over the immediate interest which one party may
- find in disregarding the rights of another or the good of the whole.
-
- The inference to which we are brought is, that the CAUSES of
- faction cannot be removed, and that relief is only to be sought in
- the means of controlling its EFFECTS.
-
- If a faction consists of less than a majority, relief is
- supplied by the republican principle, which enables the majority to
- defeat its sinister views by regular vote. It may clog the
- administration, it may convulse the society; but it will be unable
- to execute and mask its violence under the forms of the Constitution.
- When a majority is included in a faction, the form of popular
- government, on the other hand, enables it to sacrifice to its ruling
- passion or interest both the public good and the rights of other
- citizens. To secure the public good and private rights against the
- danger of such a faction, and at the same time to preserve the
- spirit and the form of popular government, is then the great object
- to which our inquiries are directed. Let me add that it is the
- great desideratum by which this form of government can be rescued
- from the opprobrium under which it has so long labored, and be
- recommended to the esteem and adoption of mankind.
-
- By what means is this object attainable? Evidently by one of
- two only. Either the existence of the same passion or interest in a
- majority at the same time must be prevented, or the majority, having
- such coexistent passion or interest, must be rendered, by their
- number and local situation, unable to concert and carry into effect
- schemes of oppression. If the impulse and the opportunity be
- suffered to coincide, we well know that neither moral nor religious
- motives can be relied on as an adequate control. They are not found
- to be such on the injustice and violence of individuals, and lose
- their efficacy in proportion to the number combined together, that
- is, in proportion as their efficacy becomes needful.
-
- >From this view of the subject it may be concluded that a pure
- democracy, by which I mean a society consisting of a small number of
- citizens, who assemble and administer the government in person, can
- admit of no cure for the mischiefs of faction. A common passion or
- interest will, in almost every case, be felt by a majority of the
- whole; a communication and concert result from the form of
- government itself; and there is nothing to check the inducements to
- sacrifice the weaker party or an obnoxious individual. Hence it is
- that such democracies have ever been spectacles of turbulence and
- contention; have ever been found incompatible with personal
- security or the rights of property; and have in general been as
- short in their lives as they have been violent in their deaths.
- Theoretic politicians, who have patronized this species of
- government, have erroneously supposed that by reducing mankind to a
- perfect equality in their political rights, they would, at the same
- time, be perfectly equalized and assimilated in their possessions,
- their opinions, and their passions.
-
- A republic, by which I mean a government in which the scheme of
- representation takes place, opens a different prospect, and promises
- the cure for which we are seeking. Let us examine the points in
- which it varies from pure democracy, and we shall comprehend both
- the nature of the cure and the efficacy which it must derive from
- the Union.
-
- The two great points of difference between a democracy and a
- republic are: first, the delegation of the government, in the
- latter, to a small number of citizens elected by the rest;
- secondly, the greater number of citizens, and greater sphere of
- country, over which the latter may be extended.
-
- The effect of the first difference is, on the one hand, to
- refine and enlarge the public views, by passing them through the
- medium of a chosen body of citizens, whose wisdom may best discern
- the true interest of their country, and whose patriotism and love of
- justice will be least likely to sacrifice it to temporary or partial
- considerations. Under such a regulation, it may well happen that
- the public voice, pronounced by the representatives of the people,
- will be more consonant to the public good than if pronounced by the
- people themselves, convened for the purpose. On the other hand, the
- effect may be inverted. Men of factious tempers, of local
- prejudices, or of sinister designs, may, by intrigue, by corruption,
- or by other means, first obtain the suffrages, and then betray the
- interests, of the people. The question resulting is, whether small
- or extensive republics are more favorable to the election of proper
- guardians of the public weal; and it is clearly decided in favor of
- the latter by two obvious considerations:
-
- In the first place, it is to be remarked that, however small the
- republic may be, the representatives must be raised to a certain
- number, in order to guard against the cabals of a few; and that,
- however large it may be, they must be limited to a certain number,
- in order to guard against the confusion of a multitude. Hence, the
- number of representatives in the two cases not being in proportion
- to that of the two constituents, and being proportionally greater in
- the small republic, it follows that, if the proportion of fit
- characters be not less in the large than in the small republic, the
- former will present a greater option, and consequently a greater
- probability of a fit choice.
-
- In the next place, as each representative will be chosen by a
- greater number of citizens in the large than in the small republic,
- it will be more difficult for unworthy candidates to practice with
- success the vicious arts by which elections are too often carried;
- and the suffrages of the people being more free, will be more
- likely to centre in men who possess the most attractive merit and
- the most diffusive and established characters.
-
- It must be confessed that in this, as in most other cases, there
- is a mean, on both sides of which inconveniences will be found to
- lie. By enlarging too much the number of electors, you render the
- representatives too little acquainted with all their local
- circumstances and lesser interests; as by reducing it too much, you
- render him unduly attached to these, and too little fit to
- comprehend and pursue great and national objects. The federal
- Constitution forms a happy combination in this respect; the great
- and aggregate interests being referred to the national, the local
- and particular to the State legislatures.
-
- The other point of difference is, the greater number of citizens
- and extent of territory which may be brought within the compass of
- republican than of democratic government; and it is this
- circumstance principally which renders factious combinations less to
- be dreaded in the former than in the latter. The smaller the
- society, the fewer probably will be the distinct parties and
- interests composing it; the fewer the distinct parties and
- interests, the more frequently will a majority be found of the same
- party; and the smaller the number of individuals composing a
- majority, and the smaller the compass within which they are placed,
- the more easily will they concert and execute their plans of
- oppression. Extend the sphere, and you take in a greater variety of
- parties and interests; you make it less probable that a majority of
- the whole will have a common motive to invade the rights of other
- citizens; or if such a common motive exists, it will be more
- difficult for all who feel it to discover their own strength, and to
- act in unison with each other. Besides other impediments, it may be
- remarked that, where there is a consciousness of unjust or
- dishonorable purposes, communication is always checked by distrust
- in proportion to the number whose concurrence is necessary.
-
- Hence, it clearly appears, that the same advantage which a
- republic has over a democracy, in controlling the effects of
- faction, is enjoyed by a large over a small republic,--is enjoyed by
- the Union over the States composing it. Does the advantage consist
- in the substitution of representatives whose enlightened views and
- virtuous sentiments render them superior to local prejudices and
- schemes of injustice? It will not be denied that the representation
- of the Union will be most likely to possess these requisite
- endowments. Does it consist in the greater security afforded by a
- greater variety of parties, against the event of any one party being
- able to outnumber and oppress the rest? In an equal degree does the
- increased variety of parties comprised within the Union, increase
- this security. Does it, in fine, consist in the greater obstacles
- opposed to the concert and accomplishment of the secret wishes of an
- unjust and interested majority? Here, again, the extent of the
- Union gives it the most palpable advantage.
-
- The influence of factious leaders may kindle a flame within
- their particular States, but will be unable to spread a general
- conflagration through the other States. A religious sect may
- degenerate into a political faction in a part of the Confederacy;
- but the variety of sects dispersed over the entire face of it must
- secure the national councils against any danger from that source. A
- rage for paper money, for an abolition of debts, for an equal
- division of property, or for any other improper or wicked project,
- will be less apt to pervade the whole body of the Union than a
- particular member of it; in the same proportion as such a malady is
- more likely to taint a particular county or district, than an entire
- State.
-
- In the extent and proper structure of the Union, therefore, we
- behold a republican remedy for the diseases most incident to
- republican government. And according to the degree of pleasure and
- pride we feel in being republicans, ought to be our zeal in
- cherishing the spirit and supporting the character of Federalists.
-
- PUBLIUS.
-
-