Constitutional history -- United States -- Sources; Constitutional law -- United States
Among the numerous advantages promised by a wellconstructed 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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