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Federalist No. 10

James Madison · Musean translation — Mouseia

Mouseia’s complete machine-assisted Musean translation, made directly from the authoritative historical English source for fidelity, modern clarity, rhetorical force, and structure. 18th-century English source edition on founders.archives.gov

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18th-century English

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 every where 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 antient 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 every where 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 over-bearing 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 labour, 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 administration.

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 is 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 a 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 an 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 every where 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 monied 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 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 over-burden 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 enquiries are directed. Let me add that it is the great desideratum, by which alone 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 co-existent 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 results 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 most favourable to the election of proper guardians of the public weal; and it is clearly decided in favour 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 constituents, and being proportionally greatest 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 practise 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 on 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 inconveniencies 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 dishonourable 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 this 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 encreased variety of parties, comprised within the union, encrease 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.

English · Musean translation · Mouseia

Among the many advantages promised by a well-constructed union, none deserves to be developed more fully than its tendency to break and control the violence of faction. The friend of popular governments is never so alarmed for their character and fate as when he considers their tendency toward this dangerous vice. He will therefore be sure to place due value on any plan that, without violating the principles to which he is attached, provides a proper remedy for it. The instability, injustice, and confusion introduced into public councils have, in truth, been the mortal diseases from which popular governments have everywhere perished; and they continue to be the favorite and fertile themes from which the enemies of liberty draw their most plausible denunciations. The valuable improvements made by the American constitutions upon popular models, both ancient and modern, certainly cannot be admired too highly; but it would be unjustifiable partiality to claim that they have guarded against this danger as effectively as was wished and expected. Complaints are heard everywhere from our most thoughtful 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 minority, but by the superior force of an interested and overbearing majority. However earnestly we may wish that these complaints had no foundation, the evidence of known facts will not allow us to deny that they are true to some degree. A candid review of our situation will indeed show that some of the hardships under which we labor have been wrongly blamed on the operation of our governments; but it will also show that other causes alone cannot account for many of our gravest misfortunes—and particularly for that widespread and growing distrust of public obligations, and alarm for private rights, echoed from one end of the continent to the other. These must chiefly, if not wholly, be effects of the instability and injustice with which a factious spirit has tainted our public administration.

By a faction, I mean a number of citizens, whether forming a majority or a minority of the whole, who are united and driven by some common impulse of passion or interest that is hostile to the rights of other citizens, or to the permanent and collective interests of the community.

There are two methods of curing the harms caused by faction: one, by removing its causes; the other, by controlling its effects.

There are, in turn, two methods of removing the causes of faction: one, by destroying the liberty essential to its existence; the other, by giving every citizen the same opinions, the same passions, and the same interests.

It could never be said more truly of any remedy than of the first that it is worse than the disease. Liberty is to faction what air is to fire: the nourishment without which it instantly dies. But it would be no less foolish to abolish liberty, which is essential to political life, because it nourishes faction, than to wish for the annihilation of air, which is essential to animal life, because it gives fire its destructive power.

The second expedient is as impracticable as the first would be unwise. As long as human reason remains fallible, and people are free to exercise it, different opinions will arise. As long as the connection remains between a person’s reason and self-love, opinions and passions will influence each other in return; and opinions will become objects to which passions attach themselves. The diversity in human faculties from which the rights of property arise is no less an insurmountable obstacle to uniformity of interests. The protection of these faculties is the first purpose of government. From the protection of different and unequal faculties for acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence these have on the sentiments and views of their respective owners follows the division of society into different interests and parties.

The hidden causes of faction are thus sown in human nature; and we see them everywhere brought to different degrees of activity according to the different circumstances of civil society. Zeal for differing opinions concerning religion, government, and many other matters, both theoretical and practical; attachment to different leaders ambitiously contending for preeminence and power; or attachment to other kinds of persons whose fortunes have stirred human passions—these have, in turn, divided mankind into parties, inflamed them with mutual hostility, and made them far more inclined to harass and oppress one another than to cooperate for their common good. So strong is humanity’s tendency to fall into mutual hostility that, where no substantial occasion exists, the most frivolous and fanciful distinctions have been enough to kindle unfriendly passions and provoke the most violent conflicts. But the most common and lasting source of factions has been the varied and unequal distribution of property. Those who own property and those who have none have always formed distinct interests in society. Creditors and debtors fall under a similar division. A landed interest, a manufacturing interest, a commercial interest, a financial interest, together with many lesser interests, necessarily arise in civilized nations and divide them into different classes, driven by different sentiments and aims. Regulating these various and conflicting interests forms the chief task of modern legislation and draws the spirit of party and faction into the necessary and ordinary operations of government.

No person is allowed to be a judge in his own case, because his interest would certainly bias his judgment and, very probably, corrupt his integrity. With equal—indeed, with greater—reason, a body of people is 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 decisions, not concerning the rights of individual persons, it is true, but concerning the rights of large bodies of citizens? And what are the different classes of legislators but advocates and parties in the cases they decide? Is a law proposed concerning private debts? It is a question in which creditors are parties on one side and debtors on the other. Justice ought to hold the balance between them. Yet the parties themselves are, and must be, the judges; and the more numerous party—or, in other words, the more powerful faction—must be expected to prevail. Should domestic manufactures be encouraged by restrictions on foreign manufactures, and to what degree? These are questions that the landed and manufacturing classes would decide differently, and probably neither would decide with sole regard for justice and the public good. The apportionment of taxes among the various kinds of property is an act that seems to require the most exact impartiality; yet there is perhaps no legislative act in which a dominant party is given greater opportunity and temptation to trample on the rules of justice. Every shilling by which they overburden the smaller number is a shilling saved for their own pockets.

It is useless to say that enlightened statesmen will be able to reconcile these clashing interests and make them all serve the public good. Enlightened statesmen will not always be at the helm. Nor, in many cases, can such a reconciliation be made at all without considering indirect and remote factors, which will rarely prevail over the immediate interest one party may find in disregarding the rights of another or the good of the whole.

The conclusion to which we are brought is that the causes of faction cannot be removed, and that relief must be sought only in the means of controlling its effects.

If a faction consists of less than a majority, the republican principle supplies relief by enabling the majority to defeat its sinister aims through regular voting. It may obstruct the administration; it may convulse society; but it will be unable to carry out and conceal its violence under the forms of the Constitution. When a majority is included in a faction, on the other hand, the form of popular government enables it to sacrifice both the public good and the rights of other citizens to its ruling passion or interest. To secure the public good and private rights against the danger of such a faction, while at the same time preserving the spirit and form of popular government, is therefore the great object toward which our inquiries are directed. Let me add that it is the great necessity by which alone this form of government can be rescued from the disgrace under which it has so long labored, and be commended to the esteem and adoption of mankind.

By what means can this object be attained? Clearly, by only one of two. Either the simultaneous existence of the same passion or interest in a majority must be prevented; or the majority, sharing such a passion or interest, must be made unable, by its numbers and geographical situation, to coordinate and carry out schemes of oppression. If impulse and opportunity are allowed to coincide, we well know that neither moral nor religious motives can be relied upon as an adequate restraint. They do not prove adequate against the injustice and violence of individuals, and they lose their effectiveness in proportion to the number united together—that is, in proportion as their effectiveness becomes necessary.

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 offer no cure for the harms of faction. A common passion or interest will, in almost every case, be felt by a majority of the whole; communication and concerted action result from the very form of government; and nothing checks the inducements to sacrifice the weaker party or an objectionable individual. For this reason, such democracies have always been spectacles of turbulence and conflict; have always been found incompatible with personal security or the rights of property; and have generally been as short in their lives as they have been violent in their deaths. Political theorists who have favored this form of government have wrongly supposed that, by reducing mankind to perfect equality in political rights, they would at the same time make people perfectly equal and alike in their possessions, opinions, and passions.

A republic—by which I mean a government in which the system of representation operates—opens a different prospect and promises the cure we seek. Let us examine the points in which it differs from pure democracy, and we shall understand both the nature of the cure and the effectiveness it must derive from the union.

The two great points of difference between a democracy and a republic are, first, the delegation of government, in the latter, to a small number of citizens elected by the rest; second, the greater number of citizens and greater extent of territory over which the latter may be spread.

The effect of the first difference is, on the one hand, to refine and enlarge public views by passing them through the medium of a chosen body of citizens, whose wisdom may best discern their country’s true interest, and whose patriotism and love of justice will make them least likely to sacrifice it to temporary or partial considerations. Under such an arrangement, it may well happen that the public voice, expressed by the representatives of the people, will be more consistent with the public good than if expressed by the people themselves assembled for that purpose. On the other hand, the effect may be reversed. People of factious temperaments, local prejudices, or sinister designs may first obtain the votes through intrigue, corruption, or other means, and then betray the interests of the people. The resulting question is whether small or extensive republics are more favorable to the election of proper guardians of the public welfare; and it is clearly decided in favor of the latter by two obvious considerations.

In the first place, it should be noted that, however small the republic may be, the number of representatives must reach a certain level in order to guard against the schemes 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. Since the number of representatives in the two cases is therefore not proportional to the number of constituents, and is proportionally greatest in the small republic, it follows that, if the proportion of suitable candidates is no smaller in the large republic than in the small one, the former will offer a greater range of choice and, consequently, a greater probability of a suitable selection.

In the next place, because each representative will be chosen by a greater number of citizens in the large republic than in the small one, it will be more difficult for unworthy candidates successfully to practice the corrupt arts by which elections are too often won; and because the people’s votes will be freer, they will be more likely to center on people who possess the most attractive merit and the most widely known and established reputations.

It must be admitted that in this, as in most other cases, there is a middle point, on either side of which disadvantages will be found. By enlarging the number of electors too much, you make the representative too little acquainted with all their local circumstances and lesser interests; just as, by reducing it too much, you make him unduly attached to these and too little capable of understanding and pursuing great and national objectives. The federal Constitution forms a fortunate combination in this respect: the great and collective interests are entrusted to the national legislature, and the local and particular interests to the state legislatures.

The other point of difference is the greater number of citizens and extent of territory that may be brought within the bounds of republican government than of democratic government; and it is principally this circumstance that makes factious combinations less to be feared 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 often a majority will belong to the same party; and the smaller the number of individuals composing a majority, and the smaller the area within which they are placed, the more easily they will coordinate and execute their plans of oppression. Extend the sphere, and you include a greater variety of parties and interests; you make it less probable that a majority of the whole will share 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 act in unison with one another. Besides other obstacles, it may be observed that, where people are conscious of unjust or dishonorable purposes, communication is always restrained by distrust in proportion to the number whose agreement is necessary.

From this it clearly appears that the same advantage a republic has over a democracy in controlling the effects of faction is enjoyed by a large republic over a small one—is enjoyed by the union over the states composing it. Does this advantage consist in replacing direct rule with representatives whose enlightened views and virtuous sentiments raise them above local prejudices and schemes of injustice? It will not be denied that the representation of the union will be most likely to possess these necessary qualities. Does it consist in the greater security provided by a greater variety of parties against the possibility that any one party may be able to outnumber and oppress the rest? To the same degree, the increased variety of parties contained within the union increases this security. Does it, finally, consist in the greater obstacles placed before the coordination and fulfillment of the secret wishes of an unjust and self-interested majority? Here again, the extent of the union gives it the most evident advantage.

The influence of factious leaders may kindle a flame within their particular states, but it will be unable to spread a general conflagration through the other states. A religious sect may degenerate into a political faction in one part of the confederacy; but the variety of sects dispersed across its entire expanse must secure the national councils against any danger from that source. A passion for paper money, for abolishing debts, for an equal division of property, or for any other improper or wicked project will be less likely to pervade the whole body of the union than one particular member of it—in the same proportion that such a disease is more likely to infect 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 common to republican government. And in proportion to the pleasure and pride we feel in being republicans should be our zeal in cherishing the spirit and sustaining the character of federalists.

Publius.