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