The Utility of the Union as a Safeguard Against Domestic
Faction and Insurrection (continued)
Daily Advertiser
Thursday, November 22, 1787
[James Madison]
To the People of the State of New York:
AMONG the numerous advantages promised by a well
constructed 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
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