[clx. 380]

1822 July 21

Constitut. Code Rationale

Aristocratical faction

The word /appellative/ faction is of the dyslogistic sort: it contains in it a note of disapprobation and condemnation. It therfore ought not to be employed without warning nor without justification. But of this justification one of the two necessary parts is already given: given by the indication of this /the abovementioned/ circumstance, namely that the Members to whom the appellation of Members of the Aristocracy is applicable compose on all occasions a minority of the whole number: and the justification is compleated, as soon as /after/ being announced it has been proved that of this small portion of the whole number the interest, and in consequence of the interest the judgment - the judgment declared and acted upon - is in a state of constant opposition with reference to that of the majority: especially when it is considered how large /vast/ that majority ever has been and can never fail to be

Take any actually constituted and organized tribunal /judicatory/ - and let it be admitted that on every occasion the judgment and practice of the great majority of the members is conformable to the duty of the whole and at the same time that the practice /judgment/ of the minority, it being moreover at all times a small one is in a state of constant opposition to the practice of that same great majority - and that this diversity and opposition had for its cause the operation of self-regarding interest in the breast of the small minority - this supposed, to whom is it that the appellation of a faction if applied to this same constantly small and self-interested minority would seem inapplicable