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diff --git a/8690-h/8690-h.htm b/8690-h/8690-h.htm new file mode 100644 index 0000000..a1a32ab --- /dev/null +++ b/8690-h/8690-h.htm @@ -0,0 +1,23693 @@ +<?xml version="1.0" encoding="iso-8859-1"?> + +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" > + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <title> + American Institutions and Their Influence., by Alexis de Tocqueville. + </title> + <style type="text/css" xml:space="preserve"> + + body { margin:5%; background:#faebd0; text-align:justify} + P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; } + hr { width: 50%; text-align: center;} + .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; } + blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;} + .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;} + .toc { margin-left: 10%; margin-bottom: .75em;} + .toc2 { margin-left: 20%;} + div.fig { display:block; margin:0 auto; text-align:center; } + div.middle { margin-left: 20%; margin-right: 20%; text-align: justify; } + .figleft {float: left; margin-left: 0%; margin-right: 1%;} + .figright {float: right; margin-right: 0%; margin-left: 1%;} + .pagenum {display:inline; font-size: 70%; font-style:normal; + margin: 0; padding: 0; position: absolute; right: 1%; + text-align: right;} + .side { float: right; font-size: 75%; width: 25%; padding-left: 0.8em; + border-left: dashed thin; margin-left: 0.8em; text-align: left; + text-indent: 0; font-weight: bold; font-style: italic; + font-weight: bold; color: black; background: #eeeeee; border: solid 1px;} + pre { font-style: italic; font-size: 90%; margin-left: 10%;} + +</style> + </head> + <body> + + +<pre> + +The Project Gutenberg EBook of American Institutions and Their Influence, by +Alexis de Tocqueville et al. + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: American Institutions and Their Influence + +Author: Alexis de Tocqueville et al. + +Commentator: John C. Spencer + + +Release Date: August, 2005 [EBook #8690] +This file was first posted on August 1, 2003 +Last Updated: May 31, 2013 + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK AMERICAN INSTITUTIONS *** + + + + +Text file produced by Lee Dawei, David King, and the Project Gutenberg +Online Distributed Proofreading Team + +HTML file produced by David Widger + + + + +</pre> + + <div style="height: 8em;"> + <br /><br /><br /><br /><br /><br /><br /><br /> + </div> + <h1> + AMERICAN INSTITUTIONS AND THEIR INFLUENCE. + </h1> + <h2> + By Alexis De Tocqueville. + </h2> + <p> + <br /> + </p> + <h3> + With Notes, by Hon. John C. Spencer. + </h3> + <h5> + Entered according to Act of Congress, in the year 1851, <br /> <br /> BY + A.S. BARNES & CO., <br /> <br /> In the Clerk's Office of the District + Court of the United States for the <br /> <br /> Southern District of New + York. + </h5> + + + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2H_4_0002" id="link2H_4_0002"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ADVERTISEMENT. + </h2> + <p> + The American publishers of M. De Tocqueville's "Democracy in America," + have been frequently solicited to furnish the work in a form adapted to + seminaries of learning, and at a price which would secure its more general + circulation, and enable trustees of School District Libraries, and other + libraries, to place it among their collections. Desirous to attain these + objects, they have consulted several gentlemen, in whose judgment they + confided, and particularly the editor of the American editions, to + ascertain whether the work was capable of abridgment or condensation, so + as to bring the expense of its publication within the necessary limits. + They are advised that the nature of the work renders it impossible to + condense it by omitting any remarks or illustrations of the author upon + any subject discussed by him, even if common justice to him did not forbid + any such attempt; and that the only mode of reducing its bulk, is to + exclude wholly such subjects as are deemed not to be essential. + </p> + <p> + It will be recollected that the first volume was originally published + separately, and was complete in itself. It treated of the influence of + democracy upon the political institutions of the United States, and + exhibited views of the nature of our government, and of their complicated + machinery, so new, so striking, and so just, as to excite the admiration + and even the wonder of our countrymen. It was universally admitted to be + the best, if not the first systematic and philosophic view of the great + principles of our constitutions which has been presented to the world. As + a treatise upon the spirit of our governments, it was full and finished, + and was deemed worthy of being introduced as a text-book in some of our + Seminaries of Learning. The publication of the first volume alone would + therefore seem to be sufficient to accomplish in the main the objects of + the publishers above stated. + </p> + <p> + And upon a careful re-examination of the second volume, this impression is + confirmed. It is entirely independent of the first volume, and is in no + way essential to a full understanding of the principles and views + contained in that volume. It discusses the effects of the democratic + principle upon the tastes, feelings, habits, and manners of the Americans; + and although deeply interesting and valuable, yet the observations of the + author on these subjects are better calculated for foreign countries than + for our own citizens. As he wrote for Europe they were necessary to his + plan. They follow naturally and properly the profound views which had + already been presented, and which they carry out and illustrate. But they + furnish no new developments of those views, nor any facts that would be + new to us. + </p> + <p> + The publishers were therefore advised that the printing of the first + volume complete and entire, was the only mode of attaining the object they + had in view. They have accordingly determined to adopt that course, + intending, if the public sentiment should require it, hereafter to print + the second volume in the same style, so that both may be had at the same + moderate price. + </p> + <p> + A few notes, in addition to those contained in the former editions, have + been made by the American editor, which upon a reperusal of the volume + seemed useful if not necessary: and some statistical results of the census + of 1840 have been added, in connection with similar results given by the + author from returns previous to that year. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2H_PREF" id="link2H_PREF"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PREFACE TO THE AMERICAN EDITION. + </h2> + <p> + The following work of M. DE TOCQUEVILLE has attracted great attention + throughout Europe, where it is universally regarded as a sound, + philosophical, impartial, and remarkably clear and distinct view of our + political institutions, and of our manners, opinions, and habits, as + influencing or influenced by those institutions. Writers, reviewers, and + statesmen of all parties, have united in the highest commendations of its + ability and integrity. The people, described by a work of such a + character, should not be the only one in Christendom unacquainted with its + contents. At least, so thought many of our most distinguished men, who + have urged the publishers of this edition to reprint the work, and present + it to the American public. They have done so in the hope of promoting + among their countrymen a more thorough knowledge of their frames of + government, and a more just appreciation of the great principles on which + they are founded. + </p> + <p> + But it seemed to them that a reprint in America of the views of an author + so well entitled to regard and confidence, without any correction of the + few errors or mistakes that might be found, would be in effect to give + authenticity to the whole work, and that foreign readers, especially, + would consider silence, under such circumstances, as strong evidence of + the accuracy of its statements. The preface to the English edition, too, + was not adapted to this country, having been written, as it would seem, in + reference to the political questions which agitate Great Britain. The + publishers, therefore, applied to the writer of this, to furnish them with + a short preface, and such notes upon the text as might appear necessary to + correct any erroneous impressions. Having had the honor of a personal + acquaintance with M. DE TOCQUEVILLE while he was in this country; having + discussed with him many of the topics treated of in this book; having + entered deeply into the feelings and sentiments which guided and impelled + him in his task, and having formed a high admiration of his character and + of this production, the writer felt under some obligation to aid in + procuring for one whom he ventures to call his friend, a hearing from + those who were the subjects of his observations. These circumstances + furnish to his own mind an apology for undertaking what no one seemed + willing to attempt, notwithstanding his want of practice in literary + composition, and notwithstanding the impediments of professional + avocations, constantly recurring, and interrupting that strict and + continued examination of the work, which became necessary, as well to + detect any errors of the author, as any misunderstanding or + misrepresentation of his meaning by his translator. If the same + circumstances will atone in the least for the imperfections of what the + editor has contributed to this edition, and will serve to mitigate the + severity of judgment upon those contributions, it is all he can hope or + ask. + </p> + <p> + The NOTES are confined, with very few exceptions, to the correction of + what appeared to be misapprehensions of the author in regard to some + matters of fact, or some principles of law, and to explaining his meaning + where the translator had misconceived it. For the latter purpose the + original was consulted; and it affords great pleasure to bear witness to + the general fidelity with which Mr. REEVE has transferred the author's + ideas from French into English. He has not been a literal translator, and + this has been the cause of the very few errors which have been discovered: + but he has been more and better: he has caught the spirit of M. DE + TOCQUEVILLE, has understood the sentiment he meant to express, and has + clothed it in the language which M. DE TOCQUEVILLE would have himself + used, had he possessed equal facility in writing the English language. + </p> + <p> + Being confined to the objects before mentioned, the reader will not find + any comments on the theoretical views of our author. He has discussed many + subjects on which very different opinions are entertained in the United + States; but with an ability, a candor, and an evident devotion to the + cause of truth, which will commend his views to those who most radically + dissent from them. Indeed, readers of the most discordant opinions will + find that he frequently agrees with both sides, and as frequently differs + from them. As an instance, his remarks on slavery will not be found to + coincide throughout with the opinions either of abolitionists or of + slaveholders: but they will be found to present a masterly view of a most + perplexing and interesting subject, which seems to cover the whole ground, + and to lead to the melancholy conclusion of the utter impotency of human + effort to eradicate this acknowledged evil. But on this, and on the + various topics of the deepest interest which are discussed in this work, + it was thought that the American readers would be fully competent to form + their own opinions, and to detect any errors of the author, if such there + are, without any attempt of the present editor to enlighten them. At all + events, it is to be hoped that the citizens of the United States will + patiently read, and candidly consider, the views of this accomplished + foreigner, however hostile they may be to their own preconceived opinions + or prejudices. He says: "There are certain truths which Americans can only + learn from strangers, or from experience." Let us, then, at least listen + to one who admires us and our institutions, and whose complaints, when he + makes any, are, that we have not perfected our own glorious plans, and + that there are some things yet to be amended. We shall thus furnish a + practical proof, that public opinion in this country is not so intolerant + as the author may be understood to represent it. However mistaken he may + be, his manly appeal to our understandings and to our consciences, should + at least be heard. "If ever," he says, "these lines are read in America, I + am well assured of two things: in the first place, that all who peruse + them will raise their voice to condemn me; and, in the second place, that + very many of them will acquit me at the bottom of their consciences." He + is writing on that very sore subject, the tyranny of public opinion in the + United States. + </p> + <p> + Fully to comprehend the scope of the present work, the author's motive and + object in preparing it should be distinctly kept in view. He has written, + not for America, but for France. "It was not, then, merely to satisfy a + legitimate curiosity," he says, "that I have examined America: my wish has + been to find instruction, by which we might ourselves profit."—"I + sought the image of democracy itself, with its inclinations, its + character, its prejudices, and its passions, in order to learn what we + have to hope or fear from its progress." He thinks that the principle of + democracy has sprung into new life throughout Europe, and particularly in + France, and that it is advancing: with a firm and steady march to the + control of all civilized governments. In his own country, he had seen a + recent attempt to repress its energies within due bounds, and to prevent + the consequences of its excesses. And it seems to be a main object with + him, to ascertain whether these bounds can be relied upon; whether the + dikes and embankments of human contrivance can keep within any appointed + channel this mighty and majestic stream. Giving the fullest confidence to + his declaration, that his book "is written to favor no particular views + and with no design of serving or attacking any party," it is yet evident + that his mind has been very open to receive impressions unfavorable to the + admission into France of the unbounded and unlimited democracy which + reigns in these United States. A knowledge of this inclination of his mind + will necessarily induce some caution in his readers, while perusing those + parts of the work which treat of the effects of our democracy upon the + stability of our government and its administration. While the views of the + author, respecting the application of the democratic principle, in the + extent that it exists with us, to the institutions of France, or to any of + the European nations, are of the utmost importance to the people and + statesmen of those countries, they are scarcely less entitled to the + attention of Americans. He has exhibited, with admirable skill, the causes + and circumstances which prepared our forefathers, gradually, for the + enjoyment of free institutions, and which enable them to sustain, without + abusing, the utmost liberty that was ever enjoyed by any people. In + tracing these causes, in examining how far they continue to influence our + conduct, manners, and opinions, and in searching for the means of + preventing their decay or destruction, the intelligent American reader + will find no better guide than M. DE TOCQUEVILLE. + </p> + <p> + Fresh from the scenes of the "three days" revolution in France, the author + came among us to observe, carefully and critically, the operation of the + new principle on which the happiness of his country, and, as he seems to + believe, the destinies of the civilized world, depend. Filled with the + love of liberty, but remembering the atrocities which, in its name, had + been committed under former dynasties at home, he sought to discover the + means by which it was regulated in America, and reconciled with social + order. By his laborious investigations, and minute observations of the + history of the settlement of the country, and of its progress through the + colonial state to independence, he found the object of his inquiry in the + manners, habits, and opinions, of a people who had been gradually + prepared, by a long course of peculiar circumstances, and by their local + position, for self-government; and he has explained, with a pencil of + light, the mystery that has baffled Europeans and perplexed Americans. He + exhibits us, in our present condition, a new, and to Europeans, a strange + people. His views of our political institutions are more general, + comprehensive, and philosophic than have been presented by any writer, + domestic or foreign. He has traced them from their source, democracy—the + power of the people—and has steadily pursued this + foundation-principle in all its forms and modifications: in the frame of + our governments, in their administration by the different executives, in + our legislation, in the arrangement of our judiciary, in our manners, in + religion, in the freedom and licentiousness of the press, in the influence + of public opinion, and in various subtle recesses, where its existence was + scarcely suspected. In all these, he analyzes and dissects the tendencies + of democracy; heartily applauds where he can, and faithfully and + independently gives warning of dangers that he foresees. No one can read + the result of his observations without better and clearer perceptions of + the structure of out governments, of the great pillars on which they rest, + and of the dangers to which they are exposed: nor without a more profound + and more intelligent admiration of the harmony and beauty of their + formation, and of the safeguards provided for preserving and transmitting + them to a distant posterity. The more that general and indefinite notions + of our own liberty, greatness, happiness, &c., are made to give place + to precise and accurate knowledge of the true merits of our institutions, + the peculiar objects they are calculated to attain or promote, and the + means provided for that purpose, the better will every citizen be enabled + to discharge his great political duty of guarding those means against the + approach of corruption, and of sustaining them against the violence of + party commotions. No foreigner has ever exhibited such a deep, clear, and + correct insight of the machinery of our complicated systems of federal and + state governments. The most intelligent Europeans are confounded with our + <i>imperium in imperio</i>; and their constant wonder is, that these + systems are not continually jostling each other. M. DE TOCQUEVILLE has + clearly perceived, and traced correctly and distinctly, the orbits in + which they move, and has described, or rather defined, our federal + government, with an accurate precision, unsurpassed even by an American + pen. There is no citizen of this country who will not derive instruction + from our author's account of our national government, or, at least, who + will not find his own ideas systematised, and rendered more fixed and + precise, by the perusal of that account. + </p> + <p> + Among other subjects discussed by the author, that of the <i>political + influence</i> of the institution of trial by jury, is one of the most + curious and interesting. He has certainly presented it in a light entirely + new, and as important as it is new. It may be that he has exaggerated its + influence as "a gratuitous public school;" but if he has, the error will + be readily forgiven. + </p> + <p> + His views of religion, as connected with patriotism, in other words, with + the democratic principle, which he steadily keeps in view, are conceived + in the noblest spirit of philanthropy, and cannot fail to confirm the + principles already so thoroughly and universally entertained by the + American people. And no one can read his observations on the union of + "church and state," without a feeling of deep gratitude to the founders of + our government, for saving us from such a prolific source of evil. + </p> + <p> + These allusions to topics that have interested the writer, are not + intended as an enumeration of the various subjects which will arrest the + attention of the American reader. They have been mentioned rather with a + view of exciting an appetite for the whole feast, than as exhibiting the + choice dainties which cover the board. + </p> + <p> + It remains only to observe, that in this edition the constitutions of the + United States and of the state of New York, which had been published at + large in the original and in the English edition, have been omitted, as + they are documents to which every American reader has access. The map + which the author annexed to his work, and which has been hitherto omitted, + is now for the first time inserted in the American edition, to which has + been added the census of 1840. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + <b>CONTENTS</b> + </p> + <p class="toc"> + <a href="#link2H_4_0002"> ADVERTISEMENT. </a> + </p> + <p class="toc"> + <a href="#link2H_PREF"> PREFACE TO THE AMERICAN EDITION. </a> + </p> + <p class="toc"> + <a href="#link2H_TOC"> TABLE OF CONTENTS. </a> + </p> + <p class="toc"> + <a href="#link2H_INTR"> INTRODUCTION. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0005"> <b>AMERICAN INSTITUTIONS.</b> </a> + </p> + <p class="toc"> + <a href="#link2HCH0001"> CHAPTER I. </a> + </p> + <p class="toc"> + <a href="#link2HCH0002"> CHAPTER II. </a> + </p> + <p class="toc"> + <a href="#link2HCH0003"> CHAPTER III. </a> + </p> + <p class="toc"> + <a href="#link2HCH0004"> CHAPTER IV. </a> + </p> + <p class="toc"> + <a href="#link2HCH0005"> CHAPTER V. </a> + </p> + <p class="toc"> + <a href="#link2HCH0006"> CHAPTER VI. </a> + </p> + <p class="toc"> + <a href="#link2HCH0007"> CHAPTER VII. </a> + </p> + <p class="toc"> + <a href="#link2HCH0008"> CHAPTER VIII. </a> + </p> + <p class="toc"> + <a href="#link2HCH0009"> CHAPTER IX. </a> + </p> + <p class="toc"> + <a href="#link2HCH0010"> CHAPTER X. </a> + </p> + <p class="toc"> + <a href="#link2HCH0011"> CHAPTER XI. </a> + </p> + <p class="toc"> + <a href="#link2HCH0012"> CHAPTER XII. </a> + </p> + <p class="toc"> + <a href="#link2HCH0013"> CHAPTER XIII. </a> + </p> + <p class="toc"> + <a href="#link2HCH0014"> CHAPTER XIV. </a> + </p> + <p class="toc"> + <a href="#link2HCH0015"> CHAPTER XV. </a> + </p> + <p class="toc"> + <a href="#link2HCH0016"> CHAPTER XVI. </a> + </p> + <p class="toc"> + <a href="#link2HCH0017"> CHAPTER XVII. </a> + </p> + <p class="toc"> + <a href="#link2HCH0018"> CHAPTER XVIII. </a> + </p> + <p class="toc"> + <a href="#link2H_CONC"> CONCLUSION. </a> + </p> + <p class="toc"> + <a href="#link2H_APPE"> APPENDICES </a> + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2H_TOC" id="link2H_TOC"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + TABLE OF CONTENTS. + </h2> + <p> + PREFACE BY THE AMERICAN EDITOR <br /> Introduction <br /> CHAPTER I. <br /> + Exterior form of North America <br /> CHAPTER II. <br /> Origin of the + Anglo-Americans, and its Importance in Relation to their <br /> future + Condition <br /> Reasons of certain Anomalies which the Laws and Customs of + the <br /> Anglo-Americans present <br /> CHAPTER III. <br /> Social + Condition of the Anglo-Americans <br /> The striking Characteristic of the + social Condition of the <br /> Anglo-Americans is its essential Democracy + <br /> Political Consequences of the social Condition of the + Anglo-Americans <br /> CHAPTER IV. <br /> The Principle of the Sovereignty + of the People in America <br /> CHAPTER V. <br /> Necessity of examining the + Condition of the States before that of the <br /> Union at large <br /> The + American System of Townships and municipal Bodies <br /> Limits of the + Townships <br /> Authorities of the Township in New England <br /> Existence + of the Township <br /> Public Spirit of the Townships of New England <br /> + The Counties of New England <br /> Administration in New England <br /> + General Remarks on the Administration of the United States <br /> Of the + State <br /> Legislative Power of the State <br /> The executive Power of + the State <br /> Political Effects of the System of local Administration in + the <br /> United States <br /> CHAPTER VI. <br /> Judicial Power in the + United States, and its Influence on Political <br /> Society <br /> Other + Powers granted to the American Judges <br /> CHAPTER VII. <br /> Political + Jurisdiction in the United States <br /> CHAPTER VIII. <br /> The federal + Constitution <br /> History of the federal Constitution <br /> Summary of + the federal Constitution <br /> Prerogative of the federal Government <br /> + Federal Powers <br /> Legislative Powers <br /> A farther Difference between + the Senate and the House of Representatives <br /> The executive Power + <br /> Differences between the Position of the President of the United + States <br /> and that of a constitutional King of France. <br /> Accidental + Causes which may increase the Influence of the executive <br /> Government + <br /> Why the President of the United States does not require the Majority + of <br /> the two Houses in Order to carry on the Government <br /> Election + of the President <br /> Mode of Election <br /> Crisis of the Election <br /> + Re-Election of the President <br /> Federal Courts <br /> Means of + determining the Jurisdiction of the federal Courts <br /> Different Cases + of Jurisdiction <br /> Procedure of the federal Courts <br /> High Rank of + the supreme Courts among the great Powers of the State <br /> In what + Respects the federal Constitution is superior to that of the <br /> States + <br /> Characteristics which distinguish the federal Constitution of the + United <br /> States of America from all other federal Constitutions <br /> + Advantages of the federal System in General, and its special Utility in + <br /> America <br /> Why the federal System is not adapted to all Peoples, + and how the <br /> Anglo-Americans were enabled to adopt it <br /> CHAPTER + IX. <br /> Why the People may strictly be said to govern in the United + States <br /> CHAPTER X. <br /> Parties in the United States <br /> Remains + of the aristocratic Party in the United States <br /> CHAPTER XI. <br /> + Liberty of the Press in the United States <br /> CHAPTER XII. <br /> + Political Associations in the United States <br /> CHAPTER XIII. <br /> + Government of the Democracy in America <br /> Universal Suffrage <br /> + Choice of the People, and instinctive Preferences of the American <br /> + Democracy <br /> Causes which may partly correct the Tendencies of the + Democracy <br /> Influence which the American Democracy has exercised on + the Laws <br /> relating to Elections <br /> Public Officers under the + control of the Democracy in America <br /> Arbitrary Power of Magistrates + under the Rule of the American Democracy <br /> Instability of the + Administration in the United States <br /> Charges levied by the State + under the rule of the American Democracy <br /> Tendencies of the American + Democracy as regards the Salaries of public <br /> Officers <br /> + Difficulties of distinguishing the Causes which contribute to the <br /> + Economy of the American Government <br /> Whether the Expenditure of the + United States can be compared to that of <br /> France <br /> Corruption and + vices of the Rulers in a Democracy, and consequent <br /> Effects upon + public Morality <br /> Efforts of which a Democracy is capable <br /> + Self-control of the American Democracy <br /> Conduct of foreign Affairs, + by the American Democracy <br /> CHAPTER XIV. <br /> What the real + Advantages are which American Society derives from the <br /> Government of + the Democracy <br /> General Tendency of the Laws under the Rule of the + American Democracy, <br /> and Habits of those who apply them <br /> Public + Spirit in the United States <br /> Notion of Rights in the United States + <br /> Respect for the Law in the United States <br /> Activity which + pervades all the Branches of the Body politic in the <br /> United States; + Influence which it exercises upon Society <br /> CHAPTER XV. <br /> + Unlimited Power of the Majority in the United States, and its <br /> + Consequences <br /> How the unlimited Power of the Majority increases in + America, the <br /> Instability of Legislation inherent in Democracy <br /> + Tyranny of the Majority <br /> Effects of the unlimited Power of the + Majority upon the arbitrary <br /> Authority of the American public + Officers <br /> Power exercised by the Majority in America upon public + Opinion <br /> Effects of the Tyranny of the Majority upon the national + Character of <br /> the Americans <br /> The greatest Dangers of the + American Republics proceed from the <br /> unlimited Power of the Majority + <br /> CHAPTER XVI. <br /> Causes which Mitigate the Tyranny of the Majority + in the United States <br /> Absence of central Administration <br /> The + Profession of the Law in the United States serves to Counterpoise <br /> + the Democracy <br /> Trial by Jury in the United States considered as a + political Institution <br /> CHAPTER XVII. <br /> Principal Causes which + tend to maintain the democratic Republic in the <br /> United States <br /> + Accidental or providential Causes which contribute to the Maintenance of + <br /> the democratic Republic in the United States <br /> Influence of the + Laws upon the Maintenance of the democratic Republic in <br /> the United + States <br /> Influence of Manners upon the Maintenance of the democratic + Republic in <br /> the United States <br /> Religion considered as a + political Institution, which powerfully <br /> Contributes to the + Maintenance of the democratic Republic among the <br /> Americans <br /> + Indirect Influence of religious Opinions upon political Society in the + <br /> United States <br /> Principal Causes which render Religion powerful + in America <br /> How the Instruction, the Habits, and the practical + Experience of the <br /> Americans, promote the Success of their democratic + Institutions <br /> The Laws contribute more to the Maintenance of the + democratic Republic <br /> in the United States than the physical + Circumstances of the Country, <br /> and the Manners more than the Laws + <br /> Whether Laws and Manners are sufficient to maintain democratic <br /> + Institutions in other Countries beside America <br /> Importance of what + precedes with respect to the State of Europe <br /> CHAPTER XVIII. <br /> + The present and probable future Condition of the three Races which <br /> + Inhabit the Territory of the United States <br /> The present and probable + future Condition of the Indian Tribes which <br /> Inhabit the Territory + possessed by the Union <br /> Situation of the black Population in the + United States, and Dangers with <br /> which its Presence threatens the + Whites <br /> What are the Chances in favor of the Duration of the American + Union, and <br /> what Dangers threaten it <br /> Of the republican + Institutions of the United States, and what their <br /> Chances of + Duration are <br /> Reflections on the Causes of the commercial Prosperity + of the United <br /> States <br /> Conclusion <br /> Appendix <br /> <br /><br /> + </p> + <hr /> + <p> + <a name="link2H_INTR" id="link2H_INTR"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + INTRODUCTION. + </h2> + <p> + Among the novel objects that attracted my attention during my stay in the + United States, nothing struck me more forcibly than the general equality + of conditions. I readily discovered the prodigious influence which this + primary fact exercises on the whole course of society, by giving a certain + direction to public opinion, and a certain tenor to the laws; by imparting + new maxims to the governing powers, and peculiar habits to the governed. + </p> + <p> + I speedily perceived that the influence of this fact extends far beyond + the political character and the laws of the country, and that it has no + less empire over civil society than over the government; it creates + opinions, engenders sentiments, the ordinary practices of life, and + modifies whatever it does not produce. + </p> + <p> + The more I advanced in the study of American society, the more I perceived + that the equality of conditions is the fundamental fact from which all + others seem to be derived, and the central point at which all my + observations constantly terminated. + </p> + <p> + I then turned my thoughts to our own hemisphere, where I imagined that I + discerned something analogous to the spectacle which the New World + presented to me. I observed that the equality of conditions is daily + advancing towards those extreme limits which it seems to have reached in + the United States; and that the democracy which governs the American + communities, appears to be rapidly rising into power in Europe. + </p> + <p> + I hence conceived the idea of the book which is now before the reader. + </p> + <p> + It is evident to all alike that a great democratic revolution is going on + among us; but there are two opinions as to its nature and consequences. To + some it appears to be a novel accident, which as such may still be + checked; to others it seems irresistible, because it is the most uniform, + the most ancient, and the most permanent tendency which is to be found in + history. + </p> + <p> + Let us recollect the situation of France seven hundred years ago, when the + territory was divided among a small number of families, who were the + owners of the soil and the rulers of the inhabitants; the right of + governing descended with the family inheritance from generation to + generation; force was the only means by which man could act on man; and + landed property was the sole source of power. + </p> + <p> + Soon, however, the political power of the clergy was founded, and began to + exert itself; the clergy opened its ranks to all classes, to the poor and + the rich, the villain and the lord; equality penetrated into the + government through the church, and the being who, as a serf, must have + vegetated in perpetual bondage, took his place as a priest in the midst of + nobles, and not unfrequently above the heads of kings. + </p> + <p> + The different relations of men became more complicated and more numerous, + as society gradually became more stable and more civilized. Thence the + want of civil laws was felt; and the order of legal functionaries soon + rose from the obscurity of the tribunals and their dusty chambers, to + appear at the court of the monarch, by the side of the feudal barons in + their ermine and their mail. + </p> + <p> + While the kings were ruining themselves by their great enterprises, and + the nobles exhausting their resources by private wars, the lower orders + were enriching themselves by commerce. The influence of money began to be + perceptible in state affairs. The transactions of business opened a new + road to power, and the financier rose to a station of political influence + in which he was at once flattered and despised. + </p> + <p> + Gradually the spread of mental acquirements, and the increasing taste for + literature and art, opened chances of success to talent; science became + the means of government, intelligence led to social power, and the man of + letters took a part in the affairs of the state. + </p> + <p> + The value attached to the privileges of birth, decreased in the exact + proportion in which new paths were struck out to advancement. In the + eleventh century nobility was beyond all price; in the thirteenth it might + be purchased; it was conferred for the first time in 1270; and equality + was thus introduced into the government by the aristocracy itself. + </p> + <p> + In the course of these seven hundred years, it sometimes happened that, in + order to resist the authority of the crown, or to diminish the power of + their rivals, the nobles granted a certain share of political rights to + the people. Or, more frequently the king permitted the lower orders to + enjoy a degree of power, with the intention of repressing the aristocracy. + </p> + <p> + In France the kings have always been the most active and the most constant + of levellers. When they were strong and ambitious, they spared no pains to + raise the people to the level of the nobles; when they were temperate or + weak, they allowed the people to rise above themselves. Some assisted the + democracy by their talents, others by their vices. Louis XI. and Louis + XIV. reduced every rank beneath the throne to the same subjection; Louis + XV. descended, himself and all his court, into the dust. + </p> + <p> + As soon as land was held on any other than a feudal tenure, and personal + property began in its turn to confer influence and power, every + improvement which was introduced in commerce or manufacture, was a fresh + element of the equality of conditions. Henceforward every new discovery, + every new want which it engendered, and every new desire which craved + satisfaction, was a step toward the universal level. The taste for luxury, + the love of war, the sway of fashion, the most superficial, as well as the + deepest passions of the human heart, co-operated to enrich the poor and to + impoverish the rich. + </p> + <p> + From the time when the exercise of the intellect became the source of + strength and of wealth, it is impossible not to consider every addition to + science, every fresh truth, and every new idea, as a germe of power placed + within the reach of the people. Poetry, eloquence, and memory, the grace + of wit, the glow of imagination, the depth of thought, and all the gifts + which are bestowed by Providence with an equal hand, turned to the + advantage of the democracy; and even when they were in the possession of + its adversaries, they still served its cause by throwing into relief the + natural greatness of man; its conquests spread, therefore, with those of + civilisation and knowledge; and literature became an arsenal, where the + poorest and weakest could always find weapons to their hand. + </p> + <p> + In perusing the pages of our history, we shall scarcely meet with a single + great event, in the lapse of seven hundred years, which has not turned to + the advantage of equality. + </p> + <p> + The crusades and the wars of the English decimated the nobles, and divided + their possessions; the erection of communes introduced an element of + democratic liberty into the bosom of feudal monarchy; the invention of + firearms equalized the villain and the noble on the field of battle; + printing opened the same resources to the minds of all classes; the post + was organized so as to bring the same information to the door of the poor + man's cottage and to the gate of the palace; and protestantism proclaimed + that all men are alike able to find the road to heaven. The discovery of + America offered a thousand new paths to fortune, and placed riches and + power within the reach of the adventurous and the obscure. + </p> + <p> + If we examine what has happened in France at intervals of fifty years, + beginning with the eleventh century, we shall invariably perceive that a + twofold revolution has taken place in the state of society. The noble has + gone down on the social ladder, and the <i>roturier</i> has gone up; the + one descends as the other rises. Every half-century brings them nearer to + each other, and they will very shortly meet. + </p> + <p> + Nor is this phenomenon at all peculiar to France. Whithersoever we turn + our eyes, we shall discover the same continual revolution throughout the + whole of Christendom. + </p> + <p> + The various occurrences of national existence have everywhere turned to + the advantage of democracy; all men have aided it by their exertions; + those who have intentionally labored in its cause, and those who have + served it unwittingly—those who have fought for it, and those who + have declared themselves its opponents—have all been driven along in + the same track, have all labored to one end, some ignorantly, and some + unwillingly; all have been blind instruments in the hands of God. + </p> + <p> + The gradual development of the equality of conditions is, therefore, a + providential fact, and it possesses all the characteristics of a divine + decree: it is universal, it is durable, it constantly eludes all human + interference, and all events as well as all men contribute to its + progress. + </p> + <p> + Would it, then, be wise to imagine that a social impulse which dates from + so far back, can be checked by the efforts of a generation? Is it credible + that the democracy which has annihilated the feudal system, and vanquished + kings, will respect the citizen and the capitalist? Will it stop now that + it has grown so strong and its adversaries so weak? + </p> + <p> + None can say which way we are going, for all terms of comparison are + wanting: the equality of conditions is more complete in the Christian, + countries of the present day, than it has been at any time, or in any part + of the world; so that the extent of what already exists prevents us from + foreseeing what may be yet to come. + </p> + <p> + The whole book which is here offered to the public, has been written under + the impression of a kind of religious dread, produced in the author's mind + by the contemplation of so irresistible a revolution, which has advanced + for centuries in spite of such amazing obstacles, and which is still + proceeding in the midst of the ruins it has made. + </p> + <p> + It is not necessary that God himself should speak in order to disclose to + us the unquestionable signs of his will; we can discern them in the + habitual course of nature, and in the invariable tendency of events; I + know, without a special revelation, that the planets move in the orbits + traced by the Creator's fingers. + </p> + <p> + If the men of our time were led by attentive observation and by sincere + reflection, to acknowledge that the gradual and progressive development of + social equality is at once the past and future of their history, this + solitary truth would confer the sacred character of a divine decree upon + the change. To attempt to check democracy would be in that case to resist + the will of God; and the nations would then be constrained to make the + best of the social lot awarded to them by Providence. + </p> + <p> + The Christian nations of our age seem to me to present a most alarming + spectacle; the impulse which is bearing them along is so strong that it + cannot be stopped, but it is not yet so rapid that it cannot be guided: + their fate is in their hands; yet a little while and it may be so no + longer. + </p> + <p> + The first duty which is at this time imposed upon those who direct our + affairs is to educate the democracy; to warm its faith, if that be + possible; to purify its morals; to direct its energies; to substitute a + knowledge of business for its inexperience, and an acquaintance with its + true interests for its blind propensities; to adapt its government to time + and place, and to modify it in compliance with the occurrences and the + actors of the age. + </p> + <p> + A new science of politics is indispensable to a new world. + </p> + <p> + This, however, is what we think of least; launched in the middle of a + rapid stream, we obstinately fix our eyes on the ruins which may still be + descried upon the shore we have left, while the current sweeps us along, + and drives us backward toward the gulf. + </p> + <p> + In no country in Europe has the great social revolution which I have been + describing, made such rapid progress as in France; but it has always been + borne on by chance. The heads of the state have never had any forethought + for its exigences, and its victories have been obtained without their + consent or without their knowledge. The most powerful, the most + intelligent, and the most moral classes of the nation have never attempted + to connect themselves with it in order to guide it. The people have + consequently been abandoned to its wild propensities, and it has grown up + like those outcasts who receive their education in the public streets, and + who are unacquainted with aught but the vices and wretchedness of society. + The existence of a democracy was seemingly unknown, when, on a sudden, it + took possession of the supreme power. Everything was then submitted to its + caprices; it was worshipped as the idol of strength; until, when it was + enfeebled by its own excesses, the legislator conceived the rash project + of annihilating its power, instead of instructing it and correcting its + vices; no attempt was made to fit it to govern, but all were bent on + excluding it from the government. + </p> + <p> + The consequence of this has been that the democratic revolution has been + effected only in the material parts of society, without that concomitant + change in laws, ideas, customs, and manners, which was necessary to render + such a revolution beneficial. We have gotten a democracy, but without the + conditions which lessen its vices, and render its natural advantages more + prominent; and although we already perceive the evils it brings, we are + ignorant of the benefits it may confer. + </p> + <p> + While the power of the crown, supported by the aristocracy, peaceably + governed the nations of Europe, society possessed, in the midst of its + wretchedness, several different advantages which can now scarcely be + appreciated or conceived. + </p> + <p> + The power of a part of his subjects was an insurmountable barrier to the + tyranny of the prince; and the monarch who felt the almost divine + character which he enjoyed in the eyes of the multitude, derived a motive + for the just use of his power from the respect which he inspired. + </p> + <p> + High as they were placed above the people, the nobles could not but take + that calm and benevolent interest in its fate which the shepherd feels + toward his flock; and without acknowledging the poor as their equals, they + watched over the destiny of those whose welfare Providence had intrusted + to their care. + </p> + <p> + The people, never having conceived the idea of a social condition + different from its own, and entertaining no expectation of ever ranking + with its chiefs, received benefits from them without discussing their + rights. It grew attached to them when they were clement and just, but it + submitted without resistance or servility to their exactions, as to the + inevitable visitations of the arm of God. Custom, and the manners of the + time, had moreover created a species of law in the midst of violence, and + established certain limits to oppression. + </p> + <p> + As the noble never suspected that any one would attempt to deprive him of + the privileges which he believed to be legitimate, and as the serf looked + upon his own inferiority as a consequence of the immutable order of + nature, it is easy to imagine that a mutual exchange of good-will took + place between two classes so differently gifted by fate. Inequality and + wretchedness were then to be found in society; but the souls of neither + rank of men were degraded. + </p> + <p> + Men are not corrupted by the exercise of power or debased by the habit of + obedience; but by the exercise of power which they believe to be illegal, + and by obedience to a rule which they consider to be usurped and + oppressive. + </p> + <p> + On one side were wealth, strength, and leisure, accompanied by the + refinement of luxury, the elegance of taste, the pleasures of wit, and the + religion of art. On the other were labor, and a rude ignorance; but in the + midst of this coarse and ignorant multitude, it was not uncommon to meet + with energetic passions, generous sentiments, profound religious + convictions, and independent virtues. + </p> + <p> + The body of a state thus organized, might boast of its stability, its + power, and above all, of its glory. + </p> + <p> + But the scene is now changed, and gradually the two ranks mingle; the + divisions which once severed mankind, are lowered; property is divided, + power is held in common, the light of intelligence spreads, and the + capacities of all classes are equally cultivated; the state becomes + democratic, and the empire of democracy is slowly and peaceably introduced + into the institutions and manners of the nation. + </p> + <p> + I can conceive a society in which all men would profess an equal + attachment and respect for the laws of which they are the common authors; + in which the authority of the state would be respected as necessary, + though not as divine; and the loyalty of the subject to the chief + magistrate would not be a passion, but a quiet and rational persuasion. + Every individual being in the possession of rights which he is sure to + retain, a kind of manly reliance and reciprocal courtesy would arise + between all classes, alike removed from pride and meanness. + </p> + <p> + The people, well acquainted with its true interests, would allow, that in + order to profit by the advantages of society, it is necessary to satisfy + its demands. In this state of things, the voluntary association of the + citizens might supply the individual exertions of the nobles, and the + community would be alike protected from anarchy and from oppression. + </p> + <p> + I admit that in a democratic state thus constituted, society will not be + stationary; but the impulses of the social body may be regulated and + directed forward; if there be less splendor than in the halls of an + aristocracy, the contrast of misery will be less frequent also; the + pleasures of enjoyment may be less excessive, but those of comfort will be + more general; the sciences may be less perfectly cultivated, but ignorance + will be less common; the impetuosity of the feelings will be repressed, + and the habits of the nation softened; there will be more vices and fewer + crimes. + </p> + <p> + In the absence of enthusiasm and of an ardent faith, great sacrifices may + be obtained from the members of a commonwealth by an appeal to their + understandings and their experience: each individual will feel the same + necessity for uniting with his fellow-citizens to protect his own + weakness; and as he knows that if they are to assist he must co-operate, + he will readily perceive that his personal interest is identified with the + interest of the community. + </p> + <p> + The nation, taken as a whole, will be less brilliant, less glorious, and + perhaps less strong; but the majority of the citizens will enjoy a greater + degree of prosperity, and the people will remain quiet, not because it + despairs of melioration, but because it is conscious of the advantages of + its condition. + </p> + <p> + If all the consequences of this state of things were not good or useful, + society would at least have appropriated all such as were useful and good; + and having once and for ever renounced the social advantages of + aristocracy, mankind would enter into possession of all the benefits which + democracy can afford. + </p> + <p> + But here it may be asked what we have adopted in the place of those + institutions, those ideas, and those customs of our forefathers which we + have abandoned. + </p> + <p> + The spell of royalty is broken, but it has not been succeeded by the + majesty of the laws; the people have learned to despise all authority. But + fear now extorts a larger tribute of obedience than that which was + formerly paid by reverence and by love. + </p> + <p> + I perceive that we have destroyed those independent beings which were able + to cope with tyranny single-handed; but it is the government that has + inherited the privileges of which families, corporations, and individuals, + have been deprived; the weakness of the whole community has, therefore, + succeeded to that influence of a small body of citizens, which, if it was + sometimes oppressive, was often conservative. + </p> + <p> + The division of property has lessened the distance which separated the + rich from the poor; but it would seem that the nearer they draw to each + other, the greater is their mutual hatred, and the more vehement the envy + and the dread with which they resist each other's claims to power; the + notion of right is alike insensible to both classes, and force affords to + both the only argument for the present, and the only guarantee for the + future. + </p> + <p> + The poor man retains the prejudices of his forefathers without their + faith, and their ignorance without their virtues; he has adopted the + doctrine of self-interest as the rule of his actions, without + understanding the science which controls it, and his egotism is no less + blind than his devotedness was formerly. + </p> + <p> + If society is tranquil, it is not because it relies upon its strength and + its well-being, but because it knows its weakness and its infirmities; a + single effort may cost it its life; everybody feels the evil, but no one + has courage or energy enough to seek the cure; the desires, the regret, + the sorrows, and the joys of the time, produce nothing that is visible or + permanent, like the passions of old men which terminate in impotence. + </p> + <p> + We have, then, abandoned whatever advantages the old state of things + afforded, without receiving any compensation from our present condition; + having destroyed an aristocracy, we seem inclined to survey its ruins with + complacency, and to fix our abode in the midst of them. + </p> + <p> + The phenomena which the intellectual world presents, are not less + deplorable. The democracy of France, checked in its course or abandoned to + its lawless passions, has overthrown whatever crossed its path, and has + shaken all that it has not destroyed. Its control over society has not + been gradually introduced, or peaceably established, but it has constantly + advanced in the midst of disorder, and the agitation of a conflict. In the + heat of the struggle each partisan is hurried beyond the limits of his + opinions by the opinions and the excesses of his opponents, until he loses + sight of the end of his exertions, and holds a language which disguises + his real sentiments or secret instincts. Hence arises the strange + confusion which we are beholding. + </p> + <p> + I cannot recall to my mind a passage in history more worthy of sorrow and + of pity than the scenes which are happening under our eyes; it is as if + the natural bond which unites the opinions of man to his tastes, and his + actions to his principles, was now broken; the sympathy which has always + been acknowledged between the feelings and the ideas of mankind, appears + to be dissolved, and all the laws of moral analogy to be abolished. + </p> + <p> + Zealous Christians may be found among us, whose minds are nurtured in the + love and knowledge of a future life, and who readily espouse the cause of + human liberty, as the source of all moral greatness. Christianity, which + has declared that all men are equal in the sight of God, will not refuse + to acknowledge that all citizens are equal in the eye of the law. But, by + a singular concourse of events, religion is entangled in those + institutions which democracy assails, and it is not unfrequently brought + to reject the equality it loves, and to curse that cause of liberty as a + foe, which it might hallow by its alliance. + </p> + <p> + By the side of these religious men I discern others whose looks are turned + to the earth more than to heaven; they are the partisans of liberty, not + only as the source of the noblest virtues, but more especially as the root + of all solid advantages; and they sincerely desire to extend its sway, and + to impart its blessings to mankind. It is natural that they should hasten + to invoke the assistance of religion, for they must know that liberty + cannot be established without morality, nor morality without faith; but + they have seen religion in the ranks of their adversaries, and they + inquire no farther; some of them attack it openly, and the remainder are + afraid to defend it. + </p> + <p> + In former ages slavery has been advocated by the venal and slavish-minded, + while the independent and the warm-hearted were struggling without hope to + save the liberties of mankind. But men of high and generous characters are + now to be met with, whose opinions are at variance with their + inclinations, and who praise that servility which they have themselves + never known. Others, on the contrary, speak in the name of liberty as if + they were able to feel its sanctity and its majesty, and loudly claim for + humanity those rights which they have always disowned. + </p> + <p> + There are virtuous and peaceful individuals whose pure morality, quiet + habits, affluence, and talents, fit them to be the leaders of the + surrounding population; their love of their country is sincere, and they + are prepared to make the greatest sacrifices to its welfare, but they + confound the abuses of civilisation with its benefits, and the idea of + evil is inseparable in their minds from that of novelty. + </p> + <p> + Not far from this class is another party, whose object is to materialise + mankind, to hit upon what is expedient without heeding what is just; to + acquire knowledge without faith, and prosperity apart from virtue; + assuming the title of the champions of modern civilisation, and placing + themselves in a station which they usurp with insolence, and from which + they are driven by their own unworthiness. + </p> + <p> + Where are we then? + </p> + <p> + The religionists are the enemies of liberty, and the friends of liberty + attack religion; the high-minded and the noble advocate subjection, and + the meanest and most servile minds preach independence; honest and + enlightened citizens are opposed to all progress, while men without + patriotism and without principles, are the apostles of civilisation and of + intelligence. + </p> + <p> + Has such been the fate of the centuries which have preceded our own? and + has man always inhabited a world, like the present, where nothing is + linked together, where virtue is without genius, and genius without honor; + where the love of order is confounded with a taste for oppression, and the + holy rites of freedom with a contempt of law; where the light thrown by + conscience on human actions is dim, and where nothing seems to be any + longer forbidden or allowed, honorable or shameful, false or true? + </p> + <p> + I cannot, however, believe that the Creator made man to leave him in an + endless struggle with the intellectual miseries which surround us: God + destines a calmer and a more certain future to the communities of Europe; + I am unacquainted with his designs, but I shall not cease to believe in + them because I cannot fathom them, and I had rather mistrust my own + capacity than his justice. + </p> + <p> + There is a country in the world where the great revolution which I am + speaking of seems nearly to have reached its natural limits; it has been + effected with ease and simplicity, say rather that this country has + attained the consequences of the democratic revolution which we are + undergoing, without having experienced the revolution itself. + </p> + <p> + The emigrants who fixed themselves on the shores of America in the + beginning of the seventeenth century, severed the democratic principle + from all the principles which repressed it in the old communities of + Europe, and transplanted it unalloyed to the New World. It has there been + allowed to spread in perfect freedom, and to put forth its consequences in + the laws by influencing the manners of the country. + </p> + <p> + It appears to me beyond a doubt, that sooner or later we shall arrive, + like the Americans, at an almost complete equality of conditions. But I do + not conclude from this, that we shall ever be necessarily led to draw the + same political consequences which the Americans have derived from a + similar social organization. I am far from supposing that they have chosen + the only form of government which a democracy may adopt; but the identity + of the efficient cause of laws and manners in the two countries is + sufficient to account for the immense interest we have in becoming + acquainted with its effects in each of them. + </p> + <p> + It is not, then, merely to satisfy a legitimate curiosity that I have + examined America; my wish has been to find instruction by which we may + ourselves profit. Whoever should imagine that I have intended to write a + panegyric would be strangely mistaken, and on reading this book, he will + perceive that such was not my design: nor has it been my object to + advocate any form of government in particular, for I am of opinion that + absolute excellence is rarely to be found in any legislation; I have not + even affected to discuss whether the social revolution, which I believe to + be irresistible, is advantageous or prejudicial to mankind; I have + acknowledged this revolution as a fact already accomplished or on the eve + of its accomplishment; and I have selected the nation, from among those + which have undergone it, in which its development has been the most + peaceful and the most complete, in order to discern its natural + consequences, and, if it be possible, to distinguish the means by which it + may be rendered profitable. I confess that in America I saw more than + America; I sought the image of democracy itself, with its inclinations, + its character, its prejudices, and its passions, in order to learn what we + have to fear or to hope from its progress. + </p> + <p> + In the first part of this work I have attempted to show the tendency given + to the laws by the democracy of America, which is abandoned almost without + restraint to its instinctive propensities; and to exhibit the course it + prescribes to the government, and the influence it exercises on affairs. I + have sought to discover the evils and the advantages which it produces. I + have examined the precautions used by the Americans to direct it, as well + as those which they have not adopted, and I have undertaken to point out + the causes which enable it to govern society. + </p> + <p> + It was my intention to depict, in a second part, the influence which the + equality of conditions and the rule of democracy exercise on the civil + society, the habits, the ideas, and the manners of the Americans; I begin, + however, to feel less ardor for the accomplishment of this project, since + the excellent work of my friend and travelling companion M. de Beaumont + has been given to the world.{1} I do not know whether I have succeeded in + making known what I saw in America, but I am certain that such has been my + sincere desire, and that I have never, knowingly, moulded facts to ideas, + instead of ideas to facts. + </p> + <p> + Whenever a point could be established by the aid of written documents, I + have had recourse to the original text, and to the most authentic and + approved works.{2} I have cited my authorities in the notes, and any one + may refer to them. Whenever an opinion, a political custom, or a remark on + the manners of the country was concerned, I endeavored to consult the most + enlightened men I met with. If the point in question was important or + doubtful, I was not satisfied with one testimony, but I formed my opinion + on the evidence of several witnesses. Here the reader must necessarily + believe me upon my word. I could frequently have quoted names which are + either known to him, or which deserve to be so, in proof of what I + advance; but I have carefully abstained from this practice. A stranger + frequently hears important truths at the fireside of his host, which the + latter would perhaps conceal even from the ear of friendship; he consoles + himself with his guest, for the silence to which he is restricted, and the + shortness of the traveller's stay takes away all fear of his indiscretion. + I carefully noted every conversation of this nature as soon as it + occurred, but these notes will never leave my writing-case; I had rather + injure the success of my statements than add my name to the list of those + strangers who repay the generous hospitality they have received by + subsequent chagrin and annoyance. + </p> + <p> + I am aware that, notwithstanding my care, nothing will be easier than to + criticise this book, if any one ever chooses to criticise it. + </p> + <p> + Those readers who may examine it closely will discover the fundamental + idea which connects the several parts together. But the diversity of the + subjects I have had to treat is exceedingly great, and it will not be + difficult to oppose an isolated fact to the body of facts which I quote, + or an isolated idea to the body of ideas I put forth. I hope to be read in + the spirit which has guided my labors, and that my book may be judged by + the general impression it leaves, as I have formed my own judgment not on + any single reason, but upon the mass of evidence. + </p> + <p> + It must not be forgotten that the author who wishes to be understood is + obliged to push all his ideas to their utmost theoretical consequences, + and often to the verge of what is false or impracticable; for if it be + necessary sometimes to quit the rules of logic in active life, such is not + the case in discourse, and a man finds that almost as many difficulties + spring from inconsistency of language, as usually arise from consistency + of conduct. + </p> + <p> + I conclude by pointing out myself what many readers will consider the + principal defect of the work. This book is written to favor no particular + views, and in composing it I have entertained no design of serving or + attacking any party: I have undertaken not to see differently, but to look + farther than parties, and while they are busied for the morrow, I have + turned my thoughts to the future. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {1} This work is entitled, Marie, ou l'Esclavage aux Etats-Unis. + </p> + <p> + {2} Legislative and administrative documents have been furnished me with a + degree of politeness which I shall always remember with gratitude. Among + the American functionaries who thus favored my inquiries I am proud to + name Mr. Edward Livingston, then Secretary of State and late American + minister at Paris. During my stay at the session of Congress, Mr. + Livingston was kind enough to furnish me with the greater part of the + documents I possess relative to the federal government. Mr. Livingston is + one of those rare individuals whom one loves, respects, and admires, from + their writings, and to whom one is happy to incur the debt of gratitude on + further acquaintance. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2H_4_0005" id="link2H_4_0005"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + AMERICAN INSTITUTIONS. + </h2> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0001" id="link2HCH0001"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER I. + </h2> + <h3> + EXTERIOR FORM OF NORTH AMERICA. + </h3> + <p> + North America divided into two vast regions, one inclining toward the + Pole, the other toward the Equator.—Valley of the Mississippi.—Traces + of the Revolutions of the Globe.—Shore of the Atlantic Ocean, where + the English Colonies were founded.—Difference in the Appearance of + North and of South America at the Time of their Discovery.—Forests + of North America.—Prairies.—Wandering Tribes of Natives.—Their + outward Appearance, Manners, and Language.—Traces of an Unknown + People. + </p> + <p> + North America presents in its external form certain general features, + which it is easy to discriminate at the first glance. + </p> + <p> + A sort of methodical order seems to have regulated the separation of land + and water, mountains and valleys. A simple but grand arrangement is + discoverable amid the confusion of objects and the prodigious variety of + scenes. + </p> + <p> + This continent is divided, almost equally, into two vast regions, one of + which is bounded, on the north by the arctic pole, and by the two great + oceans on the east and west. It stretches toward the south, forming a + triangle, whose irregular sides meet at length below the great lakes of + Canada. + </p> + <p> + The second region begins where the other terminates, and includes all the + remainder of the continent. + </p> + <p> + The one slopes gently toward the pole, the other toward the equator. + </p> + <p> + The territory comprehended in the first regions descends toward the north + with so imperceptible a slope that it may almost be said to form a level + plain. Within the bounds of this immense tract of country there are + neither high mountains nor deep valleys. Streams meander through it + irregularly; great rivers mix their currents, separate and meet again, + disperse and form vast marshes, losing all trace of their channels in the + labyrinth of waters they have themselves created; and thus, at length, + after innumerable windings, fall into the polar seas. The great lakes + which bound this first region are not walled in, like most of those in the + Old World, between hills and rocks. Their banks are flat, and rise but a + few feet above the level of their waters; each of them thus forming a vast + bowl filled to the brim. The slightest change in the structure of the + globe would cause their waters to rush either toward the pole or to the + tropical sea. + </p> + <p> + The second region is more varied on its surface, and better suited for the + habitation of man. Two long chains of mountains divide it from one extreme + to the other; the Allegany ridge takes the form of the shores of the + Atlantic ocean; the other is parallel with the Pacific. + </p> + <p> + The space which lies between these two chains of mountains contains + 1,341,649 square miles.{3} Its surface is therefore about six times as + great as that of France. + </p> + <p> + This vast territory, however, forms a single valley, one side of which + descends gradually from the rounded summits of the Alleganies, while the + other rises in an uninterrupted course toward the tops of the Rocky + mountains. + </p> + <p> + At the bottom of the valley flows an immense river, into which the various + streams issuing from the mountains fall from all parts. In memory of their + native land, the French formerly called this the river St. Louis. The + Indians, in their pompous language, have named it the Father of Waters, or + the Mississippi. + </p> + <p> + The Mississippi takes its source above the limit of the two great regions + of which I have spoken, not far from the highest point of the table-land + where they unite. Near the same spot rises another river,{4} which empties + itself into the polar seas. The course of the Mississippi is at first + devious: it winds several times toward the north, whence it rose; and, at + length, after having been delayed in lakes and marshes, it flows slowly + onward to the south. + </p> + <p> + Sometimes quietly gliding along the argillaceous bed which nature has + assigned to it, sometimes swollen by storms, the Mississippi waters 2,500 + miles in its course.{5} At the distance of 1,364 miles from its mouth this + river attains an average depth of fifteen feet; and it is navigated by + vessels of 300 tons burden for a course of nearly 500 miles. Fifty-seven + large navigable rivers contribute to swell the waters of the Mississippi; + among others the Missouri, which traverses a space of 2,500 miles; the + Arkansas of 1,300 miles; the Red river 1,000 miles; four whose course is + from 800 to 1000 miles in length, viz., the Illinois, the St. Peter's, the + St. Francis, and the Moingona; besides a countless number of rivulets + which unite from all parts their tributary streams. + </p> + <p> + The valley which is watered by the Mississippi seems formed to be the bed + of this mighty river, which like a god of antiquity dispenses both good + and evil in its course. On the shores of the stream nature displays an + inexhaustible fertility; in proportion as you recede from its banks, the + powers of vegetation languish, the soil becomes poor, and the plants that + survive have a sickly growth. Nowhere have the great convulsions of the + globe left more evident traces than in the valley of the Mississippi: the + whole aspect of the country shows the powerful effects of water, both by + its fertility and by its barrenness. The waters of the primeval ocean + accumulated enormous beds of vegetable mould in the valley, which they + levelled as they retired. Upon the right shore of the river are seen + immense plains, as smooth as if the husbandman had passed over them with + his roller. As you approach the mountains, the soil becomes more and more + unequal and sterile; the ground is, as it were, pierced in a thousand + places by primitive rocks, which appear like the bones of a skeleton whose + flesh is partly consumed. The surface of the earth is covered with a + granitic sand, and huge irregular masses of stone, among which a few + plants force their growth, and give the appearance of a green field + covered with the ruins of a vast edifice. These stones and this sand + discover, on examination, a perfect analogy with those which compose the + arid and broken summits of the Rocky mountains. The flood of waters which + washed the soil to the bottom of the valley, afterward carried away + portions of the rocks themselves; and these, dashed and bruised against + the neighboring cliffs, were left scattered like wrecks at their feet.{6} + </p> + <p> + The valley of the Mississippi is, upon the whole, the most magnificent + dwelling-place prepared by God for man's abode; and yet it may be said + that at present it is but a mighty desert. + </p> + <p> + On the eastern side of the Alleganies, between the base of these mountains + and the Atlantic ocean, lies a long ridge of rocks and sand, which the sea + appears to have left behind as it retired. The mean breadth of this + territory does not exceed one hundred miles; but it is about nine hundred + miles in length. This part of the American continent has a soil which + offers every obstacle to the husbandman, and its vegetation is scanty and + unvaried. + </p> + <p> + Upon this inhospitable coast the first united efforts of human industry + were made. This tongue of arid land was the cradle of those English + colonies which were destined one day to become the United States of + America. The centre of power still remains there; while in the backward + States the true elements of the great people, to whom the future control + of the continent belongs, are secretly springing up. + </p> + <p> + When the Europeans first landed on the shores of the Antilles, and + afterwards on the coast of South America, they thought themselves + transported into those fabulous regions of which poets had sung. The sea + sparkled with phosphoric light, and the extraordinary transparency of its + waters discovered to the view of the navigator all that had hitherto been + hidden in the deep abyss.{7} Here and there appeared little islands + perfumed with odoriferous plants, and resembling baskets of flowers, + floating on the tranquil surface of the ocean. Every object which met the + sight, in this enchanting region, seemed prepared to satisfy the wants, or + contribute to the pleasures of man. Almost all the trees were loaded with + nourishing fruits, and those which were useless as food, delighted the eye + by the brilliancy and variety of their colors. In groves of fragrant + lemon-trees, wild figs, flowering myrtles, acacias, and oleanders, which + were hung with festoons of various climbing-plants, covered with flowers, + a multitude of birds unknown in Europe displayed their bright plumage, + glittering with purple and azure, and mingled their warbling in the + harmony of a world teeming with life and motion.{8} + </p> + <p> + Underneath this brilliant exterior death was concealed. The air of these + climates had so enervating an influence that man, completely absorbed by + the present enjoyment, was rendered regardless of the future. + </p> + <p> + North America appeared under a very different aspect; there, everything + was grave, serious, and solemn; it seemed created to be the domain of + intelligence, as the south was that of sensual delight. A turbulent and + foggy ocean washed its shores. It was girded round by a belt of granite + rocks, or by wide plains of sand. The foliage of its woods was dark and + gloomy; for they were composed of firs, larches, evergreen oaks, wild + olive-trees, and laurels. + </p> + <p> + Beyond this outer belt lay the thick shades of the central forests, where + the largest trees which are produced in the two hemispheres grow side by + side. The plane, the catalpa, the sugar-maple, and the Virginian poplar, + mingled their branches with those of the oak, the beech, and the lime. + </p> + <p> + In these, as in the forests of the Old World, destruction was perpetually + going on. The ruins of vegetation were heaped upon each other; but there + was no laboring hand to remove them, and their decay was not rapid enough + to make room for the continual work of reproduction. Climbing-plants, + grasses and other herbs, forced their way through the moss of dying trees; + they crept along their bending trunks, found nourishment in their dusty + cavities, and a passage beneath the lifeless bark. Thus decay gave its + assistance to life, and their respective productions were mingled + together. The depths of these forests were gloomy and obscure, and a + thousand rivulets, undirected in their course by human industry, preserved + in them a constant moisture. It was rare to meet with flowers, wild + fruits, or birds, beneath their shades. The fall of a tree overthrown by + age, the rushing torrent of a cataract, the lowing of the buffalo, and the + howling of the wind, were the only sounds which broke the silence of + nature. + </p> + <p> + To the east of the great river the woods almost disappeared; in their + stead were seen prairies of immense extent. Whether nature in her infinite + variety had denied the germes of trees to these fertile plains, or whether + they had once been covered with forests, subsequently destroyed by the + hand of man, is a question which neither tradition nor scientific research + has been able to resolve. + </p> + <p> + These immense deserts were not, however, devoid of human inhabitants. Some + wandering tribes had been for ages scattered among the forest shades or + the green pastures of the prairie. From the mouth of the St. Lawrence to + the Delta of the Mississippi, and from the Atlantic to the Pacific ocean, + these savages possessed certain points of resemblance which bore witness + of their common origin: but at the same time they differed from all other + known races of men:{9} they were neither white like the Europeans, nor + yellow like most of the Asiatics, nor black like the negroes. Their skin + was reddish brown, their hair long and shining, their lips thin, and their + cheek-bones very prominent. The languages spoken by the North American + tribes were various as far as regarded their words, but they were subject + to the same grammatical rules. Those rules differed in several points from + such as had been observed to govern the origin of language. + </p> + <p> + The idiom of the Americans seemed to be the product of new combinations, + and bespoke an effort of the understanding, of which the Indians of our + days would be incapable.{10} + </p> + <p> + The social state of these tribes differed also in many respects from all + that was seen in the Old World. They seemed to have multiplied freely in + the midst of their deserts, without coming in contact with other races + more civilized than their own. + </p> + <p> + Accordingly, they exhibited none of those indistinct, incoherent notions + of right and wrong, none of that deep corruption of manners that is + usually joined with ignorance and rudeness among nations which, after + advancing to civilisation, have relapsed into a state of barbarism. The + Indian was indebted to no one but himself; his virtues, his vices, and his + prejudices, were his own work; he had grown up in the wild independence of + his nature. + </p> + <p> + If, in polished countries, the lowest of the people are rude and uncivil, + it is not merely because they are poor and ignorant, but that, being so, + they are in daily contact with rich and enlightened men. The sight of + their own hard lot and of their weakness, which are daily contrasted with + the happiness and power of some of their fellow creatures, excites in + their hearts at the same time the sentiments of anger and of fear: the + consciousness of their inferiority and of their dependence irritates while + it humiliates them. This state of mind displays itself in their manners + and language; they are at once insolent and servile. The truth of this is + easily proved by observation; the people are more rude in aristocratic + countries than elsewhere; in opulent cities than in rural districts. In + those places where the rich and powerful are assembled together, the weak + and the indigent feel themselves oppressed by their inferior condition. + Unable to perceive a single chance of regaining their equality, they give + up to despair, and allow themselves to fall below the dignity of human + nature. + </p> + <p> + This unfortunate effect of the disparity of conditions is not observable + in savage life; the Indians, although they are ignorant and poor, are + equal and free. + </p> + <p> + At the period when Europeans first came among them, the natives of North + America were ignorant of the value of riches, and indifferent to the + enjoyments which civilized man procures to himself by their means. + Nevertheless there was nothing coarse in their demeanor; they practised an + habitual reserve, and a kind of aristocratic politeness. + </p> + <p> + Mild and hospitable when at peace, though merciless in war beyond any + known degree of human ferocity, the Indian would expose himself to die of + hunger in order to succor the stranger who asked admittance by night at + the door of his hut—yet he could tear in pieces with his hands the + still quivering limbs of his prisoner. The famous republics of antiquity + never gave examples of more unshaken courage, more haughty spirits, or + more intractable love of independence, than were hidden in former times + among the wild forests of the New World.{11} The Europeans produced no + great impression when they landed upon the shores of North America: their + presence engendered neither envy nor fear. What influence could they + possess over such men as we have described? The Indian could live without + wants, suffer without complaint, and pour out his death-song at the + stake.{12} Like all the other members of the great human family, these + savages believed in the existence of a better world, and adored, under + different names, God, the Creator of the universe. Their notions on the + great intellectual truths were, in general, simple and philosophical.{13} + </p> + <p> + Although we have here traced the character of a primitive people, yet it + cannot be doubted that another people, more civilized and more advanced in + all respects, had preceded it in the same regions. + </p> + <p> + An obscure tradition, which prevailed among the Indians to the north of + the Atlantic, informs us that these very tribes formerly dwelt on the west + side of the Mississippi. Along the banks of the Ohio, and throughout the + central valley, there are frequently found, at this day, <i>tumuli</i> + raised by the hands of men. On exploring these heaps of earth to their + centre, it is usual to meet with human bones, strange instruments, arms + and utensils of all kinds, made of a metal, or destined for purposes, + unknown to the present race. + </p> + <p> + The Indians of our time are unable to give any information relative to the + history of this unknown people. Neither did those who lived three hundred + years ago, when America was first discovered, leave any accounts from + which even an hypothesis could be formed. Tradition—that perishable, + yet ever-renewed monument of the pristine world—throws no light upon + the subject. It is an undoubted fact, however, that in this part of the + globe thousands of our fellow-beings had lived. When they came hither, + what was their origin, their destiny, their history, and how they + perished, no one can tell. + </p> + <p> + How strange does it appear that nations have existed, and afterward so + completely disappeared from the earth, that the remembrance of their very + name is effaced: their languages are lost; their glory is vanished like a + sound without an echo; but perhaps there is not one which has not left + behind it a tomb in memory of its passage. The most durable monument of + human labor is that which recalls the wretchedness and nothingness of man. + </p> + <p> + Although the vast country which we have been describing was inhabited by + many indigenous tribes, it may justly be said, at the time of its + discovery by Europeans, to have formed one great desert. The Indians + occupied, without possessing it. It is by agricultural labor that man + appropriates the soil, and the early inhabitants of North America lived by + the produce of the chase. Their implacable prejudices, their uncontrolled + passions, their vices, and still more, perhaps, their savage virtues, + consigned them to inevitable destruction. The ruin of these nations began + from the day when Europeans landed on their shores: it has proceeded ever + since, and we are now seeing the completion of it. They seemed to have + been placed by Providence amid the riches of the New World to enjoy them + for a season, and then surrender them. Those coasts, so admirably adapted + for commerce and industry; those wide and deep rivers; that inexhaustible + valley of the Mississippi; the whole continent, in short, seemed prepared + to be the abode of a great nation, yet unborn. + </p> + <p> + In that land the great experiment was to be made by civilized man, of the + attempt to construct society upon a new basis; and it was there, for the + first time, that theories hitherto unknown, or deemed impracticable, were + to exhibit a spectacle for which the world had not been prepared by the + history of the past. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {3} Darby's "View of the United States." + </p> + <p> + {4} Mackenzie's river. + </p> + <p> + {5} Warden's "Description of the United States." + </p> + <p> + {6} See Appendix A. + </p> + <p> + {7} Malte Brun tells us (vol. v., p. 726) that the water of the Caribbean + sea is so transparent, that corals and fish are discernible at a depth of + sixty fathoms. The ship seemed to float in the air, the navigator became + giddy as his eye penetrated through the crystal flood, and beheld + submarine gardens, or beds of shells, or gilded fishes gliding among tufts + and thickets of seaweed. + </p> + <p> + {8} See Appendix B. + </p> + <p> + {9} With the progress of discovery, some resemblance has been found to + exist between the physical conformation, the language, and the habits of + the Indians of North America, and those of the Tongous, Mantchous, Moguls, + Tartars, and other wandering tribes of Asia. The land occupied by these + tribes is not very distant from Behring's strait; which allows of the + supposition, that at a remote period they gave inhabitants to the desert + continent of America. But this is a point which has not yet been clearly + elucidated by science. See Malte Brun, vol. v.; the works of Humboldt; + Fischer, "Conjecture sur l'Origine des Américains;" Adair, "History of the + American Indians." + </p> + <p> + {10} See Appendix C. + </p> + <p> + {11} We learn from President Jefferson's "Notes upon Virginia," p. 148, + that among the Iroquois, when attacked by a superior force, aged men + refused to fly, or to survive the destruction of their country; and they + braved death like the ancient Romans when their capital was sacked by the + Gauls. Further on, p. 150, he tells us, that there is no example of an + Indian, who, having fallen into the hands of his enemies, begged for his + life; on the contrary, the captive sought to obtain death at the hands of + his conquerors by the use of insult and provocation. + </p> + <p> + {12} See "Histoire de la Louisiane," by Lepage Dupratz; Charlevoix, + "Histoire de la Nouvelle France;" "Lettres du Rev. G. Hecwelder;" + "Transactions of the American Philosophical Society," v. i.; Jefferson's + "Notes on Virginia," pp. 135-190. What is said by Jefferson is of especial + weight, on account of the personal merit of the writer, and of the + matter-of-fact age in which he lived. + </p> + <p> + {13} See Appendix D. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0002" id="link2HCH0002"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER II. + </h2> + <p> + ORIGIN OF THE ANGLO-AMERICANS AND ITS IMPORTANCE, IN RELATION TO THEIR + FUTURE CONDITION. + </p> + <p> + Utility of knowing the Origin of Nations in order to understand their + social Condition and their Laws.—America the only Country in which + the Starting-Point of a great People has been clearly observable.—In + what respects all who emigrated to British America were similar.—In + what they differed.—Remark applicable to all the Europeans who + established themselves on the shores of the New World.—Colonization + of Virginia.—Colonization of New England.—Original Character + of the first inhabitants of New England.—Their Arrival.—Their + first Laws.—Their social Contract.—Penal Code borrowed from + the Hebrew Legislation.—Religious Fervor.—Republican Spirit.—Intimate + Union of the Spirit of Religion with the Spirit of Liberty. + </p> + <p> + After the birth of a human being, his early years are obscurely spent in + the toils or pleasures of childhood. As he grows up, the world receives + him, when his manhood begins, and he enters into contact with his fellows. + He is then studied for the first time, and it is imagined that the germe + of the vices and the virtues of his maturer years is then formed. + </p> + <p> + This, if I am not mistaken, is a great error. We must begin higher up; we + must watch the infant in his mother's arms; we must see the first images + which the external world casts upon the dark mirror of his mind; the first + occurrences which he beholds; we must hear the first words which awaken + the sleeping powers of thought, and stand by his earliest efforts, if we + would understand the prejudices, the habits, and the passions, which will + rule his life. The entire man is, so to speak, to be seen in the cradle of + the child. + </p> + <p> + The growth of nations presents something analogous to this; they all bear + some marks of their origin; and the circumstances which accompanied their + birth and contributed to their rise, affect the whole term of their being. + </p> + <p> + If we were able to go back to the elements of states, and to examine the + oldest monuments of their history, I doubt not that we should discover the + primary cause of the prejudices, the habits, the ruling passions, and in + short of all that constitutes what is called the national character: we + should then find the explanation of certain customs which now seem at + variance with prevailing manners, of such laws as conflict with + established principles, and of such incoherent opinions as are here and + there to be met with in society, like those fragments of broken chains + which we sometimes see hanging from the vault of an edifice, and + supporting nothing. This might explain the destinies of certain nations + which seem borne along by an unknown force to ends of which they + themselves are ignorant. But hitherto facts have been wanting to + researches of this kind: the spirit of inquiry has only come upon + communities in their latter days; and when they at length turned their + attention to contemplate their origin, time had already obscured it, or + ignorance and pride adorned it with truth-concealing fables. + </p> + <p> + America is the only country in which it has been possible to study the + natural and tranquil growth of society, and where the influence exercised + on the future condition of states by their origin is clearly + distinguishable. + </p> + <p> + At the period when the people of Europe landed in the New World, their + national characteristics were already completely formed; each of them had + a physiognomy of its own; and as they had already attained that stage of + civilisation at which men are led to study themselves, they have + transmitted to us a faithful picture of their opinions, their manners, and + their laws. The men of the sixteenth century are almost as well known to + us as our contemporaries. America consequently exhibits in the broad light + of day the phenomena which the ignorance or rudeness of earlier ages + conceals from our researches. Near enough to the time when the states of + America were founded to be accurately acquainted with their elements, and + sufficiently removed from that period to judge of some of their results. + The men of our own day seem destined to see farther than their + predecessors into the series of human events. Providence has given us a + torch which our forefathers did not possess, and has allowed us to discern + fundamental causes in the history of the world which the obscurity of the + past concealed from them. + </p> + <p> + If we carefully examine the social and political state of America, after + having studied its history, we shall remain perfectly convinced that not + an opinion, not a custom, not a law, I may even say not an event, is upon + record which the origin of that people will not explain. The readers of + this book will find the germe of all that is to follow in the present + chapter, and the key to almost the whole work. + </p> + <p> + The emigrants who came at different periods to occupy the territory now + covered by the American Union, differed from each other in many respects; + their aim was not the same, and they governed themselves on different + principles. + </p> + <p> + These men had, however, certain features in common, and they were all + placed in an analogous situation. The tie of language is perhaps the + strongest and most durable that can unite mankind. All the emigrants spoke + the same tongue; they were all offsets from the same people. Born in a + country which had been agitated for centuries by the struggles of faction, + and in which all parties had been obliged in their turn to place + themselves under the protection of the laws, their political education had + been perfected in this rude school, and they were more conversant with the + notions of right, and the principles of true freedom, than the greater + part of their European contemporaries. At the period of the first + emigrations, the parish system, that fruitful germe of free institutions, + was deeply rooted in the habits of the English; and with it the doctrine + of the sovereignty of the people had been introduced even into the bosom + of the monarchy of the house of Tudor. + </p> + <p> + The religious quarrels which have agitated the Christian world were then + rife. England had plunged into the new order of things with headlong + vehemence. The character of its inhabitants, which had always been sedate + and reflecting, became argumentative and austere. General information had + been increased by intellectual debate, and the mind had received a deeper + cultivation. While religion was the topic of discussion, the morals of the + people were reformed. All these national features are more or less + discoverable in the physiognomy of those adventurers who came to seek a + new home on the opposite shores of the Atlantic. + </p> + <p> + Another remark, to which we shall hereafter have occasion to recur, is + applicable not only to the English, but to the French, the Spaniards, and + all the Europeans who successively established themselves in the New + World. All these European colonies contained the elements, if not the + development of a complete democracy. Two causes led to this result. It may + safely be advanced, that on leaving the mother-country the emigrants had + in general no notion of superiority over one another. The happy and the + powerful do not go into exile, and there are no surer guarantees of + equality among men than poverty and misfortune. It happened, however, on + several occasions that persons of rank were driven to America by political + and religious quarrels. Laws were made to establish a gradation of ranks; + but it was soon found that the soil of America was entirely opposed to a + territorial aristocracy. To bring that refractory land into cultivation, + the constant and interested exertions of the owner himself were necessary; + and when the ground was prepared, its produce was found to be insufficient + to enrich a master and a farmer at the same time. The land was then + naturally broken up into small portions, which the proprietor cultivated + for himself. Land is the basis of an aristocracy, which clings to the soil + that supports it; for it is not by privileges alone, nor by birth, but by + landed property handed down from generation to generation, that an + aristocracy is constituted. A nation may present immense fortunes and + extreme wretchedness; but unless those fortunes are territorial, there is + no aristocracy, but simply the class of the rich and that of the poor. + </p> + <p> + All the British colonies had then a great degree of similarity at the + epoch of their settlement. All of them, from their first beginning, seemed + destined to behold the growth, not of the aristocratic liberty of their + mother-country, but of that freedom of the middle and lower orders of + which the history of the world has as yet furnished no complete example. + </p> + <p> + In this general uniformity several striking differences were however + discernible, which it is necessary to point out. Two branches may be + distinguished in the Anglo-American family, which have hitherto grown up + without entirely commingling; the one in the south, the other in the + north. + </p> + <p> + Virginia received the first English colony; the emigrants took possession + of it in 1607. The idea that mines of gold and silver are the sources of + national wealth, was at that time singularly prevalent in Europe; a fatal + delusion, which has done more to impoverish the nations which adopted it, + and has cost more lives in America, than the united influence of war and + bad laws. The men sent to Virginia{14} were seekers of gold, adventurers + without resources and without character, whose turbulent and restless + spirits endangered the infant colony,{15} and rendered its progress + uncertain. The artisans and agriculturists arrived afterward; and although + they were a more moral and orderly race of men, they were in nowise above + the level of the inferior classes in England.{16} No lofty conceptions, no + intellectual system directed the foundation of these new settlements. The + colony was scarcely established when slavery was introduced,{17} and this + was the main circumstance which has exercised so prodigious an influence + on the character, the laws, and all the future prospects of the south. + </p> + <p> + Slavery, as we shall afterward show, dishonors labor; it introduces + idleness into society, and, with idleness, ignorance and pride, luxury and + distress. It enervates the powers of the mind, and benumbs the activity of + man. The influence of slavery, united to the English character, explains + the mariners and the social condition of the southern states. + </p> + <p> + In the north, the same English foundation was modified by the most + opposite shades of character; and here I may be allowed to enter into some + details. The two or three main ideas which constitute the basis of the + social theory of the United States, were first combined in the northern + British colonies, more generally denominated the states of New + England.{18} The principles of New England spread at first to the + neighboring states; they then passed successively to the more distant + ones; and at length they embued the whole confederation. They now extend + their influence beyond its limits over the whole American world. The + civilisation of New England has been like a beacon lit upon a hill, which, + after it has diffused its warmth around, tinges the distant horizon with + its glow. + </p> + <p> + The foundation of New England was a novel spectacle, and all the + circumstances attending it were singular and original. The large majority + of colonies have been first inhabited either by men without education and + without resources, driven by their poverty and their misconduct from the + land which gave them birth, or by speculators and adventurers greedy of + gain. Some settlements cannot even boast so honorable an origin: St. + Domingo was founded by buccaneers; and, at the present day, the criminal + courts of England supply the population of Australia. + </p> + <p> + The settlers who established themselves on the shores of New England all + belonged to the more independent classes of their native country. Their + union on the soil of America at once presented the singular phenomenon of + a society containing neither lords nor common people, neither rich nor + poor. These men possessed, in proportion to their number, a greater mass + of intelligence than is to be found in any European nation of our own + time. All, without a single exception, had received a good education, and + many of them were known in Europe for their talents and their + acquirements. The other colonies had been founded by adventurers without + family; the emigrants of New England brought with them the best elements + of order and morality, they landed in the desert accompanied by their + wives and children. But what most especially distinguished them was the + aim of their undertaking. They had not been obliged by necessity to leave + their country, the social position they abandoned was one to be regretted, + and their means of subsistence were certain. Nor did they cross the + Atlantic to improve their situation, or to increase their wealth; the call + which summoned them from the comforts of their homes was purely + intellectual; and in facing the inevitable sufferings of exile, their + object was the triumph of an idea. + </p> + <p> + The emigrants, or, as they deservedly styled themselves, the pilgrims, + belonged to that English sect, the austerity of whose principles had + acquired for them the name of puritans. Puritanism was not merely a + religious doctrine, but it corresponded in many points with the most + absolute democratic and republican theories. It was this tendency which + had aroused its most dangerous adversaries. Persecuted by the government + of the mother-country, and disgusted by the habits of a society opposed to + the rigor of their own principles, the puritans went forth to seek some + rude and unfrequented part of the world, where they could live according + to their own opinions, and worship God in freedom. + </p> + <p> + A few quotations will throw more light upon the spirit of these pious + adventurers than all we can say of them. Nathaniel Morton,{19} the + historian of the first years of the settlement, thus opens his subject:— + </p> + <p> + "GENTLE READER: I have for some length of time looked upon it as a duty + incumbent, especially on the immediate successors of those that have had + so large experience of those many memorable and signal demonstrations of + God's goodness, viz., the first beginning of this plantation in New + England, to commit to writing his gracious dispensations on that behalf; + having so many inducements thereunto, not only otherwise, but so + plentifully in the Sacred Scriptures: that so, what we have seen, and what + our fathers have told us (Psalm lxxviii., 3, 4), we may not hide from our + children, showing to the generations to come the praises of the Lord; that + especially the seed of Abraham his servant, and the children of Jacob his + chosen (Psalm cv., 5, 6), may remember his marvellous works in the + beginning and progress of the planting of New England, his wonders and the + judgments of his mouth; how that God brought a vine into this wilderness; + that he cast out the heathen and planted it; that he made room for it, and + caused it to take deep root; and it filled the land (Psalm lxxx., 8, 9). + And not onely so, but also that he hath guided his people by his strength + to his holy habitation, and planted them in the mountain of his + inheritance in respect of precious gospel enjoyments: and that as + especially God may have the glory of all unto whom it is most due; so also + some rays of glory may reach the names of those blessed saints, that were + the main instruments and the beginning of this happy enterprise." + </p> + <p> + It is impossible to read this opening paragraph without an involuntary + feeling of religious awe; it breathes the very savor of gospel antiquity. + The sincerity of the author heightens his power of language. The band, + which to his eyes was a mere party of adventurers, gone forth to seek + their fortune beyond the seas, appears to the reader as the germe of a + great nation wafted by Providence to a predestined shore. + </p> + <p> + The author thus continues his narrative of the departure of the first + pilgrims:— + </p> + <p> + "So they left that goodly and pleasant city of Leyden, which had been + their resting-place for above eleven years; but they knew that they were + pilgrims and strangers here below, and looked not much on these things, + but lifted up their eyes to Heaven, their dearest country, where God hath + prepared for them a city (Heb. xi., 16), and therein quieted their + spirits. When they came to Delfs-Haven they found the ship and all things + ready; and such of their friends as could come with them, followed after + them, and sundry came from Amsterdam to see them shipt, and to take their + leaves of them. One night was spent with little sleep with the most, but + with friendly entertainment and Christian discourse, and other real + expressions of true Christian love. The next day they went on board, and + their friends with them, where truly doleful was the sight of that sad and + mournful parting, to hear what sighs and sobs and prayers did sound among + them; what tears did gush from every eye, and pithy speeches pierced each + other's heart, that sundry of the Dutch strangers that stood on the key as + spectators could not refrain from tears. But the tide (which stays for no + man) calling them away that were thus loath to depart, their reverend + pastor falling down on his knees, and they all with him, with watery + cheeks commended them with most fervent prayers unto the Lord and his + blessing; and then, with mutual embraces and many tears, they took their + leaves one of another, which proved to be the last leave to many of them." + </p> + <p> + The emigrants were about 150 in number, including the women and the + children. Their object was to plant a colony on the shores of the Hudson; + but after having been driven about for some time in the Atlantic ocean, + they were forced to land on that arid coast of New England which is now + the site of the town of Plymouth. The rock is still shown on which the + pilgrims disembarked.{20} + </p> + <p> + "But before we pass on," continues our historian, "let the reader with me + make a pause, and seriously consider this poor people's present condition, + the more to be raised up to admiration of God's goodness toward them in + their preservation: for being now passed the vast ocean, and a sea of + troubles before them in expectation, they had now no friends to welcome + them, no inns to entertain or refresh them, no houses, or much less towns + to repair unto to seek for succor; and for the season it was winter, and + they that know the winters of the country know them to be sharp and + violent, subject to cruel and fierce storms, dangerous to travel to known + places, much more to search unknown coasts. Besides, what could they see + but a hideous and desolate wilderness, full of wilde beasts, and wilde + men? and what multitudes of them there were, they then knew not: for which + way soever they turned their eyes (save upward to Heaven) they could have + but little solace or content in respect of any outward object; for summer + being ended, all things stand in appearance with a weather-beaten face, + and the whole country full of woods and thickets represented a wild and + savage hue; if they looked behind them, there was the mighty ocean which + they had passed, and was now as a main bar or gulph to separate them from + all the civil parts of the world." + </p> + <p> + It must not be imagined that the piety of the puritans was of a merely + speculative kind, or that it took no cognizance of the course of worldly + affairs. Puritanism, as I have already remarked, was scarcely less a + political than a religious doctrine. No sooner had the emigrants landed on + the barren coast, described by Nathaniel Morton, than their first care was + to constitute a society, by passing the following act:{21}— + </p> + <p> + "IN THE NAME OF GOD, AMEN! We, whose names are underwritten, the loyal + subjects of our dread sovereign lord King James, &c., &c., having + undertaken for the glory of God and advancement of the Christian faith, + and the honor of our king and country, a voyage to plant the first colony + in the northern parts of Virginia: do by these presents solemnly and + mutually, in the presence of God and one another, covenant and combine + ourselves together into a civil body politic, for our better ordering and + preservation, and furtherance of the ends aforesaid: and by virtue hereof + do enact, constitute, and frame, such just and equal laws, ordinances, + acts, constitutions, and officers, from time to time, as shall be thought + most meet and convenient for the general good of the colony: unto which we + promise all due submission and obedience," &c.{22} + </p> + <p> + This happened in 1620, and from that time forward the emigration went on. + The religious and political passions which ravished the British empire + during the whole reign of Charles I., drove fresh crowds of sectarians + every year to the shores of America. In England the stronghold of + puritanism was in the middle classes, and it was from the middle classes + that the majority of the emigrants came. The population of New England + increased rapidly; and while the hierarchy of rank despotically classed + the inhabitants of the mother-country, the colony continued to present the + novel spectacle of a community homogeneous in all its parts. A democracy, + more perfect than any which antiquity had dreamed of, started in full size + and panoply from the midst of an ancient feudal society. + </p> + <p> + The English government was not dissatisfied with an emigration which + removed the elements of fresh discord and of future revolutions. On the + contrary, everything was done to encourage it, and little attention was + paid to the destiny of those who sought a shelter from the rigor of their + country's laws on the soil of America. It seemed as if New England was a + region given up to the dreams of fancy, and the unrestrained experiments + of innovators. + </p> + <p> + The English colonies (and this is one of the main causes of their + prosperity) have always enjoyed more internal freedom and more political + independence than the colonies of other nations; but this principle of + liberty was nowhere more extensively applied than in the states of New + England. + </p> + <p> + It was generally allowed at that period that the territories of the New + World belonged to that European nation which had been the first to + discover them. Nearly the whole coast of North America thus became a + British possession toward the end of the sixteenth century. The means used + by the English government to people these new domains were of several + kinds: the king sometimes appointed a governor of his own choice, who + ruled a portion of the New World in the name and under the immediate + orders of the crown;{23} this is the colonial system adopted by the other + countries of Europe. Sometimes grants of certain tracts were made by the + crown to an individual or to a company,{24} in which case all the civil + and political power fell into the hands of one or more persons, who, under + the inspection and control of the crown, sold the lands and governed the + inhabitants. Lastly, a third system consisted in allowing a certain number + of emigrants to constitute a political society under the protection of the + mother-country, and to govern themselves in whatever was not contrary to + her laws. This mode of colonization, so remarkably favorable to liberty, + was adopted only in New England.{25} + </p> + <p> + In 1628,{26} a charter of this kind was granted by Charles I. to the + emigrants who went to form the colony of Massachusetts. But, in general, + charters were not given to the colonies of New England till they had + acquired a certain existence. Plymouth, Providence, New Haven, the state + of Connecticut, and that of Rhode Island,{27} were founded without the + co-operation, and almost without the knowledge of the mother-country. The + new settlers did not derive their incorporation from the head of the + empire, although they did not deny its supremacy; they constituted a + society of their own accord, and it was not till thirty or forty years + afterward, under Charles II., that their existence was legally recognised + by a royal charter. + </p> + <p> + This frequently renders it difficult to detect the link which connected + the emigrants with the land of their forefathers, in studying the earliest + historical and legislative records of New England. They perpetually + exercised the rights of sovereignty; they named their magistrates, + concluded peace or declared war, made police regulations, and enacted + laws, as if their allegiance was due only to God.{28} Nothing can be more + curious, and at the same time more instructive than the legislation of + that period; it is there that the solution of the great social problem + which the United States now present to the world is to be found. + </p> + <p> + Among these documents we shall notice as especially characteristic, the + code of laws promulgated by the little state of Connecticut in 1650.{29} + </p> + <p> + The legislators of Connecticut{30} begin with the penal laws, and, strange + to say, they borrow their provisions from the text of holy writ. + </p> + <p> + "Whoever shall worship any other God than the Lord," says the preamble of + the code, "shall surely be put to death." This is followed by ten or + twelve enactments of the same kind, copied verbatim from the books of + Exodus, Leviticus, and Deuteronomy. Blasphemy, sorcery, adultery,{31} and + rape were punished with death; an outrage offered by a son to his parents, + was to be expiated by the same penalty. The legislation of a rude and + half-civilized people was thus transferred to an enlightened and moral + community. The consequence was, that the punishment of death was never + more frequently prescribed by the statute, and never more rarely enforced + toward the guilty. + </p> + <p> + The chief care of the legislators, in this body of penal laws, was the + maintenance of orderly conduct and good morals in the community: they + constantly invaded the domain of conscience, and there was scarcely a sin + which they did not subject to magisterial censure. The reader is aware of + the rigor with which these laws punished rape and adultery; intercourse + between unmarried persons was likewise severely repressed. The judge was + empowered to inflict a pecuniary penalty, a whipping, or marriage,{32} on + the misdemeanants; and if the records of the old courts of New Haven may + be believed, prosecutions of this kind were not infrequent. We find a + sentence bearing date the first of May, 1660, inflicting a fine and a + reprimand on a young woman who was accused of using improper language, and + of allowing herself to be kissed.{33} The code of 1650 abounds in + preventive measures. It punishes idleness and drunkenness with + severity.{34} Innkeepers are forbidden to furnish more than a certain + quantity of liquor to each customer; and simple lying, whenever it may be + injurious,{35} is checked by a fine or a flogging. In other places, the + legislator, entirely forgetting the great principles of religious + toleration which he had himself upheld in Europe, renders attendance on + divine service compulsory,{36} and goes so far as to visit with severe + punishment,{37} and even with death, the Christians who chose to worship + God according to a ritual differing from his own.{38} Sometimes indeed, + the zeal of his enactments induces him to descend to the most frivolous + particulars: thus a law is to be found in the same code which prohibits + the use of tobacco.{39} It must not be forgotten that these fantastical + and vexatious laws were not imposed by authority, but that they were + freely voted by all the persons interested, and that the manners of the + community were even more austere and more puritanical than the laws. In + 1649 a solemn association was formed in Boston to check the worldly luxury + of long hair.{40} + </p> + <p> + These errors are no doubt discreditable to the human reason; they attest + the inferiority of our nature, which is incapable of laying firm hold upon + what is true and just, and is often reduced to the alternative of two + excesses. In strict connection with this penal legislation, which bears + such striking marks of a narrow sectarian spirit, and of those religious + passions which had been warmed by persecution, and were still fermenting + among the people, a body of political laws is to be found, which, though + written two hundred years ago, is still ahead of the liberties of our age. + </p> + <p> + The general principles which are the groundwork of modern constitutions—principles + which were imperfectly known in Europe, and not completely triumphant even + in Great Britain, in the seventeenth century—were all recognised and + determined by the laws of New England: the intervention of the people in + public affairs, the free voting of taxes, the responsibility of + authorities, personal liberty, and trial by jury, were all positively + established without discussion. + </p> + <p> + From these fruitful principles, consequences have been derived and + applications have been made such as no nation in Europe has yet ventured + to attempt. + </p> + <p> + In Connecticut the electoral body consisted, from its origin, of the whole + number of citizens; and this is readily to be understood,{41} when we + recollect that this people enjoyed an almost perfect equality of fortune, + and a still greater uniformity of capacity.{42} In Connecticut, at this + period, all the executive functionaries were elected, including the + governor of the state.{43} The citizens above the age of sixteen were + obliged to bear arms; they formed a national militia, which appointed its + own officers, and was to hold itself at all times in readiness to march + for the defence of the country.{44} + </p> + <p> + In the laws of Connecticut, as well as in those of New England, we find + the germe and gradual development of that township independence, which is + the life and mainspring of American liberty at the present day. The + political existence of the majority of the nations of Europe commenced in + the superior ranks of society, and was gradually and always imperfectly + communicated to the different members of the social body. In America, on + the other hand, it may be said that the township was organized before the + county, the county before the state, the state before the Union. + </p> + <p> + In New England, townships were completely and definitively constituted as + early as 1650. The independence of the township was the nucleus around + which the local interests, passions, rights, and duties, collected and + clung. It gave scope to the activity of a real political life, most + thoroughly democratic and republican. The colonies still recognised the + supremacy of the mother-country; monarchy was still the law of the state; + but the republic was already established in every township. + </p> + <p> + The towns named their own magistrates of every kind, rated themselves, and + levied their own taxes.{45} In the townships of New England the law of + representation was not adopted, but the affairs of the community were + discussed, as at Athens, in the market-place, by a general assembly of the + citizens. + </p> + <p> + In studying the laws which were promulgated at this first era of the + American republics, it is impossible not to be struck by the remarkable + acquaintance with the science of government, and the advanced theory of + legislation, which they display. The ideas there formed of the duties of + society toward its members, are evidently much loftier and more + comprehensive than those of the European legislators at that time: + obligations were there imposed which were elsewhere slighted. In the + states of New England, from the first, the condition of the poor was + provided for;{46} strict measures were taken for the maintenance of roads, + and surveyors were appointed to attend to them;{47} registers were + established in every parish, in which the results of public deliberations, + and the births, deaths, and marriages of the citizens were entered;{48} + clerks were directed to keep these registers;{49} officers were charged + with the administration of vacant inheritances, and with the arbitration + of litigated landmarks; and many others were created whose chief functions + were the maintenance of public order in the community.{50} The law enters + into a thousand useful provisions for a number of social wants which are + at present very inadequately felt in France. + </p> + <p> + But it is by the attention it pays to public education that the original + character of American civilisation is at once placed in the clearest + light. "It being," says the law, "one chief project of Satan to keep men + from the knowledge of the Scripture by persuading from the use of tongues, + to the end that learning may not be buried in the graves of our + forefathers, in church and commonwealth, the Lord assisting our + endeavors."{51} Here follow clauses establishing schools in every + township, and obliging the inhabitants, under pain of heavy fines, to + support them. Schools of a superior kind were founded in the same manner + in the more populous districts. The municipal authorities were bound to + enforce the sending of children to school by their parents; they were + empowered to inflict fines upon all who refused compliance; and in cases + of continued resistance, society assumed the place of the parent, took + possession of the child, and deprived the father of those natural rights + which he used to so bad a purpose. The reader will undoubtedly have + remarked the preamble of these enactments: in America, religion is the + road to knowledge, and the observance of the divine laws leads men to + civil freedom. + </p> + <p> + If, after having cast a rapid glance over the state of American society in + 1650, we turn to the condition of Europe, and more especially to that of + the continent, at the same period, we cannot fail to be struck with + astonishment. On the continent of Europe, at the beginning of the + seventeenth century, absolute monarchy had everywhere triumphed over the + ruins of the oligarchical and feudal liberties of the middle ages. Never + were the notions of right more completely confounded than in the midst of + the splendor and literature of Europe; never was there less political + activity among the people; never were the principles of true freedom less + widely circulated, and at that very time, those principles, which were + scorned or unknown by the nations of Europe, were proclaimed in the + deserts of the New World, and were accepted as the future creed of a great + people. The boldest theories of the human reason were put into practice by + a community so humble, that not a statesman condescended to attend to it; + and a legislation without precedent was produced off-hand by the + imagination of the citizens. In the bosom of this obscure democracy, which + had as yet brought forth neither generals, nor philosophers, nor authors, + a man might stand up in the face of a free people, and pronounce amid + general acclamations the following fine definition of liberty:{52}— + </p> + <p> + "Nor would I have you to mistake in the point of your own liberty. There + is a liberty of corrupt nature, which is affected both by men and beasts + to do what they list; and this liberty is inconsistent with authority, + impatient of all restraint; by this liberty '<i>sumus omnes deteriores</i>;' + it is the grand enemy of truth and peace, and all the ordinances of God + are bent against it. But there is a civil, a moral, a federal liberty, + which is the proper end and object of authority; it is a liberty for that + only which is just and good: for this liberty you are to stand with the + hazard of your very lives, and whatsoever crosses it is not authority, but + a distemper thereof. This liberty is maintained in a way of subjection to + authority; and the authority set over you will, in all administrations for + your good, be quietly submitted unto by all but such as have a disposition + to shake off the yoke and lose their true liberty, by their murmuring at + the honor and power of authority." + </p> + <p> + The remarks I have made will suffice to display the character of + Anglo-American civilisation in its true light. It is the result (and this + should be constantly present to the mind) of two distinct elements, which + in other places have been in frequent hostility, but which in America have + admirably incorporated and combined with one another. I allude to the + spirit of religion and the spirit of liberty. + </p> + <p> + The settlers of New England were at the same time ardent sectarians and + daring innovators. Narrow as the limits of some of their religious + opinions were, they were entirely free from political prejudices. + </p> + <p> + Hence arose two tendencies, distinct but not opposite, which are + constantly discernible in the manners as well as in the laws of the + country. + </p> + <p> + It might be imagined that men who sacrificed their friends, their family, + and their native land, to a religious conviction, were absorbed in the + pursuit of the intellectual advantages which they purchased at so dear a + rate. The energy, however, with which they strove for the acquirements of + wealth, moral enjoyment, and the comforts as well as the liberties of the + world, was scarcely inferior to that with which they devoted themselves to + Heaven. + </p> + <p> + Political principles, and all human laws and institutions were moulded and + altered at their pleasure; the barriers of the society in which they were + born were broken down before them; the old principles which had governed + the world for ages were no more; a path without a turn, and a field + without a horizon, were opened to the exploring and ardent curiosity of + man; but at the limits of the political world he checks his researches, he + discreetly lays aside the use of his most formidable faculties, he no + longer consents to doubt or to innovate, but carefully abstaining from + raising the curtain of the sanctuary, he yields with submissive respect to + truths which he will not discuss. + </p> + <p> + Thus in the moral world, everything is classed, adapted, decided, and + foreseen; in the political world everything is agitated, uncertain, and + disputed: in the one is a passive, though a voluntary obedience; in the + other an independence, scornful of experience and jealous of authority. + </p> + <p> + These two tendencies, apparently so discrepant, are far from conflicting; + they advance together, and mutually support each other. + </p> + <p> + Religion perceives that civil liberty affords a noble exercise to the + faculties of man, and that the political world is a field prepared by the + Creator for the efforts of the intelligence. Contented with the freedom + and the power which it enjoys in its own sphere, and with the place which + it occupies, the empire of religion is never more surely established than + when it reigns in the hearts of men unsupported by aught besides its + native strength. + </p> + <p> + Religion is no less the companion of liberty in all its battles and its + triumphs; the cradle of its infancy, and the divine source of its claims. + The safeguard of morality is religion, and morality is the best security + of law as well as the surest pledge of freedom.{53} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + REASONS OF CERTAIN ANOMALIES WHICH THE LAWS AND CUSTOMS OF THE + ANGLO-AMERICANS PRESENT. + </p> + <p> + Remains of aristocratic Institutions in the midst of a complete Democracy.—Why?—Distinction + carefully to be drawn between what is of Puritanical and what is of + English Origin. + </p> + <p> + The reader is cautioned not to draw too general or too absolute an + inference from what has been said. The social condition, the religion, and + the manners of the first emigrants undoubtedly exercised an immense + influence on the destiny of their new country. Nevertheless it was not in + their power to found a state of things originating solely in themselves; + no man can entirely shake off the influence of the past, and the settlers, + unintentionally or involuntarily, mingled habits derived from their + education and from the traditions of their country, with those habits and + notions which were exclusively their own. To form a judgment on the + Anglo-Americans of the present day, it is therefore necessary carefully to + distinguish what is of puritanical from what is of English origin. + </p> + <p> + Laws and customs are frequently to be met with in the United States which + contrast strongly with all that surrounds them. These laws seem to be + drawn up in a spirit contrary to the prevailing tenor of the American + legislation; and these customs are no less opposed to the general tone of + society. If the English colonies had been founded in an age of darkness, + or if their origin was already lost in the lapse of years, the problem + would be insoluble. + </p> + <p> + I shall quote a single example to illustrate what I advance. + </p> + <p> + The civil and criminal procedure of the Americans has only two means of + action—committal or bail. The first measure taken by the magistrate + is to exact security from the defendant, or, in case of refusal, to + incarcerate him: the ground of the accusation, and the importance of the + charges against him are then discussed. + </p> + <p> + It is evident that a legislation of this kind is hostile to the poor man, + and favorable only to the rich. The poor man has not always a security to + produce, even in a civil cause: and if he is obliged to wait for justice + in prison, he is speedily reduced to distress. The wealthy individual, on + the contrary, always escapes imprisonment in civil causes; nay, more, he + may readily elude the punishment which awaits him for a delinquency, by + breaking his bail. So that all the penalties of the law are, for him, + reducible to fines.{54} Nothing can be more aristocratic than this system + of legislation. Yet in America it is the poor who make the law, and they + usually reserve the greatest social advantages to themselves. The + explanation of the phenomenon is to be found in England; the laws of which + I speak are English,{55} and the Americans have retained them, however + repugnant they may be to the tenor of their legislation, and the mass of + their ideas. + </p> + <p> + Next to its habits, the thing which a nation is least apt to change is its + civil legislation. Civil laws are only familiarly known to legal men, + whose direct interest it is to maintain them as they are, whether good or + bad, simply because they themselves are conversant with them. The body of + the nation is scarcely acquainted with them: it merely perceives their + action in particular cases; but it has some difficulty in seizing their + tendency, and obeys them without reflection. + </p> + <p> + I have quoted one instance where it would have been easy to adduce a great + number of others. + </p> + <p> + The surface of American society is, if I may use the expression, covered + with a layer of democracy, from beneath which the old aristocratic colors + sometimes peep.{56} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {14} The charter granted by the crown of England, in 1609, stipulated, + among other conditions, that the adventurers should pay to the crown a + fifth of the produce of all gold and silver mines. See Marshall's "Life of + Washington," vol i., pp. 18-66. + </p> + <p> + {15} A large portion of the adventurers, says Stith (History of Virginia), + were unprincipled young men of family, whom their parents were glad to + ship off, discharged servants, fraudulent bankrupts, or debauchees: and + others of the same class, people more apt to pillage and destroy than to + assist the settlement, were the seditious chiefs who easily led this band + into every kind of extravagance and excess. See for the history of + Virginia the following works:— + </p> + <p> + "History of Virginia, from the first Settlements in the year 1624," by + Smith. + </p> + <p> + "History of Virginia," by William Stith. + </p> + <p> + "History of Virginia, from the earliest Period," by Beverley. + </p> + <p> + {16} It was not till some time later that a certain number of rich English + capitalists came to fix themselves in the colony. + </p> + <p> + {17} Slavery was introduced about the year 1620, by a Dutch vessel, which + landed twenty negroes on the banks of the river James. See Chalmer. + </p> + <p> + {18} The states of New England are those situated to the east of the + Hudson; they are now six in number: 1. Connecticut; 2. Rhode Island; 3. + Massachusetts; 4. Vermont; 5. New Hampshire; 6. Maine. + </p> + <p> + {19} "New England's Memorial," p. 13. Boston, 1826. See also "Hutchinson's + History," vol. ii., p. 440 + </p> + <p> + {20} This rock is become an object of veneration in the United States. I + have seen bits of it carefully preserved in several towns of the Union. + Does not this sufficiently show that all human power and greatness is in + the soul of man? Here is a stone which the feet of a few outcasts pressed + for an instant, and this stone becomes famous; it is treasured by a great + nation, its very dust is shared as a relic; and what is become of the + gateways of a thousand palaces? + </p> + <p> + {21} "New England Memorial," p. 37. + </p> + <p> + {22} The emigrants who founded the state of Rhode Island in 1638, those + who landed at New Haven in 1637, the first settlers in Connecticut in + 1639, and the founders of Providence in 1640, began in like manner by + drawing up a social contract, which was submitted to the approval of all + the interested parties. See "Pitkin's History," pp 42, 47. + </p> + <p> + {23} This was the case in the state of New York. + </p> + <p> + {24} Maryland, the Carolinas, Pennsylvania, and New Jersey, were in this + situation. See Pitkin's History, vol. i., pp. 11-31. + </p> + <p> + {25} See the work entitled, "<i>Historical Collection of State Papers and + other Authentic Documents intended as Materials for a History of the + United States of America</i>" by Ebenezer Hazard, Philadelphia, 1792, for + a great number of documents relating to the commencement of the colonies, + which are valuable from their contents and their authenticity; among them + are the various charters granted by the king of England, and the first + acts of the local governments. + </p> + <p> + See also the analysis of all these charters given by Mr. Story, judge of + the supreme court of the United States, in the introduction to his + Commentary on the Constitution of the United States. It results from these + documents that the principles of representative government and the + external forms of political liberty were introduced into all the colonies + at their origin. These principles were more fully acted upon in the North + than in the South, but they existed everywhere. + </p> + <p> + {26} See Pitkin's History, p. 35. See the History of the Colony of + Massachusetts Bay, by Hutchinson, vol. i., p. 9. + </p> + <p> + {27} See Pitkin's History, pp. 42, 47. + </p> + <p> + {28} The inhabitants of Massachusetts had deviated from the forms which + are preserved in the criminal and civil procedure of England: in 1650 the + decrees of justice were not yet headed by the royal style. See Hutchinson, + vol. i., p. 452. + </p> + <p> + {29} Code of 1650, p. 28. Hartford, 1830. + </p> + <p> + {30} See also in Hutchinson's History, vol. i., pp. 435, 456, the analysis + of the penal code adopted in 1648, by the colony of Massachusetts: this + code is drawn up on the same principles as that of Connecticut. + </p> + <p> + {31} Adultery was also punished with death by the law of Massachusetts; + and Hutchinson, vol. i., p. 441, says that several persons actually + suffered for this crime. He quotes a curious anecdote on this subject, + which occurred in the year 1663. A married woman had had criminal + intercourse with a young man; her husband died, and she married the lover. + Several years had elapsed, when the public began to suspect the previous + intercourse of this couple; they were thrown into prison, put upon trial, + and very narrowly escaped capital punishment. + </p> + <p> + {32} Code of 1650, p. 48. It seems sometimes to have happened that the + judge superadded these punishments to each other, as is seen in a sentence + pronounced in 1643 (New Haven Antiquities, p. 114), by which Margaret + Bedford, convicted of loose conduct, was condemned to be whipped, and + afterward to marry Nicolas Jemmings her accomplice. + </p> + <p> + {33} New Haven Antiquities, p. 104. See also Hutchinson's History for + several causes equally extraordinary. + </p> + <p> + {34} Code of 1650, pp. 50, 57. + </p> + <p> + {35} Ibid, p. 64. + </p> + <p> + {36} Ibid, p. 44. + </p> + <p> + {37} This was not peculiar to Connecticut. See for instance the law which, + on the 13th of September, 1644, banished the ana-baptists from the state + of Massachusetts. (Historical Collection of State Papers, vol. i., p. + 538.) See also the law against the quakers, passed on the 14th of October, + 1656. "Whereas," says the preamble, "an accursed race of heretics called + quakers has sprung up," &c. The clauses of the statute inflict a heavy + fine on all captains of ships who should import quakers into the country. + The quakers who may be found there shall be whipped and imprisoned with + hard labor. Those members of the sect who should defend their opinions + shall be first fined, then imprisoned, and finally driven out of the + province. (Historical Collection of State Papers, vol. i., p. 630.) + </p> + <p> + {38} By the penal law of Massachusetts, any catholic priest who should set + foot in the colony after having been once driven out of it, was liable to + capital punishment. + </p> + <p> + {39} Code of 1650, p. 96. + </p> + <p> + {40} New England's Memorial, p. 316. See Appendix E. + </p> + <p> + {41} Constitution of 1638, p. 17. + </p> + <p> + {42} In 1641 the general assembly of Rhode Island unanimously declared + that the government of the state was a democracy, and that the power was + vested in the body of free citizens, who alone had the right to make the + laws and to watch their execution. Code of 1650, p. 70. + </p> + <p> + {43} Pitkin's History, p. 47. + </p> + <p> + {44} Constitution of 1638, p. 12. + </p> + <p> + {45} Code of 1650, p 80. + </p> + <p> + {46} Code of 1650, p. 78. + </p> + <p> + {47} Code of 1750, p. 94. + </p> + <p> + {48} Ibid, p. 86. + </p> + <p> + {49} See Hutchinson's History, vol. i. p. 455. + </p> + <p> + {50} Ibid, p. 40. + </p> + <p> + {51} Code of 1650, p. 90. + </p> + <p> + {52} Mather's Magnalia Christi Americana, vol. ii., p. 13. This speech was + made by Winthrop; he was accused of having committed arbitrary actions + during his magistracy, but after having made the speech of which the above + is a fragment, he was acquitted by acclamation, and from that time forward + he was always re-elected governor of the state. See Marshall, vol. i., p. + 166. + </p> + <p> + {53} See Appendix F. + </p> + <p> + {54} Crimes no doubt exist for which bail is inadmissible, but they are + few in number. + </p> + <p> + {55} See Blackstone; and Delolme, book i., chap. x. + </p> + <p> + {56} The author is not quite accurate in this statement. A person accused + of crime is, in the first instance, arrested by virtue of a warrant issued + by the magistrate, upon a complaint granted upon proof of a crime having + been committed by the person charged. He is then brought before the + magistrate, the complainant examined in his presence, other evidence + adduced, and he is heard in explanation or defence. If the magistrate is + satisfied that a crime has been committed, and that the accused is guilty, + the latter is, then, and then only, required to give security for his + appearance at the proper court to take his trial, if an indictment shall + be found against him by a Grand Jury of twenty-three of his + fellow-citizens. In the event of his inability or refusal to give the + security he is incarcerated, so as to secure his appearance at a trial. + </p> + <p> + In France, after the preliminary examination, the accused, unless + absolutely discharged, is in all cases incarcerated, to secure his + presence at the trial. It is the relaxation of this practice in England + and the United States, in order to attain the ends of justice at the least + possible inconvenience to the accused, by accepting what is deemed an + adequate pledge for his appearance, which our author considers hostile to + the poor man and favorable to the rich. And yet it is very obvious, that + such is not its design or tendency. Good character, and probable + innocence, ordinarily obtain for the accused man the required security. + And if they do not, how can complaint be justly made that others are not + treated with unnecessary severity, and punished in anticipation, because + some are prevented by circumstances from availing themselves of a benign + provision so favorable to humanity, and to that innocence which our law + presumes, until guilt is proved? To secure the persons of suspected + criminals, that they may abide the sentence of the law, is indispensable + to all jurisprudence. And instead of reproof or aristocratic tendency, our + system deserves credit for having ameliorated, as far as possible, the + condition of persons accused. That this amelioration cannot be made in all + instances, flows from the necessity of the case. + </p> + <p> + It would be a mistake to suppose, as the author seems to have done, that + the forfeiture of the security given, exonerates the accused from + punishment. He may be again arrested and detained in prison, as security + would not ordinarily be received from a person who had given such evidence + of his guilt as would be derived from his attempt to escape. And the + difficulty of escape is rendered so great by our constitutional provisions + for the delivery, by the different states, of fugitives from justice, and + by our treaties with England and France for the same purpose, that the + instances of successful evasion are few and rare. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0003" id="link2HCH0003"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER III. + </h2> + <h3> + SOCIAL CONDITION OF THE ANGLO-AMERICANS. + </h3> + <p> + A Social condition is commonly the result of circumstances, sometimes of + laws, oftener still of these two causes united; but wherever it exists, it + may justly be considered as the source of almost all the laws, the usages, + and the ideas, which regulate the conduct of nations: whatever it does not + produce, it modifies. + </p> + <p> + It is, therefore, necessary, if we would become acquainted with the + legislation and the manners of a nation, to begin by the study of its + social condition. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + THE STRIKING CHARACTERISTIC OF THE SOCIAL CONDITION OF THE ANGLO-AMERICANS + IS ITS ESSENTIAL DEMOCRACY. + </p> + <p> + The first Emigrants of New England.—Their Equality.—Aristocratic + Laws introduced in the South.—Period of the Revolution.—Change + in the Law of Descent.—Effects produced by this Change.—Democracy + carried to its utmost Limits in the new States of the West.—Equality + of Education. + </p> + <p> + Many important observations suggest themselves upon the social condition + of the Anglo-Americans; but there is one which takes precedence of all the + rest. The social condition of the Americans is eminently democratic; this + was its character at the foundation of the colonies, and is still more + strongly marked at the present day. + </p> + <p> + I have stated in the preceding chapter that great equality existed among + the emigrants who settled on the shores of New England. The germe of + aristocracy was never planted in that part of the Union. The only + influence which obtained there was that of intellect; the people were used + to reverence certain names as the emblems of knowledge and virtue. Some of + their fellow-citizens acquired a power over the rest which might truly + have been called aristocratic, if it had been capable of invariable + transmission from father to son. + </p> + <p> + This was the state of things to the east of the Hudson: to the southwest + of that river, and in the direction of the Floridas, the case was + different. In most of the states situated to the southwest of the Hudson + some great English proprietors had settled, who had imported with them + aristocratic principles and the English law of descent. I have explained + the reasons why it was impossible ever to establish a powerful aristocracy + in America; these reasons existed with less force to the southwest of the + Hudson. In the south, one man, aided by slaves, could cultivate a great + extent of country: it was therefore common to see rich landed proprietors. + But their influence was not altogether aristocratic as that term is + understood in Europe, since they possessed no privileges; and the + cultivation of their estates being carried on by slaves, they had no + tenants depending on them, and consequently no patronage. Still, the great + proprietors south of the Hudson constituted a superior class, having ideas + and tastes of its own, and forming the centre of political action. This + kind of aristocracy sympathized with the body of the people, whose + passions and interests it easily embraced; but it was too weak and too + short-lived to excite either love or hatred for itself. This was the class + which headed the insurrection in the south, and furnished the best leaders + of the American revolution. + </p> + <p> + At the period of which we are now speaking, society was shaken to its + centre: the people, in whose name the struggle had taken place, conceived + the desire of exercising the authority which it had acquired; its + democratic tendencies were awakened; and having thrown off the yoke of the + mother-country, it aspired to independence of every kind. The influence of + individuals gradually ceased to be felt, and custom and law united + together to produce the same result. + </p> + <p> + But the law of descent was the last step to equality. I am surprised that + ancient and modern jurists have not attributed to this law a greater + influence on human affairs.{57} It is true that these laws belong to civil + affairs: but they ought nevertheless to be placed at the head of all + political institutions; for, while political laws are only the symbol of a + nation's condition, they exercise an incredible influence upon its social + state. They have, moreover, a sure and uniform manner of operating upon + society, affecting, as it were, generations yet unknown. + </p> + <p> + Through their means man acquires a kind of preternatural power over the + future lot of his fellow-creatures. When the legislator has once regulated + the law of inheritance, he may rest from his labor. The machine once put + in motion will go on for ages, and advance, as if self-guided, toward a + given point. When framed in a particular manner, this law unites, draws + together, and vests property and power in a few hands: its tendency is + clearly aristocratic. On opposite principles its action is still more + rapid; it divides, distributes, and disperses both property and power. + Alarmed by the rapidity of its progress, those who despair of arresting + its motion endeavor to obstruct by difficulties and impediments; they + vainly seek to counteract its effect by contrary efforts: but it gradually + reduces or destroys every obstacle, until by its incessant activity the + bulwarks of the influence of wealth are ground down to the fine and + shifting sand which is the basis of democracy. When the law of inheritance + permits, still more when it decrees, the equal division of a father's + property among all his children, its effects are of two kinds: it is + important to distinguish them from each other, although they tend to the + same end. + </p> + <p> + In virtue of the law of partible inheritance, the death of every + proprietor brings about a kind of revolution in property: not only do his + possessions change hands, but their very nature is altered; since they are + parcelled into shares, which become smaller and smaller at each division. + This is the direct, and, as it were, the physical effect of the law. It + follows, then, that in countries where equality of inheritance is + established by law, property, and especially landed property, must have a + tendency to perpetual diminution. The effects, however, of such + legislation would only be perceptible after a lapse of time, if the law + was abandoned to its own working; for supposing a family to consist of two + children (and in a country peopled as France is, the average number is not + above three), these children, sharing among them the fortune of both + parents, would not be poorer than their father or mother. + </p> + <p> + But the law of equal division exercises its influence not merely upon the + property itself, but it affects the minds of the heirs, and brings their + passions into play. These indirect consequences tend powerfully to the + destruction of large fortunes, and especially of large domains. + </p> + <p> + Among the nations whose law of descent is founded upon the right of + primogeniture, landed estates often pass from generation to generation + without undergoing division. The consequence of which is, that family + feeling is to a certain degree incorporated with the estate. The family + represents the estate, the estate the family; whose name, together with + its origin, its glory, its power, and its virtues, is thus perpetuated in + an imperishable memorial of the past, and a sure pledge of the future. + </p> + <p> + When the equal partition of property is established by law, the intimate + connection is destroyed between family feeling and the preservation of the + paternal estate; the property ceases to represent the family; for, as it + must inevitably be divided after one or two generations, it has evidently + a constant tendency to diminish, and must in the end be completely + dispersed. The sons of the great landed proprietor, if they are few in + number, or if fortune befriend them, may indeed entertain the hope of + being as wealthy as their father, but not that of possessing the same + property as he did; their riches must necessarily be composed of elements + different from his. + </p> + <p> + Now, from the moment when you divest the land-owner of that interest in + the preservation of his estate which he derives from association, from + tradition, and from family pride, you may be certain that sooner or later + he will dispose of it; for there is a strong pecuniary interest in favor + of selling, as floating capital produces higher interest than real + property, and is more readily available to gratify the passions of the + moment. + </p> + <p> + Great landed estates which have once been divided, never come together + again; for the small proprietor draws from his land a better revenue in + proportion, than the large owner does from his; and of course he sells it + at a higher rate.{58} The calculations of gain, therefore, which decided + the rich man to sell his domain, will still more powerfully influence him + against buying small estates to unite them into a large one. + </p> + <p> + What is called family pride is often founded upon an illusion of + self-love. A man wishes to perpetuate and immortalize himself, as it were, + in his great-grandchildren. Where the <i>esprit de famille</i> ceases to + act, individual selfishness comes into play. When the idea of family + becomes vague, indeterminate, and uncertain, a man thinks of his present + convenience; he provides for the establishment of the succeeding + generation, and no more. + </p> + <p> + Either a man gives up the idea of perpetuating his family, or at any rate + he seeks to accomplish it by other means than that of a landed estate. + </p> + <p> + Thus not only does the law of partible inheritance render it difficult for + families to preserve their ancestral domains entire, but it deprives them + of the inclination to attempt it, and compels them in some measure to + co-operate with the law in their own extinction. + </p> + <p> + The law of equal distribution proceeds by two methods: by acting upon + things, it acts upon persons; by influencing persons, it affects things. + By these means the law succeeds in striking at the root of landed + property, and dispersing rapidly both families and fortunes.{59} + </p> + <p> + Most certainly is it not for us, Frenchmen of the nineteenth century, who + daily behold the political and social changes which the law of partition + is bringing to pass, to question its influence. It is perpetually + conspicuous in our country, overthrowing the walls of our dwellings and + removing the landmarks of our fields. But although it has produced great + effects in France, much still remains for it to do. Our recollections, + opinions, and habits, present powerful obstacles to its progress. + </p> + <p> + In the United States it has nearly completed its work of destruction, and + there we can best study its results. The English laws concerning the + transmission of property were abolished in almost all the states at the + time of the revolution. The law of entail was so modified as not to + interrupt the free circulation of property.{60} The first having passed + away, estates began to be parcelled out; and the change became more and + more rapid with the progress of time. At this moment, after a lapse of + little more than sixty years, the aspect of society is totally altered; + the families of the great landed proprietors are almost all commingled + with the general mass. In the state of New York, which formerly contained + many of these, there are but two who still keep their heads above the + stream; and they must shortly disappear. The sons of these opulent + citizens have become merchants, lawyers, or physicians. Most of them have + lapsed into obscurity. The last trace of hereditary ranks and distinctions + is destroyed—the law of partition has reduced all to one level. + </p> + <p> + I do not mean that there is any deficiency of wealthy individuals in the + United States; I know of no country, indeed, where the love of money has + taken stronger hold on the affections of men, and where a profounder + contempt is expressed for the theory of the permanent equality of + property. But wealth circulates with inconceivable rapidity, and + experience shows that it is rare to find two succeeding generations in the + full enjoyment of it. + </p> + <p> + This picture, which may perhaps be thought overcharged, still gives a very + imperfect idea of what is taking place in the new states of the west and + southwest. At the end of the last century a few bold adventurers began to + penetrate into the valleys of the Mississippi, and the mass of the + population very soon began to move in that direction: communities unheard + of till then were seen to emerge from their wilds: states, whose names + were not in existence a few years before, claimed their place in the + American Union; and in the western settlements we may behold democracy + arrived at its utmost extreme. In these states, founded off hand, and as + it were by chance, the inhabitants are but of yesterday. Scarcely known to + one another, the nearest neighbors are ignorant of each other's history. + In this part of the American continent, therefore, the population has not + experienced the influence of great names and great wealth, nor even that + of the natural aristocracy of knowledge and virtue. None are there to + wield that respectable power which men willingly grant to the remembrance + of a life spent in doing good before their eyes. The new states of the + west are already inhabited; but society has no existence among them. + </p> + <p> + It is not only the fortunes of men which are equal in America; even their + acquirements partake in some degree of the same uniformity. I do not + believe there is a country in the world where, in proportion to the + population, there are so few uninstructed, and at the same time so few + learned individuals. Primary instruction is within the reach of everybody; + superior instruction is scarcely to be obtained by any. This is not + surprising; it is in fact the necessary consequence of what we have + advanced above. Almost all the Americans are in easy circumstances, and + can therefore obtain the elements of human knowledge. + </p> + <p> + In America there are comparatively few who are rich enough to live without + a profession. Every profession requires an apprenticeship, which limits + the time of instruction to the early years of life. At fifteen they enter + upon their calling, and thus their education ends at the age when ours + begins. Whatever is done afterward, is with a view to some special and + lucrative object; a science is taken up as a matter of business, and the + only branch of it which is attended to is such as admits of an immediate + practical application. + </p> + <p> + {This paragraph does not fairly render the meaning of the author. The + original French is as follows:— + </p> + <p> + "En Amérique il y a peu de riches; presque tous les Américains ont donc + besoin d'exercer une profession. Or, toute profession exige an + apprentissage. Les Américains ne peuvent donc donner a la culture générale + de l'intelligence que les premières années de la vie: à quinze ans ils + entrent dans une carrière: ainsi leur education finit le plus souvent à + l'époque où la nôtre commence." + </p> + <p> + What is meant by the remark; that "at fifteen they enter upon a career, + and thus their education is very often finished at the epoch when ours + commences," is not clearly perceived. Our professional men enter upon + their course of preparation for their respective professions, wholly + between eighteen and twenty-one years of age. Apprentices to trades are + bound out, ordinarily, at fourteen, but what general education they + receive is after that period. Previously, they have acquired the mere + elements of reading, writing, and arithmetic. But it is supposed there is + nothing peculiar to America, in the age at which apprenticeship commences. + In England, they commence at the same age, and it is believed that the + same thing occurs throughout Europe. It is feared that the author has not + here expressed himself with his usual clearness and precision.—<i>American + Editor</i>.} + </p> + <p> + In America most of the rich men were formerly poor; most of those who now + enjoy leisure were absorbed in business during their youth; the + consequence of which is, that when they might have had a taste for study + they had no time for it, and when the time is at their disposal they have + no longer the inclination. + </p> + <p> + There is no class, then, in America in which the taste for intellectual + pleasures is transmitted with hereditary fortune and leisure, and by which + the labors of the intellect are held in honor. Accordingly there is an + equal want of the desire and the power of application to these objects. + </p> + <p> + A middling standard is fixed in America for human knowledge. All approach + as near to it as they can; some as they rise, others as they descend. Of + course, an immense multitude of persons are to be found who entertain the + same number of ideas on religion, history, science, political economy, + legislation, and government. The gifts of intellect proceed directly from + God, and man cannot prevent their unequal distribution. But in consequence + of the state of things which we have here represented, it happens, that + although the capacities of men are widely different, as the Creator has + doubtless intended they should be, they are submitted to the same method + of treatment. + </p> + <p> + In America the aristocratic element has always been feeble from its birth; + and if at the present day it is not actually destroyed, it is at any rate + so completely disabled that we can scarcely assign to it any degree of + influence in the course of affairs. + </p> + <p> + The democratic principle, on the contrary, has gained so much strength by + time, by events, and by legislation, as to have become not only + predominant but all-powerful. There is no family or corporate authority, + and it is rare to find even the influence of individual character enjoy + any durability. + </p> + <p> + America, then, exhibits in her social state a most extraordinary + phenomenon. Men are there seen on a greater equality in point of fortune + and intellect, or in other words, more equal in their strength, than in + any other country of the world, or, in any age of which history has + preserved the remembrance. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + POLITICAL CONSEQUENCES OF THE SOCIAL CONDITION OF THE ANGLO-AMERICANS. + </h3> + <p> + The political consequences of such a social condition as this are easily + deducible. + </p> + <p> + It is impossible to believe that equality will not eventually find its way + into the political world as it does everywhere else. To conceive of men + remaining for ever unequal upon one single point, yet equal on all others, + is impossible; they must come in the end to be equal upon all. + </p> + <p> + Now I know of only two methods of establishing equality in the political + world: every citizen must be put in possession of his rights, or rights + must be granted to no one. For nations which have arrived at the same + stage of social existence as the Anglo-Americans, it is therefore very + difficult to discover a medium between the sovereignty of all and the + absolute power of one man: and it would be vain to deny that the social + condition which I have been describing is equally liable to each of these + consequences. + </p> + <p> + There is, in fact, a manly and lawful passion for equality, which excites + men to wish all to be powerful and honored. This passion tends to elevate + the humble to the rank of the great; but there exists also in the human + heart a depraved taste for equality, which impels the weak to attempt to + lower the powerful to their own level, and reduces men to prefer equality + in slavery to inequality with freedom. Not that those nations whose social + condition is democratic naturally despise liberty; on the contrary, they + have an instinctive love of it. But liberty is not the chief and constant + object of their desires; equality is their idol: they make rapid and + sudden efforts to obtain liberty, and if they miss their aim, resign + themselves to their disappointment; but nothing can satisfy them except + equality, and rather than lose it they resolve to perish. + </p> + <p> + On the other hand, in a state where the citizens are nearly on an + equality, it becomes difficult for them to preserve their independence + against the aggression of power. No one among them being strong enough to + engage singly in the struggle with advantage, nothing but a general + combination can protect their liberty: and such a union is not always to + be found. + </p> + <p> + From the same social position, then, nations may derive one or the other + of two great political results; these results are extremely different from + each other, but they may both proceed from the same cause. + </p> + <p> + The Anglo-Americans are the first who, having been exposed to this + formidable alternative, have been happy enough to escape the dominion of + absolute power. They have been allowed by their circumstances, their + origin, their intelligence, and especially by their moral feeling, to + establish and maintain the sovereignty of the people. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {57} I understand by the law of descent all those laws whose principal + object it is to regulate the distribution of property after the death of + its owner. The law of entail is of this number: it certainly prevents the + owner from disposing of his possessions before his death; but this is + solely with a view of preserving them entire for the heir. The principal + object, therefore, of the law of entail is to regulate the descent of + property after the death of its owner: its other provisions are merely + means to this end. + </p> + <p> + {58} I do not mean to say that the small proprietor cultivates his land + better, but he cultivates it with more ardor and care; so that he makes up + by his labor for his want of skill. + </p> + <p> + {59} Land being the most stable kind of property, we find, from time to + time, rich individuals who are disposed to make great sacrifices in order + to obtain it, and who willingly forfeit a considerable part of their + income to make sure of the rest. But these are accidental cases. The + preference for landed property is no longer found habitually in any class + but among the poor. The small land-owner, who has less information, less + imagination, and fewer passions, than the great one, is generally occupied + with the desire of increasing his estate; and it often happens that by + inheritance, by marriage, or by the chances of trade, he is gradually + furnished with the means. Thus, to balance the tendency which leads men to + divide their estates, there exists another, which incites them to add to + them. This tendency, which is sufficient to prevent estates from being + divided <i>ad infinitum</i>, is not strong enough to create great + territorial possessions, certainly not to keep them up in the same family. + </p> + <p> + {60} See Appendix G. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0004" id="link2HCH0004"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER IV. + </h2> + <h3> + THE PRINCIPLE OF THE SOVEREIGNTY OF THE PEOPLE IN AMERICA. + </h3> + <p> + It predominates over the whole of Society in America.—Application + made of this Principle by the Americans even before their Revolution.—Development + given to it by that Revolution.—Gradual and irresistible Extension + of the elective Qualification. + </p> + <p> + Whenever the political laws of the United States are to be discussed, it + is with the doctrine of the sovereignty of the people that we must begin. + </p> + <p> + The principle of the sovereignty of the people, which is to be found, more + or less, at the bottom of almost all human institutions, generally remains + concealed from view. It is obeyed without being recognised, or if for a + moment it be brought to light, it is hastily cast back into the gloom of + the sanctuary. + </p> + <p> + "The will of the nation" is one of those expressions which have been most + profusely abused by the wily and the despotic of every age. To the eyes of + some it has been represented by the venal suffrages of a few of the + satellites of power; to others, by the votes of a timid minority; and some + have even discovered it in the silence of a people, on the supposition + that the fact of submission established the right of command. + </p> + <p> + In America, the principle of the sovereignty of the people is not either + barren or concealed, as it is with some other nations; it is recognised by + the customs and proclaimed by the laws; it spreads freely, and arrives + without impediment at its most remote consequences. If there be a country + in the world where the doctrine of the sovereignty of the people can be + fairly appreciated, where it can be studied in its application to the + affairs of society, and where its dangers and its advantages may be + foreseen, that country is assuredly America. + </p> + <p> + I have already observed that, from their origin, the sovereignty of the + people was the fundamental principle of the greater number of the British + colonies in America. It was far, however, from then exercising as much + influence on the government of society as it now does. Two obstacles, the + one external, the other internal, checked its invasive progress. + </p> + <p> + It could not ostensibly disclose itself in the laws of the colonies, which + were still constrained to obey the mother country; it was therefore + obliged to spread secretly, and to gain ground in the provincial + assemblies, and especially in the townships. + </p> + <p> + American society was not yet prepared to adopt it with all its + consequences. The intelligence of New England, and the wealth of the + country to the south of the Hudson (as I have shown in the preceding + chapter), long exercised a sort of aristocratic influence, which tended to + limit the exercise of social authority within the hands of a few. The + public functionaries were not universally elected, and the citizens were + not all of them electors. The electoral franchise was everywhere placed + within certain limits, and made dependant on a certain qualification, + which was exceedingly low in the north, and more considerable in the + south. + </p> + <p> + The American revolution broke out, and the doctrine of the sovereignty of + the people, which had been nurtured in the townships, took possession of + the state; every class was enlisted in its cause; battles were fought, and + victories obtained for it; until it became the law of laws. + </p> + <p> + A scarcely less rapid change was effected in the interior of society, + where the law of descent completed the abolition of local influences. + </p> + <p> + At the very time when this consequence of the laws and of the revolution + became apparent to every eye, victory was irrevocably pronounced in favor + of the democratic cause. All power was, in fact, in its hands, and + resistance was no longer possible. The higher orders submitted without a + murmur and without a struggle to an evil which was thenceforth inevitable. + The ordinary fate of falling powers awaited them; each of their several + members followed his own interest; and as it was impossible to wring the + power from the hands of a people which they did not detest sufficiently to + brave, their only aim was to secure its good-will at any price. The most + democratic laws were consequently voted by the very men whose interests + they impaired; and thus, although the higher classes did not excite the + passions of the people against their order, they accelerated the triumph + of the new state of things; so that, by a singular change, the democratic + impulse was found to be most irresistible in the very states where the + aristocracy had the firmest hold. + </p> + <p> + The state of Maryland, which had been founded by men of rank, was the + first to proclaim universal suffrage,{61} and to introduce the most + democratic forms into the conduct of its government. + </p> + <p> + When a nation modifies the elective qualification, it may easily be + foreseen that sooner or later that qualification will be entirely + abolished. There is no more invariable rule in the history of society: the + farther electoral rights are extended, the more is felt the need of + extending them; for after each concession the strength of the democracy + increases, and its demands increase with its strength. The ambition of + those who are below the appointed rate is irritated in exact proportion to + the great number of those who are above it. The exception at last becomes + the rule, concession follows concession, and no stop can be made short of + universal suffrage. + </p> + <p> + At the present day the principle of the sovereignty of the people has + acquired, in the United States, all the practical development which the + imagination can conceive. It is unencumbered by those fictions which have + been thrown over it in other countries, and it appears in every possible + form according to the exigency of the occasion. Sometimes the laws are + made by the people in a body, as at Athens; and sometimes its + representatives, chosen by universal suffrage, transact business in its + name, and almost under its immediate control. + </p> + <p> + In some countries a power exists which, though it is in a degree foreign + to the social body, directs it, and forces it to pursue a certain track. + In others the ruling force is divided, being partly within and partly + without the ranks of the people. But nothing of the kind is to be seen in + the United States; there society governs itself for itself. All power + centres in its bosom; and scarcely an individual is to be met with who + would venture to conceive, or, still more, to express, the idea of seeking + it elsewhere. The nation participates in the making of its laws by the + choice of its legislators, and in the execution of them by the choice of + the agents of the executive government; it may almost be said to govern + itself, so feeble and so restricted is the share left to the + administration, so little do the authorities forget their popular origin + and the power from which they emanate.{62} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {61} See the amendments made to the constitution of Maryland in 1801 and + 1809. + </p> + <p> + {62} See Appendix H. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0005" id="link2HCH0005"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER V. + </h2> + <p> + NECESSITY OF EXAMINING THE CONDITION OF THE STATES BEFORE THAT OF THE + UNION AT LARGE. + </p> + <p> + It is proposed to examine in the following chapter, what is the form of + government established in America on the principle of the sovereignty of + the people; what are its resources, its hindrances, its advantages, and + its dangers. The first difficulty which presents itself arises from the + complex nature of the constitution of the United States, which consists of + two distinct social structures, connected, and, as it were, encased, one + within the other; two governments, completely separate, and almost + independent, the one fulfilling the ordinary duties, and responding to the + daily and indefinite calls of a community, the other circumscribed within + certain limits, and only exercising an exceptional authority over the + general interests of the country. In short, there are twenty-four small + sovereign nations, whose agglomeration constitutes the body of the Union. + To examine the Union before we have studied the states, would be to adopt + a method filled with obstacles. The Federal government of the United + States was the last which was adopted; and it is in fact nothing more than + a modification or a summary of these republican principles which were + current in the whole community before it existed, and independently of its + existence. Moreover, the federal government is, as I have just observed, + the exception; the government of the states is the rule. The author who + should attempt to exhibit the picture as a whole, before he had explained + its details, would necessarily fall into obscurity and repetition. + </p> + <p> + The great political principles which govern American society at this day, + undoubtedly took their origin and their growth in the state. It is + therefore necessary to become acquainted with the state in order to + possess a clew to the remainder. The states which at present compose the + American Union, all present the same features as far as regards the + external aspect of their institutions. Their political or administrative + existence is centred in three foci of action, which may not inaptly be + compared to the different nervous centres which convey motion to the human + body. The township is in the lowest order, then the county, and lastly the + state; and I propose to devote the following chapter to the examination of + these three divisions. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + THE AMERICAN SYSTEM OF TOWNSHIPS AND MUNICIPAL BODIES.{63} + </h3> + <p> + Why the Author begins the Examination of the Political Institutions with + the Township.—Its Existence in all Nations.—Difficulty of + Establishing and Preserving Independence.—Its Importance.—Why + the Author has selected the Township System of New England as the main + Object of his Inquiry. + </p> + <p> + It is not undesignedly that I begin this subject with the township. The + village or township is the only association which is so perfectly natural, + that wherever a number of men are collected, it seems to constitute + itself. + </p> + <p> + The town, or tithing, as the smallest division of a community, must + necessarily exist in all nations, whatever their laws and customs may be: + if man makes monarchies, and establishes republics, the first association + of mankind seems constituted by the hand of God. But although the + existence of the township is coeval with that of man, its liberties are + not the less rarely respected and easily destroyed. A nation is always + able to establish great political assemblies, because it habitually + contains a certain number of individuals fitted by their talents, if not + by their habits, for the direction of affairs. The township is, on the + contrary, composed of coarser materials, which are less easily fashioned + by the legislator. The difficulties which attend the consolidation of its + independence rather augment than diminish with the increasing + enlightenment of the people. A highly-civilized community spurns the + attempts of a local independence, is disgusted at its numerous blunders, + and is apt to despair of success before the experiment is completed. + Again, no immunities are so ill-protected from the encroachments of the + supreme power as those of municipal bodies in general: they are unable to + struggle, single-handed, against a strong or an enterprising government, + and they cannot defend their cause with success unless it be identified + with the customs of the nation and supported by public opinion. Thus, + until the independence of townships is amalgamated with the manners of a + people, it is easily destroyed; and it is only after a long existence in + the laws that it can be thus amalgamated. Municipal freedom eludes the + exertions of man; it is rarely created; but it is, as it were, secretly + and spontaneously engendered in the midst of a semi-barbarous state of + society. The constant action of the laws and the national habits, peculiar + circumstances, and above all, time, may consolidate it; but there is + certainly no nation on the continent of Europe which has experienced its + advantages. Nevertheless, local assemblies of citizens constitute the + strength of free nations. Municipal institutions are to liberty what + primary schools are to science; they bring it within the people's reach, + they teach men how to use and how to enjoy it. A nation may establish a + system of free government, but without the spirit of municipal + institutions it cannot have the spirit of liberty. The transient passions, + and the interests of an hour, or the chance of circumstances, may have + created the external forms of independence; but the despotic tendency + which has been repelled will, sooner or later, inevitably reappear on the + surface. + </p> + <p> + In order to explain to the reader the general principles on which the + political organisations of the counties and townships of the United States + rest, I have thought it expedient to choose one of the states of New + England as an example, to examine the mechanism of its constitution, and + then to cast a general glance over the country. + </p> + <p> + The township and the county are not organized in the same manner in every + part of the Union; it is, however, easy to perceive that the same + principles have guided the formation of both of them throughout the Union. + I am inclined to believe that these principles have been carried farther + in New England than elsewhere, and consequently that they offer greater + facilities to the observations of a stranger. + </p> + <p> + The institutions of New England form a complete and regular whole; they + have received the sanction of time, they have the support of the laws, and + the still stronger support of the manners of the community, over which + they exercise the most prodigious influence; they consequently deserve our + attention on every account. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + LIMITS OF THE TOWNSHIP. + </h3> + <p> + The township of New England is a division which stands between the commune + and the canton of France, and which corresponds in general to the English + tithing, or town. Its average population is from two to three + thousand;{64} so that, on the one hand, the interests of the inhabitants + are not likely to conflict, and, on the other, men capable of conducting + its affairs are always to be found among its citizens. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + AUTHORITIES OF THE TOWNSHIP IN NEW ENGLAND. + </h3> + <p> + The People the Source of all Power here as Elsewhere.—Manages its + own Affairs. No Corporation.—The greater part of the Authority + vested in the Hands of the Selectmen.—How the Selectmen act.—Town-meeting.—Enumeration + of the public Officers of the Township Obligatory and remunerated + Functions. + </p> + <p> + In the township, as well as everywhere else, the people is the only source + of power; but in no stage of government does the body of citizens exercise + a more immediate influence. In America, the people is a master whose + exigences demand obedience to the utmost limits of possibility. + </p> + <p> + In New England the majority acts by representatives in the conduct of the + public business of the state; but if such an arrangement be necessary in + general affairs, in the township, where the legislative and administrative + action of the government is in more immediate contact with the subject, + the system of representation is not adopted. There is no corporation; but + the body of electors, after having designated its magistrates, directs + them in anything that exceeds the simple and ordinary executive business + of the state.{65} + </p> + <p> + This state of things is so contrary to our ideas, and so different from + our customs, that it is necessary for me to adduce some examples to + explain it thoroughly. + </p> + <p> + The public duties in the township are extremely numerous and minutely + divided, as we shall see farther on; but the large proportion of + administrative power is vested in the hands of a small number of + individuals called "the selectmen."{66} + </p> + <p> + The general laws of the state impose a certain number of obligations on + the selectmen, which may they fulfil without the authorization of the body + they govern, but which they can only neglect on their own responsibility. + The law of the state obliges them, for instance, to draw up the list of + electors in the townships; and if they omit this part of their functions, + they are guilty of a misdemeanor. In all the affairs, however, which are + determined by the town-meeting, the selectmen are the organs of the + popular mandate, as in France the maire executes the decree of the + municipal council. They usually act upon their own responsibility, and + merely put in practice principles which have been previously recognised by + the majority. But if any change is to be introduced in the existing state + of things, or if they wish to undertake any new enterprise, they are + obliged to refer to the source of their power. If, for instance, a school + is to be established, the selectmen convoke the whole body of electors on + a certain day at an appointed place; they explain the urgency of the case; + they give their opinion on the means of satisfying it, on the probable + expense, and the site which seems to be most favorable. The meeting is + consulted on these several points; it adopts the principle, marks out the + site, votes the rate, and confides the execution of its resolution to the + selectmen. + </p> + <p> + The selectmen alone have the right of calling a town-meeting; but they may + be requested to do so: if the citizens are desirous of submitting a new + project to the assent of the township, they may demand a general + convocation of the inhabitants; the selectmen are obliged to comply, but + they have only the right of presiding at the meeting.{67} + </p> + <p> + The selectmen are elected every year in the month of April or of May. The + town-meeting chooses at the same time a number of municipal magistrates, + who are intrusted with important administrative functions. The assessors + rate the township; the collectors receive the rate. A constable is + appointed to keep the peace, to watch the streets, and to forward the + execution of the laws; the town-clerk records all the town votes, orders, + grants, births, deaths, and marriages; the treasurer keeps the funds; the + overseer of the poor performs the difficult task of superintending the + action of the poor laws; committee-men are appointed to attend to the + schools and to public instruction; and the road-surveyors, who take care + of the greater and lesser thoroughfares of the township, complete the list + of the principal functionaries. They are, however, still farther + subdivided; and among the municipal officers are to be found parish + commissioners, who audit the expenses of public worship; different classes + of inspectors, some of whom are to direct the citizens in case of fire; + tithing-men, listers, haywards, chimney-viewers, fence-viewers to maintain + the bounds of property, timber-measurers, and sealers of weights and + measures.{68} + </p> + <p> + There are nineteen principal offices in a township. Every inhabitant is + constrained, on pain of being fined, to undertake these different + functions; which, however, are almost all paid, in order that the poor + citizens may be able to give up their time without loss. In general the + American system is not to grant a fixed salary to its functionaries. Every + service has its price, and they are remunerated in proportion to what they + have done. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + EXISTENCE OF THE TOWNSHIP. + </h3> + <p> + Every one the best Judge of his own Interest.—Corollary of the + Principle of the Sovereignty of the People.—Application of these + Doctrines in the Townships of America.—The Township of New England + is Sovereign in that which concerns itself alone; subject to the State in + all other matters.—Bond of Township and the State.—In France + the Government lends its Agents to the <i>Commune</i>.—In America + the Reverse occurs. + </p> + <p> + I have already observed, that the principle of the sovereignty of the + people governs the whole political system of the Anglo-Americans. Every + page of this book will afford new instances of the same doctrine. In the + nations by which the sovereignty of the people is recognised, every + individual possesses an equal share of power, and participates alike in + the government of the state. Every individual is therefore supposed to be + as well informed, as virtuous, and as strong, as any of his + fellow-citizens. He obeys the government, not because he is inferior to + the authorities which conduct it, or that he is less capable than his + neighbor of governing himself, but because he acknowledges the utility of + an association with his fellow-men, and because he knows that no such + association can exist without a regulating force. If he be a subject in + all that concerns the mutual relations of citizens, he is free and + responsible to God alone for all that concerns himself. Hence arises the + maxim that every one is the best and the sole judge of his own private + interest, and that society has no right to control a man's actions, unless + they are prejudicial to the common weal, or unless the common weal demands + his co-operation. This doctrine is universally admitted in the United + States. I shall hereafter examine the general influence which it exercises + on the ordinary actions of life: I am now speaking of the nature of + municipal bodies. + </p> + <p> + The township, taken as a whole, and in relation to the government of the + country, may be looked upon as an individual to whom the theory I have + just alluded to is applied. Municipal independence is therefore a natural + consequence of the principle of the sovereignty of the people in the + United States, all the American republics recognise it more or less; but + circumstances have peculiarly favored its growth in New England. + </p> + <p> + In this part of the Union the impulsion of political activity was given in + the townships; and it may almost be said that each of them originally + formed an independent nation. When the kings of England asserted their + supremacy, they were contented to assume the central power of the state. + The townships of New England remained as they were before; and although + they are now subject to the state, they were at first scarcely dependent + upon it. It is important to remember that they have not been invested with + privileges, but that they seem, on the contrary, to have surrendered a + portion of their independence to the state. The townships are only + subordinate to the state in those interests which I shall term <i>social</i>, + as they are common to all the citizens. They are independent in all that + concerns themselves; and among the inhabitants of New England I believe + that not a man is to be found who would acknowledge that the state has any + right to interfere in their local interests. The towns of New England buy + and sell, prosecute or are indicted, augment or diminish their rates, + without the slightest opposition on the part of the administrative + authority of the state. + </p> + <p> + They are bound, however, to comply with the demands of the community. If + the state is in need of money, a town can neither give nor withhold the + supplies. If the state projects a road, the township cannot refuse to let + it cross its territory; if a police regulation is made by the state, it + must be enforced by the town. A uniform system of instruction is organised + all over the country, and every town is bound to establish the schools + which the law ordains. In speaking of the administration of the United + States, I shall have occasion to point out the means by which the + townships are compelled to obey in these different cases: I here merely + show the existence of the obligation. Strict as this obligation is, the + government of the state imposes it in principle only, and in its + performance the township resumes all its independent rights. Thus, taxes + are voted by the state, but they are assessed and collected by the + township; the existence of a school is obligatory, but the township + builds, pays, and superintends it. In France the state collector receives + the local imposts; in America the town collector receives the taxes of the + state. Thus the French government lends its agents to the commune; in + America, the township is the agent of the government. This fact alone + shows the extent of the differences which exist between the two nations. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + PUBLIC SPIRIT OF THE TOWNSHIPS OF NEW ENGLAND. + </h3> + <p> + How the Township of New England wins the Affections of its Inhabitants.—Difficulty + of creating local public Spirit in Europe.—The Rights and Duties of + the American Township favorable to it.—Characteristics of Home in + the United States.—Manifestations of public Spirit in New England.—Its + happy Effects. + </p> + <p> + In America, not only do municipal bodies exist, but they are kept alive + and supported by public spirit. The township of New England possesses two + advantages which infallibly secure the attentive interest of mankind, + namely, independence and authority. Its sphere is indeed small and + limited, but within that sphere its action is unrestrained; and its + independence would give to it a real importance, even if its extent and + population did not ensure it. + </p> + <p> + It is to be remembered that the affections of men are generally turned + only where there is strength. Patriotism is not durable in a conquered + nation. The New Englander is attached to his township, not only because he + was born in it, but because it constitutes a strong and free social body + of which he is a member, and whose government claims and deserves the + exercise of his sagacity. In Europe, the absence of local public spirit is + a frequent subject of regret to those who are in power; every one agrees + that there is no surer guarantee of order and tranquillity, and yet + nothing is more difficult to create. If the municipal bodies were made + powerful and independent, the authorities of the nation might be + disunited, and the peace of the country endangered. Yet, without power and + independence, a town may contain good subjects, but it can have no active + citizens. Another important fact is, that the township of New England is + so constituted as to excite the warmest of human affections, without + arousing the ambitious passions of the heart of man. The officers of the + county are not elected, and their authority is very limited. Even the + state is only a second-rate community, whose tranquil and obscure + administration offers no inducement sufficient to draw men away from the + circle of their interests into the turmoil of public affairs. The federal + government confers power and honor on the men who conduct it; but these + individuals can never be very numerous. The high station of the presidency + can only be reached at an advanced period of life; and the other federal + functionaries are generally men who have been favored by fortune, or + distinguished in some other career. Such cannot be the permanent aim of + the ambitious. But the township serves as a centre for the desire of + public esteem, the want of exciting interests, and the taste for authority + and popularity, in the midst of the ordinary relations of life: and the + passions which commonly embroil society, change their character when they + find a vent so near the domestic hearth and the family circle. + </p> + <p> + In the American states power has been disseminated with admirable skill, + for the purpose of interesting the greatest possible number of persons in + the common weal. Independently of the electors who are from time to time + called into action, the body politic is divided into innumerable + functionaries and officers, who all, in their several spheres, represent + the same powerful corporation in whose name they act. The local + administration thus affords an unfailing source of profit and interest to + a vast number of individuals. + </p> + <p> + The American system, which divides the local authority among so many + citizens, does not scruple to multiply the functions of the town officers. + For in the United States, it is believed, and with truth, that patriotism + is a kind of devotion, which is strengthened by ritual observance. In this + manner the activity of the township is continually perceptible; it is + daily manifested in the fulfilment of a duty, or the exercise of a right; + and a constant though gentle motion is thus kept up in society which + animates without disturbing it. + </p> + <p> + The American attaches himself to his home, as the mountaineer clings to + his hills, because the characteristic features of his country are there + more distinctly marked than elsewhere. The existence of the townships of + New England is in general a happy one. Their government is suited to their + tastes, and chosen by themselves. In the midst of the profound peace and + general comfort which reign in America, the commotions of municipal + discord are infrequent. The conduct of local business is easy. The + political education of the people has long been complete; say rather that + it was complete when the people first set foot upon the soil. In New + England no tradition exists of a distinction of ranks; no portion of the + community is tempted to oppress the remainder; and the abuses which may + injure isolated individuals are forgotten in the general contentment which + prevails. If the government is defective (and it would no doubt be easy to + point out its deficiencies), the fact that it really emanates from those + it governs, and that it acts, either ill or well, casts the protecting + spell of a parental pride over its faults. No term of comparison disturbs + the satisfaction of the citizen: England formerly governed the mass of the + colonies, but the people was always sovereign in the township, where its + rule is not only an ancient, but a primitive state. + </p> + <p> + The native of New England is attached to his township because it is + independent and free; his co-operation in its affairs ensures his + attachment to its interest; the well-being it affords him secures his + affection; and its welfare is the aim of his ambition and of his future + exertions; he takes a part in every occurrence in the place; he practises + the art of government in the small sphere within his reach; he accustoms + himself to those forms which can alone ensure the steady progress of + liberty; he imbibes their spirit; he acquires a taste for order, + comprehends the union of the balance of powers, and collects clear + practical notions on the nature of his duties and the extent of his + rights. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + THE COUNTIES OF NEW ENGLAND. + </h3> + <p> + The division of the counties in America has considerable analogy with that + of the arrondissements of France. The limits of the counties are + arbitrarily laid down, and the various districts which they contain have + no necessary connexion, no common traditional or natural sympathy; their + object is simply to facilitate the administration of public affairs. + </p> + <p> + The extent of the township was too small to contain a system of judicial + institutions; each county has, however, a court of justice,{69} a sheriff + to execute its decrees, and a prison for criminals. There are certain + wants which are felt alike by all the townships of a county; it is + therefore natural that they should be satisfied by a central authority. In + the state of Massachusetts this authority is vested in the hands of + several magistrates who are appointed by the governor of the state, with + the advice{70} of his council.{71} The officers of the county have only a + limited and occasional authority, which is applicable to certain + predetermined cases. The state and the townships possess all the power + requisite to conduct public business. The budget of the county is only + drawn up by its officers, and is voted by the legislature.{72} There is no + assembly which directly or indirectly represents the county; it has, + therefore, properly speaking, no political existence. + </p> + <p> + A twofold tendency may be discerned in the American constitutions, which + impels the legislator to centralize the legislative, and to disperse the + executive power. The township of New England has in itself an + indestructible element of independence; but this distinct existence could + only be fictitiously introduced into the county, where its utility had not + been felt. All the townships united have but one representation, which is + the state, the centre of the national authority: beyond the action of the + township and that of the nation, nothing can be said to exist but the + influence of individual exertion. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + ADMINISTRATION IN NEW ENGLAND. + </h3> + <p> + Administration not perceived in America.—Why?—The Europeans + believe that Liberty is promoted by depriving the social Authority of some + of its Rights; the Americans, by dividing its Exercise.—Almost all + the Administration confined to the Township, and divided among the town + Officers.—No trace of an administrative Hierarchy to be perceived + either in the Township, or above it.—The Reason of this.—How + it happens that the Administration of the State is uniform.—Who is + empowered to enforce the Obedience of the Township and the County to the + Law.—The introduction of judicial Power into the Administration.—Consequence + of the Extension of the elective Principle to all Functionaries.—The + Justice of the Peace in New England.—By whom Appointed.—County + Officer.—Ensures the Administration of the Townships.—Court of + Sessions.—Its Action.—Right of Inspection and Indictment + disseminated like the other administrative Functions.—Informers + encouraged by the division of Fines. + </p> + <p> + Nothing is more striking to a European traveller in the United States than + the absence of what we term government, or the administration. Written + laws exist in America, and one sees that they are daily executed; but + although everything is in motion, the hand which gives the impulse to the + social machine can nowhere be discovered. Nevertheless, as all people are + obliged to have recourse to certain grammatical forms, which are the + foundation of human language, in order to express their thoughts; so all + communities are obliged to secure their existence by submitting to a + certain portion of authority, without which they fall a prey to anarchy. + This authority may be distributed in several ways, but it must always + exist somewhere. + </p> + <p> + There are two methods of diminishing the force of authority in a nation. + </p> + <p> + The first is to weaken the supreme power in its very principle, by + forbidding or preventing society from acting in its own defence under + certain circumstances. To weaken authority in this manner is what is + generally termed in Europe to lay the foundations of freedom. + </p> + <p> + The second manner of diminishing the influence of authority does not + consist in stripping society of any of its rights, nor in paralysing its + efforts, but in distributing the exercise of its privileges among various + hands, and in multiplying functionaries, to each of whom the degree of + power necessary for him to perform his duty is intrusted. There may be + nations whom this distribution of social powers might lead to anarchy; but + in itself it is not anarchical. The action of authority is indeed thus + rendered less irresistible, and less perilous, but it is not totally + suppressed. + </p> + <p> + The revolution of the United States was the result of a mature and + deliberate taste for freedom, not of a vague or ill-defined craving for + independence. It contracted no alliance with the turbulent passions of + anarchy; but its course was marked, on the contrary, by an attachment to + whatever was lawful and orderly. + </p> + <p> + It was never assumed in the United States that the citizen of a free + country has a right to do whatever he pleases: on the contrary, social + obligations were there imposed upon him more various than anywhere else; + no idea was ever entertained of attacking the principles, or of contesting + the rights of society; but the exercise of its authority was divided, to + the end that the office might be powerful and the officer insignificant, + and that the community should be at once regulated and free. In no country + in the world does the law hold so absolute a language as in America; and + in no country is the right of applying it vested in so many hands. The + administrative power in the United States presents nothing either central + or hierarchical in its constitution, which accounts for its passing + unperceived. The power exists, but its representative is not to be + discerned. + </p> + <p> + We have already seen that the independent townships of New England protect + their own private interests; and the municipal magistrates are the persons + to whom the execution of the laws of the state is most frequently + intrusted.{73} Beside the general laws, the state sometimes passes general + police regulations; but more commonly the townships and town officers, + conjointly with the justices of the peace, regulate the minor details of + social life, according to the necessities of the different localities, and + promulgate such enactments as concern the health of the community, and the + peace as well as morality of the citizens.{74} Lastly, these municipal + magistrates provide of their own accord and without any delegated powers, + for those unforeseen emergencies which frequently occur in society.{75} + </p> + <p> + It results, from what we have said, that in the state of Massachusetts the + administrative authority is almost entirely restricted to the + township,{76} but that it is distributed among a great number of + individuals. In the French commune there is properly but one official + functionary, namely, the maire; and in New England we have seen that there + are nineteen. These nineteen functionaries do not in general depend upon + one another. The law carefully prescribes a circle of action to each of + these magistrates; and within that circle they have an entire right to + perform their functions independently of any other authority. Above the + township scarcely any trace of a series of official dignities is to be + found. It sometimes happens that the county officers alter a decision of + the townships, or town magistrates,{77} but in general the authorities of + the county have no right to interfere with the authorities of the + township,{78} except in such matters as concern the county. + </p> + <p> + The magistrates of the township, as well as those of the county, are bound + to communicate their acts to the central government in a very small number + of predetermined cases.{79} But the central government is not represented + by an individual whose business it is to publish police regulations and + ordinances enforcing the execution of the laws; to keep up a regular + communication with the officers of the township and the county; to inspect + their conduct, to direct their actions, or reprimand their faults. There + is no point which serves as a centre to the radii of the administration. + </p> + <p> + What, then, is the uniform plan on which the government is conducted, and + how is the compliance of the counties and their magistrates, or the + townships and their officers, enforced? In the states of New England the + legislative authority embraces more subjects than it does in France; the + legislator penetrates to the very core of the administration; the law + descends to the most minute details; the same enactment prescribes the + principle and the method of its application, and thus imposes a multitude + of strict and rigorously defined obligations on the secondary + functionaries of the state. The consequence of this is, that if all the + secondary functionaries of the administration conform to the law, society + in all its branches proceeds with the greatest uniformity; the difficulty + remains of compelling the secondary functionaries of the administration to + conform to the law. It may be affirmed that, in general, society has only + two methods of enforcing the execution of the laws at its disposal; a + discretionary power may be intrusted to a superior functionary of + directing all the others, and of cashiering them in case of disobedience; + or the courts of justice may be authorized to inflict judicial penalties + on the offender: but these two methods are not always available. + </p> + <p> + The right of directing a civil officer pre-supposes that of cashiering him + if he does not obey orders, and of rewarding him by promotion if he + fulfils his duties with propriety. But an elected magistrate can neither + be cashiered nor promoted. All elective functions are inalienable until + their term is expired. In fact, the elected magistrate has nothing either + to expect or to fear from his constituents; and when all public offices + are filled by ballot, there can be no series of official dignities, + because the double right of commanding and of enforcing obedience can + never be vested in the same individual, and because the power of issuing + an order can never be joined to that of inflicting a punishment or + bestowing a reward. + </p> + <p> + The communities therefore in which the secondary functionaries of the + government are elected, are perforce obliged to make great use of judicial + penalties as a means of administration. This is not evident at first + sight; for those in power are apt to look upon the institution of elective + functionaries as one concession, and the subjection of the elective + magistrate to the judges of the land as another. They are equally averse + to both these innovations; and as they are more pressingly solicited to + grant the former than the latter, they accede to the election of the + magistrate, and leave him independent of the judicial power. Nevertheless, + the second of these measures is the only thing that can possibly + counter-balance the first; and it will be found that an elective authority + which is not subject to judicial power will, sooner or later, either elude + all control or be destroyed. The courts of justice are the only possible + medium between the central power and the administrative bodies; they alone + can compel the elected functionary to obey, without violating the rights + of the elector. The extension of judicial power in the political world + ought therefore to be in the exact ratio of the extension of elective + offices; if these two institutions do not go hand in hand, the state must + fall into anarchy or into subjection. + </p> + <p> + It has always been remarked that habits of legal business do not render + men apt to the exercise of administrative authority. The Americans have + borrowed from the English, their fathers, the idea of an institution which + is unknown upon the continent of Europe: I allude to that of justices of + the peace. + </p> + <p> + The justice of the peace is a sort of <i>mezzo termine</i> between the + magistrate and the man of the world, between the civil officer and the + judge. A justice of the peace is a well-informed citizen, though he is not + necessarily versed in the knowledge of the laws. His office simply obliges + him to execute the police regulations of society; a task in which good + sense and integrity are of more avail than legal science. The justice + introduces into the administration a certain taste for established forms + and publicity, which renders him a most unserviceable instrument of + despotism; and, on the other hand, he is not blinded by those + superstitions which render legal officers unfit members of a government. + The Americans have adopted the system of English justices of the peace, + but they have deprived it of that aristocratic character which is + discernible in the mother-country. The governor of Massachusetts{80} + appoints a certain number of justices of the peace in every county, whose + functions last seven years.{81} He farther designates three individuals + from among the whole body of justices, who form in each county what is + called the court of sessions. The justices take a personal share in public + business; they are sometimes intrusted with administrative functions in + conjunction with elected officers;{82} they sometimes constitute a + tribunal, before which the magistrates summarily prosecute a refractory + citizen or the citizens inform against the abuses of the magistrate. But + it is in the court of sessions that they exercise their most important + functions. This court meets twice a year in the county town; in + Massachusetts it is empowered to enforce the obedience of the greater + number{83} of public officers.{84} It must be observed that in the state + of Massachusetts the court of sessions is at the same time an + administrative body, properly so called, and a political tribunal. It has + been asserted that the county is a purely administrative division. The + court of sessions presides over that small number of affairs which, as + they concern several townships, or all the townships of the county in + common, cannot be intrusted to any of them in particular.{85} + </p> + <p> + In all that concerns county business, the duties of the court of sessions + are therefore purely administrative; and if in its investigations it + occasionally borrows the forms of judicial procedure, it is only with a + view to its own information,{86} or as a guarantee to the community over + which it presides. But when the administration of the township is brought + before it, it almost always acts as a judicial body, and in some few cases + as an administrative assembly. + </p> + <p> + The first difficulty is to procure the obedience of an authority so + entirely independent of the general laws of the state as the township is. + We have stated that assessors are annually named by the town meetings, to + levy the taxes. If a township attempts to evade the payment of the taxes + by neglecting to name its assessors, the court of sessions condemns it to + a heavy penalty.{87} The fine is levied on each of the inhabitants; and + the sheriff of the county, who is an officer of justice, executes the + mandate. Thus it is that in the United States the authority of the + government is mysteriously concealed under the forms of a judicial + sentence; and the influence is at the same time fortified by that + irresistible power with which men have invested the formalities of law. + </p> + <p> + These proceedings are easy to follow, and to understand. The demands made + upon a township are in general plain and accurately defined; they consist + in a simple fact without any complication, or in a principle without its + application in detail.{88} But the difficulty increases when it is not the + obedience of the township, but that of the town officers, which is to be + enforced. All the reprehensible actions of which a public functionary may + be guilty are reducible to the following heads: + </p> + <p> + He may execute the law without energy or zeal; + </p> + <p> + He may neglect to execute the law; + </p> + <p> + He may do what the law enjoins him not to do. + </p> + <p> + The last two violations of duty can alone come under the cognizance of a + tribunal; a positive and appreciable fact is the indispensable foundation + of an action at law. Thus, if the selectmen omit to fulfil the legal + formalities usual to town elections, they may be condemned to pay a + fine;{89} but when the public officer performs his duty without ability, + and when he obeys the letter of the law without zeal or energy, he is at + least beyond the reach of judicial interference. The court of sessions, + even when it is invested with its administrative powers, is in this case + unable to compel him to a more satisfactory obedience. The fear of removal + is the only check to these quasi offences; and as the court of sessions + does not originate the town authorities, it cannot remove functionaries + whom it does not appoint. Moreover, a perpetual investigation would be + necessary to convict the subordinate officer of negligence or + lukewarmness; and the court of sessions sits but twice a year, and then + only judges such offences as are brought before its notice. The only + security for that active and enlightened obedience, which a court of + justice cannot impose upon public officers, lies in the possibility of + their arbitrary removal. In France this security is sought for in powers + exercised by the heads of the administration; in America it is sought for + in the principle of election. + </p> + <p> + Thus, to recapitulate in a few words what I have been showing:— + </p> + <p> + If a public officer in New England commits a crime in the exercise of his + functions, the ordinary courts of justice are always called upon to pass + sentence upon him. + </p> + <p> + If he commits a fault in his official capacity, a purely administrative + tribunal is empowered to punish him; and, if the affair is important or + urgent, the judge supplies the omission of the functionary.{90} + </p> + <p> + Lastly, if the same individual is guilty of one of those intangible + offences, of which human justice has no cognizance, he annually appears + before a tribunal from which there is no appeal, which can at once reduce + him to insignificance, and deprive him of his charge. This system + undoubtedly possesses great advantages, but its execution is attended with + a practical difficulty which it is important to point out. + </p> + <p> + I have already observed, that the administrative tribunal, which is called + the court of sessions, has no right of inspection over the town officers. + It can only interfere when the conduct of a magistrate is specially + brought under its notice; and this is the delicate part of the system. The + Americans of New England are unacquainted with the office of public + prosecutor in the court of sessions,{91} and it may readily be perceived + that it could not have been established without difficulty. If an accusing + magistrate had merely been appointed in the chief town of each county, and + if he had been unassisted by agents in the townships, he would not have + been better acquainted with what was going on in the county than the + members of the court of sessions. But to appoint agents in each township, + would have been to centre in his person the most formidable of powers, + that of a judicial administration. Moreover, laws are the children of + habit, and nothing of the kind exists in the legislation of England. The + Americans have therefore divided the officers of inspection and of + prosecution as well as all the other functions of the administration. + Grand-jurors are bound by the law to apprize the court to which they + belong of all the misdemeanors which may have been committed in their + county.{92} There are certain great offences which are officially + prosecuted by the state;{93} but more frequently the task of punishing + delinquents devolves upon the fiscal officer, whose province it is to + receive the fine; thus the treasurer of the township is charged with the + prosecution of such administrative offences as fall under his notice. But + a more especial appeal is made by American legislation to the private + interest of the citizen,{94} and this great principle is constantly to be + met with in studying the laws of the United States. American legislators + are more apt to give men credit for intelligence than for honesty; and + they rely not a little on personal cupidity for the execution of the laws. + When an individual is really and sensibly injured by an administrative + abuse, it is natural that his personal interest should induce him to + prosecute. But if a legal formality be required which, however + advantageous to the community, is of small importance to individuals, + plaintiffs may be less easily found; and thus, by a tacit agreement, the + laws might fall into disuse. Reduced by their system to this extremity, + the Americans are obliged to encourage informers by bestowing on them a + portion of the penalty in certain cases;{95} and to ensure the execution + of the laws by the dangerous expedient of degrading the morals of the + people. + </p> + <p> + The only administrative authority above the county magistrates is, + properly speaking, that of the government. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + GENERAL REMARKS ON THE ADMINISTRATION OF THE UNITED STATES. + </h3> + <p> + Difference of the States of the Union in their Systems of Administration.—Activity + and Perfection of the local Authorities decreases towards the South.—Power + of the Magistrates increases; that of the Elector diminishes.—Administration + passes from the Township to the County.—States of New York, Ohio, + Pennsylvania.—Principles of Administration applicable to the whole + Union.—Election of public Officers, and Inalienability of their + Functions.—Absence of Gradation of Ranks.—Introduction of + judicial Resources into the Administration. + </p> + <p> + I have already promised that after having examined the constitution of the + township and the county of New England in detail, I should take a general + view of the remainder of the Union. Townships and a local activity exist + in every state; but in no part of the confederation is a township to be + met with precisely similar to those in New England. The more we descend + toward the south, the less active does the business of the township or + parish become; the number of magistrates, of functions, and of rights, + decreases; the population exercises a less immediate influence on affairs; + town-meetings are less frequent, and the subjects of debates less + numerous. The power of the elected magistrate is augmented, and that of + the elector diminished, while the public spirit of the local communities + is less awakened and less influential.{96} + </p> + <p> + These differences may be perceived to a certain extent in the state of New + York; they are very sensible in Pennsylvania; but they become less + striking as we advance to the northwest. The majority of the emigrants who + settle in the northwestern states are natives of New England, and they + carry the habits of their mother-country with them into that which they + adopt. A township in Ohio is by no means dissimilar from a township in + Massachusetts. + </p> + <p> + We have seen that in Massachusetts the principal part of the public + administration lies in the township. It forms the common centre of the + interests and affections of the citizens. But this ceases to be the case + as we descend to states in which knowledge is less generally diffused, and + where the township consequently offers fewer guarantees of a wise and + active administration. As we leave New England, therefore, we find that + the importance of the town is gradually transferred to the county, which + becomes the centre of administration, and the intermediate power between + the government and the citizen. In Massachusetts the business of the town + is conducted by the court of sessions, which is composed of a <i>quorum</i> + named by the governor and his council; but the county has no + representative assembly, and its expenditure is voted by the national{97} + legislature. In the great state of New York, on the contrary, and in those + of Ohio and Pennsylvania, the inhabitants of each county choose a certain + number of representatives, who constitute the assembly of the county.{98} + The county assembly has the right of taxing the inhabitants to a certain + extent; and in this respect it enjoys the privileges of a real legislative + body: at the same time it exercises an executive power in the county, + frequently directs the administration of the townships, and restricts + their authority within much narrower bounds than in Massachusetts. + </p> + <p> + Such are the principal differences which the systems of county and town + administration present in the federal states. Were it my intention to + examine the provisions of American law minutely, I should have to point + out still farther differences in the executive details of the several + communities. But what I have already said may suffice to show the general + principles on which the administration of the United States rests. These + principles are differently applied; their consequences are more or less + numerous in various localities; but they are always substantially the + same. The laws differ, and their outward features change, but their + character does not vary. If the township and the county are not everywhere + constituted in the same manner, it is at least true that in the United + States the county and the township are always based upon the same + principle, namely, that every one is the best judge of what concerns + himself alone, and the person most able to supply his private wants. The + township and the county are therefore bound to take care of their special + interests: the state governs, but it does not interfere with their + administration. Exceptions to this rule may be met with, but not a + contrary principle. + </p> + <p> + The first consequence of this doctrine has been to cause all the + magistrates to be chosen either by, or at least from among the citizens. + As the officers are everywhere elected or appointed for a certain period, + it has been impossible to establish the rules of a dependent series of + authorities; there are almost as many independent functionaries as there + are functions, and the executive power is disseminated in a multitude of + hands. Hence arose the indispensable necessity of introducing the control + of the courts of justice over the administration, and the system of + pecuniary penalties, by which the secondary bodies and their + representatives are constrained to obey the laws. The system obtains from + one end of the Union to the other. The power of punishing the misconduct + of public officers, or of performing the part of the executive, in urgent + cases, has not, however, been bestowed on the same judges in all the + states. The Anglo-Americans derived the institution of justices of the + peace from a common source; but although it exists in all the states, it + is not always turned to the same use. The justices of the peace everywhere + participate in the administration of the townships and the counties,{99} + either as public officers or as the judges of public misdemeanors, but in + most of the states the more important classes of public offences come + under the cognisance of the ordinary tribunals. + </p> + <p> + The election of public officers, or the inalienability of their functions, + the absence of a gradation of powers, and the introduction of a judicial + control over the secondary branches of the administration, are the + universal characteristics of the American system from Maine to the + Floridas. In some states (and that of New York has advanced most in this + direction) traces of a centralised administration begin to be discernible. + In the state of New York the officers of the central government exercise, + in certain cases, a sort of inspection of control over the secondary + bodies.{100} At other times they constitute a court of appeal for the + decision of affairs.{101} In the state of New York judicial penalties are + less used than in other parts as a means of administration; and the right + of prosecuting the offences of public officers is vested in fewer + hands.{102} The same tendency is faintly observable in some other + states;{103} but in general the prominent feature of the administration in + the United States is its excessive local independence. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + OF THE STATE. + </h3> + <p> + I have described the townships and the administration: it now remains for + me to speak of the state and government. This is ground I may pass over + rapidly, without fear of being misunderstood; for all I have to say is to + be found in written forms of the various constitutions, which are easily + to be procured.{104} These constitutions rest upon a simple and rational + theory; their forms have been adopted by all constitutional nations, and + are become familiar to us. + </p> + <p> + In this place, therefore, it is only necessary for me to give a short + analysis; I shall endeavor afterward to pass judgment upon what I now + describe. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + LEGISLATIVE POWER OF THE STATE. + </h3> + <p> + Division of the Legislative Body into two Houses.—Senate.—House + of Representatives.—Different functions of these two Bodies. + </p> + <p> + The legislative power of the state is vested in two assemblies, the first + of which generally bears the name of the senate. + </p> + <p> + The senate is commonly a legislative body; but it sometimes becomes an + executive and judicial one. It takes a part in the government in several + ways, according to the constitution of the different states;{105} but it + is in the nomination of public functionaries that it most commonly assumes + an executive power. It partakes of judicial power in the trial of certain + political offences, and sometimes also in the decision of certain civil + cases.{106} The number of its members is always small. The other branch of + the legislature, which is usually called the house of representatives, has + no share whatever in the administration, and only takes a part in the + judicial power inasmuch as it impeaches public functionaries before the + senate. + </p> + <p> + The members of the two houses are nearly everywhere subject to the same + conditions of election. They are chosen in the same manner, and by the + same citizens. + </p> + <p> + The only difference which exists between them is, that the term for which + the senate is chosen, is in general longer than that of the house of + representatives. The latter seldom remain in office longer than a year; + the former usually sit two or three years. + </p> + <p> + By granting to the senators the privilege of being chosen for several + years, and being renewed seriatim, the law takes care to preserve in the + legislative body a nucleus of men already accustomed to public business, + and capable of exercising a salutary influence upon the junior members. + </p> + <p> + The Americans, plainly, did not desire, by this separation of the + legislative body into two branches, to make one house hereditary and the + other elective; one aristocratic and the other democratic. It was not + their object to create in the one a bulwark to power, while the other + represented the interests and passions of the people. The only advantages + which result from the present constitution of the United States, are, the + division of the legislative power, and the consequent check upon political + assemblies; with the creation of a tribunal of appeal for the revision of + the laws. + </p> + <p> + Time and experience, however, have convinced the Americans that if these + are its only advantages, the division of the legislative power is still a + principle of the greatest necessity. Pennsylvania was the only one of the + United States which at first attempted to establish a single house of + assembly; and Franklin himself was so far carried away by the necessary + consequences of the principle of the sovereignty of the people, as to have + concurred in the measure; but the Pennsylvanians were soon obliged to + change the law, and to create two houses. Thus the principle of the + division of the legislative power was finally established, and its + necessity may henceforward be regarded as a demonstrated truth. + </p> + <p> + This theory, which was nearly unknown to the republics of antiquity—which + was introduced into the world almost by accident, like so many other great + truths—and misunderstood by several modern nations, is at length + become an axiom in the political science of the present age. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + THE EXECUTIVE POWER OF THE STATE. + </h3> + <p> + Office of Governor in an American State.—The Place he occupies in + relation to the Legislature.—His Rights and his Duties.—His + Dependence on the People. + </p> + <p> + The executive power of the state may with truth be said to be <i>represented</i> + by the governor, although he enjoys but a portion of its rights. The + supreme magistrate, under the title of governor, is the official moderator + and counsellor of the legislature. He is armed with a suspensive veto, + which allows him to stop, or at least to retard, its movements at + pleasure. He lays the wants of the country before the legislative body, + and points out the means which he thinks may be usefully employed in + providing for them; he is the natural executor of its decrees in all the + undertakings which interest the nation at large.{107} In the absence of + the legislature, the governor is bound to take all necessary steps to + guard the state against violent shocks and unforeseen dangers. + </p> + <p> + The whole military power of the state is at the disposal of the governor. + He is commander of the militia and head of the armed force. When the + authority, which is by general consent awarded to the laws, is + disregarded, the governor puts himself at the head of the armed force of + the state, to quell resistance and to restore order. + </p> + <p> + Lastly, the governor takes no share in the administration of townships and + counties, except it be indirectly in the nomination of justices of the + peace, which nomination he has not the power to revoke.{108} + </p> + <p> + The governor is an elected magistrate, and is generally chosen for one or + two years only; so that he always continues to be strictly dependent on + the majority who returned him. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + POLITICAL EFFECTS OF THE SYSTEM OF LOCAL ADMINISTRATION IN THE UNITED + STATES. + </p> + <p> + Necessary Distinction between the general Centralisation of Government and + the Centralisation of the local Administration.—Local Administration + not centralized in the United States; great general Centralisation of the + Government.—Some bad Consequences resulting to the United States + from the local Administration.—Administrative Advantages attending + the Order of things.—The Power which conducts the Government is less + regular, less enlightened, less learned, but much greater than in Europe.—Political + Advantages of this Order of things.—In the United States the + Interests of the Country are everywhere kept in View.—Support given + to the Government by the Community.—Provincial Institutions more + necessary in Proportion as the social Condition becomes more democratic.—Reason + of this. + </p> + <p> + Centralisation is become a word of general and daily use, without any + precise meaning being attached to it. Nevertheless, there exist two + distinct kinds of centralisation, which it is necessary to discriminate + with accuracy. + </p> + <p> + Certain interests are common to all parts of a nation, such as the + enactment of its general laws, and the maintenance of its foreign + relations. Other interests are peculiar to certain parts of the nation; + such, for instance, as the business of different townships. When the power + which directs the general interests is centred in one place, or in the + same persons, it constitutes a central government. The power of directing + partial or local interests, when brought together, in like manner + constitutes what may be termed a central administration. + </p> + <p> + Upon some points these two kinds of centralisation coalesce; but by + classifying the objects which fall more particularly within the province + of each of them, they may easily be distinguished. + </p> + <p> + It is evident that a central government acquires immense power when united + to administrative centralisation. Thus combined, it accustoms men to set + their own will habitually and completely aside; to submit, not only for + once or upon one point, but in every respect, and at all times. Not only, + therefore, does the union of power subdue them by force, but it affects + them in the ordinary habits of life, and influences each individual, first + separately, and then collectively. + </p> + <p> + These two kinds of centralisation mutually assist and attract each other: + but they must not be supposed to be inseparable. It is impossible to + imagine a more completely central government than that which existed in + France under Louis XIV.; when the same individual was the author and the + interpreter of the laws, and being the representative of France at home + and abroad, he was justified in asserting that the state was identified + with his person. Nevertheless, the administration was much less + centralized under Louis XIV., than it is at the present day. + </p> + <p> + In England the centralisation of the government is carried to great + perfection; the state has the compact vigor of a man, and by the sole act + of its will it puts immense engines in motion, and wields or collects the + efforts of its authority. Indeed, I cannot conceive that a nation can + enjoy a secure or prosperous existence without a powerful centralisation + of government. But I am of opinion that a central administration enervates + the nations in which it exists by incessantly diminishing their public + spirit. If such an administration succeeds in condensing at a given moment + on a given point all the disposable resources of a people, it impairs at + least the renewal of those resources. It may ensure a victory in the hour + of strife, but it gradually relaxes the sinews of strength. It may + contribute admirably to the transient greatness of a man, but it cannot + ensure the durable prosperity of a people. + </p> + <p> + If we pay proper attention, we shall find that whenever it is said that a + state cannot act because it has no central point, it is the centralisation + of the government in which it is deficient. It is frequently asserted, and + we are prepared to assent to the proposition, that the German empire was + never able to bring all its powers into action. But the reason was, that + the state has never been able to enforce obedience to its general laws, + because the several members of that great body always claimed the right, + or found the means, of refusing their co-operation to the representatives + of the common authority, even in the affairs which concerned the mass of + the people; in other words, because there was no centralisation of + government. The same remark is applicable to the middle ages; the cause of + all the confusion of feudal society was that the control, not only of + local but of general interests, was divided among a thousand hands, and + broken up in a thousand different ways; the absence of a central + government prevented the nations of Europe from advancing with energy in + any straightforward course. + </p> + <p> + We have shown that in the United States no central administration, and no + dependent series of public functionaries, exist. Local authority has been + carried to lengths which no European nation could endure without great + inconvenience, and which have even produced some disadvantageous + consequences in America. But in the United States the centralisation of + the government is complete; and it would be easy to prove that the + national power is more compact than it has ever been in the old monarchies + of Europe. Not only is there but one legislative body in each state; not + only does there exist but one source of political authority; but numerous + district assemblies and county courts have in general been avoided, lest + they should be tempted to exceed their administrative duties and interfere + with the government. In America the legislature of each state is supreme; + nothing can impede its authority; neither privileges, nor local + immunities, nor personal influence, nor even the empire of reason, since + it represents that majority which claims to be the sole organ of reason. + Its own determination is, therefore, the only limit to its action. In + juxtaposition to it, and under its immediate control, is the + representative of the executive power, whose duty it is to constrain the + refractory to submit by superior force. The only symptom of weakness lies + in certain details of the action of the government. The American republics + have no standing armies to intimidate a discontented minority; but as no + minority has as yet been reduced to declare open war, the necessity of an + army has not been felt. The state usually employs the officers of the + township or the county, to deal with the citizens. Thus, for instance, in + New England the assessor fixes the rate of taxes; the collector receives + them; the town treasurer transmits the amount to the public treasury; and + the disputes which may arise are brought before the ordinary courts of + justice. This method of collecting taxes is slow as well as inconvenient, + and it would prove a perpetual hindrance to a government whose pecuniary + demands were large. In general it is desirable that in what ever + materially affects its existence, the government should be served by + officers of its own, appointed by itself, removable at pleasure, and + accustomed to rapid methods of proceeding. But it will always be easy for + the central government, organized as it is in America, to introduce new + and more efficacious modes of action proportioned to its wants. + </p> + <p> + The absence of a central government will not, then, as has often been + asserted, prove the destruction of the republics of the New World; far + from supposing that the American governments are not sufficiently + centralized, I shall prove hereafter that they are too much so. The + legislative bodies daily encroach upon the authority of the government, + and their tendency, like that of the French convention, is to appropriate + it entirely to themselves. Under these circumstances the social power is + constantly changing hands, because it is subordinate to the power of the + people, which is too apt to forget the maxims of wisdom and of foresight + in the consciousness of its strength: hence arises its danger; and thus + its vigor, and not its impotence, will probably be the cause of its + ultimate destruction. + </p> + <p> + The system of local administration produces several different effects in + America. The Americans seem to me to have outstepped the limits of sound + policy, in isolating the administration of the government; for order, even + in second-rate affairs, is a matter of national importance.{109} As the + state has no administrative functionaries of its own, stationed on + different parts of its territory, to whom it can give a common impulse, + the consequence is that it rarely attempts to issue any general police + regulations. The want of these regulations is severely felt, and is + frequently observed by Europeans. The appearance of disorder which + prevails on the surface, leads them at first to imagine that society is in + a state of anarchy; nor do they perceive their mistake till they have gone + deeper into the subject. Certain undertakings are of importance to the + whole state; but they cannot be put in execution, because there is no + national administration to direct them. Abandoned to the exertions of the + towns or counties, under the care of elected or temporary agents, they + lead to no result, or at least to no durable benefit. + </p> + <p> + The partisans of centralisation in Europe maintain that the government + directs the affairs of each locality better than the citizens could do it + for themselves: this may be true when the central power is enlightened, + and when the local districts are ignorant; when it is as alert as they are + slow; when it is accustomed to act, and they to obey. Indeed, it is + evident that this double tendency must augment with the increase of + centralisation, and that the readiness of the one, and the incapacity of + the others, must become more and more prominent. But I deny that such is + the case when the people is as enlightened, as awake to its interests, and + as accustomed to reflect on them, as the Americans are. I am persuaded, on + the contrary, that in this case the collective strength of the citizens + will always conduce more efficaciously to the public welfare than the + authority of the government. It is difficult to point out with certainty + the means of arousing a sleeping population, and of giving it passions and + knowledge which it does not possess; it is, I am well aware, an arduous + task to persuade men to busy themselves about their own affairs; and it + would frequently be easier to interest them in the punctilios of court + etiquette than in the repairs of their common dwelling. But whenever a + central administration affects to supersede the persons most interested, I + am inclined to suppose that it is either misled, or desirous to mislead. + However enlightened and however skilful a central power may be, it cannot + of itself embrace all the details of the existence of a great nation. Such + vigilance exceeds the powers of man. And when it attempts to create and + set in motion so many complicated springs, it must submit to a very + imperfect result, or consume itself in bootless efforts. + </p> + <p> + Centralisation succeeds more easily, indeed, in subjecting the external + actions of men to a certain uniformity, which at last commands our regard, + independently of the objects to which it is applied, like those devotees + who worship the statue and forget the deity it represents. Centralisation + imparts without difficulty an admirable regularity to the routine of + business; rules the details of the social police with sagacity; represses + the smallest disorder and the most petty misdemeanors; maintains society + in a <i>status quo</i>, alike secure from improvement and decline; and + perpetuates a drowsy precision in the conduct of affairs, which is hailed + by the heads of the administration as a sign of perfect order and public + tranquillity;{110} in short, it excels more in prevention than in action. + Its force deserts it when society is to be disturbed or accelerated in its + course; and if once the co-operation of private citizens is necessary to + the furtherance of its measures, the secret of its impotence is disclosed. + Even while it invokes their assistance, it is on the condition that they + shall act exactly as much as the government chooses, and exactly in the + manner it appoints. They are to take charge of the details, without + aspiring to guide the system; they are to work in a dark and subordinate + sphere, and only to judge the acts in which they have themselves + co-operated, by their results. These, however, are not conditions on which + the alliance of the human will is to be obtained; its carriage must be + free, and its actions responsible, or (such is the constitution of man) + the citizen had rather remain a passive spectator than a dependent actor + in schemes with which he is unacquainted. + </p> + <p> + It is undeniable, that the want of those uniform regulations which control + the conduct of every inhabitant of France is not unfrequently felt in the + United States. Gross instances of social indifference and neglect are to + be met with; and from time to time disgraceful blemishes are seen, in + complete contrast with the surrounding civilisation. Useful undertakings, + which cannot succeed without perpetual attention and rigorous exactitude, + are very frequently abandoned in the end; for in America, as well as in + other countries, the people is subject to sudden impulses and momentary + exertions. The European who is accustomed to find a functionary always at + hand to interfere with all he undertakes, has some difficulty in + accustoming himself to the complex mechanism of the administration of the + townships. In general it may be affirmed that the lesser details of the + police, which render life easy and comfortable, are neglected in America; + but that the essential guarantees of man in society are as strong there as + elsewhere. In America the power which conducts the government is far less + regular, less enlightened, and less learned, but a hundredfold more + authoritative, than in Europe. In no country in the world do the citizens + make such exertions for the common weal; and I am acquainted with no + people which has established schools as numerous and as efficacious, + places of public worship better suited to the wants of the inhabitants, or + roads kept in better repair. Uniformity or permanence of design, the + minute arrangement of details,{111} and the perfection of an ingenious + administration, must not be sought for in the United States; but it will + be easy to find, on the other hand, the symptoms of a power, which, if it + is somewhat barbarous, is at least robust; and of an existence, which is + checkered with accidents indeed, but cheered at the same time by animation + and effort. + </p> + <p> + Granting for an instant that the villages and counties of the United + States would be more usefully governed by a remote authority, which they + had never seen, than by functionaries taken from the midst of them—admitting, + for the sake of argument, that the country would be more secure, and the + resources of society better employed, if the whole administration centred + in a single arm, still the <i>political</i> advantages which the Americans + derive from their system would induce me to prefer it to the contrary + plan. It profits me but little, after all, that a vigilant authority + protects the tranquillity of my pleasures, and constantly averts all + danger from my path, without my care or my concern, if the same authority + is the absolute mistress of my liberty and of my life, and if it so + monopolises all the energy of existence, that when it languishes + everything languishes around it, that when it sleeps everything must + sleep, that when it dies the state itself must perish. + </p> + <p> + In certain countries of Europe the natives consider themselves as a kind + of settlers, indifferent to the fate of the spot upon which they live. The + greatest changes are effected without their concurrence and (unless chance + may have apprised them of the event) without their knowledge; nay more, + the citizen is unconcerned as to the condition of his village, the police + of his street, the repairs of the church or the parsonage; for he looks + upon all these things as unconnected with himself, and as the property of + a powerful stranger whom he calls the government. He has only a + life-interest in these possessions, and he entertains no notions of + ownership or of improvement. This want of interest in his own affairs goes + so far, that if his own safety or that of his children is endangered, + instead of trying to avert the peril, he will fold his arms, and wait till + the nation comes to his assistance. This same individual, who has so + completely sacrificed his own free will, has no natural propensity to + obedience; he cowers, it is true, before the pettiest officer; but he + braves the law with the spirit of a conquered foe as soon as its superior + force is removed: his oscillations between servitude and license are + perpetual. When a nation has arrived at this state, it must either change + its customs and its laws, or perish: the source of public virtue is dry; + and though it may contain subjects, the race of citizens is extinct. Such + communities are a natural prey to foreign conquest; and if they do not + disappear from the scene of life, it is because they are surrounded by + other nations similar or inferior to themselves; it is because the + instinctive feeling of their country's claims still exists in their + hearts; and because an involuntary pride in the name it bears, or the + vague reminiscence of its by-gone fame, suffices to give them the impulse + of self-preservation. + </p> + <p> + Nor can the prodigious exertions made by certain people in the defence of + a country, in which they may almost be said to have lived as aliens, be + adduced in favor of such a system; for it will be found that in these + cases their main incitement was religion. The permanence, the glory, and + the prosperity of the nation, were become parts of their faith; and in + defending the country they inhabited, they defended that holy city of + which they were all citizens. The Turkish tribes have never taken an + active share in the conduct of the affairs of society, but they + accomplished stupendous enterprises as long as the victories of the + sultans were the triumphs of the Mohammedan faith. In the present age they + are in rapid decay, because their religion is departing, and despotism + only remains. Montesquieu, who attributed to absolute power an authority + peculiar to itself, did it, as I conceive, undeserved honor; for + despotism, taken by itself, can produce no durable results. On close + inspection we shall find that religion, and not fear, has ever been the + cause of the long-lived prosperity of absolute governments. Whatever + exertions may be made, no true power can be founded among men which does + not depend upon the free union of their inclinations; and patriotism and + religion are the only two motives in the world which can permanently + direct the whole of a body politic to one end. + </p> + <p> + Laws cannot succeed in rekindling the ardor of an extinguished faith; but + men may be interested in the fate of their country by the laws. By this + influence, the vague impulse of patriotism, which never abandons the human + heart, may be directed and revived: and if it be connected with the + thoughts, the passions and daily habits of life, it may be consolidated + into a durable and rational sentiment. Let it not be said that the time + for the experiment is already past; for the old age of nations is not like + the old age of men, and every fresh generation is a new people ready for + the care of the legislator. + </p> + <p> + It is not the <i>administrative</i>, but the <i>political</i> effects of + the local system that I most admire in America. In the United States the + interests of the country are everywhere kept in view; they are an object + of solicitude to the people of the whole Union, and every citizen is as + warmly attached to them as if they were his own. He takes pride in the + glory of his nation; he boasts of his success, to which he conceives + himself to have contributed; and he rejoices in the general prosperity by + which he profits. The feeling he entertains toward the state is analogous + to that which unites him to his family, and it is by a kind of egotism + that he interests himself in the welfare of his country. + </p> + <p> + The European generally submits to a public officer because he represents a + superior force; but to an American he represents a right. In America it + may be said that no one renders obedience to man, but to justice and to + law. If the opinion which the citizen entertains of himself is + exaggerated, it is at least salutary; he unhesitatingly confides in his + own powers, which appear to him to be all-sufficient. When a private + individual meditates an undertaking, however directly connected it may be + with the welfare of society, he never thinks of soliciting the + co-operation of the government: but he publishes his plan, offers to + execute it himself, courts the assistance of other individuals, and + struggles manfully against all obstacles. Undoubtedly he is less + successful than the state might have been in his position; but in the end, + the sum of these private undertakings far exceeds all that the government + could effect. + </p> + <p> + As the administrative authority is within the reach of the citizens, whom + it in some degree represents, it excites neither their jealousy nor their + hatred: as its resources are limited, every one feels that he must not + rely solely on its assistance. Thus when the administration thinks fit to + interfere, it is not abandoned to itself as in Europe; the duties of the + private citizens are not supposed to have lapsed because the state assists + in their fulfilment; but every one is ready, on the contrary, to guide and + to support it. This action of individual exertions, joined to that of the + public authorities, frequently performs what the most energetic central + administration would be unable to execute. It would be easy to adduce + several facts in proof of what I advance, but I had rather give only one, + with which I am more thoroughly acquainted.{112} In America, the means + which the authorities have at their disposal for the discovery of crimes + and the arrest of criminals are few. A state police does not exist, and + passports are unknown. The criminal police of the United States cannot be + compared with that of France; the magistrates and public prosecutors are + not numerous, and the examinations of prisoners are rapid and oral. + Nevertheless in no country does crime more rarely elude punishment. The + reason is that every one conceives himself to be interested in furnishing + evidence of the act committed, and in stopping the delinquent. During my + stay in the United States, I saw the spontaneous formation of committees + for the pursuit and prosecution of a man who had committed a great crime + in a certain county. In Europe a criminal is an unhappy being, who is + struggling for his life against the ministers of justice, while the + population is merely a spectator of the conflict: in America he is looked + upon as an enemy of the human race, and the whole of mankind is against + him. + </p> + <p> + I believe that provincial institutions are useful to all nations, but + nowhere do they appear to me to be more indispensable than among a + democratic people. In an aristocracy, order can always be maintained in + the midst of liberty; and as the rulers have a great deal to lose, order + is to them a first-rate consideration. In like manner an aristocracy + protects the people from the excesses of despotism, because it always + possesses an organized power ready to resist a despot. But a democracy + without provincial institutions has no security against these evils. How + can a populace, unaccustomed to freedom in small concerns, learn to use it + temperately in great affairs? What resistance can be offered to tyranny in + a country where every private individual is impotent, and where the + citizens are united by no common tie? Those who dread the license of the + mob, and those who fear the rule of absolute power, ought alike to desire + the progressive growth of provincial liberties. + </p> + <p> + On the other hand, I am convinced that democratic nations are most exposed + to fall beneath the yoke of a central administration, for several reasons, + among which is the following:— + </p> + <p> + The constant tendency of these nations is to concentrate all the strength + of the government in the hands of the only power which directly represents + the people: because, beyond the people nothing is to be perceived but a + mass of equal individuals confounded together. But when the same power is + already in possession of all the attributes of the government, it can + scarcely refrain from penetrating into the details of the administration; + and an opportunity of doing so is sure to present itself in the end, as + was the case in France. In the French revolution there were two impulses + in opposite directions, which must never be confounded; the one was + favorable to liberty, the other to despotism. Under the ancient monarchy + the king was the sole author of the laws; and below the power of the + sovereign, certain vestiges of provincial institutions half-destroyed, + were still distinguishable. These provincial institutions were incoherent, + ill-compacted, and frequently absurd; in the hands of the aristocracy they + had sometimes been converted into instruments of oppression. The + revolution declared itself the enemy of royalty and of provincial + institutions at the same time; it confounded all that had preceded it—despotic + power and the checks to its abuses—in an indiscriminate hatred; and + its tendency was at once to republicanism and to centralisation. This + double character of the French revolution is a fact which has been + adroitly handled by the friends of absolute power. Can they be accused of + laboring in the cause of despotism, when they are defending of the + revolution?{113} In this manner popularity may be conciliated with + hostility to the rights of the people, and the secret slave of tyranny may + be the professed admirer of freedom. + </p> + <p> + I have visited the two nations in which the system of provincial liberty + has been most perfectly established, and I have listened to the opinions + of different parties in those countries. In America I met with men who + secretly aspired to destroy the democratic institutions of the Union; in + England, I found others who attacked aristocracy openly; but I know of no + one who does not regard provincial independence as a great benefit. In + both countries I have heard a thousand different causes assigned for the + evils of the state; but the local system was never mentioned among them. I + have heard citizens attribute the power and prosperity of their country to + a multitude of reasons: but they <i>all</i> placed the advantages of local + institutions in the foremost rank. + </p> + <p> + Am I to suppose that when men who are naturally so divided on religious + opinions, and on political theories, agree on one point (and that, one of + which they have daily experience), they are all in error? The only nations + which deny the utility of provincial liberties are those which have fewest + of them; in other words, those who are unacquainted with the institution + are the only persons who pass a censure upon it. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {63} It is by this periphrasis that I attempt to render the French + expressions "<i>Commune</i>" and "<i>Système Communal</i>." I am not aware + that any English word precisely corresponds to the general term of the + original. In France every association of human dwellings forms a <i>commune</i>, + and every commune is governed by a <i>maire</i> and a <i>conseil municipal</i>. + In other words, the <i>mancipium</i> or municipal privilege, which belongs + in England to chartered corporations alone, is alike extended to every + commune into which the cantons and departments of France were divided at + the revolution. Thence the different application of the expression, which + is general in one country and restricted in the other. In America, the + counties of the northern states are divided into townships, those of the + southern into parishes; besides which, municipal bodies, bearing the name + of corporations, exist in the cities. I shall apply these several + expressions to render the term <i>commune</i>. The term "parish," now + commonly used in England, belongs exclusively to the ecclesiastical + division; it denotes the limits over which a <i>parson's</i> (<i>personae + ecclesiae</i> or perhaps <i>parochianus</i>) rights extend.—<i>Translator's + Note</i>. + </p> + <p> + {64} In 1830, there were 305 townships in the state of Massachusetts and + 610,014 inhabitants; which gives an average of about 2,000 inhabitants to + each township. + </p> + <p> + {65} The same rules are not applicable to the great towns, which generally + have a mayor, and a corporation divided into two bodies; this, however, is + an exception which requires a sanction of a law. See the act of 22d + February, 1822, for appointing the authorities of the city of Boston. It + frequently happens that small towns as well as cities are subject to a + peculiar administration. In 1832, 104 townships in the state of New York + were governed in this manner.—<i>Williams's Register</i>. + </p> + <p> + {66} Three selectmen are appointed in the small townships, and nine in the + large ones. See "The Town Officer," p. 186. See also the principal laws of + the state of Massachusetts relative to the selectmen:— + </p> + <p> + Act of the 20th February, 1786, vol. i, p. 219; 24th February, 1796, vol. + i., p. 488, 7th March, 1801, vol. ii., p. 45; 16th June, 1795, vol. i., p. + 475; 12th March, 1808, vol. ii., p. 186; 28th February, 1787, vol. i., p. + 302; 22d June, 1797, vol. i., p. 539. + </p> + <p> + {67} See laws of Massachusetts, vol. i., p. 150 Act of the 25th March, + 1786. + </p> + <p> + {68} All these magistrates actually exist; their different functions are + all detailed in a book called, "The Town Officer," by Isaac Goodwin, + Worcester, 1827; and in the Collection of the General Laws of + Massachusetts, 3 vols., Boston, 1823. + </p> + <p> + {69} See the act of 14th February, 1821. Laws of Massachusetts, vol i., p. + 551. + </p> + <p> + {70} See the act of 20th February, 1819. Laws of Massachusetts, vol ii., + p. 494. + </p> + <p> + {71} The council of the governor is an elective body. + </p> + <p> + {72} See the act of 2d November, 1791. Laws of Massachusetts, vol i., p. + 61. + </p> + <p> + {73} See "The Town Officer," especially at the words SELECTMEN, ASSESSORS, + COLLECTORS, SCHOOLS, SURVEYORS OF HIGHWAYS. I take one example in a + thousand: the state prohibits travelling on a Sunday; the <i>tything-men</i>, + who are town-officers, are especially charged to keep watch and to execute + the law. See the laws of Massachusetts, vol. i., p. 410. The selectmen + draw up the lists of electors for the election of the governor, and + transmit the result of the ballot to the secretary of the state. See act + of 24th February, 1796; <i>Ib</i>., vol. i., p. 488. + </p> + <p> + {74} Thus, for instance, the selectmen authorise the construction of + drains, point out the proper sites for slaughter-houses and other trades + which are a nuisance to the neighborhood. See the act of 7th June, 1735; + Laws of Massachusetts, vol. i., p. 193. + </p> + <p> + {75} The selectmen take measures for the security of the public in case of + contagious disease, conjointly with the justices of the peace. See the act + of 22d June, 1797; vol. i., p. 539. + </p> + <p> + {76} I say <i>almost</i>, for there are various circumstances in the + annals of a township which are regulated by the justice of the peace in + his individual capacity, or by the justices of the peace, assembled in the + chief town of the county; thus licenses are granted by the justices. See + the act of 28th Feb., 1787; vol. i., p. 297. + </p> + <p> + {77} Thus licenses are only granted to such persons as can produce a + certificate of good conduct from the selectmen. If the selectmen refuse to + give the certificate, the party may appeal to the justices assembled in + the court of sessions; and they may grant the license. See the act of 12th + March, 1808; vol. ii., p. 186. + </p> + <p> + The townships have the right to make by-laws, and to enforce them by fines + which are fixed by law; but these by-laws must be approved by the court of + sessions. See the act of 23d March, 1786; vol. i., p. 254. + </p> + <p> + {78} In Massachusetts the county-magistrates are frequently called upon to + investigate the acts of the town-magistrates; but it will be shown farther + on that this investigation is a consequence, not of their administrative, + but of their judicial power. + </p> + <p> + {79} The town committees of schools are obliged to make an annual report + to the secretary of the state on the condition of the School. See the act + of 10th March, 1827; vol. iii., p. 183. + </p> + <p> + {80} We shall hereafter learn what a governor is; I shall content myself + with remarking in this place, that he represents the executive power of + the whole state. + </p> + <p> + {81} See the constitution of Massachusetts, chap ii., § 1; chap iii., § 3. + </p> + <p> + {82} Thus, for example, a stranger arrives in a township from a country + where a contagious disease prevails, and he falls ill. Two justices of the + peace can, with the assent of the selectmen, order the sheriff of the + county to remove and take care of him. Act of 22d June, 1797; vol. i., p. + 540. + </p> + <p> + In general the justices interfere in all the important acts of the + administration, and give them a semi-judicial character. + </p> + <p> + {83} I say the greater number because certain administrative misdemeanors + are brought before the ordinary tribunals. If, for instance, a township + refuses to make the necessary expenditure for its schools, or to name a + school-committee, it is liable to a heavy fine. But this penalty is + pronounced by the supreme judicial court or the court of common pleas. See + the act of 10th March, 1827; laws of Massachusetts, vol. iii., p. 190. Or + when a township neglects to provide the necessary war-stores. Act of 21st + February, 1822; Id. vol. ii., p. 570. + </p> + <p> + {84} In their individual capacity, the justices of the peace take a part + in the business of the counties and townships. The more important acts of + the municipal government are rarely decided upon without the co-operation + of one of their body. + </p> + <p> + {85} These affairs may be brought under the following heads: 1. The + erection of prisons and courts of justice. 2. The county budget, which is + afterward voted by the state. 3. The assessment of the taxes so voted. 4. + Grants of certain patents. 5. The laying down and repairs of the county + roads. + </p> + <p> + {86} Thus, when a road is under consideration, almost all difficulties are + disposed of by the aid of the jury. + </p> + <p> + {87} See the act of the 20th February, 1786; laws of Massachusetts, vol. + 1., p. 217. + </p> + <p> + {88} There is an indirect method of enforcing the obedience of a township. + Suppose that the funds which the law demands for the maintenance of the + roads have not been voted; the town-surveyor is then authorized, <i>ex-officio</i>, + to levy the supplies. As he is personally responsible to private + individuals for the state of the roads, and indictable before the court of + sessions, he is sure to employ the extraordinary right which the law gives + him against the township. Thus by threatening the officer, the court of + sessions exacts compliance from the town. See the act of 5th March, 1787; + laws of Massachusetts, vol. 1., p. 305. + </p> + <p> + {89} Laws of Massachusetts, vol. 2., p. 45. + </p> + <p> + {90} If, for instance, a township persists in refusing to name its + assessors, the court of sessions nominates them; and the magistrates thus + appointed are invested with the same authority as elected officers See the + act quoted above, 20th February, 1787. + </p> + <p> + {91} I say the court of sessions, because in common courts there is a + magistrate who exercises some of the functions of a public prosecutor. + </p> + <p> + {92} The grand-jurors are, for instance, bound to inform the court of the + bad state of the roads. Laws of Massachusetts, vol. i., p. 308. + </p> + <p> + {93} If, for instance, the treasurer of the county holds back his account. + Laws of Massachusetts, vol. i., p. 406. + </p> + <p> + {94} Thus, if a private individual breaks down or is wounded in + consequence of the badness of a road, he can sue the township or the + county for damages at the sessions. Laws of Massachusetts, vol. i., p. + 309. + </p> + <p> + {95} In cases of invasion or insurrection, if the town officers neglect to + furnish the necessary stores and ammunition for the militia, the township + may be condemned to a fine of from two to five hundred dollars. It may + readily be imagined that in such a case it might happen that no one cared + to prosecute: hence the law adds that all the citizens may indict offences + of this kind, and that half the fine shall belong to the plaintiff. See + the act of 6th March, 1810; vol. ii., p. 236. The same clause is + frequently to be met with in the laws of Massachusetts. Not only are + private individuals thus incited to prosecute public officers, but the + public officers are encouraged in the same manner to bring the + disobedience of private individuals to justice. If a citizen refuses to + perform the work which has been assigned to him upon a road, the + road-surveyor may prosecute him, and he receives half the penalty for + himself. See the laws above quoted, vol. i., p. 308. + </p> + <p> + {96} For details, see Revised Statutes of the state of New York, part I, + chap, xi., vol. i., pp. 336-364, entitled, "Of the Powers, Duties, and + Privileges of Towns." + </p> + <p> + See in the digest of the laws of Pennsylvania, the words, ASSESSORS, + COLLECTOR, CONSTABLES, OVERSEER OF THE POOR, SUPERVISORS OF HIGHWAYS: and + in the acts of a general nature of the state of Ohio, the act of 25th + February, 1834, relating to townships, p. 412; beside the peculiar + dispositions relating to divers town officers, such as township's clerks, + trustees, overseers of the poor, fence-viewers, appraisers of property, + township's treasurer, constables, supervisors of highways. + </p> + <p> + {97} The author means the state legislature. The congress has no control + over the expenditure of the counties or of the states. + </p> + <p> + {98} See the Revised Statutes of the state of New York, part i., chap. + xi., vol. i., p. 410. <i>Idem</i>, chap, xii., p. 366: also in the acts of + the state of Ohio, an act relating to county commissioners, 26th February, + 1824, p. 263. See the Digest of the Laws of Pennsylvania, at the words, + COUNTY-RATES AND LEVIES, p. 170. + </p> + <p> + In the state of New York, each township elects a representative, who has a + share in the administration of the county as well as in that of the + township. + </p> + <p> + {99} In some of the southern states the county-courts are charged with all + the details of the administration. See the Statutes of the State of + Tennessee, <i>arts.</i> JUDICIARY, TAXES, &c. + </p> + <p> + {100} For instance, the direction of public instruction centres in the + hands of the government. The legislature names the members of the + university, who are denominated regents; the governor and + lieutenant-governor of the state are necessarily of the number. Revised + Statutes, vol. i., p. 455. The regents of the university annually visit + the colleges and academies, and make their report to the legislature. + Their superintendence is not inefficient, for several reasons: the + colleges in order to become corporations stand in need of a charter, which + is only granted on the recommendation of the regents: every year funds are + distributed by the state for the encouragement of learning, and the + regents are the distributors of this money. See chap. xv., "Public + Instruction," Revised Statutes, vol i., p. 455. + </p> + <p> + The school commissioners are obliged to send an annual report to the + superintendent of the state. <i>Idem</i>, p. 448. + </p> + <p> + A similar report is annually made to the same person on the number and + condition of the poor. <i>Idem</i>, p. 631. + </p> + <p> + {101} If any one conceives himself to be wronged by the school + commissioners (who are town-officers), he can appeal to the superintendent + of the primary schools, whose decision is final. Revised Statutes, vol. + i., p. 487. + </p> + <p> + Provisions similar to those above cited are to be met with from time to + time in the laws of the state of New York: but in general these attempts + at centralisation are weak and unproductive. The great authorities of the + state have the right of watching and controlling the subordinate agents, + without that of rewarding or punishing them. The same individual is never + empowered to give an order and to punish disobedience; he has therefore + the right of commanding, without the means of exacting compliance. In 1830 + the superintendent of schools complained in his annual report addressed to + the legislature, that several school commissioners had neglected, + notwithstanding his application, to furnish him with the accounts which + were due. He added, that if this omission continued, he should be obliged + to prosecute them, as the law directs, before the proper tribunals. + </p> + <p> + {102} Thus the district-attorney is directed to recover all fines, unless + such a right has been specially awarded to another magistrate. Revised + Statutes, vol. i., p. 383. + </p> + <p> + {103} Several traces of centralisation may be discovered in Massachusetts, + for instance, the committees of the town-schools are directed to make an + annual report to the secretary of state. See Laws of Massachusetts, vol. + i., p. 367. + </p> + <p> + {104} See the constitution of New York. + </p> + <p> + {105} In Massachusetts the Senate is not invested with any administrative + functions. + </p> + <p> + {106} As in the state of New York. + </p> + <p> + {107} Practically speaking, it is not always the governor who executes the + plans of the legislature; it often happens that the latter, in voting a + measure, names special agents to superintend the execution of it. + </p> + <p> + {108} In some of the states the Justices of the peace are not nominated by + the governor. + </p> + <p> + {109} The authority which represents the state ought not, I think, to + waive the right of inspecting the local administration, even when it does + not interfere more actively. Suppose, for instance, that an agent of the + government was stationed at some appointed spot, in the county, to + prosecute the misdemeanors of the town and county officers, would not a + more uniform order be the result, without in any way compromising the + independence of the township? Nothing of the kind, however, exists in + America; there is nothing above the county courts, which have, as it were, + only an accidental cognizance of the offences they are meant to repress. + </p> + <p> + {This note seems to have been written without reference to the provision + existing, it is believed in every state of the Union, by which a local + officer is appointed in each county, to conduct all public prosecutions at + the expense of the state. And in each county, a grand-jury is assembled + three or four times at least in every year, to which all who are aggrieved + have free access, and where every complaint, particularly those against + public officers, which has the least color of truth, is sure to be heard + and investigated. + </p> + <p> + Such an agent as the author suggests would soon come to be considered a + public informer, the most odious of all characters in the United States; + and he would lose all efficiency and strength. With the provision above + mentioned, there is little danger that a citizen, oppressed by a public + officer, would find any difficulty in becoming his own informer, and + inducing a rigid inquiry into the alleged misconduct.—<i>American + Editor</i>.} + </p> + <p> + {110} China appears to me to present the most perfect instance of that + species of well-being which a completely central administration may + furnish to the nations among which it exists. Travellers assure us that + the Chinese have peace without happiness, industry without improvement, + stability without strength, and public order without public morality. The + condition of society is always tolerable, never excellent. I am convinced + that, when China is opened to European observation, it will be found to + contain the most perfect model of a central administration which exists in + the universe. + </p> + <p> + {111} A writer of talent, who, in the comparison which he has drawn + between the finances of France and those of the United States, has proved + that ingenuity cannot always supply the place of a knowledge of facts, + very justly reproaches the Americans for the sort of confusion which + exists in the accounts of the expenditure in the townships; and after + giving the model of a departmental budget in France, he adds: "We are + indebted to centralisation, that admirable invention of a great man, for + the uniform order and method which prevail alike in all the municipal + budgets, from the largest town to the humblest commune." Whatever may be + my admiration of this result, when I see the communes of France, with + their excellent system of accounts, plunged in the grossest ignorance of + their true interests, and abandoned to so incorrigible an apathy that they + seem to vegetate rather than to live; when, on the other hand, I observe + the activity, the information, and the spirit of enterprise which keeps + society in perpetual labor, in those American townships whose budgets are + drawn up with small method and with still less uniformity, I am struck by + the spectacle; for to my mind the end of a good government is to ensure + the welfare of a people, and not to establish order and regularity in the + midst of its misery and its distress. I am therefore led to suppose that + the prosperity of the American townships and the apparent confusion of + their accounts, the distress of the French communes and the perfection of + their budget, may be attributable to the same cause. At any rate I am + suspicious of a benefit which is united to so many evils, and I am not + averse to an evil which is compensated by so many benefits. + </p> + <p> + {112} See Appendix I. + </p> + <p> + {113} See Appendix K. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0006" id="link2HCH0006"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER VI. + </h2> + <p> + JUDICIAL POWER IN THE UNITED STATES, AND ITS INFLUENCE ON POLITICAL + SOCIETY. + </p> + <p> + The Anglo-Americans have retained the Characteristics of judicial Power + which are common to all Nations.—They have, however, made it a + powerful political Organ.—How.—In what the judicial System of + the Anglo-Americans differs from that of all other Nations.—Why the + American Judges have the right of declaring the Laws to be + Unconstitutional.—How they use this Right.—Precautions taken + by the Legislator to prevent its abuse. + </p> + <p> + I have thought it essential to devote a separate chapter to the judicial + authorities of the United States, lest their great political importance + should be lessened in the reader's eyes by a merely incidental mention of + them. Confederations have existed in other countries beside America; and + republics have not been established on the shores of the New World alone: + the representative system of government has been adopted in several states + of Europe; but I am not aware that any nation of the globe has hitherto + organized a judicial power on the principle adopted by the Americans. The + judicial organization of the United States is the institution which the + stranger has the greatest difficulty in understanding. He hears the + authority of a judge invoked in the political occurrences of every day, + and he naturally concludes that in the United States the judges are + important political functionaries: nevertheless, when he examines the + nature of the tribunals, they offer nothing which is contrary to the usual + habits and privileges of those bodies; and the magistrates seem to him to + interfere in public affairs by chance, but by a chance which recurs every + day. + </p> + <p> + When the Parliament of Paris remonstrated, or refused to enregister an + edict, or when it summoned a functionary accused of malversation to its + bar, its political influence as a judicial body was clearly visible; but + nothing of the kind is to be seen in the United States. The Americans have + retained all the ordinary characteristics of judicial authority, and have + carefully restricted its action to the ordinary circle of its functions. + </p> + <p> + The first characteristic of judicial power in all nations is the duty of + arbitration. But rights must be contested in order to warrant the + interference of a tribunal; and an action must be brought to obtain the + decision of a judge. As long, therefore, as a law is uncontested, the + judicial authority is not called upon to discuss it, and it may exist + without being perceived. When a judge in a given case attacks a law + relating to that case, he extends the circle of his customary duties, + without, however, stepping beyond it; since he is in some measure obliged + to decide upon the law, in order to decide the case. But if he pronounces + upon a law without resting upon a case, he clearly steps beyond his + sphere, and invades that of the legislative authority. + </p> + <p> + The second characteristic of judicial power is, that it pronounces on + special cases, and not upon general principles. If a judge, in deciding a + particular point, destroys a general principle, by passing a judgment + which tends to reject all the inferences from that principle, and + consequently to annul it, he remains within the ordinary limits of his + functions. But if he directly attacks a general principle without having a + particular case in view, he leaves the circle in which all nations have + agreed to confine his authority; he assumes a more important, and perhaps + a more useful influence than that of the magistrate, but he ceases to + represent the judicial power. + </p> + <p> + The third characteristic of the judicial power is its inability to act + unless it is appealed to, or until it has taken cognizance of an affair. + This characteristic is less general than the other two; but + notwithstanding the exceptions, I think it may be regarded as essential. + The judicial power is by its nature devoid of action; it must be put in + motion in order to produce a result. When it is called upon to repress a + crime, it punishes the criminal; when a wrong is to be redressed, it is + ready to redress it; when an act requires interpretation, it is prepared + to interpret it; but it does not pursue criminals, hunt out wrongs, or + examine into evidence of its own accord. A judicial functionary who should + open proceedings, and usurp the censorship of the laws, would in some + measure do violence to the passive nature of his authority. + </p> + <p> + The Americans have retained these three distinguishing characteristics of + the judicial power; an American judge can only pronounce a decision when + litigation has arisen, he is only conversant with special cases, and he + cannot act until the cause has been duly brought before the court. His + position is therefore perfectly similar to that of the magistrate of other + nations; and he is nevertheless invested with immense political power. If + the sphere of his authority and his means of action are the same as those + of other judges, it may be asked whence he derives a power which they do + not possess. The cause of this difference lies in the simple fact that the + Americans have acknowledged the right of the judges to found their + decisions on the constitution, rather than on the laws. In other words, + they have left them at liberty not to apply such laws as may appear to + them to be unconstitutional. + </p> + <p> + I am aware that a similar right has been claimed—but claimed in vain—by + courts of justice in other countries; but in America it is recognized by + all the authorities; and not a party, nor so much as an individual, is + found to contest it. This fact can only be explained by the principles of + the American constitution. In France the constitution is (or at least is + supposed to be) immutable; and the received theory is that no power has + the right of changing any part of it. In England, the parliament has an + acknowledged right to modify the constitution: as, therefore, the + constitution may undergo perpetual changes, it does not in reality exist; + the parliament is at once a legislative and a constituent assembly. The + political theories of America are more simple and more rational. An + American constitution is not supposed to be immutable as in France; nor is + it susceptible of modification by the ordinary powers of society as in + England. It constitutes a detached whole, which, as it represents the + determination of the whole people, is no less binding on the legislator + than on the private citizen, but which may be altered by the will of the + people in predetermined cases, according to established rules. In America + the constitution may, therefore, vary, but as long as it exists it is the + origin of all authority, and the sole vehicle of the predominating + force.{114} + </p> + <p> + It is easy to perceive in what manner these differences must act upon the + position and the rights of the judicial bodies in the three countries I + have cited. If in France the tribunals were authorized to disobey the laws + on the ground of their being opposed to the constitution, the supreme + power would in fact be placed in their hands, since they alone would have + the right of interpreting a constitution, the clauses of which can be + modified by no authority. They would, therefore, take the place of the + nation, and exercise as absolute a sway over society as the inherent + weakness of judicial power would allow them to do. Undoubtedly, as the + French judges are incompetent to declare a law to be unconstitutional, the + power of changing the constitution is indirectly given to the legislative + body, since no legal barrier would oppose the alterations which it might + prescribe. But it is better to grant the power of changing the + constitution of the people to men who represent (however imperfectly) the + will of the people, than to men who represent no one but themselves. + </p> + <p> + It would be still more unreasonable to invest the English judges with the + right of resisting the decisions of the legislative body, since the + parliament which makes the laws also makes the constitution; and + consequently a law emanating from the three powers of the state can in no + case be unconstitutional. But neither of these remarks is applicable to + America.{115} + </p> + <p> + In the United States the constitution governs the legislator as much as + the private citizen: as it is the first of laws, it cannot be modified by + a law; and it is therefore just that the tribunals should obey the + constitution in preference to any law. This condition is essential to the + power of the judicature; for to select that legal obligation by which he + is most strictly bound, is the natural right of every magistrate. + </p> + <p> + In France the constitution is also the first of laws, and the judges have + the same right to take it as the ground of their decisions; but were they + to exercise this right, they must perforce encroach on rights more sacred + than their own, namely, on those of society, in whose name they are + acting. In this case the state motive clearly prevails over the motives of + an individual. In America, where the nation can always reduce its + magistrates to obedience by changing its constitution, no danger of this + kind is to be feared. Upon this point therefore the political and the + logical reason agree, and the people as well as the judges preserve their + privileges. + </p> + <p> + Whenever a law which the judge holds to be unconstitutional is argued in a + tribunal of the United States, he may refuse to admit it as a rule; this + power is the only one which is peculiar to the American magistrate, but it + gives rise to immense political influence. Few laws can escape the + searching analysis; for there are few which are not prejudicial to some + private interest or other, and none which may not be brought before a + court of justice by the choice of parties, or by the necessity of the + case. But from the time that a judge has refused to apply any given law in + a case, that law loses a portion of its moral sanction. The persons to + whose interest it is prejudicial, learn that means exist of evading its + authority; and similar suits are multiplied, until it becomes powerless. + One of two alternatives must then be resorted to: the people must alter + the constitution, or the legislature must repeal the law. + </p> + <p> + The political power which the Americans have intrusted to their courts of + justice is therefore immense; but the evils of this power are considerably + diminished, by the obligation which has been imposed of attacking the laws + through the courts of justice alone. If the judge had been empowered to + contest the laws on the ground of theoretical generalities; if he had been + enabled to open an attack or to pass a censure on the legislator, he would + have played a prominent part in the political sphere; and as the champion + or the antagonist of a party, he would have arrayed the hostile passions + of the nation in the conflict. But when a judge contests a law, applied to + some particular case in an obscure proceeding, the importance of his + attack is concealed from the public gaze; his decision bears upon the + interest of an individual, and if the law is slighted, it is only + collaterally. Moreover, although it be censured, it is not abolished; its + moral force may be diminished, but its cogency is by no means suspended; + and its final destruction can only be accomplished by the reiterated + attacks of judicial functionaries. It will readily be understood that by + connecting the censorship of the laws with the private interests of + members of the community, and by intimately uniting the prosecution of the + law with the prosecution of an individual, the legislation is protected + from wanton assailants, and from the daily aggressions of party spirit. + The errors of the legislator are exposed whenever their evil consequences + are most felt; and it is always a positive and appreciable fact which + serves as the basis of a prosecution. + </p> + <p> + I am inclined to believe this practice of the American courts to be at + once the most favorable to liberty as well as to public order. If the + judge could only attack the legislator openly and directly, he would + sometimes be afraid to oppose any resistance to his will; and at other + moments party spirit might encourage him to brave it every day. The laws + would consequently be attacked when the power from which they emanate is + weak, and obeyed when it is strong. That is to say, when it would be + useful to respect them, they would be contested; and when it would be easy + to convert them into an instrument of oppression, they would be respected. + But the American judge is brought into the political arena independently + of his own will. He only judges the law because he is obliged to judge a + case. The political question which he is called upon to resolve is + connected with the interest of the parties, and he cannot refuse to decide + it without abdicating the duties of his post. He performs his functions as + a citizen by fulfilling the strict duties which belong to his profession + as a magistrate. It is true that upon this system the judicial censorship + which is exercised by the courts of justice over the legislation cannot + extend to all laws indiscriminately, inasmuch as some of them can never + give rise to that precise species of contestation which is termed a + lawsuit; and even when such a contestation is possible, it may happen that + no one cares to bring it before a court of justice. The Americans have + often felt this disadvantage, but they have left the remedy incomplete, + lest they should give it efficacy which in some cases might prove + dangerous. Within these limits, the power vested in the American courts of + justice of pronouncing a statute to be unconstitutional, forms one of the + most powerful barriers which have ever been devised against the tyranny of + political assemblies. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + OTHER POWERS GRANTED TO THE AMERICAN JUDGES. + </h3> + <p> + In the United States all the Citizens have the Right of indicting the + public Functionaries before the ordinary Tribunals.—How they use + this Right.—Art. 75 of the An VIII.—The Americans and the + English cannot understand the Purport of this Clause. + </p> + <p> + It is perfectly natural that in a free country like America all the + citizens should have the right of indicting public functionaries before + the ordinary tribunals, and that all the judges should have the power of + punishing public offences. The right granted to the courts of justice, of + judging the agents of the executive government, when they have violated + the laws, is so natural a one that it cannot be looked upon as an + extraordinary privilege. Nor do the springs of government appear to me to + be weakened in the United States by the custom which renders all public + officers responsible to the judges of the land. The Americans seem, on the + contrary, to have increased by this means that respect which is due to the + authorities, and at the same time to have rendered those who are in power + more scrupulous of offending public opinion. I was struck by the small + number of political trials which occur in the United States; but I have no + difficulty in accounting for this circumstance. A lawsuit, of whatever + nature it may be, is always a difficult and expensive undertaking. It is + easy to attack a public man in a journal, but the motives which can + warrant an action at law must be serious. A solid ground of complaint must + therefore exist, to induce an individual to prosecute a public officer, + and public officers careful not to furnish these grounds of complaint, + when they are afraid of being prosecuted. + </p> + <p> + This does not depend upon the republican form of the American + institutions, for the same facts present themselves in England. These two + nations do not regard the impeachment of the principal officers of state + as a sufficient guarantee of their independence. But they hold that the + right of minor prosecutions, which are within the reach of the whole + community, is a better pledge of freedom than those great judicial actions + which are rarely employed until it is too late. + </p> + <p> + In the middle ages, when it was very difficult to overtake offenders, the + judges inflicted the most dreadful tortures on the few who were arrested, + which by no means diminished the number of crimes. It has since been + discovered that when justice is more certain and more mild, it is at the + same time more efficacious. The English and the Americans hold that + tyranny and oppression are to be treated like any other crime, by + lessening the penalty and facilitating conviction. + </p> + <p> + In the year VIII. of the French republic, a constitution was drawn up in + which the following clause was introduced: "Art. 75. All the agents of the + government below the rank of ministers can only be prosecuted for offences + relating to their several functions by virtue of a decree of the conseil + d'etat; in which case the prosecution takes place before the ordinary + tribunals." This clause survived the "Constitution de l'an VIII.," and it + is still maintained in spite of the just complaints of the nation. I have + always found the utmost difficulty in explaining its meaning to Englishmen + or Americans. They were at once led to conclude that the conseil d'etat in + France was a great tribunal, established in the centre of the kingdom, + which exercised a preliminary and somewhat tyrannical jurisdiction in all + political causes. But when I told them that the conseil d'etat was not a + judicial body, in the common sense of the term, but an administrative + council composed of men dependent on the crown—so that the king, + after having ordered one of his servants, called a prefect, to commit an + injustice, has the power of commanding another of his servants, called a + councillor of state, to prevent the former from being punished—when + I demonstrated to them that the citizen who had been injured by the order + of the sovereign is obliged to solicit from the sovereign permission to + obtain redress, they refused to credit so flagrant an abuse, and were + tempted to accuse me of falsehood or of ignorance. It frequently happened + before the revolution that a parliament issued a warrant against a public + officer who had committed an offence; and sometimes the proceedings were + annulled by the authority of the crown. Despotism then displayed itself + openly, and obedience was extorted by force. We have then retrograded from + the point which our forefathers had reached, since we allow things to pass + under the color of justice and the sanction of the law, which violence + alone could impose upon them. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {114} See Appendix L. + </p> + <p> + {115} See Appendix M. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0007" id="link2HCH0007"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER VII. + </h2> + <h3> + POLITICAL JURISDICTION IN THE UNITED STATES. + </h3> + <p> + Definition of political Jurisdiction.—What is understood by + political Jurisdiction in France, in England, and in the United States.—In + America the political Judge can only pass Sentence on public Officers.—He + more frequently passes a Sentence of Removal from Office than a Penalty.—Political + Jurisdiction, as it Exists in the United States, is, notwithstanding its + Mildness, and perhaps in Consequence of that Mildness, a most powerful + Instrument in the Hands of the Majority. + </p> + <p> + I understand, by political jurisdiction, that temporary right of + pronouncing a legal decision with which a political body may be invested. + </p> + <p> + In absolute governments no utility can accrue from the introduction of + extraordinary forms of procedure; the prince, in whose name an offender is + prosecuted, is as much the sovereign of the courts of justice as of + everything else, and the idea which is entertained of his power is of + itself a sufficient security. The only thing he has to fear is, that the + external formalities of justice may be neglected, and that his authority + may be dishonored, from a wish to render it more absolute. But in most + free countries, in which the majority can never exercise the same + influence upon the tribunals as an absolute monarch, the judicial power + has occasionally been vested for a time in the representatives of society. + It has been thought better to introduce a temporary confusion between the + functions of the different authorities, than to violate the necessary + principle of the unity of government. + </p> + <p> + England, France, and the United States, have established this political + jurisdiction in their laws; and it is curious to examine the different use + which these three great nations have made of the principle. In England and + in France the house of lords and the chambre des pairs constitute the + highest criminal court of their respective nations; and although they do + not habitually try all political offences, they are competent to try them + all. Another political body enjoys the right of impeachment before the + house of lords: the only difference which exists between the two countries + in this respect is, that in England the commons may impeach whomsoever + they please before the lords, while in France the deputies can only employ + this mode of prosecution against the ministers of the crown. + </p> + <p> + In both countries the upper house make use of all the existing penal laws + of the nation to punish the delinquents. + </p> + <p> + In the United States, as well as in Europe, one branch of the legislature + is authorized to impeach, and another to judge: the house of + representatives arraigns the offender, and the senate awards his sentence. + But the senate can only try such persons as are brought before it by the + house of representatives, and those persons must belong to the class of + public functionaries. Thus the jurisdiction of the senate is less + extensive than that of the peers of France, while the right of impeachment + by the representatives is more general than that of the deputies. But the + great difference which exists between Europe and America is, that in + Europe political tribunals are empowered to inflict all the dispositions + of the penal code, while in America, when they have deprived the offender + of his official rank, and have declared him incapable of filling any + political office for the future, their jurisdiction terminates and that of + the ordinary tribunals begins. + </p> + <p> + Suppose, for instance, that the president of the United States has + committed the crime of high treason; the house of representatives + impeaches him, and the senate degrades him; he must then be tried by a + jury, which alone can deprive him of his liberty or his life. This + accurately illustrates the subject we are treating. The political + jurisdiction which is established by the laws of Europe is intended to try + great offenders, whatever may be their birth, their rank, or their powers + in the state; and to this end all the privileges of the courts of justice + are temporarily extended to a great political assembly. The legislator is + then transformed into a magistrate: he is called upon to admit, to + distinguish, and to punish the offence; and as he exercises all the + authority of a judge, the law restricts him to the observance of all the + duties of that high office, and of all the formalities of justice. When a + public functionary is impeached before an English or a French political + tribunal, and is found guilty, the sentence deprives him <i>ipso facto</i> + of his functions, and it may pronounce him to be incapable of resuming + them or any others for the future. But in this case the political + interdict is a consequence of the sentence, and not the sentence itself. + In Europe the sentence of a political tribunal is therefore to be regarded + as a judicial verdict, rather than as an administrative measure. In the + United States the contrary takes place; and although the decision of the + senate is judicial in its form, since the senators are obliged to comply + with the practices and formalities of a court of justice; although it is + judicial in respect to the motives on which it is founded, since the + senate is in general obliged to take an offence at common law as the basis + of its sentence; nevertheless the object of the proceeding is purely + administrative. + </p> + <p> + If it had been the intention of the American legislator to invest a + political body with great judicial authority, its action would not have + been limited to the circle of public functionaries, since the most + dangerous enemies of the state may be in the possession of no functions at + all; and this is especially true in republics, where party favor is the + first of authorities, and where the strength of many a leader is increased + by his exercising no legal power. If it had been the intention of the + American legislator to give society the means of repressing state offences + by exemplary punishment, according to the practice of ordinary judgment, + the resources of the penal code would all have been placed at the disposal + of the political tribunals. But the weapon with which they are intrusted + is an imperfect one, and it can never reach the most dangerous offenders; + since men who aim at the entire subversion of the laws are not likely to + murmur at a political interdict. + </p> + <p> + The main object of the political jurisdiction which obtains in the United + States is, therefore, to deprive the citizen of an authority which he has + used amiss, and to prevent him from ever acquiring it again. This is + evidently an administrative measure sanctioned by the formalities of + judicial investigation. In this matter the Americans have created a mixed + system: they have surrounded the act which removes a public functionary + with the securities of a political trial; and they have deprived all + political condemnations of their severest penalties. Every link of the + system may easily be traced from this point; we at once perceive why the + American constitutions subject all the civil functionaries to the + jurisdiction of the senate, while the military, whose crimes are + nevertheless more formidable, are exempt from that tribunal. In the civil + service none of the American functionaries can be said to be removeable; + the places which some of them occupy are inalienable, and the others + derive their rights from a power which cannot be abrogated. It is + therefore necessary to try them all in order to deprive them of their + authority. But military officers are dependent on the chief magistrate of + the state, who is himself a civil functionary; and the decision which + condemns him is a blow upon them all. + </p> + <p> + If we now compare the American and European systems, we shall meet with + differences no less striking in the different effects which each of them + produces or may produce. In France and in England the jurisdiction of + political bodies is looked upon as an extraordinary resource, which is + only to be employed in order to rescue society from unwonted dangers. It + is not to be denied that these tribunals, as they are constituted in + Europe, are apt to violate the conservative principle of the balance of + power in the state, and to threaten incessantly the lives and liberties of + the subject. The same political jurisdiction in the United States is only + indirectly hostile to the balance of power; it cannot menace the lives of + the citizens, and it does not hover, as in Europe, over the heads of the + community, since those only who have before-hand submitted to its + authority upon accepting office are exposed to its severity. It is at the + same time less formidable and less efficacious; indeed, it has not been + considered by the legislators of the United States as a remedy for the + more violent evils of society, but as an ordinary means of conducting the + government. In this respect it probably exercises more real influence on + the social body in America than in Europe. We must not be misled by the + apparent mildness of the American Legislation in all that relates to + political jurisdiction. It is to be observed, in the first place, that in + the United States the tribunal which passes sentence is composed of the + same elements, and subject to the same influences, as the body which + impeaches the offender, and that this uniformity gives an almost + irresistible impulse to the vindictive passions of parties. If political + judges in the United States cannot inflict such heavy penalties as those + of Europe, there is the less chance of their acquitting a prisoner; and + the conviction, if it is less formidable, is more certain. The principal + object of the political tribunals of Europe is to punish the offender; the + purpose of those in America is to deprive him of his authority. A + political condemnation in the United States may, therefore, be looked upon + as a preventive measure; and there is no reason for restricting the judges + to the exact definitions of criminal law. Nothing can be more alarming + than the excessive latitude with which political offences are described in + the laws of America. Article II., section iv., of the constitution of the + United States runs thus: "The president, vice-president, and all the civil + officers of the United States shall be removed from office on impeachment + for, and conviction of, treason, bribery, <i>or other high crimes and + misdemeanors</i>." Many of the constitutions of the states are even less + explicit. "Public officers," says the constitution of Massachusetts,{116} + "shall be impeached for misconduct or mal-administration." The + constitution of Virginia declares that all the civil officers who shall + have offended against the state by mal-administration, corruption, or + other high crimes, may be impeached by the house of delegates: in some + constitutions no offences are specified, in order to subject the public + functionaries to an unlimited responsibility.{117} But I will venture to + affirm, that it is precisely their mildness which renders the American + laws most formidable in this respect. We have shown that in Europe the + removal of a functionary and his political interdiction are consequences + of the penalty he is to undergo, and that in America they constitute the + penalty itself. The result is, that in Europe political tribunals are + invested with rights which they are afraid to use, and that the fear of + punishing too much hinders them from punishing at all. But in America no + one hesitates to inflict a penalty from which humanity does not recoil. To + condemn a political opponent to death, in order to deprive him of his + power, is to commit what all the world would execrate as a horrible + assassination; but to declare that opponent unworthy to exercise that + authority, to deprive him of it, and to leave him uninjured in life and + liberty, may appear to be the fair issue of the struggle. But this + sentence, which is so easy to pronounce, is not the less fatally severe to + the majority of those upon whom it is inflicted. Great criminals may + undoubtedly brave its intangible rigor, but ordinary offenders will dread + it as a condemnation which destroys their position in the world, casts a + blight upon their honor, and condemns them to a shameful inactivity worse + than death. The influence exercised in the United States upon the progress + of society by the jurisdiction of political bodies may not appear to be + formidable, but it is only the more immense. It does not act directly upon + the governed, but it renders the majority more absolute over those who + govern; it does not confer an unbounded authority on the legislator which + can only be exerted at some momentous crisis, but it establishes a + temperate and regular influence, which is at all times available. If the + power is decreased, it can, on the other hand, be more conveniently + employed, and more easily abused. By preventing political tribunals from + inflicting judicial punishments, the Americans seem to have eluded the + worst consequences of legislative tyranny, rather than tyranny itself; and + I am not sure that political jurisdiction, as it is constituted in the + United States, is not the most formidable which has ever been placed in + the rude grasp of a popular majority. When the American republics begin to + degenerate, it will be easy to verify the truth of this observation, by + remarking whether the number of political impeachments augments.{118} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {116} Chapter I., sect. ii., § 8. + </p> + <p> + {117} See the constitutions of Illinois, Maine, Connecticut, and Georgia. + </p> + <p> + {118} See Appendix N. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0008" id="link2HCH0008"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER VIII. + </h2> + <h3> + THE FEDERAL CONSTITUTION. + </h3> + <p> + I have hitherto considered each state as a separate whole, and I have + explained the different springs which the people sets in motion, and the + different means of action which it employs. But all the states which I + have considered as independent are forced to submit, in certain cases, to + the supreme authority of the Union. The time is now come for me to examine + the partial sovereignty which has been conceded to the Union, and to cast + a rapid glance over the federal constitution.{119} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + HISTORY OF THE FEDERAL CONSTITUTION. + </h3> + <p> + Origin of the first Union.—Its Weakness.—Congress appeals to + the constituent Authority.—Interval of two Years between the Appeal + and the Promulgation of the new Constitution. + </p> + <p> + The thirteen colonies which simultaneously threw off the yoke of England + toward the end of the last century, possessed, as I have already observed, + the same religion, the same language, the same customs, and almost the + same laws; they were struggling against a common enemy; and these reasons + were sufficiently strong to unite them one to another, and to consolidate + them into one nation. But as each of them had enjoyed a separate + existence, and a government within its own control, the peculiar interests + and customs which resulted from this system, were opposed to a compact and + intimate union, which would have absorbed the individual importance of + each in the general importance of all. Hence arose two opposite + tendencies, the one prompting the Anglo-Americans to unite, the other to + divide their strength. As long as the war with the mother-country lasted, + the principle of union was kept alive by necessity; and although the laws + which constituted it were defective, the common tie subsisted in spite of + their imperfections.{120} But no sooner was peace concluded than the + faults of the legislation became manifest, and the state seemed to be + suddenly dissolved. Each colony became an independent republic, and + assumed an absolute sovereignty. The federal government, condemned to + impotence by its constitution, and no longer sustained by the presence of + a common danger, saw the outrages offered to its flag by the great nations + of Europe, while it was scarcely able to maintain its ground against the + Indian tribes, and to pay the interest of the debt which had been + contracted during the war of independence. It was already on the verge of + destruction, when it officially proclaimed its inability to conduct the + government, and appealed to the constituent authority of the nation.{121} + </p> + <p> + If America ever approached (for however brief a time) that lofty pinnacle + of glory to which the proud fancy of its inhabitants is wont to point, it + was at the solemn moment at which the power of the nation abdicated, as it + were, the empire of the land. All ages have furnished the spectacle of a + people struggling with energy to win its independence; and the efforts of + the Americans in throwing off the English yoke have been considerably + exaggerated. Separated from their enemies by three thousand miles of + ocean, and backed by a powerful ally, the success of the United States may + be more justly attributed to their geographical position, than to the + valor of their armies or the patriotism of their citizens. It would be + ridiculous to compare the American war to the wars of the French + revolution, or the efforts of the Americans to those of the French, who, + when they were attacked by the whole of Europe, without credit and without + allies, were still capable of opposing a twentieth part of their + population to their foes, and of bearing the torch of revolution beyond + their frontiers while they stifled its devouring flame within the bosom of + their country. But it is a novelty in the history of society to see a + great people turn a calm and scrutinizing eye upon itself when apprised by + the legislature that the wheels of government had stopped; to see it + carefully examine the extent of the evil, and patiently wait for two whole + years until a remedy was discovered, which it voluntarily adopted without + having wrung a tear or a drop of blood from mankind. At the time when the + inadequacy of the first constitution was discovered, America possessed the + double advantage of that calm which had succeeded the effervescence of the + revolution, and of those great men who had led the revolution to a + successful issue. The assembly which accepted the task of composing the + second constitution was small;{122} but George Washington was its + president, and it contained the choicest talents and the noblest hearts + which had ever appeared in the New World. This national commission, after + long and mature deliberation, offered to the acceptance of the people the + body of general laws which still rules the Union. All the states adopted + it successively.{123} The new federal government commenced its functions + in 1789, after an interregnum of two years. The revolution of America + terminated when that of France began. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> <br /><br /> + </p> + + <h3> + SUMMARY OF THE FEDERAL CONSTITUTION. + </h3> + <p> + Division of Authority between the Federal Government and the States.—The + Government of the States is the Rule: the Federal Government the + Exception. + </p> + <p> + The first question which awaited the Americans was intricate, and by no + means easy of solution; the object was so to divide the authority of the + different states which composed the Union, that each of them should + continue to govern itself in all that concerned its internal prosperity, + while the entire nation, represented by the Union, should continue to form + a compact body, and to provide for the exigencies of the people. It was as + impossible to determine beforehand, with any degree of accuracy, the share + of authority which each of the two governments was to enjoy, as to foresee + all the incidents in the existence of a nation. + </p> + <p> + The obligations and the claims of the federal government were simple and + easily definable, because the Union had been formed with the express + purpose of meeting the general exigencies of the people; but the claims + and obligations of the states were, on the other hand, complicated and + various, because those governments penetrated into all the details of + social life. The attributes of the federal government were, therefore, + carefully enumerated, and all that was not included among them was + declared to constitute a part of the privileges of the several governments + of the states. Thus the government of the states remained the rule, and + that of the confederation became the exception.{124} + </p> + <p> + But as it was foreseen, that, in practice, questions might arise as to the + exact limits of this exceptional authority, and that it would be dangerous + to submit these questions to the decision of the ordinary courts of + justice, established in the states by the states themselves, a high + federal court was created,{125} which was destined, among other functions, + to maintain the balance of power which had been established by the + constitution between the two rival governments.{126} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + PREROGATIVE OF THE FEDERAL GOVERNMENT. + </h3> + <p> + Power of declaring War, making Peace, and levying general Taxes vested in + the Federal Government.—What Part of the internal Policy of the + Country it may direct.—The Government of the Union in some respects + more central than the King's Government in the old French monarchy. + </p> + <p> + The external relations of a people may be compared to those of private + individuals, and they cannot be advantageously maintained without the + agency of the single head of a government. The exclusive right of making + peace and war, of concluding treaties of commerce, of raising armies, and + equipping fleets, was therefore granted to the Union.{127} The necessity + of a national government was less imperiously felt in the conduct of the + internal affairs of society; but there are certain general interests which + can only be attended to with advantage by a general authority. The Union + was invested with the power of controlling the monetary system, of + directing the post-office, and of opening the great roads which were to + establish communication between the different parts of the country.{128} + The independence of the government of each state was formally recognized + in its sphere; nevertheless the federal government was authorized to + interfere in the internal affairs of the states{129} in a few + predetermined cases, in which an indiscreet abuse of their independence + might compromise the security of the Union at large. Thus, while the power + of modifying and changing their legislation at pleasure was preserved in + all the republics, they were forbidden to enact <i>ex post facto</i> laws, + or to create a class of nobles in their community.{130} Lastly, as it was + necessary that the federal government should be able to fulfil its + engagements, it was endowed with an unlimited power of levying taxes.{131} + </p> + <p> + In examining the balance of power as established by the federal + constitution; in remarking on the one hand the portion of sovereignty + which has been reserved to the several states, and on the other the share + of power which the Union has assumed, it is evident that the federal + legislators entertained the clearest and most accurate notions on the + nature of the centralisation of government. The United States form not + only a republic, but a confederation; nevertheless the authority of the + nation is more central than it was in several of the monarchies of Europe + when the American constitution was formed. Take, for instance, the two + following examples:— + </p> + <p> + Thirteen supreme courts of justice existed in France, which, generally + speaking, had the right of interpreting the law without appeal; and those + provinces, styled <i>pays d'etats</i>, were authorized to refuse their + assent to an impost which had been levied by the sovereign who represented + the nation. + </p> + <p> + In the Union there is but one tribunal to interpret, as there is one + legislature to make the laws; and an impost voted by the representatives + of the nation is binding upon all the citizens. + </p> + <p> + In these two essential points, therefore, the Union exercises more central + authority than the French monarchy possessed, although the Union is only + an assemblage of confederate republics. + </p> + <p> + In Spain certain provinces had the right of establishing a system of + customhouse duties peculiar to themselves, although that privilege + belongs, by its very nature, to the national sovereignty. In America the + congress alone has the right of regulating the commercial relations of the + states. The government of the confederation is therefore more centralized + in this respect than the kingdom of Spain. It is true that the power of + the crown in France or in Spain was always able to obtain by force + whatever the constitution of the country denied, and that the ultimate + result was consequently the same; and I am here discussing the theory of + the constitution. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + FEDERAL POWERS. + </h3> + <p> + After having settled the limits within which the federal government was to + act, the next point was to determine the powers which it was to exert. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + LEGISLATIVE POWERS. + </h3> + <p> + Division of the legislative Body into two Branches.—Difference in + the Manner of forming the two Houses.—The Principle of the + Independence of the States predominates in the Formation of the Senate.—The + Principle of the Sovereignty of the Nation in the Composition of the House + of Representatives.—Singular Effects of the Fact that a Constitution + can only be Logical in the early Stages of a Nation. + </p> + <p> + The plan which had been laid down beforehand for the constitution of the + several states was followed, in many points, in the organization of the + powers of the Union. The federal legislature of the Union was composed of + a senate and a house of Representatives. A spirit of conciliation + prescribed the observance of distinct principles in the formation of each + of these two assemblies. I have already shown that two contrary interests + were opposed to each other in the establishment of the federal + constitution. These two interests had given rise to two opinions. It was + the wish of one party to convert the Union into a league of independent + states, or a sort of congress, at which the representatives of the several + peoples would meet to discuss certain points of their common interests. + The other party desired to unite the inhabitants of the American colonies + into one sole nation, and to establish a government, which should act as + the sole representative of the nation, as far as the limited sphere of its + authority would permit. The practical consequences of these two theories + were exceedingly different. + </p> + <p> + The question was, whether a league was to be established instead of a + national government; whether the majority of the states, instead of a + majority of the inhabitants of the Union, was to give the law; for every + state, the small as well as the great, then retained the character of an + independent power, and entered the Union upon a footing of perfect + equality. If, on the contrary, the inhabitants of the United States were + to be considered as belonging to one and the same nation, it was natural + that the majority of the citizens of the Union should prescribe the law. + Of course the lesser states could not subscribe to the application of this + doctrine without, in fact, abdicating their existence in relation to the + sovereignty of the confederation; since they would have passed from the + condition of a co-equal and co-legislative authority, to that of an + insignificant fraction of a great people. The former system would have + invested them with an excessive authority, the latter would have annulled + their influence altogether. Under these circumstances, the result was, + that the strict rules of logic were evaded, as is usually the case when + interests are opposed to arguments. A middle course was hit upon by the + legislators, which brought together by force two systems theoretically + irreconcilable. + </p> + <p> + The principle of the independence of the states prevailed in the formation + of the senate, and that of the sovereignty of the nation predominated in + the composition of the house of representatives. It was decided that each + state should send two senators to congress, and a number of + representatives proportioned to its population.{132} It results from this + arrangement that the state of New York has at the present day forty + representatives, and only two senators; the state of Delaware has two + senators, and only one representative; the state of Delaware is therefore + equal to the state of New York in the senate, while the latter has forty + times the influence of the former in the house of representatives. Thus, + if the minority of the nation preponderates in the senate, it may paralyze + the decisions of the majority represented in the other house, which is + contrary to the spirit of constitutional government. + </p> + <p> + The facts show how rare and how difficult it is rationally and logically + to combine all the several parts of legislation. In the course of time + different interests arise, and different principles are sanctioned by the + same people; and when a general constitution is to be established, these + interests and principles are so many natural obstacles to the rigorous + application of any political system, with all its consequences. The early + stages of national existence are the only periods at which it is possible + to maintain the complete logic of legislation; and when we perceive a + nation in the enjoyment of this advantage, before we hasten to conclude + that it is wise, we should do well to remember that it is young. When the + federal constitution was formed, the interest of independence for the + separate states, and the interest of union for the whole people, were the + only two conflicting interests which existed among the Anglo-Americans; + and a compromise was necessarily made between them. + </p> + <p> + It is, however, just to acknowledge that this part of the constitution has + not hitherto produced those evils which might have been feared. All the + states are young and contiguous; their customs, their ideas, and their + wants, are not dissimilar; and the differences which result from their + size or inferiority do not suffice to set their interests at variance. The + small states have consequently never been induced to league themselves + together in the senate to oppose the designs of the larger ones; and + indeed there is so irresistible an authority in the legitimate expression + of the will of a people, that the senate could offer but a feeble + opposition to the vote of the majority of the house of representatives. + </p> + <p> + It must not be forgotten, on the other hand, that it was not in the power + of the American legislators to reduce to a single nation the people for + whom they were making laws. The object of the federal constitution was not + to destroy the independence of the states, but to restrain it. By + acknowledging the real authority of these secondary communities (and it + was impossible to deprive them of it), they disavowed beforehand the + habitual use of constraint in enforcing the decisions of the majority. + Upon this principle the introduction of the influence of the states into + the mechanism of the federal government was by no means to be wondered at; + since it only attested the existence of an acknowledged power, which was + to be humored, and not forcibly checked. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + A FARTHER DIFFERENCE BETWEEN THE SENATE AND THE HOUSE OF REPRESENTATIVES. + </p> + <p> + The Senate named by the provincial Legislature—the Representatives, + by the People.—Double Election of the Former—Single Election + of the Latter.—Term of the different Offices.—Peculiar + Functions of each House. + </p> + <p> + The senate not only differs from the other house in the principle which it + represents, but also in the mode of its election, in the term for which it + is chosen, and in the nature of its functions. The house of + representatives is named by the people, the senate by the legislators of + each state; the former is directly elected; the latter is elected by an + elected body; the term for which the representatives are chosen is only + two years, that of the senators is six. The functions of the house of + representatives are purely legislative, and the only share it takes in the + judicial power is in the impeachment of public officers. The senate + co-operates in the work of legislation, and tries those political offences + which the house of representatives submits to its decision. It also acts + as the great executive council of the nation; the treaties which are + concluded by the president must be ratified by the senate; and the + appointments he may make must be definitively approved by the same + body.{133} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + THE EXECUTIVE POWER.{134} + </h3> + <p> + Dependence of the President—He is Elective and Responsible.—He + is Free to act in his own Sphere under the Inspection, but not under the + Direction, of the Senate.—His Salary fixed at his Entry into Office.—Suspensive + Veto. + </p> + <p> + The American legislators undertook a difficult task in attempting to + create an executive power dependent on the majority of the people and + nevertheless sufficiently strong to act without restraint in its own + sphere. It was indispensable to the maintenance of the republican form of + government that the representatives of the executive power should be + subject to the will of the nation. + </p> + <p> + The president is an elective magistrate. His honor, his property, his + liberty, and his life, are the securities which the people has for the + temperate use of his power. But in the exercise of his authority he cannot + be said to be perfectly independent; the senate takes cognizance of his + relations with foreign powers, and of the distribution of public + appointments, so that he can neither be bribed, nor can he employ the + means of corruption. The legislators of the Union acknowledged that the + executive power would be incompetent to fulfill its task with dignity and + utility, unless it enjoyed a greater degree of stability and of strength + than had been granted to it in the separate states. + </p> + <p> + The president is chosen for four years, and he may be re-elected; so that + the chances of a prolonged administration may inspire him with hopeful + undertakings for the public good, and with the means of carrying them into + execution. The president was made the sole representative of the executive + power of the Union; and care was taken not to render his decisions + subordinate to the vote of a council—a dangerous measure, which + tends at the same time to clog the action of the government and to + diminish its responsibility. The senate has the right of annulling certain + acts of the president; but it cannot compel him to take any steps, nor + does it participate in the exercise of the executive power. + </p> + <p> + The action of the legislature on the executive power may be direct; and we + have just shown that the Americans carefully obviated this influence; but + it may, on the other hand, be indirect. Public assemblies which have the + power of depriving an officer of state of his salary, encroach upon his + independence; and as they are free to make the laws, it is to be feared + lest they should gradually appropriate to themselves a portion of that + authority which the constitution had vested in his hands. This dependence + of the executive power is one of the defects inherent in republican + constitutions. The Americans have not been able to counteract the tendency + which legislative assemblies have to get possession of the government, but + they have rendered this propensity less irresistible. The salary of the + president is fixed, at the time of his entering upon office, for the whole + period of his magistracy. The president is, moreover, provided with a + suspensive veto, which allows him to oppose the passing of such laws as + might destroy the portion of independence which the constitution awards + him. The struggle between the president and the legislature must always be + an unequal one, since the latter is certain of bearing down all resistance + by persevering in its plans; but the suspensive veto forces it at least to + reconsider the matter, and, if the motion be persisted in, it must then be + backed by a majority of two-thirds of the whole house. The veto is, in + fact, a sort of appeal to the people. The executive power, which, without + this security, might have been secretly oppressed, adopts this means of + pleading its cause and stating its motives. But if the legislature is + certain of overpowering all resistance by persevering in its plans, I + reply, that in the constitutions of all nations, of whatever kind they may + be, a certain point exists at which the legislator is obliged to have + recourse to the good sense and the virtue of his fellow-citizens. This + point is more prominent and more discoverable in republics, while it is + more remote and more carefully concealed in monarchies, but it always + exists somewhere. There is no country in the world in which everything can + be provided for by the laws, or in which political institutions can prove + a substitute for common sense and public morality. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + DIFFERENCE BETWEEN THE POSITION OF THE PRESIDENT OF THE UNITED STATES AND + THAT OF A CONSTITUTIONAL KING OF FRANCE. + </p> + <p> + Executive Power in the United States as Limited and as Partial as the + Supremacy which it Represents.—Executive Power in France as + Universal as the Supremacy it Represents.—The King a Branch of the + Legislature.—The President the mere Executor of the Law.—Other + Differences resulting from the Duration of the two Powers.—The + President checked in the Exercise of the executive Authority.—The + King Independent in its Exercise.—Notwithstanding these + Discrepancies, France is more akin to a Republic than the Union to a + Monarchy.—Comparison of the Number of public Officers depending upon + the executive Power in the two countries. + </p> + <p> + The executive power has so important an influence on the destinies of + nations that I am inclined to pause for an instant at this portion of my + subject, in order more clearly to explain the part it sustains in America. + In order to form an accurate idea of the position of the president of the + United States, it may not be irrelevant to compare it to that of one of + the constitutional kings of Europe. In this comparison I shall pay but + little attention to the external signs of power, which are more apt to + deceive the eye of the observer than to guide his researches. When a + monarchy is being gradually transformed into a republic, the executive + power retains the titles, the honors, the etiquette, and even the funds of + royalty, long after its authority has disappeared. The English, after + having cut off the head of one king, and expelled another from his throne, + were accustomed to accost the successors of those princes upon their + knees. On the other hand, when a republic falls under the sway of a single + individual, the demeanor of the sovereign is simple and unpretending, as + if his authority was not yet paramount. When the emperors exercised an + unlimited control over the fortunes and the lives of their + fellow-citizens, it was customary to call them Caesar in conversation, and + they were in the habit of supping without formality at their friends' + houses. It is therefore necessary to look below the surface. + </p> + <p> + The sovereignty of the United States is shared between the Union and the + states, while in France it is undivided and compact: hence arises the + first and the most notable difference which exists between the president + of the United States and the king of France. In the United States the + executive power is as limited and partial as the sovereignty of the Union + in whose name it acts; in France it is as universal as the authority of + the state. The Americans have a federal, and the French a national + government. + </p> + <p> + The first cause of inferiority results from the nature of things, but it + is not the only one; the second in importance is as follows: sovereignty + may be defined to be the right of making laws: in France, the king really + exercises a portion of the sovereign power, since the laws have no weight + till he has given his assent to them; he is moreover the executor of all + they ordain. The president is also the executor of the laws, but he does + not really co-operate in their formation, since the refusal of his assent + does not annul them. He is therefore merely to be considered as the agent + of the sovereign power. But not only does the king of France exercise a + portion of the sovereign power, he also contributes to the nomination of + the legislature, which exercises the other portion. He has the privilege + of appointing the members of one chamber, and of dissolving the other at + his pleasure; whereas the president of the United States has no share in + the formation of the legislative body, and cannot dissolve any part of it. + The king has the same right of bringing forward measures as the chambers; + a right which the president does not possess. The king is represented in + each assembly by his ministers, who explain his intentions, support his + opinions, and maintain the principles of the government. The president and + his ministers are alike excluded from congress; so that his influence and + his opinions can only penetrate indirectly into that great body. The king + of France is therefore on an equal footing with the legislature, which can + no more act without him, than he can without it. The president exercises + an authority inferior to, and depending upon, that of the legislature. + </p> + <p> + Even in the exercise of the executive power, properly so called, the point + upon which his position seems to be almost analogous to that of the king + of France—the president labors under several causes of inferiority. + The authority of the king, in France, has, in the first place, the + advantage of duration over that of the president: and durability is one of + the chief elements of strength; nothing is either loved or feared but what + is likely to endure. The president of the United States is a magistrate + elected for four years. The king, in France, is an hereditary sovereign. + </p> + <p> + In the exercise of the executive power the president of the United States + is constantly subject to jealous scrutiny. He may make, but he cannot + conclude a treaty; he may designate, but he cannot appoint, a public + officer.{135} The king of France is absolute in the sphere of the + executive power. + </p> + <p> + The president of the United States is responsible for his actions; but the + person of the king is declared inviolable by the French charter. + </p> + <p> + Nevertheless, the supremacy of public opinion is no less above the head of + one than of the other. This power is less definite, less evident, and less + sanctioned by the laws in France than in America, but in fact exists. In + America it acts by elections and decrees; in France it proceeds by + revolutions; but notwithstanding the different constitutions of these two + countries, public opinion is the predominant authority in both of them. + The fundamental principle of legislation—a principle essentially + republican—is the same in both countries, although its consequences + may be different, and its results more or less extensive. Whence I am led + to conclude, that France with its king is nearer akin to a republic, than + the Union with its president is to a monarchy. + </p> + <p> + In what I have been saying I have only touched upon the main points of + distinction; and if I could have entered into details, the contrast would + have been rendered still more striking. + </p> + <p> + I have remarked that the authority of the president in the United States + is only exercised within the limits of a partial sovereignty, while that + of the king, in France, is undivided. I might have gone on to show that + the power of the king's government in France exceeds its natural limits, + however extensive they may be, and penetrates in a thousand different ways + into the administration of private interests. Among the examples of this + influence may be quoted that which results from the great number of public + functionaries, who all derive their appointments from the government. This + number now exceeds all previous limits; it amounts to 138,000{136} + nominations, each of which may be considered as an element of power. The + president of the United States has not the exclusive right of making any + public appointments, and their whole number scarcely exceeds 12,000.{137} + </p> + <p> + {Those who are desirous of tracing the question respecting the power of + the president to remove every executive officer of the government without + the sanction of the senate, will find some light upon it by referring to + 5th Marshall's Life of Washington, p. 196: 5 Sergeant and Rawle's Reports + (Pennsylvania), 451: Elliot's Debates on the Federal Constitution, vol + iv., p. 355, contains the debate in the House of Representatives, June 16, + 1799, when the question was first mooted: Report of a committee of the + senate in 1822, in Niles's Register of 29th August in that year. It is + certainly very extraordinary that such a vast power, and one so + extensively affecting the whole administration of the government, should + rest on such slight foundations, as an <i>inference</i> from an act of + congress, providing that when the secretary of the treasury should be + removed by the president, his assistant should discharge the duties of the + office. How congress could confer the power, even by a direct act, is not + perceived. It must be a necessary implication from the words of the + constitution, or it does not exist. It has been repeatedly denied in and + out of congress, and must be considered, as yet, an unsettled question.—<i>American + Editor</i>.} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + ACCIDENTAL CAUSES WHICH MAY INCREASE THE INFLUENCE OF THE EXECUTIVE. + </h3> + <p> + External security of the Union.—Army of six thousand Men.—Few + Ships.—The President has no Opportunity of exercising his great + Prerogatives.—In the Prerogatives he exercises he is weak. + </p> + <p> + If the executive power is feebler in America than in France, the cause is + more attributable to the circumstances than to the laws of the country. + </p> + <p> + It is chiefly in its foreign relations that the executive power of a + nation is called upon to exert its skill and vigor. If the existence of + the Union were perpetually threatened, and its chief interest were in + daily connexion with those of other powerful nations, the executive + government would assume an increased importance in proportion to the + measures expected of it, and those which it would carry into effect. The + president of the United States is the commander-in-chief of the army, but + of an army composed of only six thousand men; he commands the fleet, but + the fleet reckons but few sail; he conducts the foreign relations of the + Union, but the United States are a nation without neighbors. Separated + from the rest of the world by the ocean, and too weak as yet to aim at the + dominion of the seas, they have no enemies, and their interests rarely + come into contact with those of any other nation of the globe. + </p> + <p> + The practical part of a government must not be judged by the theory of its + constitution. The president of the United States is in the possession of + almost royal prerogatives, which he has no opportunity of exercising; and + those privileges which he can at present use are very circumscribed: the + laws allow him to possess a degree of influence which circumstances do not + permit him to employ. + </p> + <p> + On the other hand, the great strength of the royal prerogative in France + arises from circumstances far more than from the laws. There the executive + government is constantly struggling against prodigious obstacles, and + exerting all its energies to repress them; so that it increases by the + extent of its achievements, and by the importance of the events it + controls, without, for that reason, modifying its constitution. If the + laws had made it as feeble and as circumscribed as it is in the Union, its + influence would very soon become much greater. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + WHY THE PRESIDENT OF THE UNITED STATES DOES NOT REQUIRE THE MAJORITY OF + THE TWO HOUSES IN ORDER TO CARRY ON THE GOVERNMENT. + </p> + <p> + It is an established axiom in Europe that a constitutional king cannot + persevere in a system of government which is opposed by the two other + branches of the legislature. But several presidents of the United States + have been known to lose the majority in the legislative body, without + being obliged to abandon the supreme power, and without inflicting a + serious evil upon society. I have heard this fact quoted as an instance of + the independence and power of executive government in America: a moment's + reflection will convince us, on the contrary, that it is a proof of its + extreme weakness. + </p> + <p> + A king in Europe requires the support of the legislature to enable him to + perform the duties imposed upon him by the constitution, because those + duties are enormous. A constitutional king in Europe is not merely the + executor of the law, but the execution of its provisions devolves so + completely upon him, that he has the power of paralyzing its influence if + it opposes his designs. He requires the assistance of the legislative + assemblies to make the law, but those assemblies stand in need of his aid + to execute it: these two authorities cannot subsist without each other, + and the mechanism of government is stopped as soon as they are at + variance. + </p> + <p> + In America the president cannot prevent any law from being passed, nor can + he evade the obligation of enforcing it. His sincere and zealous + co-operation is no doubt useful, but it is not indispensable in the + carrying on of public affairs. All his important acts are directly or + indirectly submitted to the legislature; and where he is independent of it + he can do but little. It is therefore his weakness, and not his power, + which enables him to remain in opposition to congress. In Europe, harmony + must reign between the crown and the other branches of the legislature, + because a collision between them may prove serious; in America, this + harmony is not indispensable, because such a collision is impossible. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + ELECTION OF THE PRESIDENT. + </h3> + <p> + Dangers of the elective System increase in Proportion to the Extent of the + Prerogative.—This System possible in America because no powerful + executive Authority is required.—What Circumstances are favorable to + the elective System.—Why the Election of the President does not + cause a Deviation from the Principles of the Government.—Influence + of the Election of the President on secondary Functionaries. + </p> + <p> + The dangers of the system of election applied to the head of the executive + government of a great people, have been sufficiently exemplified by + experience and by history; and the remarks I am about to make refer to + America alone. These dangers may be more or less formidable in proportion + to the place which the executive power occupies, and to the importance it + possesses in the state; and they may vary according to the mode of + election, and the circumstances in which the electors are placed. The most + weighty argument against the election of a chief-magistrate is, that it + offers so splendid a lure to private ambition, and is so apt to inflame + men in the pursuit of power, that when legitimate means are wanting, force + may not unfrequently seize what right denies. + </p> + <p> + It is clear that the greater the privileges of the executive authority + are, the greater is the temptation; the more the ambition of the + candidates is excited, the more warmly are their interests espoused by a + throng of partisans who hope to share the power when their patron has won + the prize. The dangers of the elective system increase, therefore, in the + exact ratio of the influence exercised by the executive power in the + affairs of state. The revolutions of Poland are not solely attributable to + the elective system in general, but to the fact that the elected + magistrate was the head of a powerful monarchy. Before we can discuss the + absolute advantages of the elective system, we must make preliminary + inquiries as to whether the geographical position, the laws, the habits, + the manners, and the opinions of the people among whom it is to be + introduced, will admit of the establishment of a weak and dependent + executive government; for to attempt to render the representative of the + state a powerful sovereign, and at the same time elective, is, in my + opinion, to entertain two incompatible designs. To reduce hereditary + royalty to the condition of an elective authority, the only means that I + am acquainted with are to circumscribe its sphere of action beforehand, + gradually to diminish its prerogatives, and to accustom the people to live + without its protection. Nothing, however, is farther from the designs of + the republicans of Europe than this course: as many of them only owe their + hatred of tyranny to the sufferings which they have personally undergone, + the extent of the executive power does not excite their hostility, and + they only attack its origin without perceiving how nearly the two things + are connected. + </p> + <p> + Hitherto no citizen has shown any disposition to expose his honor and his + life, in order to become the president of the United States; because the + power of that office is temporary, limited, and subordinate. The prize of + fortune must be great to encourage adventurers in so desperate a game. No + candidate has as yet been able to arouse the dangerous enthusiasm or the + passionate sympathies of the people in his favor, for the very simple + reason, that when he is at the head of the government he has but little + power, but little wealth, and but little glory to share among his friends; + and his influence in the state is too small for the success or the ruin of + a faction to depend upon the elevation of an individual to power. + </p> + <p> + The great advantage of hereditary monarchies is, that as the private + interest of a family is always intimately connected with the interests of + the state, the executive government is never suspended for a single + instant; and if the affairs of a monarchy are not better conducted than + those of a republic, at least there is always some one to conduct them, + well or ill, according to his capacity. In elective states, on the + contrary, the wheels of government cease to act, as it were of their own + accord, at the approach of an election, and even for some time previous to + that event. The laws may indeed accelerate the operation of the election, + which may be conducted with such simplicity and rapidity that the seat of + power will never be left vacant; but, notwithstanding these precautions, a + break necessarily occurs in the minds of the people. + </p> + <p> + At the approach of an election the head of the executive government is + wholly occupied by the coming struggle; his future plans are doubtful; he + can undertake nothing new, and he will only prosecute with indifference + those designs which another will perhaps terminate. "I am so near the time + of my retirement from office," said President Jefferson on the 21st of + January, 1809 (six weeks before the election), "that I feel no passion, I + take no part, I express no sentiment. It appears to me just to leave to my + successor the commencement of those measures which he will have to + prosecute, and for which he will be responsible." + </p> + <p> + On the other hand, the eyes of the nation are centred on a single point; + all are watching the gradual birth of so important an event. The wider the + influence of the executive power extends, the greater and the more + necessary is its constant action, the more fatal is the term of suspense; + and a nation which is accustomed to the government, or, still more, one + used to the administrative protection of a powerful executive authority, + would be infallibly convulsed by an election of this kind. In the United + States the action of the government may be slackened with impunity, + because it is always weak and circumscribed. + </p> + <p> + One of the principal vices of the elective system is, that it always + introduces a certain degree of instability into the internal and external + policy of the state. But this disadvantage is less sensibly felt if the + share of power vested in the elected magistrate is small. In Rome the + principles of the government underwent no variation, although the consuls + were changed every year, because the senate, which was an hereditary + assembly, possessed the directing authority. If the elective system were + adopted in Europe, the condition of most of the monarchical states would + be changed at every new election. In America the president exercises a + certain influence on state affairs, but he does not conduct them; the + preponderating power is vested in the representatives of the whole nation. + The political maxims of the country depend therefore on the mass of the + people, not on the president alone; and consequently in America the + elective system has no very prejudicial influence on the fixed principles + of the government. But the want of fixed principles is an evil so inherent + in the elective system, that it is still extremely perceptible in the + narrow sphere to which the authority of the president extends. + </p> + <p> + The Americans have admitted that the head of the executive power, who has + to bear the whole responsibility of the duties he is called upon to + fulfil, ought to be empowered to choose his own agents, and to remove them + at pleasure: the legislative bodies watch the conduct of the president + more than they direct it. The consequence of this arrangement is, that at + every new election the fate of all the federal public officers is in + suspense. Mr. Quincy Adams, on his entry into office, discharged the + majority of the individuals who had been appointed by his predecessor; and + I am not aware that General Jackson allowed a single removeable + functionary employed in the federal service to retain his place beyond the + first year which succeeded his election. It is sometimes made a subject of + complaint, that in the constitutional monarchies of Europe the fate of the + humbler servants of an administration depends upon that of the ministers. + But in elective governments this evil is far greater. In a constitutional + monarchy successive ministers are rapidly formed; but as the principal + representative of the executive power does not change, the spirit of + innovation is kept within bounds; the changes which take place are in the + details rather than in the principles of the administrative system; but to + substitute one system for another, as is done in America every four years + by law, is to cause a sort of revolution. As to the misfortunes which may + fall upon individuals in consequence of this state of things, it must be + allowed that the uncertain situation of the public officers is less + fraught with evil consequences in America than elsewhere. It is so easy to + acquire an independent position in the United States, that the public + officer who loses his place may be deprived of the comforts of life, but + not of the means of subsistence. + </p> + <p> + I remarked at the beginning of this chapter that the dangers of the + elective system applied to the head of the state, are augmented or + decreased by the peculiar circumstances of the people which adopts it. + However the functions of the executive power may be restricted, it must + always exercise a great influence upon the foreign policy of the country, + for a negotiation cannot be opened or successfully carried on otherwise + than by a single agent. The more precarious and the more perilous the + position of a people becomes, the more absolute is the want of a fixed and + consistent external policy, and the more dangerous does the elective + system of the chief magistrate become. The policy of the Americans in + relation to the whole world is exceedingly simple; and it may almost be + said that no country stands in need of them, nor do they require the + co-operation of any other people. Their independence is never threatened. + In their present condition, therefore, the functions of the executive + power are no less limited by circumstances, than by the laws; and the + president may frequently change his line of policy without involving the + state in difficulty or destruction. + </p> + <p> + Whatever the prerogatives of the executive power may be, the period which + immediately precedes an election, and the moment of its duration, must + always be considered as a national crisis, which is perilous in proportion + to the internal embarrassments and the external dangers of the country. + Few of the nations of Europe could escape the calamities of anarchy or of + conquest, every time they might have to elect a new sovereign. In America + society is so constituted that it can stand without assistance upon its + own basis; nothing is to be feared from the pressure of external dangers; + and the election of the president is a cause of agitation, but not of + ruin. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + MODE OF ELECTION. + </h3> + <p> + Skill of the American Legislators shown in the Mode of Election adopted by + them.—Creation of a special electoral Body.—Separate Votes of + these Electors.—Case in which the House of Representatives is called + upon to choose the President.—Results of the twelve Elections which + have taken Place since the Constitution has been established. + </p> + <p> + Beside the dangers which are inherent in the system, many other + difficulties may arise from the mode of election, which may be obviated by + the precaution of the legislator. When a people met in arms on some public + spot to choose its head, it was exposed to all the chances of civil war + resulting from so martial a mode of proceeding, beside the dangers of the + elective system in itself. The Polish laws, which subjected the election + of the sovereign to the veto of a single individual, suggested the murder + of that individual, or prepared the way to anarchy. + </p> + <p> + In the examination of the institutions, and the political as well as the + social condition of the United States, we are struck by the admirable + harmony of the gifts of fortune and the efforts of man. That nation + possessed two of the main causes of internal peace; it was a new country, + but it was inhabited by a people grown old in the exercise of freedom. + America had no hostile neighbors to dread; and the American legislators, + profiting by these favorable circumstances, created a weak and subordinate + executive power, which could without danger be made elective. + </p> + <p> + It then only remained for them to choose the least dangerous of the + various modes of election; and the rules which they laid down upon this + point admirably complete the securities which the physical and political + constitution of the country already afforded. Their object was to find the + mode of election which would best express the choice of the people with + the least possible excitement and suspense. It was admitted in the first + place that the <i>simple</i> majority should be decisive; but the + difficulty was to obtain this majority without an interval of delay which + it was most important to avoid. It rarely happens that an individual can + at once collect the majority of the suffrages of a great people; and this + difficulty is enhanced in a republic of confederate states, where local + influences are apt to preponderate. The means by which it was proposed to + obviate this second obstacle was to delegate the electoral powers of the + nation to a body of representatives. The mode of election rendered a + majority more probable; for the fewer the electors are, the greater is the + chance of their coming to a final decision. It also offered an additional + probability of a judicious choice. It then remained to be decided whether + this right of election was to be intrusted to the legislative body, the + habitual representative assembly of the nation, or whether an electoral + assembly should be formed for the express purpose of proceeding to the + nomination of a president. The Americans chose the latter alternative, + from a belief that the individuals who were returned to make the laws were + incompetent to represent the wishes of the nation in the election of its + chief magistrate; and that as they are chosen for more than a year, the + constituency they represented might have changed its opinion in that time. + It was thought that if the legislature was empowered to elect the head of + the executive power, its members would, for some time before the election, + be exposed to the manoeuvres of corruption, and the tricks of intrigue; + whereas, the special electors would, like a jury, remain mixed up with the + crowd till the day of action, when they would appear for the sole purpose + of giving their votes. + </p> + <p> + It was therefore established that every state should name a certain number + of electors,{138} who in their turn should elect the president; and as it + had been observed that the assemblies to which the choice of a chief + magistrate had been intrusted in elective countries, inevitably became the + centres of passion and of cabal; that they sometimes usurped an authority + which did not belong to them: and that their proceedings, or the + uncertainty which resulted from them, were sometimes prolonged so much as + to endanger the welfare of the state, it was determined that the electors + should all vote upon the same day, without being convoked to the same + place.{139} This double election rendered a majority probable, though not + certain; for it was possible that as many differences might exist between + the electors as between their constituents. In this case it was necessary + to have recourse to one of three measures; either to appoint new electors, + or to consult a second time those already appointed, or to defer the + election to another authority. The first two of these alternatives, + independently of the uncertainty of their results, were likely to delay + the final decision, and to perpetuate an agitation which must always be + accompanied with danger. The third expedient was therefore adopted, and it + was agreed that the votes should be transmitted sealed to the president of + the senate, and that they should be opened and counted in the presence of + the senate and the house of representatives. If none of the candidates has + a majority, the house of representatives then proceeds immediately to + elect the president; but with the condition that it must fix upon one of + the three candidates who have the highest numbers.{140} + </p> + <p> + Thus it is only in case of an event which cannot often happen, and which + can never be foreseen, that the election is intrusted to the ordinary + representatives of the nation; and even then they are obliged to choose a + citizen who has already been designated by a powerful minority of the + special electors. It is by this happy expedient that the respect due to + the popular voice is combined with the utmost celerity of execution and + those precautions which the peace of the country demands. But the decision + of the question by the house of representatives does not necessarily offer + an immediate solution of the difficulty, for the majority of that assembly + may still be doubtful, and in this case the constitution prescribes no + remedy. Nevertheless, by restricting the number of candidates to three, + and by referring the matter to the judgment of an enlightened public body, + it has smoothed all the obstacles{141} which are not inherent in the + elective system. + </p> + <p> + In the forty years which have elapsed since the promulgation of the + federal constitution, the United States have twelve times chosen a + president. Ten of these elections took place simultaneously by the votes + of the special electors in the different states. The house of + representatives has only twice exercised its conditional privilege of + deciding in cases of uncertainty: the first time was at the election of + Mr. Jefferson in 1801; the second was in 1825, when Mr. John Quincy Adams + was chosen. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + CRISIS OF THE ELECTION. + </h3> + <p> + The election may be considered as a national Crisis.—Why?—Passions + of the People.—Anxiety of the President.—Calm which succeeds + the Agitation of the Election. + </p> + <p> + I have shown what the circumstances are which favored the adoption of the + elective system in the United States, and what precautions were taken by + the legislators to obviate its dangers. The Americans are accustomed to + all kinds of elections; and they know by experience the utmost degree of + excitement which is compatible with security. The vast extent of the + country, and the dissemination of the inhabitants, render a collision + between parties less probable and less dangerous there than elsewhere. The + political circumstances under which the elections have hitherto been + carried on, have presented no real embarrassments to the nation. + </p> + <p> + Nevertheless, the epoch of the election of a president of the United + States may be considered as a crisis in the affairs of the nation. The + influence which he exercises on public business is no doubt feeble and + indirect; but the choice of the president, which is of small importance to + each individual citizen, concerns the citizens collectively; and however + trifling an interest may be, it assumes a great degree of importance as + soon as it becomes general. The president possesses but few means of + rewarding his supporters in comparison to the kings of Europe; but the + places which are at his disposal are sufficiently numerous to interest, + directly or indirectly, several thousand electors in his success. + Moreover, political parties in the United States, as well as elsewhere, + are led to rally around an individual, in order to acquire a more tangible + shape in the eyes of the crowd, and the name of the candidate for the + presidency is put forth as the symbol and personification of their + theories. For these reasons parties are strongly interested in gaining the + election, not so much with a view to the triumph of their principles under + the auspices of the president elected, as to show, by the majority which + returned him, the strength of the supporters of those principles. + </p> + <p> + For a long while before the appointed time is at hand, the election + becomes the most important and the all-engrossing topic of discussion. The + ardor of faction is redoubled; and all the artificial passions which the + imagination can create in the bosom of a happy and peaceful land are + agitated and brought to light. The president, on the other hand, is + absorbed by the cares of self-defence. He no longer governs for the + interest of the state, but for that of his re-election; he does homage to + the majority, and instead of checking its passions, as his duty commands + him to do, he frequently courts its worst caprices. As the election draws + near, the activity of intrigue and the agitation of the populace increase; + the citizens are divided into several camps, each of which assumes the + name of its favorite candidate; the whole nation glows with feverish + excitement; the election is the daily theme of the public papers, the + subject of private conversation, the end of every thought and every + action, the sole interest of the present. As soon as the choice is + determined, this ardor is dispelled; and as a calmer season returns, the + current of the state, which has nearly broken its banks, sinks to its + usual level; but who can refrain from astonishment at the causes of the + storm? + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + RE-ELECTION OF THE PRESIDENT. + </h3> + <p> + When the Head of the executive Power is re-eligible, it is the State which + is the Source of Intrigue and Corruption.—The desire of being + re-elected, the chief Aim of a President of the United States.—Disadvantage + of the System peculiar to America.—The natural Evil of Democracy is + that it subordinates all Authority to the slightest Desires of the + Majority.—The Re-election of the President encourages this Evil. + </p> + <p> + It may be asked whether the legislators of the United States did right or + wrong in allowing the re-election of the president. It seems at first + sight contrary to all reason to prevent the head of the executive power + from being elected a second time. The influence which the talents and the + character of a single individual may exercise upon the fate of a whole + people, especially in critical circumstances or arduous times, is well + known: a law preventing the re-election of the chief magistrate would + deprive the citizens of the surest pledge of the prosperity and the + security of the commonwealth; and, by a singular inconsistency, a man + would be excluded from the government at the very time when he had shown + his ability in conducting its affairs. + </p> + <p> + But if these arguments are strong, perhaps still more powerful reasons may + be advanced against them. Intrigue and corruption are the natural defects + of elective government; but when the head of the state can be re-elected, + these evils rise to a great height, and compromise the very existence of + the country. When a simple candidate seeks to rise by intrigue, his + manoeuvres must necessarily be limited to a narrow sphere; but when the + chief magistrate enters the lists, he borrows the strength of the + government for his own purposes. In the former case the feeble resources + of an individual are in action; in the latter, the state itself, with all + its immense influence, is busied in the work of corruption and cabal. The + private citizen, who employs the most immoral practices to acquire power, + can only act in a manner indirectly prejudicial to the public prosperity. + But if the representative of the executive descends into the lists, the + cares of government dwindle into second-rate importance, and the success + of his election is his first concern. All laws and negotiations are then + to him nothing more than electioneering schemes; places become the reward + of services rendered, not to the nation, but to its chief; and the + influence of the government, if not injurious to the country, is at least + no longer beneficial to the community for which it was created. + </p> + <p> + It is impossible to consider the ordinary course of affairs in the United + States without perceiving that the desire of being re-elected is the chief + aim of the president; that his whole administration, and even his most + indifferent measures, tend to this object; and that, as the crisis + approaches, his personal interest takes the place of his interest in the + public good. The principle of re-eligibility renders the corrupt influence + of elective governments still more extensive and pernicious. It tends to + degrade the political morality of the people, and to substitute adroitness + for patriotism. + </p> + <p> + In America it exercises a still more fatal influence on the sources of + national existence. Every government seems to be afflicted by some evil + inherent in its nature, and the genius of the legislator is shown in + eluding its attacks. A state may survive the influence of a host of bad + laws, and the mischief they cause is frequently exaggerated; but a law + which encourages the growth of the canker within must prove fatal in the + end, although its bad consequences may not be immediately perceived. + </p> + <p> + The principle of destruction in absolute monarchies lies in the excessive + and unreasonable extension of the prerogative of the crown; and a measure + tending to remove the constitutional provisions which counterbalance this + influence would be radically bad, even if its consequences should long + appear to be imperceptible. By a parity of reasoning, in countries + governed by a democracy, where the people is perpetually drawing all + authority to itself, the laws which increase or accelerate its action are + the direct assailants of the very principle of the government. + </p> + <p> + The greatest proof of the ability of the American legislators is, that + they clearly discerned this truth, and that they had the courage to act up + to it. They conceived that a certain authority above the body of the + people was necessary, which should enjoy a degree of independence, without + however being entirely beyond the popular control; an authority which + would be forced to comply with the <i>permanent</i> determinations of the + majority, but which would be able to resist its caprices, and to refuse + its most dangerous demands. To this end they centred the whole executive + power of the nation in a single arm; they granted extensive prerogatives + to the president, and they armed him with the veto to resist the + encroachments of the legislature. + </p> + <p> + But by introducing the principle of re-election, they partly destroyed + their work; and they rendered the president but little inclined to exert + the great power they had invested in his hands. If ineligible a second + time, the president would be far from independent of the people, for his + responsibility would not be lessened; but the favor of the people would + not be so necessary to him as to induce him to court it by humoring its + desires. If re-eligible (and this is more especially true at the present + day, when political morality is relaxed, and when great men are rare), the + president of the United States becomes an easy tool in the hands of the + majority. He adopts its likings and its animosities, he hastens to + anticipate its wishes, he forestalls its complaints, he yields to its + idlest cravings, and instead of guiding it, as the legislature intended + that he should do, he is ever ready to follow its bidding. Thus, in order + not to deprive the state of the talents of an individual, those talents + have been rendered almost useless, and to reserve an expedient for + extraordinary perils the country has been exposed to daily dangers. + </p> + <p> + {The question of the propriety of leaving the president re-eligible, is + one of that class which probably must for ever remain undecided. The + author himself, at page 125, gives a strong reason for re-eligibility, "so + that the chance of a prolonged administration may inspire him with hopeful + undertakings for the public good, and with the means of carrying them into + execution,"—considerations of great weight. There is an important + fact bearing upon this question, which should be stated in connexion with + it. President Washington established the practice of declining a third + election, and every one of his successors, either from a sense of its + propriety or from apprehensions of the force of public opinion, has + followed the example. So that it has become as much a part of the + constitution, that no citizen can be a third time elected president, as if + it were expressed in that instrument in words. This may perhaps be + considered a fair adjustment of objections on either side. Those against a + continued and perpetual re-eligibility are certainly met: while the + arguments in favor of an opportunity to prolong an administration under + circumstances that may justify it, are allowed their due weight. One + effect of this practical interpolation of the constitution unquestionably + is, to increase the chances of a president's being once re-elected; as men + will be more disposed to acquiesce in a measure that thus practically + excludes the individual from ever again entering the field of competition.—<i>American + Editor</i>} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + FEDERAL COURTS.{142} + </h3> + <p> + Political Importance of the Judiciary in the United States.—Difficulty + of treating this Subject.—Utility of judicial Power in + Confederations—What Tribunals could be introduced into the Union.—Necessity + of establishing federal Courts of Justice.—Organization of the + national Judiciary.—The Supreme Court.—In what it differs from + all known Tribunals. + </p> + <p> + I have inquired into the legislative and executive power of the Union, and + the judicial power now remains to be examined; but in this place I cannot + conceal my fears from the reader. Judicial institutions exercise a great + influence on the condition of the Anglo-Americans, and they occupy a + prominent place among what are properly called political institutions: in + this respect they are peculiarly deserving of our attention. But I am at a + loss to explain the political action of the American tribunals without + entering into some technical details on their constitution and their forms + of proceeding; and I know not how to descend to these minutiae without + wearying the curiosity of the reader by the natural aridity of the + subject, or without risking to fall into obscurity through a desire to be + succinct. I can scarcely hope to escape these various evils; for if I + appear too prolix to a man of the world, a lawyer may on the other hand + complain of my brevity. But these are the natural disadvantages of my + subject, and more especially of the point which I am about to discuss. + </p> + <p> + The great difficulty was, not to devise the constitution of the federal + government, but to find out a method of enforcing its laws. Governments + have in general but two means of overcoming the opposition of the people + they govern, viz., the physical force which is at their own disposal, and + the moral force which they derive from the decisions of the courts of + justice. + </p> + <p> + A government which should have no other means of exacting obedience than + open war, must be very near its ruin; for one of two alternatives would + then probably occur: if its authority was small, and its character + temperate, it would not resort to violence till the last extremity, and it + would connive at a number of partial acts of insubordination, in which + case the state would gradually fall into anarchy; if it was enterprising + and powerful, it would perpetually have recourse to its physical strength, + and would speedily degenerate into a military despotism. So that its + activity would not be less prejudicial to the community than its inaction. + </p> + <p> + The great end of justice is to substitute the notion of right for that of + violence; and to place a legal barrier between the power of the government + and the use of physical force. The authority which is awarded to the + intervention of a court of justice by the general opinion of mankind is so + surprisingly great, that it clings to the mere formalities of justice, and + gives a bodily influence to the shadow of the law. The moral force which + courts of justice possess renders the introduction of physical force + exceedingly rare, and it is very frequently substituted for it; but if the + latter proves to be indispensable, its power is doubled by the association + of the idea of law. + </p> + <p> + A federal government stands in greater need of the support of judicial + institutions than any other, because it is naturally weak, and opposed to + formidable opposition.{143} If it were always obliged to resort to + violence in the first instance, it could not fulfil its task. The Union, + therefore, required a national judiciary to enforce the obedience of the + citizens to the laws, and to repel the attacks which might be directed + against them. The question then remained what tribunals were to exercise + these privileges; were they to be intrusted to the courts of justice which + were already organized in every state? or was it necessary to create + federal courts? It may easily be proved that the Union could not adapt the + judicial power of the state to its wants. The separation of the judiciary + from the administrative power of the state, no doubt affects the security + of every citizen, and the liberty of all. But it is no less important to + the existence of the nation that these several powers should have the same + origin, should follow the same principles, and act in the same sphere; in + a word, that they should be correlative and homogeneous. No one, I + presume, ever suggested the advantage of trying offences committed in + France, by a foreign court of justice, in order to ensure the impartiality + of the judges. The Americans form one people in relation to their federal + government; but in the bosom of this people divers political bodies have + been allowed to subsist, which are dependent on the national government in + a few points, and independent in all the rest—which have all a + distinct origin, maxims peculiar to themselves, and special means of + carrying on their affairs. To intrust the execution of the laws of the + Union to tribunals instituted by these political bodies, would be to allow + foreign judges to preside over the nation. Nay more, not only is each + state foreign to the Union at large, but it is in perpetual opposition to + the common interests, since whatever authority the Union loses turns to + the advantage of the states. Thus to enforce the laws of the Union by + means of the tribunals of the states, would be to allow not only foreign, + but partial judges to preside over the nation. + </p> + <p> + But the number, still more than the mere character, of the tribunals of + the states rendered them unfit for the service of the nation. When the + federal constitution was formed, there were already thirteen courts of + justice in the United States which decided causes without appeal. That + number is now increased to twenty-four. To suppose that a state can + subsist, when its fundamental laws may be subjected to four-and-twenty + different interpretations at the same time, is to advance a proposition + alike contrary to reason and to experience. + </p> + <p> + The American legislators therefore agreed to create a federal judiciary + power to apply the laws of the Union, and to determine certain questions + affecting general interests, which were carefully determined beforehand. + The entire judicial power of the Union was centred in one tribunal, which + was denominated the supreme court of the United States. But, to facilitate + the expedition of business, inferior courts were appended to it, which + were empowered to decide causes of small importance without appeal, and + with appeal causes of more magnitude. The members of the supreme court are + named neither by the people nor the legislature, but by the president of + the United States, acting with the advice of the senate. In order to + render them independent of the other authorities, their office was made + inalienable; and it was determined that their salary, when once fixed, + should not be altered by the legislature.{144} It was easy to proclaim the + principle of a federal judiciary, but difficulties multiplied when the + extent of its jurisdiction was to be determined. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + MEANS OF DETERMINING THE JURISDICTION OF THE FEDERAL COURTS. + </h3> + <p> + Difficulty of determining the Jurisdiction of separate courts of Justice + in Confederation.—The Courts of the Union obtained the Right of + fixing their own Jurisdiction.—In what Respect this Rule attacks the + Portion of Sovereignty reserved to the several States.—The + Sovereignty of these States restricted by the Laws, and the Interpretation + of the Laws.—Consequently, the Danger of the several States is more + apparent than real. + </p> + <p> + As the constitution of the United States recognized two distinct powers, + in presence of each other, represented in a judicial point of view by two + distinct classes of courts of justice, the utmost care which could be + taken in defining their separate jurisdictions would have been + insufficient to prevent frequent collisions between those tribunals. The + question then arose, to whom the right of deciding the competency of each + court was to be referred. + </p> + <p> + In nations which constitute a single body politic, when a question is + debated between two courts relating to their mutual jurisdiction, a third + tribunal is generally within reach to decide the difference; and this is + effected without difficulty, because in these nations the questions of + judicial competency have no connexion with the privileges of the national + supremacy. But it was impossible to create an arbiter between a superior + court of the Union and the superior court of a separate state, which would + not belong to one of these two classes. It was therefore necessary to + allow one of these courts to judge its own cause, and to take or to retain + cognizance of the point which was contested. To grant this privilege to + the different courts of the states, would have been to destroy the + sovereignty of the Union <i>de facto</i>, after having established it <i>de + jure</i>; for the interpretation of the constitution would soon have + restored that portion of independence to the states of which the terms of + that act deprived them. The object of the creation of a federal tribunal + was to prevent the courts of the states from deciding questions affecting + the national interests in their own department, and so to form a uniform + body of jurisprudence for the interpretation of the laws of the Union. + This end would not have been accomplished if the courts of the several + states had been competent to decide upon cases in their separate + capacities, from which they were obliged to abstain as federal tribunals. + The supreme court of the United States was therefore invested with the + right of determining all questions of jurisdiction.{145} + </p> + <p> + This was a severe blow upon the independence of the states, which was thus + restricted not only by the laws, but by the interpretation of them; by one + limit which was known, and by another which was dubious; by a rule which + was certain, and a rule which was arbitrary. It is true the constitution + had laid down the precise limits of the federal supremacy, but whenever + this supremacy is contested by one of the states, a federal tribunal + decides the question. Nevertheless, the dangers with which the + independence of the states was threatened by this mode of proceeding are + less serious than they appear to be. We shall see hereafter that in + America the real strength of the country is vested in the provincial far + more than in the federal government. The federal judges are conscious of + the relative weakness of the power in whose name they act, and they are + more inclined to abandon a right of jurisdiction in cases where it is + justly their own, than to assert a privilege to which they have no legal + claim. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + DIFFERENT CASES OF JURISDICTION. + </h3> + <p> + The Matter and the Party are the first Conditions of the federal + Jurisdiction.—Suits in which Ambassadors are engaged.—Suits of + the Union.—Of a separate State.—By whom tried.—Causes + resulting from the Laws of the Union.—Why judged by the federal + Tribunal.—Causes relating to the Non-performance of Contracts tried + by the federal Courts.—Consequences of this Arrangement. + </p> + <p> + After having appointed the means of fixing the competency of the federal + courts, the legislators of the Union defined the cases which should come + within their jurisdiction. It was established, on the one hand, that + certain parties must always be brought before the federal courts, without + any regard to the special nature of the cause; and, on the other, that + certain causes must always be brought before the same courts, without any + regard to the quality of the parties in the suit. These distinctions were + therefore admitted to be the bases of the federal jurisdiction. + </p> + <p> + Ambassadors are the representatives of nations in a state of amity with + the Union, and whatever concerns these personages concerns in some degree + the whole Union. When I an ambassador is a party in a suit, that suit + affects the welfare of the nation, and a federal tribunal is naturally + called upon to decide it. + </p> + <p> + The Union itself may be involved in legal proceedings, and in this case it + would be alike contrary to the customs of all nations, and to common + sense, to appeal to a tribunal representing any other sovereignty than its + own; the federal courts, therefore, take cognizance of these affairs. + </p> + <p> + When two parties belonging to two different states are engaged in a suit, + the case cannot with propriety be brought before a court of either state. + The surest expedient is to select a tribunal like that of the Union, which + can excite the suspicions of neither party, and which offers the most + natural as well as the most certain remedy. + </p> + <p> + When the two parties are not private individuals, but states, an important + political consideration is added to the same motive of equity. The quality + of the parties, in this case, gives a national importance to all their + disputes; and the most trifling litigation of the states may be said to + involve the peace of the whole Union.{146} + </p> + <p> + The nature of the cause frequently prescribes the rule of competency. Thus + all the questions which concern maritime commerce evidently fall under the + cognizance of the federal tribunals.{147} Almost all these questions are + connected with the interpretation of the law of nations; and in this + respect they essentially interest the Union in relation to foreign powers. + Moreover, as the sea is not included within the limits of any peculiar + jurisdiction, the national courts can only hear causes which originate in + maritime affairs. + </p> + <p> + The constitution comprises under one head almost all the cases which by + their very nature come within the limits of the federal courts. The rule + which it lays down is simple, but pregnant with an entire system of ideas, + and with a vast multitude of facts. It declares that the judicial power of + the supreme court shall extend to all cases in law and equity <i>arising + under the laws of the United States</i>. + </p> + <p> + Two examples will put the intentions of the legislator in the clearest + light:— + </p> + <p> + The constitution prohibits the states from making laws on the value and + circulation of money: if, notwithstanding this prohibition, a state passes + a law of this kind, with which the interested parties refuse to comply + because it is contrary to the constitution, the case must come before a + federal court, because it arises under the laws of the United States. + Again, if difficulties arise in the levying of import duties which have + been voted by congress, the federal court must decide the case, because it + arises under the interpretation of a law of the United States. + </p> + <p> + This rule is in perfect accordance with the fundamental principles of the + federal constitution. The Union as it was established in 1789, possesses, + it is true, a limited supremacy; but it was intended that within its + limits it should form one and the same people.{148} Within those limits + the Union is sovereign. When this point is established and admitted, the + inference is easy; for if it be acknowledged that the United States + constitute one and the same people within the bounds prescribed by their + constitution, it is impossible to refuse them the rights which belong to + other nations. But it has been allowed, from the origin of society, that + every nation has the right of deciding by its own courts those questions + which concern the execution of its own laws. To this it is answered, that + the Union is in so singular a position, that in relation to some matters + it constitutes a people, and that in relation to all the rest it is a + nonentity. But the inference to be drawn is, that in the laws relating to + these matters the Union possesses all the rights of absolute sovereignty. + The difficulty is to know what these matters are; and when once it is + resolved (and we have shown how it was resolved, in speaking of the means + of determining the jurisdiction of the federal courts), no farther doubt + can arise; for as soon as it is established that a suit is federal, that + is to say, that it belongs to the share of sovereignty reserved by the + constitution to the Union, the natural consequence is that it should come + within the jurisdiction of a federal court. + </p> + <p> + Whenever the laws of the United States are attacked, or whenever they are + resorted to in self-defence, the federal courts must be appealed to. Thus + the jurisdiction of the tribunals of the Union extends and narrows its + limits exactly in the same ratio as the sovereignty of the Union augments + or decreases. We have shown that the principal aim of the legislators of + 1789 was to divide the sovereign authority into two parts. In the one they + placed the control of all the general interests of the Union, in the other + the control of the special interest of its component states. Their chief + solicitude was to arm the federal government with sufficient power to + enable it to resist, within its sphere, the encroachments of the several + states. As for these communities, the principle of independence within + certain limits of their own was adopted in their behalf; and they were + concealed from the inspection, and protected from the control, of the + central government. In speaking of the division of the authority, I + observed that this latter principle had not always been held sacred, since + the states are prevented from passing certain laws, which apparently + belong to their own particular sphere of interest. When a state of the + Union passes a law of this kind, the citizens who are injured by its + execution can appeal to the federal courts. + </p> + <p> + {The remark of the author, that whenever the laws of the United States are + attacked, or whenever they are resorted to in self-defence, the federal + courts <i>must be</i> appealed to, which is more strongly expressed in the + original, is erroneous and calculated to mislead on a point of some + importance. By the grant of power to the courts of the United States to + decide certain cases, the powers of the state courts are not suspended, + but are exercised concurrently, subject to an appeal to the courts of the + United States. But if the decision of the state court is <i>in favor</i> + of the right, title, or privilege claimed under the constitution, a + treaty, or under a law of congress, no appeal lies to the federal courts. + The appeal is given only when the decision <i>is against</i> the claimant + under the treaty or law. See 3d Cranch, 268. 1 Wheaton, 304.—<i>American + Editor.</i>} + </p> + <p> + Thus the jurisdiction of the general courts extends not only to all the + cases which arise under the laws of the Union, but also to those which + arise under laws made by the several states in opposition to the + constitution. The states are prohibited from making <i>ex-post-facto</i> + laws in criminal cases; and any person condemned by virtue of a law of + this kind can appeal to the judicial power of the Union. The states are + likewise prohibited from making laws which may have a tendency to impair + the obligations of contracts.{149} If a citizen thinks that an obligation + of this kind is impaired by a law passed in his state, he may refuse to + obey it, and may appeal to the federal courts.{150} + </p> + <p> + This provision appears to me to be the most serious attack upon the + independence of the states. The rights awarded to the federal government + for purposes of obvious national importance are definite and easily + comprehensible; but those with which this last clause invests it are not + either clearly appreciable or accurately defined. For there are vast + numbers of political laws which influence the obligations of contracts, + which may thus furnish an easy pretext for the aggressions of the central + authority. + </p> + <p> + {The fears of the author respecting the danger to the independence of the + states of that provision of the constitution, which gives to the federal + courts the authority of deciding when a state law impairs the obligation + of a contract, are deemed quite unfounded. The citizens of every state + have a deep interest in preserving the obligation of the contracts entered + into by them in other states: indeed without such a controlling power, + "commerce among several states" could not exist. The existence of this + common arbiter is of the last importance to the continuance of the Union + itself, for if there were no peaceable means of enforcing the obligations + of contracts, independent of all state authority, the states themselves + would inevitably come in collision in their efforts to protect their + respective citizens from the consequences of the legislation of another + state. + </p> + <p> + M. De Tocqueville's observation, that the rights with which the clause in + question invests the federal government "are not clearly appreciable or + accurately defined," proceeds upon a mistaken view of the clause itself. + It relates to the <i>obligation</i> of a contract, and forbids any act by + which that obligation is impaired. To American lawyers, this seems to be + as precise and definite as any rule can be made by human language. The + distinction between the <i>right</i> to the fruits of a contract, and the + time, tribunal, and manner, in which that right is to be enforced, seems + very palpable. At all events, since the decision of the supreme court of + the United States in those cases in which this clause has been discussed, + no difficulty is found, practically, in understanding the exact limits of + the prohibition. + </p> + <p> + The next observation of the author, that "there are vast numbers of + political laws which influence the obligations of contracts, which may + thus furnish an easy pretext for the aggressions of the central + authority," is rather obscure. Is it intended that political laws may be + passed by the central authority, influencing the obligation of a contract, + and thus the contracts themselves be destroyed? The answer to this would + be, that the question would not arise under the clause forbidding laws + impairing the obligation of contracts, for that clause applies only to the + states and not to the federal government. + </p> + <p> + If it be intended, that the states may find it necessary to pass political + laws, which affect contracts, and that under the pretence of vindicating + the obligation of contracts, the central authority may make aggressions on + the states and annul their political laws:—the answer is, that the + motive to the adoption of the clause was to reach laws of every + description, political as well as all others, and that it was the abuse by + the states of what may be called political laws, viz.: acts confiscating + demands of foreign creditors, that gave rise to the prohibition. The + settled doctrine now is, that states may pass laws in respect to the + making of contracts, may prescribe what contracts shall be made, and how, + but that they cannot impair any that are already made. + </p> + <p> + The writer of this note is unwilling to dismiss the subject, without + remarking upon what he must think a fundamental error of the author, which + is exhibited in the passage commented on, as well as in other passages:—and + that is, in supposing the judiciary of the United States, and particularly + the supreme court, to be a part of the <i>political</i> federal + government, and as the ready instrument to execute its designs upon the + state authorities. Although the judges are in form commissioned by the + United States, yet, in fact, they are appointed by the delegates of the + state, in the senate of the United States, concurrently with, and acting + upon, the nomination of the president. If the legislature of each state in + the Union were to elect a judge of the supreme court, he would not be less + a political officer of the United States than he now is. In truth, the + judiciary have no political duties to perform; they are arbiters chosen by + the federal and state governments, jointly, and when appointed, as + independent of the one as of the other. They cannot be removed without the + consent of the states represented in the senate, and they can be removed + without the consent of the president, and against his wishes. Such is the + theory of the constitution. And it has been felt practically, in the + rejection by the senate of persons nominated as judges, by a president of + the same political party with a majority of the senators. Two instances of + this kind occurred during the administration of Mr. Jefferson. + </p> + <p> + If it be alleged that they are exposed to the influence of the executive + of the United States, by the expectation of offices in his gift, the + answer is, that judges of state courts are equally exposed to the same + influence—that all state officers, from the highest to the lowest, + are in the same predicament; and that this circumstance does not, + therefore, deprive them of the character of impartial and independent + arbiters. + </p> + <p> + These observations receive confirmation from every recent decision of the + supreme court of the United States, in which certain laws of individual + states have been sustained, in cases where, to say the least, it was very + questionable whether they did not infringe the provisions of the + constitution, and where a disposition to construe those previsions broadly + and extensively, would have found very plausible grounds to indulge itself + in annulling the state laws referred to. See the cases of <i>City of New + York vs. Miln</i>, 11th <i>Peters</i>, 103; <i>Briscoe vs. the Bank of the + Commonwealth of Kentucky</i>, ib., 257; <i>Charles River Bridge vs. Warren + Bridge</i>, ib., 420.—<i>American Ed.</i>} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + PROCEDURE OF THE FEDERAL COURTS. + </h3> + <p> + Natural Weakness of the judiciary Power in Confederations.—Legislators + ought to strive as much as possible to bring private Individuals, and not + States, before the federal Courts.—How the Americans have succeeded + in this.—Direct Prosecutions of private Individuals in the federal + Courts.—Indirect Prosecution in the States which violate the Laws of + the Union.—The Decrees of the Supreme Court enervate but do not + destroy the provincial Laws. + </p> + <p> + I have shown what the privileges of the federal courts are, and it is no + less important to point out the manner in which they are exercised. The + irresistible authority of justice in countries in which the sovereignty is + undivided, is derived from the fact that the tribunals of those countries + represent the entire nation at issue with the individual against whom + their decree is directed; and the idea of power is thus introduced to + corroborate the idea of right. But this is not always the case in + countries in which the sovereignty is divided: in them the judicial power + is more frequently opposed to a fraction of the nation than to an isolated + individual, and its moral authority and physical strength are consequently + diminished. In federal states the power of the judge is naturally + decreased, and that of the justiciable parties is augmented. The aim of + the legislator in confederate states ought therefore to be, to render the + position of the courts of justice analogous to that which they occupy in + countries where the sovereignty is undivided; in other words, his efforts + ought constantly to tend to maintain the judicial power of the + confederation as the representative of the nation, and the justiciable + party as the representative of an individual interest. + </p> + <p> + Every government, whatever may be its constitution, requires the means of + constraining its subjects to discharge their obligations, and of + protecting its privileges from their assaults. As far as the direct action + of the government on the community is concerned, the constitution of the + United States contrived, by a master-stroke of policy, that the federal + courts, acting in the name of the laws, should only take cognizance of + parties in an individual capacity. For, as it had been declared that the + Union consisted of one and the same people within the limits laid down by + the constitution, the inference was that the government created by this + constitution, and acting within these limits, was invested with all the + privileges of a national government, one of the principal of which is the + right of transmitting its injunctions directly to the private citizen. + When, for instance, the Union votes an impost, it does not apply to the + states for the levying of it, but to every American citizen, in proportion + to his assessment. The supreme court, which is empowered to enforce the + execution of this law of the Union, exerts its influence not upon a + refractory state, but upon the private taxpayer; and, like the judicial + power of other nations, it is opposed to the person of an individual. It + is to be observed that the Union chose its own antagonist; and as that + antagonist is feeble, he is naturally worsted. + </p> + <p> + But the difficulty increases when the proceedings are not brought forward + <i>by</i> but <i>against</i> the Union. The constitution recognizes the + legislative power of the state; and a law so enacted may impair the + privileges of the Union, in which case a collision is unavoidable between + that body and the state which had passed the law; and it only remains to + select the least dangerous remedy, which is very clearly deducible from + the general principles I have before established.{151} + </p> + <p> + It may be conceived that, in the case under consideration, the Union might + have sued the state before a federal court, which would have annulled the + act; and by this means it would have adopted a natural course of + proceeding: but the judicial power would have been placed in open + hostility to the state, and it was desirable to avoid this predicament as + much as possible. The Americans hold that it is nearly impossible that a + new law should not impair the interests of some private individuals by its + provisions: these private interests are assumed by the American + legislators as the ground of attack against such measures as may be + prejudicial to the Union, and it is to these cases that the protection of + the supreme court is extended. + </p> + <p> + Suppose a state vends a certain portion of its territory to a company, and + that a year afterwards it passes a law by which the territory is otherwise + disposed of, and that clause of the constitution, which prohibits laws + impairing the obligation of contracts, is violated. When the purchaser + under the second act appears to take possession, the possessor under the + first act brings his action before the tribunals of the Union, and causes + the title of the claimant to be pronounced null and void.{152} This, in + point of fact, the judicial power of the Union is contesting the claims of + the sovereignty of a state; but it only acts indirectly and upon a special + application of detail: it attacks the law in its consequences, not in its + principle, and it rather weakens than destroys it. + </p> + <p> + The last hypothesis that remained was that each state formed a corporation + enjoying a separate existence and distinct civil rights, and that it could + therefore sue or be sued before a tribunal. Thus a state could bring an + action against another state. In this instance, the Union was not called + upon to contest a provincial law, but to try a suit in which a state was a + party. This suit was perfectly similar to any other cause, except that the + quality of the parties was different; and here the danger pointed out at + the beginning of this chapter exists with less chance of being avoided. + The inherent disadvantage of the very essence of federal constitutions is, + that they engender parties in the bosom of the nation which present + powerful obstacles to the free course of justice. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + HIGH RANK OF THE SUPREME COURTS AMONG THE GREAT POWERS OF STATE. + </h3> + <p> + No Nation ever constituted so great a judicial Power as the Americans. + Extent of its Prerogative.—Its political Influence.—The + Tranquillity and the very Existence of the Union depend on the Discretion + of the seven federal Judges. + </p> + <p> + When we have successfully examined in detail the organization of the + supreme court, and the entire prerogatives which it exercises, we shall + readily admit that a more imposing judicial power was never constituted by + any people. The supreme court is placed at the head of all known + tribunals, both by the nature of its rights and the class of justiciable + parties which it controls. + </p> + <p> + In all the civilized countries of Europe, the government has always shown + the greatest repugnance to allow the cases to which it was itself a party + to be decided by the ordinary course of justice. This repugnance naturally + attains its utmost height in an absolute government; and, on the other + hand, the privileges of the courts of justice are extended with the + increasing liberties of the people; but no European nation has at present + held that all judicial controversies, without regard to their origin, can + be decided by the judges of common law. + </p> + <p> + In America this theory has been actually put in practice; and the supreme + court of the United States is the sole tribunal of the nation. Its power + extends to all the cases arising under laws and treaties made by the + executive and legislative authorities, to all cases of admiralty and + maritime jurisdiction, and in general to all points which affect the law + of nations. It may even be affirmed that, although its constitution is + essentially judicial, its prerogatives are almost entirely political. Its + sole object is to enforce the execution of the laws of the Union; and the + Union only regulates the relations of the government with the citizens, + and of the nation with foreign powers: the relations of citizens among + themselves are almost exclusively regulated by the sovereignty of the + states. + </p> + <p> + A second and still greater cause of the preponderance of this court may be + adduced. In the nations of Europe the courts of justice are only called + upon to try the controversies of private individuals; but the supreme + court of the United States summons sovereign powers to its bar. When the + clerk of the court advances on the steps of the tribunal, and simply says, + "The state of New York <i>versus</i> the state of Ohio," it is impossible + not to feel that the court which he addresses is no ordinary body; and + when it is recollected that one of these parties represents one million, + and the other two millions of men, one is struck by the responsibility of + the seven judges whose decision is about to satisfy or to disappoint so + large a number of their fellow-citizens. + </p> + <p> + The peace, the prosperity, and the very existence of the Union, are + invested in the hands of the seven judges. Without their active + co-operation the constitution would be a dead letter: the executive + appeals to them for assistance against the encroachments of the + legislative powers; the legislature demands their protection from the + designs of the executive; they defend the Union from the disobedience of + the states, the states from the exaggerated claims of the Union, the + public interest against the interests of private citizens, and the + conservative spirit of order against the fleeting innovations of + democracy. Their power is enormous, but it is clothed in the authority of + public opinion. They are the all-powerful guardians of a people which + respects law; but they would be impotent against popular neglect or + popular contempt. The force of public opinion is the most intractable of + agents, because its exact limits cannot be defined; and it is not less + dangerous to exceed, than to remain below the boundary prescribed. + </p> + <p> + The federal judges must not only be good citizens, and men possessed of + that information and integrity which are indispensable to magistrates, but + they must be statesmen—politicians, not unread in the signs of the + times, not afraid to brave the obstacles which can be subdued, nor slow to + turn aside such encroaching elements as may threaten the supremacy of the + Union and the obedience which is due to the laws. + </p> + <p> + The president, who exercises a limited power, may err without causing + great mischief in the state. Congress may decide amiss without destroying + the Union, because the electoral body in which congress originates may + cause it to retract its decision by changing its members. But if the + supreme court is ever composed of imprudent men or bad citizens, the Union + may be plunged into anarchy or civil war. + </p> + <p> + The real cause of this danger, however, does not lie in the constitution + of the tribunal, but in the very nature of federal governments. We have + observed that in confederate peoples it is especially necessary to + consolidate the judicial authority, because in no other nations do those + independent persons who are able to cope with the social body, exist, in + greater power or in a better condition to resist the physical strength of + the government. But the more a power requires to be strengthened, the more + extensive and independent it must be made; and the dangers which its abuse + may create are heightened by its independence and its strength. The source + of the evil is not, therefore, in the constitution of the power, but in + the constitution of those states which renders its existence necessary. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + IN WHAT RESPECTS THE FEDERAL CONSTITUTION IS SUPERIOR TO THAT OF THE + STATES. + </p> + <p> + In what respects the Constitution of the Union can be compared to that of + the States.—Superiority of the Constitution of the Union + attributable to the Wisdom of the federal Legislators.—Legislature + of the Union less dependent on the People than that of the States.—Executive + Power more independent in its Sphere.—Judicial Power less subjected + to the Inclinations of the Majority.—Practical Consequences of these + Facts.—The Dangers inherent in a democratic Government eluded by the + federal Legislators, and increased by the Legislators of the States. + </p> + <p> + The federal constitution differs essentially from that of the states in + the ends which it is intended to accomplish; but in the means by which + these ends are promoted, a greater analogy exists between them. The + objects of the governments are different, but their forms are the same; + and in this special point of view there is some advantage in comparing + them together. + </p> + <p> + I am of opinion that the federal constitution is superior to all the + constitutions of the states, for several reasons. + </p> + <p> + The present constitution of the Union was formed at a later period than + those of the majority of the states, and it may have derived some + melioration from past experience. But we shall be led to acknowledge that + this is only a secondary cause of its superiority, when we recollect that + eleven new states have been added to the American confederation since the + promulgation of the federal constitution, and that these new republics + have always rather exaggerated than avoided the defects which existed in + the former constitutions. + </p> + <p> + The chief cause of the superiority of the federal constitution lay in the + character of the legislators who composed it. At the time when it was + formed the dangers of the confederation were imminent, and its ruin seemed + inevitable. In this extremity the people chose the men who most deserved + the esteem, rather than those who had gained the affections of the + country. I have already observed, that distinguished as almost all the + legislators of the Union were for their intelligence, they were still more + so for their patriotism. They had all been nurtured at a time when the + spirit of liberty was braced by a continual struggle against a powerful + and predominant authority. When the contest was terminated, while the + excited passions of the populace persisted in warring with dangers which + had ceased to threaten them, these men stopped short in their career; they + cast a calmer and more penetrating look upon the country which was now + their own; they perceived that the war of independence was definitely + ended, and that the only dangers which America had to fear were those + which might result from the abuse of the freedom she had won. They had the + courage to say what they believed to be true, because they were animated + by a warm and sincere love of liberty; and they ventured to propose + restrictions, because they were resolutely opposed to destruction.{153} + </p> + <p> + The greater number of the constitutions of the states assign one year for + the duration of the house of representatives, and two years for that of + the senate; so that members of the legislative body are constantly and + narrowly tied down by the slightest desires of their constituents. The + legislators of the Union were of opinion that this excessive dependence of + the legislature tended to alter the nature of the main consequences of the + representative system, since it vested the source not only of authority, + but of government, in the people. They increased the length of the time + for which the representatives were returned, in order to give them freer + scope for the exercise of their own judgment. + </p> + <p> + The federal constitution, as well as the constitutions of the different + states, divided the legislative body into two branches. But in the states + these two branches were composed of the same elements and elected in the + same manner. The consequence was that the passions and inclinations of the + populace were as rapidly and as energetically represented in one chamber + as in the other, and that laws were made with all the characteristics of + violence and precipitation. By the federal constitution the two houses + originate in like manner in the choice of the people; but the conditions + of eligibility and the mode of election were changed, to the end that if, + as is the case in certain nations, one branch of the legislature + represents the same interests as the other, it may at least represent a + superior degree of intelligence and discretion. A mature age was made one + of the conditions of the senatorial dignity, and the upper house was + chosen by an elected assembly of a limited number of members. + </p> + <p> + To concentrate the whole social force in the hands of the legislative body + is the natural tendency of democracies; for as this is the power which + emanates the most directly from the people, it is made to participate most + fully in the preponderating authority of the multitude, and it is + naturally led to monopolise every species of influence. This concentration + is at once prejudicial to a well-conducted administration, and favorable + to the despotism of the majority. The legislators of the states frequently + yielded to these democratic propensities, which were invariably and + courageously resisted by the founders of the Union. + </p> + <p> + In the states the executive power is vested in the hands of a magistrate, + who is apparently placed upon a level with the legislature, but who is in + reality nothing more than the blind agent and the passive instrument of + its decisions. He can derive no influence from the duration of his + functions, which terminate with the revolving year, or from the exercise + of prerogatives which can scarcely be said to exist. The legislature can + condemn him to inaction by intrusting the execution of the laws to special + committees of its own members, and can annul his temporary dignity by + depriving him of his salary. The federal constitution vests all the + privileges and all the responsibility of the executive power in a single + individual. The duration of the presidency is fixed at four years; the + salary of the individual who fills that office cannot be altered during + the term of his functions; he is protected by a body of official + dependents, and armed with a suspensive veto. In short, every effort was + made to confer a strong and independent position upon the executive + authority, within the limits which had been prescribed to it. + </p> + <p> + In the constitution of all the states the judicial power is that which + remains the most independent of the legislative authority: nevertheless, + in all the states the legislature has reserved to itself the right of + regulating the emoluments of the judges, a practice which necessarily + subjects these magistrates to its immediate influence. In some states the + judges are only temporarily appointed, which deprives them of a great + portion of their power and their freedom. In others the legislative and + judicial powers are entirely confounded: thus the senate of New York, for + instance, constitutes in certain cases the superior court of the state. + The federal constitution, on the other hand, carefully separates the + judicial authority from all external influences: and it provides for the + independence of the judges, by declaring that their salary shall not be + altered, and that their functions shall be inalienable. + </p> + <p> + {It is not universally correct, as supposed by the author, that the state + legislatures can deprive their governor of his salary at pleasure. In the + constitution of New York it is provided, that the governor "shall receive + for his services a compensation which shall neither be increased nor + diminished during the term for which he shall have been elected;" and + similar provisions are believed to exist in other states. Nor is the + remark strictly correct, that the federal constitution "provides for the + independence of the judges, by declaring that their salary shall not be <i>altered</i>." + The provision of the constitution is, that they shall, "at stated times, + receive for their services a compensation which shall not be diminished + during their continuance in office."—<i>American Editor</i>.} + </p> + <p> + The practical consequences of these different systems may easily be + perceived. An attentive observer will soon remark that the business of the + Union is incomparably better conducted than that of any individual state. + The conduct of the federal government is more fair and more temperate than + that of the states; its designs are more fraught with wisdom, its projects + are more durable and more skilfully combined, its measures are put into + execution with more vigor and consistency. + </p> + <p> + I recapitulate the substance of this chapter in a few words:— + </p> + <p> + The existence of democracies is threatened by two dangers, viz.: the + complete subjection of the legislative body to the caprices of the + electoral body; and the concentration of all the powers of the government + in the legislative authority. + </p> + <p> + The growth of these evils has been encouraged by the policy of the + legislators of the states; but it has been resisted by the legislators of + the Union by every means which lay within their control. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + CHARACTERISTICS WHICH DISTINGUISH THE FEDERAL CONSTITUTION OF THE UNITED + STATES OF AMERICA FROM ALL OTHER FEDERAL CONSTITUTIONS. + </p> + <p> + American Union appears to resemble all other Confederations.—Nevertheless + its Effects are different.—Reason of this.—Distinctions + between the Union and all other Confederations.—The American + Government not a Federal, but an imperfect National Government. + </p> + <p> + The United States of America do not afford either the first or the only + instance of confederate states, several of which have existed in modern + Europe, without adverting to those of antiquity. Switzerland, the Germanic + empire, and the republic of the United Provinces, either have been or + still are confederations. In studying the constitutions of these different + countries, the politician is surprised to observe that the powers with + which they invested the federal government are nearly identical with the + privileges awarded by the American constitution to the government of the + United States. They confer upon the central power the same rights of + making peace and war, of raising money and troops, and of providing for + the general exigencies and the common interests of the nation. + Nevertheless the federal government of these different people has always + been as remarkable for its weakness and inefficiency as that of the Union + is for its vigorous and enterprising spirit. Again, the first American + confederation perished through the excessive weakness of its government; + and this weak government was, notwithstanding, in possession of rights + even more extensive than those of the federal government of the present + day. But the more recent constitution of the United States contains + certain principles which exercise a most important influence, although + they do not at once strike the observer. + </p> + <p> + This constitution, which may at first sight be confounded with the federal + constitutions which preceded it, rests upon a novel theory, which may be + considered as a great invention in modern political science. In all the + confederations which had been formed before the American constitution of + 1789, the allied states agreed to obey the injunctions of a federal + government: but they reserved to themselves the right of ordaining and + enforcing the execution of the laws of the Union. The American states + which combined in 1789 agreed that the federal government should not only + dictate the laws, but it should execute its own enactments. In both cases + the right is the same, but the exercise of the right is different; and + this alteration produced the most momentous consequences. + </p> + <p> + In all the confederations which have been formed before the American + Union, the federal government demanded its supplies at the hands of the + separate governments; and if the measure it prescribed was onerous to any + one of those bodies, means were found to evade its claims: if the state + was powerful, it had recourse to arms; if it was weak, it connived at the + resistance which the law of the Union, its sovereign, met with, and + resorted to inaction under the plea of inability. Under these + circumstances one of two alternatives has invariably occurred: either the + most preponderant of the allied peoples has assumed the privileges of the + federal authority, and ruled all the other states in its name,{154} or the + federal government has been abandoned by its natural supporters, anarchy + has arisen between the confederates, and the Union has lost all power of + action.{155} + </p> + <p> + In America the subjects of the Union are not states, but private citizens: + the national government levies a tax, not upon the state of Massachusetts, + but upon each inhabitant of Massachusetts. All former confederate + governments presided over communities, but that of the Union rules + individuals; its force is not borrowed, but self-derived; and it is served + by its own civil and military officers, by its own army, and its own + courts of justice. It cannot be doubted that the spirit of the nation, the + passions of the multitude, and the provincial prejudices of each state, + tend singularly to diminish the authority of a federal authority thus + constituted, and to facilitate the means of resistance to its mandates; + but the comparative weakness of a restricted sovereignty is an evil + inherent in the federal system. In America, each state has fewer + opportunities of resistance, and fewer temptations to non-compliance; nor + can such a design be put in execution (if indeed it be entertained), + without an open violation of the laws of the Union, a direct interruption + of the ordinary course of justice, and a bold declaration of revolt; in a + word, without a decisive step, which men hesitate to adopt. + </p> + <p> + In all former confederations, the privileges of the Union furnished more + elements of discord than of power, since they multiplied the claims of the + nation without augmenting the means of enforcing them: and in accordance + with this fact it may be remarked, that the real weakness of federal + governments has almost always been in the exact ratio of their nominal + power. Such is not the case with the American Union, in which, as in + ordinary governments, the federal government has the means of enforcing + all it is empowered to demand. + </p> + <p> + The human understanding more easily invents new things than new words, and + we are thence constrained to employ a multitude of improper and inadequate + expressions. When several nations form a permanent league, and establish a + supreme authority, which, although it has not the same influence over the + members of the community as a national government, acts upon each of the + confederate states in a body, this government, which is so essentially + different from all others, is denominated a federal one. Another form of + society is afterward discovered, in which several peoples are fused into + one and the same nation with regard to certain common interests, although + they remain distinct, or at least only confederate, with regard to all + their other concerns. In this case the central power acts directly upon + those whom it governs, whom it rules, and whom it judges, in the same + manner as, but in a more limited circle than, a national government. Here + the term of federal government is clearly no longer applicable to a state + of things which must be styled an incomplete national government: a form + of government has been found out which is neither exactly national nor + federal; but no farther progress has been made, and the new word which + will one day designate this novel invention does not yet exist. + </p> + <p> + The absence of this new species of confederation has been the cause which + has brought all unions to civil war, to subjection, or to a stagnant + apathy; and the peoples which formed these leagues have been either too + dull to discern, or too pusillanimous to apply this great remedy. The + American confederation perished by the same defects. + </p> + <p> + But the confederate states of America had been long accustomed to form a + portion of one empire before they had won their independence: they had not + contracted the habit of governing themselves, and their national + prejudices had not taken deep root in their minds. Superior to the rest of + the world in political knowledge, and sharing that knowledge equally among + themselves, they were little agitated by the passions which generally + oppose the extension of federal authority in a nation, and those passions + were checked by the wisdom of the chief citizens. + </p> + <p> + The Americans applied the remedy with prudent firmness as soon as they + were conscious of the evil; they amended their laws, and they saved their + country. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + ADVANTAGES OF THE FEDERAL SYSTEM IN GENERAL, AND ITS SPECIAL UTILITY IN + AMERICA. + </p> + <p> + Happiness and Freedom of small Nations.—Power of Great Nations.—Great + Empires favorable to the Growth of Civilisation.—Strength often the + first Element of national Prosperity.—Aim of the federal System to + unite the twofold Advantages resulting from a small and from a large + Territory.—Advantages derived by the United States from this System.—The + Law adapts itself to the Exigencies of the Population; Population does not + conform to the Exigencies of the Law.—Activity, Melioration, Love, + and Enjoyment of Freedom in the American Communities.—Public Spirit + of the Union the abstract of provincial Patriotism.—Principles and + Things circulate freely over the Territory of the United States.—The + Union is happy and free as a little Nation, and respected as a great + Empire. + </p> + <p> + In small nations the scrutiny of society penetrates into every part, and + the spirit of improvement enters into the most trifling details; as the + ambition of the people is necessarily checked by its weakness, all the + efforts and resources of the citizens are turned to the internal benefit + of the community, and are not likely to evaporate in the fleeting breath + of glory. The desires of every individual are limited, because + extraordinary faculties are rarely to be met with. The gifts of an equal + fortune render the various conditions of life uniform; and the manners of + the inhabitants are orderly and simple. Thus, if we estimate the + gradations of popular morality and enlightenment, we shall generally find + that in small nations there are more persons in easy circumstances, a more + numerous population, and a more tranquil state of society than in great + empires. + </p> + <p> + When tyranny is established in the bosom of a small nation, it is more + galling than elsewhere, because, as it acts within a narrow circle, every + point of that circle is subject to its direct influence. It supplies the + place of those great designs which it cannot entertain, by a violent or an + exasperating interference in a multitude of minute details; and it leaves + the political world to which it properly belongs, to meddle with the + arrangements of domestic life. Tastes as well as actions are to be + regulated at its pleasure; and the families of the citizens as well as the + affairs of the state are to be governed by its decisions. This invasion of + rights occurs, however, but seldom, and freedom is in truth the natural + state of small communities. The temptations which the government offers to + ambition are too weak, and the resources of private individuals are too + slender, for the sovereign power easily to fall within the grasp of a + single citizen: and should such an event have occurred, the subjects of + the state can without difficulty overthrow the tyrant and his oppression + by a simultaneous effort. + </p> + <p> + Small nations have therefore ever been the cradles of political liberty: + and the fact that many of them have lost their immunities by extending + their dominion, shows that the freedom they enjoyed was more a consequence + of their inferior size than of the character of the people. + </p> + <p> + The history of the world affords no instance of a great nation retaining + the form of a republican government for a long series of years,{156} and + this had led to the conclusion that such a state of things is + impracticable. For my own part, I cannot but censure the imprudence of + attempting to limit the possible, and to judge the future, on the part of + a being who is hourly deceived by the most palpable realities of life, and + who is constantly taken by surprise in the circumstances with which he is + most familiar. But it may be advanced with confidence that the existence + of a great republic will always be exposed to far greater perils than that + of a small one. + </p> + <p> + All the passions which are most fatal to republican institutions spread + with an increasing territory, while the virtues which maintain their + dignity do not augment in the same proportion. The ambition of the + citizens increases with the power of the state; the strength of parties, + with the importance of the ends they have in view; but that devotion to + the common weal, which is the surest check on destructive passions, is not + stronger in a large than in a small republic. It might, indeed, be proved + without difficulty that it is less powerful and less sincere. The + arrogance of wealth and the dejection of wretchedness, capital cities of + unwonted extent, a lax morality, a vulgar egotism, and a great confusion + of interests, are the dangers which almost invariably arise from the + magnitude of states. But several of these evils are scarcely prejudicial + to a monarchy, and some of them contribute to maintain its existence. In + monarchical states the strength of the government is its own; it may use, + but it does not depend on, the community: and the authority of the prince + is proportioned to the prosperity of the nation: but the only security + which a republican government possesses against these evils lies in the + support of the majority. This support is not, however, proportionably + greater in a large republic than it is in a small one; and thus while the + means of attack perpetually increase both in number and in influence, the + power of resistance remains the same; or it may rather be said to + diminish, since the propensities and interests of the people are + diversified by the increase of the population, and the difficulty of + forming a compact majority is constantly augmented. It has been observed, + moreover, that the intensity of human passions is heightened, not only by + the importance of the end which they propose to attain, but by the + multitude of individuals who are animated by them at the same time. Every + one has had occasion to remark that his emotions in the midst of a + sympathizing crowd are far greater than those which he would have felt in + solitude. In great republics the impetus of political passion is + irresistible, not only because it aims at gigantic purposes, but because + it is felt and shared by millions of men at the same time. + </p> + <p> + It may therefore be asserted as a general proposition, that nothing is + more opposed to the well-being and the freedom of man than vast empires. + Nevertheless it is important to acknowledge the peculiar advantages of + great states. For the very reason which renders the desire of power more + intense in these communities than among ordinary men, the love of glory is + also more prominent in the hearts of a class of citizens, who regard the + applause of a great people as a reward worthy of their exertions, and an + elevating encouragement to man. If we would learn why it is that great + nations contribute more powerfully to the spread of human improvement than + small states, we shall discover an adequate cause in the rapid and + energetic circulation of ideas, and in those great cities which are the + intellectual centres where all the rays of human genius are reflected and + combined. To this it may be added that most important discoveries demand a + display of national power which the government of a small state is unable + to make; in great nations the government entertains a greater number of + general notions, and is more completely disengaged from the routine of + precedent and the egotism of local prejudice; its designs are conceived + with more talent, and executed with more boldness. + </p> + <p> + In time of peace the well-being of small nations is undoubtedly more + general and more complete; but they are apt to suffer more acutely from + the calamities of war than those great empires whose distant frontiers may + for ages avert the presence of the danger from the mass of the people, + which is more frequently afflicted than ruined by the evil. + </p> + <p> + But in this matter, as in many others, the argument derived from the + necessity of the case predominates over all others. If none but small + nations existed, I do not doubt that mankind would be more happy and more + free; but the existence of great nations is unavoidable. + </p> + <p> + This consideration introduces the element of physical strength as a + condition of national prosperity. + </p> + <p> + It profits a people but little to be affluent and free, if it is + perpetually exposed to be pillaged or subjugated; the number of its + manufactures and the extent of its commerce are of small advantage, if + another nation has the empire of the seas and gives the law in all the + markets of the globe. Small nations are often impoverished, not because + they are small, but because they are weak; and great empires prosper less + because they are great than because they are strong. Physical strength is + therefore one of the first conditions of the happiness and even of the + existence of nations. Hence it occurs, that unless very peculiar + circumstances intervene, small nations are always united to large empires + in the end, either by force or by their own consent; yet I am unacquainted + with a more deplorable spectacle than that of a people unable either to + defend or to maintain its independence. + </p> + <p> + The federal system was created with the intention of combining the + different advantages which result from the greater and the lesser extent + of nations; and a single glance over the United States of America suffices + to discover the advantages which they have derived from its adoption. + </p> + <p> + In great centralized nations the legislator is obliged to impart a + character of uniformity to the laws, which does not always suit the + diversity of customs and of districts; as he takes no cognizance of + special cases, he can only proceed upon general principles; and the + population is obliged to conform to the exigencies of the legislation, + since the legislation cannot adapt itself to the exigencies and customs of + the population; which is the cause of endless trouble and misery. This + disadvantage does not exist in confederations; congress regulates the + principal measures of the national government, and all the details of the + administration are reserved to the provincial legislatures. It is + impossible to imaging how much this division of sovereignty contributes to + the well-being of each of the states which compose the Union. In these + small communities, which are never agitated by the desire of + aggrandizement or the cares of self-defence, all public authority and + private energy is employed in internal melioration. The central government + of each state, which is in immediate juxtaposition to the citizens, is + daily apprised of the wants which arise in society; and new projects are + proposed every year, which are discussed either at town-meetings or by the + legislature of the state, and which are transmitted by the press to + stimulate the zeal and to excite the interest of the citizens. This spirit + of melioration is constantly alive in the American republics, without + compromising their tranquillity; the ambition of power yields to the less + refined and less dangerous love of comfort. It is generally believed in + America that the existence and the permanence of the republican form of + government in the New World depend upon the existence and the permanence + of the federal system; and it is not unusual to attribute a large share of + the misfortunes which have befallen the new states of South America to the + injudicious erection of great republics, instead of a divided and + confederate sovereignty. + </p> + <p> + It is incontestably true that the love and the habits of republican + government in the United States were engendered in the townships and in + the provincial assemblies. In a small state, like that of Connecticut for + instance, where cutting a canal or laying down a road is a momentous + political question, where the state has no army to pay and no wars to + carry on, and where much wealth and much honor cannot be bestowed upon the + chief citizens, no form of government can be more natural or more + appropriate than that of a republic. But it is this same republican + spirit, it is these manners and customs of a free people, which are + engendered and nurtured in the different states, to be afterward applied + to the country at large. The public spirit of the Union is, so to speak, + nothing more than an abstract of the patriotic zeal of the provinces. + Every citizen of the United States transfuses his attachment to his little + republic into the common store of American patriotism. In defending the + Union, he defends the increasing prosperity of his own district, the right + of conducting its affairs, and the hope of causing measures of improvement + to be adopted which may be favorable to his own interests; and these are + motives which are wont to stir men more readily than the general interests + of the country and the glory of the nation. + </p> + <p> + On the other hand, if the temper and the manners of the inhabitants + especially fitted them to promote the welfare of a great republic, the + federal system smoothed the obstacles which they might have encountered. + The confederation of all the American states presents none of the ordinary + disadvantages resulting from great agglomerations of men. The Union is a + great republic in extent, but the paucity of objects for which its + government provides assimilates it to a small state. Its acts are + important, but they are rare. As the sovereignty of the Union is limited + and incomplete, its exercise is not incompatible with liberty; for it does + not excite those insatiable desires of fame and power which have proved so + fatal to great republics. As there is no common centre to the country, + vast capital cities, colossal wealth, abject poverty, and sudden + revolutions are alike unknown; and political passion, instead of spreading + over the land like a torrent of desolation, spends its strength against + the interests and the individual passions of every state. + </p> + <p> + Nevertheless, all commodities and ideas circulate throughout the Union as + freely as in a country inhabited by one people. Nothing checks the spirit + of enterprise. The government avails itself of the assistance of all who + have talents or knowledge to serve it. Within the frontiers of the Union + the profoundest peace prevails, as within the heart of some great empire; + abroad, it ranks with the most powerful nations of the earth: two thousand + miles of coast are open to the commerce of the world; and as it possesses + the keys of the globe, its flag is respected in the most remote seas. The + Union is as happy and as free as a small people, and as glorious and as + strong as a great nation. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + WHY THE FEDERAL SYSTEM IS NOT ADAPTED TO ALL PEOPLES, AND HOW THE + ANGLO-AMERICANS WERE ENABLED TO ADOPT IT. + </p> + <p> + Every federal System contains defects which baffle the efforts of the + Legislator.—The federal System is complex.—It demands a daily + Exercise of Discretion on the Part of the Citizens.—Practical + knowledge of the Government common among the Americans.—Relative + weakness of the Government of the Union another defect inherent in the + federal System.—The Americans have diminished without remedying it.—The + Sovereignty of the separate States apparently weaker, but really stronger, + than that of the Union.—Why.—Natural causes of Union must + exist between confederate Peoples beside the Laws.—What these Causes + are among the Anglo-Americans.—Maine and Georgia, separated by a + Distance of a thousand Miles, more naturally united than Normandy and + Britany.—War, the main Peril of Confederations.—This proved + even by the Example of the United States.—The Union has no great + Wars to fear.—Why.—Dangers to which Europeans would be exposed + if they adopted the federal System of the Americans. + </p> + <p> + When a legislator succeeds, after persevering efforts, in exercising an + indirect influence upon the destiny of nations, his genius is lauded by + mankind, while in point of fact, the geographical position of the country + which he is unable to change, a social condition which arose without his + co-operation, manners and opinions which he cannot trace to their source, + and an origin with which he is unacquainted, exercise so irresistible an + influence over the courses of society, that he is himself borne away by + the current, after an ineffectual resistance. Like the navigator, he may + direct the vessel which bears him along, but he can neither change its + structure, nor raise the winds, nor lull the waters which swell beneath + him. + </p> + <p> + I have shown the advantages which the Americans derive from their federal + system; it remains for me to point out the circumstances which render that + system practicable, as its benefits are not to be enjoyed by all nations. + The incidental defects of the federal system which originate in the laws + may be corrected by the skill of the legislator, but there are farther + evils inherent in the system which cannot be counteracted by the peoples + which adopt it. These nations must therefore find the strength necessary + to support the natural imperfections of the government. + </p> + <p> + The most prominent evil of all federal systems is the very complex nature + of the means they employ. Two sovereignties are necessarily in the + presence of each other. The legislator may simplify and equalize the + action of these two sovereignties, by limiting each of them to a sphere of + authority accurately defined; but he cannot combine them into one, or + prevent them from running into collision at certain points. The federal + system therefore rests upon a theory which is necessarily complicated, and + which demands the daily exercise of a considerable share of discretion on + the part of those it governs. + </p> + <p> + A proposition must be plain to be adopted by the understanding of a + people. A false notion, which is clear and precise, will always meet with + a greater number of adherents in the world than a true principle which is + obscure or involved. Hence it arises that parties, which are like small + communities in the heart of the nation, invariably adopt some principle or + some name as a symbol, which very inadequately represents the end they + have in view, and the means which are at their disposal, but without which + they could neither act nor subsist. The governments which are founded upon + a single principle or a single feeling which is easily defined, are + perhaps not the best, but they are unquestionably the strongest and the + most durable in the world. + </p> + <p> + In examining the constitution of the United States, which is the most + perfect federal constitution that ever existed, one is startled, on the + other hand, at the variety of information and the excellence of discretion + which it presupposes in the people whom it is meant to govern. The + government of the Union depends entirely upon legal fictions; the Union is + an ideal notion which only exists in the mind, and whose limits and extent + can only be discerned by the understanding. + </p> + <p> + When once the general theory is comprehended, numerous difficulties remain + to be solved in its application; for the sovereignty of the Union is so + involved in that of the states, that it is impossible to distinguish its + boundaries at the first glance. The whole structure of the government is + artificial and conventional; and it would be ill-adapted to a people which + has not long been accustomed to conduct its own affairs, or to one in + which the science of politics has not descended to the humblest classes of + society. I have never been more struck by the good sense and the practical + judgment of the Americans than in the ingenious devices by which they + elude the numberless difficulties resulting from their federal + constitution. I scarcely ever met with a plain American citizen who could + not distinguish, with surprising facility, the obligations created by the + laws of congress from those created by the laws of his own state; and who, + after having discriminated between the matters which come under the + cognizance of the Union, and those which the local legislature is + competent to regulate, could not point out the exact limit of the several + jurisdictions of the federal courts and the tribunals of the state. + </p> + <p> + The constitution of the United States is like those exquisite productions + of human industry which ensure wealth and renown to their inventors, but + which are profitless in any other hands. This truth is exemplified by the + condition of Mexico at the present time. The Mexicans were desirous of + establishing a federal system, and they took the federal constitution of + their neighbors the Anglo-Americans as their model, and copied it with + considerable accuracy.{157} But although they had borrowed the letter of + the law, they were unable to create or to introduce the spirit and the + sense which gave it life. They were involved in ceaseless embarrassments + between the mechanism of their double government; the sovereignty of the + states and that of the Union perpetually exceeded their respective + privileges, and entered into collision; and to the present day Mexico is + alternately the victim of anarchy and the slave of military despotism. + </p> + <p> + The second and the most fatal of all the defects I have alluded to, and + that which I believe to be inherent in the federal system, is the relative + weakness of the government of the Union. The principle upon which all + confederations rest is that of a divided sovereignty. The legislator may + render this partition less perceptible, he may even conceal it for a time + from the public eye, but he cannot prevent it from existing; and a divided + sovereignty must always be less powerful than an entire supremacy. The + reader has seen in the remarks I have made on the constitution of the + United States, that the Americans have displayed singular ingenuity in + combining the restriction of the power of the Union within the narrow + limits of the federal government, with the semblance, and to a certain + extent with the force of a national government. By this means the + legislators of the Union have succeeded in diminishing, though not in + counteracting, the natural danger of confederations. + </p> + <p> + It has been remarked that the American government does not apply itself to + the states, but that it immediately transmits its injunctions to the + citizens, and compels them as isolated individuals to comply with its + demands. But if the federal law were to clash with the interests and + prejudices of a state, it might be feared that all the citizens of that + state would conceive themselves to be interested in the cause of a single + individual who should refuse to obey. If all the citizens of the state + were aggrieved at the same time and in the same manner by the authority of + the Union, the federal government would vainly attempt to subdue them + individually; they would instinctively unite in the common defence, and + they would derive a ready-prepared organization from the share of + sovereignty which the institution of their state allows them to enjoy. + Fiction would give way to reality, and an organized portion of the + territory might then contest the central authority. + </p> + <p> + The same observation holds good with regard to the federal jurisdiction. + If the courts of the Union violated an important law of a state in a + private case, the real, if not the apparent contest would arise between + the aggrieved state, represented by a citizen, and the Union, represented + by its courts of justice.{158} + </p> + <p> + He would have but a partial knowledge of the world who should imagine that + it is possible, by the aid of legal fictions, to prevent men from finding + out and employing those means of gratifying their passions which have been + left open to them; and it may be doubted whether the American legislators, + when they rendered a collision between the two sovereignties less + probable, destroyed the causes of such a misfortune. But it may even be + affirmed that they were unable to ensure the preponderance of the federal + element in a case of this kind. The Union is possessed of money and of + troops, but the affections and the prejudices of the people are in the + bosom of the states. The sovereignty of the Union is an abstract being, + which is connected with but few external objects; the sovereignty of the + states is hourly perceptible, easily understood, constantly active; and if + the former is of recent creation, the latter is coeval with the people + itself. The sovereignty of the Union is factitious, that of the states is + natural, and derives its existence from its own simple influence, like the + authority of a parent. The supreme power of the nation affects only a few + of the chief interests of society; it represents an immense but remote + country, and claims a feeling of patriotism which is vague and + ill-defined; but the authority of the states controls every individual + citizen at every hour and in all circumstances; it protects his property, + his freedom, and his life; and when we recollect the traditions, the + customs, the prejudices of local and familiar attachment with which it is + connected, we cannot doubt the superiority of a power which is interwoven + with every circumstance that renders the love of one's native country + instinctive to the human heart. + </p> + <p> + Since legislators are unable to obviate such dangerous collisions as occur + between the two sovereignties which co-exist in the federal system, their + first object must be, not only to dissuade the confederate states from + warfare, but to encourage such institutions as may promote the maintenance + of peace. Hence it results that the federal compact cannot be lasting + unless there exists in the communities which are leagued together, a + certain number of inducements to union which render their common + dependance agreeable, and the task of the government light; and that + system cannot succeed without the presence of favorable circumstances + added to the influence of good laws. All the people which have ever formed + a confederation have been held together by a certain number of common + interests, which served as the intellectual ties of association. + </p> + <p> + But the sentiments and the principles of man must be taken into + consideration as well as his immediate interest. A certain uniformity of + civilisation is not less necessary to the durability of a confederation, + than a uniformity of interests in the states which compose it. In + Switzerland the difference which exists between the canton of Uri and the + canton of Vaud is equal to that between the fifteenth and nineteenth + centuries; and, properly speaking, Switzerland has never possessed a + federal government. The Union between these two cantons only subsists upon + the map; and their discrepancies would soon be perceived if an attempt + were made by a central authority to prescribe the same laws to the whole + territory. + </p> + <p> + One of the circumstances which most powerfully contribute to support the + federal government in America, is that the states have not only similar + interests, a common origin, and a common tongue, but that they are also + arrived at the same stage of civilisation; which almost always renders a + union feasible. I do not know of any European nation, how small soever it + may be, which does not present less uniformity in its different provinces + than the American people, which occupies a territory as extensive as one + half of Europe. The distance from the state of Maine to that of Georgia is + reckoned at about one thousand miles; but the difference between the + civilisation of Maine and that of Georgia is slighter than the difference + between the habits of Normandy and those of Britany. Maine and Georgia, + which are placed at the opposite extremities of a great empire, are + consequently in the natural possession of more real inducements to form a + confederation than Normandy and Britany, which are only separated by a + bridge. + </p> + <p> + The geographical position of the country contributed to increase the + facilities which the American legislators derived from the manners and + customs of the inhabitants; and it is to this circumstance that the + adoption and the maintenance of the federal system are mainly + attributable. + </p> + <p> + The most important occurrence which can mark the annals of a people is the + breaking out of a war. In war a people struggle with the energy of a + single man against foreign nations, in the defence of its very existence. + The skill of a government, the good sense of the community, and the + natural fondness which men entertain for their country, may suffice to + maintain peace in the interior of a district, and to favor its internal + prosperity; but a nation can only carry on a great war at the cost of more + numerous and more painful sacrifices; and to suppose that a great number + of men will of their own accord comply with the exigencies of the state, + is to betray an ignorance of mankind. All the peoples which have been + obliged to sustain a long and serious warfare have consequently been led + to augment the power of their government. Those which have not succeeded + in this attempt have been subjugated. A long war almost always places + nations in the wretched alternative of being abandoned to ruin by defeat, + or to despotism by success. War therefore renders the symptoms of the + weakness of a government most palpable and most alarming; and I have shown + that the inherent defect of federal governments is that of being weak. + </p> + <p> + The federal system is not only deficient in every kind of centralized + administration, but the central government itself is imperfectly + organized, which is invariably an influential cause of inferiority when + the nation is opposed to other countries which are themselves governed by + a single authority. In the federal constitution of the United States, by + which the central government possesses more real force, this evil is still + extremely sensible. An example will illustrate the case to the reader. + </p> + <p> + The constitution confers upon congress the right of "calling forth militia + to execute the laws of the Union, suppress insurrections, and repel + invasions;" and another article declares that the president of the United + States is the commander-in-chief of the militia. In the war of 1812, the + president ordered the militia of the northern states to march to the + frontiers; but Connecticut and Massachusetts, whose interests were + impaired by the war, refused to obey the command. They argued that the + constitution authorizes the federal government to call forth the militia + in cases of insurrection or invasion, but that, in the present instance, + there was neither invasion nor insurrection. They added, that the same + constitution which conferred upon the Union the right of calling forth the + militia, reserved to the states that of naming the officers; and that + consequently (as they understood the clause) no officer of the Union had + any right to command the militia, even during war, except the president in + person: and in this case they were ordered to join an army commanded by + another individual. These absurd and pernicious doctrines received the + sanction not only of the governors and legislative bodies, but also of the + courts of justice in both states; and the federal government was + constrained to raise elsewhere the troops which it required.{159} + </p> + <p> + The only safeguard which the American Union, with all the relative + perfection of its laws, possesses against the dissolution which would be + produced by a great war, lies in its probable exemption from that + calamity. Placed in the centre of an immense continent, which offers a + boundless field for human industry, the Union is almost as much insulated + from the world as if its frontiers were girt by the ocean. Canada contains + only a million of inhabitants, and its population is divided into two + inimical nations. The rigor of the climate limits the extension of its + territory, and shuts up its ports during the six months of winter. From + Canada to the Gulf of Mexico a few savage tribes are to be met with, which + retire, perishing in their retreat, before six thousand soldiers. To the + south, the Union has a point of contact with the empire of Mexico; and it + is thence that serious hostilities may one day be expected to arise. But + for a long while to come, the uncivilized state of the Mexican community, + the depravity of its morals, and its extreme poverty, will prevent that + country from ranking high among nations. As for the powers of Europe, they + are too distant to be formidable.{160} + </p> + <p> + The great advantage of the United States does not, then, consist in a + federal constitution which allows them to carry on great wars, but in a + geographical position, which renders such enterprises improbable. + </p> + <p> + No one can be more inclined than I am myself to appreciate the advantages + of the federal system, which I hold to be one of the combinations most + favorable to the prosperity and freedom of man. I envy the lot of those + nations which have been enabled to adopt it; but I cannot believe that any + confederate peoples could maintain a long or an equal contest with a + nation of similar strength in which the government should be centralised. + A people which should divide its sovereignty into fractional powers, in + the presence of the great military monarchies of Europe, would, in my + opinion, by that very act, abdicate its power, and perhaps its existence + and its name. But such is the admirable position of the New World, that + man has no other enemy than himself; and that in order to be happy and to + be free, it suffices to seek the gifts of prosperity and the knowledge of + freedom. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {119} See the constitution of the United States. + </p> + <p> + {120} See the articles of the first confederation formed in 1778. This + constitution was not adopted by all the states until 1781. See also the + analysis given of this constitution in the Federalist, from No. 15 to No. + 22 inclusive, and Story's "Commentary on the Constitution of the United + States," pp. 85-115. + </p> + <p> + {121} Congress made this declaration on the 21st of February, 1787. + </p> + <p> + {122} It consisted of fifty-five members: Washington, Madison, Hamilton, + and the two Morrises, were among the number. + </p> + <p> + {123} It was not adopted by the legislative bodies, but representatives + were elected by the people for this sole purpose; and the new constitution + was discussed at length in each of these assemblies. + </p> + <p> + {124} See the amendment to the federal constitution; Federalist, No. 32. + Story, p. 711. Kent's Commentaries, Vol. i., p. 364. + </p> + <p> + It is to be observed, that whenever the <i>exclusive</i> right of + regulating certain matters is not reserved to congress by the + constitution, the states may take up the affair, until it is brought + before the national assembly. For instance, congress has the right of + making a general law of bankruptcy, which, however, it neglects to do. + Each state is then at liberty to make a law for itself. This point, + however, has been established by discussion in the law-courts, and may be + said to belong more properly to jurisprudence. + </p> + <p> + {125} The action of this court is indirect, as we shall hereafter show. + </p> + <p> + {126} It is thus that the Federalist, No. 45, explains the division of + supremacy between the union and the states: "The powers delegated by the + constitution to the federal government are few and defined. Those which + are to remain in the state governments are numerous and indefinite. The + former will be exercised principally on external objects, as war, peace, + negotiation, and foreign commerce. The powers reserved to the several + states will extend to all the objects which, in the ordinary course of + affairs, concern the internal order and prosperity of the state." + </p> + <p> + I shall often have occasion to quote the Federalist in this work. When the + bill which has since become the constitution of the United States was + submitted to the approval of the people, and the discussions were still + pending, three men who had already acquired a portion of that celebrity + which they have since enjoyed, John Jay, Hamilton, and Madison, formed an + association with the intention of explaining to the nation the advantages + of the measure which was proposed. With this view they published a series + of articles in the shape of a journal, which now form a complete treatise. + They entitled their journal, "The Federalist," a name which has been + retained in the work. The Federalist is an excellent book, which ought to + be familiar to the statesmen of all countries, although it especially + concerns America. + </p> + <p> + {127} See constitution, sect. 8. Federalist, Nos. 41 and 42. Kent's + Commentaries, vol. i., p. 207. Story, pp. 358-382; 409-426. + </p> + <p> + {128} Several other privileges of the same kind exist, such as that which + empowers the Union to legislate on bankruptcy, to grant patents, and other + matters in which its intervention is clearly necessary. + </p> + <p> + {129} Even in these cases its interference is indirect. The Union + interferes by means of the tribunals, as will be hereafter shown. + </p> + <p> + {130} Federal Constitution, sect. 10, art. 1. + </p> + <p> + {131} Constitution, sect. 8, 9, and 10. Federalist, Nos. 30-36 inclusive, + and 41-44. Kent's Commentaries, vol. i., pp. 207 and 381. Story pp. 329 + and 514. + </p> + <p> + {132} Every ten years congress fixes anew the number of representatives + which each state is to furnish. The total number was 69 in 1789, and 240 + in 1833. (See American Almanac, 1834, p. 194.) + </p> + <p> + The constitution decided that there should not be more than one + representative for every 30,000 persons; but no minimum was fixed upon. + The congress has not thought fit to augment the number of representatives + in proportion to the increase of population. The first act which was + passed on the subject (14th April, 1792: see Laws of the United States, by + Story, vol. i., p. 235) decided that there should be one representative + for every 33,000 inhabitants. The last act, which was passed in 1822, + fixes the proportion at one for 48,000. The population represented is + composed of all the freemen and of three-fifths of the slaves. + </p> + <p> + {133} See the Federalist, Nos. 52-66, inclusive. Story, pp. 199-314 + Constitution of the United States, sections 2 and 3. + </p> + <p> + {134} See the Federalist, Nos. 67-77. Constitution of the United States, + a. t. 2. Story, pp. 115; 515-780. Kent's Commentaries, p. 255. + </p> + <p> + {135} The constitution had left it doubtful whether the president was + obliged to consult the senate in the removal as well as in the appointment + of federal officers. The Federalist (No. 77) seemed to establish the + affirmative; but in 1789, congress formally decided that as the president + was responsible for his actions, he ought not to be forced to employ + agents who had forfeited his esteem. See Kent's Commentaries, vol. i., p. + 289. + </p> + <p> + {136} The sums annually paid by the state to these officers amount to + 200,000,000 francs (eight millions sterling). + </p> + <p> + {137} This number is extracted from the "National Calendar," for 1833. The + National Calendar is an American almanac which contains the names of all + the federal officers. + </p> + <p> + It results from this comparison that the king of France has eleven times + as many places at his disposal as the president, although the population + of France is not much more than double that of the Union. + </p> + <p> + {138} As many as it sends members to congress. The number of electors at + the election of 1833 was 288. (See the National Calendar, 1833.) + </p> + <p> + {139} The electors of the same state assemble, but they transmit to the + central government the list of their individual votes, and not the mere + result of the vote of the majority. + </p> + <p> + {140} In this case it is the majority of the states, and not the majority + of the members, which decides the question; so that New York has not more + influence in the debate than Rhode Island. Thus the citizens of the Union + are first consulted as members of one and the same community; and, if they + cannot agree, recourse is had to the division of the states, each of which + has a separate and independent vote. This is one of the singularities of + the federal constitution which can only be explained by the jar of + conflicting interests. + </p> + <p> + {141} Jefferson, in 1801, was not elected until the thirty-sixth time of + balloting. + </p> + <p> + {142} See chapter vi., entitled, "Judicial Power in the United States." + This chapter explains the general principles of the American theory of + judicial institutions. See also the federal constitution, art. 3. See the + Federalist, Nos. 78-83, inclusive: and a work entitled, "Constitutional + Law, being a View of the Practice and Jurisdiction of the Courts of the + United States," by Thomas Sergeant. See Story, pp. 134, 162, 489, 511, + 581, 668; and the organic law of the 24th September, 1789, in the + collection of the laws of the United States, by Story, vol. i., p. 53. + </p> + <p> + {143} Federal laws are those which most require courts of justice, and + those at the same time which have most rarely established them. The reason + is that confederations have usually been formed by independent states, + which entertained no real intention of obeying the central government, and + which very readily ceded the right of commanding to the federal executive, + and very prudently reserved the right of non-compliance to themselves. + </p> + <p> + {144} The Union was divided into districts, in each of which a resident + federal judge was appointed, and the court in which he presided was termed + a "district court." Each of the judges of the supreme court annually + visits a certain portion of the Republic, in order to try the most + important causes upon the spot; the court presided over by this magistrate + is styled a "circuit court." Lastly, all the most serious cases of + litigation are brought before the supreme court, which holds a solemn + session once a year, at which all the judges of the circuit courts must + attend. The jury was introduced into the federal courts in the same + manner, and in the same cases as into the courts of the states. + </p> + <p> + It will be observed that no analogy exists between the supreme court of + the United States and the French cour de cassation, since the latter only + hears appeals. The supreme court decides upon the evidence of the fact, as + well as upon the law of the case, whereas the cour de cassation does not + pronounce a decision of its own, but refers the cause to the arbitration + of another tribunal. See the law of 24th September, 1789, laws of the + United States, by Story, vol. i., p. 53. + </p> + <p> + {145} In order to diminish the number of these suits, it was decided that + in a great many federal causes, the courts of the states should be + empowered to decide conjointly with those of the Union, the losing party + having then a right of appeal to the supreme court of the United States. + The supreme court of Virginia contested the right of the supreme court of + the United States to judge an appeal from its decisions, but + unsuccessfully. See Kent's Commentaries, vol. i., pp. 350, 370, <i>et seq.</i>; + Story's Commentaries, p. 646; and "The Organic Law of the United States," + vol. i., p. 35 + </p> + <p> + {146} The constitution also says that the federal courts shall decide + "controversies between a state and the citizens of another state." And + here a most important question of a constitutional nature arose, which + was, whether the jurisdiction given by the constitution in cases in which + a state is a party, extended to suits brought <i>against</i> a state as + well as <i>by</i> it, or was exclusively confined to the latter. This + question was most elaborately considered in the case of <i>Chisholme</i> + v. <i>Georgia</i>, and was decided by the majority of the supreme court in + the affirmative. The decision created general alarm among the states, and + an amendment was proposed and ratified by which the power was entirely + taken away so far as it regards suits brought against a state. See Story's + Commentaries, p. 624, or in the large edition, § 1677. + </p> + <p> + {147} As, for instance, all cases of piracy. + </p> + <p> + {148} This principle was in some measure restricted by the introduction of + the several states as independent powers into the senate, and by allowing + them to vote separately in the house of representatives when the president + is elected by that body; but these are exceptions, and the contrary + principle is the rule. + </p> + <p> + {149} It is perfectly clear, says Mr. Story (Commentaries, p. 503, or in + the large edition, § 1379), that any law which enlarges, abridges, or in + any manner changes the intention of the parties, resulting from the + stipulations in the contract, necessarily impairs it. He gives in the same + place a very long and careful definition of what is understood by a + contract in federal jurisprudence. A grant made by the state to a private + individual, and accepted by him, is a contract, and cannot be revoked by + any future law. A charter granted by the state to a company is a contract, + and equally binding to the state as to the grantee. The clause of the + constitution here referred to ensures, therefore, the existence of a great + part of acquired rights, but not of all. Property may legally be held, + though it may not have passed into the possessor's hands by means of a + contract; and its possession is an acquired right, not guaranteed by the + federal constitution. + </p> + <p> + {150} A remarkable instance of this is given by Mr. Story (p. 508, or in + the large edition, § 1388). "Dartmouth college in New Hampshire had been + founded by a charter granted to certain individuals before the American + revolution, and its trustees formed a corporation under this charter. The + legislature of New Hampshire had, without the consent of this corporation, + passed an act changing the organization of the original provincial charter + of the college, and transferring all the rights, privileges, and + franchises, from the old charter trustees to new trustees appointed under + the act. The constitutionality of the act was contested, and after solemn + arguments, it was deliberately held by the supreme court that the + provincial charter was a contract within the meaning of the constitution + (art. i, sect. 10), and that the amendatory act was utterly void, as + impairing the obligation of that charter. The college was deemed, like + other colleges of private foundation, to be a private eleemosynary + institution, endowed by its charter with a capacity to take property + unconnected with the government. Its funds were bestowed upon the faith of + the charter, and those funds consisted entirely of private donations. It + is true that the uses were in some sense public, that is, for the general + benefit, and not for the mere benefit of the corporators; but this did not + make the corporation a public corporation. It was a private institution + for general charity. It was not distinguishable in principle from a + private donation, vested in private trustees, for a public charity, or for + a particular purpose of beneficence. And the state itself, if it had + bestowed funds upon a charity of the same nature, could not resume those + funds." + </p> + <p> + {151} See chapter vi., on judicial power in America. + </p> + <p> + {152} See Kent's Commentaries, vol. i., p. 387. + </p> + <p> + {153} At this time Alexander Hamilton, who was one of the principal + founders of the constitution, ventured to express the following sentiments + in the Federalist, No. 71: "There are some who would be inclined to regard + the servile pliancy of the executive to a prevailing current, either in + the community or in the legislature, as its best recommendation. But such + men entertain very crude notions, as well of the purpose for which + government was instituted, as of the true means by which the public + happiness may be promoted. The republican principle demands that the + deliberative sense of the community should govern the conduct of those to + whom they intrust the managements of their affairs; but it does not + require an unqualified complaisance to every sudden breeze of passion, or + to every transient impulse which the people may receive from the arts of + men who flatter their prejudices to betray their interests. It is a just + observation that the people commonly <i>intend</i> the <i>public good</i>. + This often applies to their very errors. But their good sense would + despise the adulator who should pretend that they would always <i>reason + right</i>, about the <i>means</i> of promoting it. They know from + experience that they sometimes err; and the wonder is that they so seldom + err as they do, beset, as they continually are, by the wiles of parasites + and sycophants; by the snares of the ambitious, the avaricious, the + desperate; by the artifices of men who possess their confidence more than + they deserve it; and of those who seek to possess rather than to deserve + it. When occasions present themselves in which the interests of the people + are at variance with their inclinations, it is the duty of persons whom + they have appointed to be the guardians of those interests, to withstand + the temporary delusion, in order to give them time and opportunity for + more cool and sedate reflection. Instances might be cited in which a + conduct of this kind has saved the people from very fatal consequences of + their own mistakes, and has procured lasting monuments of their gratitude + to the men who had courage and magnanimity enough to serve at the peril of + their displeasure." + </p> + <p> + {154} This was the case in Greece, when Philip undertook to execute the + decree of the Amphictyons; in the Low Countries, where the province of + Holland always gave the law; and in our time in the Germanic + confederation, in which Austria and Prussia assume a great degree of + influence over the whole country, in the name of the Diet. + </p> + <p> + {155} Such has always been the situation of the Swiss confederation, which + would have perished ages ago but for the mutual jealousies of its + neighbors. + </p> + <p> + {156} I do not speak of a confederation of small republics, but of a great + consolidated republic. + </p> + <p> + {157} See the Mexican constitution of 1824. + </p> + <p> + {158} For instance, the Union possesses by the constitution the right of + selling unoccupied lands for its own profit. Supposing that the state of + Ohio should claim the same right in behalf of certain territories lying + within its boundaries, upon the plea that the constitution refers to those + lands alone which do not belong to the jurisdiction of any particular + state, and consequently should choose to dispose of them itself, the + litigation would be carried on in the name of the purchasers from the + state of Ohio, and the purchasers from the Union, and not in the names of + Ohio and the Union. But what would become of this legal fiction if the + federal purchaser was confirmed in his right by the courts of the Union, + while the other competitor was ordered to retain possession by the + tribunals of the state of Ohio? + </p> + <p> + {The difficulty supposed by the author in this note is imaginary. The + question of title to the lands in the case put, must depend upon the + constitution, treaties, and laws of the United States; and a decision in + the state court adverse to the claim or title set up under those laws, + must, by the very words of the constitution and of the judiciary act, be + subject to review by the supreme court of the United States, whose + decision is final. + </p> + <p> + The remarks in the text of this page upon the relative weakness of the + government of the Union, are equally applicable to any form of republican + or democratic government, and are not peculiar to a federal system. Under + the circumstances supposed by the author, of all the citizens of a state, + or a large majority of them, aggrieved at the same time and in the same + manner, by the operation of any law, the same difficulty would arise in + executing the laws of the state as those of the Union. Indeed, such + instances of the total inefficacy of state laws are not wanting. The fact + is, that all republics depend on the willingness of the people to execute + the laws. If they will not enforce them, there is, so far, an end to the + government, for it possesses no power adequate to the control of the + physical power of the people. + </p> + <p> + Not only in theory, but in fact, a republican government must be + administered by the people themselves. They, and they alone, must execute + the laws. And hence, the first principles in such governments, that on + which all others depend, and without which no other can exist, is and must + be, obedience to the existing laws at all times and under all + circumstances. It is the vital condition of the social compact. He who + claims a dispensing power for himself, by which he suspends the operation + of the law in his own case, is worse than a usurper, for he not only + tramples under foot the constitution of his country, but violates the + reciprocal pledge which he has given to his fellow-citizens, and has + received from them, that he will abide by the laws constitutionally + enacted; upon the strength of which pledge, his own personal rights and + acquisitions are protected by the rest of the community.—<i>American + Editor</i>.} + </p> + <p> + {159} Kent's Commentaries, vol. i., p. 244. I have selected an example + which relates to a time posterior to the promulgation of the present + constitution. If I had gone back to the days of the confederation, I might + have given still more striking instances. The whole nation was at that + time in a state of enthusiastic excitement; the revolution was represented + by a man who was the idol of the people; but at that very period congress + had, to say the truth, no resources at all at its disposal. Troops and + supplies were perpetually wanting. The best devised projects failed in the + execution, and the Union, which was constantly on the verge of + destruction, was saved by the weakness of its enemies far more than by its + own strength. + </p> + <p> + {160} Appendix O. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0009" id="link2HCH0009"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER IX. + </h2> + <h3> + WHY THE PEOPLE MAY STRICTLY BE SAID TO GOVERN IN THE UNITED STATES. + </h3> + <p> + I have hitherto examined the institutions of the United States; I have + passed their legislation in review, and I have depicted the present + characteristics of political society in that country. But a sovereign + power exists above these institutions and beyond these characteristic + features, which may destroy or modify them at its pleasure; I mean that of + the people. It remains to be shown in what manner this power, which + regulates the laws, acts: its propensities and its passions remain to be + pointed out, as well as the secret springs which retard, accelerate, or + direct its irresistible course; and the effects of its unbounded + authority, with the destiny which is probably reserved for it. + </p> + <p> + In America the people appoints the legislative and the executive power, + and furnishes the jurors who punish all offences against the laws. The + American institutions are democratic, not only in their principle but in + all their consequences; and the people elects its representatives <i>directly</i>, + and for the most part <i>annually</i>, in order to ensure their + dependence. The people is therefore the real directing power; and although + the form of government is representative, it is evident that the opinions, + the prejudices, the interests, and even the passions of the community are + hindered by no durable obstacles from exercising a perpetual influence on + society. In the United States the majority governs in the name of the + people, as is the case in all the countries in which the people is + supreme. This majority is principally composed of peaceable citizens, who, + either by inclination or by interest, are sincerely desirous of the + welfare of their country. But they are surrounded by the incessant + agitation of parties, which attempt to gain their co-operation and to + avail themselves of their support. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0010" id="link2HCH0010"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER X. + </h2> + <p> + <br /><br /> + </p> + <h3> + PARTIES IN THE UNITED STATES. + </h3> + <p> + Great Division to be made between Parties.—Parties which are to each + other as rival Nations.—Parties properly so called.—Difference + between great and small Parties.—Epochs which produce them.—Their + Characteristics.—America has had great Parties.—They are + extinct.—Federalists.—Republicans.—Defeat of the + Federalists.—Difficulty of creating Parties in the United States.—What + is done with this Intention.—Aristocratic and democratic Character + to be met with in all Parties.—Struggle of General Jackson against + the Bank. + </p> + <p> + A great division must be made between parties. Some countries are so large + that the different populations which inhabit them have contradictory + interests, although they are the subjects of the same government; and they + may thence be in a perpetual state of opposition. In this case the + different fractions of the people may more properly be considered as + distinct nations than as mere parties; and if a civil war breaks out, the + struggle is carried off by rival peoples rather than by factions in the + state. + </p> + <p> + But when the citizens entertain different opinions upon subjects which + affect the whole country alike, such, for instance, as the principles upon + which the government is to be conducted, then distinctions arise which may + correctly be styled parties. Parties are a necessary evil in free + governments; but they have not at all times the same character and the + same propensities. + </p> + <p> + At certain periods a nation may be oppressed by such insupportable evils + as to conceive the design of effecting a total change in its political + constitution; at other times the mischief lies still deeper, and the + existence of society itself is endangered. Such are the times of great + revolutions and of great parties. But between these epochs of misery and + of confusion there are periods during which human society seems to rest, + and mankind to make a pause. This pause is, indeed, only apparent; for + time does not stop its course for nations any more than for men; they are + all advancing toward a goal with which they are unacquainted; and we only + imagine them to be stationary when their progress escapes our observation; + as men who are going at a foot pace seem to be standing still to those who + run. + </p> + <p> + But however this may be, there are certain epochs at which the changes + that take place in the social and political constitution of nations are so + slow and so insensible, that men imagine their present condition to be a + final state; and the human mind, believing itself to be firmly based upon + certain foundations, does not extend its researches beyond the horizon + which it descries. These are the times of small parties and of intrigue. + </p> + <p> + The political parties which I style great are those which cling to + principles more than to consequences; to general, and not to especial + cases; to ideas, and not to men. These parties are usually distinguished + by a nobler character, by more generous passions, more genuine + convictions, and a more bold and open conduct than the others. In them, + private interest, which always plays the chief part in political passions, + is more studiously veiled under the pretext of the public good; and it may + even be sometimes concealed from the eyes of the very person whom it + excites and impels. + </p> + <p> + Minor parties are, on the other hand, generally deficient in political + faith. As they are not sustained or dignified by a lofty purpose, they + ostensibly display the egotism of their character in their actions. They + glow with a factitious zeal; their language is vehement, but their conduct + is timid and irresolute. The means they employ are as wretched as the end + at which they aim. Hence it arises that when a calm state of things + succeeds a violent revolution, the leaders of society seem suddenly to + disappear, and the powers of the human mind to lie concealed. Society is + convulsed by great parties, by minor ones it is agitated; it is torn by + the former, by the latter it is degraded; and if these sometimes save it + by a salutary perturbation, those invariably disturb it to no good end. + </p> + <p> + America has already lost the great parties which once divided the nation; + and if her happiness is considerably increased, her morality has suffered + by their extinction. When the war of independence was terminated, and the + foundations of the new government were to be laid down, the nation was + divided between two opinions—two opinions which are as old as the + world, and which are perpetually to be met with under all the forms and + all the names which have ever obtained in free communities—the one + tending to limit, the other to extend indefinitely, the power of the + people. The conflict of these two opinions never assumed that degree of + violence in America which it has frequently displayed elsewhere. Both + parties of the Americans were in fact agreed upon the most essential + points; and neither of them had to destroy a traditionary constitution, or + to overthrow the structure of society, in order to insure its own triumph. + In neither of them, consequently, were a great number of private interests + affected by success or by defeat; but moral principles of a high order, + such as the love of equality and of independence, were concerned in the + struggle, and they sufficed to kindle violent passions. + </p> + <p> + The party which desired to limit the power of the people, endeavored to + apply its doctrines more especially to the constitution of the Union, + whence it derived its name of <i>federal</i>. The other party, which + affected to be more exclusively attached to the cause of liberty, took + that of <i>republican</i>. America is the land of democracy, and the + federalists were always in a minority; but they reckoned on their side + almost all the great men who had been called forth by the war of + independence, and their moral influence was very considerable. Their cause + was, moreover, favored by circumstances. The ruin of the confederation had + impressed the people with a dread of anarchy, and the federalists did not + fail to profit by this transient disposition of the multitude. For ten or + twelve years they were at the head of affairs, and they were able to apply + some, though not all, of their principles; for the hostile current was + becoming from day to day too violent to be checked or stemmed. In 1801 the + republicans got possession of the government: Thomas Jefferson was named + president; and he increased the influence of their party by the weight of + his celebrity, the greatness of his talents, and the immense extent of his + popularity. + </p> + <p> + The means by which the federalists had maintained their position were + artificial, and their resources were temporary: it was by the virtues or + the talents of their leaders that they had risen to power. When the + republicans attained to that lofty station, their opponents were + overwhelmed by utter defeat. An immense majority declared itself against + the retiring party, and the federalists found themselves in so small a + minority, that they at once despaired of their future success. From that + moment the republican or democratic party has proceeded from conquest to + conquest, until it has acquired absolute supremacy in the country. The + federalists, perceiving that they were vanquished without resource, and + isolated in the midst of the nation, fell into two divisions, of which one + joined the victorious republicans, and the other abandoned its rallying + point and its name. Many years have already elapsed since they ceased to + exist as a party. + </p> + <p> + The accession of the federalists to power was, in my opinion, one of the + most fortunate incidents which accompanied the formation of the great + American Union: they resisted the inevitable propensities of their age and + of their country. But whether their theories were good or bad, they had + the defect of being inapplicable, as a system, to the society which they + professed to govern; and that which occurred under the auspices of + Jefferson must therefore have taken place sooner or later. But their + government gave the new republic time to acquire a certain stability, and + afterward to support the rapid growth of the very doctrines which they had + combated. A considerable number of their principles were in point of fact + embodied in the political creed of their opponents; and the federal + constitution, which subsists at the present day, is a lasting monument of + their patriotism and their wisdom. + </p> + <p> + Great political parties are not, then, to be met with in the United States + at the present time. Parties, indeed, may be found which threaten the + future tranquillity of the Union; but there are none which seem to contest + the present form of government, or the present course of society. The + parties by which the Union is menaced do not rest upon abstract + principles, but upon temporal interests. These interests, disseminated in + the provinces of so vast an empire, may be said to constitute rival + nations rather than parties. Thus, upon a recent occasion, the north + contended for the system of commercial prohibition, and the south took up + arms in favor of free trade, simply because the north is a manufacturing, + and the south an agricultural district; and that the restrictive system + which was profitable to the one, was prejudicial to the other. + </p> + <p> + In the absence of great parties, the United States abound with lesser + controversies; and public opinion is divided into a thousand minute shades + of difference upon questions of very little moment. The pains which are + taken to create parties are inconceivable, and at the present day it is no + easy task. In the United States there is no religious animosity, because + all religion is respected, and no sect is predominant; there is no + jealousy of rank, because the people is everything, and none can contest + its authority; lastly, there is no public misery to serve as a means of + agitation, because the physical position of the country opens so wide a + field to industry, that man is able to accomplish the most surprising + undertakings with his own native resources. Nevertheless, ambitious men + are interested in the creation of parties, since it is difficult to eject + a person from authority upon the mere ground that his place is coveted by + others. The skill of the actors in the political world lies, therefore, in + the art of creating parties. A political aspirant in the United States + begins by discriminating his own interest, and by calculating upon those + interests which may be collected around, and amalgamated with it; he then + contrives to discover some doctrine or some principle which may suit the + purposes of this new association, and which he adopts in order to bring + forward his party and to secure its popularity: just as the <i>imprimatur</i> + of a king was in former days incorporated with the volume which it + authorized, but to which it nowise belonged. When these preliminaries are + terminated, the new party is ushered into the political world. + </p> + <p> + All the domestic controversies of the Americans at first appear to a + stranger to be so incomprehensible and so puerile, that he is at a loss + whether to pity a people which takes such arrant trifles in good earnest, + or to envy that happiness which enables it to discuss them. But when he + comes to study the secret propensities which govern the factions of + America, he easily perceives that the greater part of them are more or + less connected with one or the other of these two divisions which have + always existed in free communities. The deeper we penetrate into the + workings of these parties, the more do we perceive that the object of the + one is to limit, and that of the other to extend, the popular authority. I + do not assert that the ostensible end, or even that the secret aim, of + American parties is to promote the rule of aristocracy or democracy in the + country, but I affirm that aristocratic or democratic passions may easily + be detected at the bottom of all parties, and that, although they escape a + superficial observation, they are the main point and the very soul of + every faction in the United States. + </p> + <p> + To quote a recent example: when the president attacked the bank, the + country was excited and parties were formed; the well-informed classes + rallied round the bank, the common people round the president. But it must + not be imagined that the people had formed a rational opinion upon a + question which offers so many difficulties to the most experienced + statesmen. The bank is a great establishment which enjoys an independent + existence, and the people, accustomed to make and unmake whatsoever it + pleases, is startled to meet with this obstacle to its authority. In the + midst of the perpetual fluctuation of society, the community is irritated + by so permanent an institution, and is led to attack it, in order to see + whether it can be shaken and controlled, like all the other institutions + of the country. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + REMAINS OF THE ARISTOCRATIC PARTY IN THE UNITED STATES. + </h3> + <p> + Secret Opposition of wealthy Individuals to Democracy.—Their + retirement.—Their tastes for exclusive Pleasures and for Luxury at + Home.—Their Simplicity Abroad.—Their affected Condescension + toward the People. + </p> + <p> + It sometimes happens in a people among which various opinions prevail, + that the balance of the several parties is lost, and one of them obtains + an irresistible preponderance, overpowers all obstacles, harasses its + opponents, and appropriates all the resources of society to its own + purposes. The vanquished citizens despair of success, and they conceal + their dissatisfaction in silence and in a general apathy. The nation seems + to be governed by a single principle, and the prevailing party assumes the + credit of having restored peace and unanimity to the country. But this + apparent unanimity is merely a cloak to alarming dissensions and perpetual + opposition. + </p> + <p> + This is precisely what occurred in America; when the democratic party got + the upper hand, it took exclusive possession of the conduct of affairs, + and from that time the laws and customs of society have been adapted to + its caprices. At the present day the more affluent classes of society are + so entirely removed from the direction of political affairs in the United + States, that wealth, far from conferring a right to the exercise of power, + is rather an obstacle than a means of attaining to it. The wealthy members + of the community abandon the lists, through unwillingness to contend, and + frequently to contend in vain, against the poorest classes of their + fellow-citizens. They concentrate all their enjoyments in the privacy of + their homes, where they occupy a rank which cannot be assumed in public; + and they constitute a private society in the state, which has its own + tastes and its own pleasures. They submit to this state of things as an + irremediable evil, but they are careful not to show that they are galled + by its continuance; it is even not uncommon to hear them laud the delights + of a republican government, and the advantages of democratic institutions + when they are in public. Next to hating their enemies, men are most + inclined to flatter them. + </p> + <p> + Mark, for instance, that opulent citizen, who is as anxious as a Jew of + the middle ages to conceal his wealth. His dress is plain, his demeanor + unassuming; but the interior of his dwelling glitters with luxury, and + none but a few chosen guests whom he haughtily styles his equals, are + allowed to penetrate into this sanctuary. No European noble is more + exclusive in his pleasures, or more jealous of the smallest advantages + which his privileged station confers upon him. But the very same + individual crosses the city to reach a dark counting-house in the centre + of traffic, where every one may accost him who pleases. If he meets his + cobbler upon the way, they stop and converse; the two citizens discuss the + affairs of the state in which they have an equal interest, and they shake + hands before they part. + </p> + <p> + But beneath this artificial enthusiasm, and these obsequious attentions to + the preponderating power, it is easy to perceive that the wealthy members + of the community entertain a hearty distaste to the democratic + institutions of their country. The populace is at once the object of their + scorn and of their fears. If the mal-administration of the democracy ever + brings about a revolutionary crisis, and if monarchical institutions ever + become practicable in the United States, the truth of what I advance will + become obvious. + </p> + <p> + The two chief weapons which parties use in order to ensure success, are + the <i>public press</i>, and the formation of <i>associations</i>. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0011" id="link2HCH0011"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XI. + </h2> + <h3> + LIBERTY OF THE PRESS IN THE UNITED STATES. + </h3> + <p> + Difficulty of restraining the Liberty of the Press.—Particular + reasons which some Nations have to cherish this Liberty.—The Liberty + of the Press a necessary Consequence of the Sovereignty of the people as + it is understood in America.—Violent Language of the periodical + Press in the United States.—Propensities of the periodical Press.—Illustrated + by the United States.—Opinion of the Americans upon the Repression + of the Abuse of the Liberty of the Press by judicial Prosecutions.—Reasons + for which the Press is less powerful in America than in France. + </p> + <p> + The influence of the liberty of the press does not affect political + opinions alone, but it extends to all the opinions of men, and it modifies + customs as well as laws. In another part of this work I shall attempt to + determine the degree of influence which the liberty of the press has + exercised upon civil society in the United States, and to point out the + direction which it has given to the ideas, as well as the tone which it + has imparted to the character and the feelings of the Anglo-Americans, but + at present I purpose simply to examine the effects produced by the liberty + of the press in the political world. + </p> + <p> + I confess that I do not entertain that firm and complete attachment to the + liberty of the press, which things that are supremely good in their very + nature are wont to excite in the mind; and I approve of it more from a + recollection of the evils it prevents, than from a consideration of the + advantages it ensures. + </p> + <p> + If any one can point out an intermediate, and yet a tenable position, + between the complete independence and the entire subjection of the public + expression of opinion, I should perhaps be inclined to adopt it; but the + difficulty is to discover this position. If it is your intention to + correct the abuses of unlicensed printing, and to restore the use of + orderly language, you may in the first instance try the offender by a + jury; but if the jury acquits him, the opinion which was that of a single + individual becomes the opinion of the country at large. Too much and too + little has therefore hitherto been done; if you proceed, you must bring + the delinquent before permanent magistrates; but even here the cause must + be heard before it can be decided; and the very principles which no book + would have ventured to avow are blazoned forth in the pleadings, and what + was obscurely hinted at in a single composition is then repeated in a + multitude of other publications. The language in which a thought is + embodied is the mere carcase of the thought, and not the idea itself; + tribunals may condemn the form, but the sense and spirit of the work is + too subtle for their authority: too much has still been done to recede, + too little to attain your end: you must therefore proceed. If you + establish a censorship of the press, the tongue of the public speaker will + still make itself heard, and you have only increased the mischief. The + powers of thought do not rely, like the powers of physical strength, upon + the number of their mechanical agents, nor can a host of authors be + reckoned like the troops which compose an army; on the contrary, the + authority of a principle is often increased by the smallness of the number + of men by whom it is expressed. The words of a strong-minded man, which + penetrate amid the passions of a listening assembly, have more weight than + the vociferations of a thousand orators; and if it be allowed to speak + freely in any public place, the consequence is the same as if free + speaking was allowed in every village. The liberty of discourse must + therefore be destroyed as well as the liberty of the press; this is the + necessary term of your efforts; but if your object was to repress the + abuses of liberty, they have brought you to the feet of a despot. You have + been led from the extreme of independence to the extreme of subjection, + without meeting with a single tenable position for shelter or repose. + </p> + <p> + There are certain nations which have peculiar reasons for cherishing the + press, independently of the general motives which I have just pointed out. + For in certain countries which profess to enjoy the privileges of freedom, + every individual agent of the government may violate the laws with + impunity, since those whom he oppresses cannot prosecute him before the + courts of justice. In this case the liberty of the press is not merely a + guarantee, but it is the only guarantee of their liberty and their + security which the citizens possess. If the rulers of these nations + proposed to abolish the independence of the press, the people would be + justified in saying: "Give us the right of prosecuting your offences + before the ordinary tribunals, and perhaps we may then waive our right of + appeal to the tribunal of public opinion." + </p> + <p> + But in the countries in which the doctrine of the sovereignty of the + people ostensibly prevails, the censorship of the press is not only + dangerous, but it is absurd. When the right of every citizen to co-operate + in the government of society is acknowledged, every citizen must be + presumed to possess the power of discriminating between the different + opinions of his contemporaries, and of appreciating the different facts + from which inferences may be drawn. The sovereignty of the people and the + liberty of the press may therefore be looked upon as correlative + institutions; just as the censorship of the press and universal suffrage + are two things which are irreconcileably opposed, and which cannot long be + retained among the institutions of the same people. Not a single + individual of the twelve millions who inhabit the territory of the United + States has as yet dared to propose any restrictions to the liberty of the + press. The first newspaper over which I cast my eyes, after my arrival in + America, contained the following article: + </p> + <p> + "In all this affair, the language of Jackson has been that of a heartless + despot, solely occupied with the preservation of his own authority. + Ambition is his crime, and it will be his punishment too: intrigue is his + native element, and intrigue will confound his tricks, and will deprive + him of his power; he governs by means of corruption, and his immoral + practices will redound to his shame and confusion. His conduct in the + political arena has been that of a shameless and lawless gamester. He + succeeded at the time, but the hour of retribution approaches, and he will + be obliged to disgorge his winnings, to throw aside his false dice, and to + end his days in some retirement where he may curse his madness at his + leisure; for repentance is a virtue with which his heart is likely to + remain for ever unacquainted." + </p> + <p> + It is not uncommonly imagined in France, that the virulence of the press + originates in the uncertain social condition, in the political excitement, + and the general sense of consequent evil which prevail in that country; + and it is therefore supposed that as soon as society has resumed a certain + degree of composure, the press will abandon its present vehemence. I am + inclined to think that the above causes explain the reason of the + extraordinary ascendency it has acquired over the nation, but that they do + not exercise much influence upon the tone of its language. The periodical + press appears to me to be actuated by passions and propensities + independent of the circumstances in which it is placed; and the present + position of America corroborates this opinion. + </p> + <p> + America is, perhaps, at this moment, the country of the whole world which + contains the fewest germs of revolution; but the press is not less + destructive in its principles than in France, and it displays the same + violence without the same reasons for indignation. In America, as in + France, it constitutes a singular power, so strangely composed of mingled + good and evil, that it is at the same time indispensable to the existence + of freedom, and nearly incompatible with the maintenance of public order. + Its power is certainly much greater in France than in the United States; + though nothing is more rare in the latter country than to hear of a + prosecution having been instituted against it. The reason of this is + perfectly simple; the Americans having once admitted the doctrine of + sovereignty of the people, apply it with perfect consistency. It was never + their intention to found a permanent state of things with elements which + undergo daily modifications; and there is consequently nothing criminal in + an attack upon the existing laws, provided it be not attended with a + violent infraction of them. They are moreover of opinion that courts of + justice are unable to check the abuses of the press; and that as the + subtlety of human language perpetually eludes the severity of judicial + analysis, offences of this nature are apt to escape the hand which + attempts to apprehend them. They hold that to act with efficacy upon the + press, it would be necessary to find a tribunal, not only devoted to the + existing order of things, but capable of surmounting the influence of + public opinion; a tribunal which should conduct its proceedings without + publicity, which should pronounce its decrees without assigning its + motives, and punish the intentions even more than the language of an + author. Whosoever should have the power of creating and maintaining a + tribunal of this kind, would waste his time in prosecuting the liberty of + the press; for he would be the supreme master of the whole community, and + he would be as free to rid himself of the authors as of their writings. In + this question, therefore, there is no medium between servitude and extreme + license; in order to enjoy the inestimable benefits which the liberty of + the press ensures, it is necessary to submit to the inevitable evils which + it engenders. To expect to acquire the former, and to escape the latter, + is to cherish one of those illusions which commonly mislead nations in + their times of sickness, when, tired with faction and exhausted by effort, + they attempt to combine hostile opinions and contrary principles upon the + same soil. + </p> + <p> + The small influence of the American journals is attributable to several + reasons, among which are the following:— + </p> + <p> + The liberty of writing, like all other liberty, is most formidable when it + is a novelty; for a people which has never been accustomed to co-operate + in the conduct of state affairs, places implicit confidence in the first + tribune who arouses its attention. The Anglo-Americans have enjoyed this + liberty ever since the foundation of the settlements; moreover, the press + cannot create human passions by its own power, however skilfully it may + kindle them where they exist. In America politics are discussed with + animation and a varied activity, but they rarely touch those deep passions + which are excited whenever the positive interest of a part of the + community is impaired: but in the United States the interests of the + community are in a most prosperous condition. A single glance upon a + French and an American newspaper is sufficient to show the difference + which exists between the two nations on this head. In France the space + allotted to commercial advertisements is very limited, and the + intelligence is not considerable, but the most essential part of the + journal is that which contains the discussion of the politics of the day. + In America three quarters of the enormous sheet which is set before the + reader are filled with advertisements, and the remainder is frequently + occupied by political intelligence or trivial anecdotes: it is only from + time to time that one finds a corner devoted to passionate discussions + like those with which the journalists of France are wont to indulge their + readers. + </p> + <p> + It has been demonstrated by observation, and discovered by the innate + sagacity of the pettiest as well as the greatest of despots, that the + influence of a power is increased in proportion as its direction is + rendered more central. In France the press combines a twofold + centralisation: almost all its power is centred in the same spot, and + vested in the same hands, for its organs are far from numerous. The + influence of a public press thus constituted, upon a sceptical nation, + must be unbounded. It is an enemy with which a government may sign an + occasional truce, but which it is difficult to resist for any length of + time. + </p> + <p> + Neither of these kinds of centralisation exists in America. The United + States have no metropolis; the intelligence as well as the power of the + country is dispersed abroad, and instead of radiating from a point, they + cross each other in every direction; the Americans have established no + central control over the expression of opinion, any more than over the + conduct of business. These are circumstances which do not depend on human + foresight; but it is owing to the laws of the Union that there are no + licenses to be granted to the printers, no securities demanded from + editors, as in France, and no stamp duty as in France and England. The + consequence of this is that nothing is easier than to set up a newspaper, + and a small number of readers suffices to defray the expenses of the + editor. + </p> + <p> + The number of periodical and occasional publications which appear in the + United States actually surpasses belief. The most enlightened Americans + attribute the subordinate influence of the press to this excessive + dissemination; and it is adopted as an axiom of political science in that + country, that the only way to neutralise the effect of public journals is + to multiply them indefinitely. I cannot conceive why a truth which is so + self-evident has not already been more generally admitted in Europe; it is + comprehensible that the persons who hope to bring about revolutions, by + means of the press, should be desirous of confining its action to a few + powerful organs; but it is perfectly incredible that the partisans of the + existing state of things, and the natural supporters of the laws, should + attempt to diminish the influence of the press by concentrating its + authority. The governments of Europe seem to treat the press with the + courtesy of the knights of old; they are anxious to furnish it with the + same central power which they have found to be so trusty a weapon, in + order to enhance the glory of their resistance to its attacks. + </p> + <p> + In America there is scarcely a hamlet which has not its own newspaper. It + may readily be imagined that neither discipline nor unity of design can be + communicated to so multifarious a host, and each one is constantly led to + fight under his own standard. All the political journals of the United + States are indeed arrayed on the side of the administration or against it; + but they attack and defend it in a thousand different ways. They cannot + succeed in forming those great currents of opinion which overwhelm the + most solid obstacles. This division of the influence of the press produces + a variety of other consequences which are scarcely less remarkable. The + facility with which journals can be established induces a multitude of + individuals to take a part in them; but as the extent of competition + precludes the possibility of considerable profit, the most distinguished + classes of society are rarely led to engage in these undertakings. But + such is the number of the public prints, that even if they were a source + of wealth, writers of ability could not be found to direct them all. The + journalists of the United States are usually placed in a very humble + position, with a scanty education, and a vulgar turn of mind. The will of + the majority is the most general of laws, and it establishes certain + habits which form the characteristics of each peculiar class of society; + thus it dictates the etiquette practised at courts and the etiquette of + the bar. The characteristics of the French journalist consist in a + violent, but frequently an eloquent and lofty manner of discussing the + politics of the day; and the exceptions to this habitual practice are only + occasional. The characteristics of the American journalist consist in an + open and coarse appeal to the passions of the populace; and he habitually + abandons the principles of political science to assail the characters of + individuals, to track them into private life, and disclose all their + weaknesses and errors. + </p> + <p> + Nothing can be more deplorable than this abuse of the powers of thought; I + shall have occasion to point out hereafter the influence of the newspapers + upon the taste and the morality of the American people, but my present + subject exclusively concerns the political world. It cannot be denied that + the effects of this extreme license of the press tend indirectly to the + maintenance of public order. The individuals who are already in possession + of a high station in the esteem of their fellow citizens, are afraid to + write in the newspapers, and they are thus deprived of the most powerful + instrument which they can use to excite the passions of the multitude to + their own advantage.{161} + </p> + <p> + The personal opinions of the editors have no kind of weight in the eyes of + the public: the only use of a journal is, that it imparts the knowledge of + certain facts, and it is only by altering or distorting those facts, that + a journalist can contribute to the support of his own views. + </p> + <p> + But although the press is limited to these resources, its influence in + America is immense. It is the power which impels the circulation of + political life through all the districts of that vast territory. Its eye + is constantly open to detect the secret springs of political designs, and + to summon the leaders of all parties to the bar of public opinion. It + rallies the interests of the community round certain principles, and it + draws up the creed which factions adopt; for it affords a means of + intercourse between parties which hear, and which address each other, + without ever having been in immediate contact. When a great number of the + organs of the press adopt the same line of conduct, their influence + becomes irresistible; and public opinion, when it is perpetually assailed + from the same side, eventually yields to the attack. In the United States + each separate journal exercises but little authority: but the power of the + periodical press is only second to that of the people.{162} + </p> + <p> + In the United States the democracy perpetually raises fresh individuals to + the conduct of public affairs; and the measures of the administration are + consequently seldom regulated by the strict rules of consistency or of + order. But the general principles of the government are more stable, and + the opinions most prevalent in society are generally more durable than in + many other countries. When once the Americans have taken up an idea, + whether it be well or ill-founded, nothing is more difficult than to + eradicate it from their minds. The same tenacity of opinion has been + observed in England, where, for the last century, greater freedom of + conscience, and more invincible prejudices have existed, than in all the + other countries of Europe. I attribute this consequence to a cause which + may at first sight appear to have a very opposite tendency, namely, to the + liberty of the press. The nations among which this liberty exists are as + apt to cling to their opinions from pride as from conviction. They cherish + them because they hold them to be just, and because they exercised their + own free will in choosing them; and they maintain them, not only because + they are true, but because they are their own. Several other reasons + conduce to the same end. + </p> + <p> + It was remarked by a man of genius, that "ignorance lies at the two ends + of knowledge." Perhaps it would have been more correct to say that + absolute convictions are to be met with at the two extremities, and that + doubt lies in the middle; for the human intellect may be considered in + three distinct states, which frequently succeed one another. + </p> + <p> + A man believes implicitly, because he adopts a proposition without + inquiry. He doubts as soon as he is assailed by the objections which his + inquiries may have aroused. But he frequently succeeds in satisfying these + doubts, and then he begins to believe afresh: he no longer lays hold on a + truth in its most shadowy and uncertain form, but he sees it clearly + before him, and he advances onward by the light it gives him.{163} + </p> + <p> + When the liberty of the press acts upon men who are in the first of these + three states, it does not immediately disturb their habit of believing + implicitly without investigation, but it constantly modifies the objects + of their intuitive convictions. The human mind continues to discern but + one point upon the whole intellectual horizon, and that point is in + continual motion. Such are the symptoms of sudden revolutions, and of the + misfortunes that are sure to befall those generations which abruptly adopt + the unconditional freedom of the press. + </p> + <p> + The circle of novel ideas is, however, soon terminated; the torch of + experience is upon them, and the doubt and mistrust which their + uncertainty produces, become universal. We may rest assured that the + majority of mankind will either believe they know not wherefore, or will + not know what to believe. Few are the beings who can ever hope to attain + that state of rational and independent conviction which true knowledge can + beget, in defiance of the attacks of doubt. + </p> + <p> + It has been remarked that in times of great religious fervor, men + sometimes change their religious opinions; whereas, in times of general + scepticism, every one clings to his own persuasion. The same thing takes + place in politics under the liberty of the press. In countries where all + the theories of social science have been contested in their turn, the + citizens who have adopted one of them, stick to it, not so much because + they are assured of its excellence, as because they are not convinced of + the superiority of any other. In the present age men are not very ready to + die in defence of their opinions, but they are rarely inclined to change + them; and there are fewer martyrs as well as fewer apostates. + </p> + <p> + Another still more valid reason may yet be adduced: when no abstract + opinions are looked upon as certain, men cling to the mere propensities + and external interest of their position, which are naturally more tangible + and more permanent than any opinions in the world. + </p> + <p> + It is not a question of easy solution whether the aristocracy or the + democracy is most fit to govern a country. But it is certain that + democracy annoys one part of the community, and that aristocracy oppresses + another part. When the question is reduced to the simple expression of the + struggle between poverty and wealth, the tendency of each side of the + dispute becomes perfectly evident without farther controversy. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {161} They only write in the papers when they choose to address the people + in their own name; as, for instance, when they are called upon to repel + calumnious imputations, and to correct a mis-statement of facts. + </p> + <p> + {162} See Appendix P. + </p> + <p> + {163} It may, however, be doubted whether this rational and self-guiding + conviction arouses as much fervor or enthusiastic devotedness in men as + their first dogmatical belief. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0012" id="link2HCH0012"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XII. + </h2> + <h3> + POLITICAL ASSOCIATIONS IN THE UNITED STATES. + </h3> + <p> + Daily use which the Anglo-Americans make of the Right of Association.—Three + kinds of political Association.—In what Manner the Americans apply + the representative System to Associations.—Dangers resulting to the + State.—Great Convention of 1831 relative to the Tariff. Legislative + character of this Convention.—Why the unlimited Exercise of the + Right of Association is less dangerous in the United States than + elsewhere.—Why it may be looked upon as necessary.—Utility of + Associations in a democratic People. + </p> + <p> + In no country in the world has the principle of association been more + successfully used, or more unsparingly applied to a multitude of different + objects, than in America. Beside the permanent associations which are + established by law under the names of townships, cities, and counties, a + vast number of others are formed and maintained by the agency of private + individuals. + </p> + <p> + The citizen of the United States is taught from his earliest infancy to + rely upon his own exertions, in order to resist the evils and the + difficulties of life; he looks upon the social authority with an eye of + mistrust and anxiety, and he only claims its assistance when he is quite + unable to shift without it. This habit may even be traced in the schools + of the rising generation, where the children in their games are wont to + submit to rules which they have themselves established, and to punish + misdemeanors which they have themselves defined. The same spirit pervades + every act of social life. If a stoppage occurs in a thoroughfare, and the + circulation of the public is hindered, the neighbors immediately + constitute a deliberative body; and this extemporaneous assembly gives + rise to an executive power, which remedies the inconvenience, before + anybody has thought of recurring to an authority superior to that of the + persons immediately concerned. If the public pleasures are concerned, an + association is formed to provide for the splendor and the regularity of + the entertainment. Societies are formed to resist enemies which are + exclusively of a moral nature, and to diminish the vice of intemperance: + in the United States associations are established to promote public order, + commerce, industry, morality, and religion; for there is no end which the + human will, seconded by the collective exertions of individuals, despairs + of attaining. + </p> + <p> + I shall hereafter have occasion to show the effects of association upon + the course of society, and I must confine myself for the present to the + political world. When once the right of association is recognized, the + citizens may employ it in several different ways. + </p> + <p> + An association consists simply in the public assent which a number of + individuals give to certain doctrines; and in the engagement which they + contract to promote the spread of those doctrines by their exertions. The + right of associating with these views is very analogous to the liberty of + unlicensed writing; but societies thus formed possess more authority than + the press. When an opinion is represented by a society, it necessarily + assumes a more exact and explicit form. It numbers its partisans, and + compromises their welfare in its cause; they, on the other hand, become + acquainted with each other, and their zeal is increased by their number. + An association unites the efforts of minds which have a tendency to + diverge, in one single channel, and urges them vigorously toward one + single end which it points out. + </p> + <p> + The second degree in the right of association is the power of meeting. + When an association is allowed to establish centres of action at certain + important points in the country, its activity is increased, and its + influence extended. Men have the opportunity of seeing each other; means + of execution are more readily combined; and opinions are maintained with a + degree of warmth and energy which written language cannot approach. + </p> + <p> + Lastly, in the exercise of the right of political association, there is a + third degree: the partisans of an opinion may unite in electoral bodies, + and choose delegates to represent them in a central assembly. This is, + properly speaking, the application of the representative system to a + party. + </p> + <p> + Thus, in the first instance, a society is formed between individuals + professing the same opinion, and the tie which keeps it together is of a + purely intellectual nature: in the second case, small assemblies are + formed which only represent a fraction of the party. Lastly, in the third + case, they constitute a separate nation in the midst of the nation, a + government within the government. Their delegates, like the real delegates + of the majority, represent the entire collective force of their party; and + they enjoy a certain degree of that national dignity and great influence + which belong to the chosen representatives of the people. It is true that + they have not the right of making the laws; but they have the power of + attacking those which are in being, and of drawing up beforehand those + which they may afterward cause to be adopted. + </p> + <p> + If, in a people which is imperfectly accustomed to the exercise of + freedom, or which is exposed to violent political passions, a deliberating + minority, which confines itself to the contemplation of future laws, be + placed in juxtaposition to the legislative majority, I cannot but believe + that public tranquillity incurs very great risks in that nation. There is + doubtless a very wide difference between proving that one law is in itself + better than another, and proving that the former ought to be substituted + for the latter. But the imagination of the populace is very apt to + overlook this difference, which is so apparent in the minds of thinking + men. It sometimes happens that a nation is divided into two nearly equal + parties, each of which affects to represent the majority. If, in immediate + contiguity to the directing power, another power be established, which + exercises almost as much moral authority as the former, it is not to be + believed that it will long be content to speak without acting; or that it + will always be restrained by the abstract consideration of the nature of + associations, which are meant to direct, but not to enforce opinions, to + suggest but not to make the laws. + </p> + <p> + The more we consider the independence of the press in its principal + consequences, the more are we convinced that it is the chief, and, so to + speak, the constitutive element of freedom in the modern world. A nation + which is determined to remain free, is therefore right in demanding the + unrestrained exercise of this independence. But the <i>unrestrained</i> + liberty of political association cannot be entirely assimilated to the + liberty of the press. The one is at the same time less necessary and more + dangerous than the other. A nation may confine it within certain limits + without forfeiting any part of its self-control; and it may sometimes be + obliged to do so in order to maintain its own authority. + </p> + <p> + In America the liberty of association for political purposes is unbounded. + An example will show in the clearest light to what an extent this + privilege is tolerated. + </p> + <p> + The question of the Tariff, or of free trade, produced a great + manifestation of party feeling in America; the tariff was not only a + subject of debate as a matter of opinion, but it exercised a favorable or + a prejudicial influence upon several very powerful interests of the + states. The north attributed a great portion of its prosperity, and the + south all its sufferings, to this system. Insomuch, that for a long time + the tariff was the sole source of the political animosities which agitated + the Union. + </p> + <p> + In 1831, when the dispute was raging with the utmost virulence, a private + citizen of Massachusetts proposed to all the enemies of the tariff, by + means of the public prints, to send delegates to Philadelphia in order to + consult together upon the means which were most fitted to promote the + freedom of trade. This proposal circulated in a few days from Maine to New + Orleans by the power of the printing press: the opponents of the tariff + adopted it with enthusiasm; meetings were formed on all sides, and + delegates were named. The majority of these individuals were well known, + and some of them had earned a considerable degree of celebrity. South + Carolina alone, which afterward took up arms in the same cause, sent + sixty-three delegates. On the 1st October, 1831, this assembly, which, + according to the American custom, had taken the name of a convention, met + at Philadelphia; it consisted of more than two hundred members. Its + debates were public, and they at once assumed a legislative character; the + extent of the powers of congress, the theories of free trade, and the + different clauses of the tariff, were discussed in turn. At the end of ten + days' deliberation, the convention broke up, after having published an + address to the American people, in which it is declared: + </p> + <p> + I. The congress had not the right of making a tariff, and that the + existing tariff was unconstitutional. + </p> + <p> + II. That the prohibition of free trade was prejudicial to the interests of + all nations, and to that of the American people in particular. + </p> + <p> + It must be acknowledged that the unrestrained liberty of political + association has not hitherto produced, in the United States, those fatal + consequences which might perhaps be expected from it elsewhere. The right + of association was imported from England, and it has always existed in + America. So that the exercise of this privilege is now amalgamated with + the manners and customs of the people. At the present time, the liberty of + association is become a necessary guarantee against the tyranny of the + majority. In the United States, as soon as a party has become + preponderant, all the public authority passes under its control; its + private supporters occupy all the places, and have all the force of the + administration at their disposal. As the most distinguished partisans of + the other side of the question are unable to surmount the obstacles which + exclude them from power, they require some means of establishing + themselves upon their own basis, and of opposing the moral authority of + the minority to the physical power which domineers over it. Thus, a + dangerous expedient is used to obviate a still more formidable danger. + </p> + <p> + The omnipotence of the majority appears to me to present such extreme + perils to the American republics, that the dangerous measure which is used + to repress it, seems to be more advantageous than prejudicial. And here I + am about to advance a proposition which may remind the reader of what I + said before in speaking of municipal freedom. There are no countries in + which associations are more needed, to prevent the despotism of faction, + or the arbitrary power of a prince, than those which are democratically + constituted. In aristocratic nations, the body of the nobles and the more + opulent part of the community are in themselves natural associations, + which act as checks upon the abuses of power. In countries in which those + associations do not exist, if private individuals are unable to create an + artificial and a temporary substitute for them, I can imagine no permanent + protection against the most galling tyranny; and a great people may be + oppressed by a small faction, or by a single individual, with impunity. + </p> + <p> + The meeting of a great political convention (for there are conventions of + all kinds), which may frequently become a necessary measure, is always a + serious occurrence, even in America, and one which is never looked forward + to by the judicious friends of the country, without alarm. This was very + perceptible in the convention of 1831, at which the exertions of all the + most distinguished members of the assembly tended to moderate its + language, and to restrain the subjects which it treated within certain + limits. It is probable, in fact, that the convention of 1831 exercised a + very great influence upon the minds of the malcontents, and prepared them + for the open revolt against the commercial laws of the Union, which took + place in 1832. + </p> + <p> + It cannot be denied that the unrestrained liberty of association for + political purposes, is the privilege which a people is longest in learning + how to exercise. If it does not throw the nation into anarchy, it + perpetually augments the chances of that calamity. On one point, however, + this perilous liberty offers a security against dangers of another kind; + in countries where associations are free, secret societies are unknown. In + America there are numerous factions, but no conspiracies. + </p> + <p> + The most natural privilege of man, next to the right of acting for + himself, is that of combining his exertions with those of his + fellow-creatures, and of acting in common with them. I am therefore led to + conclude, that the right of association is almost as inalienable as the + right of personal liberty. No legislator can attack it without impairing + the very foundations of society. Nevertheless, if the liberty of + association is a fruitful source of advantages and prosperity to some + nations, it may be perverted or carried to excess by others, and the + element of life may be changed into an element of destruction. A + comparison of the different methods which associations pursue, in those + countries in which they are managed with discretion, as well as in those + where liberty degenerates into license, may perhaps be thought useful both + to governments and to parties. The greater part of Europeans look upon an + association as a weapon which is to be hastily fashioned, and immediately + tried in the conflict. A society is to be formed for discussion, but the + idea of impending action prevails in the minds of those who constitute it: + it is, in fact, an army; and the time given to parley, serves to reckon up + the strength and to animate the courage of the host, after which they + direct the march against the enemy. Resources which lie within the bounds + of the law may suggest themselves to the persons who compose it, as means, + but never as the only means, of success. + </p> + <p> + Such, however, is not the manner in which the right of association is + understood in the United States. In America, the citizens who form the + minority associate, in order, in the first place, to show their numerical + strength, and so to diminish the moral authority of the majority; and, in + the second place, to stimulate competition, and to discover those + arguments which are most fitted to act upon the majority; for they always + entertain hopes of drawing over their opponents to their own side, and of + afterward disposing of the supreme power in their name. Political + associations in the United States are therefore peaceable in their + intentions, and strictly legal in the means which they employ; and they + assert with perfect truth, that they only aim at success by lawful + expedients. + </p> + <p> + The difference which exists between the Americans and ourselves depends on + several causes. In Europe there are numerous parties so diametrically + opposed to the majority, that they can never hope to acquire its support, + and at the same time they think that they are sufficiently strong in + themselves to struggle and to defend their cause. When a party of this + kind forms an association, its object is, not to conquer, but to fight. In + America, the individuals who hold opinions very much opposed to those of + the majority, are no sort of impediment to its power; and all other + parties hope to win it over to their own principles in the end. The + exercise of the right of association becomes dangerous in proportion to + the impossibility which excludes great parties from acquiring the + majority. In a country like the United States, in which the differences of + opinion are mere differences of hue, the right of association may remain + unrestrained without evil consequences. The inexperience of many of the + European nations in the enjoyment of liberty, leads them only to look upon + the liberty of association as a right of attacking the government. The + first notion which presents itself to a party, as well as to an + individual, when it has acquired a consciousness of its own strength, is + that of violence: the notion of persuasion arises at a later period, and + is only derived from experience. The English, who are divided into parties + which differ most essentially from each other, rarely abuse the right of + association, because they have long been accustomed to exercise it. In + France, the passion for war is so intense that there is no undertaking so + mad, or so injurious to the welfare of the state, that a man does not + consider himself honored in defending it, at the risk of his life. + </p> + <p> + But perhaps the most powerful of the causes which tend to mitigate the + excesses of political association in the United States is universal + suffrage. In countries in which universal suffrage exists, the majority is + never doubtful, because neither party can pretend to represent that + portion of the community which has not voted. The associations which are + formed are aware, as well as the nation at large, that they do not + represent the majority; this is, indeed, a condition inseparable from + their existence; for if they did represent the preponderating power, they + would change the law instead of soliciting its reform. The consequence of + this is, that the moral influence of the government which they attack is + very much increased, and their own power is very much enfeebled. + </p> + <p> + In Europe there are few associations which do not affect to represent the + majority, or which do not believe that they represent it. This conviction + or this pretension tends to augment their force amazingly, and contributes + no less to legalize their measures. Violence may seem to be excusable in + defence of the cause of oppressed right. Thus it is, in the vast labyrinth + of human laws, that extreme liberty sometimes corrects abuses of license, + and that extreme democracy obviates the dangers of democratic government. + In Europe, associations consider themselves, in some degree, as the + legislative and executive councils of the people, which is unable to speak + for itself. In America, where they only represent a minority of the + nation, they argue and they petition. + </p> + <p> + The means which the associations of Europe employ, are in accordance with + the end which they propose to obtain. As the principal aim of these bodies + is to act, and not to debate, to fight rather than to persuade, they are + naturally led to adopt a form of organization which differs from the + ordinary customs of civil bodies, and which assumes the habits and the + maxims of military life. They centralize the direction of their resources + as much as possible, and they intrust the power of the whole party to a + very small number of leaders. + </p> + <p> + The members of these associations reply to a watchword, like soldiers on + duty: they profess the doctrine of passive obedience; say rather, that in + uniting together they at once abjure the exercise of their own judgment + and free will; and the tyrannical control, which these societies exercise, + is often far more insupportable than the authority possessed over society + by the government which they attack. Their moral force is much diminished + by these excesses, and they lose the powerful interest which is always + excited by a struggle between oppressors and the oppressed. The man who in + given cases consents to obey his fellows with servility, and who submits + his activity, and even his opinions, to their control, can have no claim + to rank as a free citizen. + </p> + <p> + The Americans have also established certain forms of government which are + applied to their associations, but these are invariably borrowed from the + forms of the civil administration. The independence of each individual is + formally recognized; the tendency of the members of the association + points, as it does in the body of the community, toward the same end, but + they are not obliged to follow the same track. No one abjures the exercise + of his reason and his free will; but every one exerts that reason and that + will for the benefit of a common undertaking. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0013" id="link2HCH0013"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XIII. + </h2> + <h3> + GOVERNMENT OF THE DEMOCRACY IN AMERICA. + </h3> + <p> + I am well aware of the difficulties which attend this part of my subject, + but although every expression which I am about to make use of may clash, + upon some one point, with the feelings of the different parties which + divide my country, I shall speak my opinion with the most perfect + openness. + </p> + <p> + In Europe we are at a loss how to judge the true character and the more + permanent propensities of democracy, because in Europe two conflicting + principles exist, and we do not know what to attribute to the principles + themselves, and what to refer to the passions which they bring into + collision. Such, however, is not the case in America; there the people + reigns without any obstacle, and it has no perils to dread, and no + injuries to avenge. In America, democracy is swayed by its own free + propensities; its course is natural, and its activity is unrestrained: the + United States consequently afford the most favorable opportunity of + studying its real character. And to no people can this inquiry be more + vitally interesting than to the French nation, which is blindly driven + onward by a daily and irresistible impulse, toward a state of things which + may prove either despotic or republican, but which will assuredly be + democratic. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + UNIVERSAL SUFFRAGE. + </h3> + <p> + I have already observed that universal suffrage has been adopted in all + the states of the Union: it consequently occurs among different + populations which occupy very different positions in the scale of society. + I have had opportunities of observing its effects in different localities, + and among races of men who are nearly strangers to each other by their + language, their religion, and their manner of life; in Louisiana as well + as in New England, in Georgia and in Canada. I have remarked that + universal suffrage is far from producing in America either all the good or + all the evil consequences which are assigned to it in Europe, and that its + effects differ very widely from those which are usually attributed to it. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + CHOICE OF THE PEOPLE, AND INSTINCTIVE PREFERENCES OF THE AMERICAN + DEMOCRACY. + </p> + <p> + In the United States the most talented Individuals are rarely placed at + the Head of Affairs.—Reasons of this Peculiarity.—The Envy + which prevails in the lower Orders of France against the higher Classes, + is not a French, but a purely democratic Sentiment.—For what Reason + the most distinguished Men in America frequently seclude themselves from + public affairs. + </p> + <p> + Many people in Europe are apt to believe without saying it, or to say + without believing it, that one of the great advantages of universal + suffrage is, that it intrusts the direction of public affairs to men who + are worthy of the public confidence. They admit that the people is unable + to govern for itself, but they aver that it is always sincerely disposed + to promote the welfare of the state, and that it instinctively designates + those persons who are animated by the same good wishes, and who are the + most fit to wield the supreme authority. I confess that the observations I + made in America by no means coincide with these opinions. On my arrival in + the United States I was surprised to find so much distinguished talent + among the subjects, and so little among the heads of the government. It is + a well-authenticated fact, that at the present day the most talented men + in the United States are very rarely placed at the head of affairs; and it + must be acknowledged that such has been the result, in proportion as + democracy has outstepped all its former limits. The race of American + statesmen has evidently dwindled most remarkably in the course of the last + fifty years. + </p> + <p> + Several causes may be assigned to this phenomenon. It is impossible, + notwithstanding the most strenuous exertions, to raise the intelligence of + the people above a certain level. Whatever may be the facilities of + acquiring information, whatever may be the profusion of easy methods and + of cheap science, the human mind can never be instructed and educated + without devoting a considerable space of time to those objects. + </p> + <p> + The greater or the lesser possibility of subsisting without labor is + therefore the necessary boundary of intellectual improvement. This + boundary is more remote in some countries, and more restricted in others; + but it must exist somewhere as long as the people is constrained to work + in order to procure the means of physical subsistence, that is to say, as + long as it retains its popular character. It is therefore quite as + difficult to imagine a state in which all the citizens should be very + well-informed, as a state in which they should all be wealthy; these two + difficulties may be looked upon as correlative. It may very readily be + admitted that the mass of the citizens are sincerely disposed to promote + the welfare of their country; nay more, it may even be allowed that the + lower classes are less apt to be swayed by considerations of personal + interest than the higher orders; but it is always more or less impossible + for them to discern the best means of attaining the end, which they desire + with sincerity. Long and patient observation, joined to a multitude of + different notions, is required to form a just estimate of the character of + a single individual; and can it be supposed that the vulgar have the power + of succeeding in an inquiry which misleads the penetration of genius + itself? The people has neither the time nor the means which are essential + to the prosecution of an investigation of this kind; its conclusions are + hastily formed from a superficial inspection of the more prominent + features of a question. Hence it often assents to the clamor of a + mountebank, who knows the secret of stimulating its tastes; while its + truest friends frequently fail in their exertions. + </p> + <p> + Moreover, the democracy is not only deficient in that soundness of + judgment which is necessary to select men really deserving of its + confidence, but it has neither the desire nor the inclination to find them + out. It cannot be denied that democratic institutions have a very strong + tendency to promote the feeling of envy in the human heart; not so much + because they afford to every one the means of rising to the level of any + of his fellow-citizens, as because those means perpetually disappoint the + persons who employ them. Democratic institutions awaken and foster a + passion for equality which they can never entirely satisfy. This complete + equality eludes the grasp of the people at the very moment when it thinks + to hold it fast, and "flies," as Pascal says, "with eternal flight;" the + people is excited in the pursuit of an advantage, which is the more + precious because it is not sufficiently remote to be unknown, or + sufficiently near to be enjoyed. The lower orders are agitated by the + chance of success, they are irritated by its uncertainty; and they pass + from the enthusiasm of pursuit to the exhaustion of ill-success, and + lastly to the acrimony of disappointment. Whatever transcends their own + limits appears to be an obstacle to their desires, and there is no kind of + superiority, however legitimate it may be, which is not irksome in their + sight. + </p> + <p> + It has been supposed that the secret instinct, which leads the lower + orders to remove their superiors as much as possible from the direction of + public affairs, is peculiar to France. This, however, is an error; the + propensity to which I allude is not inherent in any particular nation, but + in democratic institutions in general; and although it may have been + heightened by peculiar political circumstances, it owes its origin to a + higher cause. + </p> + <p> + In the United States, the people is not disposed to hate the superior + class of society; but it is not very favorably inclined toward them, and + it carefully excludes them from the exercise of authority. It does not + entertain any dread of distinguished talents, but it is rarely captivated + by them; and it awards its approbation very sparingly to such as have + risen without the popular support. + </p> + <p> + While the natural propensities of democracy induce the people to reject + the most distinguished citizens as its rulers, these individuals are no + less apt to retire from a political career, in which it is almost + impossible to retain their independence, or to advance without degrading + themselves. This opinion has been very candidly set forth by Chancellor + Kent, who says, in speaking with great eulogium of that part of the + constitution which empowers the executive to nominate the judges: "It is + indeed probable that the men who are best fitted to discharge the duties + of this high office would have too much reserve in their manners, and too + much austerity in their principles, for them to be returned by the + majority at an election where universal suffrage is adopted." Such were + the opinions which were printed without contradiction in America in the + year 1830. + </p> + <p> + I hold it to be sufficiently demonstrated, that universal suffrage is by + no means a guarantee of the wisdom of the popular choice; and that + whatever its advantages may be, this is not one of them. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + CAUSES WHICH MAY PARTLY CORRECT THESE TENDENCIES OF THE DEMOCRACY. + </h3> + <p> + Contrary Effects produced on Peoples as well as on individuals by great + Dangers.—Why so many distinguished Men stood at the Head of Affairs + in America fifty Years ago.—Influence which the intelligence and the + Manners of the People exercise upon its choice.—Example of New + England.—States of the Southwest—Influence of certain Laws + upon the Choice of the People.—Election by an elected Body.—Its + Effects upon the Composition of the Senate. + </p> + <p> + When a state is threatened by serious dangers, the people frequently + succeed in selecting the citizens who are the most able to save it. It has + been observed that man rarely retains his customary level in presence of + very critical circumstances; he rises above, or he sinks below, his usual + condition, and the same thing occurs in nations at large. Extreme perils + sometimes quench the energy of a people instead of stimulating it; they + excite without directing its passions; and instead of clearing, they + confuse its powers of perception. The Jews deluged the smoking ruins of + their temples with the carnage of the remnant of their host. But it is + more common, both in the case of nations and in that of individuals, to + find extraordinary virtues arising from the very imminence of the danger. + Great characters are then thrown into relief, as the edifices which are + concealed by the gloom of night, are illuminated by the glare of a + conflagration. At those dangerous times genius no longer abstains from + presenting itself in the arena; and the people, alarmed by the perils of + its situation, buries its envious passions in a short oblivion. Great + names may then be drawn from the urn of an election. + </p> + <p> + I have already observed that the American statesmen of the present day are + very inferior to those who stood at the head of affairs fifty years ago. + This is as much a consequence of the circumstances, as of the laws of the + country. When America was struggling in the high cause of independence to + throw off the yoke of another country, and when it was about to usher a + new nation into the world, the spirits of its inhabitants were roused to + the height which their great efforts required. In this general excitement, + the most distinguished men were ready to forestall the wants of the + community, and the people clung to them for support, and placed them at + its head. But events of this magnitude are rare; and it is from an + inspection of the ordinary course of affairs that our judgment must be + formed. + </p> + <p> + If passing occurrences sometimes act as checks upon the passions of + democracy, the intelligence and the manners of the community exercise an + influence which is not less powerful, and far more permanent. This is + extremely perceptible in the United States. + </p> + <p> + In New England the education and the liberties of the communities were + engendered by the moral and religious principles of their founders. Where + society has acquired a sufficient degree of stability to enable it to hold + certain maxims and to retain fixed habits, the lower orders are accustomed + to respect intellectual superiority, and to submit to it without + complaint, although they set at naught all those privileges which wealth + and birth have introduced among mankind. The democracy in New England + consequently makes a more judicious choice than it does elsewhere. + </p> + <p> + But as we descend toward the south, to those states in which the + constitution of society is more modern and less strong, where instruction + is less general, and where the principles of morality, of religion, and of + liberty, are less happily combined, we perceive that the talents and the + virtues of those who are in authority become more and more rare. + </p> + <p> + Lastly, when we arrive at the new southwestern states, in which the + constitution of society dates but from yesterday, and presents an + agglomeration of adventurers and speculators, we are amazed at the persons + who are invested with public authority, and we are led to ask by what + force, independent of the legislation and of the men who direct it, the + state can be protected, and society be made to flourish. + </p> + <p> + There are certain laws of a democratic nature which contribute, + nevertheless, to correct, in some measure, the dangerous tendencies of + democracy. On entering the house of representatives at Washington, one is + struck by the vulgar demeanor of that great assembly. The eye frequently + does not discover a man of celebrity within its walls. Its members are + almost all obscure individuals, whose names present no associations to the + mind: they are mostly village-lawyers, men in trade, or even persons + belonging to the lower classes of society. In a country in which education + is very general, it is said that the representatives of the people do not + always know how to write correctly. + </p> + <p> + At a few yards distance from this spot is the door of the senate, which + contains within a small space a large proportion of the celebrated men of + America. Scarcely an individual is to be perceived in it who does not + recall the idea of an active and illustrious career: the senate is + composed of eloquent advocates, distinguished generals, wise magistrates, + and statesmen of note, whose language would at all times do honor to the + most remarkable parliamentary debates of Europe. + </p> + <p> + What then is the cause of this strange contrast, and why are the most able + citizens to be found in one assembly rather than in the other? Why is the + former body remarkable for its vulgarity and its poverty of talent, while + the latter seems to enjoy a monopoly of intelligence and of sound + judgment? Both of these assemblies emanate from the people; both of them + are chosen by universal suffrage; and no voice has hitherto been heard to + assert, in America, that the senate is hostile to the interests of the + people. From what cause, then, does so startling a difference arise? The + only reason which appears to me adequately to account for it is, that the + house of representatives is elected by the populace directly, and that of + the senate is elected by elected bodies. The whole body of the citizens + names the legislature of each state, and the federal constitution converts + these legislatures into so many electoral bodies, which return the members + of the senate. The senators are elected by an indirect application of + universal suffrage; for the legislatures which name them are not + aristocratic or privileged bodies which exercise the electoral franchise + in their own right; but they are chosen by the totality of the citizens; + they are generally elected every year, and new members may constantly be + chosen, who will employ their electoral rights in conformity with the + wishes of the public. But this transmission of the popular authority + through an assembly of chosen men, operates an important change in it, by + refining its discretion and improving the forms which it adopts. Men who + are chosen in this manner, accurately represent the majority of the nation + which governs them; but they represent the elevated thoughts which are + current in the community, the generous propensities which prompt its + nobler actions, rather than the petty passions which disturb, or the vices + which disgrace it. + </p> + <p> + The time may be already anticipated at which the American republics will + be obliged to introduce the plan of election by an elected body more + frequently into their system of representation, or they will incur no + small risk of perishing miserably among the shoals of democracy. + </p> + <p> + And here I have no scruple in confessing that I look upon this peculiar + system of election as the only means of bringing the exercise of political + power to the level of all classes of the people. Those thinkers who regard + this institution as the exclusive weapon of a party, and those who fear, + on the other hand, to make use of it, seem to me to fall into as great an + error in the one case as in the other. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + INFLUENCE WHICH THE AMERICAN DEMOCRACY HAS EXERCISED ON THE LAWS RELATING + TO ELECTIONS. + </p> + <p> + When Elections are rare, they expose the State to a violent Crisis.—When + they are frequent, they keep up a degree of feverish Excitement.—The + Americans have preferred the second of these two Evils.—Mutability + of the Laws.—Opinions of Hamilton and Jefferson on this Subject. + </p> + <p> + When elections recur at long intervals, the state is exposed to violent + agitation every time they take place. Parties exert themselves to the + utmost in order to gain a prize which is so rarely within their reach; and + as the evil is almost irremediable for the candidates who fail, the + consequence of their disappointed ambition may prove most disastrous: if, + on the other hand, the legal struggle can be repeated within a short space + of time, the defeated parties take patience. + </p> + <p> + When elections occur frequently, this recurrence keeps society in a + perpetual state of feverish excitement, and imparts a continual + instability to public affairs. + </p> + <p> + Thus, on the one hand, the state is exposed to the perils of a revolution, + on the other, to perpetual mutability; the former system threatens the + very existence of the government, the latter is an obstacle to all steady + and consistent policy. The Americans have preferred the second of these + evils to the first; but they were led to this conclusion by their instinct + much more than by their reason; for a taste for variety is one of the + characteristic passions of democracy. An extraordinary mutability has, by + this means, been introduced into their legislation. + </p> + <p> + Many of the Americans consider the instability of their laws as a + necessary consequence of a system whose general results are beneficial. + But no one in the United States affects to deny the fact of this + instability, or to contend that it is not a great evil. + </p> + <p> + Hamilton, after having demonstrated the utility of a power which might + prevent, or which might at least impede, the promulgation of bad laws, + adds: "It may perhaps be said that the power of preventing bad laws + includes that of preventing good ones, and may be used to the one purpose + as well as to the other. But this objection will have but little weight + with those who can properly estimate the mischiefs of that inconstancy and + mutability in the laws which form the greatest blemish in the character + and genius of our government."—(Federalist, No. 73.) + </p> + <p> + And again, in No. 62 of the same work, he observes: "The facility and + excess of law-making seem to be the diseases to which our governments are + most liable.... The mischievous effects of the mutability in the public + councils arising from a rapid succession of new members, would fill a + volume; every new election in the states is found to change one half of + the representatives. From this change of men must proceed a change of + opinions and of measures which forfeits the respect and confidence of + nations, poisons the blessings of liberty itself, and diminishes the + attachment and reverence of the people toward a political system which + betrays so many marks of infirmity." + </p> + <p> + Jefferson himself, the greatest democrat whom the democracy of America has + as yet produced, pointed out the same evils. + </p> + <p> + "The instability of our laws," he said in a letter to Madison, "is really + a very serious inconvenience. I think we ought to have obviated it by + deciding that a whole year should always be allowed to elapse between the + bringing in of a bill and the final passing of it. It should afterward be + discussed and put to the vote without the possibility of making any + alteration in it; and if the circumstances of the case required a more + speedy decision, the question should not be decided by a simple majority, + but by a majority of at least two thirds of both houses." + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + PUBLIC OFFICERS UNDER THE CONTROL OF THE DEMOCRACY OF AMERICA. + </h3> + <p> + Simple Exterior of the American public Officers.—No official + Costume.—All public Officers are remunerated.—Political + Consequences of this System.—No public Career exists in America.—Result + of this. + </p> + <p> + Public officers in the United States are commingled with the crowd of + citizens; they have neither palaces, nor guards, nor ceremonial costumes. + This simple exterior of the persons in authority is connected, not only + with the peculiarities of the American character, but with the fundamental + principles of that society. In the estimation of the democracy, a + government is not a benefit, but a necessary evil. A certain degree of + power must be granted to public officers, for they would be of no use + without it. But the ostensible semblance of authority is by no means + indispensable to the conduct of affairs; and it is needlessly offensive to + the susceptibility of the public. The public officers themselves are well + aware that they only enjoy the superiority over their fellow citizens, + which they derive from their authority, upon condition of putting + themselves on a level with the whole community by their manners. A public + officer in the United States is uniformly civil, accessible to all the + world, attentive to all requests, and obliging in all his replies. I was + pleased by these characteristics of a democratic government; and I was + struck by the manly independence of the citizens, who respect the office + more than the officer, and who are less attached to the emblems of + authority than to the man who bears them. + </p> + <p> + I am inclined to believe that the influence which costumes really + exercise, in an age like that in which we live, has been a good deal + exaggerated. I never perceived that a public officer in America was the + less respected while he was in the discharge of his duties because his own + merit was set off by no adventitious signs. On the other hand, it is very + doubtful whether a peculiar dress contributes to the respect which public + characters ought to have for their own position, at least when they are + not otherwise inclined to respect it. When a magistrate (and in France + such instances are not rare), indulges his trivial wit at the expense of a + prisoner, or derides a predicament in which a culprit is placed, it would + be well to deprive him of his robes of office, to see whether he would + recall some portion of the natural dignity of mankind when he is reduced + to the apparel of a private citizen. + </p> + <p> + A democracy may, however, allow a certain show of magisterial pomp, and + clothe its officers in silks and gold, without seriously compromising its + principles. Privileges of this kind are transitory; they belong to the + place, and are distinct from the individual: but if public officers are + not uniformly remunerated by the state, the public charges must be + intrusted to men of opulence and independence, who constitute the basis of + an aristocracy; and if the people still retains its right of election, + that election can only be made from a certain class of citizens. + </p> + <p> + When a democratic republic renders offices which had formerly been + remunerated, gratuitous, it may safely be believed that that state is + advancing to monarchical institutions; and when a monarchy begins to + remunerate such officers as had hitherto been unpaid, it is a sure sign + that it is approaching toward a despotic or a republican form of + government. The substitution of paid for unpaid functionaries is of + itself, in my opinion, sufficient to constitute a serious revolution. + </p> + <p> + I look upon the entire absence of gratuitous functionaries in America as + one of the most prominent signs of the absolute dominion which democracy + exercises in that country. All public services, of whatsoever nature they + may be, are paid; so that every one has not merely a right, but also the + means of performing them. Although, in democratic states, all the citizens + are qualified to occupy stations in the government, all are not tempted to + try for them. The number and the capacities of the candidates are more apt + to restrict the choice of electors than the conditions of the + candidateship. + </p> + <p> + In nations in which the principle of election extends to every place in + the state, no political career can, properly speaking, be said to exist. + Men are promoted as if by chance to the rank which they enjoy, and they + are by no means sure of retaining it. The consequence is that in tranquil + times public functions offer but few lures to ambition. In the United + States the persons who engage in the perplexities of political life are + individuals of very moderate pretensions. The pursuit of wealth generally + diverts men of great talents and of great passions from the pursuit of + power; and it very frequently happens that a man does not undertake to + direct the fortune of the state until he has discovered his incompetence + to conduct his own affairs. The vast number of very ordinary men who + occupy public stations is quite as attributable to these causes as to the + bad choice of the democracy. In the United States, I am not sure that the + people would return the men of superior abilities who might solicit its + support, but it is certain that men of this description do not come + forward. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + ARBITRARY POWER OF MAGISTRATES{164} UNDER THE RULE OF AMERICAN DEMOCRACY. + </p> + <p> + For what Reason the arbitrary Power of Magistrates is greater in absolute + Monarchies and in democratic Republics that it is in limited Monarchies.—Arbitrary + Power of the Magistrates in New England. + </p> + <p> + In two different kinds of government the magistrates exercise a + considerable degree of arbitrary power; namely, under the absolute + government of a single individual, and under that of a democracy. + </p> + <p> + This identical result proceeds from causes which are nearly analogous. + </p> + <p> + In despotic states the fortune of no citizen is secure; and public + officers are not more safe than private individuals. The sovereign, who + has under his control the lives, the property, and sometimes the honor of + the men whom he employs, does not scruple to allow them a great latitude + of action, because he is convinced that they will not use it to his + prejudice. In despotic states the sovereign is so attached to the exercise + of his power, that he dislikes the constraint even of his own regulations; + and he is well pleased that his agents should follow a somewhat fortuitous + line of conduct, provided he be certain that their actions will never + counteract his desires. + </p> + <p> + In democracies, as the majority has every year the right of depriving the + officers whom it has appointed of their power, it has no reason to fear + abuse of their authority. As the people is always able to signify its + wishes to those who conduct the government, it prefers leaving them to + make their own exertions, to prescribing an invariable rule of conduct + which would at once fetter their activity and the popular authority. + </p> + <p> + It may even be observed, on attentive consideration, that under the rule + of a democracy the arbitrary power of the magistrate must be still greater + than in despotic states. In the latter, the sovereign has the power of + punishing all the faults with which he becomes acquainted, but it would be + vain for him to hope to become acquainted with all those which are + committed. In the former the sovereign power is not only supreme, but it + is universally present. The American functionaries are, in point of fact, + much more independent in the sphere of action which the law traces out for + them, than any public officer in Europe. Very frequently the object which + they are to accomplish is simply pointed out to them, and the choice of + the means is left to their own discretion. + </p> + <p> + In New England, for instance, the selectmen of each township are bound to + draw up the list of persons who are to serve on the jury; the only rule + which is laid down to guide them in their choice is that they are to + select citizens possessing the elective franchise and enjoying a fair + reputation.{165} In France the lives and liberties of the subjects would + be thought to be in danger, if a public officer of any kind was intrusted + with so formidable a right. In New England, the same magistrates are + empowered to post the names of habitual drunkards in public houses, and to + prohibit the inhabitants of a town from supplying them with liquor.{166} A + censorial power of this excessive kind would be revolting to the + population of the most absolute monarchies; here, however, it is submitted + to without difficulty. + </p> + <p> + Nowhere has so much been left by the law to the arbitrary determination of + the magistrates as in democratic republics, because this arbitrary power + is unattended by any alarming consequences. It may even be asserted that + the freedom of the magistrate increases as the elective franchise is + extended, and as the duration of the time of office is shortened. Hence + arises the great difficulty which attends the conversion of a democratic + republic into a monarchy. The magistrate ceases to be elective, but he + retains the rights and the habits of an elected officer, which lead + directly to despotism. + </p> + <p> + It is only in limited monarchies that the law which prescribes the sphere + in which public officers are to act, superintends all their measures. The + cause of this may be easily detected. In limited monarchies the power is + divided between the king and the people, both of whom are interested in + the stability of the magistrate. The king does not venture to place the + public officers under the control of the people, lest they should be + tempted to betray his interests; on the other hand, the people fears lest + the magistrates should serve to oppress the liberties of the country, if + they were entirely dependent upon the crown: they cannot therefore be said + to depend on either the one or the other. The same cause which induces the + king and the people to render public officers independent, suggests the + necessity of such securities as may prevent their independence from + encroaching upon the authority of the former and the liberties of the + latter. They consequently agree as to the necessity of restricting the + functionary to a line of conduct laid down beforehand, and they are + interested in confining him by certain regulations which he cannot evade. + </p> + <p> + {The observations respecting the arbitrary powers of magistrates are + practically among the most erroneous in the work. The author seems to have + confounded the idea of magistrates being <i>independent</i> with their + being arbitrary. Yet he had just before spoken of their dependance on + popular election as a reason why there was no apprehension of the abuse of + their authority. The independence, then, to which he alludes must be an + immunity from responsibility to any other department. But it is a + fundamental principle of our system, that all officers are liable to + criminal prosecution "whenever they act partially or oppressively from a + malicious or corrupt motive." See 15 Wendell's Reports, 278. That our + magistrates are independent when they do not act partially or oppressively + is very true, and, it is to be hoped, is equally true in every form of + government. There would seem, therefore, not to be such a degree of + independence as necessarily to produce arbitrariness. The author supposes + that magistrates are more arbitrary in a despotism and in a democracy than + in a limited monarchy. And yet, the limits of independence and of + responsibility existing in the United States are borrowed from and + identical with those established in England—the most prominent + instance of a limited monarchy. See the authorities referred to in the + case in Wendell's Reports, before quoted. Discretion in the execution of + various ministerial duties, and in the awarding of punishment by judicial + officers, is indispensable in every system of government, from the utter + impossibility of "laying down beforehand a line of conduct" (as the author + expresses it) in such cases. The very instances of discretionary power to + which he refers, and which he considers <i>arbitrary</i>, exist in + England. There, the persons from whom juries are to be formed for the + trial of causes, civil and criminal, are selected by the sheriffs, who are + appointed by the crown—a power, certainly more liable to abuse in + their hands, than in those of selectmen or other town-officers, chosen + annually by the people. The other power referred to, that of posting the + names of habitual drunkards, and forbidding their being supplied with + liquor, is but a reiteration of the principles contained in the English + statute of 32 Geo. III., ch. 45, respecting idle and disorderly persons. + Indeed it may be said with great confidence, that there is not an instance + of discretionary power being vested in American magistrates which does not + find its prototype in the English laws. The whole argument of the author + on this point, therefore, would seem to fail.—<i>American Editor</i>.} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + INSTABILITY OF THE ADMINISTRATION IN THE UNITED STATES. + </h3> + <p> + In America the public Acts of a Community frequently leave fewer Traces + than the Occurrences of a Family.—Newspapers the only historical + Remains.—Instability of the Administration prejudicial to the Art of + Government. + </p> + <p> + The authority which public men possess in America is so brief, and they + are so soon commingled with the ever-changing population of the country, + that the acts of a community frequently leave fewer traces than the + occurrences of a private family. The public administration is, so to + speak, oral and traditionary. But little is committed to writing, and that + little is wafted away for ever, like the leaves of the sibyl, by the + smallest breeze. + </p> + <p> + The only historical remains in the United States are the newspapers; but + if a number be wanting, the chain of time is broken, and the present is + severed from the past. I am convinced that in fifty years it will be more + difficult to collect authentic documents concerning the social condition + of the Americans at the present day, than it is to find remains of the + administration of France during the middle ages; and if the United States + were ever invaded by barbarians, it would be necessary to have recourse to + the history of other nations, in order to learn anything of the people + which now inhabits them. + </p> + <p> + The instability of the administration has penetrated into the habits of + the people: it even appears to suit the general taste, and no one cares + for what occurred before his time. No methodical system is pursued; no + archives are formed; and no documents are brought together when it would + be very easy to do so. Where they exist little store is set upon them; and + I have among my papers several original public documents which were given + to me in answer to some of my inquiries. In America society seems to live + from hand to mouth, like an army in the field. Nevertheless, the art of + administration may undoubtedly be ranked as a science, and no sciences can + be improved, if the discoveries and observations of successive generations + are not connected together in the order in which they occur. One man, in + the short space of his life, remarks a fact; another conceives an idea; + the former invents a means of execution, the latter reduces a truth to a + fixed proposition; and mankind gathers the fruits of individual experience + upon its way, and gradually forms the sciences. But the persons who + conduct the administration in America can seldom afford any instruction to + each other; and when they assume the direction of society, they simply + possess those attainments which are most widely disseminated in the + community, and no experience peculiar to themselves. Democracy, carried to + its farthest limits, is therefore prejudicial to the art of government; + and for this reason it is better adapted to a people already versed in the + conduct of an administration, than to a nation which is uninitiated in + public affairs. + </p> + <p> + This remark, indeed, is not exclusively applicable to the science of + administration. Although a democratic government is founded upon a very + simple and natural principle, it always presupposes the existence of a + high degree of culture and enlightenment in society.{167} At the first + glance it may be imagined to belong to the earliest ages of the world; but + maturer observation will convince us that it could only come last in the + succession of human history. + </p> + <p> + {These remarks upon the "instability of administration" in America, are + partly correct, but partly erroneous. It is certainly true that our public + men are not educated to the business of government; even our diplomatists + are selected with very little reference to their experience in that + department. But the universal attention that is paid by the intelligent, + to the measures of government and to the discussions to which they give + rise, is in itself no slight preparation for the ordinary duties of + legislation. And, indeed, this the author subsequently seems to admit. As + to there being "no archives formed" of public documents, the author is + certainly mistaken. The journals of congress, the journals of state + legislatures, the public documents transmitted to and originating in those + bodies, are carefully preserved and disseminated through the nation: and + they furnish in themselves the materials of a full and accurate history. + Our great defect, doubtless, is in the want of statistical information. + Excepting the annual reports of the state of our commerce, made by the + secretary of the treasury, under law, and excepting the census which is + taken every ten years under the authority of congress, and those taken by + the states, we have no official statistics. It is supposed that the author + had this species of information in his mind when he alluded to the general + deficiency of our archives.—<i>American Editor</i>.} + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + CHARGES LEVIED BY THE STATE UNDER THE RULE OF THE AMERICAN DEMOCRACY. + </h3> + <p> + In all Communities Citizens divisible into three Classes.—Habits of + each of these Classes in the Direction of public Finances.—Why + public Expenditures must tend to increase when the People governs.—What + renders the Extravagance of a Democracy less to be feared in America.—Public + Expenditure under a Democracy. + </p> + <p> + Before we can affirm whether a democratic form of government is economical + or not, we must establish a suitable standard of comparison. The question + would be one of easy solution if we were to attempt to draw a parallel + between a democratic republic and an absolute monarchy. The public + expenditure would be found to be more considerable under the former than + under the latter; such is the case with all free states compared to those + which are not so. It is certain that despotism ruins individuals by + preventing them from producing wealth, much more than by depriving them of + the wealth they have produced: it dries up the source of riches, while it + usually respects acquired property. Freedom, on the contrary, engenders + far more benefits than it destroys; and the nations which are favored by + free institutions, invariably find that their resources increase even more + rapidly than their taxes. + </p> + <p> + My present object is to compare free nations to each other; and to point + out the influence of democracy upon the finances of a state. + </p> + <p> + Communities, as well as organic bodies, are subject to certain fixed rules + in their formation which they cannot evade. They are composed of certain + elements which are common to them at all times and under all + circumstances. The people may always be mentally divided into three + distinct classes. The first of these classes consists of the wealthy; the + second, of those who are in easy circumstances; and the third is composed + of those who have little or no property, and who subsist more especially + by the work which they perform for the two superior orders. The proportion + of the individuals who are included in these three divisions may vary + according to the condition of society; but the divisions themselves can + never be obliterated. + </p> + <p> + It is evident that each of these classes will exercise an influence, + peculiar to its own propensities, upon the administration of the finances + of the state. If the first of the three exclusively possess the + legislative power, it is probable that it will not be sparing of the + public funds, because the taxes which are levied on a large fortune only + tend to diminish the sum of superfluous enjoyment, and are, in point of + fact, but little felt. If the second class has the power of making the + laws, it will certainly not be lavish of taxes, because nothing is so + onerous as a large impost which is levied upon a small income. The + government of the middle classes appears to me to be the most economical, + though perhaps not the most enlightened, and certainly not the most + generous, of free governments. + </p> + <p> + But let us now suppose that the legislative authority is vested in the + lowest orders: there are two striking reasons which show that the tendency + of the expenditure will be to increase, not to diminish. + </p> + <p> + As the great majority of those who create the laws are possessed of no + property upon which taxes can be imposed, all the money which is spent for + the community appears to be spent to their advantage, at no cost of their + own; and those who are possessed of some little property readily find + means of regulating the taxes so that they are burthensome to the wealthy + and profitable to the poor, although the rich are unable to take the same + advantage when they are in possession of the government. + </p> + <p> + In countries in which the poor{168} should be exclusively invested with + the power of making the laws, no great economy of public expenditure ought + to be expected; that expenditure will always be considerable; either + because the taxes do not weigh upon those who levy them, or because they + are levied in such a manner as not to weigh upon those classes. In other + words, the government of the democracy is the only one under which the + power which lays on taxes escapes the payment of them. + </p> + <p> + It may be objected (but the argument has no real weight) that the true + interest of the people is indissolubly connected with that of the + wealthier portion of the community, since it cannot but suffer by the + severe measures to which it resorts. But is it not the true interest of + kings to render their subjects happy; and the true interest of nobles to + admit recruits into their order on suitable grounds? If remote advantages + had power to prevail over the passions and the exigencies of the moment, + no such thing as a tyrannical sovereign or an exclusive aristocracy could + ever exist. + </p> + <p> + Again, it may be objected that the poor are never invested with the sole + power of making the laws; but I reply, that wherever universal suffrage + has been established, the majority of the community unquestionably + exercises the legislative authority, and if it be proved that the poor + always constitute the majority, it may be added, with perfect truth, that + in the countries in which they possess the elective franchise, they + possess the sole power of making laws. But it is certain that in all the + nations of the world the greater number has always consisted of those + persons who hold no property, or of those whose property is insufficient + to exempt them from the necessity of working in order to procure an easy + subsistence. Universal suffrage does therefore in point of fact invest the + poor with the government of society. + </p> + <p> + The disastrous influence which popular authority may sometimes exercise + upon the finances of a state, was very clearly seen in some of the + democratic republics of antiquity, in which the public treasure was + exhausted in order to relieve indigent citizens, or to supply the games + and theatrical amusements of the populace. It is true that the + representative system was then very imperfectly known, and that, at the + present time, the influence of popular passions is less felt in the + conduct of public affairs; but it may be believed that the delegate will + in the end conform to the principles of his constituents, and favor their + propensities as much as their interests. + </p> + <p> + The extravagance of democracy is, however, less to be dreaded in + proportion as the people acquires a share of property, because on the one + hand the contributions of the rich are then less needed, and on the other, + it is more difficult to lay on taxes which do not affect the interests of + the lower classes. On this account universal suffrage would be less + dangerous in France than in England, because in the latter country the + property on which taxes may be levied is vested in fewer hands. America, + where the great majority of the citizens is possessed of some fortune, is + in a still more favorable position than France. + </p> + <p> + There are still farther causes which may increase the sum of public + expenditures in democratic countries. When the aristocracy governs, the + individuals who conduct the affairs of state are exempted, by their own + station in society, from every kind of privation: they are contented with + their position; power and renown are the objects for which they strive; + and, as they are placed far above the obscurer throng of citizens, they do + not always distinctly perceive how the wellbeing of the mass of the people + ought to redound to their own honor. They are not indeed, callous to the + sufferings of the poor, but they cannot feel those miseries as acutely as + if they were themselves partakers of them. Provided that the people appear + to submit to its lot, the rulers are satisfied and they demand nothing + farther from the government. An aristocracy is more intent upon the means + of maintaining its influence, than upon the means of improving its + condition. + </p> + <p> + When, on the contrary, the people is invested with the supreme authority, + the perpetual sense of their own miseries impels the rulers of society to + seek for perpetual meliorations. A thousand different objects are + subjected to improvement; the most trivial details are sought out as + susceptible of amendment; and those changes which are accompanied with + considerable expense, are more especially advocated, since the object is + to render the condition of the poor more tolerable, who cannot pay for + themselves. + </p> + <p> + Moreover, all democratic communities are agitated by an ill-defined + excitement, and by a kind of feverish impatience, that engenders a + multitude of innovations, almost all of which are attended with expense. + </p> + <p> + In monarchies and aristocracies, the natural taste which the rulers have + for power and for renown, is stimulated by the promptings of ambition, and + they are frequently incited by these temptations to very costly + undertakings. In democracies, where the rulers labor under privations, + they can only be courted by such means as improve their wellbeing, and + these improvements cannot take place without a sacrifice of money. When a + people begins to reflect upon its situation, it discovers a multitude of + wants, to which it had not before been subject, and to satisfy these + exigencies, recourse must be had to the coffers of the state. Hence it + arises, that the public charges increase in proportion as civilisation + spreads, and that the imposts are augmented as knowledge pervades the + community. + </p> + <p> + The last cause which frequently renders a democratic government dearer + than any other is, that a democracy does not always succeed in moderating + its expenditure, because it does not understand the art of being + economical. As the designs which it entertains are frequently changed, and + the agents of those designs are more frequently removed, its undertakings + are often ill-conducted or left unfinished; in the former case the state + spends sums out of all proportion to the end which it proposes to + accomplish; in the second, the expense itself is unprofitable. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + TENDENCIES OF THE AMERICAN DEMOCRACY AS REGARDS THE SALARIES OF PUBLIC + OFFICERS. + </p> + <p> + In Democracies those who establish high Salaries have no Chance of + profiting by them.—Tendency of the American Democracy to increase + the Salaries of subordinate Officers, and to lower those of the more + important functionaries.—Reason of this.—Comparative Statement + of the Salaries of public Officers in the United States and in France. + </p> + <p> + There is a powerful reason which usually induces democracies to economise + upon the salaries of public officers. As the number of citizens who + dispense the remuneration is extremely large in democratic countries, so + the number of persons who can hope to be benefited by the receipt of it is + comparatively small. In aristocratic countries, on the contrary, the + individuals who appoint high salaries, have almost always a vague hope of + profiting by them. These appointments may be looked upon as a capital + which they create for their own use, or at least, as a resource for their + children. + </p> + <p> + It must, however, be allowed that a democratic state is most parsimonious + toward its principal agents. In America the secondary officers are much + better paid, and the dignitaries of the administration much worse than + they are elsewhere. + </p> + <p> + These opposite effects result from the same cause: the people fixes the + salaries of the public officers in both cases; and the scale of + remuneration is determined by the consideration of its own wants. It is + held to be fair that the servants of the public should be placed in the + same easy circumstances as the public itself;{169} but when the question + turns upon the salaries of the great officers of state, this rule fails, + and chance alone can guide the popular decision. The poor have no adequate + conceptions of the wants which the higher classes of society may feel. The + sum which is scanty to the rich, appears enormous to the poor man, whose + wants do not extend beyond the necessaries of life: and in his estimation + the governor of a state, with his two or three hundred a year, is a very + fortunate and enviable being.{170} If you undertake to convince him that + the representative of a great people ought to be able to maintain some + show of splendor in the eyes of foreign nations, he will perhaps assent to + your meaning; but when he reflects on his own humble dwelling, and on the + hard-earned produce of his wearisome toil, he remembers all that he could + do with a salary which you say is insufficient, and he is startled or + almost frightened at the sight of such uncommon wealth. Besides, the + secondary public officer is almost on a level with the people, while the + others are raised above it. The former may therefore excite his interest, + but the latter begins to arouse his envy. + </p> + <p> + This is very clearly seen in the United States, where the salaries seem to + decrease as the authority of those who receive them augments.{171} + </p> + <p> + Under the rule of an aristocracy it frequently happens, on the contrary, + that while the high officers are receiving munificent salaries, the + inferior ones have not more than enough to procure the necessaries of + life. The reason of this fact is easily discoverable from causes very + analogous to those to which I have just alluded. If a democracy is unable + to conceive the pleasures of the rich, or to see them without envy, an + aristocracy is slow to understand, or, to speak more correctly, is + unacquainted with the privations of the poor. The poor man is not (if we + use the term aright) the fellow of the rich one; but he is the being of + another species. An aristocracy is therefore apt to care but little for + the fate of its subordinate agents: and their salaries are only raised + when they refuse to perform their service for too scanty a remuneration. + </p> + <p> + It is the parsimonious conduct of democracy toward its principal officers, + which has countenanced a supposition of far more economical propensities + than any which it really possesses. It is true that it scarcely allows the + means of honorable subsistence to the individuals who conduct its affairs; + but enormous sums are lavished to meet the exigencies or to facilitate the + enjoyments of the people.{172} The money raised by taxation may be better + employed, but it is not saved. In general, democracy gives largely to the + community, and very sparingly to those who govern it. The reverse is the + case in the aristocratic countries, where the money of the state is + expended to the profit of the persons who are at the head of affairs. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + DIFFICULTY OF DISTINGUISHING THE CAUSES WHICH CONTRIBUTE TO THE ECONOMY OF + THE AMERICAN GOVERNMENT. + </p> + <p> + We are liable to frequent errors in the research of those facts which + exercise a serious influence upon the fate of mankind, since nothing is + more difficult than to appreciate their real value. One people is + naturally inconsistent and enthusiastic; another is sober and calculating; + and these characteristics originate in their physical constitution, or in + remote causes with which we are unacquainted. + </p> + <p> + There are nations which are fond of parade and the bustle of festivity, + and which do not regret the costly gaieties of an hour. Others, on the + contrary, are attached to more retiring pleasures, and seem almost ashamed + of appearing to be pleased. In some countries the highest value is set + upon the beauty of public edifices; in others the productions of art are + treated with indifference, and everything which is unproductive is looked + down upon with contempt. In some renown, in others money, is the ruling + passion. + </p> + <p> + Independently of the laws, all these causes concur to exercise a very + powerful influence upon the conduct of the finances of the state. If the + Americans never spend the money of the people in galas, it is not only + because the imposition of taxes is under the control of the people, but + because the people takes no delight in public rejoicings. If they + repudiate all ornament from their architecture, and set no store on any + but the more practical and homely advantages, it is not only because they + live under democratic institutions, but because they are a commercial + nation. The habits of private life are continued in public; and we ought + carefully to distinguish that economy which depends upon their + institutions, from that which is the natural result of their manners and + customs. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + WHETHER THE EXPENDITURE OF THE UNITED STATES CAN BE COMPARED TO THAT OF + FRANCE. + </p> + <p> + Two Points to be established in order to estimate the Extent of the public + Charges, viz.: the national Wealth, and the Rate of Taxation.—The + Wealth and the Charges of France not accurately known.—Why the + Wealth and Charges of the Union cannot be accurately known.—Researches + of the Author with a View to discover the Amount of Taxation in + Pennsylvania.—General Symptoms which may serve to indicate the + Amount of the public Charges in a given Nation.—Result of this + Investigation for the Union. + </p> + <p> + Many attempts have recently been made in France to compare the public + expenditure of that country with the expenditure of the United States; all + these attempts have, however, been unattended by success; and a few words + will suffice to show that they could not have had a satisfactory result. + </p> + <p> + In order to estimate the amount of the public charges of a people, two + preliminaries are indispensable; it is necessary, in the first place, to + know the wealth of that people; and in the second, to learn what portion + of that wealth is devoted to the expenditure of the state. To show the + amount of taxation without showing the resources which are destined to + meet the demand, is to undertake a futile labor; for it is not the + expenditure, but the relation of the expenditure to the revenue, which it + is desirable to know. + </p> + <p> + The same rate of taxation which may easily be supported by a wealthy + contributor, will reduce a poor one to extreme misery. The wealth of + nations is composed of several distinct elements, of which population is + the first, real property the second, and personal property the third. The + first of these three elements may be discovered without difficulty. + </p> + <p> + Among civilized nations it is easy to obtain an accurate census of the + inhabitants; but the two others cannot be determined with so much + facility. It is difficult to take an exact account of all the lands in a + country which are under cultivation, with their natural or their acquired + value; and it is still more impossible to estimate the entire personal + property which is at the disposal of the nation, and which eludes the + strictest analysis by the diversity and number of shapes under which it + may occur. And, indeed, we find that the most ancient civilized nations of + Europe, including even those in which the administration is most central, + have not succeeded, as yet, in determining the exact condition of their + wealth. + </p> + <p> + In America the attempt has never been made; for how would such an + investigation be possible in a country where society has not yet settled + into habits of regularity and tranquillity; where the national government + is not assisted by a multitude of agents whose exertions it can command, + and direct to one sole end; and where statistics are not studied, because + no one is able to collect the necessary documents, or can find time to + peruse them? Thus the primary elements of the calculations which have been + made in France, cannot be obtained in the Union; the relative wealth of + the two countries is unknown: the property of the former is not accurately + determined, and no means exist of computing that of the latter. + </p> + <p> + I consent, therefore, for the sake of the discussion, to abandon this + necessary term of the comparison, and I confine myself to a computation of + the actual amount of taxation, without investigating the relation which + subsists between the taxation and the revenue. But the reader will + perceive that my task has not been facilitated by the limits which I here + lay down for my researches. + </p> + <p> + It cannot be doubted that the central administration of France, assisted + by all the public officers who are at its disposal, might determine with + exactitude the amount of the direct and indirect taxes levied upon the + citizens. But this investigation, which no private individual can + undertake, has not hitherto been completed by the French government, or, + at least, its results have not been made public. We are acquainted with + the sum total of the state; we know the amount of the departmental + expenditure; but the expenses of the communal divisions have not been + computed, and the amount of the public expenses of France is unknown. + </p> + <p> + If we now turn to America, we shall perceive that the difficulties are + multiplied and enhanced. The Union publishes an exact return of the amount + of its expenditure; the budgets of the four-and-twenty states furnish + similar returns of their revenues; but the expenses incident to the + affairs of the counties and the townships are unknown.{173} + </p> + <p> + The authority of the federal government cannot oblige the provincial + governments to throw any light upon this point; and even if these + governments were inclined to afford their simultaneous co-operation, it + may be doubted whether they possess the means of procuring a satisfactory + answer. Independently of the natural difficulties of the task, the + political organization of the country would act as a hindrance to the + success of their efforts. The county and town magistrates are not + appointed by the authorities of the state, and they are not subjected to + their control. It is therefore very allowable to suppose, that if the + state was desirous of obtaining the returns which we require, its designs + would be counteracted by the neglect of those subordinate officers whom it + would be obliged to employ.{174} It is, in point of fact, useless to + inquire what the Americans might do to forward this inquiry, since it is + certain that they have hitherto done nothing at all. There does not exist + a single individual at the present day, in America or in Europe, who can + inform us what each citizen of the Union annually contributes to the + public charges of the nation.{175} + </p> + <p> + If I attempt to compare the French budget with the budget of the Union, it + must be remembered that the latter embraces much fewer objects than the + central government of the former country, and that the expenditure must + consequently be much smaller. If I contrast the budgets of the departments + to those of the states which constitute the Union, it must be observed, + that as the power and control exercised by the states is much greater than + that which is exercised by the departments, their expenditure is also more + considerable. As for the budgets of the counties, nothing of the kind + occurs in the French system of finance; and it is, again, doubtful whether + the corresponding expenses should be referred to the budget of the state + or to those of the municipal divisions. + </p> + <p> + Municipal expenses exist in both countries, but they are not always + analogous. In America the townships discharge a variety of offices which + are reserved in France to the departments or the state. It may, moreover, + be asked, what is to be understood by the municipal expenses of America. + The organization of the municipal bodies or townships differs in the + several states: Are we to be guided by what occurs in New England or in + Georgia, in Pennsylvania or the state of Illinois? + </p> + <p> + A kind of analogy may very readily be perceived between certain budgets in + the two countries: but as the elements of which they are composed always + differ more or less, no fair comparison can be instituted between them. + </p> + <p> + Hence we must conclude, that it is no less difficult to compare the social + expenditure, than it is to estimate the relative wealth of France and of + America. I will even add, that it would be dangerous to attempt this + comparison; for when statistics are not founded upon computations which + are strictly accurate, they mislead instead of guiding aright. The mind is + easily imposed upon by the false affectation of exactitude which prevails + even in the mis-statements of the science, and adopts with confidence the + errors which are apparelled in the forms of mathematical truth. + </p> + <p> + We abandon, therefore, our numerical investigation, with the hope of + meeting with data of another kind. In the absence of positive documents, + we may form an opinion as to the proportion which the taxation of a people + bears to its real prosperity, by observing whether its external appearance + is flourishing; whether, after having discharged the calls of the state, + the poor man retains the means of subsistence, and the rich the means of + enjoyment; and whether both classes are contented with their position, + seeking however to meliorate it by perpetual exertions, so that industry + is never in want of capital, nor capital unemployed by industry. The + observer who draws his inferences from these signs will, undoubtedly, be + led to the conclusion, that the American of the United States contributes + a much smaller portion of his income to the state than the citizen of + France. Nor, indeed, can the result be otherwise. + </p> + <p> + A portion of the French debt is the consequence of two successive + invasions; and the Union has no similar calamity to fear. A nation placed + upon the continent of Europe is obliged to maintain a large standing army; + the isolated position of the Union enables it to have only 6,000 soldiers. + The French have a fleet of 300 sail; the Americans have 52 vessels.{176} + How, then, can the inhabitant of the Union be called upon to contribute as + largely as the inhabitant of France? No parallel can be drawn between the + finances of two countries so differently situated. + </p> + <p> + It is by examining what actually takes place in the Union, and not by + comparing the Union with France, that we may discover whether the American + government is really economical. On casting my eyes over the different + republics which form the confederation, I perceive that their governments + lack perseverance in their undertakings, and that they exercise no steady + control over the men whom they employ. Whence I naturally infer, that they + must often spend the money of the people to no purpose, or consume more of + it than is really necessary to their undertakings. Great efforts are made, + in accordance with the democratic origin of society, to satisfy the + exigencies of the lower orders, to open the career of power to their + endeavors, and to diffuse knowledge and comfort among them. The poor are + maintained, immense sums are annually devoted to public instruction, all + services whatsoever are remunerated, and the most subordinate agents are + liberally paid. If this kind of government appears to me to be useful and + rational, I am nevertheless constrained to admit that it is expensive. + </p> + <p> + Wherever the poor direct public affairs and dispose of the national + resources, it appears certain, that as they profit by the expenditure of + the state, they are apt to augment that expenditure. + </p> + <p> + I conclude therefore, without having recourse to inaccurate computations, + and without hazarding a comparison which might prove incorrect, that the + democratic government of the Americans is not a cheap government, as is + sometimes asserted; and I have no hesitation in predicting, that if the + people of the United States is ever involved in serious difficulties, its + taxation will speedily be increased to the rate of that which prevails in + the greater part of the aristocracies and the monarchies of Europe. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + CORRUPTION AND VICES OF THE RULERS IN A DEMOCRACY, AND CONSEQUENT EFFECTS + UPON PUBLIC MORALITY. + </p> + <p> + In Aristocracies Rulers sometimes endeavor to corrupt the People.—In + Democracies Rulers frequently show themselves to be corrupt.—In the + former their Vices are directly prejudicial to the Morality of the People.—In + the latter their indirect Influence is still more pernicious. + </p> + <p> + A distinction must be made, when the aristocratic and the democratic + principles mutually inveigh against each other, as tending to facilitate + corruption. In aristocratic governments the individuals who are placed at + the head of affairs are rich men, who are solely desirous of power. In + democracies statesmen are poor, and they have their fortunes to make. The + consequence is, that in aristocratic states the rulers are rarely + accessible to corruption, and have very little craving for money; while + the reverse is the case in democratic nations. + </p> + <p> + But in aristocracies, as those who are desirous of arriving at the head of + affairs are possessed of considerable wealth, and as the number of persons + by whose assistance they may rise is comparatively small, the government + is, if I may use the expression, put up to a sort of auction. In + democracies, on the contrary, those who are covetous of power are very + seldom wealthy, and the number of citizens who confer that power is + extremely great. Perhaps in democracies the number of men who might be + bought is by no means smaller, but buyers are rarely to be met with; and, + besides, it would be necessary to buy so many persons at once, that the + attempt is rendered nugatory. + </p> + <p> + Many of the men who have been in the administration in France during the + last forty years, have been accused of making their fortunes at the + expense of the state or of its allies; a reproach which was rarely + addressed to the public characters of the ancient monarchy. But in France + the practice of bribing electors is almost unknown, while it is + notoriously and publicly carried on in England. In the United States I + never heard a man accused of spending his wealth in corrupting the + populace; but I have often heard the probity of public officers + questioned; still more frequently have I heard their success attributed to + low intrigues and immoral practices. + </p> + <p> + If, then, the men who conduct the government of an aristocracy sometimes + endeavor to corrupt the people, the heads of a democracy are themselves + corrupt. In the former case the morality of the people is directly + assailed; in the latter, an indirect influence is exercised upon the + people, which is still more to be dreaded. + </p> + <p> + As the rulers of democratic nations are almost always exposed to the + suspicion of dishonorable conduct, they in some measure lend the authority + of the government to the base practices of which they are accused. They + thus afford an example which must prove discouraging to the struggles of + virtuous independence, and must foster the secret calculations of a + vicious ambition. If it be asserted that evil passions are displayed in + all ranks of society; that they ascend the throne by hereditary right; and + that despicable characters are to be met with at the head of aristocratic + nations as well as in the sphere of a democracy; this objection has but + little weight in my estimation. The corruption of men who have casually + risen to power has a coarse and vulgar infection in it, which renders it + contagious to the multitude. On the contrary, there is a kind of + aristocratic refinement, and an air of grandeur, in the depravity of the + great, which frequently prevents it from spreading abroad. + </p> + <p> + The people can never penetrate the perplexing labyrinth of court intrigue, + and it will always have difficulty in detecting the turpitude which lurks + under elegant manners, refined tastes, and graceful language. But to + pillage the public purse, and to vend the favors of the state, are arts + which the meanest villain may comprehend, and hope to practise in his + turn. + </p> + <p> + In reality it is far less prejudicial to be a witness to the immorality of + the great, than to that immorality which leads to greatness. In a + democracy, private citizens see a man of their own rank in life, who rises + from that obscure position, and who becomes possessed of riches and of + power in a few years: the spectacle excites their surprise and their envy: + and they are led to inquire how the person who was yesterday their equal, + is to-day their ruler. To attribute his rise to his talents or his virtues + is unpleasant; for it is tacitly to acknowledge that they are themselves + less virtuous and less talented than he was. They are therefore led (and + not unfrequently their conjecture is a correct one) to impute his success + mainly to some of his defects; and an odious mixture is thus formed of the + ideas of turpitude and power, unworthiness and success, utility and + dishonor. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + EFFORTS OF WHICH A DEMOCRACY IS CAPABLE. + </h3> + <p> + The Union has only had one struggle hitherto for its Existence.—Enthusiasm + at the Commencement of the War.—Indifference toward its Close.—Difficulty + of establishing a military Conscription or impressment of Seamen in + America.—Why a democratic People is less capable of sustained Effort + than another. + </p> + <p> + I here warn the reader that I speak of a government which implicitly + follows the real desires of the people, and not of a government which + simply commands in its name. Nothing is so irresistible as a tyrannical + power commanding in the name of the people, because, while it exercises + that moral influence which belongs to the decisions of the majority, it + acts at the same time with the promptitude and the tenacity of a single + man. + </p> + <p> + It is difficult to say what degree of exertion a democratic government may + be capable of making, at a crisis in the history of the nation. But no + great democratic republic has hitherto existed in the world. To style the + oligarchy which ruled over France in 1793, by that name, would be to offer + an insult to the republican form of government. The United States afford + the first example of the kind. + </p> + <p> + The American Union has now subsisted for half a century, in the course of + which time its existence has only once been attacked, namely, during the + war of independence. At the commencement of that long war, various + occurrences took place which betokened an extraordinary zeal for the + service of the country.{177} But as the contest was prolonged, symptoms of + private egotism began to show themselves. No money was poured into the + public treasury; few recruits could be raised to join the army; the people + wished to acquire independence, but was very ill disposed to undergo the + privations by which alone it could be obtained. "Tax laws," says Hamilton + in the Federalist (No. 12), "have in vain been multiplied; new methods to + enforce the collection have in vain been tried; the public expectation has + been uniformly disappointed; and the treasuries of the states have + remained empty. The popular system of administration inherent in the + nature of popular government, coinciding with the real scarcity of money + incident to a languid and mutilated state of trade, has hitherto defeated + every experiment for extensive collections, and has at length taught the + different legislatures the folly of attempting them." + </p> + <p> + The United States have not had any serious war to carry on since that + period. In order, therefore, to appreciate the sacrifices which democratic + nations may impose upon themselves, we must wait until the American people + is obliged to put half its entire income at the disposal of the + government, as was done by the English; or until it sends forth a + twentieth part of its population to the field of battle, as was done by + France. + </p> + <p> + In America the use of conscription is unknown, and men are induced to + enlist by bounties. The notions and habits of the people of the United + States are so opposed to compulsory enlistments, that I do not imagine + that it can ever be sanctioned by the laws. What is termed the + conscription in France is assuredly the heaviest tax upon the population + of that country; yet how could a great continental war be carried on + without it? The Americans have not adopted the British impressment of + seamen, and they have nothing which corresponds to the French system of + maritime conscription; the navy, as well as the merchant service, is + supplied by voluntary engagement. But it is not easy to conceive how a + people can sustain a great maritime war, without having recourse to one or + the other of these two systems. Indeed, the Union, which has fought with + some honor upon the seas, has never possessed a very numerous fleet, and + the equipment of the small number of American vessels has always been + excessively expensive. + </p> + <p> + {The remark that "in America the use of conscription is unknown, and men + are induced to enlist by bounties," is not exactly correct. During the + last war with Great Britain, the state of New York, in October, 1814 (see + the laws of that session, p. 15), passed an act to raise troops for the + defence of the state, in which the whole body of the militia were directed + to be classed, and each class to furnish one soldier, so as to make up the + whole number of 12,000 directed to be raised. In case of the refusal of a + class to furnish a man, one was to be detached from them by ballot, and + was compelled to procure a substitute or serve personally. The + intervention of peace rendered proceedings under the act unnecessary, and + we have not, therefore, the light of experience to form an opinion whether + such a plan of raising a military force is practicable. Other states + passed similar laws. The system of classing was borrowed from the practice + of the revolution.—<i>American Editor</i>.} + </p> + <p> + I have heard American statesmen confess that the Union will have great + difficulty in maintaining its rank on the seas, without adopting the + system of impressment or of maritime conscription; but the difficulty is + to induce the people, which exercises the supreme authority, to submit to + impressment or any compulsory system. + </p> + <p> + It is incontestable, that in times of danger a free people displays far + more energy than one which is not so. But I incline to believe, that this + is more especially the case in those free nations in which the democratic + element preponderates. Democracy appears to me to be much better adapted + for the peaceful conduct of society, or for an occasional effort of + remarkable vigor, than for the hardy and prolonged endurance of the storms + which beset the political existence of nations. The reason is very + evident; it is enthusiasm which prompts men to expose themselves to + dangers and privations; but they will not support them long without + reflection. There is more calculation, even in the impulses of bravery, + than is generally attributed to them; and although the first efforts are + suggested by passion, perseverance is maintained by a distinct regard of + the purpose in view. A portion of what we value is exposed, in order to + save the remainder. + </p> + <p> + But it is this distinct perception of the future, founded upon a sound + judgment and an enlightened experience, which is most frequently wanting + in democracies. The populace is more apt to feel than to reason; and if + its present sufferings are great, it is to be feared that the still + greater sufferings attendant upon defeat will be forgotten. + </p> + <p> + Another cause tends to render the efforts of a democratic government less + persevering than those of an aristocracy. Not only are the lower classes + less awakened than the higher orders to the good or evil chances of the + future, but they are liable to suffer far more acutely from present + privations. The noble exposes his life, indeed, but the chance of glory is + equal to the chance of harm. If he sacrifices a large portion of his + income to the state, he deprives himself for a time of the pleasure of + affluence; but to the poor man death is embellished by no pomp or renown; + and the imposts which are irksome to the rich are fatal to him. + </p> + <p> + This relative impotence of democratic republics is, perhaps, the greatest + obstacle to the foundation of a republic of this kind in Europe. In order + that such a state should subsist in one country of the Old World, it would + be necessary that similar institutions should be introduced into all the + other nations. + </p> + <p> + I am of opinion that a democratic government tends in the end to increase + the real strength of society; but it can never combine, upon a single + point and at a given time, so much power as an aristocracy or a monarchy. + If a democratic country remained during a whole century subject to a + republican government, it would probably at the end of that period be more + populous and more prosperous than the neighboring despotic states. But it + would have incurred the risk of being conquered much oftener than they + would in that lapse of years. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + SELF-CONTROL OF THE AMERICAN DEMOCRACY. + </h3> + <p> + The American People acquiesces slowly, or frequently does not acquiesce in + what is beneficial to its Interests.—The faults of the American + Democracy are for the most part reparable. + </p> + <p> + The difficulty which a democracy has in conquering the passions, and in + subduing the exigencies of the moment, with a view to the future, is + conspicuous in the most trivial occurrences in the United States. The + people which is surrounded by flatterers, has great difficulty in + surmounting its inclinations; and whenever it is solicited to undergo a + privation or any kind of inconvenience, even to attain an end which is + sanctioned by its own rational conviction, it almost always refuses to + comply at first. The deference of the Americans to the laws has been very + justly applauded; but it must be added, that in America the legislation is + made by the people and for the people. Consequently, in the United States, + the law favors those classes which are most interested in evading it + elsewhere. It may therefore be supposed that an offensive law, which + should not be acknowledged to be one of immediate utility, would either + not be enacted or would not be obeyed. + </p> + <p> + In America there is no law against fraudulent bankruptcies; not because + they are few, but because there are a great number of bankruptcies. The + dread of being prosecuted as a bankrupt acts with more intensity upon the + mind of the majority of the people, than the fear of being involved in + losses or ruin by the failure of other parties; and a sort of guilty + tolerance is extended by the public conscience, to an offence which every + one condemns in his individual capacity. In the new states of the + southwest, the citizens generally take justice into their own hands, and + murders are of very frequent occurrence. This arises from the rude manners + and the ignorance of the inhabitants of those deserts, who do not perceive + the utility of investing the law with adequate force, and who prefer duels + to prosecutions. + </p> + <p> + Some one observed to me one day, in Philadelphia, that almost all crimes + in America are caused by the abuse of intoxicating liquors, which the + lower classes can procure in great abundance from their excessive + cheapness.—"How comes it," said I, "that you do not put a duty upon + brandy?"—"Our legislators," rejoined my informant, "have frequently + thought of this expedient; but the task of putting it in operation is a + difficult one: a revolt might be apprehended; and the members who should + vote for a law of this kind would be sure of losing their seats."—"Whence + I am to infer," I replied, "that the drinking population constitutes the + majority in your country and that temperance is somewhat unpopular." + </p> + <p> + When these things are pointed out to the American statesmen, they content + themselves with assuring you that time will operate the necessary change, + and that the experience of evil will teach the people its true interests. + This is frequently true; although a democracy is more liable to error than + a monarch or a body of nobles, the chances of its regaining the right + path, when once it has acknowledged its mistake, are greater also; because + it is rarely embarrassed by internal interests, which conflict with those + of the majority, and resist the authority of reason. But a democracy can + only obtain truth as the result of experience; and many nations may + forfeit their existence, while they are awaiting the consequences of their + errors. + </p> + <p> + The great privilege of the Americans does not simply consist in their + being more enlightened than other nations, but in their being able to + repair the faults they may commit. To which it must be added, that a + democracy cannot derive substantial benefit from past experience, unless + it be arrived at a certain pitch of knowledge and civilisation. There are + tribes and peoples whose education has been so vicious, and whose + character presents so strange a mixture of passion, of ignorance, and of + erroneous notions upon all subjects, that they are unable to discern the + cause of their own wretchedness, and they fall a sacrifice to ills with + which they are unacquainted. + </p> + <p> + I have crossed vast tracts of country that were formerly inhabited by + powerful Indian nations which are now extinct; I have myself passed some + time in the midst of mutilated tribes, which see the daily decline of + their numerical strength, and of the glory of their independence; and I + have heard these Indians themselves anticipate the impending doom of their + race. Every European can perceive means which would rescue these + unfortunate beings from inevitable destruction. They alone are insensible + to the expedient; they feel the woe which year after year heaps upon their + heads, but they will perish to a man without accepting the remedy. It + would be necessary to employ force to induce them to submit to the + protection and the constraint of civilisation. + </p> + <p> + The incessant revolutions which have convulsed the South American + provinces for the last quarter of a century have frequently been adverted + to with astonishment, and expectations have been expressed that those + nations would speedily return to their natural state. But can it be + affirmed that the turmoil of revolution is not actually the most natural + state of the South American Spaniards at the present time? In that country + society is plunged into difficulties from which all its efforts are + insufficient to rescue it. The inhabitants of that fair portion of the + western hemisphere seem obstinately bent on pursuing the work of inward + havoc. If they fall into a momentary repose from the effects of + exhaustion, that repose prepares them for a fresh state of phrensy. When I + consider their condition, which alternates between misery and crime, I + should be inclined to believe that despotism itself would be a benefit to + them, if it were possible that the words despotism and benefit could ever + be united in my mind. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + CONDUCT OF FOREIGN AFFAIRS BY THE AMERICAN DEMOCRACY. + </h3> + <p> + Direction given to the foreign Policy of the United States by Washington + and Jefferson.—Almost all the defects inherent in democratic + Institutions are brought to light in the Conduct of foreign Affairs.—Their + advantages are less perceptible. + </p> + <p> + We have seen that the federal constitution intrusts the permanent + direction of the external interests of the nation to the president and the + senate;{178} which tends in some degree to detach the general foreign + policy of the Union from the control of the people. It cannot therefore be + asserted, with truth, that the external affairs of state are conducted by + the democracy. The policy of America owes its rise to Washington, and + after him to Jefferson, who established those principles which it observes + at the present day. Washington said, in the admirable letter which he + addressed to his fellow-citizens, and which may be looked upon as his + political bequest to the country:— + </p> + <p> + "The great rule of conduct for us in regard to foreign nations is, + extending our commercial relations, to have with them as little <i>political</i> + connexion as possible. So far as we have already formed engagements, let + them lie fulfilled with perfect good faith. Here let us stop. + </p> + <p> + "Europe has a set of primary interests, which to us have none, or a very + remote relation. Hence, she must be engaged in frequent controversies, the + causes of which are essentially foreign to our concerns. Hence, therefore, + it must be unwise in us to implicate ourselves, by artificial ties, in the + ordinary vicissitudes of her politics, or the ordinary combinations and + collisions of her friendships or enmities. + </p> + <p> + "Our detached and distant situation invites and enables us to pursue a + different course. If we remain one people, under an efficient government, + the period is not far off when we may defy material injury from external + annoyance; when we may take such an attitude as will cause the neutrality + we may at any time resolve upon to be scrupulously respected; when + belligerent nations, under the impossibility of making acquisitions upon + us, will not lightly hazard the giving us provocation; when we may choose + peace or war, as our interest, guided by justice, shall counsel. + </p> + <p> + "Why forego the advantages of so peculiar a situation? Why quit our own to + stand upon foreign ground? Why, by interweaving our destiny with that of + any part of Europe, entangle our peace and prosperity in the toils of + European ambition, rivalship, interest, humor, or caprice? + </p> + <p> + "It is our true policy to steer clear of permanent alliances with any + portion of the foreign world; so far, I mean, as we are now at liberty to + do it; for let me not be understood as capable of patronising infidelity + to existing engagements. I hold the maxim no less applicable to public + than to private affairs, that honesty is always the best policy. I repeat + it, therefore, let those engagements be observed in their genuine sense; + but in my opinion it is unnecessary, and would be unwise, to extend them. + </p> + <p> + "Taking care always to keep ourselves, by suitable establishments, in a + respectable defensive posture, we may safely trust to temporary alliances + for extraordinary emergencies." + </p> + <p> + In a previous part of the same letter, Washington makes the following + admirable and just remark: "The nation which indulges toward another an + habitual hatred, or an habitual fondness, is, in some degree, a slave. It + is a slave to its animosity or its affection, either of which is + sufficient to lead it astray from its duty and its interest." + </p> + <p> + The political conduct of Washington was always guided by these maxims. He + succeeded in maintaining his country in a state of peace, while all the + other nations of the globe were at war; and he laid it down as a + fundamental doctrine, that the true interest of the Americans consisted in + a perfect neutrality with regard to the internal dissensions of the + European powers. + </p> + <p> + Jefferson went still farther, and introduced a maxim into the policy of + the Union, which affirms, that "the Americans ought never to solicit any + privileges from foreign nations, in order not to be obliged to grant + similar privileges themselves." + </p> + <p> + These two principles, which were so plain and so just as to be adapted to + the capacity of the populace, have greatly simplified the foreign policy + of the United States. As the Union takes no part in the affairs of Europe, + it has, properly speaking, no foreign interests to discuss, since it has + at present no powerful neighbors on the American continent. The country is + as much removed from the passions of the Old World by its position, as by + the line of policy which it has chosen; and it is neither called upon to + repudiate nor to espouse the conflicting interests of Europe; while the + dissensions of the New World are still concealed within the bosom of the + future. + </p> + <p> + The Union is free from all pre-existing obligations; and it is + consequently enabled to profit by the experience of the old nations of + Europe, without being obliged, as they are, to make the best of the past, + and to adapt it to their present circumstances; or to accept that immense + inheritance which they derive from their forefathers—an inheritance + of glory mingled with calamities, and of alliances conflicting with + national antipathies. The foreign policy of the United States is reduced + by its very nature to await the chances of the future history of the + nation; and for the present it consists more in abstaining from + interference than in exerting its activity. + </p> + <p> + It is therefore very difficult to ascertain, at present, what degree of + sagacity the American democracy will display in the conduct of the foreign + policy of the country; and upon this point its adversaries, as well as its + advocates, must suspend their judgment. As for myself, I have no + hesitation in avowing my conviction, that it is most especially in the + conduct of foreign relations, that democratic governments appear to me to + be decidedly inferior to governments carried on upon different principles. + Experience, instruction, and habit, may almost always succeed in creating + a species of practical discretion in democracies, and that science of the + daily occurrences of life which is called good sense. Good sense may + suffice to direct the ordinary course of society; and among a people whose + education has been provided for, the advantages of democratic liberty in + the internal affairs of the country may more than compensate for the evils + inherent in a democratic government. But such is not always the case in + the mutual relations of foreign nations. + </p> + <p> + Foreign politics demand scarcely any of those qualities which a democracy + possesses; and they require, on the contrary, the perfect use of almost + all those faculties in which it is deficient. Democracy is favorable to + the increase of the internal resources of a state; it tends to diffuse a + moderate independence; it promotes the growth of public spirit, and + fortifies the respect which is entertained for law in all classes of + society: and these are advantages which only exercise an indirect + influence over the relations which one people bears to another. But a + democracy is unable to regulate the details of an important undertaking, + to persevere in a design, and to work out its execution in the presence of + serious obstacles. It cannot combine its measures with secrecy, and will + not await their consequences with patience. These are qualities which more + especially belong to an individual or to an aristocracy; and they are + precisely the means by which an individual people attains a predominant + position. + </p> + <p> + If, on the contrary, we observe the natural defects of aristocracy, we + shall find that their influence is comparatively innoxious in the + direction of the external affairs of a state. The capital fault of which + aristocratic bodies may be accused, is that they are more apt to contrive + their own advantage than that of the mass of the people. In foreign + politics it is rare for the interest of the aristocracy to be in any way + distinct from that of the people. + </p> + <p> + The propensity which democracies have to obey the impulse of passion + rather than the suggestions of prudence, and to abandon a mature design + for the gratification of a momentary caprice, was very clearly seen in + America on the breaking out of the French revolution. It was then as + evident to the simplest capacity as it is at the present time, that the + interests of the Americans forbade them to take any part in the contest + which was about to deluge Europe with blood, but which could by no means + injure the welfare of their own country. Nevertheless the sympathies of + the people declared themselves with so much violence in behalf of France, + that nothing but the inflexible character of Washington, and the immense + popularity which he enjoyed, could have prevented the Americans from + declaring war against England. And even then, the exertions, which the + austere reason of that great man made to repress the generous but + imprudent passions of his fellow-citizens, very nearly deprived him of the + sole recompense which he had ever claimed—that of his country's + love. The majority then reprobated the line of policy which he adopted and + which has since been unanimously approved by the nation.{179} + </p> + <p> + If the constitution and the favor of the public had not intrusted the + direction of the foreign affairs of the country to Washington, it is + certain that the American nation would at that time have taken the very + measures which it now condemns. + </p> + <p> + Almost all the nations which have exercised a powerful influence upon the + destinies of the world, by conceiving, following up, and executing vast + designs—from the Romans to the English—have been governed by + aristocratic institutions. Nor will this be a subject of wonder when we + recollect that nothing in the world has so absolute a fixity of purpose as + an aristocracy. The mass of the people may be led astray by ignorance or + passion; the mind of a king may be biased, and his perseverance in his + designs may be shaken—beside which a king is not immortal; but an + aristocratic body is too numerous to be led astray by the blandishments of + intrigue, and yet not numerous enough to yield readily to the intoxicating + influence of unreflecting passion: it has the energy of a firm and + enlightened individual, added to the power which it derives from its + perpetuity. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {164} I here use the word <i>magistrates</i> in the widest sense in which + it can be taken; I apply it to all the officers to whom the execution of + the laws is intrusted. + </p> + <p> + {165} See the act 27th February, 1813, General Collection of the Laws of + Massachusetts, vol. ii., p. 331. It should be added that the Jurors are + afterward drawn from these lists by lot. + </p> + <p> + {166} See the act of 28th February, 1787, General Collection of the Laws + of Massachusetts, vol. i., p. 302. + </p> + <p> + {167} It is needless to observe, that I speak here of the democratic form + of government as applied to a people, not merely to a tribe. + </p> + <p> + {168} The word <i>poor</i> is used here, and throughout the remainder of + this chapter, in a relative and not in an absolute sense. Poor men in + America would often appear rich in comparison with the poor of Europe but + they may with propriety be styled poor in comparison with their more + affluent countrymen. + </p> + <p> + {169} The easy circumstances in which secondary functionaries are placed + in the United States, result also from another cause, which is independent + of the general tendencies of democracy: every kind of private business is + very lucrative, and the state would not be served at all if it did not pay + its servants. The country is in the position of a commercial undertaking, + which is obliged to sustain an expensive competition, notwithstanding its + taste for economy. + </p> + <p> + {170} The state of Ohio, which contains a million of inhabitants, gives + its governor a salary of only $1,200 (260<i>l</i>.) a year. + </p> + <p> + {171} To render this assertion perfectly evident, it will suffice to + examine the scale of salaries of the agents of the federal government. I + have added the salaries attached to the corresponding officers in France, + to complete the comparison:— + </p> +<pre xml:space="preserve"> + UNITED STATES. FRANCE. + <i>Treasury Department</i>. <i>Ministere des Finances</i> + Messenger . . . $ 700 150l. Huissier, 3,500 fr. . . 60l. + Clerk with lowest salary Clerk with lowest salary, + . . . 1,000 217 1,000 to 1,300 fr. . 40 to 72 + Clerk with highest Clerk with highest salary + salary. . 1,600 347 3,200 to 3,600 fr. . 128 to 144 + Chief clerk . 2,000 434 Secretaire-general, 20,000 fr. 800 + Secretary of state . 6,000 1,300 The minister, 80,000 fr. . 3,200 + The President . . 25,000 5,400 The king, 12,000,000 fr. 480,000 +</pre> + <p> + I have perhaps done wrong in selecting France as my standard of + comparison. In France the democratic tendencies of the nation exercise an + ever-increasing influence upon the government, and the chambers show a + disposition to raise the lowest salaries and to lower the principal ones. + Thus the minister of finance, who received 160,000 fr. under the empire, + receives 80,000 fr., in 1835; the directeurs-generaux of finance, who then + received 50,000 fr., now receive only 20,000 fr. + </p> + <p> + {172} See the American budgets for the cost of indigent citizens and + gratuitous instruction. In 1831, 50,000<i>l</i>. were spent in the state + of New York for the maintenance of the poor; and at least 200,000<i>l</i>. + were devoted to gratuitous instruction. (Williams's New York Annual + Register, 1832, pp. 205, 243.) The state of New York contained only + 1,900,000 inhabitants in the year 1830; which is not more than double the + amount of population in the department du Nord in France. + </p> + <p> + {173} The Americans, as we have seen, have four separate budgets; the + Union, the states, the counties, and the townships, having each severally + their own. During my stay in America I made every endeavor to discover the + amount of the public expenditure in the townships and counties of the + principal states of the Union, and I readily obtained the budget of the + larger townships, but I found it quite impossible to procure that of the + smaller ones. I possess, however, some documents relating to county + expenses, which, although incomplete, are still curious. I have to thank + Mr. Richards, mayor of Philadelphia, for the budgets of thirteen of the + counties of Pennsylvania, viz.: Lebanon, Centre, Franklin, Fayette, + Montgomery, Luzerne, Dauphin, Butler, Allegany, Columbia, Northampton, + Northumberland, and Philadelphia, for the year 1830. Their population at + that time consisted of 495,207 inhabitants. On looking at the map of + Pennsylvania, it will be seen that these thirteen counties are scattered + in every direction, and so generally affected by the causes which usually + influence the condition of a country, that they may easily be supposed to + furnish a correct average of the financial state of the counties of + Pennsylvania in general; and thus, upon reckoning that the expenses of + these counties amounted in the year 1830 to about 72,330<i>l</i>., or + nearly 3<i>s</i>. for each inhabitant, and calculating that each of them + contributed in the same year about 10<i>s</i>. 2<i>d</i>. toward the + Union, and about 3<i>s</i>. to the state of Pennsylvania, it appears that + they each contributed as their share of all the public expenses (except + those of the townships), the sum of 16<i>s</i>. 2<i>d</i>. This + calculation is doubly incomplete, as it applies only to a single year and + to one part of the public charges; but it has at least the merit of not + being conjectural. + </p> + <p> + {174} Those who have attempted to draw a comparison between the expenses + of France and America, have at once perceived that no such comparison + could be drawn between the total expenditures of the two countries; but + they have endeavored to contrast detached portions of this expenditure. It + may readily be shown that this second system is not at all less defective + than the first. + </p> + <p> + {175} Even if we knew the exact pecuniary contributions of every French + and American citizen to the coffers of the state, we should only come at a + portion of the truth. Governments not only demand supplies of money, but + they call for personal services, which may be looked upon as equivalent to + a given sum. When a state raises an army, beside the pay of the troops + which is furnished by the entire nation, each soldier must give up his + time, the value of which depends on the use he might make of it if he were + not in the service. The same remark applies to the militia: the citizen + who is in the militia devotes a certain portion of valuable time to the + maintenance of the public peace, and he does in reality surrender to the + state those earnings which he is prevented from gaining. Many other + instances might be cited in addition to these. The governments of France + and America both levy taxes of this kind, which weigh upon the citizens; + but who can estimate with accuracy their relative amount in the two + countries? + </p> + <p> + This, however, is not the last of the difficulties which prevent us from + comparing the expenditure of the Union with that of France. The French + government contracts certain obligations which do not exist in America, + and <i>vice versâ</i>. The French government pays the clergy; in America, + the voluntary principle prevails. In America, there is a legal provision + for the poor; in France they are abandoned to the charity of the public. + The French public officers are paid by a fixed salary: in America they are + allowed certain perquisites. In France, contributions in kind take place + on very few roads; in America upon almost all the thoroughfares: in the + former country the roads are free to all travellers: in the latter + turnpikes abound. All these differences in manner in which contributions + are levied in the two countries, enhance the difficulty of comparing their + expenditure; for there are certain expenses which the citizens would not + be subjected to, or which would at any rate be much less considerable, if + the state did not take upon itself to act in the name of the public. + </p> + <p> + {176} See the details in the budget of the French minister of marine, and + for America, the National Calendar of 1833, p. 228. + </p> + <p> + {177} One of the most singular of these occurrences was the resolution + which the Americans took of temporarily abandoning the use of tea. Those + who know that men usually cling more to their habits than to their life, + will doubtless admire this great and obscure sacrifice which was made by a + whole people. + </p> + <p> + {178} "The president," says the constitution, art. ii., sect. 2, § 2, + "shall have power, by and with the advice and consent of the senate, to + make treaties, provided two-thirds of the senators present concur." The + reader is reminded that the senators are returned for a term of six years, + and that they are chosen by the legislature of each state. + </p> + <p> + {179} See the fifth volume of Marshall's Life of Washington. "In a + government constituted like that of the United States," he says, "it is + impossible for the chief magistrate, however firm he may be, to oppose for + any length of time the torrents of popular opinion; and the prevalent + opinion of that day seemed to incline to war. In fact, in the session of + congress held at the time, it was frequently seen that Washington had lost + the majority in the house of representatives." The violence of the + language used against him in public was extreme, and in a political + meeting they did not scruple to compare him indirectly to the treacherous + Arnold. "By the opposition," says Marshall, "the friends of the + administration were declared to be an aristocratic and corrupt faction, + who, from a desire to introduce monarchy, were hostile to France, and + under the influence of Britain; that they were a paper nobility, whose + extreme sensibility at every measure which threatened the funds, induced a + tame submission to injuries and insults, which the interests and honor of + the nation required them to resist." + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0014" id="link2HCH0014"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XIV. + </h2> + <p> + WHAT THE REAL ADVANTAGES ARE WHICH AMERICAN SOCIETY DERIVES FROM THE + GOVERNMENT OF THE DEMOCRACY. + </p> + <p> + Before I enter upon the subject of the present chapter, I am induced to + remind the reader of what I have more than once adverted to in the course + of this book. The political institutions of the United States appear to me + to be one of the forms of government which a democracy may adopt but I do + not regard the American constitution as the best, or as the only one which + a democratic people may establish. In showing the advantages which the + Americans derive from the government of democracy, I am therefore very far + from meaning, or from believing, that similar advantages can be obtained + only from the same laws. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + GENERAL TENDENCY OF THE LAWS UNDER THE RULE OF THE AMERICAN DEMOCRACY, AND + HABITS OF THOSE WHO APPLY THEM. + </p> + <p> + Defects of a democratic Government easy to be discovered.—Its + advantages only to be discerned by long Observation.—Democracy in + America often inexpert, but the general Tendency of the Laws advantageous.—In + the American Democracy public Officers have no permanent Interests + distinct from those of the Majority.—Result of this State of Things. + </p> + <p> + The defects and the weaknesses of a democratic government may very readily + be discovered; they are demonstrated by the most flagrant instances, while + its beneficial influence is less perceptibly exercised. A single glance + suffices to detect its evil consequences, but its good qualities can only + be discerned by long observation. The laws of the American democracy are + frequently defective or incomplete; they sometimes attack vested rights, + or give a sanction to others which are dangerous to the community; but + even if they were good, the frequent changes which they undergo would be + an evil. How comes it, then, that the American republics prosper, and + maintain their position? + </p> + <p> + In the consideration of laws, a distinction must be carefully observed + between the end at which they aim, and the means by which they are + directed to that end; between their absolute and their relative + excellence. If it be the intention of the legislator to favor the + interests of the minority at the expense of the majority, and if the + measures he takes are so combined as to accomplish the object he has in + view with the least possible expense of time and exertion, the law may be + well drawn up, although its purpose be bad; and the more efficacious it + is, the greater is the mischief which it causes. + </p> + <p> + Democratic laws generally tend to promote the welfare of the greatest + possible number; for they emanate from a majority of the citizens, who are + subject to error, but who cannot have an interest opposed to their own + advantage. The laws of an aristocracy tend, on the contrary, to + concentrate wealth and power in the hands of the minority, because an + aristocracy, by its very nature, constitutes a minority. It may therefore + be asserted, as a general proposition, that the purpose of a democracy, in + the conduct of its legislation, is useful to a greater number of citizens + than that of an aristocracy. This is, however, the sum total of its + advantages. + </p> + <p> + Aristocracies are infinitely more expert in the science of legislation + than democracies ever can be. They are possessed of a self-control which + protects them from the errors of a temporary excitement; and they form + lasting designs which they mature with the assistance of favorable + opportunities. Aristocratic government proceeds with the dexterity of art; + it understands how to make the collective force of all its laws converge + at the same time to a given point. Such is not the case with democracies, + whose laws are almost always ineffective, or inopportune. The means of + democracy are therefore more imperfect than those of aristocracy, and the + measures which it unwittingly adopts are frequently opposed to its own + cause; but the object it has in view is more useful. + </p> + <p> + Let us now imagine a community so organized by nature, or by its + constitution, that it can support the transitory action of bad laws, and + it can await, without destruction, the general tendency of the + legislation: we shall then be able to conceive that a democratic + government, notwithstanding its defects, will be most fitted to conduce to + the prosperity of this community. This is precisely what has occurred in + the United States; and I repeat, what I have before remarked, that the + great advantage of the Americans consists in their being able to commit + faults which they may afterward repair. + </p> + <p> + An analogous observation may be made respecting officers. It is easy to + perceive that the American democracy frequently errs in the choice of the + individuals to whom it intrusts the power of the administration; but it is + more difficult to say why the state prospers under their rule. In the + first place it is to be remarked, that if in a democratic state the + governors have less honesty and less capacity than elsewhere, the governed + on the other hand are more enlightened and more attentive to their + interests. As the people in democracies is more incessantly vigilant in + its affairs, and more jealous of its rights, it prevents its + representatives from abandoning that general line of conduct which its own + interest prescribes. In the second place, it must be remembered that if + the democratic magistrate is more apt to misuse his power, he possesses it + for a shorter period of time. But there is yet another reason which is + still more general and conclusive. It is no doubt of importance to the + welfare of nations that they should be governed by men of talents and + virtue; but it is perhaps still more important that the interests of those + men should not differ from the interests of the community at large; for if + such were the case, virtues of a high order might become useless, and + talents might be turned to a bad account. + </p> + <p> + I say that it is important that the interests of the persons in authority + should not conflict with or oppose the interests of the community at + large; but I do not insist upon their having the same interests as the <i>whole</i> + population, because I am not aware that such a state of things ever + existed in any country. + </p> + <p> + No political form has hitherto been discovered, which is equally favorable + to the prosperity and the development of all the classes into which + society is divided. These classes continue to form, as it were, a certain + number of distinct nations in the same nation; and experience has shown + that it is no less dangerous to place the fate of these classes + exclusively in the hands of any one of them, than it is to make one people + the arbiter of the destiny of another. When the rich alone govern, the + interest of the poor is always endangered; and when the poor make the + laws, that of the rich incurs very serious risks. The advantage of + democracy does not consist, therefore, as has been sometimes asserted, in + favoring the prosperity of all, but simply in contributing to the + well-being of the greatest possible number. + </p> + <p> + The men who are entrusted with the direction of public affairs in the + United States, are frequently inferior, both in capacity and of morality, + to those whom aristocratic institutions would raise to power. But their + interest is identified and confounded with that of the majority of their + fellow-citizens. They may frequently be faithless, and frequently mistake; + but they will never systematically adopt a line of conduct opposed to the + will of the majority; and it is impossible that they should give a + dangerous or an exclusive tendency to the government. + </p> + <p> + The mal-administration of a democratic magistrate is a mere isolated fact, + which only occurs during the short period for which he is elected. + Corruption and incapacity do not act as common interests, which may + connect men permanently with one another. A corrupt or an incapable + magistrate will concert his measures with another magistrate, simply + because that individual is as corrupt and as incapable as himself; and + these two men will never unite their endeavors to promote the corruption + and inaptitude of their remote posterity. The ambition and manoeuvres of + the one will serve, on the contrary, to unmask the other. The vices of a + magistrate, in democratic states, are usually peculiar to his own person. + </p> + <p> + But under aristocratic governments public men are swayed by the interests + of their order, which, if it is sometimes confounded with the interests of + the majority, is very frequently distinct from them. This interest is the + common and lasting bond which unites them together; it induces them to + coalesce, and to combine their efforts in order to attain an end which + does not always ensure the greatest happiness of the greatest number; and + it serves not only to connect the persons in authority, but to unite them + to a considerable portion of the community, since a numerous body of + citizens belongs to the aristocracy, without being invested with official + functions. The aristocratic magistrate is therefore constantly supported + by a portion of the community, as well as by the government of which he is + a member. + </p> + <p> + The common purpose which connects the interest of the magistrates in + aristocracies, with that of a portion of their contemporaries, identifies + it with that of future generations; their influence belongs to the future + as much as to the present. The aristocratic magistrate is urged at the + same time toward the same point, by the passions of the community, by his + own, and I may almost add, by those of his posterity. Is it, then, + wonderful that he does not resist such repeated impulses? And, indeed, + aristocracies are often carried away by the spirit of their order without + being corrupted by it; and they unconsciously fashion society to their own + ends, and prepare it for their own descendants. + </p> + <p> + The English aristocracy is perhaps the most liberal which ever existed, + and no body of men has ever, uninterruptedly, furnished so many honorable + and enlightened individuals to the government of a country. It cannot, + however, escape observation, that in the legislation of England the good + of the poor has been sacrificed to the advantage of the rich, and the + rights of the majority to the privileges of the few. The consequence is + that England, at the present day, combines the extremes of fortune in the + bosom of her society; and her perils and calamities are almost equal to + her power and her renown. + </p> + <p> + In the United States, where the public officers have no interests to + promote connected with their caste, the general and constant influence of + the government is beneficial, although the individuals who conduct it are + frequently unskilful and sometimes contemptible. There is, indeed, a + secret tendency in democratic institutions to render the exertions of the + citizens subservient to the prosperity of the community, notwithstanding + their private vices and mistakes; while in aristocratic institutions there + is a secret propensity, which, notwithstanding the talents and the virtues + of those who conduct the government, leads them to contribute to the evils + which oppress their fellow creatures. In aristocratic governments public + men may frequently do injuries which they do not intend; and in democratic + states they produce advantages which they never thought of. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + PUBLIC SPIRIT IN THE UNITED STATES. + </h3> + <p> + Patriotism of Instinct.—Patriotism of Reflection.—Their + different Characteristics.—Nations ought to strive to acquire the + second when the first has disappeared.—Efforts of the Americans to + acquire it.—Interest of the Individual intimately connected with + that of the Country. + </p> + <p> + There is one sort of patriotic attachment which principally arises from + that instinctive, disinterested, and undefinable feeling which connects + the affections of man with his birthplace. This natural fondness is united + to a taste for ancient customs, and to a reverence for ancestral + traditions of the past; those who cherish it love their country as they + love the mansion of their fathers. They enjoy the tranquillity which it + affords them; they cling to the peaceful habits which they have contracted + within its bosom; they are attached to the reminiscences which it awakens, + and they are even pleased by the state of obedience in which they are + placed. This patriotism is sometimes stimulated by religious enthusiasm, + and then it is capable of making the most prodigious efforts. It is in + itself a kind of religion; it does not reason, but it acts from the + impulse of faith and of sentiment. By some nations the monarch has been + regarded as a personification of the country; and the fervor of patriotism + being converted into the fervor of loyalty, they took a sympathetic pride + in his conquests, and gloried in his power. At one time, under the ancient + monarchy, the French felt a sort of satisfaction in the sense of their + dependence upon the arbitrary pleasure of their king, and they were wont + to say with pride: "We are the subjects of the most powerful king in the + world." + </p> + <p> + But, like all instinctive passions, this kind of patriotism is more apt to + prompt transient exertion than to supply the motives of continuous + endeavor. It may save the state in critical circumstances, but it will not + unfrequently allow the nation to decline in the midst of peace. While the + manners of a people are simple, and its faith unshaken, while society is + steadily based upon traditional institutions, whose legitimacy has never + been contested, this instinctive patriotism is wont to endure. + </p> + <p> + But there is another species of attachment to a country which is more + rational than the one we have been describing. It is perhaps less generous + and less ardent, but it is more fruitful and more lasting; it is coeval + with the spread of knowledge, it is nurtured by the laws, it grows by the + exercise of civil rights, and in the end, it is confounded with the + personal interest of the citizen. A man comprehends the influence which + the prosperity of his country has upon his own welfare; he is aware that + the laws authorize him to contribute his assistance to that prosperity, + and he labors to promote it as a portion of his interest in the first + place, and as a portion of his right in the second. + </p> + <p> + But epochs sometimes occur, in the course of the existence of a nation, at + which the ancient customs of a people are changed, public morality + destroyed, religious belief disturbed, and the spell of tradition broken, + while the diffusion of knowledge is yet imperfect, and the civil rights of + the community are ill secured, or confined within very narrow limits. The + country then assumes a dim and dubious shape in the eyes of the citizens; + they no longer behold it in the soil which they inhabit, for that soil is + to them a dull inanimate clod; nor in the usages of their forefathers, + which they have been taught to look upon as a debasing yoke; nor in + religion, for of that they doubt; nor in the laws, which do not originate + in their own authority; nor in the legislator, whom they fear and despise. + The country is lost to their senses, they can neither discover it under + its own, nor under borrowed features, and they intrench themselves within + the dull precincts of a narrow egotism. They are emancipated from + prejudice, without having acknowledged the empire of reason; they are + animated neither by the instinctive patriotism of monarchical subjects, + nor by the thinking patriotism of republican citizens; but they have + stopped half-way between the two, in the midst of confusion and of + distress. + </p> + <p> + In this predicament, to retreat is impossible; for a people cannot restore + the vivacity of its earlier times, any more than a man can return to the + innocence and the bloom of childhood; such things may be regretted, but + they cannot be renewed. The only thing, then, which remains to be done, is + to proceed, and to accelerate the union of private with public interests, + since the period of disinterested patriotism is gone by for ever. + </p> + <p> + I am certainly very far from averring, that, in order to obtain this + result, the exercise of political rights should be immediately granted to + all the members of the community. But I maintain that the most powerful, + and perhaps the only means of interesting men in the welfare of their + country, which we still possess, is to make them partakers in the + government. At the present time civic zeal seems to me to be inseparable + from the exercise of political rights; and I hold that the number of + citizens will be found to augment or decrease in Europe in proportion as + those rights are extended. + </p> + <p> + In the United States, the inhabitants were thrown but as yesterday upon + the soil which they now occupy, and they brought neither customs nor + traditions with them there; they meet each other for the first time with + no previous acquaintance; in short, the instinctive love of their country + can scarcely exist in their minds; but every one takes as zealous an + interest in the affairs of his township, his country, and of the whole + state, as if they were his own, because every one, in his sphere, takes an + active part in the government of society. + </p> + <p> + The lower orders in the United States are alive to the perception of the + influence exercised by the general prosperity upon their own welfare; and + simple as this observation is, it is one which is but too rarely made by + the people. But in America the people regard this prosperity as the result + of its own exertions; the citizen looks upon the fortune of the public as + his private interest, and he co-operates in its success, not so much from + a sense of pride or of duty, as from what I shall venture to term + cupidity. + </p> + <p> + It is unnecessary to study the institutions and the history of the + Americans in order to discover the truth of this remark, for their manners + render it sufficiently evident. As the American participates in all that + is done in his country, he thinks himself obliged to defend whatever may + be censured; for it is not only his country which is attacked upon these + occasions, but it is himself. The consequence is that his national pride + resorts to a thousand artifices, and to all the petty tricks of individual + vanity. + </p> + <p> + Nothing is more embarrassing in the ordinary intercourse of life than this + irritable patriotism of the Americans. A stranger may be well inclined to + praise many of the institutions of their country, but he begs permission + to blame some of the peculiarities which he observes—a permission + which is however inexorably refused. America is therefore a free country, + in which, lest anybody should be hurt by your remarks, you are not allowed + to speak freely of private individuals or of the state; of the citizens or + of the authorities; of public or of private undertakings; or, in short, of + anything at all, except it be of the climate and the soil; and even then + Americans will be found ready to defend either the one or the other, as if + they had been contrived by the inhabitants of the country. + </p> + <p> + In our times, option must be made between the patriotism of all and the + government of a few; for the force and activity which the first confers, + are irreconcilable with the guarantees of tranquillity which the second + furnishes. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + NOTION OF RIGHTS IN THE UNITED STATES. + </h3> + <p> + No great People without a Notion of Rights.—How the Notion of Rights + can be given to a People.—Respect of Rights in the United States.—Whence + it arises. + </p> + <p> + After the idea of virtue, I am acquainted with no higher principle than + that of right; or, to speak more accurately, these two ideas are + commingled in one. The idea of right is simply that of virtue introduced + into the political world. It is the idea of right which enabled men to + define anarchy and tyranny; and which taught them to remain independent + without arrogance, as well as to obey without servility. The man who + submits to violence is debased by his compliance; but when he obeys the + mandate of one who possesses that right of authority which he acknowledges + in a fellow creature, he rises in some measure above the person who + delivers the command. There are no great men without virtue, and there are + no great nations—it may also be added that there would be no society—without + the notion of rights; for what is the condition of a mass of rational and + intelligent beings who are only united together by the bond of force? + </p> + <p> + I am persuaded that the only means which we possess at the present time of + inculcating the notion of rights, and of rendering it, as it were, + palpable to the senses, is to invest all the members of the community with + the peaceful exercise of certain rights: this is very clearly seen in + children, who are men without the strength and the experience of manhood. + When a child begins to move in the midst of the objects which surround + him, he is instinctively led to turn everything which he can lay his hands + upon to his own purpose; he has no notion of the property of others; but + as he gradually learns the value of things, and begins to perceive that he + may in his turn be deprived of his possessions, he becomes more + circumspect, and he observes those rights in others which he wishes to + have respected in himself. The principle which the child derives from the + possession of his toys, is taught to the man by the objects which he may + call his own. In America those complaints against property in general, + which are so frequent in Europe, are never heard, because in America there + are no paupers; and as every one has property of his own to defend, every + one recognizes the principle upon which he holds it. + </p> + <p> + The same thing occurs in the political world. In America the lowest + classes have conceived a very high notion of political rights, because + they exercise those rights; and they refrain from attacking those of other + people, in order to ensure their own from attack. While in Europe the same + classes sometimes recalcitrate even against the supreme power, the + American submits without a murmur to the authority of the pettiest + magistrate. + </p> + <p> + This truth is exemplified by the most trivial details of national + peculiarities. In France very few pleasures are exclusively reserved for + the higher classes; the poor are admitted wherever the rich are received; + and they consequently behave with propriety, and respect whatever + contributes to the enjoyments in which they themselves participate. In + England, where wealth has a monopoly of amusement as well as of power, + complaints are made that whenever the poor happen to steal into the + enclosures which are reserved for the pleasures of the rich, they commit + acts of wanton mischief: can this be wondered at, since care has been + taken that they should have nothing to lose? + </p> + <p> + The government of the democracy brings the notion of political rights to + the level of the humblest citizens, just as the dissemination of wealth + brings the notion of property within the reach of all the members of the + community; and I confess that, to my mind, this is one of its greatest + advantages. I do not assert that it is easy to teach men to exercise + political rights; but I maintain that when it is possible, the effects + which result from it are highly important: and I add that if there ever + was a time at which such an attempt ought to be made, that time is our + own. It is clear that the influence of religious belief is shaken, and + that the notion of divine rights is declining; it is evident that public + morality is vitiated, and the notion of moral rights is also disappearing: + these are general symptoms of the substitution of argument for faith, and + of calculation for the impulses of sentiment. If, in the midst of this + general disruption, you do not succeed in connecting the notion of rights + with that of personal interest, which is the only immutable point in the + human heart, what means will you have of governing the world except by + fear? When I am told that since the laws are weak and the populace is + wild, since passions are excited and the authority of virtue is paralyzed, + no measures must be taken to increase the rights of the democracy; I reply + that it is for these very reasons that some measures of the kind must be + taken; and I am persuaded that governments are still more interested in + taking them than society at large, because governments are liable to be + destroyed, and society cannot perish. + </p> + <p> + I am not, however, inclined to exaggerate the example which America + furnishes. In those states the people was invested with political rights + at a time when they could scarcely be abused, for the citizens were few in + number and simple in their manners. As they have increased, the Americans + have not augmented the power of the democracy, but they have, if I may use + the expression, extended its dominions. + </p> + <p> + It cannot be doubted that the moment at which political rights are granted + to a people that had before been without them, is a very critical, though + it be a very necessary one. A child may kill before he is aware of the + value of life; and he may deprive another person of his property before he + is aware that his own may be taken away from him. The lower orders, when + first they are invested with political rights, stand in relation to those + rights, in the same position as a child does to the whole of nature, and + the celebrated adage may then be applied to them, <i>Homo, puer robustus</i>. + This truth may even be perceived in America. The states in which the + citizens have enjoyed their rights longest are those in which they make + the best use of them. + </p> + <p> + It cannot be repeated too often that nothing is more fertile in prodigies + than the art of being free; but there is nothing more arduous than the + apprenticeship of liberty. Such is not the case with despotic + institutions; despotism often promises to make amends for a thousand + previous ills; it supports the right, it protects the oppressed, and it + maintains public order. The nation is lulled by the temporary prosperity + which accrues to it, until it is roused to a sense of its own misery. + Liberty, on the contrary, is generally established in the midst of + agitation, it is perfected by civil discord, and its benefits cannot be + appreciated until it is already old. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + RESPECT FOR THE LAW IN THE UNITED STATES. + </h3> + <p> + Respect of the Americans for the Law.—Parental Affection which they + entertain for it.—Personal Interest of every one to increase the + Authority of the Law. + </p> + <p> + It is not always feasible to consult the whole people, either directly or + indirectly, in the formation of the law; but it cannot be denied that when + such a measure is possible, the authority of the law is very much + augmented. This popular origin, which impairs the excellence and the + wisdom of legislation, contributes prodigiously to increase its power. + There is an amazing strength in the expression of the determination of a + whole people; and when it declares itself, the imagination of those who + are most inclined to contest it, is overawed by its authority. The truth + of this fact is very well known by parties; and they consequently strive + to make out a majority whenever they can. If they have not the greater + number of voters on their side, they assert that the true majority + abstained from voting; and if they are foiled even there, they have + recourse to the body of those persons who had no votes to give. + </p> + <p> + In the United States, except slaves, servants, and paupers in the receipt + of relief from the townships, there is no class of persons who do not + exercise the elective franchise, and who do not contribute indirectly to + make the laws. Those who design to attack the laws must consequently + either modify the opinion of the nation or trample upon its decision. + </p> + <p> + A second reason, which is still more weighty, may be farther adduced: in + the United States every one is personally interested in enforcing the + obedience of the whole community to the law; for as the minority may + shortly rally the majority to its principles, it is interested in + professing that respect for the decrees of the legislator, which it may + soon have occasion to claim for its own. However irksome an enactment may + be, the citizen of the United States complies with it, not only because it + is the work of the majority, but because it originates in his own + authority; and he regards it as a contract to which he is himself a party. + </p> + <p> + In the United States, then, that numerous and turbulent multitude does not + exist, which always looks upon the law as its natural enemy, and + accordingly surveys it with fear and with distrust. It is impossible, on + the other hand, not to perceive that all classes display the utmost + reliance upon the legislation of their country, and that they are attached + to it by a kind of parental affection. + </p> + <p> + I am wrong, however, in saying all classes; for as in America the European + scale of authority is inverted, the wealthy are there placed in a position + analogous to that of the poor in the Old World, and it is the opulent + classes which frequently look upon the law with suspicion. I have already + observed that the advantage of democracy is not, as has been sometimes + asserted, that it protects the interests of the whole community, but + simply that it protects those of the majority. In the United States, where + the poor rule, the rich have always some reason to dread the abuses of + their power. This natural anxiety of the rich may produce a sullen + dissatisfaction, but society is not disturbed by it; for the same reason + which induces the rich to withhold their confidence in the legislative + authority, makes them obey its mandates; their wealth, which prevents them + from making the law, prevents them from withstanding it. Among civilized + nations revolts are rarely excited except by such persons as have nothing + to lose by them; and if the laws of a democracy are not always worthy of + respect, at least they always obtain it; for those who usually infringe + the laws have no excuse for not complying with the enactments they have + themselves made, and by which they are themselves benefited, while the + citizens whose interests might be promoted by the infraction of them, are + induced, by their character and their station, to submit to the decisions + of the legislature, whatever they may be. Beside which, the people in + America obeys the law not only because it emanates from the popular + authority, but because that authority may modify it in any points which + may prove vexatory; a law is observed because it is a self-imposed evil in + the first place, and an evil of transient duration in the second. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + ACTIVITY WHICH PERVADES ALL THE BRANCHES OF THE BODY POLITIC IN THE UNITED + STATES; INFLUENCE WHICH IT EXERCISES UPON SOCIETY. + </p> + <p> + More difficult to conceive the political Activity which pervades the + United States than the Freedom and Equality which reign here.—The + great activity which perpetually agitates the legislative Bodies is only + an Episode to the general Activity.—Difficult for an American to + confine himself to his own Business.—Political Agitation extends to + all social intercourse.—Commercial Activity of the Americans partly + attributable to this cause.—Indirect Advantages which Society + derives from a democratic Government. + </p> + <p> + On passing from a country in which free institutions are established to + one where they do not exist, the traveller is struck by the change; in the + former all is bustle and activity, in the latter everything is calm and + motionless. In the one, melioration and progress are the general topics of + inquiry; in the other, it seems as if the community only aspired to repose + in the enjoyment of the advantages which it has acquired. Nevertheless, + the country which exerts itself so strenuously to promote its welfare is + generally more wealthy and more prosperous than that which appears to be + so contented with its lot; and when we compare them together, we can + scarcely conceive how so many new wants are daily felt in the former, + while so few seem to occur in the latter. + </p> + <p> + If this remark is applicable to those free countries in which monarchical + and aristocratic institutions subsist, it is still more striking with + regard to democratic republics. In these states it is not only a portion + of the people which is busied with the melioration of its social + condition, but the whole community is engaged in the task; and it is not + the exigencies and the convenience of a single class for which a provision + is to be made, but the exigencies and the convenience of all ranks of + life. + </p> + <p> + It is not impossible to conceive the surpassing liberty which the + Americans enjoy; some idea may likewise be formed of the extreme equality + which subsists among them; but the political activity which pervades the + United States must be seen in order to be understood. No sooner do you set + foot upon the American soil than you are stunned by a kind of tumult; a + confused clamor is heard on every side; and a thousand simultaneous voices + demand the immediate satisfaction of their social wants. Everything is in + motion around you; here, the people of one quarter of a town are met to + decide upon the building of a church; there, the election of a + representative is going on; a little further, the delegates of a district + are posting to the town in order to consult upon some local improvements; + or, in another place, the laborers of a village quit their ploughs to + deliberate upon the project of a road or a public school. Meetings are + called for the sole purpose of declaring their disapprobation of the line + of conduct pursued by the government; while in other assemblies the + citizens salute the authorities of the day as the fathers of their + country. Societies are formed, which regard drunkenness as the principal + cause of the evils under which the state labors, and which solemnly bind + themselves to give a constant example of temperance.{180} + </p> + <p> + The great political agitation of the American legislative bodies, which is + the only kind of excitement that attracts the attention of foreign + countries, is a mere episode or a sort of continuation of that universal + movement which originates in the lowest classes of the people and extends + successively to all the ranks of society. It is impossible to spend more + efforts in the pursuit of enjoyment. + </p> + <p> + The cares of political life engross a most prominent place in the + occupation of a citizen in the United States; and almost the only pleasure + of which an American has any idea, is to take a part in the government, + and to discuss the part he has taken. This feeling pervades the most + trifling habits of life; even the women frequently attend public meetings, + and listen to political harangues as a recreation after their household + labors. Debating clubs are to a certain extent a substitute for theatrical + entertainments: an American cannot converse, but he can discuss; and when + he attempts to talk he falls into a dissertation. He speaks to you as if + he were addressing a meeting; and if he should warm in the course of the + discussion, he will infallibly say "gentlemen," to the person with whom he + is conversing. + </p> + <p> + In some countries the inhabitants display a certain repugnance to avail + themselves of the political privileges with which the law invests them; it + would seem that they set too high a value upon their time to spend it on + the interests of the community; and they prefer to withdraw within the + exact limits of a wholesome egotism, marked out by four sunk fences and a + quickset hedge. But if an American were condemned to confine his activity + to his own affairs, he would be robbed of one half of his existence; he + would feel an immense void in the life which he is accustomed to lead, and + his wretchedness would be unbearable.{181} I am persuaded that if ever a + despotic government is established in America, it will find it more + difficult to surmount the habits which free institutions have engendered, + than to conquer the attachment of the citizens to freedom. + </p> + <p> + This ceaseless agitation which democratic government has introduced into + the political world, influences all social intercourse. I am not sure that + upon the whole this is not the greatest advantage of democracy; and I am + much less inclined to applaud it for what it does, than for what it causes + to be done. + </p> + <p> + It is incontestable that the people frequently conducts public business + very ill; but it is impossible that the lower orders should take a part in + public business without extending the circle of their ideas, and without + quitting the ordinary routine of their mental acquirements. The humblest + individual who is called upon to co-operate in the government of society, + acquires a certain degree of self-respect; and as he possesses authority, + he can command the services of minds much more enlightened than his own. + He is canvassed by a multitude of applicants, who seek to deceive him in a + thousand different ways, but who instruct him by their deceit. He takes a + part in political undertakings which did not originate in his own + conception, but which give him a taste for undertakings of the kind. New + meliorations are daily pointed out in the property which he holds in + common with others, and this gives him the desire of improving that + property which is more peculiarly his own. He is perhaps neither happier + nor better than those who came before him, but he is better informed and + more active. I have no doubt that the democratic institutions of the + United States, joined to the physical constitution of the country, are the + cause (not the direct, as is so often asserted, but the indirect cause) of + the prodigious commercial activity of the inhabitants. It is not + engendered by the laws, but the people learns how to promote it by the + experience derived from legislation. + </p> + <p> + When the opponents of democracy assert that a single individual performs + the duties which he undertakes much better than the government of the + community, it appears to me that they are perfectly right. The government + of an individual, supposing an equality of instruction on either side, is + more consistent, more persevering, and more accurate than that of a + multitude, and it is much better qualified judiciously to discriminate the + characters of the men it employs. If any deny what I advance, they have + certainly never seen a democratic government, or have formed their opinion + upon very partial evidence. It is true that even when local circumstances + and the disposition of the people allow democratic institutions to + subsist, they never display a regular and methodical system of government. + Democratic liberty is far from accomplishing all the projects it + undertakes, with the skill of an adroit despotism. It frequently abandons + them before they have borne their fruits, or risks them when the + consequences may prove dangerous; but in the end it produces more than any + absolute government, and if it do fewer things well, it does a great + number of things. Under its sway, the transactions of the public + administration are not nearly so important as what is done by private + exertion. Democracy does not confer the most skilful kind of government + upon the people, but it produces that which the most skilful governments + are frequently unable to awaken, namely, an all-pervading and restless + activity, a superabundant force, and an energy which is inseparable from + it, and which may, under favorable circumstances, beget the most amazing + benefits. These are the true advantages of democracy. + </p> + <p> + In the present age, when the destinies of Christendom seem to be in + suspense, some hasten to assail democracy as its foe while it is yet in + its early growth; and others are ready with their vows of adoration for + this new duty which is springing forth from chaos: but both parties are + very imperfectly acquainted with the object of their hatred or of their + desires; they strike in the dark, and distribute their blows by mere + chance. + </p> + <p> + We must first understand what the purport of society and the aim of + government are held to be. If it be your intention to confer a certain + elevation upon the human mind, and to teach it to regard the things of + this world with generous feelings; to inspire men with a scorn of mere + temporal advantage; to give birth to living convictions, and to keep alive + the spirit of honorable devotedness; if you hold it to be a good thing to + refine the habits, to embellish the manners, to cultivate the arts of a + nation, and to promote the love of poetry, of beauty, and of renown; if + you would constitute a people not unfitted to act with power upon all + other nations; nor unprepared for those high enterprises, which, whatever + be the result of its efforts, will leave a name for ever famous in time—if + you believe such to be the principal object of society, you must avoid the + government of democracy, which would be a very uncertain guide to the end + you have in view. + </p> + <p> + But if you hold it to be expedient to divert the moral and intellectual + activity of man to the production of comfort, and to the acquirement of + the necessaries of life; if a clear understanding be more profitable to + men than genius; if your object be not to stimulate the virtues of + heroism, but to create habits of peace; if you had rather behold vices + than crimes, and are content to meet with fewer noble deeds, provided + offences be diminished in the same proportion; if, instead of living in + the midst of a brilliant state of society, you are contented to have + prosperity around you; if, in short, you are of opinion that the principal + object of a government is not to confer the greatest possible share of + power and of glory upon the body of the nation, but to ensure the greatest + degree of enjoyment, and the least degree of misery, to each of the + individuals who compose it—if such be your desires, you can have no + surer means of satisfying them than by equalizing the condition of men, + and establishing democratic institutions. + </p> + <p> + But if the time be past at which such a choice was possible, and if some + superhuman power impel us toward one or the other of these two governments + without consulting our wishes, let us at least endeavor to make the best + of that which is allotted to us: and let us so inquire into its good and + its evil propensities as to be able to foster the former, and repress the + latter to the utmost. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {180} At the time of my stay in the United States the temperance societies + already consisted of more than 270,000 members; and their effect had been + to diminish the consumption of fermented liquors by 500,000 gallons per + annum in the state of Pennsylvania alone. + </p> + <p> + {181} The same remark was made at Rome under the first Caesars. + Montesquieu somewhere alludes to the excessive despondency of certain + Roman citizens who, after the excitement of political life, were all at + once flung back into the stagnation of private life. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0015" id="link2HCH0015"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XV. + </h2> + <p> + UNLIMITED POWER OF THE MAJORITY IN THE UNITED STATES AND ITS CONSEQUENCES. + </p> + <p> + Natural Strength of the Majority in Democracies.—Most of the + American Constitutions have increased this Strength by artificial Means.—How + this has been done.—Pledged Delegates.—Moral Power of the + Majority.—Opinions as to its Infallibility.—Respect for its + Rights, how augmented in the United States. + </p> + <p> + The very essence of democratic government consists in the absolute + sovereignty of the majority: for there is nothing in democratic states + which is capable of resisting it. Most of the American constitutions have + sought to increase this natural strength of the majority by artificial + means.{182} + </p> + <p> + The legislature is, of all political institutions, the one which is most + easily swayed by the wishes of the majority. The Americans determined that + the members of the legislature should be elected by the people + immediately, and for a very brief term, in order to subject them not only + to the general convictions, but even to the daily passions of their + constituents. The members of both houses are taken from the same class in + society, and are nominated in the same manner; so that the modifications + of the legislative bodies are almost as rapid and quite as irresistible as + those of a single assembly. It is to a legislature thus constituted, that + almost all the authority of the government has been intrusted. + </p> + <p> + But while the law increased the strength of those authorities which of + themselves were strong, it enfeebled more and more those which were + naturally weak. It deprived the representatives of the executive of all + stability and independence; and by subjecting them completely to the + caprices of the legislature, it robbed them completely of the slender + influence which the nature of a democratic government might have allowed + them to retain. In several states the judicial power was also submitted to + the elective discretion of the majority; and in all of them its existence + was made to depend on the pleasure of the legislative authority, since the + representatives were empowered annually to regulate the stipend of the + judges. + </p> + <p> + Custom, however, has done even more than law. A proceeding which will in + the end set all the guarantees of representative government at naught, is + becoming more and more general in the United States: it frequently happens + that the electors, who choose a delegate, point out a certain line of + conduct to him, and impose upon him a certain number of positive + obligations which he is pledged to fulfil. With the exception of the + tumult, this comes to the same thing as if the majority of the populace + held its deliberations in the market-place. + </p> + <p> + Several other circumstances concur in rendering the power of the majority + in America, not only preponderant, but irresistible. The moral authority + of the majority is partly based upon the notion, that there is more + intelligence and more wisdom in a great number of men collected together + than in a single individual, and that the quantity of legislators is more + important than their quality. The theory of equality is in fact applied to + the intellect of man; and human pride is thus assailed in its last + retreat, by a doctrine which the minority hesitate to admit, and in which + they very slowly concur. Like all other powers, and perhaps more than all + other powers, the authority of the many requires the sanction of time; at + first it enforces obedience by constraint; but its laws are not respected + until they have long been maintained. + </p> + <p> + The right of governing society, which the majority supposes itself to + derive from its superior intelligence, was introduced into the United + States by the first settlers; and this idea, which would be sufficient of + itself to create a free nation, has now been amalgamated with the manners + of the people, and the minor incidents of social intercourse. + </p> + <p> + The French, under the old monarchy, held it for a maxim (which is still a + fundamental principle of the English constitution), that the king could do + no wrong; and if he did wrong, the blame was imputed to his advisers. This + notion was highly favorable to habits of obedience; and it enabled the + subject to complain of the law, without ceasing to love and honor the + lawgiver. The Americans entertain the same opinion with respect to the + majority. + </p> + <p> + The moral power of the majority is founded upon yet another principle, + which is, that the interests of the many are to be preferred to those of + the few. It will readily be perceived that the respect here professed for + the rights of the majority must naturally increase or diminish according + to the state of parties. When a nation is divided into several + irreconcilable factions, the privilege of the majority is often + overlooked, because it is intolerable to comply with its demands. + </p> + <p> + If there existed in America a class of citizens whom the legislating + majority sought to deprive of exclusive privileges, which they had + possessed for ages, and to bring down from an elevated station to the + level of the ranks of the multitude, it is probable that the minority + would be less ready to comply with its laws. But as the United States were + colonized by men holding an equal rank among themselves, there is as yet + no natural or permanent source of dissension between the interests of its + different inhabitants. + </p> + <p> + There are certain communities in which the persons who constitute the + minority can never hope to draw over the majority to their side, because + they must then give up the very point which is at issue between them. + Thus, an aristocracy can never become a majority while it retains its + exclusive privileges, and it cannot cede its privileges without ceasing to + be an aristocracy. + </p> + <p> + In the United States, political questions cannot be taken up in so general + and absolute a manner; and all parties are willing to recognize the rights + of the majority, because they all hope to turn those rights to their own + advantage at some future time. The majority therefore in that country + exercises a prodigious actual authority, and a moral influence which is + scarcely less preponderant; no obstacles exist which can impede, or so + much as retard its progress, or which can induce it to heed the complaints + of those whom it crushes upon its path. This state of things is fatal in + itself and dangerous for the future. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + HOW THE UNLIMITED POWER OF THE MAJORITY INCREASES, IN AMERICA, THE + INSTABILITY OF LEGISLATION AND THE ADMINISTRATION INHERENT IN DEMOCRACY. + </p> + <p> + The Americans increase the mutability of the Laws which is inherent in + Democracy by changing the Legislature every Year, and by vesting it with + unbounded Authority.—The same Effect is produced upon the + Administration.—In America social Melioration is conducted more + energetically, but less perseveringly than in Europe. + </p> + <p> + I have already spoken of the natural defects of democratic institutions, + and they all of them increase in the exact ratio of the power of the + majority. To begin with the most evident of them all; the mutability of + the laws is an evil inherent in democratic government, because it is + natural to democracies to raise men to power in very rapid succession. But + this evil is more or less sensible in proportion to the authority and the + means of action which the legislature possesses. + </p> + <p> + In America the authority exercised by the legislative bodies is supreme; + nothing prevents them from accomplishing their wishes with celerity, and + with irresistible power, while they are supplied by new representatives + every year. That is to say, the circumstances which contribute most + powerfully to democratic instability, and which admit of the free + application of caprice to every object in the state, are here in full + operation. In conformity with this principle, America is, at the present + day, the country in the world where laws last the shortest time. Almost + all the American constitutions have been amended within the course of + thirty years: there is, therefore, not a single American state which has + not modified the principles of its legislation in that lapse of time. As + for the laws themselves, a single glance upon the archives of the + different states of the Union suffices to convince one, that in America + the activity of the legislator never slackens. Not that the American + democracy is naturally less stable than any other, but that it is allowed + to follow its capricious propensities in the formation of the laws.{183} + </p> + <p> + The omnipotence of the majority and the rapid as well as absolute manner + in which its decisions are executed in the United States, have not only + the effect of rendering the law unstable, but they exercise the same + influence upon the execution of the law and the conduct of the public + administration. As the majority is the only power which it is important to + court, all its projects are taken up with the greatest ardor; but no + sooner is its attention distracted, than all this ardor ceases; while in + the free states of Europe, the administration is at once independent and + secure, so that the projects of the legislature are put into execution, + although its immediate attention may be directed to other objects. + </p> + <p> + In America certain meliorations are undertaken with much more zeal and + activity than elsewhere; in Europe the same ends are promoted by much less + social effort, more continuously applied. + </p> + <p> + Some years ago several pious individuals undertook to meliorate the + condition of the prisons. The public was excited by the statements which + they put forward, and the regeneration of criminals became a very popular + undertaking. New prisons were built; and, for the first time, the idea of + reforming as well as of punishing the delinquent, formed a part of prison + discipline. But this happy alteration, in which the public had taken so + hearty an interest, and which the exertions of the citizens had + irresistibly accelerated, could not be completed in a moment. While the + new penitentiaries were being erected (and it was the pleasure of the + majority they should be terminated with all possible celerity), the old + prisons existed, which still contained a great number of offenders. These + jails became more unwholesome and more corrupt in proportion as the new + establishments were beautified and improved, forming a contrast which may + readily be understood. The majority was so eagerly employed in founding + the new prisons, that those which already existed were forgotten; and as + the general attention was diverted to a novel object, the care which had + hitherto been bestowed upon the others ceased. The salutary regulations of + discipline were first relaxed, and afterward broken; so that in the + immediate neighborhood of a prison which bore witness to the mild and + enlightened spirit of our time, dungeons might be met with, which reminded + the visitor of the barbarity of the middle ages. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + TYRANNY OF THE MAJORITY. + </h3> + <p> + How the Principle of the Sovereignty of the People is to be understood.—Impossibility + of conceiving a mixed Government.—The sovereign Power must centre + somewhere.—Precautions to be taken to control its Action.—These + Precautions have not been taken in the United States.—Consequences. + </p> + <p> + I hold it to be an impious and an execrable maxim that, politically + speaking, a people has a right to do whatsoever it pleases; and yet I have + asserted that all authority originates in the will of the majority. Am I, + then, in contradiction with myself? + </p> + <p> + A general law—which bears the name of justice—has been made + and sanctioned, not only by a majority of this or that people, but by a + majority of mankind. The rights of every people are consequently confined + within the limits of what is just. A nation may be considered in the light + of a jury which is empowered to represent society at large, and to apply + the great and general law of justice. Ought such a jury, which represents + society, to have more power than the society in which the laws it applies + originate? + </p> + <p> + When I refuse to obey an unjust law, I do not contest the right which the + majority has of commanding, but I simply appeal from the sovereignty of + the people to the sovereignty of mankind. It has been asserted that a + people can never entirely outstep the boundaries of justice and of reason + in those affairs which are more peculiarly its own; and that consequently + full power may fearlessly be given to the majority by which it is + represented. But this language is that of a slave. + </p> + <p> + A majority taken collectively may be regarded as a being whose opinions, + and most frequently whose interests, are opposed to those of another + being, which is styled a minority. If it be admitted that a man, + possessing absolute power, may misuse that power by wronging his + adversaries, why should a majority not be liable to the same reproach? Men + are not apt to change their characters by agglomeration; nor does their + patience in the presence of obstacles increase with the consciousness of + their strength.{184} And for these reasons I can never willingly invest + any number of my fellow-creatures with that unlimited authority which I + should refuse to any one of them. + </p> + <p> + I do not think it is possible to combine several principles in the same + government, so as at the same time to maintain freedom, and really to + oppose them to one another. The form of government which is usually termed + <i>mixed</i> has always appeared to me to be a mere chimera. Accurately + speaking, there is no such thing as a mixed government (with the meaning + usually given to that word), because in all communities some one principle + of action may be discovered, which preponderates over the others. England + in the last century, which has been more especially cited as an example of + this form of government, was in point of fact an essentially aristocratic + state, although it comprised very powerful elements of democracy: for the + laws and customs of the country were such, that the aristocracy could not + but preponderate in the end, and subject the direction of public affairs + to its own will. The error arose from too much attention being paid to the + actual struggle which was going on between the nobles and the people, + without considering the probable issue of the contest, which was in + reality the important point. When a community really has a mixed + government, that is to say, when it is equally divided between two adverse + principles, it must either pass through a revolution, or fall into + complete dissolution. + </p> + <p> + I am therefore of opinion that some one social power must always be made + to predominate over the others; but I think that liberty is endangered + when this power is checked by no obstacles which may retard its course, + and force it to moderate its own vehemence. + </p> + <p> + Unlimited power is in itself a bad and dangerous thing; human beings are + not competent to exercise it with discretion; and God alone can be + omnipotent, because his wisdom and his justice are always equal to his + power. But no power upon earth is so worthy of honor for itself, or of + reverential obedience to the rights which it represents, that I would + consent to admit its uncontrolled and all-predominate authority. When I + see that the right and the means of absolute command are conferred on a + people or upon a king, upon an aristocracy or a democracy, a monarchy or a + republic, I recognize the germ of tyranny, and I journey onward to a land + of more hopeful institutions. + </p> + <p> + In my opinion the main evil of the present democratic institutions of the + United States does not arise, as is often asserted in Europe, from their + weakness, but from their overpowering strength; and I am not so much + alarmed at the excessive liberty which reigns in that country, as at the + very inadequate securities which exist against tyranny. + </p> + <p> + When an individual or a party is wronged in the United States, to whom can + he apply for redress? If to public opinion, public opinion constitutes the + majority; if to the legislature, it represents the majority, and + implicitly obeys its instructions: if to the executive power, it is + appointed by the majority and is a passive tool in its hands; the public + troops consist of the majority under arms; the jury is the majority + invested with the right of hearing judicial cases; and in certain states + even the judges are elected by the majority. However iniquitous or absurd + the evil of which you complain may be, you must submit to it as well as + you can.{185} + </p> + <p> + If, on the other hand, a legislative power could be so constituted as to + represent the majority without necessarily being the slave of its + passions; an executive, so as to retain a certain degree of uncontrolled + authority; and a judiciary, so as to remain independent of the two other + powers; a government would be formed which would still be democratic, + without incurring any risk of tyrannical abuse. + </p> + <p> + I do not say that tyrannical abuses frequently occur in America at the + present day; but I maintain that no sure barrier is established against + them, and that the causes which mitigate the government are to be found in + the circumstances and the manners of the country more than its laws. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + EFFECTS OF THE UNLIMITED POWER OF THE MAJORITY UPON THE ARBITRARY + AUTHORITY OF THE AMERICAN PUBLIC OFFICERS. + </p> + <p> + Liberty left by the American Laws to public Officers within a certain + Sphere.—Their Power. + </p> + <p> + A distinction must be drawn between tyranny and arbitrary power. Tyranny + may be exercised by means of the law, and in that case it is not + arbitrary; arbitrary power may be exercised for the good of the community + at large, in which case it is not tyrannical. Tyranny usually employs + arbitrary means, but, if necessary, it can rule without them. + </p> + <p> + In the United States the unbounded power of the majority, which is + favorable to the legal despotism of the legislature, is likewise favorable + to the arbitrary authority of the magistrates. The majority has an entire + control over the law when it is made and when it is executed; and as it + possesses an equal authority over those who are in power, and the + community at large, it considers public officers as its passive agents, + and readily confides the task of serving its designs to their vigilance. + The details of their office and the privileges which they are to enjoy are + rarely defined beforehand; but the majority treats them as a master does + his servants, when they are always at work in his sight, and he has the + power of directing or reprimanding them at every instant. + </p> + <p> + In general the American functionaries are far more independent than the + French civil officers, within the sphere which is prescribed to them. + Sometimes, even, they are allowed by the popular authority to exceed those + bounds; and as they are protected by the opinion, and backed by the + cooperation of the majority, they venture upon such manifestations of + their power as astonish a European. By this means habits are formed in the + heart of a free country which may some day prove fatal to its liberties. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + POWER EXERCISED BY THE MAJORITY IN AMERICA UPON OPINION. + </h3> + <p> + In America, when the Majority has once irrevocably decided a Question, all + Discussion ceases.—Reason of this.—Moral Power exercised by + the Majority upon Opinion.—Democratic Republics have deprived + Despotism of its physical Instruments.—Their Despotism sways the + Minds of Men. + </p> + <p> + It is in the examination of the display of public opinion in the United + States, that we clearly perceive how far the power of the majority + surpasses all the powers with which we are acquainted in Europe. + Intellectual principles exercise an influence which is so invisible and + often so inappreciable, that they baffle the toils of oppression. At the + present time the most absolute monarchs in Europe are unable to prevent + certain notions, which are opposed to their authority, from circulating in + secret throughout their dominions, and even in their courts. Such is not + the case in America; so long as the majority is still undecided, + discussion is carried on; but as soon as its decision is irrevocably + pronounced, a submissive silence is observed; and the friends, as well as + the opponents of the measure, unite in assenting to its propriety. The + reason of this is perfectly clear: no monarch is so absolute as to combine + all the powers of society in his own hands, and to conquer all opposition, + with the energy of a majority, which is invested with the right of making + and of executing the laws. + </p> + <p> + The authority of a king is purely physical, and it controls the actions of + the subject without subduing his private will; but the majority possesses + a power which is physical and moral at the same time; it acts upon the + will as well as upon the actions of men, and it represses not only all + contest, but all controversy. + </p> + <p> + I know no country in which there is so little true independence of mind + and freedom of discussion as in America. In any constitutional state in + Europe every sort of religious and political theory may be advocated and + propagated abroad; for there is no country in Europe so subdued by any + single authority, as not to contain citizens who are ready to protect the + man who raises his voice in the cause of truth, from the consequences of + his hardihood. If he is unfortunate enough to live under an absolute + government, the people is upon his side; if he inhabits a free country, he + may find a shelter behind the authority of the throne, if he require one. + The aristocratic part of society supports him in some countries, and the + democracy in others. But in a nation where democratic institutions exist, + organized like those of the United States, there is but one sole + authority, one single element of strength and success, with nothing beyond + it. + </p> + <p> + In America, the majority raises very formidable barriers to the liberty of + opinion: within these barriers an author may write whatever he pleases, + but he will repent it if he ever step beyond them. Not that he is exposed + to the terrors of an auto-da-fe, but he is tormented by the slights and + persecutions of daily obloquy. His political career is closed for ever, + since he has offended the only authority which is able to promote his + success. Every sort of compensation, even that of celebrity, is refused to + him. Before he published his opinions, he imagined that he held them in + common with many others; but no sooner has he declared them openly, than + he is loudly censured by his overbearing opponents, while those who think, + without having the courage to speak, like him, abandon him in silence. He + yields at length, oppressed by the daily efforts he has been making, and + he subsides into silence as if he was tormented by remorse for having + spoken the truth. + </p> + <p> + Fetters and headsmen were the coarse instruments which tyranny formerly + employed; but the civilisation of our age has refined the arts of + despotism, which seemed however to have been sufficiently perfected + before. The excesses of monarchical power had devised a variety of + political means of oppression; the democratic republics of the present day + have rendered it as entirely an affair of the mind, as that will which it + is intended to coerce. Under the absolute sway of an individual despot, + the body was attacked in order to subdue the soul; and the soul escaped + the blows which were directed against it, and rose superior to the + attempt; but such is not the course adopted by tyranny in democratic + republics; there the body is left free, and the soul is enslaved. The + sovereign can no longer say, "You shall think as I do on pain of death;" + but he says, "You are free to think differently from me, and to retain + your life, your property, and all that you possess; but if such be your + determination, you are henceforth an alien among your people. You may + retain your civil rights, but they will be useless to you, for you will + never be chosen by your fellow-citizens, if you solicit their suffrages; + and they will affect to scorn you, if you solicit their esteem. You will + remain among men, but you will be deprived of the rights of mankind. Your + fellow-creatures will shun you like an impure being; and those who are + most persuaded of your innocence will abandon you too, lest they should be + shunned in their turn. Go in peace! I have given you your life, but it is + an existence incomparably worse than death." + </p> + <p> + Absolute monarchies have thrown an odium upon despotism; let us beware + lest democratic republics should restore oppression, and should render it + less odious and less degrading in the eyes of the many, by making it still + more onerous to the few. + </p> + <p> + Works have been published in the proudest nations of the Old World, + expressly intended to censure the vices and deride the follies of the + time; Labruyère inhabited the palace of Louis XIV. when he composed his + chapter upon the Great, and Molière criticised the courtiers in the very + pieces which were acted before the court. But the ruling power in the + United States is not to be made game of; the smallest reproach irritates + its sensibility, and the slightest joke which has any foundation in truth, + renders it indignant; from the style of its language to the more solid + virtues of its character, everything must be made the subject of encomium. + No writer, whatever be his eminence, can escape from this tribute of + adulation to his fellow-citizens. The majority lives in the perpetual + exercise of self-applause; and there are certain truths which the + Americans can only learn from strangers or from experience. + </p> + <p> + If great writers have not at present existed in America, the reason is + very simply given in these facts; there can be no literary genius without + freedom of opinion, and freedom of opinion does not exist in America. The + inquisition has never been able to prevent a vast number of anti-religious + books from circulating in Spain. The empire of the majority succeeds much + better in the United States, since it actually removes the wish of + publishing them. Unbelievers are to be met with in America, but, to say + the truth, there is no public organ of infidelity. Attempts have been made + by some governments to protect the morality of nations by prohibiting + licentious books. In the United States no one is punished for this sort of + works, but no one is induced to write them; not because all the citizens + are immaculate in their manners, but because the majority of the community + is decent and orderly. + </p> + <p> + In these cases the advantages derived from the exercise of this power are + unquestionable; and I am simply discussing the nature of the power itself. + This irresistible authority is a constant fact, and its beneficent + exercise is an accidental occurrence. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + EFFECTS OF THE TYRANNY OF THE MAJORITY UPON THE NATIONAL CHARACTER IN THE + AMERICANS. + </p> + <p> + Effects of the Tyranny of the Majority more sensibly felt hitherto in the + Manners than in the Conduct of Society.—They check the development + of leading Characters.—Democratic Republics, organized like the + United States, bring the Practice of courting favor within the reach of + the many.—Proofs of this Spirit in the United States.—Why + there is more Patriotism in the People than in those who govern in its + name. + </p> + <p> + The tendencies which I have just alluded to are as yet very slightly + perceptible in political society; but they already begin to exercise an + unfavorable influence upon the national character of the Americans. I am + inclined to attribute the paucity of distinguished political characters to + the ever-increasing activity of the despotism of the majority in the + United States. + </p> + <p> + When the American revolution broke out, they arose in great numbers; for + public opinion then served, not to tyrannize over, but to direct the + exertions of individuals. Those celebrated men took a full part in the + general agitation of mind common at that period, and they attained a high + degree of personal fame, which was reflected back upon the nation, but + which was by no means borrowed from it. + </p> + <p> + In absolute governments, the great nobles who are nearest to the throne + flatter the passions of the sovereign, and voluntarily truckle to his + caprices. But the mass of the nation does not degrade itself by servitude; + it often submits from weakness, from habit, or from ignorance, and + sometimes from loyalty. Some nations have been known to sacrifice their + own desires to those of the sovereign with pleasure and with pride; thus + exhibiting a sort of independence in the very act of submission. These + peoples are miserable, but they are not degraded. There is a great + difference between doing what one does not approve, and feigning to + approve what one does; the one is the necessary case of a weak person, the + other befits the temper of a lacquey. + </p> + <p> + In free countries, where every one is more or less called upon to give his + opinions in the affairs of state; in democratic republics, where public + life is incessantly commingled with domestic affairs, where the sovereign + authority is accessible on every side, and where its attention can almost + always be attracted by vociferation, more persons are to be met with who + speculate upon its foibles, and live at the cost of its passions, than in + absolute monarchies. Not because men are naturally worse in these states + than elsewhere, but the temptation is stronger, and of easier access at + the same time. The result is a far more extensive debasement of the + characters of citizens. + </p> + <p> + Democratic republics extend the practice of currying favor with the many, + and they introduce it into a great number of classes at once: this is one + of the most serious reproaches that can be addressed to them. In + democratic states organized on the principles of the American republics, + this is more especially the case, where the authority of the majority is + so absolute and so irresistible, that a man must give up his rights as a + citizen, and almost abjure his quality as a human being, if he intends to + stray from the track which it lays down. + </p> + <p> + In that immense crowd which throngs the avenues to power in the United + States, I found very few men who displayed any of that manly candor, and + that masculine independence of opinion, which frequently distinguished the + Americans in former times, and which constitute the leading feature in + distinguished characters wheresoever they may be found. It seems, at first + sight, as if all the minds of the Americans were formed upon one model, so + accurately do they correspond in their manner of judging. A stranger does, + indeed, sometimes meet with Americans who dissent from these rigorous + formularies; with men who deplore the defects of the laws, the mutability + and the ignorance of democracy; who even go so far as to observe the evil + tendencies which impair the national character, and to point out such + remedies as it might be possible to apply; but no one is there to hear + these things besides yourself, and you, to whom these secret reflections + are confided, are a stranger and a bird of passage. They are very ready to + communicate truths which are useless to you, but they continue to hold a + different language in public. + </p> + <p> + If ever these lines are read in America, I am well assured of two things: + in the first place, that all who peruse them will raise their voices to + condemn me; and in the second place, that very many of them will acquit me + at the bottom of their conscience. + </p> + <p> + {The author's views upon what he terms the tyranny of the majority, the + despotism of public opinion in the United States, have already excited + some remarks in this country, and will probably give occasion to more. As + stated in the preface to this edition, the editor does not conceive + himself called upon to discuss the speculative opinions of the author and + supposes he will best discharge his duty by confining his observations to + what he deems errors of fact or law. But in reference to this particular + subject, it seems due to the author to remark, that he visited the United + States at a particular time, when a successful political chieftain had + succeeded in establishing his party in power, as it seemed, firmly and + permanently; when the preponderance of that party was immense, and when + there seemed little prospect of any change. He may have met with men, who + sank under the astonishing popularity of General Jackson, who despaired of + the republic, and who therefore shrank from the expression of their + opinions. It must be confessed, however, that the author is obnoxious to + the charge which has been made, of the want of perspicuity and + distinctness in this part of his work. He does not mean that the press was + silent, for he has himself not only noticed, but furnished proof of the + great freedom, not to say licentiousness, with which it assailed the + character of the president, and the measures of his administration. + </p> + <p> + He does not mean to represent the opponents of the dominant party as + having thrown down their weapons of warfare, for his book shows throughout + his knowledge of the existence of an active and able party, constantly + opposing and harassing the administration. + </p> + <p> + But, after a careful perusal of the chapters on this subject, the editor + is inclined to the opinion, that M. De Tocqueville intends to speak of the + <i>tyranny of the party</i> in excluding from public employment all those + who do not adopt the <i>Shibboleth</i> of the majority. The language at + pp. 266, 267, which he puts in the mouth of a majority, and his + observations immediately preceding this note, seem to furnish the key to + his meaning; although it must be admitted that there are other passages to + which a wider construction may be given. Perhaps they may be reconciled by + the idea that the author considers the acts and opinions of the dominant + party as the just and true expression of public opinion. And hence, when + he speaks of the intolerance of public opinion, he means the exclusiveness + of the party, which, for the time being, may be predominant. He had seen + men of acknowledged competency removed from office, or excluded from it, + wholly on the ground of their entertaining opinions hostile to those of + the dominant party, or majority. And he had seen this system extended to + the very lowest officers of the government, and applied by the electors in + their choice of all officers of all descriptions; and this he deemed + persecution—tyranny—despotism. But he surely is mistaken in + representing the effect of this system of terror as stifling all + complaint, silencing all opposition, and inducing "enemies and friends to + yoke themselves alike to the triumphant car of the majority." He mistook a + temporary state of parties for a permanent and ordinary result, and he was + carried away by the immense majority that then supported the + administration, to the belief of a universal acquiescence. Without + intending here to speak of the merits or demerits of those who represented + that majority, it is proper to remark, that the great change which has + taken place since the period when the author wrote, in the political + condition of the very persons who he supposed then wielded the terrors of + disfranchisement against their opponents, in itself furnishes a full and + complete demonstration of the error of his opinions respecting the "true + independence of mind and freedom of discussion" in America. For without + such discussion to enlighten the minds of the people, and without a stern + independence of the rewards and threats of those in power, the change + alluded to could not have occurred. + </p> + <p> + There is reason to complain not only of the ambiguity, but of the style of + exaggeration which pervades all the remarks of the author on this subject—so + different from the well considered and nicely adjusted language employed + by him on all other topics. Thus, p. 262, he implies that there is no + means of redress afforded even by the judiciary, for a wrong committed by + the majority. His error is, <i>first</i>, in supposing the jury to + constitute the judicial power; <i>second</i>, overlooking what he has + himself elsewhere so well described, the independence of the judiciary, + and its means of controlling the action of a majority in a state or in the + federal government; and <i>thirdly</i>, in omitting the proper + consideration of the frequent changes of popular sentiment by which the + majority of yesterday becomes the minority of to-day, and its acts of + injustice are reversed. + </p> + <p> + Certain it is that the instances which he cites at this page, do not + establish his position respecting the disposition of the majority. The + riot at Baltimore was, like other riots in England and in France, the + result of popular phrensy excited to madness by conduct of the most + provoking character. The majority in the state of Maryland and throughout + the United States, highly disapproved the acts of violence committed on + the occasion. The acquittal by a jury of those arraigned for the murder of + General Lingan, proves only that there was not sufficient evidence to + identify the accused, or that the jury was governed by passion. It is not + perceived how the majority of the people are answerable for the verdicts + rendered. The guilty have often been erroneously acquitted in all + countries, and in France particularly, recent instances are not wanting of + acquittals especially in prosecutions for political offences, against + clear and indisputable testimony. And it was entirely fortuitous that the + jury was composed of men whose sympathies were with the rioters and + murderers, if the fact was so. It not unfrequently happens that a jury + taken from lists furnished years perhaps, and always a long time, before + the trial, are decidedly hostile to the temporary prevailing sentiments of + their city, county, or state. + </p> + <p> + As in the other instance, if the inhabitant of Pennsylvania intended to + intimate to our author, that a colored voter would be in personal jeopardy + for venturing to appear at the polls to exercise his right, it must be + said in truth, that the incident was local and peculiar, and contrary to + what is annually seen throughout the states where colored persons are + permitted to vote, who exercise that privilege with as full immunity from + injury or oppression, as any white citizen. And, after all, it is believed + that the state of feeling intimated by the informant of our author, is but + an indication of dislike to a <i>caste</i> degraded by servitude and + ignorance; and it is not perceived how it proves the despotism of a + majority over the freedom and independence of opinion. If it be true, it + proves a detestable tyranny over <i>acts</i>, over the exercise of an + acknowledged right. The apprehensions of a mob committing violence + deterred the colored voters from approaching the polls. Are instances + unknown in England or even in France, of peaceable subjects being + prevented by mobs or the fear of them, from the exercise of a right, from + the discharge of a duty? And are they evidences of the despotism of a + majority in those countries?—<i>American Editor.</i>} + </p> + <p> + I have heard of patriotism in the United States, and it is a virtue which + may be found among the people, but never among the leaders of the people. + This may be explained by analogy; despotism debases the oppressed, much + more than the oppressor; in absolute monarchies the king has often great + virtues, but the courtiers are invariably servile. It is true that the + American courtiers do not say, "sire," or "your majesty"—a + distinction without a difference. They are for ever talking of the natural + intelligence of the populace they serve; they do not debate the question + as to which of the virtues of their master are pre-eminently worthy of + admiration; for they assure him that he possesses all the virtues under + heaven without having acquired them, or without caring to acquire them: + they do not give him their daughters and their wives to be raised at his + pleasure to the rank of his concubines, but, by sacrificing their + opinions, they prostitute themselves. Moralists and philosophers in + America are not obliged to conceal their opinions under the veil of + allegory; but, before they venture upon a harsh truth, they say: "We are + aware that the people which we are addressing is too superior to all the + weaknesses of human nature to lose the command of its temper for an + instant; and we should not hold this language if we were not speaking to + men, whom their virtues and their intelligence render more worthy of + freedom than all the rest of the world." + </p> + <p> + It would have been impossible for the sycophants of Louis XIV. to flatter + more dexterously. For my part, I am persuaded that in all governments, + whatever their nature may be, servility will cower to force, and adulation + will cling to power. The only means of preventing men from degrading + themselves, is to invest no one with that unlimited authority which is the + surest method of debasing them. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + THE GREATEST DANGERS OF THE AMERICAN REPUBLICS PROCEED FROM THE UNLIMITED + POWER OF THE MAJORITY. + </p> + <p> + Democratic Republics liable to perish from a misuse of their Power, and + not by Impotence.—The Governments of the American Republics are more + Centralized and more Energetic than those of the Monarchies of Europe.—Dangers + resulting from this.—Opinions of Hamilton and Jefferson upon this + Point. + </p> + <p> + Governments usually fall a sacrifice to impotence or to tyranny. In the + former case their power escapes from them: it is wrested from their grasp + in the latter. Many observers who have noticed the anarchy of domestic + states, have imagined that the government of those states was naturally + weak and impotent. The truth is, that when once hostilities are begun + between parties, the government loses its control over society. But I do + not think that a democratic power is naturally without resources: say + rather, that it is almost always by the abuse of its force, and the + misemployment of its resources, that a democratic government fails. + Anarchy is almost always produced by its tyranny or its mistakes, but not + by its want of strength. + </p> + <p> + It is important not to confound stability with force, or the greatness of + a thing with its duration. In democratic republics, the power which + directs{186} society is not stable; for it often changes hands and assumes + a new direction. But whichever way it turns, its force is almost + irresistible. The governments of the American republics appear to me to be + as much centralized as those of the absolute monarchies of Europe, and + more energetic than they are. I do not, therefore, imagine that they will + perish from weakness.{187} + </p> + <p> + If ever the free institutions of America are destroyed, that event may be + attributed to the unlimited authority of the majority, which may at some + future time urge the minorities to desperation, and oblige them to have + recourse to physical force. Anarchy will then be the result, but it will + have been brought about by despotism. + </p> + <p> + Mr. Hamilton expresses the same opinion in the Federalist, No. 51. "It is + of great importance in a republic not only to guard the society against + the oppression of its rulers, but to guard one part of the society against + the injustice of the other part. Justice is the end of government. It is + the end of civil society. It ever has been, and ever will be pursued until + it be obtained, or until liberty be lost in the pursuit. In a society, + under the forms of which the stronger faction can readily unite and + oppress the weaker, anarchy may as truly be said to reign as in a state of + nature, where the weaker individual is not secured against the violence of + the stronger: and as in the latter state even the stronger individuals are + prompted by the uncertainty of their condition to submit to a government + which may protect the weak as well as themselves, so in the former state + will the more powerful factions be gradually induced by a like motive to + wish for a government which will protect all parties, the weaker as well + as the more powerful. It can be little doubted, that if the state of Rhode + Island was separated from the confederacy and left to itself, the + insecurity of rights under the popular form of government within such + narrow limits, would be displayed by such reiterated oppression of the + factious majorities, that some power altogether independent of the people + would soon be called for by the voice of the very factions whose misrule + had proved the necessity of it." + </p> + <p> + Jefferson has also expressed himself in a letter to Madison:{188} "The + executive power in our government is not the only, perhaps not even the + principal object of my solicitude. The tyranny of the legislature is + really the danger most to be feared, and will continue to be so for many + years to come. The tyranny of the executive power will come in its turn, + but at a more distant period." + </p> + <p> + I am glad to cite the opinion of Jefferson upon this subject rather than + that of another, because I consider him to be the most powerful advocate + democracy has ever sent forth. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {182} We observed in examining the federal constitution that the efforts + of the legislators of the Union had been diametrically opposed to the + present tendency. The consequence has been that the federal government is + more independent in its sphere than that of the states. But the federal + government scarcely ever interferes in any but external affairs; and the + governments of the states are in reality the authorities which direct + society in America. + </p> + <p> + {183} The legislative acts promulgated by the state of Massachusetts + alone, from the year 1780 to the present time, already fill three stout + volumes: and it must not be forgotten that the collection to which I + allude was published in 1823, when many old laws which had fallen into + disuse were omitted. The state of Massachusetts, which is not more + populous than a department of France, may be considered as the most + stable, the most consistent, and the most sagacious in its undertakings of + the whole Union. + </p> + <p> + {184} No one will assert that a people cannot forcibly wrong another + people: but parties may be looked upon as lesser nations within a greater + one, and they are aliens to each other: if therefore it be admitted that a + nation can act tyrannically toward another nation, it cannot be denied + that a party may do the same toward another party. + </p> + <p> + {185} A striking instance of the excesses which may be occasioned by the + despotism of the majority occurred at Baltimore in the year 1812. At that + time the war was very popular in Baltimore. A journal which had taken the + other side of the question excited the indignation of the inhabitants by + its opposition. The populace assembled, broke the printing-presses, and + attacked the houses of the newspaper editors. The militia was called out, + but no one obeyed the call; and the only means of saving the poor wretches + who were threatened by the phrensy of the mob, was to throw them into + prison as common malefactors. But even this precaution was ineffectual; + the mob collected again during the night; the magistrates again made a + vain attempt to call out the militia; the prison was forced, one of the + newspaper editors was killed upon the spot, and the others were left for + dead: the guilty parties were acquitted by the jury when they were brought + to trial. + </p> + <p> + I said one day to an inhabitant of Pennsylvania: "Be so good as to explain + to me how it happens, that in a state founded by quakers, and celebrated + for its toleration, freed blacks are not allowed to exercise civil rights. + They pay the taxes: is it not fair that they should have a vote." + </p> + <p> + "You insult us," replied my informant, "if you imagine that our + legislators could have committed so gross an act of injustice and + intolerance." + </p> + <p> + "What, then, the blacks possess the right of voting in this country?" + </p> + <p> + "Without the smallest doubt." + </p> + <p> + "How comes it then, that at the polling-booth this morning I did not + perceive a single negro in the whole meeting?" + </p> + <p> + "This is not the fault of the law; the negroes have the undisputed right + of voting; but they voluntarily abstain from making their appearance." + </p> + <p> + "A very pretty piece of modesty on their parts," rejoined I. + </p> + <p> + "Why, the truth is, that they are not disinclined to vote, but they are + afraid of being maltreated; in this country the law is sometimes unable to + maintain its authority without the support of the majority. But in this + case the majority entertains very strong prejudices against the blacks, + and the magistrates are unable to protect them in the exercise of their + legal privileges." + </p> + <p> + "What, then, the majority claims the right not only of making the laws, + but of breaking the laws it has made?" + </p> + <p> + {186} This power may be centred in an assembly, in which case it will be + strong without being stable; or it may be centred in an individual, in + which case it will be less strong, but more stable. + </p> + <p> + {187} I presume that it is scarcely necessary to remind the reader here, + as well as throughout the remainder of this chapter, that I am speaking + not of the federal government, but of the several governments of each + state which the majority controls at its pleasure. + </p> + <p> + {188} 15th March, 1789. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0016" id="link2HCH0016"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XVI. + </h2> + <h3> + CAUSES WHICH MITIGATE THE TYRANNY OF THE MAJORITY IN THE UNITED STATES. + </h3> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + ABSENCE OF CENTRAL ADMINISTRATION. + </h3> + <p> + The national Majority does not pretend to conduct all Business.—Is + obliged to employ the town and county Magistrates to execute its supreme + Decisions. + </p> + <p> + I have already pointed out the distinction which is to be made between a + centralized government and a centralized administration. The former exists + in America, but the latter is nearly unknown there. If the directing power + of the American communities had both these instruments of government at + its disposal, and united the habit of executing its own commands to the + right of commanding; if, after having established the general principles + of government, it descended to the details of public business; and if, + having regulated the great interests of the country, it would penetrate + into the privacy of individual interest, freedom would soon be banished + from the New World. + </p> + <p> + But in the United States the majority, which so frequently displays the + tastes and the propensities of a despot, is still destitute of the more + perfect instruments of tyranny. + </p> + <p> + In the American republics the activity of the central government has never + as yet been extended beyond a limited number of objects sufficiently + prominent to call forth its attention. The secondary affairs of society + have never been regulated by its authority; and nothing has hitherto + betrayed its desire of interfering in them. The majority is become more + and more absolute, but it has not increased the prerogatives of the + central government; those great prerogatives have been confined to a + certain sphere; and although the despotism of the majority may be galling + upon one point, it cannot be said to extend to all. However the + predominant party of the nation may be carried away by its passions; + however ardent it may be in the pursuit of its projects, it cannot oblige + all the citizens to comply with its desire in the same manner, and at the + same time, throughout the country. When the central government which + represents that majority has issued a decree, it must intrust the + execution of its will to agents, over whom it frequently has no control, + and whom it cannot perpetually direct. The townships, municipal bodies, + and counties, may therefore be looked upon as concealed breakwaters, which + check or part the tide of popular excitement. If an oppressive law were + passed, the liberties of the people would still be protected by the means + by which that law would be put in execution: the majority cannot descend + to the details, and (as I will venture to style them) the puerilities of + administrative tyranny. Nor does the people entertain that full + consciousness of its authority, which would prompt it to interfere in + these matters; it knows the extent of its natural powers, but it is + unacquainted with the increased resources which the art of government + might furnish. + </p> + <p> + This point deserves attention; for if a democratic republic, similar to + that of the United States, were ever founded in a country where the power + of a single individual had previously subsisted, and the effects of a + centralized administration had sunk deep into the habits and the laws of + the people, I do not hesitate to assert, that in that country a more + insufferable despotism would prevail than any which now exists in the + absolute monarchies of Europe; or indeed than any which could be found on + this side the confines of Asia. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + THE PROFESSION OF THE LAW IN THE UNITED STATES SERVES TO COUNTERPOISE THE + DEMOCRACY. + </p> + <p> + Utility of discriminating the natural Propensities of the Members of the + legal Profession.—These Men called upon to act a prominent Part in + future Society.—In what Manner the peculiar Pursuits of Lawyers give + an aristocratic turn to their Ideas.—Accidental Causes which may + check this Tendency.—Ease with which the Aristocracy coalesces with + legal Men.—Use of Lawyers to a Despot.—The Profession of the + Law constitutes the only aristocratic Element with which the natural + Elements of Democracy will combine.—Peculiar Causes which tend to + give an aristocratic turn of Mind to the English and American Lawyer.—The + Aristocracy of America is on the Bench and at the Bar.—Influence of + Lawyers upon American Society.—Their peculiar magisterial Habits + affect the Legislature, the Administration, and even the People. + </p> + <p> + In visiting the Americans and in studying their laws, we perceive that the + authority they have intrusted to members of the legal profession, and the + influence which these individuals exercise in the government, is the most + powerful existing security against the excesses of democracy. + </p> + <p> + This effect seems to me to result from a general cause which it is useful + to investigate, since it may produce analogous consequences elsewhere. + </p> + <p> + The members of the legal profession have taken an important part in all + the vicissitudes of political society in Europe during the last five + hundred years. At one time they have been the instruments of those who are + invested with political authority, and at another they have succeeded in + converting political authorities into their instrument. In the middle ages + they afforded a powerful support to the crown; and since that period they + have exerted themselves to the utmost to limit the royal prerogative. In + England they have contracted a close alliance with the aristocracy; in + France they have proved to be the most dangerous enemies of that class. It + is my object to inquire whether, under all these circumstances, the + members of the legal profession have been swayed by sudden and momentary + impulses; or whether they have been impelled by principles which are + inherent in their pursuits, and which will always recur in history. I am + incited to this investigation by reflecting that this particular class of + men will most likely play a prominent part in that order of things to + which the events of our time are giving birth. + </p> + <p> + Men who have more especially devoted themselves to legal pursuits, derive + from those occupations certain habits of order, a taste for formalities, + and a kind of instinctive regard for the regular connexion of ideas, which + naturally render them very hostile to the revolutionary spirit and the + unreflecting passions of the multitude. + </p> + <p> + The special information which lawyers derive from their studies, ensures + them a separate station in society: and they constitute a sort of + privileged body in the scale of intelligence. This notion of their + superiority perpetually recurs to them in the practice of their + profession: they are the masters of a science which is necessary, but + which is not very generally known: they serve as arbiters between the + citizens; and the habit of directing the blind passions of parties in + litigation to their purpose, inspires them with a certain contempt for the + judgment of the multitude. To this it may be added, that they naturally + constitute <i>a body</i>; not by any previous understanding, or by any + agreement which directs them to a common end; but the analogy of their + studies and the uniformity of their proceedings connect their minds + together, as much as a common interest would combine their endeavors. + </p> + <p> + A portion of the tastes and of the habits of the aristocracy may + consequently be discovered in the characters of men in the profession of + the law. They participate in the same instinctive love of order and of + formalities; and they entertain the same repugnance to the actions of the + multitude, and the same secret contempt of the government of the people. I + do not mean to say that the natural propensities of lawyers are + sufficiently strong to sway them irresistibly; for they, like most other + men, are governed by their private interests and the advantages of the + moment. + </p> + <p> + In a state of society in which the members of the legal profession are + prevented from holding that rank in the political world which they enjoy + in private life, we may rest assured that they will be the foremost agents + of revolution. But it must then be inquired whether the cause which + induces them to innovate and to destroy is accidental, or whether it + belongs to some lasting purpose which they entertain. It is true that + lawyers mainly contributed to the overthrow of the French monarchy in + 1789; but it remains to be seen whether they acted thus because they had + studied the laws, or because they were prohibited from co-operating in the + work of legislation. + </p> + <p> + Five hundred years ago the English nobles headed the people, and spoke in + its name; at the present time, the aristocracy supports the throne, and + defends the royal prerogative. But aristocracy has, notwithstanding this, + its peculiar instincts and propensities. We must be careful not to + confound isolated members of a body with the body itself. In all free + governments, of whatsoever form they may be, members of the legal + profession may be found at the head of all parties. The same remark is + also applicable to the aristocracy; for almost all the democratic + convulsions which have agitated the world have been directed by nobles. + </p> + <p> + A privileged body can never satisfy the ambition of all its members; it + has always more talents and more passions than it can find places to + content and to employ; so that a considerable number of individuals are + usually to be met with, who are inclined to attack those very privileges, + which they find it impossible to turn to their own account. + </p> + <p> + I do not, then, assert that <i>all</i> the members of the legal profession + are at <i>all</i> times the friends of order and the opponents of + innovation, but merely that most of them usually are so. In a community in + which lawyers are allowed to occupy, without opposition, that high station + which naturally belongs to them, their general spirit will be eminently + conservative and anti-democratic. When an aristocracy excludes the leaders + of that profession from its ranks, it excites enemies which are the more + formidable to its security as they are independent of the nobility by + their industrious pursuits; and they feel themselves to be its equal in + point of intelligence, although they enjoy less opulence and less power. + But whenever an aristocracy consents to impart some of its privileges to + these same individuals, the two classes coalesce very readily, and assume, + as it were, the consistency of a single order of family interests. + </p> + <p> + I am, in like manner, inclined to believe that a monarch will always be + able to convert legal practitioners into the most serviceable instruments + of his authority. There is a far greater affinity between this class of + individuals and the executive power, than there is between them and the + people; just as there is a greater natural affinity between the nobles and + monarch, than between the nobles and the people, although the higher + orders of society have occasionally resisted the prerogative of the crown + in concert with the lower classes. + </p> + <p> + Lawyers are attached to public order beyond every other consideration, and + the best security of public order is authority. It must not be forgotten, + that if they prize the free institutions of their country much, they + nevertheless value the legality of those institutions far more; they are + less afraid of tyranny than of arbitrary power: and provided that the + legislature takes upon itself to deprive men of their independence, they + are not dissatisfied.{189} + </p> + <p> + I am therefore convinced that the prince who, in presence of an + encroaching democracy, should endeavor to impair the judicial authority in + his dominions, and to diminish the political influence of lawyers, would + commit a great mistake. He would let slip the substance of authority to + grasp at the shadow. He would act more wisely in introducing men connected + with the law into the government; and if he intrusted them with the + conduct of a despotic power, bearing some marks of violence, that power + would most likely assume the external features of justice and of legality + in their hands. + </p> + <p> + The government of democracy is favorable to the political power of + lawyers; for when the wealthy, the noble, and the prince, are excluded + from the government, they are sure to occupy the highest stations in their + own right, as it were, since they are the only men of information and + sagacity, beyond the sphere of the people, who can be the object of the + popular choice. If, then, they are led by their tastes to combine with the + aristocracy, and to support the crown, they are naturally brought into + contact with the people by their interests. They like the government of + democracy, without participating in its propensities, and without + imitating its weaknesses; whence they derive a twofold authority from it + and over it. The people in democratic states does not mistrust the members + of the legal profession, because it is well known that they are interested + in serving the popular cause; and it listens to them without irritation, + because it does not attribute to them any sinister designs. The object of + lawyers is not, indeed, to overthrow the institutions of democracy, but + they constantly endeavor to give it an impulse which diverts it from its + real tendency, by means which are foreign to its nature. Lawyers belong to + the people by birth and interest, to the aristocracy by habit and by + taste, and they may be looked upon as the natural bond and connecting link + of the two great classes of society. + </p> + <p> + The profession of the law is the only aristocratic element which can be + amalgamated without violence with the natural elements of democracy, and + which can be advantageously and permanently combined with them. I am not + unacquainted with the defects which are inherent in the character of that + body of men; but without this admixture of lawyer-like sobriety with the + democratic principle, I question whether democratic institutions could + long be maintained; and I cannot believe that a republic could subsist at + the present time, if the influence of lawyers in public business did not + increase in proportion to the power of the people. + </p> + <p> + This aristocratic character, which I hold to be common to the legal + profession, is much more distinctly marked in the United States and in + England than in any other country. This proceeds not only from the legal + studies of the English and American lawyers, but from the nature of the + legislation, and the position which those persons occupy, in the two + countries. The English and the Americans have retained the law of + precedents; that is to say, they continue to found their legal opinions + and the decisions of their courts upon the opinions and decisions of their + forefathers. In the mind of an English or an American lawyer, a taste and + a reverence for what is old are almost always united to a love of regular + and lawful proceedings. + </p> + <p> + This predisposition has another effect upon the character of the legal + profession and upon the general course of society. The English and + American lawyers investigate what has been done; the French advocate + inquires what should have been done: the former produces precedents; the + latter reasons. A French observer is surprised to hear how often an + English or American lawyer quotes the opinions of others, and how little + he alludes to his own; while the reverse occurs in France. There, the most + trifling litigation is never conducted without the introduction of an + entire system of ideas peculiar to the counsel employed; and the + fundamental principles of law are discussed in order to obtain a perch of + land by the decision of the court. This abnegation of his own opinion, and + this implicit deference to the opinion of his forefathers, which are + common to the English and American lawyer, this subjection of thought + which he is obliged to profess, necessarily give him more timid habits and + more sluggish inclinations in England and America than in France. + </p> + <p> + The French codes are often difficult of comprehension, but they can be + read by every one; nothing, on the other hand, can be more impenetrable to + the uninitiated than a legislation founded upon precedents. The + indispensable want of legal assistance which is felt in England and in the + United States, and the high opinion which is generally entertained of the + ability of the legal profession, tend to separate it more and more from + the people, and to place it in a distinct class. The French lawyer is + simply a man extensively acquainted with the statutes of his country; but + the English or American lawyer resembles the hierophants of Egypt, for, + like them, he is the sole interpreter of an occult science. + </p> + <p> + {The remark that English and American lawyers found their opinions and + their decisions upon those of their forefathers, is calculated to excite + surprise in an American reader, who supposes that law, as a prescribed + rule of action, can only be ascertained in cases where the statutes are + silent, by reference to the decisions of courts. On the continent, and + particularly in France, as the writer of this note learned from the + conversation of M. De Tocqueville, the judicial tribunals do not deem + themselves bound by any precedents, or by any decisions of their + predecessors or of the appellate tribunals. They respect such decisions as + the opinions of distinguished men, and they pay no higher regard to their + own previous adjudications of any case. It is not easy to perceive how the + law can acquire any stability under such a system, or how any individual + can ascertain his rights, without a lawsuit. This note should not be + concluded without a single remark upon what the author calls an implicit + deference to the opinions of our forefathers, and abnegation of our own + opinions. The common law consists of principles founded on the common + sense of mankind, and adapted to the circumstances of man in civilized + society. When these principles are once settled by competent authority, or + rather <i>declared</i> by such authority, they are supposed to express the + common sense and the common justice of the community; and it requires but + a moderate share of modesty for any one entertaining a different view of + them, to consider that the disinterested and intelligent judges who have + declared them, are more likely to be right than he is. Perfection, even in + the law, he does not consider attainable by human beings, and the greatest + approximation to it is all he expects or desires. Besides, there are very + few cases of positive and abstract rule, where it is of any consequence + which, of any two or more modifications of it, should be adopted. The + great point is, that there should be <i>a rule</i> by which conduct may be + regulated. Thus, whether in mercantile transactions notice of a default by + a principal shall be given to an endorser, or a guarantor, and when and + how such notice shall be given, are not so important in themselves, as it + is that there should be some rule to which merchants may adapt themselves + and their transactions. Statutes cannot or at least do not, prescribe the + rules in a large majority of cases. If then they are not drawn from the + decision of courts, they will not exist, and men will be wholly at a loss + for a guide in the most important transactions of business. Hence the + deference paid to legal decisions. But this is not implicit, as the author + supposes. The course of reasoning by which the courts have come to their + conclusions, is often assailed by the advocate and shown to be fallacious, + and the instances are not unfrequent of courts disregarding prior + decisions and overruling them when not fairly deducible from sound reason. + </p> + <p> + Again, the principles of the common law are flexible, and adapt themselves + to changes in society, and a well-known maxim in our system, that when the + reason of the law ceases, the law itself ceases, has overthrown many an + antiquated rule. Within these limits, it is conceived that there is range + enough for the exercise of all the reason of the advocate and the judge, + without unsettling everything and depriving the conduct of human affairs + of all guidance from human authority;—and the talent of our lawyers + and courts finds sufficient exercise in applying the principles of one + case to facts of another.—<i>American Editor</i>.} + </p> + <p> + The station which lawyers occupy in England and America exercises no less + an influence upon their habits and their opinions. The English + aristocracy, which has taken care to attract to its sphere whatever is at + all analogous to itself, has conferred a high degree of importance and of + authority upon the members of the legal profession. In English society + lawyers do not occupy the first rank, but they are contented with the + station assigned to them; they constitute, as it were, the younger branch + of the English aristocracy, and they are attached to their elder brothers, + although they do not enjoy all their privileges. The English lawyers + consequently mingle the tastes and the ideas of the aristocratic circles + in which they move, with the aristocratic interest of their profession. + </p> + <p> + And indeed the lawyer-like character which I am endeavoring to depict, is + most distinctly to be met with in England: there laws are esteemed not so + much because they are good, as because they are old; and if it be + necessary to modify them in any respect, or to adapt them to the changes + which time operates in society, recourse is had to the most inconceivable + contrivances in order to uphold the traditionary fabric, and to maintain + that nothing has been done which does not square with the intentions, and + complete the labors, of former generations. The very individuals who + conduct these changes disclaim all intention of innovation, and they had + rather resort to absurd expedients than plead guilty of so great a crime. + This spirit more especially appertains to the English lawyers; they seem + indifferent to the real meaning of what they treat, and they direct all + their attention to the letter, seeming inclined to infringe the rules of + common sense and of humanity, rather than to swerve one tittle from the + law. The English legislation may be compared to the stock of an old tree, + upon which lawyers have engrafted the most various shoots, with the hope, + that, although their fruits may differ, their foliage at least will be + confounded with the venerable trunk which supports them all. + </p> + <p> + In America there are no nobles or literary men, and the people is apt to + mistrust the wealthy; lawyers consequently form the highest political + class, and the most cultivated circle of society. They have therefore + nothing to gain by innovation, which adds a conservative interest to their + natural taste for public order. If I were asked where I place the American + aristocracy, I should reply without hesitation, that it is not composed of + the rich, who are united together by no common tie, but that it occupies + the judicial bench and the bar. + </p> + <p> + The more we reflect upon all that occurs in the United States, the more + shall we be persuaded that the lawyers, as a body, form the most powerful, + if not the only counterpoise to the democratic element. In that country we + perceive how eminently the legal profession is qualified by its powers, + and even by its defects, to neutralize the vices which are inherent in + popular government. When the American people is intoxicated by passion, or + carried away by the impetuosity of its ideas, it is checked and stopped by + the almost invisible influence of its legal counsellors, who secretly + oppose their aristocratic propensities to its democratic instincts, their + superstitious attachment to what is antique to its love of novelty, their + narrow views to its immense designs, and their habitual procrastination to + its ardent impatience. + </p> + <p> + The courts of justice are the most visible organs by which the legal + profession is enabled to control the democracy. The judge is a lawyer, + who, independently of the taste for regularity and order which he has + contracted in the study of legislation, derives an additional love of + stability from his own inalienable functions. His legal attainments have + already raised him to a distinguished rank among his fellow-citizens; his + political power completes the distinction of his station, and gives him + the inclinations natural to privileged classes. + </p> + <p> + Armed with the power of declaring the laws to be unconstitutional,{190} + the American magistrate perpetually interferes in political affairs. He + cannot force the people to make laws, but at least he can oblige it not to + disobey its own enactments, or to act inconsistently with its own + principles. I am aware that a secret tendency to diminish the judicial + power exists in the United States; and by most of the constitutions of the + several states, the government can, upon the demand of the two houses of + the legislature, remove the judges from their station. By some other + constitutions the members of the tribunals are elected, and they are even + subjected to frequent re-elections. I venture to predict that these + innovations will sooner or later be attended with fatal consequences; and + that it will be found out at some future period, that the attack which is + made upon the judicial power has affected the democratic republic itself. + </p> + <p> + It must not, however, be supposed that the legal spirit of which I have + been speaking has been confined in the United States to the courts of + justice; it extends far beyond them. As the lawyers constitute the only + enlightened class which the people does not mistrust, they are naturally + called upon to occupy most of the public stations. They fill the + legislative assemblies, and they conduct the administration; they + consequently exercise a powerful influence upon the formation of the law, + and upon its execution. The lawyers are, however, obliged to yield to the + current of public opinion, which is too strong for them to resist it; but + it is easy to find indications of what their conduct would be, if they + were free to act as they chose. The Americans who have made such copious + innovations in their political legislation, have introduced very sparing + alterations in their civil laws, and that with great difficulty, although + those laws are frequently repugnant to their social condition. The reason + of this is, that in matters of civil law the majority is obliged to defer + to the authority of the legal profession, and that the American lawyers + are disinclined to innovate when they are left to their own choice. + </p> + <p> + It is curious for a Frenchman, accustomed to a very different state of + things, to hear the perpetual complaints which are made in the United + States, against the stationary propensities of legal men, and their + prejudices in favor of existing institutions. + </p> + <p> + The influence of the legal habits which are common in America extends + beyond the limits I have just pointed out. Scarcely any question arises in + the United States which does not become, sooner or later, a subject of + judicial debate; hence all parties are obliged to borrow the ideas, and + even the language, usual in judicial proceedings, in their daily + controversies. As most public men are, or have been, legal practitioners, + they introduce the customs and technicalities of their profession into the + affairs of the country. The jury extends this habitude to all classes. The + language of the law thus becomes, in some measure, a vulgar tongue; the + spirit of the law, which is produced in the schools and courts of justice, + gradually penetrates beyond their walls into the bosom of society, where + it descends to the lowest classes, so that the whole people contracts the + habits and the tastes of the magistrate. The lawyers of the United States + form a party which is but little feared and scarcely perceived, which has + no badge peculiar to itself, which adapts itself with great flexibility to + the exigencies of the time, and accommodates itself to all the movements + of the social body: but this party extends over the whole community, and + it penetrates into all classes of society; it acts upon the country + imperceptibly, but it finally fashions it to suit its purposes. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + TRIAL BY JURY IN THE UNITED STATES CONSIDERED AS A POLITICAL INSTITUTION. + </p> + <p> + Trial by Jury, which is one of the Instruments of the Sovereignty of the + People, deserves to be compared with the other Laws which establish that + sovereignty.—Composition of the Jury in the United States.—Effect + of Trial by Jury upon the national Character.—It educates the + People.—It tends to establish the Authority of the Magistrates, and + to extend a knowledge of Law among the People. + </p> + <p> + Since I have been led by my subject to recur to the administration of + justice in the United States, I will not pass over this point without + adverting to the institution of the jury. Trial by jury may be considered + in two separate points of view: as a judicial, and as a political + institution. If it entered into my present purpose to inquire how far + trial by jury (more especially in civil cases) contributes to ensure the + best administration of justice, I admit that its utility might be + contested. As the jury was first introduced at a time when society was in + an uncivilized state, and when courts of justice were merely called upon + to decide on the evidence of facts, it is not an easy task to adapt it to + the wants of a highly civilized community, when the mutual relations of + men are multiplied to a surprising extent, and have assumed the + enlightened and intellectual character of the age.{191} + </p> + <p> + My present object is to consider the jury as a political institution; and + any other course would divert me from my subject. Of trial by jury, + considered as a judicial institution, I shall here say but very few words. + When the English adopted trial by jury they were a semi-barbarous people; + they are become, in course of time, one of the most enlightened nations of + the earth; and their attachment to this institution seems to have + increased with their increasing cultivation. They soon spread beyond their + insular boundaries to every corner of the habitable globe; some have + formed colonies, others independent states; the mother-country has + maintained its monarchical constitution; many of its offspring have + founded powerful republics; but wherever the English have been, they have + boasted of the privilege of trial by jury.{192} They have established it, + or hastened to re-establish it, in all their settlements. A judicial + institution which obtains the suffrages of a great people for so long a + series of ages, which is zealously renewed at every epoch of civilisation, + in all the climates of the earth, and under every form of human + government, cannot be contrary to the spirit of justice.{193} + </p> + <p> + I turn, however, from this part of the subject. To look upon the jury as a + mere judicial institution, is to confine our attention to a very narrow + view of it; for, however great its influence may be upon the decisions of + the law-courts, that influence is very subordinate to the powerful effects + which it produces on the destinies of the community at large. The jury is + above all a political institution, and it must be regarded in this light + in order to be duly appreciated. + </p> + <p> + By the jury, I mean a certain number of citizens chosen indiscriminately, + and invested with a temporary right of judging. Trial by jury, as applied + to the repression of crime, appears to me to introduce an eminently + republican element into the government, upon the following grounds:— + </p> + <p> + The institution of the jury may be aristocratic or democratic, according + to the class of society from which the jurors are selected; but it always + preserves its republican character, inasmuch as it places the real + direction of society in the hands of the governed, or of a portion of the + governed, instead of leaving it under the authority of the government. + Force is never more than a transient element of success; and after force + comes the notion of right. A government which should only be able to crush + its enemies upon a field of battle, would very soon be destroyed. The true + sanction of political laws is to be found in penal legislation, and if + that sanction be wanting, the law will sooner or later lose its cogency. + He who punishes infractions of the law is therefore the real master of + society. Now, the institution of the jury raises the people itself, or at + least a class of citizens, to the bench of judicial authority. The + institution of the jury consequently invests the people, or that class of + citizens, with the direction of society.{194} + </p> + <p> + In England the jury is returned from the aristocratic portion of the + nation,{195} the aristocracy makes the laws, applies the laws, and + punishes all infractions of the laws; everything is established upon a + consistent footing, and England may with truth be said to constitute an + aristocratic republic. In the United States the same system is applied to + the whole people. Every American citizen is qualified to be an elector, a + juror, and is eligible to office.{196} The system of the jury, as it is + understood in America, appears to me to be as direct and as extreme a + consequence of the sovereignty of the people, as universal suffrage. These + institutions are two instruments of equal power, which contribute to the + supremacy of the majority. All the sovereigns who have chosen to govern by + their own authority, and to direct society instead of obeying its + direction, have destroyed or enfeebled the institution of the jury. The + monarchs of the house of Tudor sent to prison jurors who refused to + convict, and Napoleon caused them to be returned by his agents. + </p> + <p> + However clear most of these truths may seem to be, they do not command + universal assent, and in France, at least, the institution of trial by + jury is still very imperfectly understood. If the question arise as to the + proper qualification of jurors, it is confined to a discussion of the + intelligence and knowledge of the citizens who may be returned, as if the + jury was merely a judicial institution. This appears to me to be the least + part of the subject. The jury is pre-eminently a political institution; it + must be regarded as one form of the sovereignty of the people; when that + sovereignty is repudiated, it must be rejected; or it must be adapted to + the laws by which that sovereignty is established. The jury is that + portion of the nation to which the execution of the laws is intrusted, as + the houses of parliament constitute that part of the nation which makes + the laws; and in order that society may be governed with consistency and + uniformity, the list of citizens qualified to serve on juries must + increase and diminish with the list of electors. This I hold to be the + point of view must worthy of the attention of the legislator; and all that + remains is merely accessary. + </p> + <p> + I am so entirely convinced that the jury is pre-eminently a political + institution, that I still consider it in this light when it is applied in + civil causes. Laws are always unstable unless they are founded upon the + manners of a nation: manners are the only durable and resisting power in a + people. When the jury is reserved for criminal offences, the people only + sees its occasional action in certain particular cases; the ordinary + course of life goes on without its interference, and it is considered as + an instrument, but not as the only instrument, of obtaining justice. This + is true <i>a fortiori</i> when the jury is only applied to certain + criminal causes. + </p> + <p> + When, on the contrary, the influence of the jury is extended to civil + causes, its application is constantly palpable; it affects all the + interests of the community; every one co-operates in its work: it thus + penetrates into all the usages of life, it fashions the human mind to its + peculiar forms, and is gradually associated with the idea of justice + itself. + </p> + <p> + The institution of the jury, if confined to criminal causes, is always in + danger; but when once it is introduced into civil proceedings, it defies + the aggressions of time and of man. If it had been as easy to remove the + jury from the manners as from the laws of England, it would have perished + under Henry VIII. and Elizabeth: and the civil jury did in reality, at + that period, save the liberties of the country. In whatever manner the + jury be applied, it cannot fail to exercise a powerful influence upon the + national character; but this influence is prodigiously increased when it + is introduced into civil causes. The jury, and more especially the civil + jury, serves to communicate the spirit of the judges to the minds of all + the citizens; and this spirit, with the habits which attend it, is the + soundest preparation for free institutions. It imbues all classes with a + respect for the thing judged, and with the notion of right. If these two + elements be removed, the love of independence is reduced to a more + destructive passion. It teaches men to practise equity; every man learns + to judge his neighbor as he would himself be judged: and this is + especially true of the jury in civil causes; for, while the number of + persons who have reason to apprehend a criminal prosecution is small, + every one is liable to have a civil action brought against him. The jury + teaches every man not to recoil before the responsibility of his own + actions, and impresses him with that manly confidence without which + political virtue cannot exist. It invests each citizen with a kind of + magistracy; it makes them all feel the duties which they are bound to + discharge toward society; and the part which they take in the government. + By obliging men to turn their attention to affairs which are not + exclusively their own, it rubs off that individual egotism which is the + rust of society. + </p> + <p> + The jury contributes most powerfully to form the judgment, and to increase + the natural intelligence of a people; and this is, in my opinion, its + greatest advantage. It may be regarded as a gratuitous public school ever + open, in which every juror learns to exercise his rights, enters into + daily communication with the most learned and enlightened members of the + upper classes, and becomes practically acquainted with the laws of his + country, which are brought within the reach of his capacity by the efforts + of the bar, the advice of the judge, and even by the passions of the + parties. I think that the practical intelligence and political good sense + of the Americans are mainly attributable to the long use which they have + made of the jury in civil causes. + </p> + <p> + I do not know whether the jury is useful to those who are in litigation; + but I am certain it is highly beneficial to those who decide the + litigation: and I look upon it as one of the most efficacious means for + the education of the people, which society can employ. + </p> + <p> + What I have hitherto said, applies to all nations; but the remark I am now + about to make, is peculiar to the Americans and to democratic peoples. I + have already observed that in democracies the members of the legal + profession, and the magistrates, constitute the only aristocratic body + which can check the irregularities of the people. This aristocracy is + invested with no physical power; but it exercises its conservative + influence upon the minds of men: and the most abundant source of its + authority is the institution of the civil jury. In criminal causes, when + society is armed against a single individual, the jury is apt to look upon + the judge as the passive instrument of social power, and to mistrust his + advice. Moreover, criminal causes are entirely founded upon the evidence + of facts which common sense can readily appreciate; upon this ground the + judge and the jury are equal. Such, however, is not the case in civil + causes; then the judge appears as a disinterested arbiter between the + conflicting passions of the parties. The jurors look up to him with + confidence, and listen to him with respect, for in this instance their + intelligence is completely under the control of his learning. It is the + judge who sums up the various arguments with which their memory has been + wearied out, and who guides them through the devious course of the + proceedings; he points their attention to the exact question of fact, + which they are called upon to solve, and he puts the answer to the + question of law into their mouths. His influence upon their verdict is + almost unlimited. + </p> + <p> + If I am called upon to explain why I am but little moved by the arguments + derived from the ignorance of jurors in civil causes, I reply, that in + these proceedings, whenever the question to be solved is not a mere + question of fact, the jury has only the semblance of a judicial body. The + jury sanctions the decisions of the judge; they, by the authority of + society which they represent, and he, by that of reason and of law.{197} + </p> + <p> + In England and in America the judges exercise an influence upon criminal + trials which the French judges have never possessed. The reason of this + difference may easily be discovered; the English and American magistrates + establish their authority in civil causes, and only transfer it afterward + to tribunals of another kind, where that authority was not acquired. In + some cases (and they are frequently the most important ones), the American + judges have the right of deciding causes alone.{198} Upon these occasions + they are, accidentally, placed in the position which the French judges + habitually occupy: but they are still surrounded by the reminiscence of + the jury, and their judgment has almost as much authority as the voice of + the community at large, represented by that institution. Their influence + extends beyond the limits of the courts; in the recreations of private + life, as well as in the turmoil of public business, abroad and in the + legislative assemblies, the American judge is constantly surrounded by men + who are accustomed to regard his intelligence as superior to their own; + and after having exercised his power in the decision of causes, he + continues to influence the habits of thought, and the character of the + individuals who took a part in his judgment. + </p> + <p> + {The remark in the text, that "in some cases, and they are frequently the + most important ones, the American judges have the right of deciding causes + alone," and the author's note, that "the federal judges decide, upon their + own authority, almost all the questions most important to the country," + seem to require explanation in consequence of their connexion with the + context in which the author is speaking of the trial by jury. They seem to + imply that there are some cases which ought to be tried by jury, that are + decided by the judges. It is believed that the learned author, although a + distinguished advocate in France, never thoroughly comprehended the grand + divisions of our complicated system of law, in civil cases. <i>First</i>, + is the distinction between cases in equity and those in which the rules of + the common law govern.—Those in equity are always decided by the + judge or judges, who <i>may</i>, however, send questions of fact to be + tried in the common law courts by a jury. But as a general rule this is + entirely in the discretion of the equity judge. <i>Second</i>, in cases at + common law, there are questions of fact and questions of law:—the + former are invariably tried by a jury, the latter, whether presented in + the course of a jury trial, or by pleading, in which the facts are + admitted, are always decided by the judges. + </p> + <p> + <i>Third</i>, cases of admiralty jurisdiction, and proceedings <i>in rem</i> + of an analogous nature, are decided by the judges without the intervention + of a jury. The cases in this last class fall within the peculiar + jurisdiction of the federal courts, and, with this exception, the federal + judges do not decide upon their own authority any questions, which, if + presented in the state courts, would not also be decided by the judges of + those courts. The supreme court of the United States, from the nature of + its institution as almost wholly an appellant court, is called on to + decide merely questions of law, and in no case can that court decide a + question of fact, unless it arises in suits peculiar to equity or + admiralty jurisdiction. Indeed the author's original note is more correct + than the translation. It is as follows: "Les juges fédéraux tranchent + presque toujours seuls les questions qui touchent de plus près au <i>gouvernement</i> + du pays." And it is very true that the supreme court of the United States, + in particular, decides those questions which most nearly affect the <i>government</i> + of the country, because those are the very questions which arise upon the + constitutionality of the laws of congress and of the several states, the + final and conclusive determination of which is vested in that tribunal.—<i>American + Editor</i>.} + </p> + <p> + The jury, then, which seems to restrict the rights of magistracy, does in + reality consolidate its power; and in no country are the judges so + powerful as there where the people partakes their privileges. It is more + especially by means of the jury in civil causes that the American + magistrates imbue all classes of society with the spirit of their + profession. Thus the jury, which is the most energetic means of making the + people rule, is also the most efficacious means of teaching it to rule + well. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {189} This translation does not accurately convey the meaning of M. de + Tocqueville's expression. He says: "Ils craignent moins la tyrannie que + l'arbitraire, et pourvu que le législateur se charge lui-même d'enlever + aux hommes leur indépendance, ils sont à peu près content." + </p> + <p> + The more correct rendering would be: 'They fear tyranny less than + arbitrary sway, and provided it is the legislator himself who undertakes + to deprive men of their independence, they are almost content.'—<i>Reviser</i>. + </p> + <p> + {190} See chapter vi., p. 94, on the judicial power in the United States. + </p> + <p> + {191} The investigation of trial by jury as a judicial institution, and + the appreciation of its effects in the United States, together with the + advantages the Americans have derived from it, would suffice to form a + book, and a book upon a very useful and curious subject. The state of + Louisiana would in particular afford the curious phenomenon of a French + and English legislation, as well as a French and English population, which + are generally combining with each other. See the "Digeste des Lois de la + Louisiane," in two volumes; and the "Traité sur les Regles des Actions + civiles," printed in French and English at New Orleans in 1830. + </p> + <p> + {192} All the English and American jurists are unanimous upon this head. + Mr. Story, judge of the supreme court of the United States, speaks, in his + treatise on the federal constitution, of the advantages of trial by jury + in civil cases: "The inestimable privilege of a trial by jury in civil + cases—a privilege scarcely inferior to that in criminal cases, which + is counted by all persons to be essential to political and civil liberty" + ... (Story, book iii, ch. xxxviii.). + </p> + <p> + {193} If it were our province to point out the utility of the jury as a + judicial institution in this place, much might be said, and the following + arguments might be brought forward among others:— + </p> + <p> + By introducing the jury into the business of the courts, you are enabled + to diminish the number of judges; which is a very great advantage. When + judges are very numerous, death is perpetually thinning the ranks of the + judicial functionaries, and laying places vacant for new comers. The + ambition of the magistrates is therefore continually excited, and they are + naturally made dependant upon the will of the majority, or the individual + who fills up vacant appointments: the officers of the courts then rise + like the officers of an army. This state of things is entirely contrary to + the sound administration of justice, and to the intentions of the + legislator. The office of a judge is made inalienable in order that he may + remain independent; but of what advantage is it that his independence is + protected, if he be tempted to sacrifice it of his own accord? When judges + are very numerous, many of them must necessarily be incapable of + performing their important duties; for a great magistrate is a man of no + common powers; and I am inclined to believe that a half enlightened + tribunal is the worst of all instruments for obtaining those objects which + it is the purpose of courts of justice to accomplish. For my own part, I + had rather submit the decision of a case to ignorant jurors directed by a + skilfull judge, than to judges, a majority of whom are imperfectly + acquainted with jurisprudence and with the laws. + </p> + <p> + {I venture to remind the reader, lest this note should appear somewhat + redundant to an English eye, that the jury is an institution which has + only been naturalized in France within the present century; that it is + even now exclusively applied to those criminal causes which come before + the courts of assize, or to the prosecutions of the public press; and that + the judges and counsellors of the numerous local tribunals of France—forming + a body of many thousand judicial functionaries—try all civil causes, + appeals from criminal causes, and minor offences, without the jury.—<i>Translator's + Note</i>.} + </p> + <p> + {194} An important remark must however be made. Trial by jury does + unquestionably invest the people with a general control over the actions + of citizens, but it does not furnish means of exercising this control in + all cases, or with an absolute authority. When an absolute monarch has the + right of trying offences by his representatives, the fate of the prisoner + is, as it were, decided beforehand. But even if the people were + predisposed to convict, the composition and the non-responsibility of the + jury would still afford some chances favorable to the protection of + innocence. + </p> + <p> + {195} In France, the qualification of the jurors is the same as the + electoral qualification, namely, the payment of 200 francs per annum in + direct taxes: they are chosen by lot. In England they are returned by the + sheriff; the qualifications of jurors were raised to 10<i>l</i> per annum + in England, and 6<i>l</i> in Wales, of freehold land or copyhold, by the + statute W. and M., c. 24: leaseholders for a time determinable upon life + or lives, of the clear yearly value of 20<i>l</i> per annum over and above + the rent reserved, are qualified to serve on juries; and jurors in the + courts of Westminster and city of London must be householders, and + possessed of real and personal estates of the value of 100<i>l</i>. The + qualifications, however, prescribed in different statutes, vary according + to the object for which the jury is impannelled. See Blackstone's + Commentaries, b. iii., c. 23.—<i>Translator's Note</i>. + </p> + <p> + {196} See Appendix Q. + </p> + <p> + {197} See Appendix R. + </p> + <p> + {198} The federal judges decide upon their own authority almost all the + questions most important to the country. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0017" id="link2HCH0017"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XVII. + </h2> + <p> + PRINCIPAL CAUSES WHICH TEND TO MAINTAIN THE DEMOCRATIC REPUBLIC IN THE + UNITED STATES. + </p> + <p> + A democratic republic subsists in the United States; and the principal + object of this book has been to account for the fact of its existence. + Several of the causes which contribute to maintain the institutions of + America have been voluntarily passed by, or only hinted at, as I was borne + along by my subject. Others I have been unable to discuss and those on + which I have dwelt most, are, as it were, buried in the details of the + former part of this work. + </p> + <p> + I think, therefore, that before I proceed to speak of the future, I cannot + do better than collect within a small compass the reasons which best + explain the present. In this retrospective chapter I shall be succinct; + for I shall take care to remind the reader very summarily of what he + already knows; and I shall only select the most prominent of those facts + which I have not yet pointed out. + </p> + <p> + All the causes which contribute to the maintenance of the democratic + republic in the United States are reducible to three heads: + </p> + <p> + I. The peculiar and accidental situation in which Providence has placed + the Americans. + </p> + <p> + II. The laws. + </p> + <p> + III. The manners and customs of the people. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + ACCIDENTAL OR PROVIDENTIAL CAUSES WHICH CONTRIBUTE TO THE MAINTENANCE OF + THE DEMOCRATIC REPUBLIC IN THE UNITED STATES. + </p> + <p> + The Union has no Neighbors.—No Metropolis.—The Americans have + had the Chances of Birth in their favor.—America an empty country.—How + this circumstance contributes powerfully to the Maintenance of the + democratic Republic in America.—How the American Wilds are Peopled.—Avidity + of the Anglo-Americans in taking Possession of the Solitudes of the New + World.—Influence of physical Prosperity upon the political Opinions + of the Americans. + </p> + <p> + A thousand circumstances, independent of the will of man, concur to + facilitate the maintenance of a democratic republic in the United States. + Some of these peculiarities are known, the others may easily be pointed + out; but I shall confine myself to the most prominent among them. + </p> + <p> + The Americans have no neighbors, and consequently they have no great wars, + or financial crises, or inroads, or conquests to dread; they require + neither great taxes, nor great armies, nor great generals; and they have + nothing to fear from a scourge which is more formidable to republics than + all these evils combined, namely, military glory. It is impossible to deny + the inconceivable influence which military glory exercises upon the spirit + of a nation. General Jackson, whom the Americans have twice elected to be + the head of their government, is a man of violent temper and mediocre + talents; no one circumstance in the whole course of his career ever proved + that he is qualified to govern a free people; and indeed the majority of + the enlightened classes of the Union has always been opposed to him. But + he was raised to the presidency, and has been maintained in that lofty + station, solely by the recollection of a victory which he gained, twenty + years ago, under the walls of New Orleans; a victory which was, however, a + very ordinary achievement, and which could only be remembered in a country + where battles are rare. Now the people who are thus carried away by the + illusions of glory, are unquestionably the most cold and calculating, the + most unmilitary (if I may use the expression), and the most prosaic of all + the peoples of the earth. + </p> + <p> + America has no great capital city,{199} whose influence is directly or + indirectly felt over the whole extent of the country, which I hold to be + one of the first causes of the maintenance of republican institutions in + the United States. In cities, men cannot be prevented from concerting + together, and from awakening a mutual excitement which prompts sudden and + passionate resolutions. Cities may be looked upon as large assemblies, of + which all the inhabitants are members; their populace exercises a + prodigious influence upon the magistrates, and frequently executes its own + wishes without their intervention. + </p> + <p> + To subject the provinces to the metropolis, is therefore not only to place + the destiny of the empire in the hands of a portion of the community, + which may be reprobated as unjust, but to place it in the hands of a + populace acting under its own impulses, which must be avoided as + dangerous. The preponderance of capital cities is therefore a serious blow + upon the representative system; and it exposes modern republics to the + same defect as the republics of antiquity, which all perished from not + being acquainted with that system. + </p> + <p> + It would be easy for me to adduce a great number of secondary causes which + have contributed to establish, and which concur to maintain, the + democratic republic of the United States. But I discern two principal + circumstances among these favorable elements, which I hasten to point out. + I have already observed that the origin of the American settlements may be + looked upon as the first and most efficacious cause to which the present + prosperity of the United States may be attributed. The Americans had the + chances of birth in their favor; and their forefathers imported that + equality of conditions into the country, whence the democratic republic + has very naturally taken its rise. Nor was this all they did; for besides + this republican condition of society, the early settlers bequeathed to + their descendants those customs, manners, and opinions, which contribute + most to the success of a republican form of government. When I reflect + upon the consequences of this primary circumstance, methinks I see the + destiny of America embodied in the first puritan who landed on those + shores, just as the human race was represented by the first man. + </p> + <p> + The chief circumstance which has favored the establishment and the + maintenance of a democratic republic in the United States, is the nature + of the territory which the Americans inhabit. Their ancestors gave them + the love of equality and of freedom: but God himself gave them the means + of remaining equal and free, by placing them upon a boundless continent, + which is open to their exertions. General prosperity is favorable to the + stability of all governments, but more particularly of a democratic + constitution, which depends upon the disposition of the majority, and more + particularly of that portion of the community which is most exposed to + feel the pressure of want. When the people rules, it must be rendered + happy, or it will overturn the state: and misery is apt to stimulate it to + those excesses to which ambition rouses kings. The physical causes, + independent of the laws, which contribute to promote general prosperity, + are more numerous in America than they have ever been in any other country + in the world, at any other period of history. In the United States, not + only is legislation democratic, but nature herself favors the cause of the + people. + </p> + <p> + In what part of human tradition can be found anything at all similar to + that which is occurring under our eyes in North America? The celebrated + communities of antiquity were all founded in the midst of hostile nations, + which they were obliged to subjugate before they could flourish in their + place. Even the moderns have found, in some parts of South America, vast + regions inhabited by a people of inferior civilisation, but which occupied + and cultivated the soil. To found their new states, it was necessary to + extirpate or to subdue a numerous population, until civilisation has been + made to blush for their success. But North America was only inhabited by + wandering tribes, who took no thought of the natural riches of the soil: + and that vast country was still, properly speaking, an empty continent, a + desert land awaiting its inhabitants. + </p> + <p> + Everything is extraordinary in America, the social condition of the + inhabitants, as well as the laws; but the soil upon which these + institutions are founded is more extraordinary than all the rest. When man + was first placed upon the earth by the Creator, that earth was + inexhaustible in its youth; but man was weak and ignorant: and when he had + learned to explore the treasures which it contained, hosts of his + fellow-creatures covered its surface, and he was obliged to earn an asylum + for repose and for freedom by the sword. At that same period North America + was discovered, as if it had been kept in reserve by the Deity, and had + just risen from beneath the waters of the deluge. + </p> + <p> + That continent still presents, as it did in the primeval time, rivers + which rise from never-failing sources, green and moist solitudes, and + fields which the ploughshare of the husbandman has never turned. In this + state it is offered to man, not in the barbarous and isolated condition of + the early ages, but to a being who is already in possession of the most + potent secrets of the natural world, who is united to his fellow-men, and + instructed by the experience of fifty centuries. At this very time + thirteen millions of civilized Europeans are peaceably spreading over + those fertile plains, with whose resources and whose extent they are not + yet accurately acquainted. Three or four thousand soldiers drive the + wandering races of the aborigines before them; these are followed by the + pioneers, who pierce the woods, scare off the beasts of prey, explore the + courses of the inland streams, and make ready the triumphal procession of + civilisation across the waste. + </p> + <p> + The favorable influence of the temporal prosperity of America upon the + institutions of that country has been so often described by others, and + adverted to by myself, that I shall not enlarge upon it beyond the + addition of a few facts. An erroneous notion is generally entertained, + that the deserts of America are peopled by European emigrants, who + annually disembark upon the coasts of the New World, while the American + population increases and multiplies upon the soil which its forefathers + tilled. The European settler, however, usually arrives in the United + States without friends, and sometimes without resources; in order to + subsist he is obliged to work for hire, and he rarely proceeds beyond that + belt of industrious population which adjoins the ocean. The desert cannot + be explored without capital or credit, and the body must be accustomed to + the rigors of a new climate before it can be exposed to the chances of + forest life. It is the Americans themselves who daily quit the spots which + gave them birth, to acquire extensive domains in a remote country. Thus + the European leaves his country for the transatlantic shores; and the + American, who is born on that very coast, plunges into the wilds of + central America. This double emigration is incessant: it begins in the + remotest parts of Europe, it crosses the Atlantic ocean, and it advances + over the solitudes of the New World. Millions of men are marching at once + toward the same horizon; their language, their religion, their manners + differ, their object is the same. The gifts of fortune are promised in the + west, and to the west they bend their course. + </p> + <p> + No event can be compared with this continuous removal of the human race, + except perhaps those irruptions which preceded the fall of the Roman + Empire. Then, as well as now, generations of men were impelled forward in + the same direction to meet and struggle on the same spot; but the designs + of Providence were not the same; then, every new comer was the harbinger + of destruction and of death; now, every adventurer brings with him the + elements of prosperity and of life. The future still conceals from us the + ulterior consequences of this emigration of the American toward the west; + but we can hardly apprehend its more immediate results. As a portion of + the inhabitants annually leave the states in which they were born, the + population of these states increases very slowly, although they have long + been established: thus in Connecticut, which only contains 59 inhabitants + to the square mile, the population has not been increased by more than one + quarter in forty years, while that of England has been augmented by one + third in the lapse of the same period. The European emigrant always lands, + therefore, in a country which is but half full, and where hands are in + request: he becomes a workman in easy circumstances; his son goes to seek + his fortune in unpeopled regions, and he becomes a rich landowner. The + former amasses the capital which the latter invests, and the stranger as + well as the native is unacquainted with want. + </p> + <p> + The laws of the United States are extremely favorable to the division of + property; but a cause which is more powerful than the laws prevents + property from being divided to excess.{200} This is very perceptible in + the states which are beginning to be thickly peopled; Massachusetts is the + most populous part of the Union, but it contains only 80 inhabitants to + the square mile, which is much less than in France, where 162 are reckoned + to the same extent of country. But in Massachusetts estates are very + rarely divided; the eldest son takes the land, and the others go to seek + their fortune in the desert. The law has abolished the right of + primogeniture, but circumstances have concurred to re-establish it under a + form of which none can complain, and by which no just rights are impaired. + </p> + <p> + A single fact will suffice to show the prodigious number of individuals + who leave New England, in this manner, to settle themselves in the wilds. + We were assured in 1830, that thirty-six of the members of congress were + born in the little state of Connecticut. The population of Connecticut, + which constitutes only one forty-third part of that of the United States, + thus furnished one-eighth of the whole body of representatives. The state + of Connecticut, however, only sends five delegates to congress; and the + thirty-one others sit for the new western states. If these thirty-one + individuals had remained in Connecticut, it is probable that instead of + becoming rich landowners they would have remained humble laborers, that + they would have lived in obscurity without being able to rise into public + life, and that, far from becoming useful members of the legislature, they + might have been unruly citizens. + </p> + <p> + These reflections do not escape the observation of the Americans any more + than of ourselves. "It cannot be doubted," says Chancellor Kent in his + Treatise on American Law, "that the division of landed estates must + produce great evils when it is carried to such excess that each parcel of + land is insufficient to support a family; but these disadvantages have + never been felt in the United States, and many generations must elapse + before they can be felt. The extent of our inhabited territory, the + abundance of adjacent land, and the continual stream of emigration flowing + from the shores of the Atlantic toward the interior of the country, + suffice as yet, and will long suffice, to prevent the parcelling out of + estates." + </p> + <p> + It is difficult to describe the rapacity with which the American rushes + forward to secure the immense booty which fortune proffers to him. In the + pursuit he fearlessly braves the arrow of the Indian and the distempers of + the forest; he is unimpressed by the silence of the woods; the approach of + beasts of prey does not disturb him; for he is goaded onward by a passion + more intense than the love of life. Before him lies a boundless continent, + and he urges onward as if time pressed, and he was afraid of finding no + room for his exertions. I have spoken of the emigration from the older + states, but how shall I describe that which takes place from the more + recent ones? Fifty years have scarcely elapsed since that of Ohio was + founded; the greater part of its inhabitants were not born within its + confines; its capital has only been built thirty years, and its territory + is still covered by an immense extent of uncultivated fields; + nevertheless, the population of Ohio is already proceeding westward, and + most of the settlers who descend to the fertile savannahs of Illinois are + citizens of Ohio. These men left their first country to improve their + condition; they quit their resting-place to meliorate it still more; + fortune awaits them everywhere, but happiness they cannot attain. The + desire of prosperity has become an ardent and restless passion in their + minds, which grows by what it gains. They early broke the ties which bound + them to their natal earth, and they have contracted no fresh ones on their + way. Emigration was at first necessary to them as a means of subsistence; + and it soon becomes a sort of game of chance, which they pursue for the + emotions it excites, as much as for the gain it procures. + </p> + <p> + Sometimes the progress of man is so rapid that the desert reappears behind + him. The woods stoop to give him a passage, and spring up again when he + has passed. It is not uncommon in crossing the new states of the west to + meet with deserted dwellings in the midst of the wilds; the traveller + frequently discovers the vestiges of a log-house in the most solitary + retreats, which bear witness to the power, and no less to the inconstancy + of man. In these abandoned fields, and over those ruins of a day, the + primeval forest soon scatters a fresh vegetation; the beasts resume the + haunts which were once their own; and nature covers the traces of man's + path with branches and with flowers, which obliterate his evanescent + track. + </p> + <p> + I remember that in crossing one of the woodland districts which still + cover the state of New York, I reached the shore of a lake, which was + embosomed with forests coeval with the world. A small island, covered with + woods, whose thick foliage concealed its banks, rose from the centre of + the waters. Upon the shores of the lake no object attested the presence of + man, except a column of smoke which might be seen on the horizon rising + from the tops of the trees to the clouds, and seeming to hang from heaven + rather than to be mounting to the sky. An Indian shallop was hauled up on + the sand, which tempted me to visit the islet that had at first attracted + my attention, and in a few minutes I set foot upon its banks. The whole + island formed one of those delicious solitudes of the New World, which + almost lead civilized man to regret the haunts of the savage. A luxuriant + vegetation bore witness to the incomparable fruitfulness of the soil. The + deep silence, which is common to the wilds of North America, was only + broken by the hoarse cooing of the wood-pigeon and the tapping of the + woodpecker upon the bark of trees. I was far from supposing that this spot + had ever been inhabited, so completely did nature seem to be left to her + own caprices; but when I reached the centre of the isle I thought that I + discovered some traces of man. I then proceeded to examine the surrounding + objects with care, and I soon perceived that an European had undoubtedly + been led to seek a refuge in this retreat. Yet what changes had taken + place in the scene of his labors! The logs which he had hastily hewn to + build himself a shed had sprouted afresh; the very props were intertwined + with living verdure, and his cabin was transformed into a bower. In the + midst of these shrubs a few stones were to be seen, blackened with fire + and sprinkled with thin ashes; here the hearth had no doubt been, and the + chimney in falling had covered it with rubbish. I stood for some time in + silent admiration of the exuberance of nature and the littleness of man; + and when I was obliged to leave that enchanting solitude, I exclaimed with + melancholy, "Are ruins, then, already here?" + </p> + <p> + In Europe we are wont to look upon a restless disposition, an unbounded + desire of riches, and an excessive love of independence, as propensities + very formidable to society. Yet these are the very elements which ensure a + long and peaceful duration to the republics of America. Without these + unquiet passions the population would collect in certain spots, and would + soon be subject to wants like those of the Old World, which it is + difficult to satisfy; for such is the present good fortune of the New + World, that the vices of its inhabitants are scarcely less favorable to + society than their virtues. These circumstances exercise a great influence + on the estimation in which human actions are held in the two hemispheres. + The Americans frequently term what we should call cupidity a laudable + industry; and they blame as faint-heartedness what we consider to be the + virtue of moderate desires. + </p> + <p> + In France simple tastes, orderly manners, domestic affections, and the + attachment which men feel to the place of their birth, are looked upon as + great guarantees of the tranquillity and happiness of the state. But in + America nothing seems to be more prejudicial to society than these + virtues. The French Canadians, who have faithfully preserved the + traditions of their pristine manners, are already embarrassed for room + upon their small territory; and this little community, which has so + recently begun to exist, will shortly be a prey to the calamities incident + to old nations. In Canada the most enlightened, patriotic, and humane + inhabitants, make extraordinary efforts to render the people dissatisfied + with those simple enjoyments which still content it. There the seductions + of wealth are vaunted with as much zeal, as the charms of an honest but + limited income in the Old World: and more exertions are made to excite the + passions of the citizens there than to calm them elsewhere. If we listen + to the eulogies, we shall hear that nothing is more praiseworthy than to + exchange the pure and homely pleasures which even the poor man tastes in + his own country, for the dull delights of prosperity under a foreign sky; + to leave the patrimonial hearth, and the turf beneath which his + forefathers sleep; in short, to abandon the living and the dead in quest + of fortune. + </p> + <p> + At the present time America presents a field for human effort, far more + extensive than any sum of labor which can be applied to work it. In + America, too much knowledge cannot be diffused; for all knowledge, while + it may serve him who possesses it, turns also to the advantage of those + who are without it. New wants are not to be feared, since they can be + satisfied without difficulty; the growth of human passions need not be + dreaded, since all passions may find an easy and a legitimate object: nor + can men be put in possession of too much freedom, since they are scarcely + ever tempted to misuse their liberties. + </p> + <p> + The American republics of the present day are like companies of + adventurers, formed to explore in common the waste lands of the New World, + and busied in a flourishing trade. The passions which agitate the + Americans most deeply, are not their political, but their commercial + passions; or, to speak more correctly, they introduce the habits they + contract in business into their political life. They love order, without + which affairs do not prosper; and they set an especial value upon a + regular conduct, which is the foundation of a solid business; they prefer + the good sense which amasses large fortunes, to that enterprising spirit + which frequently dissipates them; general ideas alarm their minds, which + are accustomed to positive calculations; and they hold practice in more + honor than theory. + </p> + <p> + It is in America that one learns to understand the influence which + physical prosperity exercises over political actions, and even over + opinions which ought to acknowledge no sway but that of reason; and it is + more especially among strangers that this truth is perceptible. Most of + the European emigrants to the New World carry with them that wild love of + independence and of change, which our calamities are apt to engender. I + sometimes met with Europeans, in the United States, who had been obliged + to leave their own country on account of their political opinions. They + all astonished me by the language they held; but one of them surprised me + more than all the rest. As I was crossing one of the most remote districts + of Pennsylvania, I was benighted, and obliged to beg for hospitality at + the gate of a wealthy planter, who was a Frenchman by birth. He bade me + sit down beside his fire, and we began to talk with that freedom which + befits persons who meet in the backwoods, two thousand leagues from their + native country. I was aware that my host had been a great leveller and an + ardent demagogue, forty years ago, and that his name was not unknown to + fame. I was therefore not a little surprised to hear him discuss the + rights of property as an economist or a landowner might have done: he + spoke of the necessary gradations which fortune established among men, of + obedience to established laws, of the influence of good morals in + commonwealths, and of the support which religious opinions give to order + and to freedom; he even went so far as to quote an evangelical authority + in corroboration of one of his political tenets. + </p> + <p> + I listened, and marvelled at the feebleness of human reason. A proposition + is true or false, but no art can prove it to be one or the other, in the + midst of the uncertainties of science and the conflicting lessons of + experience, until a new incident disperses the clouds of doubt; I was + poor, I become rich; and I am not to expect that prosperity will act upon + my conduct, and leave my judgment free: my opinions change with my + fortune, and the happy circumstances which I turn to my advantage, furnish + me with that decisive argument which was before wanting. + </p> + <p> + {The sentence beginning "I was poor, I become rich," &c, struck the + editor, on perusal, as obscure, if not contradictory. The original seems + more explicit, and justice to the author seems to require that it should + be presented to the reader. "J'étais pauvre, me voici riche; du moins, si + le bien-être, en agissant sur ma conduite, laissait mon jugement en + liberté! Mais non, mes opinions sont en effet changées avec ma fortune, + et, dans l'événement heureux dont je profite, j'ai réellement découvert la + raison déterminante qui jusque-là m'avait manqué."—<i>American + Editor</i>.} + </p> + <p> + The influence of prosperity acts still more freely upon the American than + upon strangers. The American has always seen the connexion of public order + and public prosperity, intimately united as they are, go on before his + eyes; he does not conceive that one can subsist without the other; he has + therefore nothing to forget: nor has he, like so many Europeans, to + unlearn the lessons of his early education. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + INFLUENCE OF THE LAWS UPON THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC IN + THE UNITED STATES. + </p> + <p> + Three principal Causes of the Maintenance of the democratic Republic.—Federal + Constitutions.—Municipal Institutions.—Judicial Power. + </p> + <p> + The principal aim of this book has been to make known the laws of the + United States; if this purpose has been accomplished, the reader is + already enabled to judge for himself which are the laws that really tend + to maintain the democratic republic, and which endanger its existence. If + I have not succeeded in explaining this in the whole course of my work, I + cannot hope to do so within the limits of a single chapter. It is not my + intention to retrace the path I have already pursued; and a very few lines + will suffice to recapitulate what I have previously explained. + </p> + <p> + Three circumstances seem to me to contribute most powerfully to the + maintenance of the democratic republic in the United States. + </p> + <p> + The first is that federal form of government which the Americans have + adopted, and which enables the Union to combine the power of a great + empire with the security of a small state;— + </p> + <p> + The second consists in those municipal institutions which limit the + despotism of the majority, and at the same time impart a taste for + freedom, and a knowledge of the art of being free, to the people;— + </p> + <p> + The third is to be met with in the constitution of the judicial power. I + have shown in what manner the courts of justice serve to repress the + excesses of democracy; and how they check and direct the impulses of the + majority, without stopping its activity. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + INFLUENCE OF MANNERS UPON THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC IN + THE UNITED STATES. + </p> + <p> + I have previously remarked that the manners of the people may be + considered as one of the general causes to which the maintenance of a + democratic republic in the United States is attributable. I here use the + word <i>manners</i>, with the meaning which the ancients attached to the + word <i>mores</i>; for I apply it not only to manners, in their proper + sense of what constitutes the character of social intercourse, but I + extend it to the various notions and opinions current among men, and to + the mass of those ideas which constitute their character of mind. I + comprise, therefore, under this term the whole moral and intellectual + condition of a people. My intention is not to draw a picture of American + manners, but simply to point out such features of them as are favorable to + the maintenance of political institutions. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + RELIGION CONSIDERED AS A POLITICAL INSTITUTION, WHICH POWERFULLY + CONTRIBUTES TO THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC AMONG THE + AMERICANS. + </p> + <p> + North America peopled by Men who professed a democratic and republican + Christianity.—Arrival of the Catholics.—For what Reason the + Catholics form the most democratic and the most republican Class at the + present Time. + </p> + <p> + Every religion is to be found in juxtaposition to a political opinion, + which is connected with it by affinity. If the human mind be left to + follow its own bent, it will regulate the temporal and spiritual + institutions of society upon one uniform principle; and man will endeavor, + if I may use the expression, to harmonize the state in which he lives upon + earth, with the state he believes to await him in heaven. + </p> + <p> + The greatest part of British America was peopled by men who, after having + shaken off the authority of the pope, acknowledged no other religious + supremacy: they brought with them into the New World a form of + Christianity, which I cannot better describe, than by styling it a + democratic and republican religion. This sect contributed powerfully to + the establishment of a democracy and a republic; and from the earliest + settlement of the emigrants, politics and religion contracted an alliance + which has never been dissolved. + </p> + <p> + About fifty years ago Ireland began to pour a catholic population into the + United States; on the other hand, the catholics of America made + proselytes, and at the present moment more than a million of Christians, + professing the truths of the church of Rome, are to be met with in the + Union. These catholics are faithful to the observances of their religion; + they are fervent and zealous in the support and belief of their doctrines. + Nevertheless they constitute the most republican and the most democratic + class of citizens which exists in the United States; and although this + fact may surprise the observer at first, the cause by which it is + occasioned may easily be discovered upon reflection. + </p> + <p> + I think that the catholic religion has erroneously been looked upon as the + natural enemy of democracy. Among the various sects of Christians, + catholicism seems to me, on the contrary, to be one of those which are + most favorable to the equality of conditions. In the catholic church, the + religious community is composed of only two elements; the priest and the + people. The priest alone rises above the rank of his flock, and all below + him are equal. + </p> + <p> + On doctrinal points the catholic faith places all human capacities upon + the same level; it subjects the wise and the ignorant, the man of genius + and the vulgar crowd, to the details of the same creed; it imposes the + same observances upon the rich and needy, it inflicts the same austerities + upon the strong and the weak, it listens to no compromises with mortal + man, but reducing all the human race to the same standard, it confounds + all the distinctions of society at the foot of the same altar, even as + they are confounded in the sight of God. If catholicism predisposes the + faithful to obedience, it certainly does not prepare them for inequality; + but the contrary may be said of protestantism, which generally tends to + make men independent, more than to render them equal. + </p> + <p> + Catholicism is like an absolute monarchy; if the sovereign be removed, all + the other classes of society are more equal than they are in republics. It + has not unfrequently occurred that the catholic priest has left the + service of the altar to mix with the governing powers of society, and to + make his place among the civil gradations of men. This religious influence + has sometimes been used to secure the interests of that political state of + things to which he belonged. At other times catholics have taken the side + of aristocracy from a spirit of religion. + </p> + <p> + But no sooner is the priesthood entirely separated from the government, as + is the case in the United States, than it is found that no class of men + are more naturally disposed than the catholics to transfuse the doctrine + of the equality of conditions into the political world. If, then, the + catholic citizens of the United States are not forcibly led by the nature + of their tenets to adopt democratic and republican principles, at least + they are not necessarily opposed to them; and their social position, as + well as their limited number, obliges them to adopt these opinions. Most + of the catholics are poor, and they have no chance of taking a part in the + government unless it be open to all the citizens. They constitute a + minority, and all rights must be respected in order to ensure to them the + free exercise of their own privileges. These two causes induce them, + unconsciously, to adopt political doctrines which they would perhaps + support with less zeal if they were rich and preponderant. + </p> + <p> + The catholic clergy of the United States has never attempted to oppose + this political tendency; but it seeks rather to justify its results. The + priests in America have divided the intellectual world into two parts: in + the one they place the doctrines of revealed religion, which command their + assent; in the other they leave those truths, which they believe to have + been freely left open to the researches of political inquiry. Thus the + catholics of the United States are at the same time the most faithful + believers and the most zealous citizens. + </p> + <p> + It may be asserted that in the United States no religious doctrine + displays the slightest hostility to democratic and republican + institutions. The clergy of all the different sects holds the same + language; their opinions are consonant to the laws, and the human + intellect flows onward in one sole current. + </p> + <p> + I happened to be staying in one of the largest towns in the Union, when I + was invited to attend a public meeting which had been called for the + purpose of assisting the Poles, and of sending them supplies of arms and + money. I found two or three thousand persons collected in a vast hall + which had been prepared to receive them. In a short time a priest in his + ecclesiastical robes advanced to the front of the hustings: the spectators + rose, and stood uncovered, while he spoke in the following terms:— + </p> + <p> + "Almighty God! the God of armies! Thou who didst strengthen the hearts and + guide the arms of our fathers when they were fighting for the sacred + rights of national independence; thou who didst make them triumph over a + hateful oppression, and hast granted to our people the benefits of liberty + and peace; turn, O Lord, a favorable eye upon the other hemisphere; + pitifully look down upon that heroic nation which is even now struggling + as we did in the former time, and for the same rights which we defended + with our blood. Thou, who didst create man in the likeness of the same + image, let no tyranny mar thy work, and establish inequality upon the + earth. Almighty God! do thou watch over the destiny of the Poles, and + render them worthy to be free. May thy wisdom direct their councils, and + may thy strength sustain their arms! Shed forth thy terror over their + enemies; scatter the powers which take counsel against them; and vouchsafe + that the injustice which the world has beheld for fifty years, be not + consummated in our time. O Lord, who holdest alike the hearts of nations + and of men in thy powerful hand, raise up allies to the sacred cause of + right; arouse the French nation from the apathy in which its rulers retain + it, that it go forth again to fight for the liberties of the world. + </p> + <p> + "Lord, turn not thou thy face from us, and grant that we may always be the + most religious as well as the freest people of the earth. Almighty God, + hear our supplications this day. Save the Poles, we beseech thee, in the + name of thy well beloved Son, our Lord Jesus Christ, who died upon the + cross for the salvation of men. Amen." + </p> + <p> + The whole meeting responded "Amen!" with devotion. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + INDIRECT INFLUENCE OF RELIGIOUS OPINIONS UPON POLITICAL SOCIETY IN THE + UNITED STATES. + </p> + <p> + Christian Morality common to all Sects.—Influence of Religion upon + the Manners of the Americans.—Respect for the marriage Tie.—In + what manner Religion confines the Imagination of the Americans within + certain Limits, and checks the Passion of Innovation.—Opinion of the + Americans on the political Utility of Religion.—Their Exertions to + extend and secure its Predominance. + </p> + <p> + I have just shown what the direct influence of religion upon politics is + in the United States; but its indirect influence appears to me to be still + more considerable, and it never instructs the Americans more fully in the + art of being free than when it says nothing of freedom. + </p> + <p> + The sects which exist in the United States are innumerable. They all + differ in respect to the worship which is due from man to his Creator; but + they all agree in respect to the duties which are due from man to man. + Each sect adores the Deity in its own peculiar manner; but all the sects + preach the same moral law in the name of God. If it be of the slightest + importance to man, as an individual, that his religion should be true, the + case of society is not the same. Society has no future life to hope for or + to fear; and provided the citizens profess a religion, the peculiar tenets + of that religion are of very little importance to its interests. Moreover, + almost all the sects of the United States are comprised within the great + unity of christianity, and Christian morality is everywhere the same. + </p> + <p> + It may be believed without unfairness, that a certain number of Americans + pursue a peculiar form of worship, from habit more than from conviction. + In the United States the sovereign authority is religious, and + consequently hypocrisy must be common; but there is no country in the + whole world in which the Christian religion retains a greater influence + over the souls of men than in America; and there can be no greater proof + of its utility, and of its conformity to human nature, than that its + influence is most powerfully felt over the most enlightened and free + nation of the earth. + </p> + <p> + I have remarked that the members of the American clergy in general, + without even excepting those who do not admit religious liberty, are all + in favor of civil freedom; but they do not support any particular + political system. They keep aloof from parties, and from public affairs. + In the United States religion exercises but little influence upon the + laws, and upon the details of public opinion; but it directs the manners + of the community, and by regulating domestic life, it regulates the state. + </p> + <p> + I do not question that the great austerity of manners which is observable + in the United States, arises, in the first instance, from religious faith. + Religion is often unable to restrain man from the numberless temptations + of fortune; nor can it check that passion for gain which every incident of + his life contributes to arouse; but its influence over the mind of women + is supreme, and women are the protectors of morals. There is certainly no + country in the world where the tie of marriage is so much respected as in + America, or where conjugal happiness is more highly or worthily + appreciated. In Europe almost all the disturbances of society arise from + the irregularities of domestic life. To despise the natural bonds and + legitimate pleasures of home, is to contract a taste for excesses, a + restlessness of heart, and the evil of fluctuating desires. Agitated by + the tumultuous passions which frequently disturb his dwelling, the + European is galled by the obedience which the legislative powers of the + state exact. But when the American retires from the turmoil of public life + to the bosom of his family, he finds in it the image of order and of + peace. There his pleasures are simple and natural, his joys are innocent + and calm; and as he finds that an orderly life is the surest path to + happiness, he accustoms himself without difficulty to moderate his + opinions as well as his tastes. While the European endeavors to forget his + domestic troubles by agitating society, the American derives from his own + home that love of order, which he afterward carries with him into public + affairs. + </p> + <p> + In the United States the influence of religion is not confined to the + manners, but it extends to the intelligence of the people. Among the + Anglo-Americans, there are some who profess the doctrines of Christianity + from a sincere belief in them, and others who do the same because they are + afraid to be suspected of unbelief. Christianity, therefore, reigns + without any obstacle, by universal consent; the consequence is, as I have + before observed, that every principle of the moral world is fixed and + determinate, although the political world is abandoned to the debates and + the experiments of men. Thus the human mind is never left to wander across + a boundless field; and, whatever may be its pretensions, it is checked + from time to time by barriers which it cannot surmount. Before it can + perpetrate innovation, certain primal and immutable principles are laid + down, and the boldest conceptions of human device are subjected to certain + forms which retard and stop their completion. + </p> + <p> + The imagination of the Americans, even in its greatest flights, is + circumspect and undecided; its impulses are checked, and its works + unfinished. These habits of restraint recur in political society, and are + singularly favorable both to the tranquillity of the people and the + durability of the institutions it has established. Nature and + circumstances concurred to make the inhabitants of the United States bold + men, as is sufficiently attested by the enterprising spirit with which + they seek for fortune. If the minds of the Americans were free from all + trammels, they would very shortly become the most daring innovators and + the most implacable disputants in the world. But the revolutionists of + America are obliged to profess an ostensible respect for Christian + morality and equity, which does not easily permit them to violate the laws + that oppose their designs; nor would they find it easy to surmount the + scruples of their partisans, even if they were able to get over their own. + Hitherto no one, in the United States, has dared to advance the maxim, + that everything is permissible with a view to the interests of society; an + impious adage, which seems to have been invented in an age of freedom, to + shelter all the tyrants of future ages. Thus while the law permits the + Americans to do what they please, religion prevents them from conceiving, + and forbids them to commit, what is rash and unjust. + </p> + <p> + Religion in America takes no direct part in the government of society, but + it must nevertheless be regarded as the foremost of the political + institutions of that country; for if it does not impart a taste for + freedom, it facilitates the use of free institutions. Indeed, it is in + this same point of view that the inhabitants of the United States + themselves look upon religious belief. I do not know whether all the + Americans have a sincere faith in their religion; for who can search the + human heart? but I am certain that they hold it to be indispensable to the + maintenance of republican institutions. This opinion is not peculiar to a + class of citizens or to a party, but it belongs to the whole nation, and + to every rank of society. + </p> + <p> + In the United States, if a political character attacks a sect, this may + not prevent even the partisans of that very sect, from supporting him; but + if he attacks all the sects together, every one abandons him, and he + remains alone. + </p> + <p> + While I was in America, a witness, who happened to be called at the + assizes of the county of Chester (state of New York), declared that he did + not believe in the existence of God or in the immortality of the soul. The + judge refused to admit his evidence, on the ground that the witness had + destroyed beforehand all the confidence of the court in what he was about + to say.{201} The newspapers related the fact without any farther comment. + </p> + <p> + The Americans combine the notions of Christianity and of liberty so + intimately in their minds, that it is impossible to make them conceive the + one without the other; and with them this conviction does not spring from + that barren traditionary faith which seems to vegetate in the soul rather + than to live. + </p> + <p> + I have known of societies formed by the Americans to send out ministers of + the gospel into the new western states, to found schools and churches + there, lest religion should be suffered to die away in those remote + settlements, and the rising states be less fitted to enjoy free + institutions than the people from which they emanated. I met with wealthy + New Englanders who abandoned the country in which they were born, in order + to lay the foundations of Christianity and of freedom on the banks of the + Missouri or in the prairies of Illinois. Thus religious zeal is + perpetually stimulated in the United States by the duties of patriotism. + These men do not act from an exclusive consideration of the promises of a + future life; eternity is only one motive of their devotion to the cause; + and if you converse with these missionaries of Christian civilisation, you + will be surprised to find how much value they set upon the goods of this + world, and that you meet with a politician where you expected to find a + priest. They will tell you that "all the American republics are + collectively involved with each other; if the republics of the west were + to fall into anarchy, or to be mastered by a despot, the republican + institutions which now flourish upon the shores of the Atlantic ocean + would be in great peril. It is therefore our interest that the new states + should be religious, in order to maintain our liberties." + </p> + <p> + Such are the opinions of the Americans; and if any hold that the religious + spirit which I admire is the very thing most amiss in America, and that + the only element wanting to the freedom and happiness of the human race is + to believe in some blind cosmogony, or to assert with Cabanis the + secretion of thought by the brain, I can only reply, that those who hold + this language have never been in America, and that they have never seen a + religious or a free nation. When they return from their expedition, we + shall hear what they have to say. + </p> + <p> + There are persons in France who look upon republican institutions as a + temporary means of power, of wealth and distinction; men who are the <i>condottieri</i> + of liberty, and who fight for their own advantage, whatever be the colors + they wear: it is not to these that I address myself. But there are others + who look forward to the republican form of government as a tranquil and + lasting state, toward which modern society is daily impelled by the ideas + and manners of the time, and who sincerely desire to prepare men to be + free. When these men attack religious opinions, they obey the dictates of + their passions to the prejudice of their interests. Despotism may govern + without faith, but liberty cannot. Religion is much more necessary in the + republic which they set forth in glowing colors, than in the monarchy + which they attack; and it is more needed in democratic republics than in + any others. How is it possible that society should escape destruction if + the moral tie be not strengthened in proportion as the political tie is + relaxed? and what can be done with a people which is its own master, if it + be not submissive to the Divinity? + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + PRINCIPAL CAUSES WHICH RENDER RELIGION POWERFUL IN AMERICA. + </h3> + <p> + Care taken by the Americans to separate the Church from the State.—The + Laws, public Opinion, and even the Exertions of the Clergy concur to + promote this end.—Influence of Religion upon the Mind, in the United + States, attributable to this Cause.—Reason of this.—What is + the natural State of Men with regard to Religion at the present time.—What + are the peculiar and incidental Causes which prevent Men, in certain + Countries, from arriving at this State. + </p> + <p> + The philosophers of the eighteenth century explained the gradual decay of + religious faith in a very simple manner. Religious zeal, said they, must + necessarily fail, the more generally liberty is established and knowledge + diffused. Unfortunately, facts are by no means in accordance with their + theory. There are certain populations in Europe whose unbelief is only + equalled by their ignorance and their debasement, while in America one of + the freest and most enlightened nations in the world fulfils all the + outward duties of religion with fervor. + </p> + <p> + Upon my arrival in the United States, the religious aspect of the country + was the first thing that struck my attention; and the longer I stayed + there, the more did I perceive the great political consequences resulting + from this state of things, to which I was unaccustomed. In France I had + almost always seen the spirit of religion and the spirit of freedom + pursuing courses diametrically opposed to each other; but in America I + found that they were intimately united, and that they reigned in common + over the same country. My desire to discover the causes of this phenomenon + increased from day to day. In order to satisfy it, I questioned the + members of all the different sects; and I more especially sought the + society of the clergy, who are the depositaries of the different + persuasions, and who are more especially interested in their duration. As + a member of the Roman catholic church I was more particularly brought into + contact with several of its priests, with whom I became intimately + acquainted. To each of these men I expressed my astonishment and I + explained my doubts: I found that they differed upon matters of detail + alone; and that they mainly attributed the peaceable dominion of religion + in their country, to the separation of church and state. I do not hesitate + to affirm that during my stay in America, I did not meet with a single + individual, of the clergy or of the laity, who was not of the same opinion + upon this point. + </p> + <p> + This led me to examine more attentively than I had hitherto done, the + station which the American clergy occupy in political society. I learned + with surprise that they fill no public appointments;{202} not one of them + is to be met with in the administration, and they are not even represented + in the legislative assemblies. In several states{203} the law excludes + them from political life; public opinion in all. And when I came to + inquire into the prevailing spirit of the clergy, I found that most of its + members seemed to retire of their own accord from the exercise of power, + and that they made it the pride of their profession to abstain from + politics. + </p> + <p> + I heard them inveigh against ambition and deceit, under whatever political + opinions these vices might chance to lurk; but I learned from their + discourses that men are not guilty in the eye of God for any opinions + concerning political government, which they may profess with sincerity, + any more than they are for their mistakes in building a house or in + driving a furrow. I perceived that these ministers of the gospel eschewed + all parties, with the anxiety attendant upon personal interest. These + facts convinced me that what I had been told was true; and it then became + my object to investigate their causes, and to inquire how it happened that + the real authority of religion was increased by a state of things which + diminished its apparent force: these causes did not long escape my + researches. + </p> + <p> + The short space of threescore years can never content the imagination of + man; nor can the imperfect joys of this world satisfy his heart. Man + alone, of all created beings, displays a natural contempt of existence, + and yet a boundless desire to exist; he scorns life, but he dreads + annihilation. These different feelings incessantly urge his soul to the + contemplation of a future state, and religion directs his musings thither. + Religion, then, is simply another form of hope; and it is no less natural + to the human heart than hope itself. Men cannot abandon their religious + faith without a kind of aberration of intellect, and a sort of violent + distortion of their true natures; but they are invincibly brought back to + more pious sentiments; for unbelief is an accident, and faith is the only + permanent state of mankind. If we only consider religious institutions in + a purely human point of view, they may be said to derive an inexhaustible + element of strength from man himself, since they belong to one of the + constituent principles of human nature. + </p> + <p> + I am aware that at certain times religion may strengthen this influence, + which originates in itself, by the artificial power of the laws, and by + the support of those temporal institutions which direct society. + Religions, intimately united to the governments of the earth, have been + known to exercise a sovereign authority derived from the twofold source of + terror and of faith; but when a religion contracts an alliance of this + nature, I do not hesitate to affirm that it commits the same error, as a + man who should sacrifice his future to his present welfare; and in + obtaining a power to which it has no claim, it risks that authority which + is rightfully its own. When a religion founds its empire upon the desire + of immortality which lives in every human heart, it may aspire to + universal dominion: but when it connects itself with a government, it must + necessarily adopt maxims which are only applicable to certain nations. + Thus, in forming an alliance with a political power, religion augments its + authority over a few, and forfeits the hope of reigning over all. + </p> + <p> + As long as a religion rests upon those sentiments which are the + consolation of all affliction, it may attract the affections of mankind. + But if it be mixed up with the bitter passions of the world, it may be + constrained to defend allies whom its interests, and not the principle of + love, have given to it; or to repel as antagonists men who are still + attached to its own spirit, however opposed they may be to the powers to + which it is allied. The church cannot share the temporal power of the + state, without being the object of a portion of that animosity which the + latter excites. + </p> + <p> + The political powers which seem to be most firmly established have + frequently no better guarantee for their duration, than the opinions of a + generation, the interests of the time, or the life of an individual. A law + may modify the social condition which seems to be most fixed and + determinate; and with the social condition everything else must change. + The powers of society are more or less fugitive, like the years which we + spend upon the earth; they succeed each other with rapidity like the + fleeting cares of life; and no government has ever yet been founded upon + an invariable disposition of the human heart, or upon an imperishable + interest. + </p> + <p> + As long as religion is sustained by those feelings, propensities, and + passions, which are found to occur under the same forms at all the + different periods of history, it may defy the efforts of time; or at least + it can only be destroyed by another religion. But when religion clings to + the interests of the world, it becomes almost as fragile a thing as the + powers of the earth. It is the only one of them all which can hope for + immortality; but if it be connected with their ephemeral authority, it + shares their fortunes, and may fall with those transient passions which + supported them for a day. The alliance which religion contracts with + political powers must needs be onerous to itself; since it does not + require their assistance to live, and by giving them its assistance it may + be exposed to decay. + </p> + <p> + The danger which I have just pointed out always exists, but it is not + always equally visible. In some ages governments seem to be imperishable, + in others the existence of society appears to be more precarious than the + life of man. Some constitutions plunge the citizens into a lethargic + somnolence, and others rouse them to feverish excitement. When government + appears to be so strong, and laws so stable, men do not perceive the + dangers which may accrue from a union of church and state. When + governments display so much inconstancy, the danger is self-evident, but + it is no longer possible to avoid it; to be effectual, measures must be + taken to discover its approach. + </p> + <p> + In proportion as a nation assumes a democratic condition of society, and + as communities display democratic propensities, it becomes more and more + dangerous to connect religion with political institutions; for the time is + coming when authority will be bandied from hand to hand, when political + theories will succeed each other, and when men, laws and constitutions, + will disappear or be modified from day to day, and this not for a season + only, but unceasingly. Agitation and mutability are inherent in the nature + of democratic republics, just as stagnation and inertness are the law of + absolute monarchies. + </p> + <p> + If the Americans, who change the head of the government once in four + years, who elect new legislators every two years, and renew the provincial + officers every twelvemonth; if the Americans, who have abandoned the + political world to the attempts of innovators, had not placed religion + beyond their reach, where could it abide in the ebb and flow of human + opinions? where would that respect which belongs to it be paid, amid the + struggles of faction? and what would become of its immortality in the + midst of perpetual decay? The American clergy were the first to perceive + this truth, and to act in conformity with it. They saw that they must + renounce their religious influence, if they were to strive for political + power; and they chose to give up the support of the state, rather than to + share in its vicissitudes. + </p> + <p> + In America, religion is perhaps less powerful than it has been at certain + periods in the history of certain peoples; but its influence is more + lasting. It restricts itself to its own resources, but of those none can + deprive it: its circle is limited to certain principles, but those + principles are entirely its own, and under its undisputed control. + </p> + <p> + On every side in Europe we hear voices complaining of the absence of + religious faith, and inquiring the means of restoring to religion some + remnant of its pristine authority. It seems to me that we must first + attentively consider what ought to be <i>the natural state</i> of men with + regard to religion, at the present time; and when we know what we have to + hope and to fear, we may discern the end to which our efforts ought to be + directed. + </p> + <p> + The two great dangers which threaten the existence of religions are schism + and indifference. In ages of fervent devotion, men sometimes abandon their + religion, but they only shake it off in order to adopt another. Their + faith changes the objects to which it is directed, but it suffers no + decline. The old religion, then, excites enthusiastic attachment or bitter + enmity in either party; some leave it with anger, others cling to it with + increased devotedness, and although persuasions differ, irreligion is + unknown. Such, however, is not the case when a religious belief is + secretly undermined by doctrines which may be termed negative, since they + deny the truth of one religion without affirming that of any other. + Prodigious revolutions then take place in the human mind, without the + apparent co-operation of the passions of man, and almost without his + knowledge. Men lose the object of their fondest hopes, as if through + forgetfulness. They are carried away by an imperceptible current which + they have not the courage to stem, but which they follow with regret, + since it bears them from a faith they love, to a scepticism that plunges + them into despair. + </p> + <p> + In ages which answer to this description, men desert their religious + opinions from lukewarmness rather than from dislike; they do not reject + them, but the sentiments by which they were once fostered disappear. But + if the unbeliever does not admit religion to be true, he still considers + it useful. Regarding religious institutions in a human point of view, he + acknowledges their influence upon manners and legislation. He admits that + they may serve to make men live in peace with one another and to prepare + them gently for the hour of death. He regrets the faith which he has lost; + and as he is deprived of a treasure which he has learned to estimate at + its full value, he scruples to take it from those who still possess it. + </p> + <p> + On the other hand, those who continue to believe, are not afraid openly to + avow their faith. They look upon those who do not share their persuasion + as more worthy of pity than of opposition; and they are aware, that to + acquire the esteem of the unbelieving, they are not obliged to follow + their example. They are hostile to no one in the world; and as they do not + consider the society in which they live as an arena in which religion is + bound to face its thousand deadly foes, they love their contemporaries, + while they condemn their weaknesses, and lament their errors. + </p> + <p> + As those who do not believe, conceal their incredulity; and as those who + believe, display their faith, public opinion pronounces itself in favor of + religion: love, support, and honor, are bestowed upon it, and it is only + by searching the human soul, that we can detect the wounds which it has + received. The mass of mankind, who are never without the feeling of + religion, do not perceive anything at variance with the established faith. + The instinctive desire of a future life brings the crowd about the altar, + and opens the hearts of men to the precepts and consolations of religion. + </p> + <p> + But this picture is not applicable to us; for there are men among us who + have ceased to believe in Christianity, without adopting any other + religion; others who are in the perplexities of doubt, and who already + affect not to believe; and others, again, who are afraid to avow that + Christian faith which they still cherish in secret. + </p> + <p> + Amid these lukewarm partisans and ardent antagonists, a small number of + believers exist, who are ready to brave all obstacles, and to scorn all + dangers in defence of their faith. They have done violence to human + weakness, in order to rise superior to public opinion. Excited by the + effort they have made, they scarcely know where to stop; and as they know + that the first use which the French made, of independence, was to attack + religion, they look upon their contemporaries with dread, and they recoil + in alarm from the liberty which their fellow-citizens are seeking to + obtain. As unbelief appears to them to be a novelty, they comprise all + that is new in one indiscriminate animosity. They are at war with their + age and country, and they look upon every opinion which is put forth there + as the necessary enemy of the faith. + </p> + <p> + Such is not the natural state of men with regard to religion at the + present day; and some extraordinary or incidental cause must be at work in + France, to prevent the human mind from following its original + propensities, and to drive it beyond the limits at which it ought + naturally to stop. + </p> + <p> + I am intimately convinced that this extraordinary and incidental cause is + the close connexion of politics and religion. The unbelievers of Europe + attack the Christians as their political opponents, rather than as their + religious adversaries; they hate the Christian religion as the opinion of + a party, much more than as an error of belief; and they reject the clergy + less because they are the representatives of the Divinity, than because + they are the allies of authority. + </p> + <p> + In Europe, Christianity has been intimately united to the powers of the + earth. Those powers are now in decay, and it is, as it were, buried under + their ruins. The living body of religion has been bound down to the dead + corpse of superannuated polity; cut the bonds which restrain it, and that + which is alive will rise once more. I know not what could restore the + Christian church of Europe to the energy of its earlier days; that power + belongs to God alone; but it may be the effect of human policy to leave + the faith in all the full exercise of the strength which it still retains. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + HOW THE INSTRUCTION, THE HABITS, AND THE PRACTICAL EXPERIENCE OF THE + AMERICANS PROMOTE THE SUCCESS OF THEIR DEMOCRATIC INSTITUTIONS. + </p> + <p> + What is to be understood by the instruction of the American People.—The + human Mind is more superficially instructed in the United States than in + Europe.—No one completely uninstructed.—Reason of this + Rapidity with which Opinions are diffused even in the uncultivated States + of the West.—Practical Experience more serviceable to the Americans + than Book-learning. + </p> + <p> + I have but little to add to what I have already said, concerning the + influence which the instruction and the habits of the Americans exercise + upon the maintenance of their political institutions. + </p> + <p> + America has hitherto produced very few writers of distinction; it + possesses no great historians, and not a single eminent poet. The + inhabitants of that country look upon what are properly styled literary + pursuits with a kind of disapprobation; and there are towns of very second + rate importance in Europe, in which more literary works are annually + published, than in the twenty-four states of the Union put together. The + spirit of the Americans is averse to general ideas; and it does not seek + theoretical discoveries. Neither politics nor manufactures direct them to + these occupations; and although new laws are perpetually enacted in the + United States, no great writers have hitherto inquired into the principles + of their legislation. The Americans have lawyers and commentators, but no + jurists; and they furnish examples rather than lessons to the world. The + same observation applies to the mechanical arts. In America, the + inventions of Europe are adopted with sagacity; they are perfected, and + adapted with admirable skill to the wants of the country. Manufactures + exist, but the science of manufacture is not cultivated; and they have + good workmen, but very few inventors. Fulton was obliged to proffer his + services to foreign nations for a long time before he was able to devote + them to his own country. + </p> + <p> + {The remark that in America "there are very good workmen but very few + inventors," will excite surprise in this country. The inventive character + of Fulton he seems to admit, but would apparently deprive us of the credit + of his name, by the remark that he was obliged to proffer his services to + foreign nations for a long time. He might have added, that those proffers + were disregarded and neglected, and that it was finally in his own country + that he found the aid necessary to put in execution his great project. If + there be patronage extended by the citizens of the United States to any + one thing in preference to another, it is to the results of inventive + genius. Surely Franklin, Rittenhouse, and Perkins, have been heard of by + our author; and he must have heard something of that wonderful invention, + the cotton-gin of Whitney, and of the machines for making cards to comb + wool. The original machines of Fulton for the application of steam have + been constantly improving, so that there is scarcely a vestige of them + remaining. But to sum up the whole in one word, can it be possible that + our author did not visit the patent office at Washington? Whatever may be + said of the <i>utility</i> of nine-tenths of the inventions of which the + descriptions and models are there deposited, no one who has ever seen that + depository, or who has read a description of its contents, can doubt that + they furnish the most incontestible evidence of extraordinary inventive + genius—a genius that has excited the astonishment of other European + travellers.—<i>American Editor</i>.} + </p> + <p> + The observer who is desirous of forming an opinion on the state of + instruction among the Anglo-Americans, must consider the same object from + two different points of view. If he only singles out the learned, he will + be astonished to find how rare they are; but if he counts the ignorant, + the American people will appear to be the most enlightened community in + the world. The whole population, as I observed in another place, is + situated between these two extremes. + </p> + <p> + In New England, every citizen receives the elementary notions of human + knowledge; he is moreover taught the doctrines and the evidences of his + religion, the history of his country, and the leading features of its + constitution. In the states of Connecticut and Massachusetts, it is + extremely rare to find a man imperfectly acquainted with all these things, + and a person wholly ignorant of them is a sort of phenomenon. + </p> + <p> + When I compare the Greek and Roman republics with these American states; + the manuscript libraries of the former, and their rude population, with + the innumerable journals and the enlightened people of the latter; when I + remember all the attempts which are made to judge the modern republics by + the assistance of those of antiquity, and to infer what will happen in our + time from what took place two thousand years ago, I am tempted to burn my + books, in order to apply none but novel ideas to so novel a condition of + society. + </p> + <p> + What I have said of New England must not, however, be applied + indiscriminately to the whole Union: as we advance towards the west or the + south, the instruction of the people diminishes. In the states which are + adjacent to the Gulf of Mexico, a certain number of individuals may be + found, as in our own countries, who are devoid of the rudiments of + instruction. But there is not a single district in the United States sunk + in complete ignorance; and for a very simple reason; the peoples of Europe + started from the darkness of a barbarous condition to advance toward the + light of civilisation; their progress has been unequal; some of them have + improved apace, while others have loitered in their course, and some have + stopped, and are still sleeping upon the way. + </p> + <p> + Such has not been the case in the United States. The Anglo-Americans + settled in a state of civilisation, upon that territory which their + descendants occupy; they had not to begin to learn, and it was sufficient + not to forget. Now the children of these same Americans are the persons + who, year by year, transport their dwellings into the wilds: and with + their dwellings their acquired information and their esteem for knowledge. + Education has taught them the utility of instruction, and has enabled them + to transmit that instruction to their posterity. In the United States + society has no infancy, but it is born in man's estate. + </p> + <p> + The Americans never use the word "peasant," because they have no idea of + the peculiar class which that term denotes; the ignorance of more remote + ages, the simplicity of rural life, and the rusticity of the villager, + have not been preserved among them; and they are alike unacquainted with + the virtues, the vices, the coarse habits, and the simple graces of an + early stage of civilisation. At the extreme borders of the confederate + states, upon the confines of society and of the wilderness, a population + of bold adventurers have taken up their abode, who pierce the solitudes of + the American woods, and seek a country there, in order to escape that + poverty which awaited them in their native provinces. As soon as the + pioneer arrives upon the spot which is to serve him for a retreat, he + fells a few trees and builds a log-house. Nothing can offer a more + miserable aspect than these isolated dwellings. The traveller who + approaches one of them toward night-fall, sees the flicker of the + hearth-flame through the chinks in the walls; and at night, if the wind + rises, he hears the roof of boughs shake to and fro in the midst of the + great forest trees. Who would not suppose that this poor hut is the asylum + of rudeness and ignorance? Yet no sort of comparison can be drawn between + the pioneer and the dwelling which shelters him. Everything about him is + primitive and unformed, but he is himself the result of the labor and the + experience of eighteen centuries. He wears the dress, and he speaks the + language of cities; he is acquainted with the past, curious of the future, + and ready for argument upon the present; he is, in short, a highly + civilized being, who consents, for a time, to inhabit the back-woods, and + who penetrates into the wilds of a New World with the Bible, an axe, and a + file of newspapers. + </p> + <p> + It is difficult to imagine the incredible rapidity with which public + opinion circulates in the midst of these deserts.{204} I do not think that + so much intellectual intercourse takes place in the most enlightened and + populous districts of France.{205} It cannot be doubted that in the United + States, the instruction of the people powerfully contributes to the + support of a democratic republic; and such must always be the case, I + believe, where instruction, which awakens the understanding, is not + separated from moral education which amends the heart. But I by no means + exaggerate this benefit, and I am still farther from thinking, as so many + people do think in Europe, that men can be instantaneously made citizens + by teaching them to read and write. True information is mainly derived + from experience, and if the Americans had not been gradually accustomed to + govern themselves, their book-learning would not assist them much at the + present day. + </p> + <p> + I have lived a great deal with the people in the United States, and I + cannot express how much I admire their experience and their good sense. An + American should never be allowed to speak of Europe; for he will then + probably display a vast deal of presumption and very foolish pride. He + will take up with those crude and vague notions which are so useful to the + ignorant all over the world. But if you question him respecting his own + country, the cloud which dimmed his intelligence will immediately + disperse; his language will become as clear and as precise as his + thoughts. He will inform you what his rights are, and by what means he + exercises them; he will be able to point out the customs which obtain in + the political world. You will find that he is well acquainted with the + rules of the administration, and that he is familiar with the mechanism of + the laws. The citizen of the United States does not acquire his practical + science and his positive notions from books; the instruction he has + acquired may have prepared him for receiving those ideas, but it did not + furnish them. The American learns to know the laws by participating in the + act of legislation; and he takes a lesson in the forms of government, from + governing. The great work of society is ever going on beneath his eyes, + and, as it were, under his hands. + </p> + <p> + In the United States politics are the end and aim of education; in Europe + its principal object is to fit men for private life. The interference of + the citizens in public affairs is too rare an occurrence for it to be + anticipated beforehand. Upon casting a glance over society in the two + hemispheres, these differences are indicated even by its external aspect. + </p> + <p> + In Europe, we frequently introduce the ideas and the habits of private + life into public affairs; and as we pass at once from the domestic circle + to the government of the state, we may frequently be heard to discuss the + great interests of society in the same manner in which we converse with + our friends. The Americans, on the other hand, transfuse the habits of + public life into their manners in private; and in their country the jury + is introduced into the games of school-boys, and parliamentary forms are + observed in the order of a feast. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + THE LAWS CONTRIBUTE MORE TO THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC IN + THE UNITED STATES THAN THE PHYSICAL CIRCUMSTANCES OF THE COUNTRY, AND THE + MANNERS MORE THAN THE LAWS. + </p> + <p> + All the Nations of America have a democratic State of Society.—Yet + democratic Institutions subsist only among the Anglo-Americans.—The + Spaniards of South America, equally favored by physical Causes as the + Anglo-Americans, unable to maintain a democratic Republic.—Mexico, + which has adopted the Constitution of the United States, in the same + Predicament.—The Anglo-Americans of the West less able to maintain + it than those of the East.—Reason of these different Results. + </p> + <p> + I have remarked that the maintenance of democratic institutions in the + United States is attributable to the circumstances, the laws, and the + manners of that country.{206} Most Europeans are only acquainted with the + first of these three causes, and they are apt to give it a preponderating + importance which it does not really possess. + </p> + <p> + It is true that the Anglo-Americans settled in the New World in a state of + social equality; the low-born and the noble were not to be found among + them; and professional prejudices were always as entirely unknown as the + prejudices of birth. Thus, as the condition of society was democratic, the + empire of democracy was established without difficulty. But this + circumstance is by no means peculiar to the United States; almost all the + transatlantic colonies were founded by men equal among themselves, or who + became so by inhabiting them. In no one part of the New World have + Europeans been able to create an aristocracy. Nevertheless democratic + institutions prosper nowhere but in the United States. + </p> + <p> + The American Union has no enemies to contend with; it stands in the wilds + like an island in the ocean. But the Spaniards of South America were no + less isolated by nature; yet their position has not relieved them from the + charge of standing armies. They make war upon each other when they have no + foreign enemies to oppose; and the Anglo-American democracy is the only + one which has hitherto been able to maintain itself in peace. + </p> + <p> + The territory of the Union presents a boundless field to human activity, + and inexhaustible materials for industry and labor. The passion of wealth + takes the place of ambition, and the warmth of faction is mitigated by a + sense of prosperity. But in what portion of the globe shall we meet with + more fertile plains, with mightier rivers, or with more unexplored and + inexhaustible riches, than in South America? + </p> + <p> + Nevertheless South America has been unable to maintain democratic + institutions. If the welfare of nations depended on their being placed in + a remote position, with an unbounded space of habitable territory before + them, the Spaniards of South America would have no reason to complain of + their fate. And although they might enjoy less prosperity than the + inhabitants of the United States, their lot might still be such as to + excite the envy of some nations in Europe. There are, however, no nations + upon the face of the earth more miserable than those of South America. + </p> + <p> + Thus, not only are physical causes inadequate to produce results analogous + to those which occur in North America, but they are unable to raise the + population of South America above the level of European states, where they + act in a contrary direction. Physical causes do not therefore affect the + destiny of nations so much as has been supposed. + </p> + <p> + I have met with men in New England who were on the point of leaving a + country, where they might have remained in easy circumstances, to go to + seek their fortunes in the wilds. Not far from that district I found a + French population in Canada, which was closely crowded on a narrow + territory, although the same wilds were at hand; and while the emigrant + from the United States purchased an extensive estate with the earnings of + a short term of labor, the Canadian paid as much for land as he would have + done in France. Nature offers the solitudes of the New World to Europeans; + but they are not always acquainted with the means of turning her gifts to + account. Other peoples of America have the same physical conditions of + prosperity as the Anglo-Americans, but without their laws and their + manners; and these peoples are wretched. The laws and manners of the + Anglo-Americans are therefore that cause of their greatness which is the + object of my inquiry. + </p> + <p> + I am far from supposing that the American laws are preeminently good in + themselves; I do not hold them to be applicable to all democratic peoples; + and several of them seem to me to be dangerous, even in the United States. + Nevertheless, it cannot be denied that the American legislation, taken + collectively, is extremely well adapted to the genius of the people and + the nature of the country which it is intended to govern. The American + laws are therefore good, and to them must be attributed a large portion of + the success which attends the government of democracy in America: but I do + not believe them to be the principal cause of that success; and if they + seem to me to have more influence upon the social happiness of the + Americans than the nature of the country, on the other hand there is + reason to believe that their effect is still inferior to that produced by + the manners of the people. + </p> + <p> + The federal laws undoubtedly constitute the most important part of the + legislation of the United States. Mexico, which is not less fortunately + situated than the Anglo-American Union, has adopted these same laws, but + is unable to accustom itself to the government of democracy. Some other + cause is therefore at work independently of those physical circumstances + and peculiar laws which enable the democracy to rule in the United States. + </p> + <p> + Another still more striking proof may be adduced. Almost all the + inhabitants of the territory of the Union are the descendants of a common + stock; they speak the same language, they worship God in the same manner, + they are affected by the same physical causes, and they obey the same + laws. Whence, then, do their characteristic differences arise? Why, in the + eastern states of the Union, does the republican government display vigor + and regularity, and proceed with mature deliberation? Whence does it + derive the wisdom and durability which mark its acts, while in the western + states, on the contrary, society seems to be ruled by the powers of + chance? There, public business is conducted with an irregularity, and a + passionate and feverish excitement, which does not announce a long or sure + duration. + </p> + <p> + I am no longer comparing the Anglo-American states to foreign nations; but + I am contrasting them with each other, and endeavoring to discover why + they are so unlike. The arguments which are derived from the nature of the + country and the difference of legislation, are here all set aside. + Recourse must be had to some other cause; and what other cause can there + be except the manners of the people? + </p> + <p> + It is in the eastern states that the Anglo-Americans have been longest + accustomed to the government of democracy, and that they have adopted the + habits and conceived the notions most favorable to its maintenance. + Democracy has gradually penetrated into their customs, their opinions, and + the forms of social intercourse; it is to be found in all the details of + daily life equally as in the laws. In the eastern states the instruction + and practical education of the people have been most perfected, and + religion has been most thoroughly amalgamated with liberty. Now these + habits, opinions, customs, and convictions, are precisely the constituent + elements of that which I have denominated manners. + </p> + <p> + In the western states, on the contrary, a portion of the same advantages + is still wanting. Many of the Americans of the west were born in the + woods, and they mix the ideas and the customs of savage life with the + civilisation of their parents. Their passions are more intense; their + religious morality less authoritative; and their convictions are less + secure. The inhabitants exercise no sort of control over their + fellow-citizens, for they are scarcely acquainted with each other. The + nations of the west display, to a certain extent, the inexperience and the + rude habits of a people in its infancy; for although they are composed of + old elements, their assemblage is of recent date. + </p> + <p> + The manners of the Americans of the United States are, then, the real + cause which renders that people the only one of the American nations that + is able to support a democratic government; and it is the influence of + manners which produces the different degrees of order and of prosperity, + that may be distinguished in the several Anglo-American democracies. Thus + the effect which the geographical position of a country may have upon the + duration of democratic institutions is exaggerated in Europe. Too much + importance is attributed to legislation, too little to manners. These + three great causes serve, no doubt, to regulate and direct the American + democracy; but if they were to be classed in their proper order, I should + say that the physical circumstances are less efficient than the laws, and + the laws very subordinate to the manners of the people. I am convinced + that the most advantageous situation and the best possible laws cannot + maintain a constitution in spite of the manners of a country: while the + latter may turn the most unfavorable positions and the worst laws to some + advantage. The importance of manners is a common truth to which study and + experience incessantly direct our attention. It may be regarded as a + central point in the range of human observation, and the common + termination of all inquiry. So seriously do I insist upon this head, that + if I have hitherto failed in making the reader feel the important + influence which I attribute to the practical experience, the habits, the + opinions, in short, to the manners of the Americans, upon the maintenance + of their institutions, I have failed in the principal object of my work. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + WHETHER LAWS AND MANNERS ARE SUFFICIENT TO MAINTAIN DEMOCRATIC + INSTITUTIONS IN OTHER COUNTRIES BESIDE AMERICA. + </p> + <p> + The Anglo-Americans, if transported into Europe, would be obliged to + modify their Laws.—Distinction to be made between democratic + Institutions and American Institutions.—Democratic Laws may be + conceived better than, or at least different from, those which the + American Democracy has adopted.—The Example of America only proves + that it is possible to regulate Democracy by the assistance of Manners and + Legislation. + </p> + <p> + I have asserted that the success of democratic institutions in the United + States is more intimately connected with the laws themselves, and the + manners of the people, than with the nature of the country. But does it + follow that the same causes would of themselves produce the same results, + if they were put into operation elsewhere; and if the country is no + adequate substitute for laws and manners, can laws and manners in their + turn prove a substitute for a country? It will readily be understood that + the necessary elements of a reply to this question are wanting: other + peoples are to be found in the New World beside the Anglo-Americans, and + as these peoples are affected by the same physical circumstances as the + latter, they may fairly be compared together. But there are no nations out + of America which have adopted the same laws and manners, being destitute + of the physical advantages peculiar to the Anglo-Americans. No standard of + comparison therefore exists, and we can only hazard an opinion upon this + subject. + </p> + <p> + It appears to me in the first place, that a careful distinction must be + made between the institutions of the United States and democratic + institutions in general. When I reflect upon the state of Europe, its + mighty nations, its populous cities, its formidable armies, and the + complex nature of its politics, I cannot suppose that even the + Anglo-Americans, if they were transported to our hemisphere, with their + ideas, their religion, and their manners, could exist without considerably + altering their laws. But a democratic nation may be imagined, organized + differently from the American people. It is not impossible to conceive a + government really established upon the will of the majority; but in which + the majority, repressing its natural propensity to equality, should + consent, with a view to the order and the stability of the state, to + invest a family or an individual with all the prerogatives of the + executive. A democratic society might exist, in which the forces of the + nation would be more centralized than they are in the United States; the + people would exercise a less direct and less irresistible influence upon + public affairs, and yet every citizen, invested with certain rights, would + participate, within his sphere, in the conduct of the government. The + observations I made among the Anglo-Americans induce me to believe that + democratic institutions of this kind, prudently introduced into society, + so as gradually to mix with the habits and to be infused with the opinions + of the people, might subsist in other countries beside America. If the + laws of the United States were the only imaginable democratic laws, or the + most perfect which it is possible to conceive, I should admit that the + success of those institutions affords no proof of the success of + democratic institutions in general, in a country less favored by natural + circumstances. But as the laws of America appear to me to be defective in + several respects, and as I can readily imagine others of the same general + nature, the peculiar advantages of that country do not prove that + democratic institutions cannot succeed in a nation less favored by + circumstances, if ruled by better laws. + </p> + <p> + If human nature were different in America from what it is elsewhere; or if + the social condition of the Americans engendered habits and opinions among + them different from those which originate in the same social condition in + the Old World, the American democracies would afford no means of + predicting what may occur in other democracies. If the Americans displayed + the same propensities as all other democratic nations, and if their + legislators had relied upon the nature of the country and the favor of + circumstances to restrain those propensities within due limits, the + prosperity of the United States would be exclusively attributable to + physical causes, and it would afford no encouragement to a people inclined + to imitate their example, without sharing their natural advantages. But + neither of these suppositions is borne out by facts. + </p> + <p> + In America the same passions are to be met with as in Europe; some + originating in human nature, others in the democratic condition of + society. Thus in the United States I found that restlessness of heart + which is natural to men, when all ranks are nearly equal and the chances + of elevation are the same to all. I found the democratic feeling of envy + expressed under a thousand different forms. I remarked that the people + frequently displayed, in the conduct of affairs, a consummate mixture of + ignorance and presumption, and I inferred that, in America, men are liable + to the same failings and the same absurdities as among ourselves. But upon + examining the state of society more attentively, I speedily discovered + that the Americans had made great and successful efforts to counteract + these imperfections of human nature, and to correct the natural defects of + democracy. Their divers municipal laws appeared to me to be a means of + restraining the ambition of the citizens within a narrow sphere, and of + turning those same passions, which might have worked havoc in the state, + to the good of the township or the parish. The American legislators have + succeeded to a certain extent in opposing the notion of rights, to the + feelings of envy; the permanence of the religious world, to the continual + shifting of politics; the experience of the people, to its theoretical + ignorance; and its practical knowledge of business, to the impatience of + its desires. + </p> + <p> + The Americans, then, have not relied upon the nature of their country, to + counterpoise those dangers which originate in their constitution and in + their political laws. To evils which are common to all democratic peoples, + they have applied remedies which none but themselves had ever thought of + before; and although they were the first to make the experiment, they have + succeeded in it. + </p> + <p> + The manners and laws of the Americans are not the only ones which may suit + a democratic people; but the Americans have shown that it would be wrong + to despair of regulating democracy by the aid of manners and of laws. If + other nations should borrow this general and pregnant idea from the + Americans, without however intending to imitate them in the peculiar + application which they have made of it; if they should attempt to fit + themselves for that social condition, which it seems to be the will of + Providence to impose upon the generations of this age, and so to escape + from the despotism of the anarchy which threatens them; what reason is + there to suppose that their efforts would not be crowned with success? The + organization and the establishment of democracy in Christendom, is the + great political problem of the time. The Americans, unquestionably, have + not resolved this problem, but they furnish useful data to those who + undertake the task. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <h3> + IMPORTANCE OF WHAT PRECEDES WITH RESPECT TO THE STATE OF EUROPE. + </h3> + <p> + It may readily be discovered with what intention I undertook the foregoing + inquiries. The question here discussed is interesting not only to the + United States, but to the whole world; it concerns, not a nation, but all + mankind. If those nations whose social condition is democratic could only + remain free as long as they are inhabitants of the wilds, we could not but + despair of the future destiny of the human race; for democracy is rapidly + acquiring a more extended sway, and the wilds are gradually peopled with + men. If it were true that laws and manners are insufficient to maintain + democratic institutions, what refuge would remain open to the nations + except the despotism of a single individual? I am aware that there are + many worthy persons at the present time who are not alarmed at this latter + alternative, and who are so tired of liberty as to be glad of repose, far + from those storms by which it is attended. But these individuals are ill + acquainted with the haven to which they are bound. They are so deluded by + their recollections, as to judge the tendency of absolute power by what it + was formerly, and not what it might become at the present time. + </p> + <p> + If absolute power were re-established among the democratic nations of + Europe, I am persuaded that it would assume a new form, and appear under + features unknown to our forefathers. There was a time in Europe, when the + laws and the consent of the people had invested princes with almost + unlimited authority; but they scarcely ever availed themselves of it. I do + not speak of the prerogatives of the nobility, of the authority of supreme + courts of justice, of corporations and their chartered rights, or of + provincial privileges, which served to break the blows of the sovereign + authority, and to maintain a spirit of resistance in the nation. + Independently of these political institutions—which, however opposed + they might be to personal liberty, served to keep alive the love of + freedom in the mind of the public, and which may be esteemed to have been + useful in this respect—the manners and opinions of the nation + confined the royal authority within barriers which were not less powerful, + although they were less conspicuous. Religion, the affections of the + people, the benevolence of the prince, the sense of honor, family pride, + provincial prejudices, custom, and public opinion, limited the power of + kings, and restrained their authority within an invisible circle. The + constitution of nations was despotic at that time but their manners were + free. Princes had the right, but they had neither the means nor the + desire, of doing whatever they pleased. + </p> + <p> + But what now remains of those barriers which formerly arrested the + aggressions of tyranny? Since religion has lost its empire over the souls + of men, the most prominent boundary which divided good from evil is + overthrown: the very elements of the moral world are indeterminate; the + princes and the peoples of the earth are guided by chance, and none can + define the natural limits of despotism and the bounds of license. Long + revolutions have for ever destroyed the respect which surrounded the + rulers of the state; and since they have been relieved from the burden of + public esteem, princes may henceforward surrender themselves without fear + to the seductions of arbitrary power. + </p> + <p> + When kings find that the hearts of their subjects are turned toward them, + they are clement, because they are conscious of their strength; and they + are chary of the affection of their people, because the affection of their + people is the bulwark of the throne. A mutual interchange of good will + then takes place between the prince and the people, which resembles the + gracious intercourse of domestic society. The subjects may murmur at the + sovereign's decree, but they are grieved to displease him; and the + sovereign chastises his subjects with the light hand of parental + affection. + </p> + <p> + But when once the spell of royalty is broken in the tumult of revolution; + when successive monarchs have occupied the throne, and alternately + displayed to the people the weakness of right, and the harshness of power, + the sovereign is no longer regarded by any as the father of the state, and + he is feared by all as its master. If he be weak, he is despised; if he be + strong, he is detested. He is himself full of animosity and alarm; he + finds that he is a stranger in his own country, and he treats his subjects + like conquered enemies. + </p> + <p> + When the provinces and the towns formed so many different nations in the + midst of their common country, each of them had a will of its own, which + was opposed to the general spirit of subjection; but now that all the + parts of the same empire, after having lost their immunities, their + customs, their prejudices, their traditions, and their names, are + subjected and accustomed to the same laws, it is not more difficult to + oppress them collectively, than it was formerly to oppress them singly. + </p> + <p> + While the nobles enjoyed their power, and indeed long after that power was + lost, the honor of aristocracy conferred an extraordinary degree of force + upon their personal opposition. They afforded instances of men who, + notwithstanding their weakness, still entertained a high opinion of their + personal value, and dared to cope single-handed with the efforts of the + public authority. But at the present day, when all ranks are more and more + confounded, when the individual disappears in the throng, and is easily + lost in the midst of a common obscurity, when the honor of monarchy has + almost lost its empire without being succeeded by public virtue, and when + nothing can enable man to rise above himself, who shall say at what point + the exigencies of power and servility of weakness will stop? + </p> + <p> + As long as family feeling was kept alive, the antagonist of oppression was + never alone; he looked about him, and found his clients, his hereditary + friends, and his kinsfolk. If this support was wanting, he was sustained + by his ancestors and animated by his posterity. But when patrimonial + estates are divided, and when a few years suffice to confound the + distinctions of a race, where can family feeling be found? What force can + there be in the customs of a country which has changed, and is still + perpetually changing its aspect; in which every act of tyranny has a + precedent, and every crime an example; in which there is nothing so old + that its antiquity can save it from destruction, and nothing so + unparalleled that its novelty can prevent it from being done? What + resistance can be offered by manners of so pliant a make, that they have + already often yielded? What strength can even public opinion have + retained, when no twenty persons are connected by a common tie; when not a + man, nor a family, nor chartered corporation, nor class, nor free + institution, has the power of representing that opinion; and when every + citizen—being equally weak, equally poor, and equally dependant—has + only his personal impotence to oppose to the organized force of the + government? + </p> + <p> + The annals of France furnish nothing analogous to the condition in which + that country might then be thrown. But it may more aptly be assimilated to + the times of old, and to those hideous eras of Roman oppression, when the + manners of the people were corrupted, their traditions obliterated, their + habits destroyed, their opinions shaken, and freedom, expelled from the + laws, could find no refuge in the land; when nothing protected the + citizens, and the citizens no longer protected themselves; when human + nature was the sport of man, and princes wearied out the clemency of + Heaven before they exhausted the patience of their subjects. Those who + hope to revive the monarchy of Henry IV. or of Louis XIV., appear to me to + be afflicted with mental blindness; and when I consider the present + condition of several European nations—a condition to which all the + others tend—I am led to believe that they will soon be left with no + other alternative than democratic liberty, or the tyranny of the Caesars. + </p> + <p> + And, indeed, it is deserving of consideration, whether men are to be + entirely emancipated, or entirely enslaved; whether their rights are to be + made equal, or wholly taken away from them. If the rulers of society were + reduced either gradually to raise the crowd to their own level, or to sink + the citizens below that of humanity, would not the doubts of many be + resolved, the consciences of many be healed, and the community be prepared + to make great sacrifices with little difficulty? In that case, the gradual + growth of democratic manners and institutions should be regarded, not as + the best, but as the only means of preserving freedom; and without liking + the government of democracy, it might be adopted as the most applicable + and the fairest remedy for the present ills of society. + </p> + <p> + It is difficult to associate a people in the work of government; but it is + still more difficult to supply it with experience, and to inspire it with + the feelings which it requires in order to govern well. I grant that the + caprices of democracy are perpetual; its instruments are rude, its laws + imperfect. But if it were true that soon no just medium would exist + between the empire of democracy and the dominion of a single arm, should + we not rather incline toward the former, than submit voluntarily to the + latter? And if complete equality be our fate, is it not better to be + levelled by free institutions than by despotic power? + </p> + <p> + Those who, after having read this book, should imagine that my intention + in writing it has been to propose the laws and manners of the + Anglo-Americans for the imitation of all democratic peoples, would commit + a very great mistake; they must have paid more attention to the form than + to the substance of my ideas. My aim has been to show, by the example of + America, that laws, and especially manners, may exist, which will allow a + democratic people to remain free. But I am very far from thinking that we + ought to follow the example of the American democracy, and copy the means + which it has employed to attain its ends; for I am well aware of the + influence which the nature of a country and its political precedents + exercise upon a constitution; and I should regard it as a great misfortune + for mankind, if liberty were to exist, all over the world, under the same + forms. + </p> + <p> + But I am of opinion that if we do not succeed in gradually introducing + democratic institutions into France, and if we despair of imparting to the + citizens those ideas and sentiments which first prepare them for freedom, + and afterward allow them to enjoy it, there will be no independence at + all, either for the middling classes or the nobility, for the poor or for + the rich, but an equal tyranny over all; and I foresee that if the + peaceable empire of the majority be not founded among us in time, we shall + sooner or later arrive at the unlimited authority of a single despot. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {199} The United States have no metropolis; but they already contain + several very large cities. Philadelphia reckoned 161,000 inhabitants, and + New York 202,000, in the year 1830. The lower orders which inhabit these + cities constitute a rabble even more formidable than the populace of + European towns. They consist of freed blacks in the first place, who are + condemned by the laws and by public opinion, to an hereditary state of + misery and degradation. They also contain a multitude of Europeans who + have been driven to the shores of the New World by their misfortunes or + their misconduct; and these men inoculate the United States with all our + vices, without bringing with them any of those interests which counteract + their baneful influence. As inhabitants of a country where they have no + civil rights, they are ready to turn all the passions which agitate the + community to their own advantage; thus, within the last few months serious + riots have broken out in Philadelphia and in New York. Disturbances of + this kind are unknown in the rest of the country, which is nowise alarmed + by them, because the population of the cities has hitherto exercised + neither power nor influence over the rural districts. + </p> + <p> + Nevertheless, I look upon the size of certain American cities, and + especially on the nature of their population, as a real danger which + threatens the future security of the democratic republics of the New + World: and I venture to predict that they will perish from this + circumstance, unless the government succeed in creating an armed force, + which, while it remains under the control of the majority of the nation, + will be independent of the town population, and able to repress its + excesses. + </p> + <p> + {200} In New England the estates are exceedingly small, but they are + rarely subjected to farther division. + </p> + <p> + {201} The New York Spectator of August 23, 1831, relates the fact in the + following terms: "The court of common pleas of Chester county (New York), + a few days since rejected a witness who declared his disbelief in the + existence of God. The presiding judge remarked, that he had not before + been aware that there was a man living who did not believe in the + existence of God; that this belief constituted the sanction of all + testimony in a court of justice; and that he knew of no cause in a + Christian country, where a witness had been permitted to testify without + such belief." + </p> + <p> + {The instance given by the author, of a person offered as a witness having + been rejected on the ground that he did not believe in the existence of a + God, seems to be adduced to prove either his assertion that the Americans + hold religion to be indispensable to the maintenance of republican + institutions—or his assertion, that if a man attacks all the sects + together, every one abandons him and he remains alone. But it is + questionable how far the fact quoted proves either of these positions. The + rule which prescribes as a qualification for a witness the belief in a + Supreme Being who will punish falsehood, without which he is deemed wholly + incompetent to testify, is established for the protection of personal + rights, and not to compel the adoption of any system of religious belief. + It came with all our fundamental principles from England as a part of the + common law which the colonists brought with them. It is supposed to + prevail in every country in Christendom, whatever may be the form of its + government; and the only doubt that arises respecting its existence in + France, is created by our author's apparent surprise at finding such a + rule in America.—<i>American Editor</i>.} + </p> + <p> + {202} Unless this term be applied to the functions which many of them fill + in the schools. Almost all education is intrusted to the clergy. + </p> + <p> + {203} See the constitution of New York, art. 7, § 4:—"And whereas, + the ministers of the gospel are, by their profession, dedicated to the + service of God and the care of souls, and ought not to be diverted from + the great duties of their functions; therefore no minister of the gospel, + or priest of any denomination whatsoever, shall, at any time hereafter, + under any pretence or description whatever, be eligible to, or capable of + holding any civil or military office or place within this state." + </p> + <p> + See also the constitutions of North Carolina, art. 31. Virginia. South + Carolina, art. 1, § 23. Kentucky, art. 2, § 26. Tennessee, art S, § 1. + Louisiana, art. 2, § 22. + </p> + <p> + {204} I travelled along a portion of the frontier of the United States in + a sort of cart which was termed the mail. We passed, day and night, with + great rapidity along roads which were scarcely marked out, through immense + forests: when the gloom of the woods became impenetrable, the coachman + lighted branches of fir and we journied along by the light they cast. From + time to time we came to a hut in the midst of the forest, which was a + postoffice. The mail dropped an enormous bundle of letters at the door of + this isolated dwelling, and we pursued our way at full gallop, leaving the + inhabitants of the neighboring log-houses to send for their share of the + treasure. + </p> + <p> + {205} In 1832, each inhabitant of Michigan paid a sum equivalent to 1 + franc, 22 centimes (French money) to the postoffice revenue; and each + inhabitant of the Floridas paid 1 fr. 5 cent (See National Calendar, 1833, + p. 244.) In the same year each inhabitant of the department du Nord, paid + 1 fr. 4 cent, to the revenue of the French postoffice. (See the Compte + rendu de l'Administration des Finances, 1833, p. 623.) Now the state of + Michigan only contained at that time 7 inhabitants per square league; and + Florida only 5; the instruction and the commercial activity of these + districts are inferior to those of most of the states in the Union; while + the department du Nord, which contains 3,400 inhabitants per square + league, is one of the most enlightened and manufacturing parts of France. + </p> + <p> + {206} I remind the reader of the general signification which I give to the + word <i>manners</i>, namely, the moral and intellectual characteristics of + social man taken collectively. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2HCH0018" id="link2HCH0018"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XVIII. + </h2> + <p> + THE PRESENT AND PROBABLE FUTURE CONDITION OF THE THREE RACES WHICH INHABIT + THE TERRITORY OF THE UNITED STATES. + </p> + <p> + The principal part of the task which I had imposed upon myself is now + performed: I have shown, as far as I was able, the laws and manners of the + American democracy. Here I might stop; but the reader would perhaps feel + that I had not satisfied his expectations. + </p> + <p> + The absolute supremacy of democracy is not all that we meet with in + America; the inhabitants of the New World may be considered from more than + one point of view. In the course of this work, my subject has often led me + to speak of the Indians and the negroes; but I have never been able to + stop in order to show what places these two races occupy, in the midst of + the democratic people whom I was engaged in describing. I have mentioned + in what spirit, and according to what laws, the Anglo-American Union was + formed; but I could only glance at the dangers which menace that + confederation, while it was equally impossible for me to give a detailed + account of its chances of duration, independently of its laws and manners. + When speaking of the United republican States, I hazarded no conjectures + upon the permanence of republican forms in the New World; and when making + frequent allusion to the commercial activity which reigns in the Union, I + was unable to inquire into the future condition of the Americans as a + commercial people. + </p> + <p> + These topics are collaterally connected with my subject, without forming a + part of it; they are American, without being democratic; and to portray + democracy has been my principal aim. It was therefore necessary to + postpone these questions, which I now take up as the proper termination of + my work. + </p> + <p> + The territory now occupied or claimed by the American Union, spreads from + the shores of the Atlantic to those of the Pacific ocean. On the east and + west its limits are those of the continent itself. On the south it + advances nearly to the tropic, and it extends upward to the icy regions of + the north.{207} + </p> + <p> + The human beings who are scattered over this space do not form, as in + Europe, so many branches of the same stock. Three races naturally + distinct, and I might almost say hostile to each other, are discoverable + among them at the first glance. Almost insurmountable barriers had been + raised between them by education and by law, as well as by their origin + and outward characteristics; but fortune has brought them together on the + same soil, where, although they are mixed, they do not amalgamate, and + each race fulfils its destiny apart. + </p> + <p> + Among these widely differing families of men, the first which attracts + attention, the superior in intelligence, in power, and in enjoyment, is + the white or European, the MAN pre-eminent; and in subordinate grades, the + negro and the Indian. These two unhappy races have nothing in common; + neither birth, nor features, nor language, nor habits. Their only + resemblance lies in their misfortunes. Both of them occupy an inferior + rank in the country they inhabit; both suffer from tyranny; and if their + wrongs are not the same, they originate at any rate with the same authors. + </p> + <p> + If we reasoned from what passes in the world, we should almost say that + the European is to the other races of mankind, what man is to the lower + animals;—he makes them subservient to his use; and when he cannot + subdue, he destroys them. Oppression has at one stroke deprived the + descendants of the Africans of almost all the privileges of humanity. The + negro of the United States has lost all remembrance of his country; the + language which his forefathers spoke is never heard around him; he abjured + their religion and forgot their customs when he ceased to belong to + Africa, without acquiring any claim to European privileges. But he remains + half-way between the two communities; sold by the one, repulsed by the + other; finding not a spot in the universe to call by the name of country, + except the faint image of a home which the shelter of his master's roof + affords. + </p> + <p> + The negro has no family; woman is merely the temporary companion of his + pleasures, and his children are upon an equality with himself from the + moment of their birth. Am I to call it a proof of God's mercy, or a + visitation of his wrath, that man in certain states appears to be + insensible to his extreme wretchedness, and almost affects with a depraved + taste the cause of his misfortunes? The negro, who is plunged in this + abyss of evils, scarcely feels his own calamitous situation. Violence made + him a slave, and the habit of servitude gives him the thoughts and desires + of a slave; he admires his tyrants more than he hates them, and finds his + joy and his pride in the servile imitation of those who oppress him: his + understanding is degraded to the level of his soul. + </p> + <p> + The negro enters upon slavery as soon as he is born; nay, he may have been + purchased in the womb, and have begun his slavery before he began his + existence. Equally devoid of wants and of enjoyment, and useless to + himself, he learns, with his first notions of existence, that he is the + property of another who has an interest in preserving his life, and that + the care of it does not devolve upon himself; even the power of thought + appears to him a useless gift of Providence, and he quietly enjoys the + privileges of his debasement. + </p> + <p> + If he becomes free, independence is often felt by him to be a heavier + burden than slavery; for having learned, in the course of his life, to + submit to everything except reason, he is too much unacquainted with her + dictates to obey them. A thousand new desires beset him, and he is + destitute of the knowledge and energy necessary to resist them: these are + masters which it is necessary to contend with, and he has learned only to + submit and obey. In short, he sinks to such a depth of wretchedness, that + while servitude brutalizes, liberty destroys him. + </p> + <p> + Oppression has been no less fatal to the Indian than to the negro race, + but its effects are different. Before the arrival of the white men in the + New World, the inhabitants of North America lived quietly in their woods, + enduring the vicissitudes, and practising the virtues and vices common to + savage nations. The Europeans, having dispersed the Indian tribes and + driven them into the deserts, condemned them to a wandering life full of + inexpressible sufferings. + </p> + <p> + Savage nations are only controlled by opinion and by custom. When the + North American Indians had lost their sentiment of attachment to their + country; when their families were dispersed, their traditions obscured, + and the chain of their recollections broken; when all their habits were + changed, and their wants increased beyond measure, European tyranny + rendered them more disorderly and less civilized than they were before. + The moral and physical condition of these tribes continually grew worse, + and they became more barbarous as they became more wretched. Nevertheless + the Europeans have not been able to metamorphose the character of the + Indians; and though they have had power to destroy them, they have never + been able to make them submit to the rules of civilized society. + </p> + <p> + The lot of the negro is placed on the extreme limit of servitude, while + that of the Indian lies on the utmost verge of liberty; and slavery does + not produce more fatal effects upon the first, than independence upon the + second. The negro has lost all property in his own person, and he cannot + dispose of his existence without committing a sort of fraud: but the + savage is his own master as soon as he is able to act; parental authority + is scarcely known to him; he has never bent his will to that of any of his + kind, or learned the difference between voluntary obedience and a shameful + subjection; and the very name of law is unknown to him. To be free, with + him, signifies to escape from all the shackles of society. As he delights + in this barbarous independence, and would rather perish than sacrifice the + least part of it, civilisation has little power over him. + </p> + <p> + The negro makes a thousand fruitless efforts to insinuate himself among + men who repulse him; he conforms to the taste of his oppressors, adopts + their opinions, and hopes by imitating them to form a part of their + community. Having been told from infancy that his race is naturally + inferior to that of the whites, he assents to the proposition, and is + ashamed of his own nature. In each of his features he discovers a trace of + slavery, and, if it were in his power, he would willingly rid himself of + everything that makes him what he is. + </p> + <p> + The Indian, on the contrary, has his imagination inflated with the + pretended nobility of his origin, and lives and dies in the midst of these + dreams of pride. Far from desiring to conform his habits to ours, he loves + his savage life as the distinguishing mark of his race, and he repels + every advance to civilisation, less perhaps from the hatred which he + entertains for it, than from a dread of resembling the Europeans.{208} + While he has nothing to oppose to our perfection in the arts but the + resources of the desert, to our tactics nothing but undisciplined courage; + while our well-digested plans are met by the spontaneous instincts of + savage life, who can wonder if he fails in this unequal contest? + </p> + <p> + The negro who earnestly desires to mingle his race with that of the + European, cannot effect it; while the Indian, who might succeed to a + certain extent, disdains to make the attempt. The servility of the one + dooms him to slavery, the pride of the other to death. + </p> + <p> + I remember that while I was travelling through the forests which still + cover the state of Alabama, I arrived one day at the log house of a + pioneer. I did not wish to penetrate into the dwelling of the American, + but retired to rest myself for a while on the margin of a spring, which + was not far off, in the woods. While I was in this place (which was in the + neighborhood of the Creek territory), an Indian woman appeared, followed + by a negress, and holding by the hand a little white girl of five or six + years old, whom I took to be the daughter of the pioneer. A sort of + barbarous luxury set off the costume of the Indian; rings of metal were + hanging from her nostrils and ears; her hair, which was adorned with glass + beads, fell loosely upon her shoulders; and I saw that she was not + married, for she still wore the necklace of shells which the bride always + deposits on the nuptial couch. The negress was clad in squalid European + garments. + </p> + <p> + They all three came and seated themselves upon the banks of the fountain; + and the young Indian, taking the child in her arms, lavished upon her such + fond caresses as mothers give; while the negress endeavored by various + little artifices to attract the attention of the young Creole. The child + displayed in her slightest gestures a consciousness of superiority which + formed a strange contrast with her infantine weakness; as if she received + the attentions of her companions with a sort of condescension. + </p> + <p> + The negress was seated on the ground before her mistress, watching her + smallest desires, and apparently divided between strong affection for the + child and servile fear; while the savage displayed, in the midst of her + tenderness, an air of freedom and of pride which was almost ferocious. I + had approached the group, and I contemplated them in silence; but my + curiosity was probably displeasing to the Indian woman, for she suddenly + rose, pushed the child roughly from her, and giving me an angry look, + plunged into the thicket. + </p> + <p> + I had often chanced to see individuals met together in the same place, who + belonged to the three races of men which people North America. I had + perceived from many different results the preponderance of the whites. But + in the picture which I have just been describing there was something + peculiarly touching; a bond of affection here united the oppressors with + the oppressed, and the effort of Nature to bring them together rendered + still more striking the immense distance placed between them by prejudice + and by law. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + THE PRESENT AND PROBABLE FUTURE CONDITION OF THE INDIAN TRIBES WHICH + INHABIT THE TERRITORY POSSESSED BY THE UNION. + </p> + <p> + Gradual disappearance of the native Tribes.—Manner in which it takes + place.—Miseries accompanying the forced Migrations of the Indians.—The + Savages of North America had only two ways of escaping Destruction; War or + Civilisation.—They are no longer able to make War.—Reasons why + they refused to become civilized when it was in their Power, and why they + cannot become so now that they desire it.—Instance of the Creek and + Cherokees.—Policy of the particular States toward these Indians.—Policy + of the federal Government. + </p> + <p> + None of the Indian tribes which formerly inhabited the territory of New + England—the Narragansets, the Mohicans, the Pequots—have any + existence but in the recollection of man. The Lenapes, who received + William Penn a hundred and fifty years ago upon the banks of the Delaware, + have disappeared; and I myself met with the last of the Iroquois, who were + begging alms. The nations I have mentioned formerly covered the country to + the seacoast; but a traveller at the present day must penetrate more than + a hundred leagues into the interior of the continent to find an Indian. + Not only have these wild tribes receded, but they are destroyed;{209} and + as they give way or perish, an immense and increasing people fills their + place. There is no instance on record of so prodigious a growth, or so + rapid a destruction; the manner in which the latter change takes place is + not difficult to describe. + </p> + <p> + When the Indians were the sole inhabitants of the wilds whence they have + been expelled, their wants were few. Their arms were of their own + manufacture, their only drink was the water of the brook, and their + clothes consisted of the skin of animals, whose flesh furnished them with + food. + </p> + <p> + The Europeans introduced among the savages of North America firearms, + ardent spirits, and iron: they taught them to exchange for manufactured + stuffs the rough garments which had previously satisfied their untutored + simplicity. Having acquired new tastes, without the arts by which they + could be gratified, the Indians were obliged to have recourse to the + workmanship of the whites; but in return for their productions, the savage + had nothing to offer except the rich furs which still abounded in his + woods. Hence the chase became necessary, not merely to provide for his + subsistence, but in order to procure the only objects of barter which he + could furnish to Europe.{210} While the wants of the natives were thus + increasing, their resources continued to diminish. From the moment when a + European settlement is formed in the neighborhood of the territory + occupied by the Indians, the beasts of chase take the alarm.{211} + Thousands of savages, wandering in the forest and destitute of any fixed + dwelling, did not disturb them; but as soon as the continuous sounds of + European labor are heard in the neighborhood, they begin to flee away, and + retire to the west, where their instinct teaches them that they will find + deserts of immeasurable extent. "The buffalo is constantly receding", say + Messrs. Clarke and Cass in their Report of the year 1829; "a few years + since they approached the base of the Allegany; and a few years hence they + may even be rare upon the immense plains which extend to the base of the + Rocky mountains." I have been assured that this effect of the approach of + the whites is often felt at two hundred leagues' distance from the + frontier. Their influence is thus exerted over tribes whose name is + unknown to them, and who suffer the evils of usurpation long before they + are acquainted with the authors of their distress.{212} + </p> + <p> + Bold adventurers soon penetrate into the country the Indians have + deserted, and when they have advanced about fifteen or twenty leagues from + the extreme frontiers of the whites, they begin to build habitations for + civilized beings in the midst of the wilderness. This is done without + difficulty, as the territory of a hunting nation is ill defined; it is the + common property of the tribe, and belongs to no one in particular, so that + individual interests are not concerned in the protection of any part of + it. + </p> + <p> + A few European families, settled in different situations at a considerable + distance from each other, soon drive away the wild animals which remain + between their places of abode. The Indians, who had previously lived in a + sort of abundance, then find it difficult to subsist, and still more + difficult to procure the articles of barter which they stand in need of. + </p> + <p> + To drive away their game is to deprive them of the means of existence, as + effectually as if the fields of our agriculturists were stricken with + barrenness; and they are reduced, like famished wolves, to prowl through + the forsaken woods in quest of prey. Their instinctive love of their + country attaches them to the soil which gave them birth,{213} even after + it has ceased to yield anything but misery and death. At length they are + compelled to acquiesce, and to depart: they follow the traces of the elk, + the buffalo, and the beaver, and are guided by those wild animals in the + choice of their future country. Properly speaking, therefore, it is not + the Europeans who drive away the native inhabitants of America; it is + famine which compels them to recede; a happy distinction, which had + escaped the casuists of former times, and for which we are indebted to + modern discovery. + </p> + <p> + It is impossible to conceive the extent of the sufferings which attend + these forced emigrations. They are undertaken by a people already + exhausted and reduced; and the countries to which the new-comers betake + themselves are inhabited by other tribes which receive them with jealous + hostility. Hunger is in the rear; war awaits them, and misery besets them + on all sides. In the hope of escaping from such a host of enemies, they + separate, and each individual endeavors to procure the means of supporting + his existence in solitude and secrecy, living in the immensity of the + desert like an outcast in civilized society. The social tie, which + distress had long since weakened, is then dissolved; they have lost their + country, and their people soon deserts them; their very families are + obliterated; the names they bore in common are forgotten, their language + perishes, and all the traces of their origin disappear. Their nation has + ceased to exist, except in the recollection of the antiquaries of America + and a few of the learned of Europe. + </p> + <p> + I should be sorry to have my reader suppose that I am coloring the picture + too highly: I saw with my own eyes several of the cases of misery which I + have been describing; and I was the witness of sufferings which I have not + the power to portray. + </p> + <p> + At the end of the year 1831, while I was on the left bank of the + Mississippi, at a place named by Europeans Memphis, there arrived a + numerous band of Choctaws (or Chactas, as they are called by the French in + Louisiana). These savages had left their country, and were endeavoring to + gain the right bank of the Mississippi, where they hoped to find an asylum + which had been promised them by the American government. It was then in + the middle of winter, and the cold was unusually severe; the snow had + frozen hard upon the ground, and the river was drifting huge masses of + ice. The Indians had their families with them; and they brought in their + train the wounded and the sick, with children newly born, and old men upon + the verge of death. They possessed neither tents nor wagons, but only + their arms and some provisions. I saw them embark to pass the mighty + river, and never will that solemn spectacle fade from my remembrance. No + cry, no sob was heard among the assembled crowd: all were silent. Their + calamities were of ancient date, and they knew them to be irremediable. + The Indians had all stepped into the bark which was to carry them across, + but their dogs remained upon the bank. As soon as these animals perceived + that their masters were finally leaving the shore, they set up a dismal + howl, and plunging all together into the icy waters of the Mississippi, + they swam after the boat. + </p> + <p> + The ejectment of the Indians very often takes place at the present day, in + a regular, and, as it were, a legal manner. When the European population + begins to approach the limit of the desert inhabited by a savage tribe, + the government of the United States usually despatches envoys to them, who + assemble the Indians in a large plain, and having first eaten and drunk + with them, accost them in the following manner: "What have you to do in + the land of your fathers? Before long you must dig up their bones in order + to live. In what respect is the country you inhabit better than another? + Are there no woods, marshes, or prairies, except where you dwell? And can + you live nowhere but under your own sun? Beyond those mountains which you + see at the horizon, beyond the lake which bounds your territory on the + west, there lie vast countries where beasts of chase are found in great + abundance; sell your land to us, and go to live happily in those + solitudes." After holding this language, they spread before the eyes of + the Indians fire-arms, woollen garments, kegs of brandy, glass necklaces, + bracelets of tinsel, ear-rings, and looking-glasses.{214} If, when they + have beheld all these riches, they still hesitate, it is insinuated that + they have not the means of refusing their required consent, and that the + government itself will not long have the power of protecting them in their + rights. What are they to do? Half convinced and half compelled, they go to + inhabit new deserts, where the importunate whites will not let them remain + ten years in tranquillity. In this manner do the Americans obtain at a + very low price whole provinces, which the richest sovereigns of Europe + could not purchase.{215} + </p> + <p> + These are great evils, and it must be added that they appear to me to be + irremediable. I believe that the Indian nations of North America are + doomed to perish: and that whenever the Europeans shall be established on + the shores of the Pacific ocean, that race of men will be no more.{216} + The Indians had only the two alternatives of war or civilization; in other + words, they must either have destroyed the Europeans or become their + equals. + </p> + <p> + At the first settlement of the colonies they might have found it possible, + by uniting their forces, to deliver themselves from the small bodies of + strangers who landed on their continent.{217} They several times attempted + to do it, and were on the point of succeeding; but the disproportion of + their resources, at the present day, when compared with those of the + whites, is too great to allow such an enterprise to be thought of. + Nevertheless, there do arise from time to time among the Indians men of + penetration, who foresee the final destiny which awaits the native + population, and who exert themselves to unite all the tribes in common + hostility to the Europeans; but their efforts are unavailing. Those tribes + which are in the neighborhood of the whites are too much weakened to offer + an effectual resistance; while the others, giving way to that childish + carelessness of the morrow which characterizes savage life, wait for the + near approach of danger before they prepare to meet it: some are unable, + the others are unwilling to exert themselves. + </p> + <p> + It is easy to foresee that the Indians will never conform to civilisation; + or that it will be too late, whenever they may be inclined to make the + experiment. + </p> + <p> + Civilisation is the result of long social process which takes place in the + same spot, and is handed down from one generation to another, each one + profiting by the experience of the last. Of all nations, those submit to + civilisation with the most difficulty, which habitually live by the chase. + Pastoral tribes, indeed, often change their place of abode; but they + follow in regular order in their migrations, and often return again to + their old stations, while the dwelling of the hunter varies with that of + the animals he pursues. + </p> + <p> + Several attempts have been made to diffuse knowledge among the Indians, + without controlling their wandering propensities; by the Jesuits in + Canada, and by the puritans in New England;{218} but none of these + endeavors were crowned by any lasting success. Civilisation began in the + cabin, but it soon retired to expire in the woods; the great error of + these legislators of the Indians was their not understanding, that in + order to succeed in civilizing a people, it is first necessary to fix it; + which cannot be done without inducing it to cultivate the soil: the + Indians ought in the first place to have been accustomed to agriculture. + But not only are they destitute of this indispensable preliminary to + civilisation, they would even have great difficulty in acquiring it. Men + who have once abandoned themselves to the restless and adventurous life of + the hunter, feel an insurmountable disgust for the constant and regular + labor which tillage requires. We see this proved in the bosom of our own + society; but it is far more visible among peoples whose partiality for the + chase is a part of their natural character. + </p> + <p> + Independently of this general difficulty, there is another, which applies + peculiarly to the Indians; they consider labor not merely as an evil, but + as a disgrace; so that their pride prevents them from becoming civilized, + as much as their indolence.{219} + </p> + <p> + There is no Indian so wretched as not to retain, under his hut of bark, a + lofty idea of his personal worth; he considers the cares of industry and + labor as degrading occupations, he compares the husbandman to the ox which + traces the furrow; and even in our most ingenious handicraft, he can see + nothing but the labor of slaves. Not that he is devoid of admiration for + the power and intellectual greatness of the whites; but although the + result of our efforts surprises him, he contemns the means by which we + obtain it; and while he acknowledges our ascendency, he still believes in + his superiority. War and hunting are the only pursuits which appear to him + worthy to be the occupations of a man.{220} The Indian, in the dreary + solitude of his woods, cherishes the same ideas, the same opinions, as the + noble of the middle ages in his castle, and he only requires to become a + conqueror to complete the resemblance; thus, however strange it may seem, + it is in the forests of the New World, and not among the Europeans who + people its coasts, that the ancient prejudices of Europe are still in + existence. + </p> + <p> + More than once, in the course of this work, I have endeavored to explain + the prodigious influence which the social condition appears to exercise + upon the laws and the manners of men; and I beg to add a few words on the + same subject. When I perceive the resemblance which exists between the + political institutions of our ancestors, the Germans, and of the wandering + tribes of North America: between the customs described by Tacitus, and + those of which I have sometimes been a witness, I cannot help thinking + that the same cause has brought about the same results in both + hemispheres; and that in the midst of the apparent diversity of human + affairs, a certain number of primary facts may be discovered, from which + all the others are derived. In what we usually call the German + institutions, then, I am inclined only to perceive barbarian habits; and + the opinions of savages, in what we style feudal principles. + </p> + <p> + However strongly the vices and prejudices of the North American Indians + may be opposed to their becoming agricultural and civilized, necessity + sometimes obliges them to it. Several of the southern nations, and among + them the Cherokees and the Creeks,{221} were surrounded by Europeans, who + had landed on the shores of the Atlantic, and who, either descending the + Ohio or proceeding up the Mississippi, arrived simultaneously upon their + borders. These tribes have not been driven from place to place, like their + northern brethren; but they have been gradually enclosed within narrow + limits, like the game within the thicket before the huntsmen plunge into + the interior. The Indians, who were thus placed between civilisation and + death, found themselves obliged to live by ignominious labor like the + whites. They took to agriculture, and without entirely forsaking their old + habits or manners, sacrificed only as much as was necessary to their + existence. + </p> + <p> + The Cherokees went further; they created a written language; established a + permanent form of government; and as everything proceeds rapidly in the + New World, before they had all of them clothes, they set up a + newspaper.{222} + </p> + <p> + The growth of European habits has been remarkably accelerated among these + Indians by the mixed race which has sprung up{223}: Deriving intelligence + from the father's side, without entirely losing the savage customs of the + mother, the half-blood forms the natural link between civilisation and + barbarism. Wherever this race has multiplied, the savage state has become + modified, and a great change has taken place in the manners of the + people.{224} + </p> + <p> + The success of the Cherokees proves that the Indians are capable of + civilisation, but it does not prove that they will succeed in it. The + difficulty which the Indians find in submitting to civilisation proceeds + from the influence of a general cause, which it is almost impossible for + them to escape. An attentive survey of history demonstrates that, in + general, barbarous nations have raised themselves to civilisation by + degrees, and by their own efforts. Whenever they derived knowledge from a + foreign people, they stood toward it in the relation of conquerors, not of + a conquered nation. When the conquered nation is enlightened, and the + conquerors are half savage, as in the case of the invasion of Rome by the + northern nations, or that of China by the Moguls, the power which victory + bestows upon the barbarian is sufficient to keep up his importance among + civilized men, and permit him to rank as their equal, until he becomes + their rival: the one has might on his side, the other has intelligence; + the former admires the knowledge and the arts of the conquered, the latter + envies the power of the conquerors. The barbarians at length admit + civilized man into their palaces, and he in turn opens his schools to the + barbarians. But when the side on which the physical force lies, also + possesses an intellectual preponderance, the conquered party seldom + becomes civilized; it retreats, or is destroyed. It may therefore be said, + in a general way, that savages go forth in arms to seek knowledge, but + that they do not receive it when it comes to them. + </p> + <p> + If the Indian tribes which now inhabit the heart of the continent could + summon up energy enough to attempt to civilize themselves, they might + possibly succeed. Superior already to the barbarous nations which surround + them, they would gradually gain strength and experience; and when the + Europeans should appear upon their borders, they would be in a state, if + not to maintain their independence, at least to assert their right to the + soil, and to incorporate themselves with the conquerors. But it is the + misfortune of Indians to be brought into contact with a civilized people, + which is also (it may be owned) the most avaricious nation on the globe, + while they are still semi-barbarian: to find despots in their instructors, + and to receive knowledge from the hand of oppression. Living in the + freedom of the woods, the North American Indian was destitute, but he had + no feeling of inferiority toward any one; as soon, however, as he desires + to penetrate into the social scale of the whites, he takes the lowest rank + in society, for he enters ignorant and poor within the pale of science and + wealth. After having led a life of agitation, beset with evils and + dangers, but at the same time filled with proud emotions,{225} he is + obliged to submit to a wearisome, obscure, and degraded state, and to gain + the bread which nourishes him by hard and ignoble labor; such are in his + eyes the only results of which civilisation can boast: and even this much + he is not sure to obtain. + </p> + <p> + When the Indians undertake to imitate their European neighbors, and to + till the earth like the settlers, they are immediately exposed to a very + formidable competition. The white man is skilled in the craft of + agriculture; the Indian is a rough beginner in an art with which he is + unacquainted. The former reaps abundant crops without difficulty, the + latter meets with a thousand obstacles in raising the fruits of the earth. + </p> + <p> + The European is placed among a population whose wants he knows and + partakes. The savage is isolated in the midst of a hostile people, with + whose manners, language and laws, he is imperfectly acquainted, but + without whose assistance he cannot live. He can only procure the materials + of comfort by bartering his commodities against the goods of the European, + for the assistance of his countrymen is wholly insufficient to supply his + wants. When the Indian wishes to sell the produce of his labor, he cannot + always meet with a purchaser, while the European readily finds a market; + and the former can only produce at a considerable cost, that which the + latter vends at a very low rate. Thus the Indian has no sooner escaped + those evils to which barbarous nations are exposed, than he is subjected + to the still greater miseries of civilized communities; and he finds it + scarcely less difficult to live in the midst of our abundance, than in the + depth of his own wilderness. + </p> + <p> + He has not yet lost the habits of his erratic life; the traditions of his + fathers and his passion for the chase are still alive within him. The wild + enjoyments which formerly animated him in the woods painfully excite his + troubled imagination; and his former privations appear to be less keen, + his former perils less appalling. He contrasts the independence which he + possessed among his equals with the servile position which he occupies in + civilized society. On the other hand, the solitudes which were so long his + free home are still at hand; a few hours' march will bring him back to + them once more. The whites offer him a sum, which seems to him to be + considerable, for the ground which he has begun to clear. This money of + the Europeans may possibly furnish him with the means of a happy and + peaceful subsistence in remote regions; and he quits the plough, resumes + his native arms, and returns to the wilderness for ever.{226} The + condition of the Creeks and Cherokees, to which I have already alluded, + sufficiently corroborates the truth of this deplorable picture. + </p> + <p> + The Indians, in the little which they have done, have unquestionably + displayed as much natural genius as the peoples of Europe in their most + important designs; but nations as well as men require time to learn, + whatever may be their intelligence and their zeal. While the savages were + engaged in the work of civilisation, the Europeans continued to surround + them on every side, and to confine them within narrower limits; the two + races gradually met, and they are now in immediate juxtaposition to each + other. The Indian is already superior to his barbarous parent, but he is + still very far below his white neighbor. With their resources and acquired + knowledge, the Europeans soon appropriated to themselves most of the + advantages which the natives might have derived from the possession of the + soil: they have settled in the country, they have purchased land at a very + low rate or have occupied it by force, and the Indians have been ruined by + a competition which they had not the means of resisting. They were + isolated in their own country, and their race only constituted a colony of + troublesome aliens in the midst of a numerous and domineering people.{227} + </p> + <p> + Washington said in one of his messages to congress, "We are more + enlightened and powerful than the Indian nations, we are therefore bound + in honor to treat them with kindness and even with generosity." But this + virtuous and high-minded policy has not been followed. The rapacity of the + settlers is usually backed by the tyranny of the government. Although the + Cherokees and the Creeks are established upon the territory which they + inhabited before the settlement of the Europeans, and although the + Americans have frequently treated with them as with foreign nations, the + surrounding states have not consented to acknowledge them as an + independent people, and attempts have been made to subject these children + of the woods to Anglo-American magistrates, laws, and customs.{228} + Destitution had driven these unfortunate Indians to civilisation, and + oppression now drives them back to their former condition; many of them + abandon the soil which they had begun to clear, and return to their savage + course of life. + </p> + <p> + If we consider the tyrannical measures which have been adopted by the + legislatures of the southern states, the conduct of their governors, and + the decrees of their courts of justice, we shall be convinced that the + entire expulsion of the Indians is the final result to which the efforts + of their policy are directed. The Americans of that part of the Union look + with jealousy upon the aborigines,{229} they are aware that these tribes + have not yet lost the traditions of savage life, and before civilisation + has permanently fixed them to the soil, it is intended to force them to + recede by reducing them to despair. The Creeks and Cherokees, oppressed by + the several states, have appealed to the central government, which is by + no means insensible to their misfortunes, and is sincerely desirous of + saving the remnant of the natives, and of maintaining them in the free + possession of that territory which the Union is pledged to respect.{230} + But the several states oppose so formidable a resistance to the execution + of this design, that the government is obliged to consent to the + extirpation of a few barbarous tribes in order not to endanger the safety + of the American Union. + </p> + <p> + But the federal government, which is not able to protect the Indians, + would fain mitigate the hardships of their lot; and, with this intention, + proposals have been made to transport them into more remote regions at the + public cost. + </p> + <p> + Between the 33d and 37th degrees of north latitude, a vast tract of + country lies, which has taken the name of Arkansas, from the principal + river that waters its extent. It is bounded on the one side by the + confines of Mexico, on the other by the Mississippi. Numberless streams + cross it in every direction; the climate is mild, and the soil productive, + but it is only inhabited by a few wandering hordes of savages. The + government of the Union wishes to transport the broken remnants of the + indigenous population of the south, to the portion of this country which + is nearest to Mexico, and at a great distance from the American + settlements. + </p> + <p> + We were assured, toward the end of the year 1831, that 10,000 Indians had + already gone to the shores of the Arkansas; and fresh detachments were + constantly following them; but congress has been unable to excite a + unanimous determination in those whom it is disposed to protect. Some, + indeed, are willing to quit the seat of oppression, but the most + enlightened members of the community refuse to abandon their recent + dwellings and the springing crops; they are of opinion that the work of + civilisation, once interrupted, will never be resumed; they fear that + those domestic habits which have been so recently contracted, may be + irrecoverably lost in the midst of a country which is still barbarous, and + where nothing is prepared for the subsistence of an agricultural people; + they know that their entrance into those wilds will be opposed by inimical + hordes, and that they have lost the energy of barbarians, without + acquiring the resources of civilisation to resist their attacks. Moreover + the Indians readily discover that the settlement which is proposed to them + is merely a temporary expedient. Who can assure them that they will at + length be allowed to dwell in peace in their new retreat? The United + States pledge themselves to the observance of the obligation; but the + territory which they at present occupy was formerly secured to them by the + most solemn oaths of Anglo-American faith.{231} The American government + does not indeed rob them of their lands, but it allows perpetual + incursions to be made on them. In a few years the same white population + which now flocks around them, will track them to the solitudes of the + Arkansas, they will then be exposed to the same evils without the same + remedies; and as the limits of the earth will at last fail them, their + only refuge is the grave. + </p> + <p> + The Union treats the Indians with less cupidity and rigor than the policy + of the several states, but the two governments are alike destitute of good + faith. The states extend what they are pleased to term the benefits of + their laws to the Indians, with a belief that the tribes will recede + rather than submit; and the central government, which promises a permanent + refuge to these unhappy beings, is well aware of its inability to secure + it to them.{232} + </p> + <p> + Thus the tyranny of the states obliges the savages to retire, the Union, + by its promises and resources facilitates their retreat; and these + measures tend to precisely the same end.{233} "By the will of our Father + in heaven, the governor of the whole world," said the Cherokees in their + petition to congress,{234} "the red man of America has become small, and + the white man great and renowned. When the ancestors of the people of + these United States first came to the shores of America, they found the + red man strong: though he was ignorant and savage, yet he received them + kindly, and gave them dry land to rest their weary feet. They met in + peace, and shook hands in token of friendship. Whatever the white man + wanted and asked of the Indian, the latter willingly gave. At that time + the Indian was the lord, and the white man the suppliant. But now the + scene has changed. The strength of the red man has become weakness. As his + neighbors increased in numbers, his power became less and less, and now, + of the many and powerful tribes who once covered the United States, only a + few are to be seen—a few whom a sweeping pestilence had left. The + northern tribes, who were once so numerous and powerful, are now nearly + extinct. Thus it has happened to the red man of America. Shall we, who are + remnants, share the same fate? + </p> + <p> + "The land on which we stand we have received as an inheritance from our + fathers who possessed it from time immemorial, as a gift from our common + Father in heaven. They bequeathed it to us as their children, and we have + sacredly kept it, as containing their remains. This right of inheritance + we have never ceded, nor ever forfeited. Permit us to ask what better + right can the people have to a country than the right of inheritance and + immemorial peaceable possession? We know it is said of late by the state + of Georgia and by the executive of the United States, that we have + forfeited this right; but we think it is said gratuitously. At what time + have we made the forfeit? What great crime have we committed, whereby we + must for ever be divested of our country and rights? Was it when we were + hostile to the United States, and took part with the king of Great + Britain, during the struggle for independence? If so, why was not this + forfeiture declared in the first treaty which followed that war? Why was + not such an article as the following inserted in the treaty: 'The United + States give peace to the Cherokees, but for the part they took in the last + war, declare them to be but tenants at will, to be removed when the + convenience of the states, within whose chartered limits they live, shall + require it?' That was the proper time to assume such a possession. But it + was not thought of, nor would our forefathers have agreed to any treaty, + whose tendency was to deprive them of their rights and their country." + </p> + <p> + Such is the language of the Indians: their assertions are true, their + forebodings inevitable. From whichever side we consider the destinies of + the aborigines of North America, their calamities appear to be + irremediable: if they continue barbarous, they are forced to retire: if + they attempt to civilize their manners, the contact of a more civilized + community subjects them to oppression and destitution. They perish if they + continue to wander from waste to waste, and if they attempt to settle, + they still must perish; the assistance of Europeans is necessary to + instruct them, but the approach of Europeans corrupts and repels them into + savage life; they refuse to change their habits as long as their solitudes + are their own, and it is too late to change them when they are constrained + to submit. + </p> + <p> + The Spaniards pursued the Indians with blood-hounds, like wild beasts; and + they sacked the New World with no more temper or compassion than a city + taken by storm: but destruction must cease, and phrensy be stayed; the + remnant of the Indian population, which had escaped the massacre, mixed + with its conquerors and adopted their religion and manners.{235} The + conduct of the Americans of the United States towards the aborigines is + characterized, on the other hand, by a singular attachment to the + formalities of law. Provided that the Indians retain their barbarous + condition, the Americans take no part in their affairs: they treat them as + independent nations, and do not possess themselves of their hunting + grounds without a treaty of purchase; and if an Indian nation happens to + be so encroached upon as to be unable to subsist upon its territory, they + afford it brotherly assistance in transporting it to a grave sufficiently + remote from the land of its fathers. + </p> + <p> + The Spaniards were unable to exterminate the Indian race by those + unparalleled atrocities which brand them with indelible shame, nor did + they even succeed in wholly depriving it of its rights; but the Americans + of the United States have accomplished this twofold purpose with singular + felicity; tranquilly, legally, philanthropically, without shedding blood, + and without violating a single great principle of morality in the eyes of + the world.{236} It is impossible to destroy men with more respect for the + laws of humanity. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + SITUATION OF THE BLACK POPULATION IN THE UNITED STATES, AND DANGERS WITH + WHICH ITS PRESENCE THREATENS THE WHITES. + </p> + <p> + Why it is more difficult to abolish Slavery, and to efface all Vestiges of + it among the Moderns, than it was among the Ancients.—In the United + States the prejudices of the Whites against the Blacks seem to increase in + Proportion as Slavery is abolished.—Situation of the Negroes in the + Northern and Southern States.—Why the Americans abolish Slavery.—Servitude, + which debases the Slave, impoverishes the Master.—Contrast between + the left and the right Bank of the Ohio.—To what attributable.—The + black Race, as well as Slavery, recedes toward the South.—Explanation + of this fact.—Difficulties attendant upon the Abolition of Slavery + in the South.—Dangers to come.—General Anxiety.—Foundation + of a black Colony in Africa.—Why the Americans of the South increase + the Hardships of Slavery, while they are distressed at its Continuance. + </p> + <p> + The Indians will perish in the same isolated condition in which they have + lived; but the destiny of the negroes is in some measure interwoven with + that of the Europeans. These two races are attached to each other without + intermingling; and they are alike unable entirely to separate or to + combine. The most formidable of all the ills which threaten the future + existence of the United States, arises from the presence of a black + population upon its territory; and in contemplating the causes of the + present embarrassments or of the future dangers of the United States, the + observer is invariably led to consider this as a primary fact. + </p> + <p> + The permanent evils to which mankind is subjected are usually produced by + the vehement or the increasing efforts of men; but there is one calamity + which penetrated furtively into the world, and which was at first scarcely + distinguishable amid the ordinary abuses of power: it originated with an + individual whose name history has not preserved; it was wafted like some + accursed germ upon a portion of the soil, but it afterward nurtured + itself, grew without effort, and spreads naturally with the society to + which it belongs. I need scarcely add that this calamity is slavery. + Christianity suppressed slavery, but the Christians of the sixteenth + century re-established it—as an exception, indeed, to their social + system, and restricted to one of the races of mankind; but the wound thus + inflicted upon humanity, though less extensive, was at the same time + rendered far more difficult of cure. + </p> + <p> + It is important to make an accurate distinction between slavery itself and + its consequences. The immediate evils which are produced by slavery were + very nearly the same in antiquity as they are among the moderns; but the + consequences of these evils were different. The slave, among the ancients, + belonged to the same race as his master, and he was often the superior of + the two in education{237} and instruction. Freedom was the only + distinction between them; and when freedom was conferred, they were easily + confounded together. The ancients, then, had a very simple means of + avoiding slavery and its evil consequences, which was that of + enfranchisement; and they succeeded as soon as they adopted this measure + generally. Not but, in ancient states, the vestiges of servitude subsisted + for some time after servitude was abolished. There is a natural prejudice + which prompts men to despise whomsoever has been their inferior, long + after he has become their equal; and the real inequality which is produced + by fortune or by law, is always succeeded by an imaginary inequality which + is implanted in the manners of the people. Nevertheless, this secondary + consequence of slavery was limited to a certain term among the ancients; + for the freedman bore so entire a resemblance to those born free, that it + soon became impossible to distinguish him from among them. + </p> + <p> + The greatest difficulty in antiquity was that of altering the law; among + the moderns it is of altering the manners; and, as far as we are + concerned, the real obstacles begin where those of the ancients left off. + This arises from the circumstance that, among the moderns, the abstract + and transient fact of slavery is fatally united to the physical and + permanent fact of color. The tradition of slavery dishonors the race, and + the peculiarity of the race perpetuates the tradition of slavery. No + African has ever voluntarily emigrated to the shores of the New World; + whence it must be inferred, that all the blacks who are now to be found in + that hemisphere are either slaves or freedmen. Thus the negro transmits + the eternal mark of his ignominy to all his descendants; and although the + law may abolish slavery, God alone can obliterate the traces of its + existence. + </p> + <p> + The modern slave differs from his master not only in his condition, but in + his origin. You may set the negro free, but you cannot make him otherwise + than an alien to the European. Nor is this all; we scarcely acknowledge + the common features of mankind in this child of debasement whom slavery + has brought among us. His physiognomy is to our eyes hideous, his + understanding weak, his tastes low; and we are almost inclined to look + upon him as a being intermediate between man and the brutes.{238} The + moderns, then, after they have abolished slavery, have three prejudices to + contend against, which are less easy to attack, and far less easy to + conquer, than the mere fact of servitude: the prejudice of the master, the + prejudice of the race, and the prejudice of color. + </p> + <p> + It is difficult for us, who have had the good fortune to be born among men + like ourselves by nature, and equal to ourselves by law, to conceive the + irreconcilable differences which separate the negro from the European in + America. But we may derive some faint notion of them from analogy. France + was formerly a country in which numerous distinctions of rank existed, + that had been created by the legislation. Nothing can be more fictitious + than a purely legal inferiority; nothing more contrary to the instinct of + mankind than these permanent divisions which had been established between + beings evidently similar. Nevertheless these divisions subsisted for ages; + they still subsist in many places; and on all sides they have left + imaginary vestiges, which time alone can efface. If it be so difficult to + root out an inequality which solely originates in the law, how are those + distinctions to be destroyed which seem to be founded upon the immutable + laws of nature herself? When I remember the extreme difficulty with which + aristocratic bodies, of whatever nature they may be, are commingled with + the mass of the people; and the exceeding care which they take to preserve + the ideal boundaries of their caste inviolate, I despair of seeing an + aristocracy disappear which is founded upon visible and indelible signs. + Those who hope that the Europeans will ever mix with the negroes, appear + to me to delude themselves; and I am not led to any such conclusion by my + own reason, or by the evidence of facts. + </p> + <p> + Hitherto, wherever the whites have been the most powerful, they have + maintained the blacks in a subordinate or a servile position; wherever the + negroes have been strongest, they have destroyed the whites; such has been + the only course of events which has ever taken place between the two + races. + </p> + <p> + I see that in a certain portion of the territory of the United States at + the present day, the legal barrier which separated the two races is + tending to fall away, but not that which exists in the manners of the + country; slavery recedes, but the prejudice to which it has given birth + remains stationary. Whosoever has inhabited the United States, must have + perceived, that in those parts of the Union in which the negroes are no + longer slaves, they have in nowise drawn nearer to the whites. On the + contrary, the prejudice of the race appears to be stronger in the states + which have abolished slavery, than in those where it still exists; and + nowhere is it so intolerant as in those states where servitude has never + been known. + </p> + <p> + It is true, that in the north of the Union, marriages may be legally + contracted between negroes and whites, but public opinion would stigmatize + a man who should connect himself with a negress as infamous, and it would + be difficult to meet with a single instance of such a union. The electoral + franchise has been conferred upon the negroes in almost all the States in + which slavery has been abolished; but if they come forward to vote, their + lives are in danger. If oppressed, they may bring an action at law, but + they will find none but whites among their judges; and although they may + legally serve as jurors, prejudice repulses them from that office. The + same schools do not receive the child of the black and of the European. In + the theatres, gold cannot procure a seat for the servile race beside their + former masters; in the hospitals they lie apart; and although they are + allowed to invoke the same Divinity as the whites, it must be at a + different altar, and in their own churches, with their own clergy. The + gates of heaven are not closed against these unhappy beings; but their + inferiority is continued to the very confines of the other world. When the + negro is defunct, his bones are cast aside, and the distinction of + condition prevails even in the equality of death. The negro is free, but + he can share neither the rights, nor the pleasure, nor the labor, nor the + afflictions, nor the tomb of him whose equal he has been declared to be; + and he cannot meet him upon fair terms in life or in death. + </p> + <p> + In the south, where slavery still exists, the negroes are less carefully + kept apart; they sometimes share the labor and the recreations of the + whites; the whites consent to intermix with them to a certain extent, and + although the legislation treats them more harshly, the habits of the + people are more tolerant and compassionate. In the south the master is not + afraid to raise his slave to his own standing, because he knows that he + can in a moment reduce him to the dust at pleasure. In the north, the + white no longer distinctly perceives the barrier which separates him from + the degraded race, and he shuns the negro with the more pertinacity, + because he fears lest they should be some day confounded together. + </p> + <p> + Among the Americans of the south, nature sometimes reasserts her rights, + and restores a transient equality between the blacks and the whites; but + in the north, pride restrains the most imperious of human passions. The + American of the northern states would perhaps allow the negress to share + his licentious pleasures, if the laws of his country did not declare that + she may aspire to be the legitimate partner of his bed; but he recoils + with horror from her who might become his wife. + </p> + <p> + Thus it is, in the United States, that the prejudice which repels the + negroes seems to increase in proportion as they are emancipated, and + inequality is sanctioned by the manners while it is effaced from the laws + of the country. But if the relative position of the two races which + inhabit the United States, is such as I have described, it may be asked + why the Americans have abolished slavery in the north of the Union, why + they maintain it in the south, and why they aggravate its hardships there? + The answer is easily given. It is not for the good of the negroes, but for + that of the whites, that measures are taken to abolish slavery in the + United States. + </p> + <p> + The first negroes were imported into Virginia about the year 1621.{239} In + America, therefore, as well as in the rest of the globe, slavery + originated in the south. Thence it spread from one settlement to another; + but the number of slaves diminished toward the northern states, and the + negro population was always very limited in New England.{240} + </p> + <p> + A century had scarcely elapsed since the foundation of the colonies, when + the attention of the planters was struck by the extraordinary fact, that + the provinces which were comparatively destitute of slaves, increased in + population, in wealth, and in prosperity, more rapidly than those which + contained the greatest number of negroes. In the former, however, the + inhabitants were obliged to cultivate the soil themselves, or by hired + laborers; in the latter, they were furnished with hands for which they + paid no wages; yet, although labor and expense were on the one side, and + ease with economy on the other, the former were in possession of the most + advantageous system. This consequence seemed to be the more difficult to + explain, since the settlers, who all belonged to the same European race, + had the same habits, the same civilisation, the same laws, and their + shades of difference were extremely slight. + </p> + <p> + Time, however, continued to advance; and the Anglo Americans, spreading + beyond the coasts of the Atlantic ocean, penetrated farther and farther + into the solitudes of the west; they met with a new soil and an unwonted + climate; the obstacles which opposed them were of the most various + character; their races intermingled, the inhabitants of the south went up + toward the north, those of the north descended to the south; but in the + midst of all these causes, the same result recurred at every step; and in + general, the colonies in which there were no slaves became more populous + and more rich than those in which slavery flourished. The more progress + was made, the more was it shown that slavery, which is so cruel to the + slave, is prejudicial to the master. + </p> + <p> + But this truth was most satisfactorily demonstrated when civilisation + reached the banks of the Ohio. The stream which the Indians had + distinguished by the name of Ohio, or Beautiful river, waters one of the + most magnificent valleys which have ever been made the abode of man. + Undulating lands extend upon both shores of the Ohio, whose soil affords + inexhaustible treasures to the laborer; on either bank the air is + wholesome and the climate mild; and each of them forms the extreme + frontier of a vast state: that which follows the numerous windings of the + Ohio upon the left is called Kentucky; that upon the right bears the name + of the river. These two states only differ in a single respect; Kentucky + has admitted slavery, but the state of Ohio has prohibited the existence + of slaves within its borders.{241} + </p> + <p> + Thus the traveller who floats down the current of the Ohio, to the spot + where that river falls into the Mississippi, may be said to sail between + liberty and servitude; and a transient inspection of the surrounding + objects will convince him which of the two is most favorable to mankind. + </p> + <p> + Upon the left bank of the stream the population is rare; from time to time + one descries a troop of slaves loitering in the half-desert fields; the + primeval forest recurs at every turn; society seems to be asleep, man to + be idle, and nature alone offers a scene of activity and of life. + </p> + <p> + From the right bank, on the contrary, a confused hum is heard, which + proclaims the presence of industry; the fields are covered with abundant + harvests; the elegance of the dwellings announces the taste and activity + of the laborer; and man appears to be in the enjoyment of that wealth and + contentment which are the reward of labor.{242} + </p> + <p> + The state of Kentucky was founded in 1775, the state of Ohio only twelve + years later; but twelve years are more in America than half a century in + Europe, and, at the present day, the population of Ohio exceeds that of + Kentucky by 250,000 souls.{243} These opposite consequences of slavery and + freedom may readily be understood; and they suffice to explain many of the + differences which we remark between the civilisation of antiquity and that + of our own time. + </p> + <p> + Upon the left bank of the Ohio labor is confounded with the idea of + slavery, upon the right bank it is identified with that of prosperity and + improvement; on the one side it is degraded, on the other it is honored; + on the former territory no white laborers can be found, for they would be + afraid of assimilating themselves to the negroes; on the latter no one is + idle, for the white population extends its activity and its intelligence + to every kind of employment. Thus the men whose task it is to cultivate + the rich soil of Kentucky are ignorant and lukewarm; while those who are + active and enlightened either do nothing, or pass over into the state of + Ohio, where they may work without dishonor. + </p> + <p> + It is true that in Kentucky the planters are not obliged to pay wages to + the slaves whom they employ; but they derive small profits from their + labor, while the wages paid to free workmen would be returned with + interest in the value of their services. The free workman is paid, but he + does his work quicker than the slave; and rapidity of execution is one of + the great elements of economy. The white sells his services, but they are + only purchased at the times at which they may be useful; the black can + claim no remuneration for his toil, but the expense of his maintenance is + perpetual; he must be supported in his old age as well as in the prime of + manhood, in his profitless infancy as well as in the productive years of + youth. Payment must equally be made in order to obtain the services of + either class of men; the free workman receives his wages in money; the + slave in education, in food, in care, and in clothing. The money which a + master spends in the maintenance of his slaves, goes gradually and in + detail, so that it is scarcely perceived; the salary of the free workman + is paid in a round sum, which appears only to enrich the individual who + receives it; but in the end the slave has cost more than the free servant, + and his labor is less productive.{244} + </p> + <p> + The influence of slavery extends still farther; it affects the character + of the master, and imparts a peculiar tendency to his ideas and his + tastes. Upon both banks of the Ohio, the character of the inhabitants is + enterprising and energetic; but this vigor is very differently exercised + in the two states. The white inhabitant of Ohio, who is obliged to subsist + by his own exertions, regards temporal prosperity as the principal aim of + his existence; and as the country which he occupies presents inexhaustible + resources to his industry, and ever-varying lures to his activity, his + acquisitive ardor surpasses the ordinary limits of human cupidity: he is + tormented by the desire of wealth, and he boldly enters upon every path + which fortune opens to him; he becomes a sailor, pioneer, an artisan, or a + laborer, with the same indifference, and he supports, with equal + constancy, the fatigues and the dangers incidental to these various + professions; the resources of his intelligence are astonishing, and his + avidity in the pursuit of gain amounts to a species of heroism. + </p> + <p> + But the Kentuckian scorns not only labor, but all the undertakings which + labor promotes; as he lives in an idle independence, his tastes are those + of an idle man; money loses a portion of its value in his eyes; he covets + wealth much less than pleasure and excitement; and the energy which his + neighbor devotes to gain, turns with him to a passionate love of field + sports and military exercises; he delights in violent bodily exertion, he + is familiar with the use of arms, and is accustomed from a very early age + to expose his life in single combat. Thus slavery not only prevents the + whites from becoming opulent, but even from desiring to become so. + </p> + <p> + As the same causes have been continually producing opposite effects for + the last two centuries in the British colonies of North America, they have + established a very striking difference between the commercial capacity of + the inhabitants of the south and that of the north. At the present day, it + is only the northern states which are in possession of shipping, + manufactures, railroads, and canals. This difference is perceptible not + only in comparing the north with the south, but in comparing the several + southern states. Almost all the individuals who carry on commercial + operations, or who endeavor to turn slave-labor to account in the most + southern districts of the Union, have emigrated from the north. The + natives of the northern states are constantly spreading over that portion + of the American territory, where they have less to fear from competition; + they discover resources there, which escaped the notice of the + inhabitants; and, as they comply with a system which they do not approve, + they succeed in turning it to better advantage than those who first + founded, and who still maintain it. + </p> + <p> + Were I inclined to continue this parallel, I could easily prove that + almost all the differences, which may be remarked between the characters + of the Americans in the southern and in the northern states, have + originated in slavery; but this would divert me from my subject, and my + present intention is not to point out all the consequences of servitude, + but those effects which it has produced upon the prosperity of the + countries which have admitted it. + </p> + <p> + The influence of slavery upon the production of wealth must have been very + imperfectly known in antiquity, as slavery then obtained throughout the + civilized world, and the nations which were unacquainted with it were + barbarous. And indeed Christianity only abolished slavery by advocating + the claims of the slave; at the present time it may be attacked in the + name of the master; and, upon this point, interest is reconciled with + morality. + </p> + <p> + As these truths became apparent in the United States, slavery receded + before the progress of experience. Servitude had begun in the south, and + had thence spread toward the north; but it now retires again. Freedom, + which started from the north, now descends uninterruptedly toward the + south. Among the great states, Pennsylvania now constitutes the extreme + limit of slavery to the north; but even within those limits the + slave-system is shaken; Maryland, which is immediately below Pennsylvania, + is preparing for its abolition; and Virginia, which comes next to + Maryland, is already discussing its utility and its dangers.{245} + </p> + <p> + No great change takes place in human institutions, without involving among + its causes the law of inheritance. When the law of primogeniture obtained + in the south, each family was represented by a wealthy individual, who was + neither compelled nor induced to labor; and he was surrounded, as by + parasitic plants, by the other members of his family, who were then + excluded by law from sharing the common inheritance, and who led the same + kind of life as himself. The very same thing then occurred in all the + families of the south that still happens in the wealthy families of some + countries in Europe, namely, that the younger sons remain in the same + state of idleness as their elder brother, without being as rich as he is. + This identical result seems to be produced in Europe and in America by + wholly analogous causes. In the south of the United States, the whole race + of whites formed an aristocratic body, which was headed by a certain + number of privileged individuals, whose wealth was permanent, and whose + leisure was hereditary. These leaders of the American nobility kept alive + the traditional prejudices of the white race in the body of which they + were the representatives, and maintained the honor of inactive life. This + aristocracy contained many who were poor, but none who would work; its + members preferred want to labor; consequently no competition was set on + foot against negro laborers and slaves, and whatever opinion might be + entertained as to the utility of their efforts, it was indispensable to + employ them, since there was no one else to work. + </p> + <p> + No sooner was the law of primogeniture abolished than fortunes began to + diminish, and all the families of the country were simultaneously reduced + to a state in which labor became necessary to procure the means of + subsistence: several of them have since entirely disappeared; and all of + them learned to look forward to the time at which it would be necessary + for every one to provide for his own wants. Wealthy individuals are still + to be met with, but they no longer constitute a compact and hereditary + body, nor have they been able to adopt a line of conduct in which they + could persevere, and which they could infuse into all ranks of society. + The prejudice which stigmatized labor was in the first place abandoned by + common consent; the number of needy men was increased, and the needy were + allowed to gain a laborious subsistence without blushing for their + exertions. Thus one of the most immediate consequences of the partible + quality of estates has been to create a class of free laborers. As soon as + a competition was set on foot between the free laborer and the slave, the + inferiority of the latter became manifest, and slavery was attacked in its + fundamental principles, which is, the interest of the master. + </p> + <p> + As slavery recedes, the black population follows its retrograde course, + and returns with it to those tropical regions from which it originally + came. However singular this fact may at first appear to be, it may readily + be explained. Although the Americans abolish the principle of slavery, + they do not set their slaves free. To illustrate this remark I will quote + the example of the state of New York. In 1788, the state of New York + prohibited the sale of slaves within its limits; which was an indirect + method of prohibiting the importation of blacks. Thenceforward the number + of negroes could only increase according to the ratio of the natural + increase of population. But eight years later a more decisive measure was + taken, and it was enacted that all children born of slave parents after + the 4th of July, 1799, should be free. No increase could then take place, + and although slaves still existed, slavery might be said to be abolished. + </p> + <p> + From the time at which a northern state prohibited the importation of + slaves, no slaves were brought from the south to be sold in its markets. + On the other hand, as the sale of slaves was forbidden in that state, an + owner was no longer able to get rid of his slaves (who thus became a + burdensome possession) otherwise than by transporting him to the south. + But when a northern state declared that the son of the slave should be + born free, the slave lost a large portion of his market value, since his + posterity was no longer included in the bargain, and the owner had then a + strong interest in transporting him to the south. Thus the same law + prevents the slaves of the south from coming to the northern states, and + drives those of the north to the south. + </p> + <p> + The want of free hands is felt in a state in proportion as the number of + slaves decreases. But in proportion as labor is performed by free hands, + slave-labor becomes less productive; and the slave is then a useless or an + onerous possession, whom it is important to export to those southern + states where the same competition is not to be feared. Thus the abolition + of slavery does not set the slave free, but it merely transfers him from + one master to another, and from the north to the south. + </p> + <p> + The emancipated negroes, and those born after the abolition of slavery, do + not, indeed, migrate from the north to the south; but their situation with + regard to the Europeans is not unlike that of the aborigines of America; + they remain half civilized, and deprived of their rights in the midst of a + population which is far superior to them in wealth and in knowledge; where + they are exposed to the tyranny of the laws,{246} and the intolerance of + the people. On some accounts they are still more to be pitied than the + Indians, since they are haunted by the reminiscence of slavery, and they + cannot claim possession of a single portion of the soil: many of them + perish miserably,{247} and the rest congregate in the great towns, where + they perform the meanest offices, and lead a wretched and precarious + existence. + </p> + <p> + But even if the number of negroes continued to increase as rapidly as when + they were still in a state of slavery, as the number of whites augments + with twofold rapidity since the abolition of slavery, the blacks would + soon be, as it were, lost in the midst of a strange population. + </p> + <p> + A district which is cultivated by slaves is in general more scantily + peopled than a district cultivated by free labor: moreover, America is + still a new country, and a state is therefore not half peopled at the time + when it abolished slavery. No sooner is an end put to slavery, than the + want of free labor is felt, and a crowd of enterprising adventurers + immediately arrive from all parts of the country, who hasten to profit by + the fresh resources which are then opened to industry. The soil is soon + divided among them, and a family of white settlers takes possession of + each tract of country. Besides which, European emigration is exclusively + directed to the free states; for what would be the fate of a poor emigrant + who crosses the Atlantic in search of ease and happiness, if he were to + land in a country where labor is stigmatized as degrading? + </p> + <p> + Thus the white population grows by its natural increase, and at the same + time by the immense influx of emigrants; while the black population + receives no emigrants, and is upon its decline. The proportion which + existed between the two races is soon inverted. The negroes constitute a + scanty remnant, a poor tribe of vagrants, which is lost in the midst of an + immense people in full possession of the land; and the presence of the + blacks is only marked by the injustice and the hardships of which they are + the unhappy victims. + </p> + <p> + In several of the western states the negro race never made its appearance; + and in all the northern states it is rapidly declining. Thus the great + question of its future condition is confined within a narrow circle, where + it becomes less formidable, though not more easy of solution. + </p> + <p> + The more we descend toward the south, the more difficult does it become to + abolish slavery with advantage: and this arises from several physical + causes, which it is important to point out. + </p> + <p> + The first of these causes is the climate: it is well known that in + proportion as Europeans approach the tropics, they suffer more from labor. + Many of the Americans even assert, that within a certain latitude the + exertions which a negro can make without danger are fatal to them;{248} + but I do not think that this opinion, which is so favorable to the + indolence of the inhabitants of southern regions, is confirmed by + experience. The southern parts of the Union are not hotter than the south + of Italy and of Spain;{249} and it may be asked why the European cannot + work as well there as in the two latter countries. If slavery has been + abolished in Italy and in Spain without causing the destruction of the + masters, why should not the same thing take place in the Union? I cannot + believe that Nature has prohibited the Europeans in Georgia and the + Floridas, under pain of death, from raising the means of subsistence from + the soil; but their labor would unquestionably be more irksome and less + productive{250} to them than the inhabitants of New England. As the free + workman thus loses a portion of his superiority over the slave in the + southern states, there are fewer inducements to abolish slavery. + </p> + <p> + All the plants of Europe grow in the northern parts of the Union; the + south has special productions of its own. It has been observed that slave + labor is a very expensive method of cultivating corn. The farmer of + corn-land in a country where slavery is unknown, habitually retains a + small number of laborers in his service, and at seed-time and harvest he + hires several additional hands, who only live at his cost for a short + period. But the agriculturist in a slave state is obliged to keep a large + number of slaves the whole year round, in order to sow his fields and to + gather in his crops, although their services are only required for a few + weeks; but slaves are unable to wait till they are hired, and to subsist + by their own labor in the meantime like free laborers; in order to have + their services, they must be bought. Slavery, independently of its general + disadvantages, is therefore still more inapplicable to countries in which + corn is cultivated than to those which produce crops of a different kind. + </p> + <p> + The cultivation of tobacco, of cotton, and especially of the sugar-cane, + demands, on the other hand, unremitting attention: and women and children + are employed in it, whose services are of but little use in the + cultivation of wheat. Thus slavery is naturally more fitted to the + countries from which these productions are derived. + </p> + <p> + Tobacco, cotton, and the sugar-cane, are exclusively grown in the south, + and they form one of the principal sources of the wealth of those states. + If slavery were abolished, the inhabitants of the south would be + constrained to adopt one of two alternatives: they must either change + their system of cultivation, and then they would come into competition + with the more active and more experienced inhabitants of the north; or, if + they continued to cultivate the same produce without slave labor, they + would have to support the competition of the other states of the south, + which might still retain their slaves. Thus, peculiar reasons for + maintaining slavery exist in the south which do not operate in the north. + </p> + <p> + But there is yet another motive which is more cogent than all the others; + the south might indeed, rigorously speaking, abolish slavery, but how + should it rid its territory of the black population? Slaves and slavery + are driven from the north by the same law, but this twofold result cannot + be hoped for in the south. + </p> + <p> + The arguments which I have adduced to show that slavery is more natural + and more advantageous in the south than in the north, sufficiently prove + that the number of slaves must be far greater in the former districts. It + was to the southern settlements that the first Africans were brought, and + it is there that the greatest number of them have always been imported. As + we advance toward the south, the prejudice which sanctions idleness + increases in power. In the states nearest to the tropics there is not a + single white laborer; the negroes are consequently much more numerous in + the south than in the north. And, as I have already observed, this + disproportion increases daily, since the negroes are transferred to one + part of the Union as soon as slavery is abolished in the other. Thus the + black population augments in the south, not only by its natural fecundity, + but by the compulsory emigration of the negroes from the north; and the + African race has causes of increase in the south very analogous to those + which so powerfully accelerate the growth of the European race in the + north. + </p> + <p> + In the state of Maine there is one negro in three hundred inhabitants; in + Massachusetts, one in one hundred; in New York, two in one hundred; in + Pennsylvania, three in the same number; in Maryland, thirty-four; in + Virginia, forty-two; and lastly, in South Carolina, fifty-five per + cent.{251} Such was the proportion of the black population to the whites + in the year 1830. But this proportion is perpetually changing, as it + constantly decreases in the north and augments in the south. + </p> + <p> + It is evident that the most southern states of the Union cannot abolish + slavery without incurring very great dangers, which the north had no + reason to apprehend when it emancipated its black population. We have + already shown the system by which the northern states secure the + transition from slavery to freedom, by keeping the present generation in + chains, and setting their descendants free; by this means the negroes are + gradually introduced into society; and while the men who might abuse their + freedom are kept in a state of servitude, those who are emancipated may + learn the art of being free before they become their own masters. But it + would be difficult to apply this method in the south. To declare that all + the negroes born after a certain period shall be free, is to introduce the + principle and the notion of liberty into the heart of slavery; the blacks, + whom the law thus maintains in a state of slavery from which their + children are delivered, are astonished at so unequal a fate, and their + astonishment is only the prelude to their impatience and irritation. + Thenceforward slavery loses in their eyes that kind of moral power which + it derived from time and habit; it is reduced to a mere palpable abuse of + force. The northern states had nothing to fear from the contrast, because + in them the blacks were few in number, and the white population was very + considerable. But if this faint dawn of freedom were to show two millions + of men their true position, the oppressors would have reason to tremble. + After having enfranchised the children of their slaves, the Europeans of + the southern states would very shortly be obliged to extend the same + benefit to the whole black population. + </p> + <p> + In the north, as I have already remarked, a two-fold migration ensues upon + the abolition of slavery, or even precedes that event when circumstances + have rendered it probable; the slaves quit the country to be transported + southward; and the whites of the northern states as well as the emigrants + from Europe hasten to fill up their place. But these two causes cannot + operate in the same manner in the southern states. On the one hand, the + mass of slaves is too great for any expectation of their ever being + removed from the country to be entertained; and on the other hand, the + Europeans and the Anglo-Americans of the north are afraid to come to + inhabit a country, in which labor has not yet been reinstated in its + rightful honors. Besides, they very justly look upon the states in which + the proportion of the negroes equals or exceeds that of the whites, as + exposed to very great dangers; and they refrain from turning their + activity in that direction. + </p> + <p> + Thus the inhabitants if the south would not be able, like their northern + countrymen, to initiate the slaves gradually into a state of freedom, by + abolishing slavery; they have no means of perceptibly diminishing the + black population, and they would remain unsupported to repress its + excesses. So that in the course of a few years, a great people of free + negroes would exist in the heart of a white nation of equal size. + </p> + <p> + The same abuses of power which still maintain slavery, would then become + the source of the most alarming perils, which the white population of the + south might have to apprehend. At the present time the descendants of the + Europeans are the sole owners of the land; the absolute masters of all + labor; and the only persons who are possessed of wealth, knowledge, and + arms. The black is destitute of all these advantages, but he subsists + without them because he is a slave. If he were free, and obliged to + provide for his own subsistence, would it be possible for him to remain + without these things and to support life? Or would not the very + instruments of the present superiority of the white, while slavery exists, + expose him to a thousand dangers if it were abolished? + </p> + <p> + As long as the negro remains a slave, he may be kept in a condition not + very far removed from that of the brutes; but, with his liberty, he cannot + but acquire a degree of instruction which will enable him to appreciate + his misfortunes, and to discern a remedy for them. Moreover, there exists + a singular principle of relative justice which is very firmly implanted in + the human heart. Men are much more forcibly struck by those inequalities + which exist within the circles of the same class, than with those which + may be remarked between different classes. It is more easy for them to + admit slavery, than to allow several millions of citizens to exist under a + load of eternal infamy and hereditary wretchedness. In the north, the + population of freed negroes feels these hardships and resents these + indignities; but its members and its powers are small, while in the south + it would be numerous and strong. + </p> + <p> + As soon as it is admitted that the whites and the emancipated blacks are + placed upon the same territory in the situation of two alien communities, + it will readily be understood that there are but two alternatives for the + future; the negroes and the whites must either wholly part or wholly + mingle. I have already expressed the conviction which I entertain as to + the latter event.{252} I do not imagine that the white and the black races + will ever live in any country upon an equal footing. But I believe the + difficulty to be still greater in the United States than elsewhere. An + isolated individual may surmount the prejudices of religion, of his + country, or of his race, and if this individual is a king he may effect + surprising changes in society; but a whole people cannot rise, as it were, + above itself. A despot who should subject the Americans and their former + slaves to the same yoke, might perhaps succeed in commingling their races; + but as long as the American democracy remains at the head of affairs, no + one will undertake so difficult a task; and it may be foreseen that the + freer the white population of the United States becomes, the more isolated + will it remain.{253} + </p> + <p> + I have previously observed that the mixed race is the true bond of union + between the Europeans and the Indians; just so the mulattoes are the true + means of transition between the white and the negro; so that wherever + mulattoes abound, the intermixture of the two races is not impossible. In + some parts of America the European and the negro races are so crossed by + one another, that it is rare to meet with a man who is entirely black or + entirely white: when they are arrived at this point, the two races may + really be said to be combined; or rather to have been absorbed in a third + race, which is connected with both, without being identical with either. + </p> + <p> + Of all the Europeans the English are those who have mixed least with the + negroes. More mulattoes are to be seen in the south of the Union than in + the north, but still they are infinitely more scarce than in any other + European colony: Mulattoes are by no means numerous in the United States; + they have no force peculiar to themselves, and when quarrels originating + in differences of color take place, they generally side with the whites, + just as the lacqueys of the great in Europe assume the contemptuous airs + of nobility to the lower orders. + </p> + <p> + The pride of origin, which is natural to the English, is singularly + augmented by the personal pride which democratic liberty fosters among the + Americans: the white citizen of the United States is proud of his race, + and proud of himself. But if the whites and the negroes do not intermingle + in the north of the Union, how should they mix in the south? Can it be + supposed for an instant, that an American of the southern states, placed, + as he must for ever be, between the white man with all his physical and + moral superiority, and the negro, will ever think of preferring the + latter? The Americans of the southern states have two powerful passions, + which will always keep them aloof; the first is the fear of being + assimilated to the negroes, their former slaves; and the second, the dread + of sinking below the whites, their neighbors. + </p> + <p> + If I were called upon to predict what will probably occur at some future + time, I should say, that the abolition of slavery in the south, will, in + the common course of things, increase the repugnance of the white + population for the men of color. I found this opinion upon the analogous + observation which I already had occasion to make in the north. I there + remarked, that the white inhabitants of the north avoid the negroes with + increasing care, in proportion as the legal barriers of separation are + removed by the legislature; and why should not the same result take place + in the south? In the north, the whites are deterred from intermingling + with the blacks by the fear of an imaginary danger; in the south, where + the danger would be real, I cannot imagine that the fear would be less + general. + </p> + <p> + If, on the one hand, it be admitted (and the fact is unquestionable), that + the colored population perpetually accumulates in the extreme south, and + that it increases more rapidly than that of the whites; and if, on the + other hand, it be allowed that it is impossible to foresee a time at which + the whites and the blacks will be so intermingled as to derive the same + benefits from society; must it not be inferred, that the blacks and the + whites will, sooner or later, come to open strife in the southern states + of the Union? But if it be asked what the issue of the struggle is likely + to be, it will readily be understood, that we are here left to form a very + vague surmise of the truth. The human mind may succeed in tracing a wide + circle, as it were, which includes the course of future events; but within + that circle a thousand various chances and circumstances may direct it in + as many different ways; and in every picture of the future there is a dim + spot, which the eye of the understanding cannot penetrate. It appears, + however, to be extremely probable, that, in the West India islands the + white race is destined to be subdued, and the black population to share + the same fate upon the continent. + </p> + <p> + In the West India islands the white planters are surrounded by an immense + black population; on the continent, the blacks are placed between the + ocean and an innumerable people, which already extends over them in a + dense mass from the icy confines of Canada to the frontiers of Virginia, + and from the banks of the Missouri to the shores of the Atlantic. If the + white citizens of North America remain united, it cannot be supposed that + the negroes will escape the destruction with which they are menaced; they + must be subdued by want or by the sword. But the black population which is + accumulating along the coast of the gulf of Mexico, has a chance of + success, if the American Union is dissolved when the struggle between the + two races begins. If the federal tie were broken, the citizens of the + south would be wrong to rely upon any lasting succor from their northern + countrymen. The latter are well aware that the danger can never reach + them; and unless they are constrained to march to the assistance of the + south by a positive obligation, it may be foreseen that the sympathy of + color will be insufficient to stimulate their exertions. + </p> + <p> + Yet, at whatever period the strife may break out, the whites of the south, + even if they are abandoned to their own resources, will enter the lists + with an immense superiority of knowledge and of the means of warfare: but + the blacks will have numerical strength and the energy of despair upon + their side; and these are powerful resources to men who have taken up + arms. The fate of the white population of the southern states will, + perhaps, be similar to that of the Moors in Spain. After having occupied + the land for centuries, it will perhaps be forced to retire to the country + whence its ancestors came, and to abandon to the negroes the possession of + a territory, which Providence seems to have more peculiarly destined for + them, since they can subsist and labor in it more easily than the whites. + </p> + <p> + The danger of a conflict between the white and the black inhabitants of + the southern states of the Union—a danger which, however remote it + may be, is inevitable—perpetually haunts the imagination of the + Americans. The inhabitants of the north make it a common topic of + conversation, although they have no direct injury to fear from the + struggle; but they vainly endeavor to devise some means of obviating the + misfortunes which they foresee. In the southern states the subject is not + discussed: the planter does not allude to the future in conversing with + strangers; the citizen does not communicate his apprehensions to his + friends: he seeks to conceal them from himself: but there is something + more alarming in the tacit forebodings of the south, than in the clamorous + fears of the northern states. + </p> + <p> + This all-pervading disquietude has given birth to an undertaking which is + but little known, but which may have the effect of changing the fate of a + portion of the human race. From apprehension of the dangers which I have + just been describing, a certain number of American citizens have formed a + society for the purpose of exporting to the coast of Guinea, at their own + expense, such free negroes as may be willing to escape from the oppression + to which they are subject.{254} In 1820, the society to which I allude + formed a settlement in Africa, upon the 7th degree of north latitude, + which bears the name of Liberia. The most recent intelligence informs us + that two thousand five hundred negroes are collected there; they have + introduced the democratic institutions of America into the country of + their forefathers; and Liberia has a representative system of government, + negro-jurymen, negro-magistrates, and negro-priests; churches have been + built, newspapers established, and, by a singular change in the + vicissitudes of the world, white men are prohibited from sojourning within + the settlement.{255} + </p> + <p> + This is indeed a strange caprice of fortune. Two hundred years have now + elapsed since the inhabitants of Europe undertook to tear the negro from + his family and his home, in order to transport him to the shores of North + America; at the present day, the European settlers are engaged in sending + back the descendants of those very negroes to the continent from which + they were originally taken; and the barbarous Africans have been brought + into contact with civilisation in the midst of bondage, and have become + acquainted with free political institutions in slavery. Up to the present + time Africa has been closed against the arts and sciences of the whites; + but the inventions of Europe will perhaps penetrate into those regions, + now that they are introduced by Africans themselves. The settlement of + Liberia is founded upon a lofty and a most fruitful idea; but whatever may + be its results with regard to the continent of Africa, it can afford no + remedy to the New World. + </p> + <p> + In twelve years the Colonization society has transported two thousand five + hundred negroes to Africa; in the same space of time about seven hundred + thousand blacks were born in the United States. If the colony of Liberia + were so situated as to be able to receive thousands of new inhabitants + every year, and if the negroes were in a state to be sent thither with + advantage; if the Union were to supply the society with annual + subsidies,{256} and to transport the negroes to Liberia, there is little + chance that the negro population of the United States would change. + </p> + <p> + In the South, however, this leaves two choices: either for the whites to + remain in communities with the negroes, and to intermingle with them; or, + remaining isolated from them, to keep them in a state of slavery as long + as possible. All intermediate measures seem to me likely to terminate, and + that shortly, in the most horrible of civil wars, and perhaps in the + extirpation of one or other of the two races. Such is the view which the + Americans of the south take of the question, and they act consistently + with it. As they are determined not to mingle with the negroes, they + refuse to emancipate them. + </p> + <p> + Not that the inhabitants of the south regard slavery as necessary to the + wealth of the planter; for on this point many of them agree with their + northern countrymen in freely admitting that slavery is prejudicial to + their interests; but they are convinced that, however prejudicial it may + be, they hold their lives upon no other tenure. The instruction which is + now diffused in the south has convinced the inhabitants that slavery is + injurious to the slave-owner, but it has also shown them, more clearly + than before, that no means exist of getting rid of its bad consequences. + Hence arises a singular contrast; the more the utility of slavery is + contested, the more firmly is it established in the laws; and while the + principle of servitude is gradually abolished in the north, that self-same + principle gives rise to more and more rigorous consequences in the south. + </p> + <p> + The legislation of the southern states, with regard to slaves, presents at + the present day such unparalleled atrocities, as suffice to show how + radically the laws of humanity have been perverted, and to betray the + desperate position of the community in which that legislation has been + promulgated. The Americans of this portion of the Union have not, indeed, + augmented the hardships of slavery; they have, on the contrary, bettered + the physical condition of the slaves. The only means by which the ancients + maintained slavery were fetters and death; the Americans of the south of + the Union have discovered more intellectual securities for the duration of + their power. They have employed their despotism and their violence against + the human mind. In antiquity, precautions were taken to prevent the slave + from breaking his chains; at the present day measures are adopted to + deprive him even of the desire of freedom. The ancients kept the bodies of + their slaves in bondage, but they placed no restraint upon the mind and no + check upon education; and they acted consistently with their established + principle, since a natural termination of slavery then existed, and one + day or other the slave might be set free, and become the equal of his + master. But the Americans of the south, who do not admit that the negroes + can ever be commingled with themselves, have forbidden them to be taught + to read or to write, under severe penalties; and as they will not raise + them to their own level, they sink them as nearly as possible to that of + the brutes. + </p> + <p> + The hope of liberty had always been allowed to the slave to cheer the + hardships of his condition. But the Americans of the south are well aware + that emancipation cannot but be dangerous, when the freed man can never be + assimilated to his former master. To give a man his freedom, and to leave + him in wretchedness and ignominy, is nothing less than to prepare a future + chief for a revolt of the slaves. Moreover, it has long been remarked, + that the presence of a free negro vaguely agitates the minds of his less + fortunate brethren, and conveys to them a dim notion of their rights. The + Americans of the south have consequently taken measures to prevent + slave-owners from emancipating their slaves in most cases; not indeed by a + positive prohibition, but by subjecting that step to various forms which + it is difficult to comply with. + </p> + <p> + I happened to meet with an old man, in the south of the Union, who had + lived in illicit intercourse with one of his negresses, and had had + several children by her, who were born the slaves of their father. He had + indeed frequently thought of bequeathing to them at least their liberty; + but years had elapsed without his being able to surmount the legal + obstacles to their emancipation, and in the meanwhile his old age was + come, and he was about to die. He pictured to himself his sons dragged + from market to market, and passing from the authority of a parent to the + rod of the stranger, until these horrid anticipations worked his expiring + imagination into phrensy. When I saw him he was a prey to all the anguish + of despair, and he made me feel how awful is the retribution of Nature + upon those who have broken her laws. + </p> + <p> + These evils are unquestionably great; but they are the necessary and + foreseen consequences of the very principle of modern slavery. When the + Europeans chose their slaves from a race differing from their own, which + many of them considered as inferior to the other races of mankind, and + which they all repelled with horror from any notion of intimate connexion, + they must have believed that slavery would last for ever; since there is + no intermediate state which can be durable, between the excessive + inequality produced by servitude, and the complete equality which + originates in independence. The Europeans did imperfectly feel this truth, + but without acknowledging it even to themselves. Whenever they have had to + do with negroes, their conduct has either been dictated by their interest + and their pride, or by their compassion. They first violated every right + of humanity by their treatment of the negro; and they afterward informed + him that those rights were precious and inviolable. They affected to open + their ranks to the slave, but the negroes who attempted to penetrate into + the community were driven back with scorn; and they have incautiously and + involuntarily been led to admit of freedom instead of slavery, without + having the courage to be wholly iniquitous, or wholly just.{257} + </p> + <p> + If it be impossible to anticipate a period at which the Americans of the + south will mingle their blood with that of the negroes, can they allow + their slaves to become free without compromising their own security? And + if they are obliged to keep that race in bondage, in order to save their + own families, may they not be excused for availing themselves of the means + best adapted to that end? The events which are taking place in the + southern states of the Union, appear to be at once the most horrible and + the most natural results of slavery. When I see the order of nature + overthrown, and when I hear the cry of humanity in its vain struggle + against the laws, my indignation does not light upon the men of our own + time who were the instruments of these outrages; but I reserve my + execration for those who, after a thousand years of freedom, brought back + slavery into the world once more. + </p> + <p> + Whatever may be the efforts of the Americans of the south to maintain + slavery, they will not always succeed. Slavery, which is now confined to a + single tract of the civilized earth, which is attacked by Christianity as + unjust, and by political economy as prejudicial, and which is now + contrasted with democratic liberties and the information of our age, + cannot survive. By the choice of the master or the will of the slave, it + will cease; and in either case great calamities may be expected to ensue. + If liberty be refused to the negroes of the south, they will in the end + seize it for themselves by force; if it be given, they will abuse it ere + long. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + WHAT ARE THE CHANCES IN FAVOR OF THE DURATION OF THE AMERICAN UNION, AND + WHAT DANGERS THREATEN IT. + </p> + <p> + Reasons why the preponderating Force lies in the States rather than in the + Union.—The Union will only last as long as all the States choose to + belong to it.—Causes which tend to keep them united.—Utility + of the Union to resist foreign Enemies, and to prevent the Existence of + Foreigners in America.—No natural Barriers between the several + States.—No conflicting Interests to divide them.—Reciprocal + Interests of the Northern, Southern, and Western States.—Intellectual + ties of Union.—Uniformity of Opinions.—Dangers of the Union + resulting from the different Characters and the Passions of its Citizens.—Character + of the Citizens in the South and in the North.—The rapid growth of + the Union one of its greatest Dangers.—Progress of the Population to + the Northwest.—Power gravitates in the same Direction.—Passions + originating from sudden turns of Fortune.—Whether the existing + Government of the Union tends to gain strength, or to lose it.—Various + signs of its Decrease.—Internal Improvement.—Waste Lands.—Indians.—The + Bank.—The Tariff.—General Jackson. + </p> + <p> + The maintenance of the existing institutions of the several states depends + in some measure upon the maintenance of the Union itself. It is therefore + important in the first instance to inquire into the probable fate of the + Union. One point may indeed be assumed at once; if the present + confederation were dissolved, it appears to me to be incontestable that + the states of which it is now composed would not return to their original + isolated condition; but that several Unions would then be formed in the + place of one. It is not my intention to inquire into the principles upon + which these new Unions would probably be established, but merely to show + what the causes are which may effect the dismemberment of the existing + confederation. + </p> + <p> + With this object I shall be obliged to retrace some of the steps which I + have already taken, and to revert to topics which I have before discussed. + I am aware that the reader may accuse me of repetition, but the importance + of the matter which still remains to be treated is my excuse; I had rather + say too much, than say too little to be thoroughly understood, and I + prefer injuring the author to slighting the subject. + </p> + <p> + The legislators who formed the constitution of 1789 endeavored to confer a + distinct and preponderating authority upon the federal power. But they + were confined by the conditions of the task which they had undertaken to + perform. They were not appointed to constitute the government of a single + people, but to regulate the association of several states; and, whatever + their inclinations might be, they could not but divide the exercise of + sovereignty in the end. + </p> + <p> + In order to understand the consequences of this division, it is necessary + to make a short distinction between the affairs of government. There are + some objects which are national by their very nature, that is to say, + which affect the nation as a body, and can only be intrusted to the man or + the assembly of men who most completely represent the entire nation. Among + these may be reckoned war and diplomacy. There are other objects which are + provincial by their very nature, that is to say, which only affect certain + localities, and which can only be properly treated in that locality. Such, + for instance, is the budget of municipality. Lastly, there are certain + objects of a mixed nature, which are national inasmuch as they affect all + the citizens who compose the nation, and which are provincial inasmuch as + it is not necessary that the nation itself should provide for them all. + Such are the rights which regulate the civil and political condition of + the citizens. No society can exist without civil and political rights. + These rights therefore interest all the citizens alike; but it is not + always necessary to the existence and the prosperity of the nation that + these rights should be uniform, nor consequently, that they should be + regulated by the central authority. + </p> + <p> + There are, then, two distinct categories of objects which are submitted to + the direction of the sovereign power; and these categories occur in all + well-constituted communities, whatever the basis of the political + constitution may otherwise be. Between these two extremes, the objects + which I have termed mixed may be considered to lie. As these objects are + neither exclusively national nor entirely provincial, they may be attained + by a national or a provincial government, according to the agreement of + the contracting parties, without in any way impairing the contract of + association. + </p> + <p> + The sovereign power is usually formed by the union of separate + individuals, who compose a people; and individual powers or collective + forces, each representing a very small portion of the sovereign authority, + are the sole elements which are subjected to the general government of + their choice. In this case the general government is more naturally called + upon to regulate, not only those affairs which are of essential national + importance, but those which are of a more local interest; and the local + governments are reduced to that small share of sovereign authority which + is indispensable to their prosperity. + </p> + <p> + But sometimes the sovereign authority is composed of preorganized + political bodies, by virtue of circumstances anterior to their union; and + in this case the provincial governments assume the control, not only of + those affairs which more peculiarly belong to their province, but of all, + or of a part of the mixed affairs to which allusion has been made. For the + confederate nations which were independent sovereign states before their + Union, and which still represent a very considerable share of the + sovereign power, have only consented to cede to the general government the + exercise of those rights which are indispensable to the Union. + </p> + <p> + When the national government, independently of the prerogative inherent in + its nature, is invested with the right of regulating the affairs which + relate partly to the general and partly to the local interest, it + possesses a preponderating influence. Not only are its own rights + extensive, but all the rights which it does not possess exist by its + sufferance, and it may be apprehended that the provincial governments may + be deprived of their natural and necessary prerogatives by its influence. + </p> + <p> + When, on the other hand, the provincial governments are invested with the + power of regulating those same affairs of mixed interest, an opposite + tendency prevails in society. The preponderating force resides in the + province, not in the nation; and it may be apprehended that the national + government may in the end be stripped of the privileges which are + necessary to its existence. + </p> + <p> + Independent nations have therefore a natural tendency to centralization, + and confederations to dismemberment. + </p> + <p> + It now only remains for us to apply these general principles to the + American Union. The several states were necessarily possessed of the right + of regulating all exclusively provincial affairs. Moreover these same + states retained the right of determining the civil and political + competency of the citizens, of regulating the reciprocal relations of the + members of the community, and of dispensing justice; rights which are of a + general nature, but which do not necessarily appertain to the national + government. We have shown that the government of the Union is invested + with the power of acting in the name of the whole nation, in those cases + in which the nation has to appear as a single and undivided power; as, for + instance, in foreign relations, and in offering a common resistance to a + common enemy; in short, in conducting those affairs which I have styled + exclusively national. + </p> + <p> + In this division of the rights of sovereignty, the share of the Union + seems at first sight to be more considerable than that of the states; but + a more attentive investigation shows it to be less so. The undertakings of + the government of the Union are more vast, but their influence is more + rarely felt. Those of the provincial government are comparatively small, + but they are incessant, and they serve to keep alive the authority which + they represent. The government of the Union watches the general interests + of the country; but the general interests of a people have a very + questionable influence upon individual happiness; while provincial + interests produce a most immediate effect upon the welfare of the + inhabitants. The Union secures the independence and the greatness of the + nation, which do not immediately affect private citizens; but the several + states maintain the liberty, regulate the rights, protect the fortune, and + secure the life and the whole future prosperity of every citizen. + </p> + <p> + The federal government is very far removed from its subjects, while the + provincial governments are within the reach of them all, and are ready to + attend to the smallest appeal. The central government has upon its side + the passions of a few superior men who aspire to conduct it; but upon the + side of the provincial governments are the interests of all those + second-rate individuals who can only hope to obtain power within their own + state, and who nevertheless exercise the largest share of authority over + the people because they are placed nearest to its level. + </p> + <p> + The Americans have therefore much more to hope and to fear from the states + than from the Union; and, in conformity with the natural tendency of the + human mind, they are more likely to attach themselves to the former than + to the latter. In this respect their habits and feelings harmonize with + their interests. + </p> + <p> + When a compact nation divides its sovereignty, and adopts a confederate + form of government, the traditions, the customs, and the manners of the + people are for a long time at variance with their legislation; and the + former tend to give a degree of influence to the central government which + the latter forbids. When a number of confederate states unite to form a + single nation, the same causes operate in an opposite direction. I have no + doubt that if France were to become a confederate republic like that of + the United States, the government would at first display more energy than + that of the Union; and if the Union were to alter its constitution to a + monarchy like that of France, I think that the American government would + be a long time in acquiring the force which now rules the latter nation. + When the national existence of the Anglo-Americans began, their provincial + existence was already of long standing; necessary relations were + established between the townships and the individual citizens of the same + states; and they were accustomed to consider some objects as common to + them all, and to conduct other affairs as exclusively relating to their + own special interests. + </p> + <p> + The Union is a vast body, which presents no definite object to patriotic + feeling. The forms and limits of the state are distinct and circumscribed, + since it represents a certain number of objects which are familiar to the + citizens and beloved by all. It is identified with the very soil, with the + right of property and the domestic affections, with the recollections of + the past, the labors of the present, and the hopes of the future. + Patriotism, then, which is frequently a mere extension of individual + egotism, is still directed to the state, and is not excited by the Union. + Thus the tendency of the interests, the habits, and the feelings of the + people, is to centre political activity in the states, in preference to + the Union. + </p> + <p> + It is easy to estimate the different forces of the two governments, by + remarking the manner in which they fulfil their respective functions. + Whenever the government of a state has occasion to address an individual, + or an assembly of individuals, its language is clear and imperative; and + such is also the tone of the federal government in its intercourse with + individuals, but no sooner has it anything to do with a state, than it + begins to parley, to explain its motives, and to justify its conduct, to + argue, to advise, and in short, anything but to command. If doubts are + raised as to the limits of the constitutional powers of each government, + the provincial government prefers its claims with boldness, and takes + prompt and energetic steps to support it. In the meanwhile the government + of the Union reasons, it appeals to the interests, to the good sense, to + the glory of the nation; it temporizes, it negotiates, and does not + consent to act until it is reduced to the last extremity. At first sight + it might readily be imagined that it is the provincial government which is + armed with the authority of the nation, and that congress represents a + single state. + </p> + <p> + The federal government is, therefore, notwithstanding the precautions of + those who founded it, naturally so weak, that it more peculiarly requires + the free consent of the governed to enable it to subsist. It is easy to + perceive that its object is to enable the states to realize with facility + their determination of remaining united; and, as long as this preliminary + consideration exists, its authority is great, temperate, and effective. + The constitution fits the government to control individuals, and easily to + surmount such obstacles as they may be inclined to offer, but it was by no + means established with a view to the possible separation of one or more of + the states from the Union. + </p> + <p> + If the sovereignty of the Union were to engage in a struggle with that of + the states at the present day, its defeat may be confidently predicted; + and it is not probable that such a struggle would be seriously undertaken. + As often as steady resistance is offered to the federal government, it + will be found to yield. Experience has hitherto shown that whenever a + state has demanded anything with perseverance and resolution, it has + invariably succeeded; and that if a separate government has distinctly + refused to act, it was left to do as it thought fit.{258} + </p> + <p> + But even if the government of the Union had any strength inherent in + itself, the physical situation of the country would render the exercise of + that strength very difficult.{259} The United States cover an immense + territory; they are separated from each other by great distances; and the + population is disseminated over the surface of a country which is still + half a wilderness. If the Union were to undertake to enforce the + allegiance of the confederate states by military means, it would be in a + position very analogous to that of England at the time of the war of + independence. + </p> + <p> + However strong a government may be, it cannot easily escape from the + consequences of a principle which it has once admitted as the foundation + of its constitution. The Union was formed by the voluntary agreement of + the states; and, in uniting together, they have not forfeited their + nationality, nor have they been reduced to the condition of one and the + same people. If one of the states chose to withdraw its name from the + compact, it would be difficult to disprove its right of doing so; and the + federal government would have no means of maintaining its claims directly, + either by force or by right. In order to enable the federal government + easily to conquer the resistance which may be offered to it by any one of + its subjects, it would be necessary that one or more of them should be + especially interested in the existence of the Union, as has frequently + been the case in the history of confederations. + </p> + <p> + If it be supposed that among the states which are united by the federal + tie, there are some which exclusively enjoy the principal advantages of + union, or whose prosperity depends on the duration of that union, it is + unquestionable that they will always be ready to support the central + government in enforcing the obedience of the others. But the government + would then be exerting a force not derived from itself, but from a + principle contrary to its nature. States form confederations in order to + derive equal advantages from their union; and in the case just alluded to, + the federal government would derive its power from the unequal + distribution of those benefits among the states. + </p> + <p> + If one of the confederated states have acquired a preponderance + sufficiently great to enable it to take exclusive possession of the + central authority, it will consider the other states as subject provinces, + and will cause its own supremacy to be respected under the borrowed name + of the sovereignty of the Union. Great things may then be done in the name + of the federal government, but in reality that government will have ceased + to exist.{260} In both these cases, the power which acts in the name of + the confederation becomes stronger, the more it abandons the natural state + and the acknowledged principles of confederations. + </p> + <p> + In America the existing Union is advantageous to all the states, but it is + not indispensable to any one of them. Several of them might break the + federal tie without compromising the welfare of the others, although their + own prosperity would be lessened. As the existence and the happiness of + none of the states are wholly dependent on the present constitution, they + would none of them be disposed to make great personal sacrifices to + maintain it. On the other hand, there is no state which seems, hitherto, + to have its ambition much interested in the maintenance of the existing + Union. They certainly do not all exercise the same influence in the + federal councils, but no one of them can hope to domineer over the rest, + or to treat them as its inferiors or as its subjects. + </p> + <p> + It appears to me unquestionable, that if any portion of the Union + seriously desired to separate itself from the other states, they would not + be able, nor indeed would they attempt, to prevent it; and that the + present Union will only last as long as the states which compose it choose + to continue members of the confederation. If this point be admitted, the + question becomes less difficult; and our object is not to inquire whether + the states of the existing Union are capable of separating, but whether + they will choose to remain united. + </p> + <p> + {The remarks respecting the inability of the federal government to retain + within the Union any state that may choose "to withdraw its name from the + contract," ought not to pass through an American edition of this work, + without the expression of a dissent by the editor from the opinion of the + author. The laws of the United States must remain in force in a revolted + state, until repealed by congress; the customs and postages must be + collected; the courts of the United States must sit, and must decide the + causes submitted to them; as has been very happily explained by the + author, the courts act upon individuals. If their judgments are resisted, + the executive arm must interpose, and if the state authorities aid in the + resistance, the military power of the whole Union must be invoked to + overcome it. So long as the laws affecting the citizens of such a state + remain, and so long as there remain any officers of a general government + to enforce them, these results must follow not only theoretically but + actually. The author probably formed the opinions which are the subject of + these remarks, at the commencement of the controversy with South Carolina + respecting the tariff. And when they were written and published, he had + not learned the result of that controversy, in which the supremacy of the + Union and its laws was triumphant. There was doubtless great reluctance in + adopting the necessary measures to collect the customs, and to bring every + legal question that could possibly arise out of the controversy, before + the judiciary of the United States, but they were finally adopted, and + were not the less successful for being the result of deliberation and of + necessity. Out of that controversy have arisen some advantages of a + permanent character, produced by the legislation which it required. There + were defects in the laws regulating the manner of bringing from the state + courts into those of the United States, a cause involving the + constitutionality of acts of congress or of the states, through which the + federal authority might be evaded. Those defects were remedied by the + legislation referred to; and it is now more emphatically and universally + true, than when the author wrote, that the acts of the general government + operate through the judiciary, upon individual citizens, and not upon the + states.—<i>American Editor.</i>} + </p> + <p> + Among the various reasons which tend to render the existing Union useful + to the Americans, two principal causes are peculiarly evident to the + observer. Although the Americans are, as it were, alone upon their + continent, their commerce makes them the neighbors of all the nations with + which they trade. Notwithstanding their apparent isolation, the Americans + require a certain degree of strength, which they cannot retain otherwise + than by remaining united to each other. If the states were to split, they + would not only diminish the strength which they are now able to display + toward foreign nations, but they would soon create foreign powers upon + their own territory. A system of inland custom-houses would then be + established; the valleys would be divided by imaginary boundary lines; the + courses of the rivers would be confined by territorial distinctions and a + multitude of hindrances would prevent the Americans from exploring the + whole of that vast continent which Providence has allotted to them for a + dominion. At present they have no invasion to fear, and consequently no + standing armies to maintain, no taxes to levy. If the Union were + dissolved, all these burdensome measures might ere long be required. The + Americans are then very powerfully interested in the maintenance of their + Union. On the other hand, it is almost impossible to discover any sort of + material interest which might at present tempt a portion of the Union to + separate from the other states. + </p> + <p> + When we cast our eyes upon the map of the United States, we perceive the + chain of the Allegany mountains, running from the northeast to the + southwest, and crossing nearly one thousand miles of country; and we are + led to imagine that the design of Providence was to raise, between the + valley of the Mississippi and the coasts of the Atlantic ocean, one of + those natural barriers which break the mutual intercourse of men, and form + the necessary limits of different states. But the average height of the + Alleganies does not exceed 2,500 feet; their greatest elevation is not + above 4,000 feet; their rounded summits, and the spacious valleys which + they conceal within their passes, are of easy access from several sides. + Beside which, the principal rivers that fall into the Atlantic ocean, the + Hudson, the Susquehannah, and the Potomac, take their rise beyond the + Alleganies, in an open district, which borders upon the valley of the + Mississippi. These streams quit this tract of country,{261} make their way + through the barrier which would seem to turn them westward, and as they + wind through the mountains, they open an easy and natural passage to man. + </p> + <p> + No natural barrier exists in the regions which are now inhabited by the + Anglo-Americans; the Alleganies are so far from serving as a boundary to + separate nations, that they do not even serve as a frontier to the states. + New York, Pennsylvania, and Virginia, comprise them within their borders + and extend as much to the west as to the east of the line. + </p> + <p> + The territory now occupied by the twenty-four states of the Union, and the + three great districts which have not yet acquired the rank of states, + although they already contain inhabitants, covers a surface of 1,002,600 + square miles,{262} which is about equal to five times the extent of + France. Within these limits the qualities of the soil, the temperature, + and the produce of the country, are extremely various. The vast extent of + territory occupied by the Anglo-American republics has given rise to + doubts as to the maintenance of the Union. Here a distinction must be + made; contrary interests sometimes arise in the different provinces of a + vast empire, which often terminate in open dissensions; and the extent of + the country is then most prejudicial to the power of the state. But if the + inhabitants of these vast regions are not divided by contrary interests, + the extent of the territory may be favorable to their prosperity; for the + unity of the government promotes the interchange of the different + productions of the soil, and increases their value by facilitating their + consumption. + </p> + <p> + It is indeed easy to discover different interests in the different parts + of the Union, but I am unacquainted with any which are hostile to each + other. The southern states are almost exclusively agricultural; the + northern states are more peculiarly commercial and manufacturing; the + states of the west are at the same time agricultural and manufacturing. In + the south the crops consist of tobacco, of rice, of cotton, and of sugar; + in the north and the west, of wheat and maize; these are different sources + of wealth; but union is the means by which these sources are opened to + all, and rendered equally advantageous to the several districts. + </p> + <p> + The north, which ships the produce of the Anglo-Americans to all parts of + the world, and brings back the produce of the globe to the Union, is + evidently interested in maintaining the confederation in its present + condition, in order that the number of American producers and consumers + may remain as large as possible. The north is the most natural agent of + communication between the south and the west of the Union on the one hand, + and the rest of the world upon the other; the north is therefore + interested in the union and prosperity of the south and the west, in order + that they may continue to furnish raw materials for its manufactures, and + cargoes for its shipping. + </p> + <p> + The south and the west, on their side, are still more directly interested + in the preservation of the Union, and the prosperity of the north. The + produce of the south is for the most part exported beyond seas; the south + and the west consequently stand in need of the commercial resources of the + north. They are likewise interested in the maintenance of a powerful fleet + by the Union, to protect them efficaciously. The south and the west have + no vessels, but they cannot refuse a willing subsidy to defray the + expenses of the navy; for if the fleets of Europe were to blockade the + ports of the south and the delta of the Mississippi, what would become of + the rice of the Carolinas, the tobacco of Virginia, and the sugar and + cotton which grow in the valley of the Mississippi? Every portion of the + federal budget does therefore contribute to the maintenance of material + interests which are common to all the confederate states. + </p> + <p> + Independently of this commercial utility, the south and the west of the + Union derive great political advantages from their connexion with the + north. The south contains an enormous slave population; a population which + is already alarming, and still more formidable for the future. The states + of the west lie in the remoter part of a single valley; and all the rivers + which intersect their territory rise in the Rocky mountains or in the + Alleganies, and fall into the Mississippi, which bears them onward to the + gulf of Mexico. The western states are consequently entirely cut off, by + their position, from the traditions of Europe and the civilisation of the + Old World. The inhabitants of the south, then, are induced to support the + Union in order to avail themselves of its protection against the blacks; + and the inhabitants of the west, in order not to be excluded from a free + communication with the rest of the globe, and shut up in the wilds of + central America. The north cannot but desire the maintenance of the Union, + in order to remain, as it now is, the connecting link between that vast + body and the other parts of the world. + </p> + <p> + The temporal interests of all the several parts of the Union are, then, + intimately connected; and the same assertion holds true respecting those + opinions and sentiments which may be termed the immaterial interests of + men. + </p> + <p> + The inhabitants of the United States talk a great deal of their attachment + to their country; but I confess that I do not rely upon that calculating + patriotism which is founded upon interest, and which a change in the + interest at stake may obliterate. Nor do I attach much importance to the + language of the Americans, when they manifest in their daily conversation, + the intention of maintaining the federal system adopted by their + forefathers. A government retains its sway over a great number of + citizens, far less by the voluntary and rational consent of the multitude, + than by that instinctive and, to a certain extent, involuntary agreement, + which results from similarity of feelings and resemblances of opinion. I + will never admit that men constitute a social body, simply because they + obey the same head and the same laws. Society can only exist when a great + number of men consider a great number of things in the same point of view; + when they hold the same opinions upon many subjects, and when the same + occurrences suggest the same thoughts and impressions to their minds. + </p> + <p> + The observer who examines the present condition of the United States upon + this principle, will readily discover, that although the citizens are + divided into twenty-four distinct sovereignties, they nevertheless + constitute a single people; and he may perhaps be led to think that the + state of the Anglo-American Union is more truly a state of society, than + that of certain nations of Europe which live under the same legislation + and the same prince. + </p> + <p> + Although the Anglo-Americans have several religious sects, they all regard + religion in the same manner. They are not always agreed upon the measures + which are most conducive to good government, and they vary upon some of + the forms of government which it is expedient to adopt; but they are + unanimous upon the general principles which ought to rule human society. + From Maine to the Floridas, and from Missouri to the Atlantic ocean, the + people is held to be the legitimate source of all power. The same notions + are entertained respecting liberty and equality, the liberty of the press, + the right of association, the jury, and the responsibility of the agents + of government. + </p> + <p> + If we turn from their political and religious opinions to the moral and + philosophical principles which regulate the daily actions of life, and + govern their conduct, we shall still find the same uniformity. The + Anglo-Americans{263} acknowledge the absolute moral authority of the + reason of the community, as they acknowledge the political authority of + the mass of citizens; and they hold that public opinion is the surest + arbiter of what is lawful or forbidden, true or false. The majority of + them believe that a man will be led to do what is just and good by + following his own interests, rightly understood. They hold that every man + is born in possession of the right of self-government, and that no one has + the right of constraining his fellow-creatures to be happy. They have all + a lively faith in the perfectibility of man; they are of opinion that the + effects of the diffusion of knowledge must necessarily be advantageous, + and the consequences of ignorance fatal; they all consider society as a + body in a state of improvement, humanity as a changing scene, in which + nothing is, or ought to be, permanent; and they admit that what appears to + them to be good to-day may be superseded by something better to-morrow. I + do not give all these opinions as true, but I quote them as characteristic + of the Americans. + </p> + <p> + The Anglo-Americans are not only united together by those common opinions, + but they are separated from all other nations by a common feeling of + pride. For the last fifty years, no pains have been spared to convince the + inhabitants of the United States that they constitute the only religious, + enlightened, and free people. They perceive that, for the present, their + own democratic institutions succeed, while those of other countries fail; + hence they conceive an overweening opinion of their superiority, and they + are not very remote from believing themselves to belong to a distinct race + of mankind. + </p> + <p> + The dangers which threaten the American Union do not originate in the + diversity of interests or opinions; but in the various characters and + passions of the Americans. The men who inhabit the vast territory of the + United States are almost all the issue of a common stock; but the effects + of the climate, and more especially of slavery, have gradually introduced + very striking differences between the British settler of the southern + states, and the British settler of the north. In Europe it is generally + believed that slavery has rendered the interests of one part of the Union + contrary to those of another part; but I by no means remarked this to be + the case; slavery has not created interests in the south contrary to those + of the north, but it has modified the character and changed the habits of + the natives of the south. + </p> + <p> + I have already explained the influence which slavery has exerted upon the + commercial ability of the Americans in the south; and this same influence + equally extends to their manners. The slave is a servant who never + remonstrates, and who submits to everything without complaint. He may + sometimes assassinate, but he never withstands, his master. In the south + there are no families so poor as not to have slaves. The citizen of the + southern states of the Union is invested with a sort of domestic + dictatorship from his earliest years; the first notion he acquires in life + is, that he is born to command, and the first habit he contracts is that + of being obeyed without resistance. His education tends, then, to give him + the character of a supercilious and a hasty man; irascible, violent, and + ardent in his desires, impatient of obstacles, but easily discouraged if + he cannot succeed upon his first attempt. + </p> + <p> + The American of the northern states is surrounded by no slaves in his + childhood; he is even unattended by free servants; and is usually obliged + to provide for his own wants. No sooner does he enter the world than the + idea of necessity assails him on every side; he soon learns to know + exactly the natural limits of his authority; he never expects to subdue + those who withstand him, by force; and he knows that the surest means of + obtaining the support of his fellow-creatures, is to win their favor. He + therefore becomes patient, reflecting, tolerant, slow to act, and + persevering in his designs. + </p> + <p> + In the southern states the more immediate wants of life are always + supplied; the inhabitants of those parts are not busied in the material + cares of life, which are always provided for by others; and their + imagination is diverted to more captivating and less definite objects. The + American of the south is fond of grandeur, luxury, and renown, of gaiety, + of pleasure, and above all, of idleness; nothing obliges him to exert + himself in order to subsist; and as he has no necessary occupations, he + gives way to indolence, and does not even attempt what would be useful. + </p> + <p> + But the equality of fortunes, and the absence of slavery in the north, + plunge the inhabitants in those same cares of daily life which are + disdained by the white population of the south. They are taught from + infancy to combat want, and to place comfort above all the pleasures of + the intellect or the heart. The imagination is extinguished by the trivial + details of life; and the ideas become less numerous and less general, but + far more practical and more precise. As prosperity is the sole aim of + exertion, it is excellently well attained; nature and mankind are turned + to the best pecuniary advantage; and society is dexterously made to + contribute to the welfare of each of its members, while individual egotism + is the source of general happiness. + </p> + <p> + The citizen of the north has not only experience, but knowledge: + nevertheless, he sets but little value upon the pleasures of knowledge; he + esteems it as the means of obtaining a certain end, and he is only anxious + to seize its more lucrative applications. The citizen of the south is more + given to act upon impulse; he is more clever, more frank, more generous, + more intellectual, and more brilliant. The former, with a greater degree + of activity, of common sense, of information, and of general aptitude, has + the characteristic good and evil qualities of the middle classes. The + latter has the tastes, the prejudices, the weaknesses, and the magnanimity + of all aristocracies. + </p> + <p> + If two men are united in society, who have the same interests, and to a + certain extent the same opinions, but different characters, different + acquirements, and a different style of civilisation, it is probable that + these men will not agree. The same remark is applicable to a society of + nations. + </p> + <p> + Slavery then does not attack the American Union directly in its interests, + but indirectly in its manners. + </p> + <p> + The states which gave their assent to the federal contract in 1790 were + thirteen in number; the Union now consists of twenty-four members. The + population which amounted to nearly four millions in 1790, had more than + tripled in the space of forty years; and in 1830 it amounted to nearly + thirteen millions.{264} Changes of such magnitude cannot take place + without some danger. + </p> + <p> + A society of nations, as well as a society of individuals, derive its + principal chances of duration from the wisdom of its members, their + individual weakness, and their limited number. The Americans who quit the + coasts of the Atlantic ocean to plunge into the western wilderness, are + adventurers impatient of restraint, greedy of wealth, and frequently men + expelled from the states in which they were born. When they arrive in the + deserts, they are unknown to each other; and they have neither traditions, + family feeling, nor the force of example to check their excesses. The + empire of the laws is feeble among them; that of morality is still more + powerless. The settlers who are constantly peopling the valley of the + Mississippi are, then, in every respect inferior to the Americans who + inhabit the older parts of the Union. Nevertheless, they already exercise + a great influence in its councils; and they arrive at the government of + the commonwealth before they have learned to govern themselves.{265} + </p> + <p> + The greater the individual weakness of each of the contracting parties, + the greater are the chances of the duration of the contract; for their + safety is then dependant upon their union. When, in 1790, the most + populous of the American republics did not contain 500,000 + inhabitants,{266} each of them felt its own insignificance as an + independent people, and this feeling rendered compliance with the federal + authority more easy. But when one of the confederate states reckons, like + the State of New York, two millions of inhabitants, and covers an extent + of territory equal in surface to a quarter of France,{267} it feels its + own strength; and although it may continue to support the Union as + advantageous to its prosperity, it no longer regards that body as + necessary to its existence; and, as it continues to belong to the federal + compact, it soon aims at preponderance in the federal assemblies. The + probable unanimity of the states is diminished as their number increases. + At present the interests of the different parts of the Union are not at + variance; but who is able to foresee the multifarious changes of the + future, in a country in which towns are founded from day to day, and + states almost from year to year? + </p> + <p> + Since the first settlement of the British colonies, the number of + inhabitants has about doubled every twenty-two years. I perceive no causes + which are likely to check this progressive increase of the Anglo-American + population for the next hundred years; and before that space of time has + elapsed, I believe that the territories and dependencies of the United + States will be covered by more than a hundred millions of inhabitants, and + divided into forty states.{268} I admit that these hundred millions of men + have no hostile interests; I suppose, on the contrary, that they are all + equally interested in the maintenance of the Union; but I am still of + opinion, that where there are a hundred millions of men, and forty + distinct nations unequally strong, the continuance of the federal + government can only be a fortunate accident. + </p> + <p> + Whatever faith I may have in the perfectibility of man until human nature + is altered, and men wholly transformed, I shall refuse to believe in the + duration of a government which is called upon to hold together forty + different peoples, disseminated over a territory equal to one-half of + Europe in extent; to avoid all rivalry, ambition, and struggles, between + them; and to direct their independent activity to the accomplishment of + the same designs. + </p> + <p> + But the greatest peril to which the Union is exposed by its increase, + arises from the continual changes which take place in the position of its + internal strength. The distance from Lake Superior to the gulf of Mexico + extends from the 47th to the 30th degree of latitude, a distance of more + than twelve hundred miles, as the bird flies. The frontier of the United + States winds along the whole of this immense line; sometimes falling + within its limits, but more frequently extending far beyond it, into the + waste. It has been calculated that the whites advance a mean distance of + seventeen miles along the whole of this vast boundary.{269} Obstacles, + such as an unproductive district, a lake, or an Indian nation unexpectedly + encountered, are sometimes met with. The advancing column then halts for a + while; its two extremities fall back upon themselves, and as soon as they + are reunited they proceed onward. This gradual and continuous progress of + the European race toward the Rocky mountains, has the solemnity of a + providential event; it is like a deluge of men rising unabatedly, and + daily driven onward by the hand of God. + </p> + <p> + Within this first line of conquering settlers, towns are built, and vast + states founded. In 1790 there were only a few thousand pioneers sprinkled + along the valleys of the Mississippi; and at the present day these valleys + contain as many inhabitants as were to be found in the whole Union in + 1790. Their population amounts to nearly four millions.{270} The city of + Washington was founded in 1800, in the very centre of the Union; but such + are the changes which have taken place, that it now stands at one of the + extremities; and the delegates of the most remote western states are + already obliged to perform a journey as long as that from Vienna to + Paris.{271} + </p> + <p> + All the states are borne onward at the same time in the path of fortune, + but of course they do not all increase and prosper in the same proportion. + In the north of the Union detached branches of the Allegany chain, + extending as far as the Atlantic ocean, form spacious roads and ports, + which are constantly accessible to vessels of the greatest burden. But + from the Potomac to the mouth of the Mississippi, the coast is sandy and + flat. In this part of the Union the mouths of almost all the rivers are + obstructed; and the few harbors which exist among these lagunes, afford + much shallower water to vessels, and much fewer commercial advantages than + those of the north. + </p> + <p> + This first natural cause of inferiority is united to another cause + proceeding from the laws. We have already seen that slavery, which is + abolished in the north, still exists in the south; and I have pointed out + its fatal consequences upon the prosperity of the planter himself. + </p> + <p> + The north is therefore superior to the south both in commerce{272} and + manufacture; the natural consequence of which is the more rapid increase + of population and of wealth within its borders. The states situated upon + the shores of the Atlantic ocean are already half-peopled. Most of the + land is held by an owner; and these districts cannot therefore receive so + many emigrants as the western states, where a boundless field is still + open to their exertions. The valley of the Mississippi is far more fertile + than the coast of the Atlantic ocean. This reason, added to all the + others, contributes to drive the Europeans westward—a fact which may + be rigorously demonstrated by figures. It is found that the sum total of + the population of all the United States has about tripled in the course of + forty years. But in the recent states adjacent to the Mississippi, the + population has increased thirty-one fold within the same space of + time.{273} + </p> + <p> + The relative position of the central federal power is continually + displaced. Forty years ago the majority of the citizens of the Union was + established upon the coast of the Atlantic, in the environs of the spot + upon which Washington now stands; but the great body of the people is now + advancing inland and to the north, so that in twenty years the majority + will unquestionably be on the western side of the Alleganies. If the Union + goes on to subsist, the basin of the Mississippi is evidently marked out, + by its fertility and its extent, as the future centre of the federal + government. In thirty or forty years, that tract of country will have + assumed the rank which naturally belongs to it. It is easy to calculate + that its population, compared to that of the coast of the Atlantic, will + be, in round numbers, as 40 to 11. In a few years the states which founded + the Union will lose the direction of its policy, and the population of the + valleys of the Mississippi will preponderate in the federal assemblies. + </p> + <p> + This constant gravitation of the federal power and influence toward the + northwest, is shown every ten years, when a general census of the + population is made, and the number of delegates which each state sends to + congress is settled afresh.{274} In 1790 Virginia had nineteen + representatives in congress. This number continued to increase until the + year 1813, when it reached to twenty-three: from that time it began to + decrease, and in 1833, Virginia elected only twenty-one + representatives.{275} During the same period the state of New York + advanced in the contrary direction; in 1790, it had ten representatives in + congress; in 1813, twenty-seven; in 1823, thirty-four; and in 1833, forty. + The state of Ohio had only one representative in 1803, and in 1833, it had + already nineteen. + </p> + <p> + It is difficult to imagine a durable union of a people which is rich and + strong, with one which is poor and weak, and if it were proved that the + strength and wealth of the one are not the causes of the weakness and + poverty of the other. But union is still move difficult to maintain at a + time at which one party is losing strength, and the other is gaining it. + This rapid and disproportionate increase of certain states threatens the + independence of the others. New York might, perhaps, succeed with its two + millions of inhabitants and its forty representatives, in dictating to the + other states in congress. But even if the more powerful states make no + attempt to bear down the lesser ones, the danger still exists; for there + is almost as much in the possibility of the act as in the act itself. The + weak generally mistrusts the justice and the reason of the strong. The + states which increase less rapidily than the others, look upon those which + are more favored by fortune, with envy and suspicion. Hence arise the + deep-seated uneasiness and ill-defined agitation which are observable in + the south, and which form so striking a contrast to the confidence and + prosperity which are common to other parts of the Union. I am inclined to + think that the hostile measures taken by the southern provinces upon a + recent occasion, are attributable to no other cause. The inhabitants of + the southern states are, of all the Americans, those who are most + interested in the maintenance of the Union; they would assuredly suffer + most from being left to themselves; and yet they are the only citizens who + threaten to break the tie of confederation. But it is easy to perceive + that the south, which has given four presidents, Washington, Jefferson, + Madison, and Monroe, to the Union; which perceives that it is losing its + federal influence, and that the number of its representatives in congress + is diminishing from year to year while those of the northern and western + states are increasing; the south, which is peopled with ardent and + irascible beings, is becoming more and more irritated and alarmed. The + citizens reflect upon their present position and remember their past + influence, with the melancholy uneasiness of men who suspect oppression: + if they discover a law of the Union which is not unequivocally favorable + to their interests, they protest against it as an abuse of force; and if + their ardent remonstrances are not listened to, they threaten to quit an + association which loads them with burdens while it deprives them of their + due profits. "The tariff," said the inhabitants of Carolina in 1832, + "enriches the north, and ruins the south; for if this were not the case, + to what can we attribute the continually increasing power and wealth of + the north, with its inclement skies and arid soil; while the south, which + may be styled the garden of America, is rapidly declining."{276} If the + changes which I have described were gradual, so that each generation at + least might have time to disappear with the order of things under which it + had lived, the danger would be less: but the progress of society in + America is precipitate, and almost revolutionary. The same citizen may + have lived to see his state take the lead in the Union, and afterward + become powerless in the federal assemblies; and an Anglo-American republic + has been known to grow as rapidly as a man, passing from birth and infancy + to maturity in the course of thirty years. It must not be imagined, + however, that the states which lose their preponderance, also lose their + population or their riches; no stop is put to their prosperity, and they + even go on to increase more rapidly than any kingdom in Europe.{277} But + they believe themselves to be impoverished because their wealth does not + augment as rapidly as that of their neighbors; and they think that their + power is lost, because they suddenly come into collision with a power + greater than their own.{278} Thus they are more hurt in their feelings and + their passions, than in their interests. But this is amply sufficient to + endanger the maintenance of the Union. If kings and peoples had only had + their true interests in view, ever since the beginning of the world, the + name of war would scarcely be known among mankind. + </p> + <p> + Thus the prosperity of the United States is the source of the most serious + dangers that threaten them, since it tends to create in some of the + confederate states that over-excitement which accompanies a rapid increase + of fortune; and to awaken in others those feelings of envy, mistrust, and + regret, which usually attend upon the loss of it. The Americans + contemplate this extraordinary and hasty progress with exultation; but + they would be wiser to consider it with sorrow and alarm. The Americans of + the United States must inevitably become one of the greatest nations in + the world; their offset will cover almost the whole of North America; the + continent which they inhabit is their dominion, and it cannot escape them. + What urges them to take possession of it so soon? Riches, power, and + renown, cannot fail to be theirs at some future time; but they rush upon + their fortune as if but a moment remained for them to make it their own. + </p> + <p> + I think I have demonstrated, that the existence of the present + confederation depends entirely on the continued assent of all the + confederates; and, starting from this principle, I have inquired into the + causes which may induce any of the states to separate from the others. The + Union may, however, perish in two different ways: one of the confederate + states may choose to retire from the compact, and so forcibly sever the + federal tie; and it is to this supposition that most of the remarks which + I have made apply: or the authority of the federal government may be + progressively intrenched on by the simultaneous tendency of the united + republics to resume their independence. The central power, successively + stripped of all its prerogatives, and reduced to impotence by tacit + consent, would become incompetent to fulfil its purpose; and the second + Union would perish, like the first, by a sort of senile inaptitude. The + gradual weakening of the federal tie, which may finally lead to the + dissolution of the Union, is a distinct circumstance, that may produce a + variety of minor consequences before it operates so violent a change. The + confederation might still subsist, although its government were reduced to + such a degree of inanition as to paralyze the nation, to cause internal + anarchy, and to check the general prosperity of the country. + </p> + <p> + After having investigated the causes which may induce the Anglo-Americans + to disunite, it is important to inquire whether, if the Union continues to + subsist, their government will extend or contract its sphere of action, + and whether it will become more energetic or more weak. + </p> + <p> + The Americans are evidently disposed to look upon their future condition + with alarm. They perceive that in most of the nations of the world, the + exercise of the rights of sovereignty tends to fall under the control of a + few individuals, and they are dismayed by the idea that such will also be + the case in their own country. Even the statesmen feel, or affect to feel, + these fears; for, in America, centralization is by no means popular, and + there is no surer means of courting the majority, than by inveighing + against the encroachments of the central power. The Americans do not + perceive that the countries in which this alarming tendency to + centralization exists, are inhabited by a single people; while the fact of + the Union being composed of different confederate communities, is + sufficient to baffle all the inferences which might be drawn from + analogous circumstances. I confess that I am inclined to consider the + fears of a great number of Americans as purely imaginary; and far from + participating in their dread of the consolidation of power in the hands of + the Union, I think that the federal government is visibly losing strength. + </p> + <p> + To prove this assertion I shall not have recourse to any remote + occurrences, but to circumstances which I have myself observed, and which + belong to our own time. + </p> + <p> + An attentive examination of what is going on in the United States, will + easily convince us that two opposite tendencies exist in that country, + like two distinct currents flowing in contrary directions in the same + channel. The Union has now existed for forty-five years, and in the course + of that time a vast number of provincial prejudices, which were at first + hostile to its power, have died away. The patriotic feeling which attached + each of the Americans to his own native state is become less exclusive; + and the different parts of the Union have become more intimately connected + the better they have become acquainted with each other. The post,{279} + that great instrument of intellectual intercourse, now reaches into the + backwoods; and steamboats have established daily means of communication + between the different points of the coast. An inland navigation of + unexampled rapidity conveys commodities up and down the rivers of the + country.{280} And to these facilities of nature and art may be added those + restless cravings, that busymindedness, and love of self, which are + constantly urging the American into active life, and bringing him into + contact with his fellow-citizens. He crosses the country in every + direction; he visits all the various populations of the land; and there is + not a province in France, in which the natives are so well known to each + other as the thirteen millions of men who cover the territory of the + United States. + </p> + <p> + But while the Americans intermingle, they grow in resemblance of each + other; the differences resulting from their climate, their origin, and + their institutions diminish; and they all draw nearer and nearer to the + common type. Every year, thousands of men leave the north to settle in + different parts of the Union; they bring with them their faith, their + opinions, and their manners; and as they are more enlightened than the men + among whom they are about to dwell, they soon rise to the head of affairs + and they adapt society to their own advantage. This continual emigration + of the north to the south is peculiarly favorable to the fusion of all the + different provincial characters into one national character. The + civilisation of the north appears to be the common standard, to which the + whole nation will one day be assimilated. + </p> + <p> + The commercial ties which unite the confederate states are strengthened by + the increasing manufactures of the Americans; and the union which began to + exist in their opinions, gradually forms a part of their habits: the + course of time has swept away the bugbear thoughts which haunted the + imaginations of the citizens in 1789. The federal power is not become + oppressive; it has not destroyed the independence of the states; it has + not subjected the confederates to monarchical institutions; and the Union + has not rendered the lesser states dependant upon the larger ones; but the + confederation has continued to increase in population, in wealth, and in + power. I am therefore convinced that the natural obstacles to the + continuance of the American Union are not so powerful at the present time + as they were in 1789; and that the enemies of the Union are not so + numerous. + </p> + <p> + Nevertheless, a careful examination of the history of the United States + for the last forty-five years, will readily convince us that the federal + power is declining; nor is it difficult to explain the causes of this + phenomenon. When the constitution of 1789 was promulgated, the nation was + a prey to anarchy; the Union, which succeeded this confusion, excited much + dread and much animosity; but it was warmly supported because it satisfied + an imperious want. Thus, although it was more attacked than it is now, the + federal power soon reached the maximum of its authority, as is usually the + case with a government which triumphs after having braced its strength by + the struggle. At that time the interpretation of the constitution seemed + to extend rather than to repress, the federal sovereignty; and the Union + offered, in several respects, the appearance of a single and undivided + people, directed in its foreign and internal policy by a single + government. But to attain this point the people had risen, to a certain + extent, above itself. + </p> + <p> + The constitution had not destroyed the distinct sovereignty of the states; + and all communities, of whatever nature they may be, are impelled by a + secret propensity to assert their independence. This propensity is still + more decided in a country like America, in which every village forms a + sort of republic accustomed to conduct its own affairs. It therefore cost + the states an effort to submit to the federal supremacy; and all efforts, + however successful they may be, necessarily subside with the causes in + which they originated. + </p> + <p> + As the federal government consolidated its authority, America resumed its + rank among the nations, peace returned to its frontiers, and public credit + was restored; confusion was succeeded by a fixed state of things which was + favorable to the full and free exercise of industrious enterprise. It was + this very prosperity which made the Americans forget the cause to which it + was attributable; and when once the danger was passed, the energy and the + patriotism which had enabled them to brave it, disappeared from among + them. No sooner were they delivered from the cares which oppressed them, + than they easily returned to their ordinary habits, and gave themselves up + without resistance to their natural inclinations. When a powerful + government no longer appeared to be necessary, they once more began to + think it irksome. The Union encouraged a general prosperity, and the + states were not inclined to abandon the Union; but they desired to render + the action of the power which represented that body as light as possible. + The general principle of union was adopted, but in every minor detail + there was an actual tendency to independence. The principle of + confederation was every day more easily admitted and more rarely applied; + so that the federal government brought about its own decline, while it was + creating order and peace. + </p> + <p> + As soon as this tendency of public opinion began to be manifested + externally, the leaders of parties, who live by the passions of the + people, began to work it to their own advantage. The position of the + federal government then became exceedingly critical. Its enemies were in + possession of the popular favor; and they obtained the right of conducting + its policy by pledging themselves to lessen its influence. From that time + forward, the government of the Union has invariably been obliged to + recede, as often as it has attempted to enter the lists with the + government of the states. And whenever an interpretation of the terms of + the federal constitution has been called for, that interpretation has most + frequently been opposed to the Union, and favorable to the states. + </p> + <p> + The constitution invested the federal government with the right of + providing for the interests of the nation; and it has been held that no + other authority was so fit to superintend the "internal improvements" + which affected the prosperity of the whole Union; such, for instance, as + the cutting of canals. But the states were alarmed at a power, distinct + from their own, which could thus dispose of a portion of their territory, + and they were afraid that the central government would, by this means, + acquire a formidable extent of patronage within their own confines, and + exercise a degree of influence which they intended to reserve exclusively + to their own agents. The democratic party, which has constantly been + opposed to the increase of the federal authority, then accused the + congress of usurpation, and the chief magistrate of ambition. The central + government was intimidated by the opposition; and it soon acknowledged its + error, promising exactly to confine its influence, for the future, within + the circle which was prescribed to it. + </p> + <p> + The constitution confers upon the Union the right of treating with foreign + nations. The Indian tribes, which border upon the frontiers of the United + States, have usually been regarded in this light. As long as these savages + consented to retire before the civilized settlers, the federal right was + not contested; but as soon as an Indian tribe attempted to fix its + dwelling upon a given spot, the adjacent states claimed possession of the + lands and the rights of sovereignty over the natives. The central + government soon recognized both these claims; and after it had concluded + treaties with the Indians as independent nations, it gave them up as + subjects to the legislative tyranny of the states.{281} + </p> + <p> + Some of the states which had been founded upon the coast of the Atlantic, + extended indefinitely to the west, into wild regions, where no European + had ever penetrated. The states whose confines were irrevocably fixed, + looked with a jealous eye upon the unbounded regions which the future + would enable their neighbors to explore. The latter then agreed, with a + view to conciliate the others, and to facilitate the act of union, to lay + down their own boundaries, and to abandon all the territory which lay + beyond those limits to the confederation at large.{282} Thenceforward the + federal government became the owner of all the uncultivated lands which + lie beyond the borders of the thirteen states first confederated. It was + invested with the right of parcelling and selling them, and the sums + derived from this source were exclusively reserved to the public treasury + of the Union, in order to furnish supplies for purchasing tracts of + country from the Indians, for opening roads to the remote settlements, and + for accelerating the increase of civilisation as much as possible. New + states have, however, been formed in the course of time, in the midst of + those wilds which were formerly ceded by the inhabitants of the shores of + the Atlantic. Congress has gone on to sell, for the profit of the nation + at large, the uncultivated lands which those new states contained. But the + latter at length asserted that, as they were now fully constituted, they + ought to enjoy the exclusive right of converting the produce of these + sales to their own use. As their remonstrances became more and more + threatening, congress thought fit to deprive the Union of a portion of the + privileges which it had hitherto enjoyed; and at the end of 1832 it passed + a law by which the greatest part of the revenue derived from the sale of + lands was made over to the new western republics, although the lands + themselves were not ceded to them.{283} + </p> + <p> + {The remark of the author, that "whenever an interpretation of the terms + of the federal constitution has been called for, that interpretation has + most frequently been opposed to the Union, and favorable to the states" + requires considerable qualification. The instances which the author cites, + are those of <i>legislative</i> interpretations, not those made by the + judiciary. It may be questioned whether any of those cited by him are fair + instances of <i>interpretation</i>. Although the then president and many + of his friends doubted or denied the power of congress over many of the + subjects mentioned by the author, yet the omission to exercise the power + thus questioned, did not proceed wholly from doubts of the constitutional + authority. It must be remembered that all these questions affected local + interests of the states or districts represented in congress, and the + author has elsewhere shown the tendency of the local feeling to overcome + all regard for the abstract interest of the Union. Hence many members have + voted on these questions without reference to the constitutional question, + and indeed without entertaining any doubt of their power. These instances + may afford proof that the federal power is declining, as the author + contends, but they do not prove any actual interpretation of the + constitution. And so numerous and various are the circumstances to + influence the decision of a legislative body like the congress of the + United States, that the people do not regard them as sound and + authoritative expositions of the true sense of the constitution, except + perhaps in those very few cases, where there has been a constant and + uninterrupted practice from the organization of the government. The + judiciary is looked to as the only authentic expounder of the + constitution, and until a law of congress has passed that ordeal, its + constitutionality is open to question: of which our history furnishes many + examples ... There are errors in some of the instances given by our + author, which would materially mislead, if not corrected. That in relation + to the Indians proceeds upon the assumption that the United States claimed + some rights over Indians or the territory occupied by them, inconsistent + with the claims of the states. But this is a mistake. As to their lands, + the United States never pretended to any right in them, except such as was + granted by the cessions of the states. The principle universally + acknowledged in the courts of the United States and of the several states, + is, that by the treaty with Great Britain in which the independence of the + colonies was acknowledged, the states became severally and individually + independent, and as such succeeded to the rights of the crown of England + to and over the lands within the boundaries of the respective states. The + right of the crown in these lands was the absolute ownership, subject only + to the rights of occupancy by the Indians so long as they remained a + tribe. This right devolved to each state by the treaty which established + their independence, and the United States have never questioned it. See + 6th Cranch, 87; 8th Wheaton, 502, 884; 17th Johnson's Reports, 231. On the + other hand, the right of holding treaties with the Indians has universally + been conceded to the United States. The right of a state to the lands + occupied by the Indians, within the boundaries of such state, does not in + the least conflict with the right of holding treaties on national subjects + by the United States with those Indians. With respect to Indians residing + in any territory <i>without</i> the boundaries of any state, or on lands + ceded to the United States, the case is different; the United States are + in such cases the proprietors of the soil, subject to the Indian right of + occupancy, and when that right is extinguished the proprietorship becomes + absolute. It will be seen, then, that in relation to the Indians and their + lands, no question could arise respecting the interpretation of the + constitution. The observation that "as soon as an Indian tribe attempted + to fix its dwelling upon a given spot, the adjacent states claimed + possession of the lands, and the rights of sovereignty over the natives"—is + a strange compound of error and of truth. As above remarked, the Indian + right of occupancy has ever been recognized by the states, with the + exception of the case referred to by the author, in which Georgia claimed + the right to possess certain lands occupied by the Cherokees. This was + anomalous, and grew out of treaties and cessions, the details of which are + too numerous and complicated for the limits of a note. But in no other + cases have the states ever claimed the possession of lands occupied by + Indians, without having previously extinguished their right by purchase. + </p> + <p> + As to the rights of sovereignty over the natives, the principle admitted + in the United States is that all persons within the territorial limits of + a state are and of necessity must be, subject to the jurisdiction of its + laws. While the Indian tribes were numerous, distinct, and separate from + the whites, and possessed a government of their own, the state + authorities, from considerations of policy, abstained from the exercise of + criminal jurisdiction for offences committed by the Indians among + themselves, although for offences against the whites they were subjected + to the operation of the state laws. But as these tribes diminished in + numbers, as those who remained among them became enervated by bad habits, + and ceased to exercise any effectual government, humanity demanded that + the power of the states should be interposed to protect the miserable + remnants from the violence and outrage of each other. The first recorded + instance of interposition in such a case was in 1821, when an Indian of + the Seneca tribe in the state of New York was tried and convicted of + murder on a squaw of the tribe. The courts declared their competency to + take cognizance of such offences, and the legislature confirmed the + declaration by a law.—Another instance of what the author calls + interpretation of the constitution against the general government, is + given by him in the proposed act of 1832, which passed both houses of + congress, but was vetoed by the president, by which, as he says, "the + greatest part of the revenue derived from the sale of lands, was made over + to the new western republics." But this act was not founded on any doubt + of the title of the United States to the lands in question, or of its + constitutional power over them, and cannot be cited as any evidence of the + interpretation of the constitution. An error of fact in this statement + ought to be corrected. The bill to which the author refers, is doubtless + that usually called Mr. Clay's land bill. Instead of making over the + greatest part of the revenue to the new states, it appropriated twelve and + a half per cent. to them, in addition to five per cent. which had been + originally granted for the purpose of making roads. See Niles's Register, + vol. 42, p. 355.—<i>American Editor.</i>} + </p> + <p> + The slightest observation in the United States enables one to appreciate + the advantages which the country derives from the bank. These advantages + are of several kinds, but one of them is peculiarly striking to the + stranger. The bank-notes of the United States are taken upon the borders + of the desert for the same value as at Philadelphia, where the bank + conducts its operations.{284} + </p> + <p> + The bank of the United States is nevertheless an object of great + animosity. Its directors have proclaimed their hostility to the president; + and they are accused, not without some show of probability, of having + abused their influence to thwart his election. The president therefore + attacks the establishment which they represent, with all the warmth of + personal enmity; and he is encouraged in the pursuit of his revenge by the + conviction that he is supported by the secret propensities of the + majority. The bank may be regarded as the great monetary tie of the Union, + just as congress is the great legislative tie; and the same passions which + tend to render the states independent of the central power, contribute to + the overthrow of the bank. + </p> + <p> + The bank of the United States always holds a great number of the notes + issued by the provincial banks, which it can at any time oblige them to + convert into cash. It has itself nothing to fear from a similar demand, as + the extent of its resources enables it to meet all claims. But the + existence of the provincial banks is thus threatened, and their operations + are restricted, since they are only able to issue a quantity of notes duly + proportioned to their capital. They submit with impatience to this + salutary control. The newspapers which they have bought over, and the + president, whose interest renders him their instrument, attack the bank + with the greatest vehemence. They rouse the local passions, and the blind + democratic instinct of the country to aid their cause; and they assert + that the bank-directors form a permanent aristocratic body, whose + influence must ultimately be felt in the government, and must affect those + principles of equality upon which society rests in America. + </p> + <p> + The contest between the bank and its opponents is only an incident in the + great struggle which is going on in America between the provinces and the + central power; between the spirit of democratic independence, and the + spirit of gradation and subordination. I do not mean that the enemies of + the bank are identically the same individuals, who, on other points, + attack the federal government; but I assert that the attacks directed + against the bank of the United States originate in the propensities which + militate against the federal government; and that the very numerous + opponents of the former afford a deplorable symptom of the decreasing + support of the latter. + </p> + <p> + The Union has never displayed so much weakness as in the celebrated + question of the tariff.{285} The wars of the French revolution and of 1812 + had created manufacturing establishments in the north of the Union, by + cutting off all free communication between America and Europe. When peace + was concluded, and the channel of intercourse reopened by which the + produce of Europe was transmitted to the New World, the Americans thought + fit to establish a system of import duties, for the twofold purpose of + protecting their incipient manufactures, and of paying off the amount of + the debt contracted during the war. The southern states, which have no + manufactures to encourage, and which are exclusively agricultural, soon + complained of this measure. Such were the simple facts, and I do not + pretend to examine in this place whether their complaints were well + founded or unjust. + </p> + <p> + As early as the year 1820, South Carolina declared, in a petition to + Congress, that the tariff was "unconstitutional, oppressive, and unjust." + And the states of Georgia, Virginia, North Carolina, Alabama, and + Mississippi, subsequently remonstrated against it with more or less vigor. + But Congress, far from lending an ear to these complaints, raised the + scale of tariff duties in the years 1824 and 1828, and recognized anew the + principle on which it was founded. A doctrine was then proclaimed, or + rather revived, in the south, which took the name of nullification. + </p> + <p> + I have shown in the proper place that the object of the federal + constitution was not to form a league, but to create a national + government. The Americans of the United States form a sole and undivided + people, in all the cases which are specified by that constitution; and + upon these points the will of the nation is expressed, as it is in all + constitutional nations, by the voice of the majority. When the majority + has pronounced its decision, it is the duty of the minority to submit. + Such is the sound legal doctrine, and the only one which agrees with the + text of the constitution, and the known intention of those who framed it. + </p> + <p> + The partisans of nullification in the south maintain, on the contrary, + that the intention of the Americans in uniting was not to reduce + themselves to the condition of one and the same people; that they meant to + constitute a league of independent states; and that each state, + consequently, retains its entire sovereignty, if not <i>de facto</i>, at + least <i>de jure</i>; and has the right of putting its own construction + upon the laws of congress, and of suspending their execution within the + limits of its own territory, if they are held to be unconstitutional or + unjust. + </p> + <p> + The entire doctrine of nullification is comprised in a sentence uttered by + Vice-President Calhoun, the head of that party in the south, before the + senate of the United States, in the year 1833: "The constitution is a + compact to which the states were parties in their sovereign capacity; now, + whenever a contract is entered into by parties which acknowledge no + tribunal above their authority to decide in the last resort, each of them + has a right to judge for himself in relation to the nature, extent, and + obligations of the instrument." It is evident that a similar doctrine + destroys the very basis of the federal constitution, and brings back all + the evils of the old confederation, from which the Americans were supposed + to have had a safe deliverance. + </p> + <p> + When South Carolina perceived that Congress turned a deaf ear to its + remonstrances, it threatened to apply the doctrine of nullification to the + federal tariff bill. Congress persisted in its former system; and at + length the storm broke out. In the course of 1832 the citizens of South + Carolina{286} named a national {state} convention, to consult upon the + extraordinary measures which they were called upon to take; and on the + 24th November of the same year, this convention promulgated a law, under + the form of a decree, which annulled the federal law of the tariff, + forbade the levy of the imposts which that law commands, and refused to + recognize the appeal which might be made to the federal courts of + law.{287} This decree was only to be put into execution in the ensuing + month of February, and it was intimated, that if Congress modified the + tariff before that period, South Carolina might be induced to proceed no + farther with her menaces; and a vague desire was afterward expressed of + submitting the question to an extraordinary assembly of all the + confederate states. + </p> + <p> + In the meantime South Carolina armed her militia, and prepared for war. + But congress, which had slighted its suppliant subjects, listened to their + complaints as soon as they were found to have taken up arms.{288} A law + was passed, by which the tariff duties were to be progressively reduced + for ten years, until they were brought so low as not to exceed the amount + of supplies necessary to the government.{289} Thus congress completely + abandoned the principle of the tariff; and substituted a mere fiscal + impost for a system of protective duties.{290} The government of the + Union, in order to conceal its defeat, had recourse to an expedient which + is very much in vogue with feeble governments. It yielded the point <i>de + facto</i>, but it remained inflexible upon the principles in question; and + while congress was altering the tariff law, it passed another bill, by + which the president was invested with extraordinary powers, enabling him + to overcome by force a resistance which was then no longer to be + apprehended. + </p> + <p> + But South Carolina did not consent to leave the Union in the enjoyment of + these scanty trophies of success: the same national {state} convention + which annulled the tariff bill, met again, and accepted the proffered + concession: but at the same time it declared its unabated perseverance in + the doctrine of nullification; and to prove what it said, it annulled the + law investing the president with extraordinary powers, although it was + very certain that the clauses of that law would never be carried into + effect. + </p> + <p> + Almost all the controversies of which I have been speaking have taken + place under the presidency of General Jackson; and it cannot be denied + that in the question of the tariff he has supported the claims of the + Union with vigor and with skill. I am however of opinion that the conduct + of the individual who now represents the federal government, may be + reckoned as one of the dangers which threaten its continuance. + </p> + <p> + Some persons in Europe have formed an opinion of the possible influence of + General Jackson upon the affairs of his country, which appears highly + extravagant to those who have seen more of the subject. We have been told + that General Jackson has won sundry battles, that he is an energetic man, + prone by nature and by habit to the use of force, covetous of power, and a + despot by taste. All this may perhaps be true; but the inferences which + have been drawn from these truths are exceedingly erroneous. It has been + imagined that General Jackson is bent on establishing a dictatorship in + America, on introducing a military spirit, and on giving a degree of + influence to the central authority which cannot but be dangerous to + provincial liberties. But in America, the time for similar undertakings, + and the age for men of this kind, is not yet come; if General Jackson had + entertained a hope of exercising his authority in this manner, he would + infallibly have forfeited his political station, and compromised his life; + accordingly he has not been so imprudent as to make any such attempt. + </p> + <p> + Far from wishing to extend the federal power, the president belongs to the + party which is desirous of limiting that power to the bare and precise + letter of the constitution, and which never puts a construction upon that + act, favorable to the government of the Union; far from standing forth as + the champion of centralization, General Jackson is the agent of all the + jealousies of the states; and he was placed in the lofty station he + occupies, by the passions of the people which are most opposed to the + central government. It is by perpetually flattering these passions, that + he maintains his station and his popularity. General Jackson is the slave + of the majority: he yields to its wishes, its propensities, and its + demands; say rather, that he anticipates and forestalls them. + </p> + <p> + Whenever the governments of the states come into collision with that of + the Union, the president is generally the first to question his own + rights: he almost always outstrips the legislature; and when the extent of + the federal power is controverted he takes part, as it were, against + himself; he conceals his official interests, and extinguishes his own + natural inclinations. Not indeed that he is naturally weak or hostile to + the Union; for when the majority decided against the claims of the + partisans of nullification, he put himself at its head, asserted the + doctrines which the nation held, distinctly and energetically, and was the + first to recommend forcible measures; but General Jackson appears to me, + if I may use the American expressions, to be a federalist by taste, and a + republican by calculation. + </p> + <p> + General Jackson stoops to gain the favor of the majority but when he feels + that his popularity is secure, he overthrows all obstacles in the pursuit + of the objects which the community approves, or of those which it does not + look upon with a jealous eye. He is supported by a power with which his + predecessors were unacquainted; and he tramples on his personal enemies + wherever they cross his path, with a facility which no former president + ever enjoyed; he takes upon himself the responsibility of measures which + no one, before him, would have ventured to attempt; he even treats the + national representatives with disdain approaching to insult; he puts his + veto upon the laws of congress, and frequently neglects to reply to that + powerful body. He is a favorite who sometimes treats his master roughly. + The power of General Jackson perpetually increases; but that of the + President declines: in his hands the federal government is strong, but it + will pass enfeebled into the hands of his successor. + </p> + <p> + I am strangely mistaken if the federal government of the United States be + not constantly losing strength, retiring gradually from public affairs, + and narrowing its circle of action more and more. It is naturally feeble, + but it now abandons even its pretensions to strength. On the other hand, I + thought that I remarked a more lively sense of independence, and a more + decided attachment to provincial government, in the states. The Union is + to subsist, but to subsist as a shadow; it is to be strong in certain + cases, and weak in all others; in time of warfare, it is to be able to + concentrate all the forces of the nation and all the resources of the + country in its hands; and in time of peace its existence is to be scarcely + perceptible: as if this alternate debility and vigor were natural or + possible. + </p> + <p> + I do not foresee anything for the present which may be able to check this + general impulse of public opinion: the causes in which it originated do + not cease to operate with the same effect. The change will therefore go + on, and it may be predicted that, unless some extraordinary event occurs, + the government of the Union will grow weaker and weaker every day. + </p> + <p> + I think, however, that the period is still remote, at which the federal + power will be entirely extinguished by its inability to protect itself and + to maintain peace in the country. The Union is sanctioned by the manners + and desires of the people; its results are palpable, its benefits visible. + When it is perceived that the weakness of the federal government + compromises the existence of the Union, I do not doubt that a reaction + will take place with a view to increase its strength. + </p> + <p> + The government of the United States is, of all the federal governments + which have hitherto been established, the one which is most naturally + destined to act. As long as it is only indirectly assailed by the + interpretation of its laws, and as long as its substance is not seriously + altered, a change of opinion, an internal crisis, or a war, may restore + all the vigor which it requires. The point which I have been most anxious + to put in a clear light is simply this; many people, especially in France, + imagine that a change of opinion is going on in the United States, which + is favorable to a centralization of power in the hands of the president + and the congress. I hold that a contrary tendency may be distinctly + observed. So far is the federal government from acquiring strength, and + from threatening the sovereignty of the states, as it grows older, that I + maintain it to be growing weaker and weaker, and that the sovereignty of + the Union alone is in danger. Such are the facts which the present time + discloses. The future conceals the final result of this tendency, and the + events which may check, retard, or accelerate, the changes I have + described; but I do not affect to be able to remove the veil which hides + them from our sight. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + OF THE REPUBLICAN INSTITUTIONS OF THE UNITED STATES, AND WHAT THEIR + CHANCES OF DURATION ARE. + </p> + <p> + The Union is Accidental.—The Republican Institutions have more + prospect of Permanence.—A Republic for the Present the Natural State + of the Anglo-Americans.—Reason of this.—In order to destroy + it, all Laws must be changed at the same time, and a great alteration take + place in Manners.—Difficulties experienced by the Americans in + creating an Aristocracy. + </p> + <p> + The dismemberment of the Union, by the introduction of war into the heart + of those states which are now confederate, with standing armies, a + dictatorship, and a heavy taxation, might eventually compromise the fate + of the republican institutions. But we ought not to confound the future + prospects of the republic with those of the Union. The Union is an + accident, which will last only so long as circumstances are favorable to + its existence; but a republican form of government seems to me to be the + natural state of the Americans; which nothing but the continued action of + hostile causes, always acting in the same direction, could change into a + monarchy. The Union exists principally in the law which formed it; one + revolution, one change in public opinion, might destroy it for ever; but + the republic has a much deeper foundation to rest upon. + </p> + <p> + What is understood by republican government in the United States, is the + slow and quiet action of society upon itself. It is a regular state of + things really founded upon the enlightened will of the people. It is a + conciliatory government under which resolutions are allowed time to ripen, + and in which they are deliberately discussed, and executed with mature + judgment. The republicans in the United States set a high value upon + morality, respect religious belief, and acknowledge the existence of + rights. They profess to think that a people ought to be moral, religious, + and temperate, in proportion as it is free. What is called the republic in + the United States, is the tranquil rule of the majority, which, after + having had time to examine itself, and to give proof of its existence, is + the common source of all the powers of the state. But the power of the + majority is not of itself unlimited. In the moral world humanity, justice, + and reason, enjoy an undisputed supremacy; in the political world vested + rights are treated with no less deference. The majority recognizes these + two barriers; and if it now and then overstep them, it is because, like + individuals, it has passions, and like them, it is prone to do what is + wrong, while it discerns what is right. + </p> + <p> + But the demagogues of Europe have made strange discoveries. A republic is + not, according to them, the rule of the majority, as has hitherto been + taught, but the rule of those who are strenuous partisans of the majority. + It is not the people who preponderates in this kind of government, but + those who best know what is for the good of the people. A happy + distinction, which allows men to act in the name of nations without + consulting them, and to claim their gratitude while their rights are + spurned. A republican government, moreover, is the only one which claims + the right of doing whatever it chooses, and despising what men have + hitherto respected, from the highest moral obligations to the vulgar rules + of common sense. It had been supposed, until our time, that despotism was + odious, under whatever form it appeared. But it is a discovery of modern + days that there are such things as legitimate tyranny and holy injustice, + provided they are exercised in the name of the people. + </p> + <p> + The ideas which the Americans have adopted respecting the republican form + of government, render it easy for them to live under it, and ensure its + duration. If, in their country, this form be often practically bad, at + least it is theoretically good; and, in the end, the people always acts in + conformity with it. + </p> + <p> + It was impossible, at the foundation of the states, and it would still be + difficult, to establish a central administration in America. The + inhabitants are dispersed over too great a space, and separated by too + many natural obstacles, for one man to undertake to direct the details of + their existence. America is therefore pre-eminently the country of + provincial and municipal government. To this cause, which was plainly felt + by all the Europeans of the New World, the Anglo-Americans added several + others peculiar to themselves. + </p> + <p> + At the time of the settlement of the North American colonies, municipal + liberty had already penetrated into the laws as well as the manners of the + English, and the emigrants adopted it, not only as a necessary thing, but + as a benefit which they knew how to appreciate. We have already seen the + manner in which the colonies were founded: every province, and almost + every district, was peopled separately by men who were strangers to each + other, or who associated with very different purposes. The English + settlers in the United States, therefore, early perceived that they were + divided into a great number of small and distinct communities which + belonged to no common centre; and that it was needful for each of these + little communities to take care of its own affairs, since there did not + appear to be any central authority which was naturally bound and easily + enabled to provide for them. Thus, the nature of the country, the manner + in which the British colonies were founded, the habits of the first + emigrants, in short everything, united to promote, in an extra-ordinary + degree, municipal and provincial liberties. + </p> + <p> + In the United States, therefore, the mass of the institutions of the + country is essentially republican; and in order permanently to destroy the + laws which form the basis of the republic, it would be necessary to + abolish all the laws at once. At the present day, it would be even more + difficult for a party to succeed in founding a monarchy in the United + States, than for a set of men to proclaim that France should henceforward + be a republic. Royalty would not find a system of legislation prepared for + it beforehand; and a monarchy would then exist, really surrounded by + republican institutions. The monarchical principle would likewise have + great difficulty in penetrating into the manners of the Americans. + </p> + <p> + In the United States, the sovereignty of the people is not an isolated + doctrine bearing no relation to the prevailing manners and ideas of the + people: it may, on the contrary, be regarded as the last link of a chain + of opinions which binds the whole Anglo-American world. That Providence + has given to every human being the degree of reason necessary to direct + himself in the affairs which interest him exclusively; such is the grand + maxim upon which civil and political society rests in the United States. + The father of a family applies it to his children; the master to his + servants; the township to its officers; the province to its townships; the + state to the provinces; the Union to the states; and when extended to the + nation, it becomes the doctrine of the sovereignty of the people. + </p> + <p> + Thus, in the United States, the fundamental principle of the republic is + the same which governs the greater part of human actions; republican + notions insinuate themselves into all the ideas, opinions, and habits of + the Americans, while they are formally recognized by the legislation: and + before this legislation can be altered, the whole community must undergo + very serious changes. In the United States, even the religion of most of + the citizens is republican, since it submits the truths of the other world + to private judgment: as in politics the care of its temporal interests is + abandoned to the good sense of the people. Thus every man is allowed + freely to take that road which he thinks will lead him to heaven; just as + the law permits every citizen to have the right of choosing his + government. + </p> + <p> + It is evident that nothing but a long series of events, all having the + same tendency, can substitute for this combination of laws, opinions, and + manners, a mass of opposite opinions, manners and laws. + </p> + <p> + If republican principles are to perish in America, they can only yield + after a laborious social process, often interrupted, and as often resumed; + they will have many apparent revivals, and will not become totally extinct + until an entirely new people shall have succeeded to that which now + exists. Now, it must be admitted that there is no symptom or presage of + the approach of such a revolution. There is nothing more striking to a + person newly arrived in the United States, than the kind of tumultuous + agitation in which he finds political society. The laws are incessantly + changing, and at first sight it seems impossible that a people so variable + in its desires should avoid adopting, within a short space of time, a + completely new form of government. Such apprehensions are, however, + premature; the instability which affects political institutions is of two + kinds, which ought not to be confounded: the first, which modifies + secondary laws, is not incompatible with a very settled state of society; + the other shakes the very foundations of the constitution, and attacks the + fundamental principles of legislation; this species of instability is + always followed by troubles and revolutions, and the nation which suffers + under it, is in a state of violent transition. + </p> + <p> + Experience shows that these two kinds of legislative instability have no + necessary connexion; for they have been found united or separate, + according to times and circumstances. The first is common in the United + States, but not the second: the Americans often change their laws, but the + foundation of the constitution is respected. + </p> + <p> + In our days the republican principle rules in America, as the monarchical + principle did in France under Louis XIV. The French of that period were + not only friends of the monarchy, but they thought it impossible to put + anything in its place; they received it as we receive the rays of the sun + and the return of the seasons. Among them the royal power had neither + advocates nor opponents. In like manner does the republican government + exist in America, without contention or opposition; without proofs and + arguments, by a tacit agreement, a sort of <i>consensus universalis</i>. + It is, however, my opinion, that, by changing their administrative forms + as often as they do, the inhabitants of the United States compromise the + future stability of their government. + </p> + <p> + It may be apprehended that men, perpetually thwarted in their designs by + the mutability of legislation, will learn to look upon republican + institutions as an inconvenient form of society; the evil resulting from + the instability of the secondary enactments, might then raise a doubt as + to the nature of the fundamental principles of the constitution, and + indirectly bring about a revolution; but this epoch is still very remote. + </p> + <p> + {It has been objected by an American review, that our author is mistaken + in charging our laws with instability, and in answer to the charge, the + permanence of our fundamental political institutions has been contrasted + with the revolutions in France. But the objection proceeds upon a mistake + of the author's meaning, which at this page is very clearly expressed. He + refers to the instability which modifies <i>secondary laws</i>, and not to + that which shakes the foundations of the constitution. The distinction is + equally sound and philosophic, and those in the least acquainted with the + history of our legislation, must bear witness to the truth of the author's + remarks. The frequent revisions of the statutes of the states rendered + necessary by the multitude, variety, and often the contradiction of the + enactments, furnish abundant evidence of this instability.—<i>American + Editor</i>.} + </p> + <p> + It may, however, be foreseen, even now, that when the Americans lose their + republican institutions, they will speedily arrive at a despotic + government, without a long interval of limited monarchy. Montesquieu + remarked, that nothing is more absolute than the authority of a prince who + immediately succeeds a republic, since the powers which had fearlessly + been intrusted to an elected magistrate are then transferred to an + hereditary sovereign. This is true in general, but it is more peculiarly + applicable to a democratic republic. In the United States, the magistrates + are not elected by a particular class of citizens, but by the majority of + the nation; they are the immediate representatives of the passions of the + multitude; and as they are wholly dependent upon its pleasure, they excite + neither hatred nor fear: hence, as I have already shown, very little care + has been taken to limit their influence, and they are left in possession + of a vast deal of arbitrary power. This state of things has engendered + habits which would outlive itself; the American magistrate would retain + his power, but he would cease to be responsible for the exercise of it; + and it is impossible to say what bounds could then be set to tyranny. + </p> + <p> + Some of our European politicians expect to see an aristocracy arise in + America, and they already predict the exact period at which it will be + able to assume the reins of government. I have previously observed, and I + repeat my assertion, that the present tendency of American society appears + to me to become more and more democratic. Nevertheless, I do not assert + that the Americans will not, at some future time, restrict the circle of + political rights in their country, or confiscate those rights to the + advantage of a single individual; but I cannot imagine that they will ever + bestow the exclusive exercise of them upon a privileged class of citizens, + or, in other words, that they will ever found an aristocracy. + </p> + <p> + An aristocratic body is composed of a certain number of citizens, who, + without being very far removed from the mass of the people, are, + nevertheless, permanently stationed above it: a body which it is easy to + touch, and difficult to strike; with which the people are in daily + contact, but with which they can never combine. Nothing can be imagined + more contrary to nature and to the secret propensities of the human heart, + than a subjection of this kind; and men, who are left to follow their own + bent, will always prefer the arbitrary power of a king to the regular + administration of an aristocracy. Aristocratic institutions cannot subsist + without laying down the inequality of men as a fundamental principle, as a + part and parcel of the legislation, affecting the condition of the human + family as much as it affects that of society; but these things are so + repugnant to natural equity that they can only be extorted from men by + constraint. + </p> + <p> + I do not think a single people can be quoted, since human society began to + exist, which has, by its own free will and by its own exertions, created + an aristocracy within its own bosom. All the aristocracies of the middle + ages were founded by military conquest: the conqueror was the noble, the + vanquished became the serf. Inequality was then imposed by force; and + after it had been introduced into the manners of the country, it + maintained its own authority, and was sanctioned by the legislation. + Communities have existed which were aristocratic from their earliest + origin, owing to circumstances anterior to that event, and which became + more democratic in each succeeding age. Such was the destiny of the + Romans, and of the Barbarians after them. But a people, having taken its + rise in civilisation and democracy, which should gradually establish an + inequality of conditions until it arrived at inviolable privileges and + exclusive castes, would be a novelty in the world; and nothing intimates + that America is likely to furnish so singular an example. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + REFLECTIONS ON THE CAUSES OF THE COMMERCIAL PROSPERITY OF THE UNITED + STATES. + </p> + <p> + The Americans destined by Nature to be a great maritime People.—Extent + of their Coasts.—Depth of their Ports.—Size of their Rivers.—The + commercial Superiority of the Anglo-Saxons less attributable, however, to + physical Circumstances than to moral and intellectual Causes.—Reason + of this Opinion.—Future Destiny of the Anglo-Americans as a + commercial Nation.—The Dissolution of the Union would not check the + maritime Vigor of the States.—Reason of this.—Anglo-Americans + will naturally supply the Wants of the inhabitants of South America.—They + will become, like the English, the Factors of a great portion of the + World. + </p> + <p> + The coast of the United States, from the bay of Fundy to the Sabine river + in the gulf of Mexico, is more than two thousand miles in extent. These + shores form an unbroken line, and they are all subject to the same + government. No nation in the world possesses vaster, deeper, or more + secure ports for shipping than the Americans. + </p> + <p> + The inhabitants of the United States constitute a great civilized people, + which fortune has placed in the midst of an uncultivated country, at a + distance of three thousand miles from the central point of civilisation. + America consequently stands in daily need of European trade. The Americans + will, no doubt, ultimately succeed in producing or manufacturing at home + most of the articles which they require; but the two continents can never + be independent of each other, so numerous are the natural ties which exist + between their wants, their ideas, their habits, and their manners. + </p> + <p> + The Union produces peculiar commodities which are now become necessary to + us, but which cannot be cultivated, or can only be raised at an enormous + expense, upon the soil of Europe. The Americans only consume a small + portion of this produce, and they are willing to sell us the rest. Europe + is therefore the market of America, as America is the market of Europe; + and maritime commerce is no less necessary to enable the inhabitants of + the United States to transport their raw materials to the ports of Europe, + than it is to enable us to supply them with our manufactured produce. The + United States were therefore necessarily reduced to the alternative of + increasing the business of other maritime nations to a great extent, if + they had themselves declined to enter into commerce, as the Spaniards of + Mexico have hitherto done; or, in the second place, of becoming one of the + first trading powers of the globe. + </p> + <p> + The Anglo-Americans have always displayed a very decided taste for the + sea. The declaration of independence broke the commercial restrictions + which united them to England, and gave a fresh and powerful stimulus to + their maritime genius. Ever since that time, the shipping of the Union has + increased in almost the same rapid proportion as the number of its + inhabitants. The Americans themselves now transport to their own shores + nine-tenths of the European produce which they consume.{291} And they also + bring three-quarters of the exports of the New World to the European + consumer.{292} The ships of the United States fill the docks of Havre and + of Liverpool; while the number of English and French vessels which are to + be seen at New York is comparatively small.{293} + </p> + <p> + Thus, not only does the American merchant face competition in his own + country, but he even supports that of foreign nations in their own ports + with success. This is readily explained by the fact that the vessels of + the United States can cross the seas at a cheaper rate than any other + vessels in the world. As long as the mercantile shipping of the United + States preserves this superiority, it will not only retain what it has + acquired, but it will constantly increase in prosperity. + </p> + <p> + It is difficult to say for what reason the Americans can trade at a lower + rate than other nations; and one is at first led to attribute this + circumstance to the physical or natural advantages which are within their + reach; but this supposition is erroneous. The American vessels cost almost + as much to build as our own{294}; they are not better built, and they + generally last for a shorter time. The pay of the American sailor is more + considerable than the pay on board European ships; which is proved by the + great number of Europeans who are to be met with in the merchant vessels + of the United States. But I am of opinion that the true cause of their + superiority must not be sought for in physical advantages, but that it is + wholly attributable to their moral and intellectual qualities. + </p> + <p> + The following comparison will illustrate my meaning. During the campaigns + of the revolution the French introduced a new system of tactics into the + art of war, which perplexed the oldest generals, and very nearly destroyed + the most ancient monarchies in Europe. They undertook (what had never been + before attempted) to make shift without a number of things which had + always been held to be indispensable in warfare; they required novel + exertions on the part of their troops, which no civilized nations had ever + thought of; they achieved great actions in an incredibly short space of + time: and they risked human life without hesitation, to obtain the object + in view. The French had less money and fewer men than their enemies; their + resources were infinitely inferior; nevertheless they were constantly + victorious, until their adversaries chose to imitate their example. + </p> + <p> + The Americans have introduced a similar system into their commercial + speculations; and they do for cheapness what the French did for conquest. + The European sailor navigates with prudence; he only sets sail when the + weather is favorable; if an unforeseen accident befalls him, he puts into + port; at night he furls a portion of his canvass; and when the whitening + billows intimate the vicinity of land, he checks his way, and takes an + observation of the sun. But the American neglects these precautions and + braves these dangers. He weighs anchor in the midst of tempestuous gales; + by night and by day he spreads his sheets to the wind; he repairs as he + goes along such damage as his vessel may have sustained from the storm; + and when he at last approaches the term of his voyage, he darts onward to + the shore as if he already descried a port. The Americans are often + shipwrecked, but no trader crosses the seas so rapidly. And as they + perform the same distance in a shorter time, they can perform it at a + cheaper rate. + </p> + <p> + The European touches several times at different ports in the course of a + long voyage; he loses a good deal of precious time in making the harbor, + or in waiting for a favorable wind to leave it; and he pays daily dues to + be allowed to remain there. The American starts from Boston to go to + purchase tea in China: he arrives at Canton, stays there a few days and + then returns. In less than two years he has sailed as far as the entire + circumference of the globe, and he has seen land but once. It is true that + during a voyage of eight or ten months he has drunk brackish water, and + lived upon salt meat; that he has been in a continual contest with the + sea, with disease, and with the tedium of monotony; but, upon his return, + he can sell a pound of his tea for a halfpenny less than the English + merchant, and his purpose is accomplished. + </p> + <p> + I cannot better explain my meaning than by saying that the Americans + affect a sort of heroism in their manner of trading. But the European + merchant will always find it very difficult to imitate his American + competitor, who, in adopting the system which I have just described, + follows not only a calculation of his gain, but an impulse of his nature. + </p> + <p> + The inhabitants of the United States are subject to all the wants and all + the desires which result from an advanced stage of civilisation; but as + they are not surrounded by a community admirably adapted, like that of + Europe, to satisfy their wants, they are often obliged to procure for + themselves the various articles which education and habit have rendered + necessaries. In America it sometimes happens that the same individual + tills his field, builds his dwelling, contrives his tools, makes his + shoes, and weaves the coarse stuff of which his dress is composed. This + circumstance is prejudicial to the excellence of the work: but it + powerfully contributes to awaken the intelligence of the workman. Nothing + tends to materialise man, and to deprive his work of the faintest trace of + mind, more than extreme division of labor. In a country like America, + where men devoted to special occupations are rare, a long apprenticeship + cannot be required from any one who embraces a profession. The Americans + therefore change their means of gaining a livelihood very readily; and + they suit their occupations to the exigencies of the moment, in the manner + most profitable to themselves. Men are to be met with who have + successively been barristers, farmers, merchants, ministers of the gospel, + and physicians. If the American be less perfect in each craft than the + European, at least there is scarcely any trade with which he is utterly + unacquainted. His capacity is more general, and the circle of his + intelligence is enlarged. + </p> + <p> + The inhabitants of the United States are never fettered by the axioms of + their profession; they escape from all the prejudices of their present + station; they are not more attached to one line of operation than to + another; they are not more prone to employ an old method than a new one; + they have no rooted habits, and they easily shake off the influence which + the habits of other nations might exercise upon their minds, from a + conviction that their country is unlike any other, and that its situation + is without a precedent in the world. America is a land of wonders, in + which everything is in constant motion, and every movement seems an + improvement. The idea of novelty is there indissolubly connected with the + idea of melioration. No natural boundary seems to be set to the efforts of + man; and what is not yet done is only what he has not yet attempted to do. + </p> + <p> + This perpetual change which goes on in the United States, these frequent + vicissitudes of fortune, accompanied by such unforeseen fluctuations in + private and in public wealth, serve to keep the minds of the citizens in a + perpetual state of feverish agitation, which admirably invigorates their + exertions, and keeps them in a state of excitement above the ordinary + level of mankind. The whole life of an American is passed like a game of + chance, a revolutionary crisis or a battle. As the same causes are + continually in operation throughout the country, they ultimately impart an + irresistible impulse to the national character. The American, taken as a + chance specimen of his countrymen, must then be a man of singular warmth + in his desires, enterprising, fond of adventure, and above all of + innovation. The same bent is manifest in all that he does; he introduces + it into his political laws, his religious doctrines, his theories of + social economy, and his domestic occupations; he bears it with him in the + depth of the backwoods, as well as in the business of the city. It is the + same passion, applied to maritime commerce, which makes him the cheapest + and the quickest trader in the world. + </p> + <p> + As long as the sailors of the United States retain these inspiriting + advantages, and the practical superiority which they derive from them, + they will not only continue to supply the wants of the producers and + consumers of their own country, but they will tend more and more to + become, like the English, the factors of all other peoples.{295} This + prediction has already begun to be realized; we perceive that the American + traders are introducing themselves as intermediate agents in the commerce + of several European nations;{296} and America will offer a still wider + field to their enterprise. + </p> + <p> + The great colonies which were founded in South America by the Spaniards + and the Portuguese have since become empires. Civil war and oppression now + lay waste those extensive regions. Population does not increase, and the + thinly-scattered inhabitants are too much absorbed in the cares of + self-defence even to attempt any melioration of their condition. Such, + however, will not always be the case. Europe has succeeded by her own + efforts in piercing the gloom of the middle ages; South America has the + same Christian laws and Christian manners as we have; she contains all the + germs of civilisation which have grown amid the nations of Europe or their + offsets, added to the advantages to be derived from our example; why then + should she always remain uncivilized? It is clear that the question is + simply one of time; at some future period, which may be more or less + remote, the inhabitants of South America will constitute flourishing and + enlightened nations. + </p> + <p> + But when the Spaniards and Portuguese of South America begin to feel the + wants common to all civilized nations, they will still be unable to + satisfy those wants for themselves; as the youngest children of + civilisation, they must perforce admit the superiority of their elder + brethren. They will be agriculturists long before they succeed in + manufactures or commerce, and they will require the mediation of strangers + to exchange their produce beyond seas for those articles for which a + demand will begin to be felt. + </p> + <p> + It is unquestionable that the Americans of the north will one day supply + the wants of the Americans of the south. Nature has placed them in + contiguity; and has furnished the former with every means of knowing and + appreciating those demands, of establishing a permanent connexion with + those states, and of gradually filling their markets. The merchant of the + United States could only forfeit these natural advantages if he were very + inferior to the merchant of Europe; to whom he is, on the contrary, + superior in several respects. The Americans of the United States already + exercise a very considerable moral influence upon all the people of the + New World. They are the source of intelligence, and all the nations which + inhabit the same continent are already accustomed to consider them as the + most enlightened, the most powerful, and the most wealthy members of the + great American family. All eyes are therefore turned toward the Union; and + the states of which that body is composed are the models which the other + communities try to imitate to the best of their power: it is from the + United states that they borrow their political principles and their laws. + </p> + <p> + The Americans of the United States stand in precisely the same position + with regard to the peoples of South America as their fathers, the English, + occupy with regard to the Italians, the Spaniards, the Portuguese, and all + those nations of Europe, which receive their articles of daily consumption + from England, because they are less advanced in civilisation and trade. + England is at this time the natural emporium of almost all the nations + which are within its reach; the American Union will perform the same part + in the other hemisphere; and every community which is founded, or which + prospers in the New World, is founded and prospers to the advantage of the + Anglo-Americans. + </p> + <p> + If the Union were to be dissolved, the commerce of the states which now + compose it, would undoubtedly be checked for a time; but this consequence + would be less perceptible than is generally supposed. It is evident that + whatever may happen, the commercial states will remain united. They are + all contiguous to each other; they have identically the same opinions, + interests, and manners, and they are alone competent to form a very great + maritime power. Even if the south of the Union were to become independent + of the north, it would still require the service of those states. I have + already observed that the south is not a commercial country, and nothing + intimates that it is likely to become so. The Americans of the south of + the United States will therefore be obliged, for a long time to come, to + have recourse to strangers to export their produce, and to supply them + with the commodities which are requisite to satisfy their wants. But the + northern states are undoubtedly able to act as their intermediate agents + cheaper than any other merchants. They will therefore retain that + employment, for cheapness is the sovereign law of commerce. National + claims and national prejudices cannot resist the influence of cheapness. + Nothing can be more virulent than the hatred which exists between the + Americans of the United States and the English. But, notwithstanding these + inimical feelings, the Americans derive the greater part of their + manufactured commodities from England, because England supplies them at a + cheaper rate than any other nation. Thus the increasing prosperity of + America turns, notwithstanding the grudges of the Americans, to the + advantage of British manufactures. + </p> + <p> + Reason shows and experience proves that no commercial prosperity can be + durable if it cannot be united, in case of need, to naval force. This + truth is as well understood in the United States as it can be anywhere + else: the Americans are already able to make their flag respected: in a + few years they will be able to make it feared. I am convinced that the + dismemberment of the Union would not have the effect of diminishing the + naval power of the Americans, but that it would powerfully contribute to + increase it. At the present time the commercial states are connected with + others which have not the same interests, and which frequently yield an + unwilling consent to the increase of a maritime power by which they are + only indirectly benefited. If, on the contrary, the commercial states of + the Union formed one independent nation, commerce would become the + foremost of their national interests; they would consequently be willing + to make very great sacrifices to protect their shipping, and nothing would + prevent them from pursuing their designs upon this point. + </p> + <p> + Nations, as well as men, almost always betray the most prominent features + of their future destiny in their earliest years. When I contemplate the + ardor with which the Anglo-Americans prosecute commercial enterprise, the + advantages which befriend them, and the success of their undertakings, I + cannot refrain from believing that they will one day become the first + maritime power of the globe. They are born to rule the seas, as the Romans + were to conquer the world. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {207} See the map. {Transcriber's Note: Map of North America.} + </p> + <p> + {208} The native of North America retains his opinions and the most + insignificant of his habits with a degree of tenacity which has no + parallel in history. For more than two hundred years the wandering tribes + of North America have had daily intercourse with the whites, and they have + never derived from them either a custom or an idea. Yet the European have + exercised a powerful influence over the savages: they have made them more + licentious, but not more European. In the summer of 1831, I happened to be + beyond Lake Michigan, at a place called Green Bay, which serves as the + extreme frontier between the United States and the Indians on the + northwestern side. Here I became acquainted with an American officer, + Major H., who, after talking to me at length on the inflexibility of the + Indian character, related the following fact: "I formerly knew a young + Indian," said he, "who had been educated at a college in New England, + where he had greatly distinguished himself, and had acquired the external + appearance of a member of civilized society. When the war broke out + between ourselves and the English, in 1810, I saw this young man again; he + was serving in our army at the head of the warriors of his tribe; for the + Indians were admitted among the ranks of the Americans, upon condition + that they would abstain from their horrible custom of scalping their + victims. On the evening of the battle of ——, C. came and sat + himself down by the fire of our bivouac. I asked him what had been his + fortune that day: he related his exploits; and growing warm and animated + by the recollection of them, he concluded by suddenly opening the breast + of his coat, saying, 'You must not betray me—see here!' And I + actually beheld," said the major, "between his body and his shirt, the + skin and hair of an English head still dripping with gore." + </p> + <p> + {209} In the thirteen original states, there are only 6,273 Indians + remaining. (See Legislative Documents, 20th congress, No. 117, p. 90.) + </p> + <p> + {210} Messrs. Clarke and Cass, in their report to congress, the 4th + February, 1829, p. 23, expressed themselves thus: "The time when the + Indians generally could supply themselves with food and clothing, without + any of the articles of civilized life, has long since passed away. The + more remote tribes, beyond the Mississippi, who live where immense herds + of buffalo are yet to be found, and who follow those animals in their + periodical migrations, could more easily than any others recur to the + habits of their ancestors, and live without the white man or any of his + manufactures. But the buffalo is constantly receding. The smaller animals—the + bear, the deer, the beaver, the otter, the muskrat, &c., principally + minister to the comfort and support of the Indians; and these cannot be + taken without guns, ammunition, and traps. + </p> + <p> + "Among the northwestern Indians particularly, the labor of supplying a + family with food is excessive. Day after day is spent by the hunter + without success, and during this interval his family must subsist upon + bark or roots, or perish. Want and misery are around them and among them. + Many die every winter from actual starvation." + </p> + <p> + The Indians will not live as Europeans live; and yet they can neither + subsist without them, nor exactly after the fashion of their fathers. This + is demonstrated by a fact which I likewise give upon official authority. + Some Indians of a tribe on the banks of Lake Superior had killed a + European; the American government interdicted all traffic with the tribe + to which the guilty parties belonged, until they were delivered up to + justice. This measure had the desired effect. + </p> + <p> + {211} "Five years ago," says Volney in his Tableaux des Etats Unis, p. + 370, "in going from Vincennes to Kaskaskia, a territory which now forms + part of the State of Illinois, but which at the time I mention was + completely wild (1797), you could not cross a prairie without seeing herds + of from four to five hundred buffaloes. There are now none remaining; they + swam across the Mississippi to escape from the hunters, and more + particularly from the bells of the American cows." + </p> + <p> + {212} The truth of what I here advance may be easily proved by consulting + the tabular statement of Indian tribes inhabiting the United States, and + their territories. (Legislative Documents, 20th congress, No. 117, pp. + 90-105.) It is there shown that the tribes of America are rapidly + decreasing, although the Europeans are at a considerable distance from + them. + </p> + <p> + {213} "The Indians," says Messrs. Clarke and Cass in their report to + congress, p. 15, "are attached to their country by the same feelings which + bind us to ours; and, besides, there are certain superstitious notions + connected with the alienation of what the Great Spirit gave to their + ancestors, which operate strongly upon the tribes who have made few or no + cessions, but which are gradually weakened as our intercourse with them is + extended. 'We will not sell the spot which contains the bones of our + fathers,' is almost always the first answer to a proposition for a sale." + </p> + <p> + {214} See in the legislative documents of congress (Doc. 117), the + narrative of what takes place on these occasions. This curious passage is + from the abovementioned report, made to congress by Messrs. Clarke and + Cass, in February, 1829. Mr. Cass is now secretary of war. + </p> + <p> + "The Indians," says the report, "reach the treaty-ground poor, and almost + naked. Large quantities of goods are taken there by the traders, and are + seen and examined by the Indians. The women and children become + importunate to have their wants supplied, and their influence is soon + exerted to induce a sale. Their improvidence is habitual and + unconquerable. The gratification of his immediate wants and desires is the + ruling passion of an Indian: the expectation of future advantages seldom + produces much effect. The experience of the past is lost, and the + prospects of the future disregarded. It would be utterly hopeless to + demand a cession of land unless the means were at hand of gratifying their + immediate wants; and when their condition and circumstances are fairly + considered, it ought not to surprise us that they are so anxious to + relieve themselves." + </p> + <p> + {215} On the 19th of May, 1830, Mr. Edward Everett affirmed before the + house of representatives, that the Americans had already acquired by <i>treaty</i>, + to the east and west of the Mississippi, 230,000,000 of acres. In 1808, + the Osages gave up 48,000,000 acres for an annual payment of 1,000 + dollars. In 1818, the Quapaws yielded up 29,000,000 acres for 4,000 + dollars. They reserved for themselves a territory of 1,000,000 acres for a + hunting-ground. A solemn oath was taken that it should be respected: but + before long it was invaded like the rest. Mr. Bell, in his "Report of the + Committee on Indian Affairs," February 24th, 1830, has these words: "To + pay an Indian tribe what their ancient hunting-grounds are worth to them, + after the game is fled or destroyed, as a mode of appropriating wild lands + claimed by Indians, has been found more convenient, and certainly it is + more agreeable to the forms of justice, as well as more merciful, than to + assert the possession of them by the sword. Thus the practice of buying + Indian titles is but the substitute which humanity and expediency have + imposed, in place of the sword, in arriving at the actual enjoyment of + property claimed by the right of discovery, and sanctioned by the natural + superiority allowed to the claims of civilized communities over those of + savage tribes. Up to the present time, so invariable has been the + operation of certain causes, first in diminishing the value of forest + lands to the Indians, and secondly in disposing them to sell readily, that + the plan of buying their right of occupancy has never threatened to + retard, in any perceptible degree, the prosperity of any of the states." + (Legislative documents, 21st congress, No. 227, p. 6.) + </p> + <p> + {216} This seems, indeed, to be the opinion of almost all the American + statesmen. "Judging of the future by the past," says Mr. Cass, "we cannot + err in anticipating a progressive diminution of their numbers, and their + eventual extinction, unless our border should become stationary, and they + be removed beyond it, or unless some radical change should take place in + the principles of our intercourse with them, which it is easier to hope + for than to expect." + </p> + <p> + {217} Among other warlike enterprises, there was one of the Wampanoags, + and other confederate tribes, under Metacom in 1675, against the colonists + of New England; the English were also engaged in war in Virginia in 1622. + </p> + <p> + {218} See the "Histoire de la Nouvelle France," by Charlevoix, and the + work entitled "Lettres Edifiantes." + </p> + <p> + {219} "In all the tribes," says Volney, in his "Tableau des Etats Unis," + p. 423, "there still exists a generation of old warriors, who cannot + forbear, when they see their countrymen using the hoe, from exclaiming + against the degradation of ancient manners, and asserting that the savages + owe their decline to these innovations: adding, that they have only to + return to their primitive habits, in order to recover their power and + their glory." + </p> + <p> + {220} The following description occurs in an official document: "Until a + young man has been engaged with an enemy, and has performed some acts of + valor, he gains no consideration, but is regarded nearly as a woman. In + their great war-dances all the warriors in succession strike the post, as + it is called, and recount their exploits. On these occasions their + auditory consists of the kinsmen, friends, and comrades of the narrator. + The profound impression which his discourse produces on them is manifested + by the silent attention it receives, and by the loud shouts which hail its + termination. The young man who finds himself at such a meeting without + anything to recount, is very unhappy; and instances have sometimes + occurred of young warriors whose passions had been thus inflamed, quitting + the war-dance suddenly, and going off alone to seek for trophies which + they might exhibit, and adventures which they might be allowed to relate." + </p> + <p> + {221} These nations are now swallowed up in the states of Georgia, + Tennessee, Alabama, and Mississippi. There were formerly in the south four + great nations (remnants of which still exist), the Choctaws, the + Chickasaws, the Creeks, and the Cherokees. The remnants of these four + nations amounted, in 1830, to about 75,000 individuals. It is computed + that there are now remaining in the territory occupied or claimed by the + Anglo-American Union about 300,000 Indians. (See proceedings of the Indian + board in the city of New York.) The official documents supplied to + congress make the number amount to 313,130. The reader who is curious to + know the names and numerical strength of all the tribes which inhabit the + Anglo-American territory, should consult the documents I refer to. + (Legislative Documents, 28th congress, No. 117, pp. 90-105.) + </p> + <p> + {222} I brought back with me to France, one or two copies of this singular + publication. + </p> + <p> + {223} See in the report of the committee on Indian affairs, 21st congress, + No. 227, p. 23, the reasons for the multiplication of Indians of mixed + blood among the Cherokees. The principal cause dates from the war of + independence. Many Anglo-Americans of Georgia, having taken the side of + England, were obliged to retreat among the Indians where they married. + </p> + <p> + {224} Unhappily the mixed race has been less numerous and less influential + in North America than in any other country. The American continent was + peopled by two great nations of Europe, the French and the English. The + former were not slow in connecting themselves with the daughters of the + natives; but there was an unfortunate affinity between the Indian + character and their own: instead of giving the tastes and habits of + civilized life to the savages, the French too often grew passionately fond + of the state of wild freedom they found them in. They became the most + dangerous of the inhabitants of the desert, and won the friendship of the + Indian by exaggerating his vices and his virtues. M. de Senonville, the + governor of Canada, wrote thus to Louis XIV., in 1685: "It has long been + believed that in order to civilize the savages we ought to draw them + nearer to us, but there is every reason to suppose we have been mistaken. + Those which have been brought into contact with us have not become French, + and the French who have lived among them are changed into savages, + affecting to live and dress like them." (History of New France, by + Charlevoix, vol. ii., p. 345.) The Englishman, on the contrary, continuing + obstinately attached to the customs and the most insignificant habits of + his forefathers, has remained in the midst of the American solitudes just + what he was in the bosom of European cities; he would not allow of any + communication with savages whom he despised, and avoided with care the + union of his race with theirs. Thus, while the French exercised no + salutary influence over the Indians, the English have always remained + alien from them. + </p> + <p> + {225} There is in the adventurous life of the hunter a certain + irresistible charm which seizes the heart of man, and carries him away in + spite of reason and experience. This is plainly shown by the memoirs of + Tanner. Tanner is a European who was carried away at the age of six by the + Indians, and has remained thirty years with them in the woods. Nothing can + be conceived more appalling than the miseries which he describes. He tells + us of tribes without a chief, families without a nation to call their own, + men in a state of isolation, wrecks of powerful tribes wandering at random + amid the ice and snow and desolate solitudes of Canada. Hunger and cold + pursue them; every day their life is in jeopardy. Among these men manners + have lost their empire, traditions are without power. They become more and + more savage. Tanner shared in all these miseries; he was aware of his + European origin; he was not kept away from the whites by force; on the + contrary, he came every year to trade with them, entered their dwellings, + and saw their enjoyments; he knew that whenever he chose to return to + civilized life, he was perfectly able to do so—and he remained + thirty years in the deserts. When he came to civilized society, he + declared that the rude existence which he described had a secret charm for + him which he was unable to define: he returned to it again and again: at + length he abandoned it with poignant regret; and when he was at length + fixed among the whites, several of his children refused to share his + tranquil and easy situation. I saw Tanner myself at the lower end of Lake + Superior; he seemed to be more like a savage than a civilized being. His + book is written without either taste or order; but he gives, even + unconsciously, a lively picture of the prejudices, the passions, vices, + and, above all, of the destitution in which he lived. + </p> + <p> + {226} The destructive influence of highly civilized nations upon others + which are less so, has been exemplified by the Europeans themselves. About + a century ago the French founded the town of Vincennes upon the Wabash, in + the middle of the desert; and they lived there in great plenty, until the + arrival of the American settlers, who first ruined the previous + inhabitants by their competition, and afterward purchased their lands at a + very low rate. At the time when M. de Volney, from whom I borrow these + details, passed through Vincennes, the number of the French was reduced to + a hundred individuals, most of whom were about to pass over to Louisiana + or to Canada. These French settlers were worthy people, but idle and + uninstructed: they had contracted many of the habits of the savages. The + Americans, who were perhaps their inferiors in a moral point of view, were + immeasurably superior to them in intelligence: they were industrious, + well-informed, rich, and accustomed to govern their own community. + </p> + <p> + I myself saw in Canada, where the intellectual difference between the two + races is less striking, that the English are the masters of commerce and + manufacture in the Canadian country, that they spread on all sides, and + confine the French within limits which scarcely suffice to contain them. + In like manner, in Louisiana, almost all activity in commerce and + manufacture centres in the hands of the Anglo-Americans. + </p> + <p> + But the case of Texas is still more striking: the state of Texas is a part + of Mexico, and lies upon the frontier between that country and the United + States. In the course of the last few years the Anglo-Americans have + penetrated into this province, which is still thinly peopled; they + purchase land, they produce the commodities of the country, and supplant + the original population. It may easily be foreseen that if Mexico takes no + steps to check this change, the province of Texas will very shortly cease + to belong to that government. + </p> + <p> + If the different degrees, comparatively so light, which exist in European + civilisation, produce results of such magnitude, the consequences which + must ensue from the collision of the most perfect European civilisation + with Indian savages may readily be conceived. + </p> + <p> + {227} See in the legislative documents (21st congress, No. 89), instances + of excesses of every kind committed by the whites upon the territory of + the Indians, either in taking possession of a part of their lands, until + compelled to retire by the troops of congress, or carrying off their + cattle, burning their houses, cutting down their corn, and doing violence + to their persons. + </p> + <p> + It appears, nevertheless, from all these documents, that the claims of the + natives are constantly protected by the government from the abuse of + force. The Union has a representative agent continually employed to reside + among the Indians; and the report of the Cherokee agent, which is among + the documents I have referred to, is almost always favorable to the + Indians. "The intrusion of whites," he says, "upon the lands of the + Cherokees would cause ruin to the poor, helpless, and inoffensive + inhabitants." And he farther remarks upon the attempt of the state of + Georgia to establish a division line for the purpose of limiting the + boundaries of the Cherokees, that the line drawn having been made by the + whites, and entirely upon <i>exparte</i> evidence of their several rights, + was of no validity whatever. + </p> + <p> + {228} In 1829 the state of Alabama divided the Creek territory into + counties, and subjected the Indian population to the power of European + magistrates. + </p> + <p> + In 1830 the state of Mississippi assimilated the Choctaws and Chickasaws + to the white population, and declared that any of them that should take + the title of chief would be punished by a fine of 1,000 dollars and 3 + year's imprisonment. When these laws were enforced upon the Choctaws who + inhabited that district, the tribes assembled, their chief communicated to + them the intentions of the whites, and read to them some of the laws to + which it was intended that they should submit; and they unanimously + declared that it was better at once to retreat again into the wilds. + </p> + <p> + {229} The Georgians, who are so much annoyed by the proximity of the + Indians, inhabit a territory which does not at present contain more than + seven inhabitants to the square mile. In France there are one hundred and + sixty-two inhabitants to the same extent of country. + </p> + <p> + {230} In 1818 congress appointed commissioners to visit the Arkansas + territory accompanied by a deputation of Creeks, Choctaws, and Chickasaws. + This expedition was commanded by Messrs. Kennerly, M'Coy, Wash Hood, and + John Bell. See the different reports of the commissioners, and their + journal, in the documents of congress, No. 87 house of representatives. + </p> + <p> + {231} The fifth article of the treaty made with the Creeks in August, + 1790, is in the following words: "The United States solemnly guaranty to + the Creek nation all their land within the limits of the United States." + </p> + <p> + The seventh article of the treaty concluded in 1791 with the Cherokees + says: "The United States solemnly guaranty to the Cherokee nation all + their lands not hereby ceded." The following article declared that if any + citizen of the United States or other settler not of the Indian race, + should establish himself upon the territory of the Cherokees, the United + States would withdraw their protection from that individual, and give him + up to be punished as the Cherokee nation should think fit. + </p> + <p> + {232} This does not prevent them from promising in the most solemn manner + to do so. See the letter of the president addressed to the Creek Indians, + 23d March, 1829. ("Proceedings of the Indian Board, in the City of New + York," p. 5.) "Beyond the great river Mississippi, where a part of your + nation has gone, your father has provided a country large enough for all + of you, and he advises you to remove to it. There your white brothers will + not trouble you; they will have no claim to the land, and you can live + upon it, you and all your children, as long as the grass grows or the + water runs, in peace and plenty. <i>It will be yours for ever</i>." + </p> + <p> + The secretary of war, in a letter written to the Cherokees, April 18th, + 1829 (see the same work, page 6), declares to them that they cannot expect + to retain possession of the land, at the time occupied by them, but gives + them the most positive assurance of uninterrupted peace if they would + remove beyond the Mississippi: as if the power which could not grant them + protection then, would be able to afford it them hereafter! + </p> + <p> + {233} To obtain a correct idea of the policy pursued by the several states + and the Union with respect to the Indians, it is necessary to consult, + 1st, "The laws of the colonial and state governments relating to the + Indian inhabitants." (See the legislative documents, 21st congress, No. + 319.) 2d, "The laws of the Union on the same subject, and especially that + of March 20th, 1802." (See Story's Laws of the United States.) 3d, "The + report of Mr. Cass, secretary of war, relative to Indian affairs, November + 29th, 1823". + </p> + <p> + {234} December 18th, 1829. + </p> + <p> + {235} The honor of this result is, however, by no means due to the + Spaniards. If the Indian tribes had not been tillers of the ground at the + time of the arrival of the Europeans, they would unquestionably have been + destroyed in South as well as in North America. + </p> + <p> + {236} See among other documents, the report made by Mr. Bell in the name + of the committee on Indian affairs, Feb. 24th, 1830, in which it is most + logically established and most learnedly proved, that "the fundamental + principle, that the Indians had no right by virtue of their ancient + possession either of will or sovereignty, has never been abandoned either + expressly or by implication." + </p> + <p> + In perusing this report, which is evidently drawn up by an able hand, one + is astonished at the facility with which the author gets rid of all + arguments founded upon reason and natural right, which he designates as + abstract and theoretical principles. The more I contemplate the difference + between civilized and uncivilized man with regard to the principles of + justice, the more I observe that the former contests the justice of those + rights, which the latter simply violates. + </p> + <p> + {237} It is well known that several of the most distinguished authors of + antiquity, and among them Æsop and Terence, were or had been slaves. + Slaves were not always taken from barbarous nations, and the chances of + war reduced highly civilized men to servitude. + </p> + <p> + {238} To induce the whites to abandon the opinion they have conceived of + the moral and intellectual inferiority of their former slaves, the negroes + must change; but as long as this opinion subsists, to change is + impossible. + </p> + <p> + {239} See Beverley's History of Virginia. See also in Jefferson's Memoirs + some curious details concerning the introduction of negroes into Virginia, + and the first act which prohibited the importation of them in 1778. + </p> + <p> + {240} The number of slaves was less considerable in the north, but the + advantages resulting from slavery were not more contested there than in + the south. In 1740, the legislature of the state of New York declared that + the direct importation of slaves ought to be encouraged as much as + possible, and smuggling severely punished, in order not to discourage the + fair trader. (Kent's Commentaries, vol. ii., p. 206.) Curious researches, + by Belknap, upon slavery in New England, are to be found in the Historical + Collections of Massachusetts, vol. iv., p. 193. It appears that negroes + were introduced there in 1630, but that the legislation and manners of the + people were opposed to slavery from the first; see also, in the same work, + the manner in which public opinion, and afterward the laws, finally put an + end to slavery. + </p> + <p> + {241} Not only is slavery prohibited in Ohio, but no free negroes are + allowed to enter the territory of that state, or to hold property in it. + See the statutes of Ohio. + </p> + <p> + {242} The activity of Ohio is not confined to individuals, but the + undertakings of the state are surprisingly great: a canal has been + established between Lake Erie and the Ohio, by means of which the valley + of the Mississippi communicates with the river of the north, and the + European commodities with arrive at New York, may be forwarded by water to + New Orleans across five hundred leagues of continent. + </p> + <p> + {243} The exact numbers given by the census of 1830 were: Kentucky, + 588,844; Ohio, 937,679. {In 1840 the census gave, Kentucky 779,828; Ohio + 1,519,467.} + </p> + <p> + {244} Independently of these causes which, wherever free workmen abound, + render their labor more productive and more economical than that of + slaves, another cause may be pointed out which is peculiar to the United + States: the sugar-cane has hitherto been cultivated with success only upon + the banks of the Mississippi, near the mouth of that river in the gulf of + Mexico. In Louisiana the cultivation of the sugar-cane is exceedingly + lucrative; nowhere does a laborer earn so much by his work: and, as there + is always a certain relation between the cost of production and the value + of the produce, the price of slaves is very high in Louisiana. But + Louisiana is one of the confederate states, and slaves may be carried + thither from all parts of the Union; the price given for slaves in New + Orleans consequently raises the value of slaves in all the other markets. + The consequence of this is, that in the countries where the land is less + productive, the cost of slave labor is still very considerable, which + gives an additional advantage to the competition of free labor. + </p> + <p> + {245} A peculiar reason contributes to detach the two last-mentioned + states from the cause of slavery. The former wealth of this part of the + Union was principally derived from the cultivation of tobacco. This + cultivation is specially carried on by slaves; but within the last few + years the market-price of tobacco has diminished, while the value of the + slaves remains the same. Thus the ratio between the cost of production and + the value of the produce is changed. The natives of Maryland and Virginia + are therefore more disposed than they were thirty years ago, to give up + slave labor in the cultivation of tobacco, or to give up slavery and + tobacco at the same time. + </p> + <p> + {246} The states in which slavery is abolished usually do what they can to + render their territory disagreeable to the negroes as a place of + residence; and as a kind of emulation exists between the different states + in this respect, the unhappy blacks can only choose the least of the evils + which beset them. + </p> + <p> + {247} There is a very great difference between the mortality of the blacks + and of the whites in the states in which slavery is abolished; from 1820 + to 1831 only one out of forty-two individuals of the white population died + in Philadelphia; but one negro out of twenty-one individuals of the black + population died in the same space of time. The mortality is by no means so + great among the negroes who are still slaves. (See Emmerson's Medical + Statistics, p. 28.) + </p> + <p> + {248} This is true of the spots in which rice is cultivated; rice-grounds, + which are unwholesome in all countries, are particularly dangerous in + those regions which are exposed to the beams of a tropical sun. Europeans + would not find it easy to cultivate the soil in that part of the New World + if it must necessarily be made to produce rice: but may they not subsist + without rice-grounds? + </p> + <p> + {249} These states are nearer to the equator than Italy and Spain, but the + temperature of the continent of America is very much lower than that of + Europe. + </p> + <p> + {250} The Spanish government formerly caused a certain number of peasants + from the Azores to be transported into a district of Louisiana called + Attakapas, by way of experiment. These settlers still cultivate the soil + without the assistance of slaves, but their industry is so languid as + scarcely to supply their most necessary wants. + </p> + <p> + {251} We find it asserted in an American work, entitled, "Letters on the + Colonization Society," by Mr. Carey, 1833, that "for the last forty years + the black race has increased more rapidly than the white race in the state + of South Carolina; and that if we take the average population of the five + states of the south into which slaves were first introduced, viz., + Maryland, Virginia, South Carolina, North Carolina, and Georgia, we shall + find that from 1790 to 1830, the whites have augmented in the proportion + of 80 to 100, and the blacks in that of 112 to 100." + </p> + <p> + In the United States, 1830, the population of the two races stood as + follows:— + </p> + <p> + States where slavery is abolished, 6,565,434 whites; 120,520 blacks. Slave + states, 3,960,814 whites; 2,208,112 blacks. + </p> + <p> + {By the census of 1840, the population of the two races was as follows: + States where slavery is abolished, 9,556,065 whites; 171,854 blacks. Slave + states, 4,633,153 whites; 2,581,688 blacks.} + </p> + <p> + {252} This opinion is sanctioned by authorities infinitely weightier than + anything that I can say; thus, for instance, it is stated in the Memoirs + of Jefferson (as collected by M. Conseil), "Nothing is more clearly + written in the book of destiny than the emancipation of the blacks; and it + is equally certain that the two races will never live in a state of equal + freedom under the same government, so insurmountable are the barriers + which nature, habit, and opinions, have established between them." + </p> + <p> + {253} If the British West India planters had governed themselves, they + would assuredly not have passed the slave emancipation bill which the + mother country has recently imposed upon them. + </p> + <p> + {254} This society assumed the name "The Society for the Colonization of + the Blacks." See its annual reports; and more particularly the fifteenth. + See also the pamphlet, to which allusion has already been made, entitled + "Letters on the Colonization Society, and on its probable results," by Mr. + Carey, Philadelphia, April, 1833. + </p> + <p> + {255} This last regulation was laid down by the founders of the + settlement; they apprehended that a state of things might arise in Africa, + similar to that which exists on the frontiers of the United States, and + that if the negroes, like the Indians, were brought into collision with a + people more enlightened than themselves, they would be destroyed before + they could be civilized. + </p> + <p> + {256} Nor would these be the only difficulties attendant upon the + undertaking; if the Union undertook to buy up the negroes now in America, + in order to transport them to Africa, the price of slaves, increasing with + their scarcity, would soon become enormous. + </p> + <p> + {257} In the original, "Voulant la servitude, il se sont laissé entrainer, + malgré eux ou à leur insu, vers la liberté." + </p> + <p> + "Desiring servitude, they have suffered themselves, involuntarily or + ignorantly, to be drawn toward liberty."—<i>Reviser</i>. + </p> + <p> + {258} See the conduct of the northern states in the war of 1812. "During + that war," said Jefferson, in a letter to General Lafayette, "four of the + eastern states were only attached to the Union, like so many inanimate + bodies to living men." + </p> + <p> + {259} The profound peace of the Union affords no pretext for a standing + army; and without a standing army a government is not prepared to profit + by a favorable opportunity to conquer resistance, and take the sovereign + power by surprise. + </p> + <p> + {260} Thus the province of Holland in the republic of the Low Countries, + and the emperor in the Germanic Confederation, have sometimes put + themselves in the place of the Union, and have employed the federal + authority to their own advantage. + </p> + <p> + {261} See Darby's View of the United States, pp. 64, 79. + </p> + <p> + {262} See Darby's View of the United States, p. 435. + </p> + <p> + {In Carey & Lea's Geography of America, the United States are said to + form an area of 2,076,400 square miles.—<i>Translator's Note.</i>} + </p> + <p> + {The discrepancy between Darby's estimate of the area of the United States + given by the author, and that stated by the translator, is not easily + accounted for. In Bradford's comprehensive Atlas, a work generally of + great accuracy, it is said that "as claimed by this country, the territory + of the United States extends from 25° to 54° north latitude, and from 65° + 49' to 125° west longitude, over an area of about 2,200,000 square miles."—<i>American + Editor.</i>} + </p> + <p> + {263} It is scarcely necessary for me to observe that by the expression <i>Anglo-Americans</i>, + I only mean to designate the great majority of the nation; for a certain + number of isolated individuals are of course to be met with holding very + different opinions. + </p> +<pre xml:space="preserve"> +{264} Census of 1790........ 3,929,328. do 1830........12,856,165. + {do. 1840........17,068,666.} +</pre> + <p> + {265} This indeed is only a temporary danger. I have no doubt that in time + society will assume as much stability and regularity in the west, as it + has already done upon the coast of the Atlantic ocean. + </p> + <p> + {266} Pennsylvania contained 431,373 inhabitants in 1790. + </p> + <p> + {267} The area of the state of New York is about 46,000 square miles. See + Carey & Lea's American Geography, p. 142. + </p> + <p> + {268} If the population continues to double every twenty-two years, as it + has done for the last two hundred years, the number of inhabitants in the + United States in 1852, will be twenty millions: in 1874, forty-eight + millions; and in 1896, ninety-six millions. This may still be the case + even if the lands on the western slope of the Rocky mountains should be + found to be unfit for cultivation. The territory which is already occupied + can easily contain this number of inhabitants. One hundred millions of men + disseminated over the surface of the twenty-four states, and the three + dependencies, which constitute the Union, would give only 702 inhabitants + to the square league: this would be far below the mean population of + France, which is 1,003 to the square league; or of England, which is + 1,457; and it would even be below the population of Switzerland, for that + country, notwithstanding its lakes and mountains, contains 783 inhabitants + to the square league. (See Maltebrun, vol. vi., p. 92.) + </p> + <p> + {269} See Legislative Documents, 20th congress, No. 117, p. 105. + </p> + <p> + {270} 3,672,317; census 1830. + </p> + <p> + {271} The distance of Jefferson, the capital of the state of Missouri, to + Washington, is 1,018 miles. (American Almanac, 1831, p. 40.) + </p> + <p> + {272} The following statements will suffice to show the difference which + exists between the commerce of the south and that of the north:— + </p> + <p> + In 1829, the tonnage of all the merchant-vessels belonging to Virginia, + the two Carolinas, and Georgia (the four great southern states), amounted + to only 5,243 tons. In the same year the tonnage of the vessels of the + state of Massachusetts alone amounted to 17,322 tons. (See Legislative + Documents, 21st congress, 2d session, No. 140, p. 244.) Thus the state of + Massachusetts has three times as much shipping as the four abovementioned + states. Nevertheless the area of the state of Massachusetts is only 7,335 + square miles, and its population amounts to 610,014 inhabitants; while the + area of the four other states I have quoted is 210,000 square miles, and + their population 3,047,767. Thus the area of the state of Massachusetts + forms only one thirtieth part of the area of the four states; and its + population is five times smaller than theirs. (See Darby's View of the + United States.) Slavery is prejudicial to the commercial prosperity of the + south in several different ways; by diminishing the spirit of enterprise + among the whites, and by preventing them from meeting with as numerous a + class of sailors as they require. Sailors are generally taken from the + lowest ranks of the population. But in the southern states these lowest + ranks are composed of slaves, and it is very difficult to employ them at + sea. They are unable to serve as well as a white crew, and apprehensions + would always be entertained of their mutinying in the middle of the ocean, + or of their escaping in the foreign countries at which they might touch. + </p> + <p> + {273} Darby's view of the United States, p. 444. + </p> + <p> + {274} It may be seen that in the course of the last ten years (1820-'30) + the population of one district, as for instance, the state of Delaware, + has increased in the proportion of 5 per cent.; while that of another, as + the territory of Michigan, has increased 250 per cent. Thus the population + of Virginia has augmented 13 per cent., and that of the border state of + Ohio 61 per cent., in the same space of time. The general table of these + changes, which is given in the National Calendar, displays a striking + picture of the unequal fortunes of the different states. + </p> + <p> + {275} It has just been said that in the course of the last term the + population of Virginia has increased 13 per cent.; and it is necessary to + explain how the number of representatives of a state may decrease, when + the population of that state, far from diminishing, is actually upon the + increase. I take the state of Virginia, to which I have already alluded, + as my term of comparison. The number of representatives of Virginia in + 1823 was proportionate to the total number of the representatives of the + Union, and to the relation which its population bore to that of the whole + Union; in 1833, the number of representatives of Virginia was likewise + proportionate to the total number of the representatives of the Union, and + to the relation which its population, augmented in the course of ten + years, bore to the augmented population of the Union in the same space of + time. The new number of Virginian representatives will then be to the old + number, on the one hand, as the new number of all the representatives is + to the old number; and, on the other hand, as the augmentation of the + population of Virginia is to that of the whole population of the country. + Thus, if the increase of the population of the lesser country be to that + of the greater in an exact inverse ratio of the proportion between the new + and the old numbers of all the representatives, the number of + representatives of Virginia will remain stationary; and if the increase of + the Virginian population be to that of the whole Union in a feebler ratio + than the new number of representatives of the Union to the old number, the + number of the representatives of Virginia must decrease. + </p> + <p> + {276} See the report of its committees to the convention, which proclaimed + the nullification of the tariff in South Carolina. + </p> + <p> + {277} The population of a country assuredly constitutes the first element + of its wealth. In the ten years (1820-'30) during which Virginia lost two + of its representatives in congress, its population increased in the + proportion of 13-7 per cent.; that of Carolina in the proportion of 15 per + cent.; and that of Georgia 51-5 per cent. (See the American Almanac, 1832, + p. 162.) But the population of Russia, which increases more rapidly than + that of any other European country, only augments in ten years at the rate + of 9-5 per cent.; of France at the rate of 7 per cent.; and of Europe in + general at the rate of 4-7 per cent. (See Maltebrun, vol. vi., p. 95.) + </p> + <p> + {278} It must be admitted, however, that the depreciation which has taken + place in the value of tobacco, during the last fifty years, has notably + diminished the opulence of the southern planters; but this circumstance is + as independent of the will of their northern brethren, as it is of their + own. + </p> + <p> + {279} In 1832, the district of Michigan, which only contains 31,639 + inhabitants, and is still an almost unexplored wilderness, possessed 940 + miles of mail-roads. The territory of Arkansas, which is still more + uncultivated, was already intersected by 1,938 miles of mail-roads. (See + report of the general post-office, 30th November, 1833.) The postage of + newspapers alone in the whole Union amounted to $254,796. + </p> + <p> + {280} In the course of ten years, from 1821 to 1831, 271 steamboats have + been launched upon the rivers which water the valley of the Mississippi + alone. In 1829, 259 steamboats existed in the United States. (See + Legislative Documents, No. 140, p. 274.) + </p> + <p> + {281} See in the legislative documents already quoted in speaking of the + Indians, the letter of the President of the United States to the + Cherokees, his correspondence on this subject with his agents, and his + messages to Congress. + </p> + <p> + {282} The first act of cession was made by the state of New York in 1780; + Virginia, Massachusetts, Connecticut, South and North Carolina, followed + this example at different times, and lastly, the act of cession of Georgia + was made as recently as 1802. + </p> + <p> + {283} It is true that the president refused his assent to this law; but he + completely adopted it in principle. See message of 8th December, 1833. + </p> + <p> + {284} The present bank of the United States was established in 1816, with + a capital of 35,000,000 dollars; its charter expires in 1836. Last year + congress passed a law to renew it, but the president put his veto upon the + bill. The struggle is still going on with great violence on either side, + and the speedy fall of the bank may easily be foreseen. + </p> + <p> + {285} See principally for the details of this affair, the legislative + documents, 22d congress, 2d session, No 3. + </p> + <p> + {286} That is to say, the majority of the people; for the opposite party, + called the Union party, always formed a very strong and active minority. + Carolina may contain about 47,000 electors; 30,000 were in favor of + nullification, and 17,000 opposed to it. + </p> + <p> + {287} This decree was preceded by a report of the committee by which it + was framed, containing the explanation of the motives and object of the + law. The following passage occurs in it, p. 34: "When the rights reserved + by the constitution to the different states are deliberately violated, it + is the duty and the right of those states to interfere, in order to check + the progress of the evil, to resist usurpation, and to maintain, within + their respective limits, those powers and privileges which belong to them + as <i>independent sovereign states</i>. If they were destitute of this + right, they would not be sovereign. South Carolina declares that she + acknowledges no tribunal upon earth above her authority. She has indeed + entered into a solemn compact of union with the other states: but she + demands, and will exercise, the right of putting her own construction upon + it; and when this compact is violated by her sister states, and by the + government which they have created, she is determined to avail herself of + the unquestionable right of judging what is the extent of the infraction, + and what are the measures best fitted to obtain justice." + </p> + <p> + {288} Congress was finally decided to take this step by the conduct of the + powerful state of Virginia, whose legislature offered to serve as a + mediator between the Union and South Carolina. Hitherto the latter state + had appeared to be entirely abandoned even by the states which had joined + her in her remonstrances. + </p> + <p> + {289} This law was passed on the 2d March, 1833. + </p> + <p> + {290} This bill was brought in by Mr. Clay, and it passed in four days + through both houses of Congress, by an immense majority. + </p> + <p> + {291} The total value of goods imported during the year which ended on the + 30th September, 1832, was 101,129,266 dollars. The value of the cargoes of + foreign vessels did not amount to 10,731,039 dollars, or about one-tenth + of the entire sum. + </p> + <p> + {292} The value of goods exported during the same year amounted to + 87,176,943 dollars; the value of goods exported by foreign vessels + amounted to 21,036,183 dollars, or about one quarter of the whole sum. + (Williams's Register, 1833, p. 398.) + </p> + <p> + {293} The tonnage of the vessels which entered all the ports of the Union + in the years 1829, 1830, and 1831, amounted to 3,307,719 tons, of which + 544,571 tons were foreign vessels; they stood therefore to the American + vessels in a ratio of about 16 to 100. (National Calendar, 1833, p. 304.) + The tonnage of the English vessels which entered the ports of London, + Liverpool and Hull, in the years 1820, 1826, and 1831, amounted to 443,800 + tons. The foreign vessels which entered the same ports during the same + years, amounted to 159,431 tons. The ratio between them was therefore + about 36 to 100. (Companion to the Almanac, 1834, p. 169.) In the year + 1832 the ratio between the foreign and British ships which entered the + ports of Great Britain was 29 to 100. + </p> + <p> + {294} Materials are, generally speaking, less expensive in America than in + Europe, but the price of labor is much higher. + </p> + <p> + {295} It must not be supposed that English vessels are exclusively + employed in transporting foreign produce into England, or British produce + to foreign countries; at the present day the merchant shipping of England + may be regarded in the light of a vast system of public conveyances ready + to serve all the producers of the world, and to open communications + between all peoples. The maritime genius of the Americans prompts them to + enter into competition with the English. + </p> + <p> + {296} Part of the commerce of the Mediterranean is already carried on by + American vessels. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2H_CONC" id="link2H_CONC"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CONCLUSION. + </h2> + <p> + I have now nearly reached the close of my inquiry. Hitherto, in speaking + of the future destiny of the United States, I have endeavored to divide my + subject into distinct portions, in order to study each of them with more + attention. My present object is to embrace the whole from one single + point; the remarks I shall make will be less detailed, but they will be + more sure. I shall perceive each object less distinctly, but I shall + descry the principal facts with more certainty. A traveller, who has just + left the walls of an immense city, climbs the neighboring hill; as he goes + farther off, he loses sight of the men whom he has so recently quitted; + their dwellings are confused in a dense mass; he can no longer distinguish + the public squares, and he can scarcely trace out the great thoroughfares; + but his eye has less difficulty in following the boundaries of the city, + and for the first time he sees the shape of the vast whole. Such is the + future destiny of the British race in North America to my eye; the details + of the stupendous picture are overhung with shade, but I conceive a clear + idea of the entire subject. + </p> + <p> + The territory now occupied or possessed by the United States of America, + forms about one-twentieth part of the habitable earth. But extensive as + these confines are, it must not be supposed that the Anglo-American race + will always remain within them; indeed, it has already far overstepped + them. + </p> + <p> + There was once a time at which we also might have created a great French + nation in the American wilds, to counter-balance the influence of the + English upon the destinies of the New World. France formerly possessed a + territory in North America, scarcely less extensive than the whole of + Europe. The three greatest rivers of that continent then flowed within her + dominions. The Indian tribes which dwelt between the mouth of the St. + Lawrence and the delta of the Mississippi were unaccustomed to any tongue + but ours; and all the European settlements scattered over that immense + region recalled the traditions of our country. Louisburg, Montmorency, + Duquesne, Saint-Louis, Vincennes, New Orleans (for such were the names + they bore), are words dear to France and familiar to our ears. + </p> + <p> + But a concourse of circumstances, which it would be tedious to + enumerate,{297} have deprived us of this magnificent inheritance. Wherever + the French settlers were numerically weak and partially established, they + have disappeared; those who remain are collected on a small extent of + country, and are now subject to other laws. The 400,000 French inhabitants + of Lower Canada constitute, at the present time, the remnant of an old + nation lost in the midst of a new people. A foreign population is + increasing around them unceasingly, and on all sides, which already + penetrates among the ancient masters of the country, predominates in their + cities, and corrupts their language. This population is identical with + that of the United States; it is therefore with truth that I asserted that + the British race is not confined within the frontiers of the Union, since + it already extends to the northeast. + </p> + <p> + To the northwest nothing is to be met with but a few insignificant Russian + settlements; but to the southwest, Mexico presents a barrier to the + Anglo-Americans. Thus, the Spaniards and the Anglo-Americans are, properly + speaking, the only two races which divide the possession of the New World. + The limits of separation between them have been settled by a treaty; but + although the conditions of that treaty are exceedingly favorable to the + Anglo-Americans, I do not doubt that they will shortly infringe this + arrangement. Vast provinces, extending beyond the frontiers of the Union + toward Mexico, are still destitute of inhabitants. The natives of the + United States will forestall the rightful occupants of these solitary + regions. They will take possession of the soil, and establish social + institutions, so that when the legal owner arrives at length, he will find + the wilderness under cultivation, and strangers quietly settled in the + midst of his inheritance. + </p> + <p> + The lands of the New World belong to the first occupants and they are the + natural reward of the swiftest pioneer. Even the countries which are + already peopled will have some difficulty in securing themselves from this + invasion. I have already alluded to what is taking place in the province + of Texas. The inhabitants of the United States are perpetually migrating + to Texas, where they purchase land, and although they conform to the laws + of the country, they are gradually founding the empire of their own + language and their own manners. The province of Texas is still part of the + Mexican dominions, but it will soon contain no Mexicans: the same thing + has occurred whenever the Anglo-Americans have come into contact with + populations of a different origin. + </p> + <p> + {The prophetic accuracy of the author, in relation to the present actual + condition of Texas, exhibits the sound and clear perception with which he + surveyed our institutions and character.—<i>American Editor</i>.} + </p> + <p> + It cannot be denied that the British race has acquired an amazing + preponderance over all the other European races in the New World; and that + it is very superior to them in civilisation, in industry, and in power. As + long as it is only surrounded by desert or thinly-peopled countries, as + long as it encounters no dense populations upon its route, through which + it cannot work its way, it will assuredly continue to spread. The lines + marked out by treaties will not stop it; but it will everywhere transgress + these imaginary barriers. + </p> + <p> + The geographical position of the British race in the New World is + peculiarly favorable to its rapid increase. Above its northern frontiers + the icy regions of the pole extend; and a few degrees below its southern + confines lies the burning climate of the equator. The Anglo-Americans are + therefore placed in the most temperate and habitable zone of the + continent. + </p> + <p> + It is generally supposed that the prodigious increase of population in the + United States is posterior to their declaration of independence. But this + is an error: the population increased as rapidly under the colonial system + as it does at the present day; that is to say, it doubled in about + twenty-two years. But this proportion, which is now applied to millions, + was then applied to thousands, of inhabitants; and the same fact which was + scarcely noticeable a century ago, is now evident to every observer. + </p> + <p> + The British subjects in Canada, who are dependent on a king, augment and + spread almost as rapidly as the British settlers of the United States, who + live under a republican government. During the war of independence, which + lasted eight years, the population continued to increase without + intermission in the same ratio. Although powerful Indian nations allied + with the English existed, at that time, upon the western frontiers, the + emigration westward was never checked. While the enemy laid waste the + shores of the Atlantic, Kentucky, the western parts of Pennsylvania, and + the states of Vermont and of Maine were filling with inhabitants. Nor did + the unsettled state of the constitution, which succeeded the war, prevent + the increase of the population, or stop its progress across the wilds. + Thus, the difference of laws, the various conditions of peace and war, of + order and of anarchy, have exercised no perceptible influence upon the + gradual development of the Anglo-Americans. This may be readily + understood: for the fact is, that no causes are sufficiently general to + exercise a simultaneous influence over the whole of so extensive a + territory. One portion of the country always offers a sure retreat from + the calamities which afflict another part; and however great may be the + evil, the remedy which is at hand is greater still. + </p> + <p> + It must not, then, be imagined that the impulse of the British race in the + New World can be arrested. The dismemberment of the Union, and the + hostilities which might ensue, the abolition of republican institutions, + and the tyrannical government which might succeed it, may retard this + impulse, but they cannot prevent it from ultimately fulfilling the + destinies to which that race is reserved. No power upon earth can close + upon the emigrants that fertile wilderness which offers resources to all + industry and a refuge from all want. Future events, of whatever nature + they may be, will not deprive the Americans of their climate or of their + inland seas, of their great rivers or of their exuberant soil. Nor will + bad laws, revolutions, and anarchy, be able to obliterate that love of + prosperity and that spirit of enterprise which seem to be the distinctive + characteristics of their race, or to extinguish that knowledge which + guides them on their way. + </p> + <p> + Thus, in the midst of the uncertain future, one event at least is sure. At + a period which may be said to be near (for we are speaking of the life of + a nation), the Anglo-Americans will alone cover the immense space + contained between the polar regions and the tropics, extending from the + coasts of the Atlantic to the shores of the Pacific ocean. The territory + which will probably be occupied by the Anglo-Americans at some future + time, may be computed to equal three-quarters of Europe in extent.{298} + The climate of the Union is upon the whole preferable to that of Europe, + and its natural advantages are not less great; it is therefore evident + that its population will at some future time be proportionate to our own. + Europe, divided as it is between so many different nations, and torn as it + has been by incessant wars and the barbarous manners of the Middle Ages, + has notwithstanding attained a population of 410 inhabitants to the square + league.{299} What cause can prevent the United States from having as + numerous a population in time? + </p> + <p> + Many ages must elapse before the divers offsets of the British race in + America cease to present the same homogeneous characteristics; and the + time cannot be foreseen at which a permanent inequality of conditions will + be established in the New World. Whatever differences may arise, from + peace or from war, from freedom or oppression, from prosperity or want, + between the destinies of the different descendants of the great + Anglo-American family, they will at least preserve an analogous social + condition, and they will hold in common the customs and the opinions to + which that social condition has given birth. + </p> + <p> + In the Middle Ages, the tie of religion was sufficiently powerful to imbue + all the different populations of Europe with the same civilisation. The + British of the New World have a thousand other reciprocal ties; and they + live at a time when the tendency to equality is general among mankind. The + Middle Ages were a period when everything was broken up; when each people, + each province, each city, and each family, had a strong tendency to + maintain its distinct individuality. At the present time an opposite + tendency seems to prevail, and the nations seem to be advancing to unity. + Our means of intellectual intercourse unite the most remote parts of the + earth; and it is impossible for men to remain strangers to each other, or + to be ignorant of the events which are taking place in any corner of the + globe. The consequence is, that there is less difference, at the present + day, between the Europeans and their descendants in the New World, than + there was between certain towns in the thirteenth century, which were only + separated by a river. If this tendency to assimilation brings foreign + nations closer to each other, it must <i>a fortiori</i> prevent the + descendants of the same people from becoming aliens to each other. + </p> + <p> + The time will therefore come when one hundred and fifty millions of men + will be living in North America,{300} equal in condition, the progeny of + one race, owing their origin to the same cause, and preserving the same + civilisation, the same language, the same religion, the same habits, the + same manners, and imbued with the same opinions, propagated under the same + forms. The rest is uncertain, but this is certain; and it is a fact new to + the world—a fact fraught with such portentous consequences as to + baffle the efforts even of the imagination. + </p> + <p> + There are, at the present time, two great nations in the world, which seem + to tend toward the same end, although they started from different points; + I allude to the Russians and the Americans. Both of them have grown up + unnoticed; and while the attention of mankind was directed elsewhere, they + have suddenly assumed a most prominent place among the nations; and the + world learned their existence and their greatness at almost the same time. + </p> + <p> + All other nations seem to have nearly reached their natural limits, and + only to be charged with the maintenance of their power; but these are + still in the act of growth;{301} all the others are stopped, or continue + to advance with extreme difficulty; these are proceeding with ease and + with celerity along a path to which the human eye can assign no term. The + American struggles against the natural obstacles which oppose him; the + adversaries of the Russian are men; the former combats the wilderness and + savage life; the latter, civilisation with all its weapons and its arts; + the conquests of the one are therefore gained by the ploughshare; those of + the other, by the sword. The Anglo-American relies upon personal interest + to accomplish his ends, and gives free scope to the unguided exertions and + common sense of the citizens; the Russian centres all the authority of + society in a single arm; the principal instrument of the former is + freedom; of the latter, servitude. Their starting-point is different, and + their courses are not the same; yet each of them seems to be marked out by + the will of Heaven to sway the destinies of half the globe. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <br /><br /> + </p> + <p> + Endnotes: + </p> + <p> + {297} The foremost of these circumstances is, that nations which are + accustomed to free institutions and municipal government are better able + than any others to found prosperous colonies. The habit of thinking and + governing for oneself is indispensable in a new country, where success + necessarily depends, in a great measure, upon the individual exertions of + the settlers. + </p> + <p> + {298} The United States already extend over a territory equal to one half + of Europe. The area of Europe is 500,000 square leagues, and its + population 205,000,000 of inhabitants. (Maltebrun, liv. 114, vol., vi., p. + 4.) + </p> + <p> + {299} See Maltebrun, liv. 116, vol. vi., p.92. + </p> + <p> + {300} This would be a population proportionate to that of Europe, taken at + a mean rate of 410 inhabitants to the square league. + </p> + <p> + {301} Russia is the country in the Old World in which population increases + most rapidly in proportion. + </p> + <p> + <br /><br /> + </p> + <hr /> + <p> + <a name="link2H_APPE" id="link2H_APPE"> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + APPENDICES + </h2> + <p> + APPENDIX A.—Page 17. + </p> + <p> + For information concerning all the countries of the West which have not + been visited by Europeans, consult the account of two expeditions + undertaken at the expense of congress by Major Long. This traveller + particularly mentions, on the subject of the great American desert, that a + line may be drawn nearly parallel to the 20th degree of longitude{302} + (meridian of Washington), beginning from the Red river and ending at the + river Platte. From this imaginary line to the Rocky mountains, which bound + the valley of the Mississippi on the west, lie immense plains, which are + almost entirely covered with sand, incapable of cultivation, or scattered + over with masses of granite. In summer, these plains are quite destitute + of water, and nothing is to be seen on them but herds of buffaloes and + wild horses. Some hordes of Indians are also found there, but in no great + number. + </p> + <p> + Major Long was told, that in travelling northward from the river Platte, + you find the same desert constantly on the left; but he was unable to + ascertain the truth of this report. (Long's Expedition, vol. ii., p. 361.) + </p> + <p> + However worthy of confidence may be the narrative of Major Long, it must + be remembered that he only passed through the country of which he speaks, + without deviating widely from the line which he had traced out for his + journey. + </p> + <p> + {302} The 20th degree of longitude according to the meridian of + Washington, agrees very nearly with the 97th degree on the meridian of + Greenwich. + </p> + <p> + APPENDIX B.—Page 18. + </p> + <p> + South America, in the regions between the tropics, produces an incredible + profusion of climbing-plants, of which the Flora of the Antilles alone + presents us with forty different species. + </p> + <p> + Among the most graceful of these shrubs is the passion-flower, which, + according to Descourtiz, grows with such luxuriance in the Antilles, as to + climb trees by means of the tendrils with which it is provided, and form + moving bowers of rich and elegant festoons, decorated with blue and purple + flowers, and fragrant with perfume. (Vol. i., p. 265.) + </p> + <p> + The <i>mimosa scandens</i> (acacia à grandes gousses) is a creeper of + enormous and rapid growth, which climbs from tree to tree, and sometimes + covers more than half a league. (Vol. iii., p. 227.) + </p> + <p> + APPENDIX C.—Page 20. + </p> + <p> + The languages which are spoken by the Indians of America, from the Pole to + Cape Horn, are said to be all formed upon the same model, and subject to + the same grammatical rules; whence it may fairly be concluded that all the + Indian nations sprang from the same stock. + </p> + <p> + Each tribe of the American continent speaks a different dialect; but the + number of languages, properly so called, is very small, a fact which tends + to prove that the nations of the New World had not a very remote origin. + </p> + <p> + Moreover, the languages of America have a great degree of regularity; from + which it seems probable that the tribes which employ them had not + undergone any great revolutions, or been incorporated, voluntarily, or by + constraint, with foreign nations. For it is generally the union of several + languages into one which produces grammatical irregularities. + </p> + <p> + It is not long since the American languages, especially those of the + north, first attracted the serious attention of philologists, when the + discovery was made that this idiom of a barbarous people was the product + of a complicated system of ideas and very learned combinations. These + languages were found to be very rich, and great pains had been taken at + their formation to render them agreeable to the ear. + </p> + <p> + The grammatical system of the Americans differs from all others in several + points, but especially in the following:— + </p> + <p> + Some nations in Europe, among others the Germans, have the power of + combining at pleasure different expressions, and thus giving a complex + sense to certain words. The Indians have given a most surprising extension + to this power, so as to arrive at the means of connecting a great number + of ideas with a single term. This will be easily understood with the help + of an example quoted by Mr. Duponceau, in the Memoirs of the Philosophical + Society of America. + </p> + <p> + "A Delaware woman, playing with a cat or a young dog," says this writer, + "is heard to pronounce the word <i>kuligatschis</i>; which is thus + composed; <i>k</i> is the sign of the second person, and signifies 'thou' + or 'thy;' <i>uli</i> is a part of the word <i>wulit</i>, which signifies + 'beautiful,' 'pretty;' <i>gat</i> is another fragment of the word <i>wichgat</i>, + which means 'paw;' and lastly, <i>schis</i> is a diminutive giving the + idea of smallness. Thus in one word the Indian woman has expressed, 'Thy + pretty little paw.'" + </p> + <p> + Take another example of the felicity with which the savages of America + have composed their words. A young man of Delaware is called <i>pilape</i>. + This word is formed from <i>pilsit</i>, chaste, innocent; and <i>lenape</i>, + man; viz., man in his purity and innocence. + </p> + <p> + This facility of combining words is most remarkable in the strange + formation of their verbs. The most complex action is often expressed by a + single verb, which serves to convey all the shades of an idea by the + modification of its construction. + </p> + <p> + Those who may wish to examine more in detail this subject, which I have + only glanced at superficially, should read:— + </p> + <p> + 1. The correspondence of Mr. Duponceau and the Rev. Mr. Hecwelder relative + to the Indian languages; which is to be found in the first volume of the + Memoirs of the Philosophical Society of America, published at + Philadelphia, 1819, by Abraham Small, vol i., pp 356-464. + </p> + <p> + 2. The grammar of the Delaware or Lenape language by Geiberger, the + preface of Mr. Duponceau. All these are in the same collection, vol. iii. + </p> + <p> + 3. An excellent account of these works, which is at the end of the 6th + volume of the American Encyclopaedia. + </p> + <p> + APPENDIX D.—Page 22. + </p> + <p> + See in Charlevoix, vol i., p. 235, the history of the first war which the + French inhabitants of Canada carried on, in 1610, against the Iroquois. + The latter, armed with bows and arrows, offered a desperate resistance to + the French and their allies. Charlevoix is not a great painter, yet he + exhibits clearly enough, in this narrative, the contrast between the + European manners and those of savages, as well as the different way in + which the two races of men understood the sense of honor. + </p> + <p> + When the French, says he, seized upon the beaver-skins which covered the + Indians who had fallen, the Hurons, their allies, were greatly offended at + this proceeding; but without hesitation they set to work in their usual + manner, inflicting horrid cruelties upon the prisoners, and devouring one + of those who had been killed, which made the Frenchmen shudder. The + barbarians prided themselves upon a scrupulousness which they were + surprised at not finding in our nation; and could not understand that + there was less to reprehend in the stripping of dead bodies, than in the + devouring of their flesh like wild beasts. + </p> + <p> + Charlevoix, in another place (vol. i., p. 230), thus describes the first + torture of which Champlain was an eyewitness, and the return of the Hurons + into their own village. + </p> + <p> + "Having proceeded about eight leagues," says he, "our allies halted: and + having singled out one of their captives, they reproached him with all the + cruelties which he had practised upon the warriors of their nation who had + fallen into his hands, and told him that he might expect to be treated in + like manner; adding, that if he had any spirit, he would prove it by + singing. He immediately chanted forth his death-song, and then his + war-song, and all the songs he knew, 'but in a very mournful strain,' says + Champlain, who was not then aware that all savage music has a melancholy + character. The tortures which succeeded, accompanied by all the horrors + which we shall mention hereafter, terrified the French, who made every + effort to put a stop to them, but in vain. The following night one of the + Hurons having dreamed that they were pursued, the retreat was changed to a + real flight, and the savages never stopped until they were out of the + reach of danger." + </p> + <p> + The moment they perceived the cabins of their own village, they cut + themselves long sticks, to which they fastened the scalps which had fallen + to their share, and carried them in triumph. At this sight, the women swam + to the canoes, where they received the bloody scalps from the hands of + their husbands, and tied them round their necks. + </p> + <p> + The warriors offered one of these horrible trophies to Champlain; they + also presented him with some bows and arrows—the only spoils of the + Iroquois which they had ventured to seize—entreating him to show + them to the king of France. + </p> + <p> + Champlain lived a whole winter quite alone among these barbarians, without + being under any alarm for his person or property. + </p> + <p> + APPENDIX E.—Page 36. + </p> + <p> + Although the puritanical strictness which presided over the establishment + of the English colonies in America is now much relaxed, remarkable traces + of it are still found in their habits and their laws. In 1792, at the very + time when the anti-Christian republic of France began its ephemeral + existence, the legislative body of Massachusetts promulgated the following + law, to compel the citizens to observe the sabbath. We give the preamble, + and the principal articles of this law, which is worthy of the reader's + attention. + </p> + <p> + "Whereas," says the legislator, "the observation of the Sunday is an + affair of public interest; inasmuch as it produces a necessary suspension + of labor, leads men to reflect upon the duties of life and the errors to + which human nature is liable, and provides for the public and private + worship of God the creator and governor of the universe, and for the + performance of such acts of charity as are the ornament and comfort of + Christian societies:— + </p> + <p> + "Whereas, irreligious or light-minded persons, forgetting the duties which + the sabbath imposes, and the benefits which these duties confer on + society, are known to profane its sanctity, by following their pleasures + or their affairs; this way of acting being contrary to their own interest + as Christians, and calculated to annoy those who do not follow their + example; being also of great injury to society at large, by spreading a + taste for dissipation and dissolute manners;— + </p> + <p> + "Be it enacted and ordained by the governor, council, and representatives + convened in general court of assembly, that all and every person and + persons shall, on that day, carefully apply themselves to the duties of + religion and piety; that no tradesman or laborer shall exercise his + ordinary calling, and that no game or recreation shall be used on the + Lord's day, upon pain of forfeiting ten shillings;— + </p> + <p> + "That no one shall travel on that day, or any part thereof, under pain of + forfeiting twenty shillings; that no vessel shall leave a harbor of the + colony; that no person shall keep outside the meetinghouse during the time + of public worship, or profane the time by playing or talking, on penalty + of five shillings. + </p> + <p> + "Public-houses shall not entertain any other than strangers or lodgers, + under a penalty of five shillings for every person found drinking or + abiding therein. + </p> + <p> + "Any person in health who, without sufficient reason, shall omit to + worship God in public during three months, shall be condemned to a fine of + ten shillings. + </p> + <p> + "Any person guilty of misbehavior in a place of public worship shall be + fined from five to forty shillings. + </p> + <p> + "These laws are to be enforced by the tithing-men of each township, who + have authority to visit public-houses on the Sunday. The innkeeper who + shall refuse them admittance shall be fined forty shillings for such + offence. + </p> + <p> + "The tithing-men are to stop travellers, and to require of them their + reason for being on the road on Sunday: any one refusing to answer shall + be sentenced to pay a fine not exceeding five pounds sterling. If the + reason given by the traveller be not deemed by the tithing-men sufficient, + he may bring the traveller before the justice of the peace of the + district." (<i>Law of the 8th March, 1792: General Laws of Massachusetts</i>, + vol. i., p. 410.) + </p> + <p> + On the 11th March, 1797, a new law increased the amount of fines, half of + which was to be given to the informer. (<i>Same collection</i>, vol. ii., + p. 525.) + </p> + <p> + On the 16th February, 1816, a new law confirmed these measures. (<i>Same + collection</i>, vol. ii., p. 405.) + </p> + <p> + Similar enactments exist in the laws of the state of New York, revised in + 1827 and 1828. (See <i>Revised Statutes</i>, part i., chapter 20, p. 675.) + In these it is declared that no one is allowed on the sabbath to sport, to + fish, play at games, or to frequent houses where liquor is sold. <i>No one</i> + can travel except in case of necessity. + </p> + <p> + And this is not the only trace which the religious strictness and austere + manners of the first emigrants have left behind them in the American laws. + </p> + <p> + In the revised statutes of the state of New York, vol. i., p. 662, is the + following clause:— + </p> + <p> + "Whoever shall win or lose in the space of twenty-four hours, by gaming or + betting, the sum of twenty-five dollars, shall be found guilty of a + misdemeanor, and, upon conviction, shall be condemned to pay a fine equal + to at least five times the value of the sum lost or won; which will be + paid to the inspector of the poor of the township. He that loses + twenty-five dollars or more, may bring an action to recover them; and if + he neglects to do so, the inspector of the poor may prosecute the winner, + and oblige him to pay into the poor box both the sum he has gained and + three times as much beside." + </p> + <p> + The laws we quote from are of recent date; but they are unintelligible + without going back to the very origin of the colonies. I have no doubt + that in our days the penal part of these laws is very rarely applied. Laws + preserve their inflexibility long after the manners of a nation have + yielded to the influence of time. It is still true, however, that nothing + strikes a foreigner on his arrival in America more forcibly than the + regard to the sabbath. + </p> + <p> + There is one, in particular, of the large American cities, in which all + social movements begin to be suspended even on Saturday evening. You + traverse its streets at the hour at which you expect men in the middle of + life to be engaged in business, and young people in pleasure; and you meet + with solitude and silence. Not only have all ceased to work, but they + appear to have ceased to exist. Neither the movements of industry are + heard, nor the accents of joy, nor even the confused murmur which arises + from the midst of a great city. Chains are hung across the streets in the + neighborhood of the churches; the half closed shutters of the houses + scarcely admit a ray of sun into the dwellings of the citizens. Now and + then you perceive a solitary individual, who glides silently along the + deserted streets and lanes. + </p> + <p> + Next day, at early dawn, the rolling of carriages, the noise of hammers, + the cries of the population, begin to make themselves heard again. The + city is awake. An eager crowd hastens toward the resort of commerce and + industry; everything around you bespeaks motion, bustle, hurry. A feverish + activity succeeds to the lethargic stupor of yesterday: you might almost + suppose that they had but one day to acquire wealth and to enjoy it. + </p> + <p> + APPENDIX F.—Page 41. + </p> + <p> + It is unnecessary for me to say, that in the chapter which has just been + read, I have not had the intention of giving a history of America. My only + object was to enable the reader to appreciate the influence which the + opinions and manners of the first emigrants had exercised upon the fate of + the different colonies and of the Union in general. I have therefore + confined myself to the quotation of a few detached fragments. + </p> + <p> + I do not know whether I am deceived, but it appears to me that by pursuing + the path which I have merely pointed out, it would be easy to present such + pictures of the American republics as would not be unworthy the attention + of the public, and could not fail to suggest to the statesman matter for + reflection. + </p> + <p> + Not being able to devote myself to this labor, I am anxious to render it + easy to others; and for this purpose, I subjoin a short catalogue and + analysis of the works which seem to me the most important to consult. + </p> + <p> + At the head of the general documents, which it would be advantageous to + examine, I place the work entitled An Historical Collection of State + Papers, and other authentic Documents, intended as Materials for a History + of the United States of America, by Ebenezer Hasard. The first volume of + this compilation, which was printed at Philadelphia in 1792, contains a + literal copy of all the charters granted by the crown of England to the + emigrants, as well as the principal acts of the colonial governments, + during the commencement of their existence. Among other authentic + documents, we here find a great many relating to the affairs of New + England and Virginia during this period. The second volume is almost + entirely devoted to the acts of the confederation of 1643. This federal + compact, which was entered into by the colonies of New England with the + view of resisting the Indians, was the first instance of union afforded by + the Anglo-Americans. There were besides many other confederations of the + same nature, before the famous one of 1776, which brought about the + independence of the colonies. + </p> + <p> + Each colony has, besides, its own historic monuments, some of which are + extremely curious; beginning with Virginia, the state which was first + peopled. The earliest historian of Virginia was its founder, Capt. John + Smith. Capt. Smith has left us an octavo volume, entitled, The generall + Historic of Virginia and New England, by Captain John Smith, sometymes + Governour in those Countryes, and Admirall of New England; printed at + London in 1627. The work is adorned with curious maps and engravings of + the time when it appeared; the narrative extends from the year 1584 to + 1626. Smith's work is highly and deservedly esteemed. The author was one + of the most celebrated adventurers of a period of remarkable adventure; + his book breathes that ardor for discovery, that spirit of enterprise + which characterized the men of his time, when the manners of chivalry were + united to zeal for commerce, and made subservient to the acquisition of + wealth. + </p> + <p> + But Capt. Smith is remarkable for uniting, to the virtues which + characterized his contemporaries, several qualities to which they were + generally strangers: his style is simple and concise, his narratives bear + the stamp of truth, and his descriptions are free from false ornament. + </p> + <p> + This author throws most valuable light upon the state and condition of the + Indians at the time when North America was first discovered. + </p> + <p> + The second historian to consult is Beverley, who commences his narrative + with the year 1595, and ends it with 1700. The first part of his book + contains historical documents, properly so called, relative to the infancy + of the colonies. The second affords a most curious picture of the Indians + at this remote period. The third conveys very clear ideas concerning the + manners, social condition, laws, and political customs of the Virginians + in the author's lifetime. + </p> + <p> + Beverley was a native of Virginia, which occasions him to say at the + beginning of his book that he entreats his readers not to exercise their + critical severity upon it, since, having been born in the Indies, he does + not aspire to purity of language. Notwithstanding this colonial modesty, + the author shows throughout his book the impatience with which he endures + the supremacy of the mother-country. In this work of Beverley are also + found numerous traces of that spirit of civil liberty which animated the + English colonies of America at the time when he wrote. He also shows the + dissensions which existed among them and retarded their independence. + Beverley detests his catholic neighbors of Maryland, even more than he + hates the English government; his style is simple, his narrative + interesting and apparently trustworthy. + </p> + <p> + I saw in America another work which ought to be consulted, entitled, The + <i>History of Virginia</i>, by William Stith. This book affords some + curious details, but <i>I</i> thought it long and diffuse. + </p> + <p> + The most ancient as well as the best document to be consulted on the + history of Carolina is a work in a small quarto, entitled, The History of + Carolina, by John Lawson, printed at London in 1718. This work contains, + in the first part, a journey of discovery in the west of Carolina; the + account of which, given in the form of a journal, is in general confused + and superficial; but it contains a very striking description of the + mortality caused among the savages of that time, both by the small-pox and + the immoderate use of brandy; and with a curious picture of the corruption + of manners prevalent among them, which was increased by the presence of + Europeans. The second part of Lawson's book is taken up with a description + of the physical condition of Carolina, and its productions. In the third + part, the author gives an interesting account of the manners, customs, and + government of the Indians at that period. There is a good deal of talent + and originality in this part of the work. + </p> + <p> + Lawson concludes his history with a copy of the charter granted to the + Carolinas in the reign of Charles II. The general tone of this work is + light, and often licentious, forming a perfect contrast to the solemn + style of the works published at the same period in New England. Lawson's + history is extremely scarce in America, and cannot be procured in Europe. + There is, however, a copy of it in the royal library at Paris. + </p> + <p> + From the southern extremity of the United States I pass at once to the + northern limit; as the intermediate space was not peopled till a later + period. + </p> + <p> + I must first point out a very curious compilation, entitled, Collection of + the Massachusetts Historical Society, printed for the first time at Boston + in 1792, and reprinted in 1806. The collection of which I speak, and which + is continued to the present day, contains a great number of very valuable + documents relating to the history of the different states of New England. + Among them are letters which have never been published, and authentic + pieces which have been buried in provincial archives. The whole work of + Gookin concerning the Indians is inserted there. + </p> + <p> + I have mentioned several times, in the chapter to which this note relates, + the work of Nathaniel Norton, entitled New England's Memorial; + sufficiently perhaps to prove that it deserves the attention of those who + would be conversant with the history of New England. This book is in 8vo. + and was reprinted at Boston in 1826. + </p> + <p> + The most valuable and important authority which exists upon the history of + New England is the work of the Rev. Cotton Mather, entitled Magnalia + Christi Americana, or the Ecclesiastical History of New England, + 1620-1698, 2 vols. 8vo, reprinted at Hartford, United States, in 1820. (A + folio edition of this work was published in London in 1702.) The author + divided his work into seven books. The first presents the history of the + events which prepared and brought about the establishment of New England. + The second contains the lives of the first governors and chief magistrates + who presided over the country. The third is devoted to the lives and + labors of the evangelical ministers who during the same period had the + care of souls. In the fourth the author relates the institution and + progress of the University of Cambridge (Massachusetts). In the fifth he + describes the principles and the discipline of the Church of New England. + The sixth is taken up in retracing certain facts, which, in the opinion of + Mather, prove the merciful interposition of Providence in behalf of the + inhabitants of New England. Lastly, in the seventh, the author gives an + account of the heresies and the troubles to which the Church of New + England was exposed. Cotton Mather was an evangelical minister who was + born at Boston, and passed his life there. His narratives are + distinguished by the same ardor and religious zeal which led to the + foundation of the colonies of New England. Traces of bad taste sometimes + occur in his manner of writing; but he interests, because he is full of + enthusiasm. He is often intolerant, still oftener credulous, but he never + betrays an intention to deceive. Sometimes his book contains fine + passages, and true and profound reflections, such as the following:— + </p> + <p> + "Before the arrival of the Puritans," says he (vol. i., chap, iv.), "there + were more than a few attempts of the English to people and improve the + parts of New England which were to the northward of New Plymouth; but the + design of those attempts being aimed no higher than the advancement of + some worldly interests, a constant series of disasters has confounded + them, until there was a plantation erected upon the nobler designs of + Christianity: and that plantation, though it has had more adversaries than + perhaps any one upon earth, yet, having obtained help from God, it + continues to this day." + </p> + <p> + Mather occasionally relieves the austerity of his descriptions with images + full of tender feeling: after having spoken of an English lady whose + religious ardor had brought her to America with her husband, and who soon + after sank under the fatigues and privations of exile, he adds, "As for + her virtuous husband, Isaac Johnson, + </p> +<pre xml:space="preserve"> + "He tried + To live without her, liked it not, and died."—(Vol. i.) +</pre> + <p> + Mather's work gives an admirable picture of the time and country which he + describes. In his account of the motives which led the puritans to seek an + asylum beyond seas, he says:— + </p> + <p> + "The God of heaven served, as it were, a summons upon the spirits of his + people in the English nation, stirring up the spirits of thousands which + never saw the faces of each other, with a most unanimous inclination to + leave the pleasant accommodations of their native country, and go over a + terrible ocean, into a more terrible desert, for the pure enjoyment of all + his ordinances. It is now reasonable that, before we pass any farther, the + reasons of this undertaking should be more exactly made known unto + posterity, especially unto the posterity of those that were the + undertakers, lest they come at length to forget and neglect the true + interest of New England. Wherefore I shall now transcribe some of them + from a manuscript wherein they were then tendered unto consideration. + </p> + <p> + "<i>General Considerations for the Plantation of New England</i>. + </p> + <p> + "First, it will be a service unto the church of great consequence, to + carry the gospel unto those parts of the world, and raise a bulwark + against the kingdom of antichrist, which the Jesuits labor to rear up in + all parts of the world. + </p> + <p> + "Secondly, all other churches of Europe have been brought under + desolations; and it may be feared that the like judgments are coming upon + us; and who knows but God hath provided this place to be a refuge for many + whom he means to save out of the general destruction! + </p> + <p> + "Thirdly, the land grows weary of her inhabitants, inasmuch that man, + which is the most precious of all creatures, is here more vile and base + than the earth he treads upon; children, neighbors, and friends, + especially the poor, are counted the greatest burdens, which, if things + were right, would be the chiefest of earthly blessings. + </p> + <p> + "Fourthly, we are grown to that intemperance in all excess of riot, as no + mean estate almost will suffice a man to keep sail with his equals, and he + that fails in it must live in scorn and contempt; hence it comes to pass, + that all arts and trades are carried in that deceitful manner and + unrighteous course, as it is almost impossible for a good upright man to + maintain his constant charge and live comfortably in them. + </p> + <p> + "Fifthly, the schools of learning and religion are so corrupted, as + (beside the unsupportable charge of education) most children, even the + best, wittiest, and of the fairest hopes, are prevented, corrupted, and + utterly overthrown by the multitude of evil examples and licentious + behaviors in these seminaries. + </p> + <p> + "Sixthly, the whole earth is the Lord's garden, and he hath given it to + the sons of Adam, to be tilled and improved by them: why then should we + stand starving here for places of habitation, and in the mean time suffer + whole countries, as profitable for the use of man, to lie waste without + any improvement? + </p> + <p> + "Seventhly, what can be a better or a nobler work, and more worthy of a + Christian, than to erect and support a reformed particular church in its + infancy, and unite our forces with such a company of faithful people, as + by timely assistance may grow stronger and prosper; but for want of it, + may be put to great hazards, if not be wholly ruined. + </p> + <p> + "Eighthly, if any such as are known to be godly, and live in wealth and + prosperity here, shall forsake all this to join with this reformed church, + and with it run the hazard of a hard and mean condition, it will be an + example of great use, both for the removing of scandal, and to give more + life unto the faith of God's people in their prayers for the plantation, + and also to encourage others to join the more willingly in it." + </p> + <p> + Farther on, when he declares the principles of the church of New England + with respect to morals, Mather inveighs with violence against the custom + of drinking healths at table, which he denounces as a pagan and abominable + practice. He proscribes with the same rigor all ornaments for the hair + used by the female sex, as well as their custom of having the arms and + neck uncovered. + </p> + <p> + In another part of his work he relates several instances of witchcraft + which had alarmed New England. It is plain that the visible action of the + devil in the affairs of this world appeared to him an incontestible and + evident fact. + </p> + <p> + This work of Cotton Mather displays in many places, the spirit of civil + liberty and political independence which characterized the times in which + he lived. Their principles respecting government are discoverable at every + page. Thus, for instance, the inhabitants of Massachusetts, in the year + 1630, ten years after the foundation of Plymouth, are found to have + devoted 400<i>l</i>. sterling to the establishment of the University of + Cambridge. In passing from the general documents relative to the history + of New England, to those which describe the several states comprised + within its limits, I ought first to notice The History of the Colony of + Massachusetts, by Hutchinson, Lieutenant-Governor of the Massachusetts + Province, 2 vols., 8vo. + </p> + <p> + The history of Hutchinson, which I have several times quoted in the + chapter to which this note relates, commences in the year 1628 and ends in + 1750. Throughout the work there is a striking air of truth and the + greatest simplicity of style; it is full of minute details. + </p> + <p> + The best history to consult concerning Connecticut is that of Benjamin + Trumbull, entitled, A Complete History of Connecticut, Civil and + Ecclesiastical, 1630-1764; 2 vols., 8vo., printed in 1818, at New Haven. + This history contains a clear and calm account of all the events which + happened in Connecticut during the period given in the title. The author + drew from the best sources; and his narrative bears the stamp of truth. + All that he says of the early days of Connecticut is extremely curious. + See especially the constitution of 1639, vol. i., ch. vi., p. 100; and + also the penal laws of Connecticut, vol. i., ch. vii., p. 123. + </p> + <p> + The History of New Hampshire, by Jeremy Belknap, is a work held in merited + estimation. It was printed at Boston in 1792, in 2 vols., 8vo. The third + chapter of the first volume is particularly worthy of attention for the + valuable details it affords on the political and religious principles of + the puritans, on the causes of their emigration, and on their laws. The + following curious quotation is given from a sermon delivered in 1663: "It + concerneth New England always to remember that they are a plantation + religious, not a plantation of trade. The profession of the purity of + doctrine, worship, and discipline, is written on her forehead. Let + merchants, and such as are increasing cent per cent, remember this, that + worldly gain was not the end and design of the people of New England, but + religion. And if any man among us make religion as twelve, and the world + as thirteen, such an one hath not the true spirit of a true New + Englishman." The reader of Belknap will find in his work more general + ideas, and more strength of thought, than are to be met with in the + American historians even to the present day. + </p> + <p> + Among the central states which deserve our attention for their remote + origin, New York and Pennsylvania are the foremost. The best history we + have of the former is entitled A History of New York, by William Smith, + printed in London in 1757. Smith gives us important details of the wars + between the French and English in America. His is the best account of the + famous confederation of the Iroquois. + </p> + <p> + With respect to Pennsylvania, I cannot do better than point out the work + of Proud, entitled the History of Pennsylvania, from the original + Institution and Settlement of that Province, under the first Proprietor + and Governor, William Penn, in 1681, till after the year 1742; by Robert + Proud; 2 vols., 8vo., printed at Philadelphia in 1797. This work is + deserving of the especial attention of the reader; it contains a mass of + curious documents concerning Penn, the doctrine of the Quakers, and the + character, manners, and customs of the first inhabitants of Pennsylvania. + </p> + <p> + APPENDIX G.—Page 48. + </p> + <p> + We read in Jefferson's Memoirs as follows:— + </p> + <p> + "At the time of the first settlement of the English in Virginia, when land + was had for little or nothing, some provident persons having obtained + large grants of it, and being desirous of maintaining the splendor of + their families, entailed their property upon their descendants. The + transmission of these estates from generation to generation, to men who + bore the same name, had the effect of raising up a distinct class of + families, who, possessing by law the privilege of perpetuating their + wealth, formed by these means a sort of patrician order, distinguished by + the grandeur and luxury of their establishments. From this order it was + that the king usually chose his counsellor of state." (This passage is + extracted and translated from M. Conseil's work upon the Life of + Jefferson, entitled, "<i>Mélanges Politiques et Philosophiques de + Jefferson</i>.") + </p> + <p> + In the United States, the principal clauses of the English law respecting + descent have been universally rejected. The first rule that we follow, + says Mr. Kent, touching inheritance, is the following: If a man dies + intestate, his property goes to his heirs in a direct line. If he has but + one heir or heiress, he or she succeeds to the whole. If there are several + heirs of the same degree, they divide the inheritance equally among them, + without distinction of sex. + </p> + <p> + This rule was prescribed for the first time in the state of New York by a + statute of the 23d of February, 1786. (See Revised Statutes, vol. iii., + Appendix, p. 48.) It has since then been adopted in the revised statutes + of the same state. At the present day this law holds good throughout the + whole of the United States, with the exception of the state of Vermont, + where the male heir inherits a double portion: Kent's Commentaries, vol. + iv., p. 370. Mr. Kent, in the same work, vol. iv., p. 1-22, gives an + historical account of American legislation on the subject of entail; by + this we learn that previous to the revolution the colonies followed the + English law of entail. Estates tail were abolished in Virginia in 1776, on + a motion of Mr. Jefferson. They were suppressed in New York in 1786; and + have since been abolished in North Carolina, Kentucky, Tennessee, Georgia, + and Missouri. In Vermont, Indiana, Illinois, South Carolina, and + Louisiana, entail was never introduced. Those States which thought proper + to preserve the English law of entail, modified it in such a way as to + deprive it of its most aristocratic tendencies. "Our general principles on + the subject of government," says Mr. Kent, "tend to favor the free + circulation of property." + </p> + <p> + It cannot fail to strike the French reader who studies the law of + inheritance, that on these questions the French legislation is infinitely + more democratic even than the American. + </p> + <p> + The American law makes an equal division of the father's property, but + only in the case of his will not being known; "for every man," says the + law, "in the state of New York (Revised Statutes, vol. iii., Appendix, p. + 51), has entire liberty, power, and authority, to dispose of his property + by will, to leave it entire, or divided in favor of any persons he chooses + as his heirs, provided he do not leave it to a political body or any + corporation." The French law obliges the testator to divide his property + equally, or nearly so, among his heirs. + </p> + <p> + Most of the American republics still admit of entails, under certain + restrictions; but the French law prohibits entail in all cases. + </p> + <p> + If the social condition of the Americans is more democratic than that of + the French, the laws of the latter are the most democratic of the two. + This may be explained more easily than at first appears to be the case. In + France, democracy is still occupied in the work of destruction; in America + it reigns quietly over the ruins it has made. + </p> + <p> + APPENDIX H.—Page 55. + </p> + <p> + <br /><br /> + </p> + <h3> + SUMMARY OF THE QUALIFICATIONS OF VOTERS IN THE UNITED STATES. + </h3> + <p> + All the states agree in granting the right of voting at the age of + twenty-one. In all of them it is necessary to have resided for a certain + time in the district where the vote is given. This period varies from + three months to two years. + </p> + <p> + As to the qualification; in the state of Massachusetts it is necessary to + have an income of three pounds sterling or a capital of sixty pounds. + </p> + <p> + In Rhode Island a man must possess landed property to the amount of 133 + dollars. + </p> + <p> + In Connecticut he must have a property which gives an income of seventeen + dollars. A year of service in the militia also gives the elective + privilege. + </p> + <p> + In New Jersey, an elector must have a property of fifty pounds a year. + </p> + <p> + In South Carolina and Maryland, the elector must possess fifty acres of + land. + </p> + <p> + In Tennessee, he must possess some property. + </p> + <p> + In the states of Mississippi, Ohio, Georgia, Virginia, Pennsylvania, + Delaware, New York, the only necessary qualification for voting is that of + paying the taxes; and in most of the states, to serve in the militia is + equivalent to the payment of taxes. + </p> + <p> + In Maine and New Hampshire any man can vote who is not on the pauper list. + </p> + <p> + Lastly, in the states of Missouri, Alabama, Illinois, Louisiana, Indiana, + Kentucky, and Vermont, the conditions of voting have no reference to the + property of the elector. + </p> + <p> + I believe there is no other state beside that of North Carolina in which + different conditions are applied to the voting for the senate and the + electing the house of representatives. The electors of the former, in this + case, should possess in property fifty acres of land; to vote for the + latter, nothing more is required than to pay taxes. + </p> + <p> + APPENDIX I.—Page 92. + </p> + <p> + The small number of custom-house officers employed in the United States + compared with the extent of the coast renders smuggling very easy; + notwithstanding which it is less practised than elsewhere, because + everybody endeavors to suppress it. In America there is no police for the + prevention of fires, and such accidents are more frequent than in Europe, + but in general they are more speedily extinguished, because the + surrounding population is prompt in lending assistance. + </p> + <p> + APPENDIX K—Page 94. + </p> + <p> + It is incorrect to assert that centralization was produced by the French + revolution: the revolution brought it to perfection, but did not create + it. The mania for centralization and government regulations dates from the + time when jurists began to take a share in the government, in the time of + Philippe-le-Bel; ever since which period they have been on the increase. + In the year 1775, M. de Malesherbes, speaking in the name of the Cour des + Aides, said to Louis XIV. (see "Mèmoires pour servir à l'Histoire du Droit + Public de la France eft matiere d'lmpots," p. 654, printed at Brussels in + 1779): + </p> + <p> + "Every corporation and every community of citizens retained the right of + administering its own affairs; a right which not only forms part of the + primitive constitution of the kingdom, but has a still higher origin; for + it is the right of nature and of reason. Nevertheless, your subjects, + sire, have been deprived of it; and we cannot refrain from saying that in + this respect your government has fallen into puerile extremes. From the + time when powerful ministers made it a political principle to prevent the + convocation of a national assembly, one consequence has succeeded another, + until the deliberations of the inhabitants of a village are declared null + when they have not been authorized by the intendant. Of course, if the + community have an expensive undertaking to carry through, it must remain + under the control of the sub-delegate of the intendant, and consequently + follow the plan he proposes, employ his favorite workmen, pay them + according to his pleasure; and if an action at law is deemed necessary, + the intendant's permission must be obtained. The cause must be pleaded + before this first tribunal, previous to its being carried into a public + court; and if the opinion of the intendant is opposed to that of the + inhabitants, or if their adversary enjoys his favor, the community is + deprived of the power of defending its rights. Such are the means, sire, + which have been exerted to extinguish the municipal spirit in France; and + to stifle, if possible, the opinions of the citizens. The nation may be + said to lie under an interdict, and to be in wardship under guardians." + </p> + <p> + What could be said more to the purpose at the present day, when the + revolution has achieved what are called its victories in centralization? + </p> + <p> + In 1789, Jefferson wrote from Paris to one of his friends: "There is no + country where the mania for over-governing has taken deeper root than in + France, or been the source of greater mischief." Letter to Madison, 28th + August, 1789. + </p> + <p> + The fact is that for several centuries past the central power of France + has done everything it could to extend central administration; it has + acknowledged no other limits than its own strength. The central power to + which the revolution gave birth made more rapid advances than any of its + predecessors, because it was stronger and wiser than they had been; Louis + XIV. committed the welfare of such communities to the caprice of an + intendant; Napoleon left them to that of the minister. The same principle + governed both, though its consequences were more or less remote. + </p> + <p> + APPENDIX L.—Page 97. + </p> + <p> + This immutability of the constitution of France is a necessary consequence + of the laws of that country. + </p> + <p> + To begin with the most important of all the laws, that which decides the + order of succession to the throne; what can be more immutable in its + principle than a political order founded upon the natural succession of + father to son? In 1814 Louis XVIII. had established the perpetual law of + hereditary succession in favor of his own family. The individuals who + regulated the consequences of the revolution of 1830 followed his example; + they merely established the perpetuity of the law in favor of another + family. In this respect they imitated the Chancellor Maurepas, who, when + he erected the new parliament upon the ruins of the old, took care to + declare in the same ordinance that the rights of the new magistrates + should be as inalienable as those of their predecessors had been. + </p> + <p> + The laws of 1830, like those of 1814, point out no way of changing the + constitution; and it is evident that the ordinary means of legislation are + insufficient for this purpose. As the king, peers, and deputies, all + derive their authority from the constitution, these three powers united + cannot alter a law by virtue of which alone they govern. Out of the pale + of the constitution, they are nothing; where, then, could they take their + stand to effect a change in its provisions? The alternative is clear; + either their efforts are powerless against the charter, which continues to + exist in spite of them, in which case they only reign in the name of the + charter; or, they succeed in changing the charter, and then the law by + which they existed being annulled, they themselves cease to exist. By + destroying the charter, they destroy themselves. + </p> + <p> + This is much more evident in the laws of 1830 than in those of 1814. In + 1814, the royal prerogative took its stand above and beyond the + constitution; but in 1830, it was avowedly created by, and dependant on, + the constitution. + </p> + <p> + A part therefore of the French constitution is immutable, because it is + united to the destiny of a family; and the body of the constitution is + equally immutable, because there appear to be no legal means of changing + it. + </p> + <p> + These remarks are not applicable to England. That country having no + written constitution, who can assert when its constitution is changed. + </p> + <p> + APPENDIX M.—Page 97. + </p> + <p> + The most esteemed authors who have written upon the English constitution + agree with each other in establishing the omnipotence of the parliament. + </p> + <p> + Delolme says: "It is a fundamental principle with the English lawyers, + that parliament can do everything except making a woman a man, or a man a + woman." + </p> + <p> + Blackstone expresses himself more in detail if not more energetically than + Delolme, in the following terms:— + </p> + <p> + "The power and jurisdiction of parliament," says Sir Edward Coke (4 Inst. + 36), "is so transcendant and absolute, that it cannot be confined, either + for causes or persons, within any bounds. And of this high court," he + adds, "may be truly said, 'Si antiquitatem spectes, est vetustissima; si + dignitatem, est honoratissima; si jurisdictionem, est capacissima.' It + hath sovereign and uncontrollable authority in making, confirming, + enlarging, restraining, abrogating, repealing, reviving and expounding of + laws, concerning matters of all possible denominations; ecclesiastical or + temporal; civil, military, maritime, or criminal; this being the place + where that absolute despotic power which must, in all governments, reside + somewhere, is intrusted by the constitution of these kingdoms. All + mischiefs and grievances, operations and remedies, that transcend the + ordinary course of the laws, are within the reach of this extraordinary + tribunal. It can regulate or new model the succession to the crown; as was + done in the reigns of Henry VIII. and William III. It can alter the + established religion of the land; as was done in a variety of instances in + the reigns of King Henry VIII. and his three children. It can change and + create afresh even the constitution of the kingdom, and of the parliaments + themselves; as was done by the act of union and the several statutes for + triennial and septennial elections. It can, in short, do everything that + is not naturally impossible to be done; and, therefore, some have not + scrupled to call its power, by a figure rather too bold, the omnipotence + of parliament." + </p> + <p> + APPENDIX N.—Page 107. + </p> + <p> + There is no question upon which the American constitutions agree more + fully than upon that of political jurisdiction. All the constitutions + which take cognizance of this matter, give to the house of delegates the + exclusive right of impeachment; excepting only the constitution of North + Carolina which grants the same privilege to grand-juries. (Article 23.) + </p> + <p> + Almost all the constitutions give the exclusive right of pronouncing + sentence to the senate, or to the assembly which occupies its place. + </p> + <p> + The only punishments which the political tribunals can inflict are removal + and interdiction of public functions for the future. There is no other + constitution but that of Virginia (152), which enables them to inflict + every kind of punishment. + </p> + <p> + The crimes which are subject to political jurisdiction, are, in the + federal constitution (section 4, art. 1); in that of Indiana (art. 3, + paragraphs 23 and 24); of New York (art. 5); of Delaware (art. 5); high + treason, bribery, and other high crimes or offences. + </p> + <p> + In the constitution of Massachusetts (chap. 1, section 2); that of North + Carolina (art. 23); of Virginia (p. 252), misconduct and + mal-administration. + </p> + <p> + In the constitution of New Hampshire (p. 105) corruption, intrigue and + mal-administration. + </p> + <p> + In Vermont (chap, ii., art 24), mal-administration. + </p> + <p> + In South Carolina (art. 5); Kentucky (art. 5); Tennessee (art. 4); Ohio + (art. 1, §23, 24); Louisiana (art. 5); Mississippi (art. 5); Alabama (art. + 6); Pennsylvania (art. 4); crimes committed in the non-performance of + official duties. + </p> + <p> + In the states of Illinois, Georgia, Maine, and Connecticut, no particular + offences are specified. + </p> + <p> + APPENDIX O.—Page 171. + </p> + <p> + It is true that the powers of Europe may carry on maritime wars with the + Union; but there is always greater facility and less danger in supporting + a maritime than a continental war. Maritime warfare only requires one + species of effort. A commercial people which consents to furnish its + government with the necessary funds, is sure to possess a fleet. And it is + far easier to induce a nation to part with its money, almost + unconsciously, than to reconcile it to sacrifices of men and personal + efforts. Moreover, defeat by sea rarely compromises the existence or + independence of the people which endures it. + </p> + <p> + As for continental wars, it is evident that the nations of Europe cannot + be formidable in this way to the American Union. It would be very + difficult to transport and maintain in America more than 25,000 soldiers; + an army which maybe considered to represent a nation of 2,000,000 of men. + The most populous nation of Europe contending in this way against the + Union, is in the position of a nation of 2,000,000 of inhabitants at war + with one of 12,000,000. Add to this, that America has all its resources + within reach, while the European is at 4,000 miles distance from his; and + that the immensity of the American continent would of itself present an + insurmountable obstacle to its conquest. + </p> + <p> + APPENDIX P.—Page 186. + </p> + <p> + The first American journal appeared in April, 1704, and was published at + Boston. See collection of the Historical Society of Massachusetts, vol. + vi., p. 66. + </p> + <p> + It would be a mistake to suppose that the periodical press has always been + entirely free in the American colonies: an attempt was made to establish + something analogous to a censorship and preliminary security. Consult the + Legislative Documents of Massachusetts of the 14th of January, 1722. + </p> + <p> + The committee appointed by the general assembly (the legislative body of + the province), for the purpose of examining into circumstances connected + with a paper entitled "The New England Courier," expresses its opinion + that "the tendency of the said journal is to turn religion into derision, + and bring it into contempt; that it mentions the sacred writings in a + profane and irreligious manner; that it puts malicious interpretations + upon the conduct of the ministers of the gospel; and that the government + of his majesty is insulted, and the peace and tranquillity of the province + disturbed by the said journal. The committee is consequently of opinion + that the printer and publisher, James Franklin, should be forbidden to + print and publish the said journal or any other work in future, without + having previously submitted it to the secretary of the province; and that + the justices of the peace for the county of Suffolk should be commissioned + to require bail of the said James Franklin for his good conduct during the + ensuing year." + </p> + <p> + The suggestion of the committee was adopted and passed into a law, but the + effect of it was null, for the journal eluded the prohibition by putting + the name of Benjamin Franklin instead of James Franklin at the bottom of + its columns, and this manoeuvre was supported by public opinion. + </p> + <p> + APPENDIX Q.—Page 287. + </p> + <p> + The federal constitution has introduced the jury into the tribunals of the + Union in the same way as the states had introduced it into their own + several courts: but as it has not established any fixed rules for the + choice of jurors, the federal courts select them from the ordinary + jury-list which each state makes for itself. The laws of the states must + therefore be examined for the theory of the formation of juries. See + Story's Commentaries on the Constitution, B. iii., chap. 38, pp. 654-659; + Sergeant's Constitutional Law, p. 165. See also the federal laws, of the + years 1789, 1800, and 1802, upon the subject. + </p> + <p> + For the purpose of thoroughly understanding the American principles with + respect to the formation of juries, I examined the laws of states at a + distance from one another, and the following observations were the result + of my inquiries. + </p> + <p> + In America all the citizens who exercise the elective franchise have the + right of serving upon a jury. The great state of New York, however, has + made a slight difference between the two privileges, but in a spirit + contrary to that of the laws of France; for in the state of New York there + are fewer persons eligible as jurymen than there are electors. It may be + said in general that the right of forming part of a jury, like that of + electing representatives, is open to all the citizens; the exercise of + this right, however, is not put indiscriminately into any hands. + </p> + <p> + Every year a body of municipal or county magistrates—called <i>selectmen</i> + in New England, <i>supervisors</i> in New York, <i>trustees</i> in Ohio, + and <i>sheriffs of the parish</i> in Louisiana—choose for each + county a certain number of citizens who have the right of serving as + jurymen, and who we supposed to be capable of exercising their functions. + These magistrates, being themselves elective, excite no distrust: their + powers, like those of most republican magistrates, are very extensive and + very arbitrary, and they frequently make use of them to remove unworthy or + incompetent jurymen. + </p> + <p> + The names of the jurymen thus chosen are transmitted to the county court; + and the jury who have to decide any affair are drawn by lot from the whole + list of names. + </p> + <p> + The Americans have contrived in every way to make the common people + eligible to the jury, and to render the service as little onerous as + possible. The sessions are held in the chief town of every county; and the + jury are indemnified for their attendance either by the state or the + parties concerned. They receive in general a dollar per day, beside their + travelling expenses. In America the being placed upon the jury is looked + upon as a burden, but it is a burden which is very supportable. See + Brevard's Digest of the Public Statute Law of South Carolina, vol. i, pp. + 446 and 454, vol. ii., pp. 218 and 333; The General Laws of Massachusetts, + revised and published by Authority of the Legislature, v. ii., pp. 187 and + 331; The Revised Statutes of the State of New York, vol. ii., pp. 411, + 643, 717, 720; The Statute Law of the State of Tennessee, vol. i., p. 209; + Acts of the State of Ohio, pp. 95 and 210; and Digeste Genéral des Actes + de la Législature de la Louisiana. + </p> + <p> + APPENDIX R.—Page 290. + </p> + <p> + If we attentively examine the constitution of the jury as introduced into + civil proceedings in England, we shall readily perceive that the jurors + are under the immediate control of the judge. It is true that the verdict + of the jury, in civil as well as in criminal cases, comprises the question + of fact and the question of right in the same reply; thus, a house is + claimed by Peter as having been purchased by him: this is the fact to be + decided. The defendant puts in a plea of incompetency on the part of the + vendor: this is the legal question to be resolved. + </p> + <p> + But the jury do not enjoy the same character of infallibility in civil + cases, according to the practice of the English courts, as they do in + criminal cases. The judge may refuse to receive the verdict; and even + after the first trial has taken place, a second or new trial may be + awarded by the court. See Blackstone's Commentaries, book iii., ch. 24. + </p> + <div style="height: 6em;"> + <br /><br /><br /><br /><br /><br /> + </div> + + + +<pre> + + + + + +End of the Project Gutenberg EBook of American Institutions and Their +Influence, by Alexis de Tocqueville et al. + +*** END OF THIS PROJECT GUTENBERG EBOOK AMERICAN INSTITUTIONS *** + +***** This file should be named 8690-h.htm or 8690-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/8/6/9/8690/ + + +Text file produced by Lee Dawei, David King, and the Project Gutenberg +Online Distributed Proofreading Team + +HTML file produced by David Widger + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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