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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.
Author: 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.
Federalist No. 11 -->
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