6

into a settled truth in the science of political philosophy. One, who, on a question of historical deduction, of political theory, is entitled to high respect, has given us an admirable summary of the experience of republics on this interesting inquiry. In the tenth number of the Federalist, written by Mr. Madison, we find the following apt and judicious observationsBy 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. 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 gainst the danagers 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 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.'

If this doctrine were, then, to be collected from the history of the world, can it now be doubted, since the experience of the last twenty-five years? Go to France, once Revolutionary, now Imperial France, and ask her whether factious power, or intemperate opposition, be the more fatal to freedom and happi

ness? Perhaps at some moment when the eagle eye of her master is turned away, she may whisper to you, to behold the demolition of Lyons, or the devastation of La Vendee. Perhaps she will give you a written answer-Draw near to the once fatal lamp-post, and by its flickering light, read it as traced in characters of blood that flowed from the guillotine-" Faction is a demon! faction out of power is a demon enchained! faction, vested with the attributes of rule, is a Moloch of destruction!"

Sir, if the denunciations which gentlemen have pronounced against factious violence, are not merely the image of rhetorical pomp, if they are, indeed, solicitous to mitigate the rancor of party feuds, in the sincerity of my soul, I wish them success.

66

It is melancholy to behold the miserable jealousies and malignant suspicions which so extensively prevail, to the destruction of social comfort, and the eminent peril of the republic. On this subject I have reflected much; not merely in the intervals stolen from the bustle of business, or the gaieties of amusement; but in the moments of depression and solitude,” the most favorable to the correction of error. For one, I am willing to bring a portion of party feeling and party prejudice, as an oblation at the shrine of my country. But no offering can avail any thing, if not made on the part of those who are the political favorites of the day. On them it is incumbent to come forward and set the magnanimous example. Approaches or concessions on the side of the minority would be misconstrued into indications of timidity, or of a hankering for favor. But a spirit of conciliation arising from those ranks would be hailed as the harbinger of sunny days, as a challenge to liberality, and to a generous contention for the public weal. This spirit requires not any departure from deliberate opinion, unless it is shown to be erroneous. Such a concession would be a dereliction of duty. Its injunctions would be few, and it is to be hoped not difficult of observance. Seek to uphold your measures by the force of argu

ment, not of denunciation; stigmatize not opposition to your notions with offensive epithets. These prove nothing but your anger or your weakness, and are sure to generate a spirit of "moral resistance," not easily to be checked or tamed. Give to presidential views constitutional respect, but suffer them not to supersede the exercise of independent inquiry. Encourage instead of suppressing fair discussion, so that those, who approve not, may at least have a respectful hearing. Thus without derogating a particle from the energy of your measures, you will impart a tone to political dissentions which would deprive them of their acrimony, and render them harmless to the nation,

The nominal party distinctions, sir, have become mere cabalistic terms. It is no longer a question whether, according to the theory of our constitution, there is more danger of the federal encroaching on the state governments, or the democracy of the state governments paralyzing the arm of federal power. Federalism and democracy have lost their meaning. It is now a question of commerce, peace and union of the states. On this question, unless the honesty and intelligence of the nation shall confederate into one great American party, disdaining petty office-keeping and office-hunting views, defying alike the insolence of the popular prints, the prejudices of faction, and the dominion of executive influence-I fear a decision will be pronounced fatal to the hopes, to the existence of the nation. In this question, I assuredly have a very deep interest; but it is the interest of a citizen only. My public career I hope will not continue long. Should it please the disposer of events to permit me to see the great interests of this nation confided to men, who will secure its rights by firmness, moderation and impartiality abroad, and at home cultivate the arts of peace, encourage honest industry in all its branches, dispense equal justice to all classes of the community, and thus administer the government in the true spirit of the constitution, as a trust for the people, not as the

property of a party, it will be to me utterly unimportant by what political epithet they may be characterized. As a private citizen, grateful for the blessings I may enjoy, and yielding a prompt obedience to every legitimate demand that can be made upon me, I shall rejoice, as far as my little sphere may extend, to foster the same dispositions among those who surround me.

SPEECH OF WILLIAM PINKNEY,

ON THE

TREATY-MAKING POWER,

DELIVERED IN THE HOUSE OF REPRESENTATIVES OF THE

UNITED STATES, JANUARY 10, 1816.*

MR. CHAIRMAN,

I INTENDED yesterday, if the state of my health had permitted, to have trespassed on the House with a short sketch of the grounds upon which I disapprove of the bill. What I could not do then, I am about to endeavor now, under the pressure, nevertheless, of continuing indisposition, as well as under the influence of a natural reluctance thus to manifest an apparently ambitious and improvident hurry to lay aside the character of a listener to the wisdom of others, by which I could not fail to profit, for that of an expounder of my own humble notions, which are not likely to be profitable to any body. It is, indeed, but too probable that I should best have consulted both delicacy and discretion, if I had forborne this precipitate attempt to launch my little bark upon what an honorable

* A commercial convention between the United States and Great Britain, was signed at London, in July, 1815, and subsequently ratified by the President and Senate, by which it was stipulated that the discriminating duties on British vessels and their cargoes, then subsisting under certain acts of Congress, should be abolished, in return for a reciprocal stipulation on the part of Great Britain. On this occasion, a bill was brought into the House of Representatives to carry the convention into effect, specifically enacting the stipulations contained in the convention itself. This bill was opposed by Mr. Pinkney, in a speech containing a full discussion of the whole subject, both as connected with the law of nations and our own municipal. constitution.-Wheaton's Life of Pinkney, p. 189.