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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