By ALEXANDER HAMILTON, JAMES MADISON, AND JOHN JAY Edited by Benjamin Fletcher Wright The University ot Texas THE BELKNAP PRESS OF HARVARD UXIVERSITY PRESS Cambridge, Rfassachusetts i 9 (3 i
LIST ; immediate design of this icy of the Union to repress accurate, has been raised dation of the States. The id to be, the restriction of Elective capacities, without they are composed. It is ought to have no concern ition. An exact equality of o been insisted upon as a iment. These positions are, orted neither by principle i, that governments of this nner which the distinction, t in their nature; but there exceptions to the practice, le will go, that there is no ill be clearly shown, in the as the principle contended i of incurable disorder and public seems simply to be ^sociation of two or more cations, and objects of the discretion. So long as the be not abolished; so long for local purposes; though :o the general authority of d in theory, an association d Constitution, so far from rnments, makes them con- ;:"Uy, by allowing them a i leaves in their possession mions of sovereign power. >nnl import of the terms, -misted of twenty-three ; r 'i'd to three votes in the. > to two, and the smallest.c appointment of all the NUMBER 10 judges and magistrates of the respective CITIES. This was certainly the most delicate species of interference in their internal administration; for if there be any thing that seems exclusively appropriated to the local jurisdictions, it is the appointment of their own officers. Yet Montesquieu, speaking of this association, says: "Were I to give a model of an excellent Confederate Republic, it would be that of Lycia." Thus we perceive that the distinctions insisted upon were not within the contemplation of this enlightened civilian; and we shall be led to conclude, that they are the novel refinements of an erroneous theory. PUBLIUS i o MADISON THE SIZE AND VARIETY OF THE UNION AS A CHECK ON FACTION To the People of the State of New York: 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 129
often decided, not according to the rules of justice and the rights of the minor party, hut by the superior force of an interested and overhearing 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, wrhich are echoed from one end of the continent to the other. These must be chiefly, if not wrholly, 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 of property originate~is not less an 130 N insuperable obstacle to a ; of these faculties is ::,-. i::. tection of different a.;,: - the possession of disk:-: diately results; and fi. and views of the rebpw\. society into different iir The latent causes >i man; and we see ihem c \ of activity, according to i. A zeal for different opinieminent, and many uth practice; an attachment t ing for pre-eminence ant tions whose fortunes have have, in turn, divided m: mutual animosity, and rei and oppress each other th. So strong is this propensi mosities, that where no most frivolous and fanci kindle their unfriendly i conflicts. But the most c< has been the various and who hold and those who distinct interests in socie who are debtors, fall unc terest, a manufacturing ir interest, with many lesser i nations, and divide them ferent sentiments and vie interfering interests forms and involves the spirit of ordinary operations of th No man is allowed to interest would certainly I corrupt his integrity. Wit of men are unfit to be be yet what are many of the i many judicial determinat of single persons, but cc
LIST?s of justice and the rights force of an interested and ly we may wish that these ience of known facts will some degree true. It will if our situation, that some )r have been erroneously ernments; but it will be ses will not alone account and, particularly, for that public engagements, and.oed from one end of the DC chiefly, if not wholly, ce with which a factious ations. iber of citizens, whether the whole, who are united of passion, or of interest, or to the permanent and e mischiefs of faction: the v controlling its effects, 'ving the causes of faction: is essential to its existence; : same opinions, the same than of the first remedy, ~'rty is to faction what air instantly expires. But it rty. which is essential to ion. than it would be to essential to animal life, agency. 'liable as the first would in continues fallible, and opinions will be formed. Aoen his reason and his 'ill have a reciprocal ini v. ill be objcc:-; to which '. ovsity in the faculiies of originate, is not less an NUMBER 10 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 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 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 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 inquiries are directed. Let me add that it is the great desid- 132 N eratum by which this i - the opprobrium under ' recommended to the est; t By what means is tl.i two only. Either the ex: a majority at the same ; having such coexistent their number and lex..! into effect schemes of c :.< tunity be suffered to ex.;: nor religious motives c.t; They are not found to '; individuals, and lose ih-. combined together, that i needful. From this view of the democracy, by which I ::i ber of citizens, who asser person, can admit of :i common passion or inter a majority of the whole; a the form of government ; inducements to sacrifice t vidual. Hence it is that sue of turbulence and content with personal security o: general been as short in ; their deaths. Theoretic species of government, ha ing mankind to a perfect would, at the same time, 1 their possessions, their op A republic, by which scheme of representation and promises the cure for the points in which it va: comprehend both the na it must derive from the I The two great points a republic are: first, the latter, to a small number
LIST asses of legislators but adthey determine? Is a law s a question to which the the debtors on the other. een them. Yet the parties 5; and the most numerous )owerful faction must be lufactures be encouraged, foreign manufactures? are ecided by the landed and ly by neither with a sole he apportionment of taxes is an act which seems to yet there is, perhaps, no unity and temptation are le on the rules of justice, den the inferior number, d statesmen will be able nder them all subservient nen will not always be at an adjustment be made at ad remote considerations, ediate interest which one ts of another or the good ight is, that the causes of lief is only to be sought ajority, relief is supplied les the majority to defeat ' clog the administration, >e unable to execute and ic Constitution. When a i of popular government, to its ruling passion or ;!u.s of other citizens. To..s asiainst the danger of w O reserve the spirit and the!( great, object to which Ji.it it is the great desid- NUMBER 10 eratum 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, t;
the greater number of citi/ens, 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 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 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 134 Nl render him undulv air.ichhend and pinsue i;reat.;.! tion forms a happy c ;;. aggregate interests bein;: particular to the State ; _ The other point of.:.." and extent of territory u. of republican than of ^;. cumstance principally v ". be dreaded in the for::;; society, the fewer probahicomposing it; the fewer ti: frequently will a majorh smaller the number of inc smaller the compass wit. hiwill they concert and execi sphere, and you take in a you make it less probable a common motive to in vac a common motive exists, i it to discover their own si other. Besides other imped there is a consciousness of mtmication is always dienumber whose concurrenr Hence, it clearly appe republic has over a democr is enjoyed by a large over Union over the States cor in the substitution of rei A and virtuous sentiments re and to schemes of injustice sentation of the Union will endowments. Does it consi greater variety of parties, a able to outnumber and op the increased variety of pi crease this security. Does it opposed to the concert an of an unjust and intereste the Union gives it the mos;
LIST greater sphere of country, on the one hand, to refine them through the medium >dom may best discern the ;>se patriotism and love of it to temporary or partial i, it may well happen that >resentatives of the people, good than if pronounced the purpose. On the other f factious tempers, of local }y intrigue, by corruption, rages, and then betray the resulting is, whether small le to the election of proper s clearly decided in favor ions: ed that, however small the mst be raised to a certain cabals of a few; and that, mited to a certain number, of a multitude. Hence, the rases not being in proporand being proportionally that, if the proportion of lan in the small republic, cion, and consequently a.aiive will be chosen by a han in the small republic,.indidates to practise with ->ns are too often carried; more free, will be more?r.ost attractive merit and -UTS. r: most other cases, there. veniences will be found r of electors, you render : 'A'ith all their local cir- 1 :;u;ing it too much, you NUMBER 10 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 most easily will they concert and execute their plans of oppression. Extend the sphere, arid 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. >35
The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the oth-er 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 cf 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 i i HAMILTON THE VALUE OF UNION TO COMMERCE AND THE ADVANTAGES OF A NAVY To the People of the State of New York: THE importance of the Union, in a commercial light, is one of those points about which there is least room to entertain a difference of opinion, and which has, in fact, commanded the most general assent of men who have any acquaintance with the subject. This applies as well to our intercourse with foreign countries as with each other. There are appearances to authorize a supposition that the adventurous spirit, which distinguishes the commercial character of America, has already excited uneasy sensations in several of the maritime powers of Europe. They seem to be apprehensive of our too great interference in that carrying trade, which is the support of their navigation and the foundation of their naval strength. Those of them which have colonies in America look forward to what this country is capable of becoming, with painful solicitude. 136 They foresee the da.:.:'. dominions from the r. i. dispositions, and won it! creation of a powerful naturally indicate the p< of depriving us. as far as own bottoms. This wouk ing our interference in profits of our trade, and soar to a dangerous gica; it would not be difficult policy to the cabinets of; If we continue united to our prosperity in a v.i extending, at the same tl foreign countries to bid our markets. This assen who are able to apprecia millions of people inc: part exclusively addicte circumstances to remain the immense difference ti of such a nation, betwt ships, and an indirect co and from America, in th instance, we had a gover: Great Britain (with whc merce) from all our ports of this step upon her poli with the fairest prospect the most valuable and e kingdom? "When these ( o occasions, they have rece factory answer. It has b would produce no cham could prosecute her trac Dutch, who would be h for those articles which w But would not her navig; the important advantage Would not the principal N