THE
FEDERALIST NO. 10
by James Madison
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 the 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 minority of the whole, who are
united and actuated by some common impulse of passion, or of interest, adverse
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 or 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 preeminence 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 cooperate 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 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 center 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 representative 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 to 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 country 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