Constitutional history -- United States -- Sources; Constitutional law -- United States
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.
Public-domain text, read in full here on John Shaqi.
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