then most enormous and desolating when it is seated on the throne of power, and vested with all the attributes of rule. In the 10th No. of the Federalist, written by Mr. Madison, we find the following apt and judicious observations." 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."

"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 dangers 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 enquiries 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 laboured, 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 happiness? 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!"

Mr. Forsyth, of Georgia, said, All opposition in free governments has for its end a change of public opinion, and by this means a transfer of the power, which is dependent upon it, from the hands of the incumbents to the principal agents opposed to their system. The object is honourable-the end to be

§ 9.]

accomplished noble. What can be more honourable than to guide and direct public opinion! what more noble than the enjoyment of the confidence, the guidance of the destinies of a free and virtuous people! But the importance and greatness of the object does not justify every means of obtaining it. Like all other human pursuits, its character is fixed by the manner in which it is conducted. Have the means used by the minority since the commencement of the war been worthy of their object-have they been virtuous or vicious? I appeal to the facts upon record, and leave the decision to that people whose judgment is to be final.

It has been said that the minority know the limits of constitutional opposition-beyond these they will not travel--up to them they will march fearlessly. They are not of a school in which insurrection is taught as a virtue. They will not seek promotion through the paths of sedition, nor qualify themselves to serve their country in any of the high departments of its government, by making rebellion the first element of their political science. I admire the manliness of the sentiment, and the beauty of the language in which it is expressed. But how is this declaration to be reconciled to other remarks which have been expressed here? We have been amused with critical dissertations upon the strength of the eastern states--upon their abhorrence of oppression. Custom-houses and custom-house Is physical officers have been threatened with destruction. strength to settle the great constitutional questions which have been raised in the present day? The offices and officers created and appointed by the constituted authorities, can only be put down at the point of the bayonet. Gentlemen say they do not advise the people to pursue this course. They only tell them such a course would be justifiable. They do not recommend the recurrence to force, but they say, if the constitution is violated, such force is proper and necessary. And we have been told more than once, that we have violated the constitution and oppressed the people of the east. Such doctrines are not reconcileable; some of the party are willing to make rebellion, if not the first, at least one of the elements of their political science. What has become of that judiciary, heretofore considered the safeguard of the constitutional rights of the peoplethe check upon legislative usurpations ?-Are its members changed? have they become time-servers and sycophants to the dominant party? do they fear the responsibility of deciding on such important questions? The members of the court are not changed. The idol of the opposition is still head of the judicial tribunals. The judges are not tremblers or time-servers.

That court which on a question of mere jurisdiction travelled out of the record to express an opinion against the administration of their country, will court the responsibility of pronouncing judgment against them, if they are not forbidden by principles too strong to be reasoned down.

It is impossible to leave this subject without adverting to the conduct of a portion of the legislature of Massachusetts, the direct tendency of which has been to lead to a separation of the union. Inflammatory resolutions, violent complaints of the injustice and oppression of the general government, have been heaped upon each other, to stimulate public prejudice, to prepare the public mind for stronger and more decided steps. Think not, sir, I advert to these things from any apprehension that these schemes will be effectual. I mention them to express my profound contempt for their impotent madness.

The leaders of these factious spirits are prevented from carrying their wishes fully into operation by two powerful divinities-interest and fear. The love of the union is yet sufficiently strong, in defiance of artifice and falsehood, to strike down the ruffian who dares to lift his sacrilegious hand against the constitution by which that union is to be perpetuated-the love of the union among the people of the east themselves. These infatuated leaders have not the nerve to carry into execution their mad designs. He who cowers under the falcon eye of an indignant adversary, will not court the fiery glance of angry steel.

But if there is to be found a leader, who, to the necessary corruption and to deadly ambition adds the nerve requisite to perform "the firstlings of his heart;" if by his influence madmen enough should enlist under his banners, the eye of reason can look fearlessly beyond the immediate consequences to the final result. That result is not dubious. The elements of society may be set in motion, may mingle in dreadful strife; the earth may rock to its deep foundations, but not one stone of the fabric of our government will be shaken from its place. Dreadful will be the consequences-horrible the scenes which will probably ensue. The fairest region of our country may become a "desert wild." The poor man's cottage and the rich man's palace may together be crumbled to dust. The blood of the innocent and the guilty, of the recreant and the brave, may mingle in one common stream-but one consolation is still left to virtue; those who raised the tempest will be the first victims of its fury.

Mr. Calhoun said, Some arguments and observations of mine on a former occasion, on the nature and character of opposition,

have on this called forth replies from many of the minority, and particularly from Mr. Gaston. He asserted that a majority might also be a faction, and cited the Federalist to prove its truth; with the additional fact, that when it is one, it is far more dangerous than a factious minority. If the gentleman had been more attentive, he would have found that there is nothing in my arguments that contradicts the position taken in the Federalist. What I said was in reply, and was intended to refute the assertion of our opponents on that occasion, that all the misfortunes and miseries of free states originated in the blunders and folly of majorities. The error of this opinion I then sufficiently exposed, both by experience and reason. It has found no advocate on this occasion. I will not again repeat my reasons, but simply restate, that opposition in free states is strongly inclined to degenerate into a struggle for power and ascendancy, in which the attachment to a party becomes stronger than that to the country. This opinion I conceive is incontrovertibly established; in fact, the truth of it is but too manifest to all who have looked into the character of man, or who are acquainted with his history. On the contrary, I feel no disposition to deny that the majority may possibly become factious-that is, cease to consult the general interest. I claim no peculiar exemption for them-it made no part of my argument; I stated principles, but left their application to the good sense of the community. Much less do I feel disposed to contest the position that, if. such a majority could and should by any misfortune exist in this country, it would be more dangerous than a factious minority. I could not doubt, for instance, that if the present minority could be swelled into a majority by the addition of one-third more to their ranks, and that they should, when in power, retain all of the principles which I hear them daily advance in this house, that they would not only be more dangerous than they now are, when their power is to divide and distract; but that it would be the greatest calamity that could befall our country.

The loan bill passed the house on the 3d of March, by a majority of 42, and shortly after became a law.

$10. While the loan bill was under discussion in the house of representatives, an act was passed authorizing the president to issue treasury notes to an amount not exceeding five millions of dollars. He was also authorized to issue a further sum not exceeding five millions, to be deemed as part of the loan subsequently authorized.

CHAPTER IV.

§ 1. Deficit in the revenue. § 2. National bank. § 3. New taxes. §4. National bank postponed. § 5. Assumption of the direct tax. 56. Duty on distilled spirits. § 7. Licenses to retailers. § 8. Duty on sales at auction. § 9. Compromise of the Yazoo claims. § 10. Louisiana land claims. §11. Liquidation of Florida claims. $12. Extension of credit to land purchasers. § 13. Organization of New York district court. § 14. Payment of money into the courts. 15. Allowance to marshals and district attorneys. § 16. Alteration of the judicial system. § 17. Residence of the attorney-general. § 18. Regulation of the post-office. 19. Trophies of war.

§ 1. In the annual report of the secretary of the treasury the deficiency in the revenue, for the year, 1814, had been stated at $700,000. The acting secretary had, however, suggested, that as the revenue for 1815 would produce probably $1,200,000 more than the revenue for 1814, it would rest with congress to decide whether it was necessary that new and additional revenues should be established during the present session. On the 28th of March, the new secretary of the treasury, in answer to a letter from the committee of ways and means on this subject, stated, that the proceeds of the internal revenue for 1814 would so far exceed the estimated amount as to cover the supposed deficit. In consequence of this letter the committee of ways and means had declined reporting any new taxes.

After the passage of the loan bill the price of stock experienced a considerable depression, partly in consequence, it is said, of the pressure of the eastern upon the southern banks for specie, which they had been enabled to do from Boston enjoying a monopoly of trade, owing to the existing blockades. This circumstance had excited doubts in the minds of several of the members friendly to the administration, as to the possibility of raising sufficient funds by loan for the service of the year, without making improper sacrifices, unless some further measures were put in operation.

2. Mr. Grundy, of Tennessee, accordingly, on the second of April, submitted the following resolution for consideration in the house of representatives:

Resolved, That a committee be appointed to enquire into the expediency of establishing a national bank; and that they have leave to report by bill or otherwise.

This subject had been previously agitated in the house, having been introduced on the 4th of January, by a petition from sun