Page:Federalist, Dawson edition, 1863.djvu/497

 influential part of the society. The nature of their public trust implies a personal influence among the People, and that they are more immediately the confidential guardians of the rights and liberties of the People. With these advantages, it can hardly be supposed that the adverse party would have an equal chance for a favorable issue.

But the Legislative party would not only be able to plead their cause most successfully with the People. They would probably be constituted themselves the judges. The same influence which had gained them an election into the Legislature, would gain them a seat in the Convention. If this should not be the case with all, it would probably be the case with many, and pretty certainly with those leading characters, on whom every thing depends in such bodies. The Convention, in short, would be composed chiefly of men who had been, who actually were, or who expected to be, members of the department whose conduct was arraigned. They would consequently be parties to the very question to be decided by them.

It might, however, sometimes happen, that appeals would be made under circumstances less adverse to the Executive and Judiciary departments. The usurpations of the Legislature might be so flagrant and so sudden, as to admit of no specious coloring. A strong party among themselves might take side with the other branches. The Executive power might be in the hands of a peculiar favorite of the People. In such a posture of things, the public decision might be less swayed by prepossessions in favor of the Legislative party. But still it could never be expected to turn on the true merits of the question. It would inevitably be connected with the spirit of preëxisting parties, or of parties springing out of the question itself. It would be connected with persons of distinguished character, and extensive