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Les diagrammes suivants iliustrent le mAthode. 1 2 3 1 2 3 4 5 6 DEMOCRACY IN AMERICA V asctiSifia:... 7 DEMOCRACY IN AMERICA BY ALEXIS DE TOCQUEVILLE TRANSLATION BY HENRY REEVE, AS RE- VISED AND ANNOTATED PROM THE AU- THOR'S LAST EDITION BY FRANCIS BOWEN WITH AN INTRODUCTION BY DANIEL C. OILMAN, LL. D. i>BB8IDBNT C JOHNS HOPKINS DNIVBRSITY VOLUME I. Q NEW YORK THE CENTURY CO. 1898 IS3S t ■ - « I • * I f • • • « tat 1..' « * • t • • • IB Entered according to Act of Congress, in the year 1862, by John Bartlett. In the Clerk's Office of the District Court of the District of Massachusetts. Copyright, 1898, by The Century Co. PUBLISHERS' NOTE In the eventful years since De Tocauevillfi's " n. m n S"™™n«'°t '•> democracies has remained The translation here given is that by Henry Reeve thA anthor's fnend, a. revised and annotated by Proi:es or M and Tr- J^- ^""^"'^ ^"''^ ™« "i"»te and c^ fnl, and the few foot-notes that he thought essential tTa m 1862. These notes are marked ''Am. Ed» Furthpr im .^"""J™"""''' ^Peech'foretelling the Eevolntion of S sS :f tl'''^" v™"^ '" Switzerland;' andVr msident 0,, man's Introdnction to the « Democracy » wall be appreciated by political students for its S indl'd Whiff ''%''"''"^^"« -*'•'' -'•- »- that is maoised by his family,-a Bibliographical Note and an Index g.ve completeness to the p«sent pnblicatL 1 257^"' I, a I have frequently remarked that the best accounts of complex states of things, whether political or otherwise, have generally been given, at least at first, by intelligent foreigners : as, Sir William Temple's account of the Netherlands; Basnage's account of the same republic ; De Lolme's of the British Constitution ; De Tocque- ville's of American Democracy, Arthur Young's of Agriculture and of the Administration of Old France. This remark finds its applica- tion even in history. Niebuhr saw many relations of early Rome clearer and truer than Livy or even Cicero. -Dr. Francis Libber. The importance of M. de Tooqueville's speculations is not to bo estimated by the opinions which he has adopted, be these true or false. The value of his work is less in the conclusions than in the mode of arriving at them. He has applied, to the greatest question in the art and science of government, those principles, and the methods of philosophizing, to which mankind are indebted for all the advances made by modem times in the other branches of the study of nature. It is not risking too much to affirm of these volumes, that they contain the first analytical inquiry into the influence of De- mocracy. For the first time, that phenomenon is treated of as some- thing which, being a reality in nature, and no mere mathematical or metaphysical abstraction, manifests itself by innumerable proper- ties, not by some one only ; and must be looked at in many aspects before it can be made the subject even of that modest and conjec- tural judgment which is alone attainable respecting a fact at once so great and so new. Its consequences are by no means to be com- prehended in one single description, nor in one summary verdict of approval or condemnation. So complicated and endless are their ramifications that he who sees furthest into them will longest hesi- tate before finally pronouncing whether the good or the evil of its influence, on the whole, preponderates.— John Stuart Mill. Next to Aristotle's Politics, I account this the most valuable political book in my library.— John Stuart Blackie. INTRODUCTION THE interest in politics now shown throughout the United States by young men of education and char- acter is one of the best developments of Democracy in America. With rare exceptions, they no longer stand aloof from active participation in local and national contests. Not since the civil war, when the bravest and best brought their discussions to the final decision of the battle-field and fought out to the bitter end that which they had thought out and talked out, in the North and in the South, — not since the deaths of Lincoln and Lee closed the gi'eat campaign, has there been such a mani- festation of intelligent patriotism as that now shown in support of the fundamental doctrines which underlie the institutions of the republic. Serious discussions multi- ply. The participants are those who control the finan- cial, industrial, and mercantile activities of the country, as well as those whose pursuits are connected with the law, the press, and the college. The old party lines of separation and controversy are disappearing. The new lines are not yet distinctly drawn. Consequently, in- stead of taking the form of partizan enthusiasm, this political activity is vigorous in its independence. Doc- trinaires are not of much account. If there are no great orators like those of fifty years ago, when Clay, Webster, and Calhoun were acknowledged leaders, there are multi- tudes of good writers and speakers in every part of the country. If there is no single issue, like slavery, by which the national parties are divided ; no administrative VI DEMOCRACY IN AMERICA. I I i reform, like that of the Civil Service, on which attention must be concentrated, vigorous and wide-spread efforts are making to secure a fairer show for the wishes of the people, to foster a revolt afirainst the machinery by which elections are controlled, and to overthrow those leaders who endeavor to perpetuate their own ascendancy or that of their party by disreputable bargains and artful eva- sions. Dissatisfaction with the actual workings of the government is apparent, combined with confidence in its ultimate recuperative powers. Not infrequently nay be heard the cry of despair, an apprehension that democracy in America has proved a failure, and that the nations of the world should take warning from our example. It seems to some as if the golden days of the republic were patit, and that sooner or later it must end in anarchy or monarchy — the rule of the populists, or the permanence of " the boss." On the other hand, in support of those principles which the experience of mankind has proved good, in the rejection of those which are fraught with danger, hosts of educated young men are engaged, who aspire to no oflice, who seek no personal gains, who swear by no master, but who are deeply concerned in every election, and can be counted on to take the right attitude,, with unselfishness and in unconsciousness, toward every public question. They have learned one of the impor- tant lessons of political history — that great reforms make slow progress, although the last act of the drama is often surprisingly sudden. They believe that in the long run the convictions of a virtuous and intelligent people can be trusted. They have faith in political education ; and consequently they never despair of the republic. They see its errors and its perils ; they trust its conscience and good Sv3nse. All this is hopeful. Nor is this all. It is propitious that now, more than in previous times, the so-called producing classes are en- gaged in political discussions. They seek for informa- tion. They read, they listen, they talk. They may be INTEODUC vu misled by fluent and sophistitfni i. ^ ^ trusted to abandon the Zf ! '^^''^ ^"* ^^^^ ^^7 be tim. Political clnbr^XT^"^ ^^'" *^^^ ^^«««^«^ libraries are estaWiL^; ^r ?"'' ^^P'^'^^' ^^^^in^ widely ciranlaW^^f^r^^^^ry large town. Thf social questioii^XS '^'*' "^"'^ ^^^^^ti^n to "bc38.-. y^ ^ "^'^ '^^"^^^ «r later revolt against a J^eriving instruction from rsuTvlv J^i! ^''''^* ^^^ «^the United States by IZeVnlZ *^V"'*^*"*^""^ /Fell-trained in history Ldnolil . "■' ^^^^^"^^^bted, taking. By repS wf ^' ^''■■°''°*^^^ ^«<^ Pains- tance with this country which ^ ' ^ '"^f ^^ ^"^"^i^' not so much in the lifLit f ."marvel of accuracy, communities and':t'ly^^^^^^ '^ ^^-t be is a good observer) a^n ft ^^ *bough of these tics, manners, nlZTZ cn.t T*'""^^ characteris- be easily ^l^^n.e^ZZ^^^^ -«*^<^ t. as sectional or local. distributed to be regarded Sixty years before Mr Brvcp «..«fi, t^ serve, equally s^^ior^' ^^Z^t^ ^'^T ""- interested in the nhil,>»„r.i. ""'^^fra'ng. more strongly Democracy an X'errporf ""'''"''' """"' <" ^t^-^/o^ of De ToequertirhrheM^f ^^'°'™'^°''^*''«t'-«''««e criticism of republtan W. .•'"™ ^ " "^'scriminating penod it has be:"^;"^ ulr- ?"™^ '"'^ ^'^ United States, by the hiXff I rf- ? ^""P" ^'"i >° 'he been read as a textbook ^;tr'f''''''/"*orities , " ^'^^ it is quite sure to be fotnd n ^ f '""^ «"i™'-«ties , and lawyers, and states^er" 'Cgh iUot*'!,^ "' ^'°^' directions, it has been ., w 7 , contained no sailing of the ship of State I'^u h "> ^^ ""^'"^ the pilo! si.oa,s, liAousrandt^o'^s-rrXV'ir^ ""'' the best philosophical disc„ssion"'„rSocr:e~! VUl DEMOCEAd^r IN AMERICA. trated by the experience of ^be United States, up to the time when it was written, wI>^ioh can be found in any language. ^^ More than this is true. Notwiii^standing the changes which have occurred in the materiaKand social circura- stances of the United States during the\J^t sixty years, the consequent elimination of certain factors in the civilization of this country, and the introductlta of new and unforeseen problems,— notwithstanding all K Ws, the student of modern popular government must revert to Tocqueville. James Bryce is a good illustration of tN^ ~ statement. So is Lecky, whose admirable study of D mocracy and Liberty shows his use of the French memoir More noteworthy perhaps, more recent certainly, are the careful and suggestive studies of France by J. E. C. Bodley, an English writer long resident in the country he describes, and acquainted with leaders of literature and politics. From the opening sentences of this work, where the methods of Arthur Young and De Tocqueville are compared, onward through two octavo volumes, the " Democracy in America " was apparently in the writer's hands. Indeed, his study of France since the Revolution is a serviceable commentary on De Tocqueville's instruc- tions and apprehensions. Henri Michel, a professor in the Lyc6e Henri I^^ of Paris, may likewise be cited.i De- mocracy, he says, was revealed to De Tocqueville in Amer- When his work appeared, Democracy was to some ica. an "ideal," a "brilliant dream"; to others, " ruin, an- archy, robbery, murder." De Tocqueville wished to lessen the fears of the latter, the ardor of the former class. He treats Democracy as a fact. II In presenting to a third generation of readers that per- ennial work which instructed their fathers and grand- 1 Michel, "L'Id6e de I'fitat," chap. iii. (Paris, 1895, 8vo). ■mHMI INTRODUCTION. IS fathers, it is worth while to describe the circumstances under which the "Democracy in America" was written and the reception accorded to it in Europe and America at the time of its first appearance. Fortunately, the veil of reserve with which the author covered his original data disappeared at his death. The surviving members ot his family soon afterward pubUshed a part of his notes and letters. Two volumes of " Correspondance In- ^dite" appeared in 1860, and a third came out a few years later. From these and other sources, the itinerary ot the author may be reconstructed, and the names of many whom he consulted may be ascertained with cer- tainty. We may go with him on his prolonged journey Ihere is reason to believe that there are other data in the possession of the family not yet printed. So says his most recent French biographer, M. d'Eichthal. But we have aU that is requisite for an introduction to De locqueviUe's American studies. One May day in 1831, two young Frenchmen of the old noblesse, who had been tossing about the south shore ot Long Island for several days in the packet-boat Havre were landed in Newport. Thence they were carried by the Providence steamboat to Xew York, where they found lodgings in a boarding-house on Broadway. The Astor House was not yet opened. The strangers were not much pleased with the looks of the city. One of them writes that there is " no dome, nor bell tower, nor large buildmg. The houses are of bricks and are quite mo- notonous, no cornices, nor balustrades, nov porte-cocMres. 1 he streets are unpaved ; but there are sidewalks." Then the language was a great plague. " We thought we knew English in Paris," says the same correspondent •as boys think they know everything when they leave college; but we have quickly discovered our error. No- body here speaks French - so we are forced to use Eng- lish. It IS a pity to hear us, but we make ourselves understood, and we understand everything." They found X DEMOCRACY IN AMERICA. A 4/ I'A 4, ^ I and a !'^ J- I them, 1^ / ^^ \?!^v' the usages of society rather queer. People breakfasted together at eight o'clock, dined at three, and at seven drank tea with which they ate a little janibon. Afterward they took supper, and sometimes they had luncheon. Ladies came to the breakfast table dressed for the day. It was proper to make a social call as early as nine o'clock in the morning. These and many other observa- ions were recorded in their letters home. These visitors were Alexis de Tocqueville and Gustave J'' de Beaumont, young men of talent and education, and of Jlj i, agreeable manners. They bore a commission from the fl^* '/French government to study the prison systems of the I United States, and this announcement was duly made in '/ /the newspapers. Everybody Avas ready to receive and them. Ever* aoor was thrown open. The Mayor aldermen — some five-and-twenty in number — took ceremoniously, to visit the prisons and charitable institutions of the city, after which there was a dinner which the travelers called " immense." Sometimes they laughed, they say, dans la harbe, to think what insignifi- cant men they were at home, and what great men they were abroad ; but they carried themselves with dignity and ^ court esy, and established good_rel ations with the (b^s££iiig£ns| After a few days they visited Sing Sing, in order to become acquainted with the penitentiary, and afterward Auburn, Wethersfleld, and Philadelphia, where there were noteworthy prisons. In due time, their report upon this subject was made up, and printed, and given to the world. It attracted attention in France, and was translated into English by Dr. Francis Lieber, and into German by Dr. Julius of Hamburg. Nevertheless, this work sinks into temporary and subordinate importance when compared with that other memoir which was the fruit of this journey. " You may think," writes Alexis to his father, *^ that the penitentiary system is the only thing which occupies us. Not at all. There are a thou- sand things. We have really had but one idea — to un- % i!fv f?#W;< INTRODUCTION. XI p.. v.. „„„ x,*^«o. xixot, tuau luis people IS one of the sappiest m the world ; second, that its immense prosper- i ^ ity IS due not so much to peculiar virtues or to its iorm4K ^* ot government, as to the peculiar conditions in whickl^ ^a^ It IS placed." - They have here the most colorless enioyTT^ ^^' derstand the country where we are traveling. Knowing what we wish to ask, the slightest interviews are instruc tive and we can truly say that there is no one of any rank who cannot teach us something." In the course of the first month, continues De Tocqueville, ''I am at pres- ent full of two ideas : first, that this people is one of the /IV^ I a f*- happiest in the world ; second, that its immense Drosner- i )a "^ic -~^™..^... ^,xcj iiavo uere me most colorless eniov- /.^ i" ment that can be imagined," ^ is one of his phrases, quoted *^ >^ ^ t)y Longfellow, long afterward, with apparent amuse- ment. The letters of De Tocqueville are appreciative, pnilosophical, critical, not by any means rose-colored After having a very good time in the social circles of JNew York and its neighborhood for a period of five or SIX weeks, the two friends went to the west, by the wav ot Albany and the Mohawk valley. Utica, Syracuse Auburn, and Canandaigua were the principal places that tiiey visited before arriving at Buffalo. They made a detour to Seneca Lake, in order to verify a romantic story in respect to an exiled Frenchman. From iiuffalo they were carried by a steamer to Detroit An excursion into the wilderness, the " desert," as they called It beyond Detroit and Pontiac, gave the travelers a gUmpse ot the frontier- the settlements of the pioneers and the wigwams of the Indians. Then they made a tour of the lakes, by steamboat, going as far as Green Bay and re- turnmg to Detroit and Buffalo. Of course Niagara FaUs were visited. The survivals of French institutions were examined in Montreal and Quebec. Then the young Frenchmen went to Boston by the way of Lake Cham plain and Albany. The Boston and Worcester railroad was not finished until 1835. Hartford, New York, Phil- adelphia, and Baltimore successively welcomed the trav- zu DEMOCRACY IN AMERICA. elers. After crossing the AUeghanies, at the beginninff of a severe winter, they proceeded by way of Wheeling to Cincinnati. The river was full of ice. The steamer came into great perils. A landing was made at West- port, Kentucky, and the travelers, finding no equipage walked to Louisville, whence they took a stage for Nashville. They had a miserable time in going hence to Memphis, De Tocqueville being taken seriously ill at bandy Bndge. He recovered in a few days sufficiently to continue his journey; but in later life it was suspected that the disease which finally took him off began at this period Its insidious approaches. It took a week to go from Memphis to New Orleans by steamboat. After a few days in Louisiana, the young men returned to the Atlantic seaboard by way of Montgomery, and presently reached Norfolk and Washington. De Tocqueville's journey to the southern parts of the country was full of hardships, ice in the Ohio River lead- mg to shipwreck, exposures as he crossed the State of Tennessee inducing fever, food that he did not like toujours du mats et dii cochon, corn and bacon, beds that were hard, severe changes m climate, all those are speci- fied, yet in despite of discomforts he grew strong on the journey. For five or six years, he says, he had not been so well as during this route of hardships. The great thing, he adds jocosely, is not to think -to be like an oyster Seriously, in another letter, he makes it clear that this period of enforced lonesomeness, from New Orleans to Norfolk, was a period of intellectual repose such as many a traveler requires to digest and arrange his previous observations. Thus Stanley paused at Cairo, m the spring of 1890, to prepare his book before return- ing to the distractions of England. "During the last SIX weeks," De Tocqueville writes to his father from Washington, January 24, 1832, "when my body has been more weary and my mind more tranquil than it has been tor a long while, I have carefully considered what I could «:.«SiN!fi«BS;«M; CA. Bs, at the beginning '{ way of Wheeling I ice. The steamer vas made at West- nding no equipage, took a stage for le in going hence to en seriously ill at Jw days sufficiently ife it was suspected a oflf began at this took a week to go ;eamboat. After a en returned to the aery, and presently ithern parts of the le Ohio River lead- ossed the State of he did not like, d bacon, beds that all those are speci- frew strong on the s, he had not been iships. The great k — to be like an le makes it clear leness, from New atellectual repose, igest and arrange y paused at Cairo, 3ok before return- " During the last ' his father from my body has been 1 than it has been ered what I could INTRODUCTION. XUl wnte on America. It would be absolutely impracticable for one who has passed but a year in this great country to draw a complete picture of the Union. Besides, such a work would be as wearisome as it would be informa- tive. On the other hand, it is possible, by selecting the material, to present those subjects which are more or less closely related to the social and political condition of France. Such a work might have, at the same time, per- manent and immediate interest. There is the scheme. Vom le cadre. But have I the time and the talent for Its execution % That is the question. One other consivi- eration is always before me. I shaU write nothing or I shall write what I think j and all that is true, it is not well to tell." This is clearly the quickening moment in his projected memoir. He is to select from his observations those which may be of use in France, and to present these se- lections in a form which will be readable and permanent. Washington was a favorable place for the verification of his facts and the clarification of his ideas. Congress was in session, and many prominent men were at the capital. He tells us that it was no longer necessary to ask ideas on subjects with which he was unacquainted, but it was most serviceable to go over, in conversation with men from every part of the country, that which he had lately learned. Doubtful pomts were thus settled. It was a sort of cross-questioning — " very serviceable " says De Tocqueville. " We are constantly treated," he adds, " with great respect. Yesterday the French Minister presented us to the President, General Jackson, whom we called Monsieur quite at our ease. He extended his hand as to peers. He does exactly so to everybody." Jeffer- erson was dead, or we may be sure that the two phil- osophers would have put their heads together. Monroe was in his last days when De Tocqueville arrived in New York. Madison lived till 1836, and one cannot help wondering whether the traveler had the opportunity of XIV DEMOCRACY IN AMERICA. consulting this great exponent of the Constitution. Webster, Calhoun, and Clay were in their vigor, but their names do not appear in the printed notes and let- ters. An acquaintance with John Quincy Adams — the only President wLo has entered Congress after leaving the chief magistrate's chair — had been already formed in Boston at the dinner-table of Mr. Edward Everett and was doubtless renewed at the national capital. Among the men whom De Tocqueville met on his long journey, these are to be noted : Dr. William Ellery Chan- ning, the great preacher; Jared Sparks, the historian; and Francis C. Gray, of Boston ; in New York, Albert Gallatin, and Nathanael Prime, a prominent banker. Nicholas Bid- die and J. R. Poinsett were consulted in Philadelphia. In Baltimore, he speaks of John H. B. Latrobe, Dr. Richard Steuart, and Charles Carroll, last of the signers of the Declaration of Independence, then more than ninety years old. In New Orleans, he mentions M. Mazureau, a lawyer, and M. Guillemin, the French consul, who supplemented the information that he had received in Philadelphia from Mr. James Brown, a Louisiana planter, who had been Minister to France for some years prior to 1829. Judge Henry Johnson and Edward Livingston are also mentioned. But it is probable, if not certain, that he was most in- debted to John C. Spencer, a publicist of New York, whom he visited at his home in Canandaigua. This gen' tleman had been prominent in State politics, as he was afterward in national. Next to him and possibly in ad- vance of him should be named Jared Sparks, of Cam- bridge, from whom abundant and suggestive informa- tion was derived in respect to New England townships. Most of these personalities are derived from De Tocque- ville's letters, printed by his widow ; but they are rigidly excluded from the " Democracy in America." The re- markable reserve of the author is obvious to every reader. John Stuart Mill dwells upon the abstraction of the treatise as one of its best characteristics; and Bryce INTRODUCTION, xv k this peculiarity as one of the reasons which led >, writing on the American Commonwealth, to fill his iumes with examples and illustrations rather than ■losophy. De Tocqueville shows the quaUties of a sci- ific reasoner. As the naturalist who has collected ly flowers or birds or insects classifies and general- his knowledge, so the political phUosopher notices rany social phenomena, and then seeks their lessons • ut he does not take the trouble, or does not think it desirable, to indicate the concrete illustrations on which his conclusions have been based. Ill The preparation of their report on prisons engaged the attention of the travelers as soon as they had returned to Pans. It was an important document because it made known m Europe the essential modifications of prison disciphne which had been introduced in America; but to inquire mto its distinctive merits would involve discus- sions not pertinent to this paper. As soor-. as the pnsons were off his mind, De Tocqueville began his principal I task An American gentleman now living m Washine- ton General Francis J. Lippitt, who rendered some impor- tant services to De TocqueviUe in the preparation of his 1 book reraembers distinctly the appearance of the author |«uu his methods of work. In reply to the inquiries of a friend he has written out his reminiscences. It should L n/^h'T!f\^^^l^'- ^^^^^ ^^« ^ g««d French scholar, land that he had been an attache of the American legation l'°,i mV^^''''^ ^^ "^^^^ ^^^ acquaintance of De Tocque- ville. This is his letter, which is given in iU entirety because it is such an interesting link between . .e present I renown of the author and the beginning of his fame : T , Tiverton, R, I., Julv 24 ISQ? I JtaTe ITJ^lrT'^ 'r '''''''' '^^ P'^^*-"^-^ relatiuVto^he a : hTuMcation of h T *'.r."'^'' *^ ^' ^' Tocqueville prior to the publication of his work on " Democracy in America." f I can tell you very little about M. de Tocqueville himself; our in- XVI DEMOCRACY IN AMERICA. tercourse being confined to oiir joint labors -if I may call them sa -in his study. I shall first state certain particulars which are not wholly mal-A-propos. (1) My knowledge of French began in my early childhood; and when I first met M. de Tocqueville I spoke it fluently, and wrote it with tolerable correctness. (2) In my senior year in college we had Rawle on the Constitution for six months (3) Before the arrival of Mr. Livingston, our new minister, with hii secretaries and attaches, I had been attache for several months to our Legation in Paris. Some time in 1834 I was called on by a stranger who informed me that he was desirous to have the assistance of an American gentle- man of "education," and that I had been recommended to him by the American Legation. I accepted at once the terms he offered me and I was to commence at once in his study at his father's hotel in the Faubourg St. Germain. His physique was not at all striking He was slightly built, and his height did not exceed five feet six inches. His age was apparently somewhere between twenty-five and thirty. There was certainly nothing about the contour of his head or the expression of his face that indicated him to be a man of more than ordinary mtelligence. His manner was quiet and digni- fied but somewhat (6^ I afterwards learned that he had lately returned from the U^ed States, whither he had been sent by the French Government in conjunction with Gustave de Beaumont on a mission to examine and report on our penitentiary systems; knd that he was a son of the Comte de Tocqueville, of the old noblesse My connection with him lasted some three or four months Hi» treatment of me was always very kind and appreciative. My daily attendance in his study was from 9 a. m. to about 5 p. m A few words will describe the nature of my duties. Many shelves m his study were filled with books and pamphlets he had brought with him from America. What he desired of me was to Vrite out summary statements of our political organizations, both State ana Federal; and those books were chiefly statutes of the different. States and of the United States. The statutes of some of the new Western States were still unbound And when even these were wanting there were newspaper slips con- taining shenffs' and other official notices, so that the materials fur- nished me were amply sufficient to enable me to write out for him all the particulars he desired. He usually came in about 3 p. m to- read over the m^moire I had been preparing for him, and to get my oral explanation on certain points that interested him. Our inter- views throughout were simply of questions on his part and answers on mine. You will easily believe that his questions indicated a. most penetrating intellect. ( A INTRODUCTION. jy,j^ He was the most reticent man I ever met. Only twice, so far as I can remember did he ever volunteer a remark: once wien he cor nanl^r '? f '""*•" ''^""^^' ^° my m^mo.re, and clearly ex- plamed the rule to me; and at another time, when we had been talking about town meetings, he exclaimed with a kindling eye (usu^ ally quite expressionless), "Mais, c'est la Commune!" I think it was then that I received the impression that he deemed such meetings to have been the root of our Anglo-Saxon HberTiea and capacity for self-government. But it is possible that this imp es sion did not come to me until after reading his book. Prom thel semble of our conversations I certainly did carry away S me an impression that his political views and sympathfes were not Tver able to democracy. I knew nothing of his intention to write a book Tm rTo^e'^^^^^^^ *,' ^"""' ^" ''''' "^^ "^^ Democratic en Am6nque had already appeared. I lost no time in obtaining « S /' v,°' '"."^''"^ '' ' '•^'^"-^ *»^-* "« auTho was heg/ea? political philosopher of the century. Whether or not he was Ic quainted with our language I am unable to say. I neverheard him speak except in French. I never had occasion to receive a let ter from him, and have nothing of his handwriting bu an un mportant note or two now on storage in Washington^ wh ch I wUl" send^you on my return there in October, unless ft should be tren I have never before written out any of these particulars : and there are very few persons aware of the fact that I once assisted mT Tocqueville in preparing materials for his celebrated work Sincerely yours, Francis J. Lippitt. IV Before examining the " Democracy in America" let ««, Sltlf :/ trr ^^ ^^^^' ^' Engllnd'an^th United States at the time of its publication. When IZTT T' *^ ^^' "^""*^>^ i^ 1831, the United States, for over forty years, had enjoved the benefits of a written Constitution. Its provisions had been pele otfiCdllh " T^'"^^^' ^^^ ^^^ ^-^ «^-fi '"-^ made John Marshall's name immortal.' The fertile lands peace and prosperity prevailed, and "the era of good zvui DEMOCRACY IN AMERICA. feeUng" had but just passed away. Yet disturbing ele- ments were at work ; the national bank had awakened bitter hostilities; the tariff had caused discontent; the loud premonitions of nullification were in the air. The general confidence in the Federal power was, how- ever, unshaken, and the Union sentiment was soon to be strengthened by Jackson's proclamation to the people of South Carolina. While De TocqueviUe was in Washing- ton Marcy made that famous dictum, plausible, popular, and pregnant with evils, " To the victors belong the spoils of the enemy." In spite of apprehensions, the most hen- ous dependent on the existence of slavery, i'emooracy was firmly established. Nobody questioned its perma- nence. , , In France, during the same forty years, revolution had followed revolution. The old regime had disappeared, the Directory had given place to the Consulate, the Con- sulate to the Empire, the Empire to the Restoration, and finally the House of Orleans had supplanted the House of Bourbon. Louis PhiUppe, son of a prince who was nicknamed ^gaim, bore the democratic ^title of " Cit- izen King." He had been on the throne for less than a year when De TocqueviUe crossed the Atlantic. The ascendancy of the middle classes was apparently secured. The King himself had been in the United States. One day when De TocqueviUe called to see him on some busi- ness pertaining to the French Academy, the King said, "I want to ask you about America." Whereupon, for three quarters of an hour, he poured out his own observations, and then thanked De TocqueviUe for the pleasure his conversation had afforded, " although," says De Tocque- viUe, " I had not said luui words." In England, the rr-i' ) of WUiam i\^ Mg&n six weeks before the reign of Louis Philippe in France. It was a short reign, but it was marked by two events — the pas- sage of the Reform BUI, June 7, 1832, by which the suf- frage was extended, and the emancipation of slaves in INTRODUCTION. XU the British West Indies. The Revolution of July 1830 had established in France the ascendancy of the middle or bourgeois class, as De Tocqueville pointed out, and Lecky, referring to this remark, has shown that a similar influence, though not quite so potent, was established on the other side of the Channel by the Reform Bill of 1832 •' In England," he says, " this middle class, though it be^ came after 1832 the most powerful, had not the same ab- solute empire as in France." While the chief controlling power lay with the great middle classes, the suffrage was m some degree "within the reach of the skilled artisans a great and intelligent class, who should have a dis' tmct place and interest in every well-ordered gov- ernment." ^ The first two parts of De TocqueviUe's great memoir appeared in January, 1835, and were at once received with 6clat m France, England, and the United States. To tiie venerable statesman, Royer-Collard, a comparison with the Esprit des Lois" occurred at once. "Since Mon.- tesqmeu there has been nothing so good," was his re- mark, which was quoted by the historian De Barante twenty years later, and has often been repeated The sagacity of the writer, his honest independence, his rare aptitude for generalization, his good judgment, and his skill m accumulating, sifting, and arranging the mate- nals tor reflection, were recognized by all. Notwithstanding this applause, the author determined to make the second part of his treatise even better than the first He made a study of poUtical philosophy. He also applied himself diligently to the best French litera- ture especially the masters of the seventeenth centurv De Beaumont says that Pascal was the author whom he studied with most constancy and affection. Plato, Plu- tarch Machiavelli, Montaigne, and Rousseau are among he other writers that he read. "I have the same plea 'Thn^M fiTV?^'"" '^'^^^'" ^' '^y' i^ a letter, that Marshal Soult had in studying geography, after be Pl ' i i f f » ) i it' ^■:if M'"' iiii id ti ■«■ xz DEMOCRACY IN AMERICA. became the Minister of Foreign Affairs." Nor did he shrink from the criticisms of his friends. De Beaumont continued his intimate relations, and there are allusions to conferences with Chateaubriand and Ampere. When the second part of the " Democracy " appeared, the author again received the praise of the best re^dews. Meanwhile he had widened his horizon, by a visit to England, where he had made acquaintances that were of value to him through life. In a famous review by John Stuart Mill, it is said " that the Enghsh people now know and read the first philosophical book ever written on Democracy as it manifests itself in modern society." Sir Robert Peel caught up and employed one phrase, " the Tyranny of the Majority," with great effect. Some of the antecedents which favored the production of this book will next be considered. In his early life the strongest personal influence was exercised upon De Tocqueville by his father, a man of family and of talents, who held several successive stations of importance in the <;ivil service. Next the father stood an ecclesiastic who was first the teacher and then the counselor and friend of Alexis as long as he lived. This was the Abb^ Le- sueur, a man of great learning, fine talents, and amiable •character, who recognized the superiority of his pupil, ^nd greatly contributed to the development of his mind ;and heart. This Nestor died at the ago of eighty-eight, shortly after his pupil went abroad. All his letters were carefully kept by De Tocqueville, inscribed with these words: " Letters of the Abb6 Lesueur, the man to whom I owe the greatest gratitude; whose memory remains most dear and most to be revered." There were other remoter influences, and among them Montesquieu must be regarded as the intellectual progeni- tor of De Tocqueville. That great work, " The Spirit of remains INTRODUCTION. XXI the Laws," appeared in 1748, in the full maturity of the years i., England, m order to make careful studies of Angheau hberty. In the course of eighteen months twen y-two editions of his treatise appeared It «a ' translated into most of the European languages Ind found favor not only among jurists ^nd pouS but also hke a history by Carlyle, or a phUosophicaTnove by George Ehot, in the circles of literature and he Xns of fasuK,n The earlier statesmen of the American S from Washmgton to Monroe, became famUMHH TjXZ "At7 '''.'7T""^' th^"^" the ill; 01 jenerson. At a period when every thouehtful Am^ri can was interested in the foundations of gov^nment as men are to-day in the pei^lexities of munlTpal admi~ stration,- copies of Montesquieu found their way to the 1 branes of private citizens, half a centuiy after Lnov elty of the work had disappeared p.nson of Montesquieu and De Tocqueville has been Compare "L'Espritdes Lois" with the "n«n,n««.- , ,. There is the some dose strueture in the „„ 1 ?^ '" ^""^''1^^-" thought, the same hJeadth t? rtew Bat 1 '™' "''"""'"' °' straint and austerity-that same sort o,T "°"'"' """ "■ spread through the w'orl, of Da Toeq^^e i' tTd"': ttaTtf in iiis writings than ^:TZZu^fZ7::Zrt'l TZ' •not. He is not of the r«ee o^MoZ Je l' "'* ""' ■""" "' " 1 "Montesquieu" par Albert Sorel, p. 79. I ' 1^' '■ ' 1 'IV ^^1 tj |H yll '■t^^^^H XZll DEMOCRACY TN AMERICA. great historical study, "L'Ancien R6gime et la Revolution," which corresponds to "Considerations sur les Remains." He has composed his "D6mocratie en Am6rique," which is his "Esprit desLois." He has impressed, in the second half of the century, on historic and po- litical studies an impulse less startling and acknowledged, but no less effectual, and as fruitful as that which Guizot impressed on the first half. Through him Montesquieu is still in relations with France o» to-day, and still gains his prizes. They are greater than one would readily believe. It is thanks to the influence of that spirit, wholly historical and experimental, with which, little by little, in- stitutions and manners have been permeated, that the theoretical machinery of Sieyfes has been abandoned, and the applied mechan- ism of practical men has been adopted, and that, through the work- ings of a constitution most summary in its text, most familiar in its applications, France has come to the most natural development it. has ever known, i Some of Montesquieu's phrases are like the germs of De Tocqueville's conclusions — the premises of his rea- sonings ; for example, " the love of country, that is, the love of equality"; and "Democracy is nothing but an historical phenomenon." Chateaubriand's influence upon De Tocqueville has also left its traces. This poet and statesman had visited the United States at the end of the eighteenth century. He had dined with Washington and explained to him his desire to penetrate the polar regions ; *' not an easy task," as the President informed him. He had crossed the Alle- ghanies, and had brought back pictures of Indian life which captivated the Parisians as much as Franklin's dress and manners had pleased them at an earlier day. "Ren6" and "Atala" were read by everybody. They be- came classics. When Beaumont and De Tocqueville pro- jected their tour, Chateaubriand was still a conspicuous and important personage in Paris. Following his example, the young travelers determined that they too would see the Indians, so as soon as they left Albany the look-out began. " Gone ! " ten years — eight, six, two, were the 1 IMd,, p. 166. INTRODUCTION. XX111 disappointing answers they received at their successive resting-places as they crossed New York. Buffalo was reached "without the sight of a savage." Thereupon the party set sail for the frontier, and a few miles be- yond Detroit their curiosity was satisfied. An episode of this journey, entitled « A Fortnight in the Wilderness," is the natural sequence of a " Night among the American Savages," the tale twice-told by Chateaubriand. As for the Indian women, writes De Tocqueville, ''you must read ' Atala ' before coming to America." Chateaubriand's historical ^Titings and his admirable respect for literaiy form also affected the preparation of "Democracy in America." Certainly a recent estimate of the older author applies to the younger. " He learns how to mod- erate himself, how to suppress digressions likely to de- tract from the harmony of lines or the dignity of forms He scorns tawdry flourishes of style. In all his magnifi- cence, he has the soberness of a great master." ^ VI Beneath the influences to which reference has been made, potent as they were, — the early environment of a cultivated family, the paternal counsels of his dear Abb6, the style of Pascal and the philosophy of Mor^esquieu,— De Tocqueville himself is always to be discerned. Neither heredity nor education can explain the appearance of such a man. He cannot be accounted for. " Born so " is all that can be said. Without unusual training, with- out the advantages of university education, without the preparation which a great library might afford, without the stimulus of poverty, the spur of ambition, or the ob- ligations of office, and even without instructions as to the methods of inquiry which he should initiate and follow, De Tocqueville, at an age when most young men are iPellissier, "Le Mouvement Litteraire au XIXe Sidcle." Amer trans., p. 80. .'^•^ci. ih i XXIV DEMOCRACY IN AMERICA. about to begin, under the protection of their seniors, a professional life, conceived and matured by himself a plan for studying upon a vast area, in a foreign land, the lan- guage of which was unfamiliar to him, the processes and results of democratic government, that he might bring home to his native land the lessons of political prosper- ity. The success which attended this youthful endeavor, the instantaneous renown which came to the author, the permanent appreciation bestowed upon his memoir, are the proofs that he was a man of rare gifts, whose quali- ties were peculiarly adapted to the tasks that his sagacity projected. After De Tocqueville's death, Lacordaire delivered a eulogy which contains this remarkable passage : Such was the legacy of M. de Tocqueville ("L'Ancien regime et la Revolution"), the supreme expression of his thought. After that he did nought but die. Too serious a workman not to be con- sumed in the light of which he had been the organ, he advanced, step by step, without being aware, toward a death which was to be the third recompense of his life. Glory had been the first ; he had found the second in a domestic happiness of twenty-five years ; his premature death was to bring him the last, and put the seal of God's justice upon him. He had always been as sincere with God as with man. A just sense, a reason, matured, first, by rectitude and then by reflection and experience, had revealed to him without difficulty a God, active, living, personal, who regulated all things : and from this height so simple yet so sublime, he had descended without effort to the God who breathes in the Gospel and through love has become the Saviour of the world. But his faith was rather of the head than of the heart. He saw the truth of Christianity, he served it without shame, he recognized its efficacy even for the temporal safety of man; but he had not reached the point where religion leaves-US nothing which is not formed and kindled by it. It was death which gave to him the gift of love. He received God as an old friend who came to visit him and was touched by His presence even to the shedding of tears ; free at last from this world, he forgotf that which he had been, his name, his services, his regrets, his de- sires, and ev»n before he had bid us farewell, there remained no longer in that soul aught save those virtues he had acquired in this world while passing through it.i 1 V. A.de Tocqueville, "CEuvres," vol. ix, "fitudes^conomiques," p.6,7. INTRODUCTION. XXV John Stuart Mill, the peer of De Tocqueville in political acumen, was among the first of those who perceived the significance of the " Democracy in America." His well- known criticism, which appeared in 1840, is full of praises. *' He has applied to the greatest question in the art and science of government those principles and methods to which mankind are indebted for all the advances made by modern times in the other branches of the study of na- ture." Mill does not confine himself to an indication of De Tocqueville's views. He looks upon the condition and institutions of England with a search-light placed in his hand by the French inventor. One of his most note- worthy remarks is this : " The passion for equality of which M. de Tocqueville speaks almost as if it were the great moral lever of modern times is hardly known in this country even by name. On the contrary, all ranks seem to have a passion for inequality." But MiU's essay, as a whole, is an independent study of Democracy as de- veloped in the United States. One error, into which De Tocqueville falls more than once, consists in attributing to Democracy certain moral and social influences, which are shown by Mill to be in full operation in aristocratic England. " The defects which De Tocqueville points out in the American, and which we see in the modern English mind, are the ordinary ones of a commercial class." It is needless to enlarge upon Mill's essay further than to say that it is not less valuable and suggestive now than when it was written. It should be read by every student of De TocquevUle. Sir Henry Sumner Maine attributes to De Tocqueville's work the wide-spread view that Democracy is irresistible. He would by no means accept as correct the favorable impressions received by the French authority from his transatlantic studies. Whatever its advantages, '' of all the forms of government, Democracy is by far the most difficult." There are two recent works with which " Democracy in I I] ,i,? XXVI DEMOCRACY IN AMERICA. ill 1| It America " may be compared, and by which its conclusions may often be tested. One of these has already been mentioned — the " American Commonwealth," by James Bryce ; the other is an elaborate discussion of Democracy and Liberty by the historian Lecky. Bryce gathers facts, arranges them under appropriate heads, takes care to verify, by repeated visits to this country, and by searching interviews with its public men, the impressions derived in the most diverse societies of the country. Lecky's purpose is different. His scope is wider. He deals with the progress of civilization. While he studies society in every clime. Great Britain and her dependen- cies are constantly in his mind, and America affords him innumerable illustrations of the conditions favorable and unfavorable to human progress. Bryce distinctly indicates the difference between his own undertaking and that of his French predecessor. " I have striven," he says, " to avoid the temptations of the didactive method and to present simply the facts of the case, arranging and connecting them as best I can, but letting them speak for themselves, rather than press- ing upon the reader my own conclusions." In an inde- pendent essay, prepared for a company of historical students, in Baltimore, before the " American Common- wealth," was written, Bryce had suggested that they should annotate De Tocqueville, bringing to one place, and even to one portfolio, the observations that they might make in their several homes, scattered as these wera through all parts of the Union. He pointed out the de- fects of the author, due to his preference for a priori method, the lack of antecedent study, and the desire to give his countrymen " a work of edification." Neverthe- less, he tells the students that De Tocqueville is so careful and unprejudiced an observer that it is doubtful whether there is a single remark of his which can be dismissed as simply erroneous. It is " edificatory " — not merely be- i \ J I INTRODUCTION. XXVll ■ hi\ cause it contains precepts instinct with the loftiest mo- truth ' '' * """"^'^ ""* *^'''"^''' ^'"'*''^' ^°^ *^^ ^«^« «* VII The perusal of the "Democracy in America" should not he undertaken m these days without an abiding recog- mtion of the changes that have occurred in the United States since the book was written -a period, it will be i^membered of more than sixty-five years. Some of stateT ''''^^^''''^^y ''^^"^^^ will therefore be briefly The vast territory beyond the Mississippi is no longer an unknown wilderness, but is covered by organized States and Territories. Alaska has been purchased. The inhabitants of the country have increased from thirteen millions m 1830 to nearly sixty-three millions in 1890 More than one fourth of the people now live in cities. The center of population has moved westward on the line of the thirty-ninth parallel, like a star, till it ap- proaches the meridian of Indianapolis. Ohio takes rank with Virginia as the mother of Presidents - Grant, Hayes, Garfield, Harrison, McKinley, being Ohioans, as Wash lugton, Jefferson, Madison, Monroe, Tyler, were Vir ginians. The Atlantic is much nearer to the Pacific than It was to the Mississippi sixty-five years agoj conti- nental railroads were not then thought of. Great cities have arisen with their infinite intricacies of administra- tion and government. The problems arising from diversity of race have wholly changed. The Indians have dwindled till they scarcely number a quarter of a million, and slavery has gone. As to the red men, the question is now one of education and civilization. As to the blacks, the ques- tion IS their adaptation to the political freedom conferred upon them. Large numbers of Jews have taken up their iji I :'j| 11! « ' JJgJ. ' l l . I . ■« .1 JM i LJ!» " J ^ Mm ' XXVIU DEMOCRACY IN AMERICA. residence here — not a few df them involuntary exiles. The number of undesirable immigrants has increased to such an extent that restrictions have been thought necessary, especially upon the incoming of the Chinese and of European paupers. Relations with oriental Asia have become so important that there is a manifest desire to secure the Hawaiian islands as an outpost in the Pa- cific. There are those who covet an island of the West Indies. If such annexation should be accomplished, the blending of people whose manners and customs are alien will be still more difficult in the future than it has been in the past. It is easy to imagine the eagerness with which De Tocqueville, if he could revisit this country, would turn to these race questions. For example, in two recent maga- zines, he might find a negro and an Indian considering the future of their races.^ The Indian is the last chief of the Pottawatomie Pokagon band, whose father, in 1833, about the time of De Tocqueville's visit, conveyed Chicago, embracing the Fair grounds and surrounding country, to the United States, for about three cents per acre. As to the future of the red man, he says, it seems almost cer- tain that in time he will lose identity by amalgamation with the dominant race. Here is the quaint forecast of Simon Pokagon : I do not wish it to be understood that I advocate or desire the amal- gamation of our people with the white race. But I speak of it as an event that is almost certain ; and we had much better rook with the boat that oars us on than fight against the inevitable. I am fre- quently asked: "Pokagon, do you believe that the white man and the red man were originally of one blood?" My reply has been: " I do not know ; but from the present outlook, they siu-ely will be." The index-finger of the past and present is pointing to the future, showing most conclusively that by the middle of the next century all Indian reservations and tribal relations will have passed away. Then our people will begin to scatter ; and the result will be a gen- eral mixing up of the races. Through intermarriage the blood of iv. " The Forum" and "The Atlantic Monthly" for August, 1897. INTRODUCTION. XXIX our people, like the waters that flow into thn «,r«af forever lost in the dominant race • aL i *^^.^®*' °«ean, will be read in history of the red men of f,°f f "°«f ^^^'^^^ ^^^ unborn will are they f " In other wordTextL? "'^ ^""^ ^^'i"^^^' " ^^^^e race-Ltinction by aXmS!*""^ " ^'^^ '^^^ '' ^^« ^^^^-^^ E. B. Dubois a graduate of Harvard University and « very good writer, has simultaneously published an «r^foi on the strivings of his race. " How does it feel to y problemrMs the supposed inquiry wtilh wl^^^^^^^^ answer. His outlook is just the reverse of Pokagon's flo!d':fThrAreiiir t ::':,- ''-r f -^^^ ^^-^ ^^ ^ fervently, that negro blooTifrv^f '^''' ^°^"'"^' P^^^«P«' ^ut freedman has not yet fold fn^^^^^^ ''' '''' ^^••^^- '^'^^ Shadow Of a deep^disf^tntrnrel n;orZ''%lTt/'' courage any n!tionsav:\LtlU^^^^^^ ^"^^ ^- an unwritten word But now thl^ . v ^^s^o^u-agement is of fostering t^e traits andT«l«/ 7.."*^ ^^^^ appears -the ideal races, the w^it'eVnTlScrra^X e^^^^^^^^^^^^^ *7 --^^- istics which both so sadly lack. *^°'® character- Next to the changes in the question of races it is im wmcii prevailed sixty years ago has disappeared,- on the one hand m immense fortunes -on the ofher extreme m the slums. Gigantic corporations influence and^l control legislation in Congress and in thel^ilturefof The rise of universities, scientific scliools t>„Wi„ li the'ev!h;^!,!'l'?"'°' '^ '•"»* "* Politi^l machinery- the evolutaon of bosses who control by tie most * the day, they would never forr-LTf' ?'"' "'"'" ■""» *''''' main strong when ZZJ I f ''^*""' """"o* I'^S >■«- /. r/" ally weak, a^d aat Zr '°''^''^'» '* « indi^du- J>^"' polity can'make TeZ,^^Z>lT^T'"' "* W of pusillanimons anrt »?Hf j • . * °' * community/ words of th7"Demoera.t 1 '"*'''°' " ^^-^ "'"^'-a key. The si^uTtZZwerLT::^:!'', *" t "^4 sees "saddens and chills" the n^TrT*^ *' ^^ *•»•«■ Ml of "appreheusionfandte Hen^""- °' '^ dangers in demoeraev h„t i I,- ^*P«'^<=«ives mighty avoided or alleys Vthe,^ r 'T *""" t^eymay be oannot prevent t^SSonf 7 'n 7^ \ "'^''^y equal; but it denenrf= """"^ "* men from becoming principle of 4^ fyt o ^^themT'™' "'''""'^ *''« dom; to knLledL or I. 1, ''"''•'''* <>'• free- wretchedness." ^ barbansm, to prosperity or tions will be p^sented *'"'"™^'.t''-> <>' ^^ee observa- of many an unSlru,itt oTm' "' '"P"' '"^ "*-' former, of many an ableThTlosopher T.' '"""°''"' '^■ mte, but the thought under X th!' "^ ""^ "««■ One set of neonle w.L „ . ''^^ *''° ""^ ^"^ iU-deflned. standing. SC^et t'' T' ^ "1"'^"^ '" P°««eal wished ^to bring Tme^ u"p"n ^,h """ ^ "^ "«'°^ "P' <^w^ ^'^n'i: hf^'^^ ^^f^'pl^r / aty^lA. j£cti rdJ^i^ ^:^^i^ ^^^y^Lc^ /(? OiolC Yo f cf I ■ zlii DEMOCRACY IN AMERICA. II in the abstract, without any consideration of its meaning. The multitude accepted the words of the Declaration of Independence. De Tocqueville came to this new country, and found not only political equality, but an absence of noteworthy social distinctions. There was no rich class, no fasliionable class ; there were no families of inherited importance, no privileged people. His opening sentence, already quoted, is this : " Amongst the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of condition among the people." And just afterward he says : " The more I advanced in the study of American society, the more I perceived that this equality of condition is the fundamental fact from which all others seem to be derived, and the central point at which all my observa- tions constantly terminated." Again : " The gradual de- velopment of the principle of equality is, therefore, a providential fact. It has all the chief characteristics of such' a fact: it is universal, it is durable, it constantly eludes all human interference, and all events as well as all men contribute to its progress." To-day it must be obvious to every observer that equal- ity of condition such as De Tocqueville saw, or thought that he saw, does not exist. There are inherent inequali- ties of physical and psychological conditions; there are inequalities in habits of thrift, industry, obedience, and rectitude ; there are inequalities of possession and of op- portunities for acquisition ; and there are those inequali- ties of inherited education, desires, needs, preferences, and tastes which diversify modern life and make civilized men superior to the monotonous, undeveloped multitudes of barbarous and savage people. Variety and diversity, producing an interchange of products and relations, are far more characteristic of the people of the United States to-day than equality of condition. Such inequality is ex- pounded and defended in a recent suggestive volume.^ 1 "Inequality and Progress," by Professor George Harris. DtTBODDOTIOlf. ^jj But freedom from traditional fetters, from social bar. r.ers, from injustice before the law, from eecle«^tic^ domimon from governmental oppression, is moTtk^. The second word is one of hope. The outlook for dem- ocratic government is favorable. It takes time to en- hghten the people. On certain subjects-for example on the pnnciiJes of wise national financiering, and o^ the proper methods o municipal administration _ knowledge s stm hnuted to a comparatively small number rf thonghtf-il persons. But discussion is so free Tthe newspapers, on the platform, in the magazines, among the social organizations, upon the ears, in the f^tories and s ores, that bght spreads steadUy from one person to an other. The student of history, famUiar w«h the slow achievements of the race as it has emerged from igZ Zt thrretnV"?T,'"r' """^ ^^'"'''y' """y ^ ^-e that there wiU be, in the long run, no backward steps Democracy is undoubtedly established in Europe and America for a long period to eome. An emperor may be the chief of the state, like Louis Napoleon, "by the .^ace of God and the will of the French peopk", or a ^Tu^n may reign with undisturbed supremacy, fo^ more thin sjxty years, over a people that make theS ownTaws • t a term; or there may be a senate or a directory: yet tamed whether the authority be that of usurpation torce. It IS Idle to dechiun against its increasing suprem- acy, or to claim with the flatterers of Canute, that wives can be kept back by an edict. The sway of democrac^m^ be regulated, its methods of government may be perfected and Its dangers may be counteracted b/constS orces, but its gra«p of the political institutions 07^ em l^urope and of this land is not likely to weaken it sH 1' ii 'i xliv DEMOCRACY IN AMERICA. I li It/ Nor is this influence felt in politics only. In ecclesias- tical affairs the voice of the laity is more and more influ- ential. An august assembly of bishops of the Anglican communion has gone so far as to say that public opinion is recognized as the greatest of forces in these days. In education, the will of the people has broken away from many traditions which wise and learned men have hitherto regarded as of the first importance. Thirdly, democracy often thwarts its own purposes and brings about results quite foreign to its interests. In two fundamental matters, the making of laws and the election of public officers, the behests of the people are often dis- obeyed. Let us consider both these points. It is well known that in the national and State legisla- tures important measures are carried through without debate or careful consideration. Long ago it was shown that congressional government was "a government by committees." Recent events have shown that the Speaker of the House can exercise almost absolute power. In the latest stages of legislation, some very significant clause may be inserted in a bill of national importance, without the knowledge even of the chairman of the committee supposed to be in charge of the business. Such a condi- tion has been called " legislative paralysis." As a remedy, the "referendum" has been proposed^ and, to a limited extent, has been employed, in order that the popular wiU might find expression ; but this is only shifting the responsibility from a body which is chosen for deliberation and judicious action to a multitude that can do little more than say yes or no to a proposition presented to them, without the rectification of details. The difficulties encountered in selecting as public officers the men whom the people would prefer are constantly multiplying. The party machinery is more and more potent, more and more intricate and mysterious to the average voter. The " bosses " who are in control are set against independent movements. They hate the irregu- INTRODUCTION. xlv lars. They denounce spUt tickets, bolts, citizens' unions and other devices by which the party supremacy may be weakened. They make it as disagreeable as they can for outsiders to run as candidates. Each party brands with opprobrious epithets those who leave its own ranks-al though one aim of party organization is to make converts from the opposite party. The notes of alarm regarding the decadence of the leg- islative systems of the United States are numerous. Unless the present tendencies are corrected, confusion and error will not be the greatest evils. Much is to be feared from the machinations oi individuals, corporations "trusts," and other associated bodies, who will seek for private advantages, and gain them, without respect to the welfare of society at large. Nor is the evil confined to this country. Other nations may follow the example of the United States, and, viewing our material prosperity, may justify their procedures by American precedents. Indeed, there is reason to appre- hend a crisis in the progress of political liberty. A writer m France has recently reviewed the methods of parlia- mentary action in England, Germany, Austria, Belgium and Italy, and the record is full of reasons for serious alarm. "Does young America," he asks, "give us the consolation of a better state of things ? An impartial ob- server cannot paint in rose colors the moral and political condition of that great country beyond the sea." Finally, in view of all these comminglings of hope and fear, the perusal of De Tocqueville's treatise will set any patriot to thinking upon the foundations of our govern- ment-upon the tendencies toward evil and toward good of democracy. It wiU increase his trust in republican in- stitutions. It will lead him to study history, that store- house of human experience, that arsenal of politics. As he reads, he will be impressed by the fact that this country has passed through many crises. It has repeat- edly been scathed. Wars, panics, financial difficulties. \ 1 t 1 ■tl! ; I zlvi DEMOCRACY IN AMERICA. grave apprehensions, obvious dangers, have beset the republic. Its progress has not been by serene and peace- ful development, like the unfolding of a hot-house plant, — but by such " storm and stress " as hardens the oak. Every generation has experienced great trials, yet the vigor of the people has not been impaired. Their hope, their courage, their self-reliance, their belief in the prin- ciple of self-government, is stronger than ever. The country looks toward the future with calm serenity, even now, in the opening of a costly foreign war. It is confident that whatever mistakes have been or may be made, whatever obstacles or foes are encountered, the improvements in government that have been secured by the experience and example of the United States are a permanent gain to the human race, and that the united forces of this people will continue to work together for the support of liberty, fraternity, and democracy. As for the author, his fame is secure. To him may be fitly applied the words inscribed beneath the statue in London of the illustrious Harvey: ''ViRO monumentis SUIS IMMORTALI." D. C. GiLMAN. Johns Hopkins University, Baltimore, April, 1898, 'i mmm h BIBLIOGRAPHICAL NOTE The full name of the author of this work is Alexis Clu.rles-Henn Clerel de Tocqueville. Among the French rnti:l?''".''" ''"^^"^^"^^' «^^ so'also amont lecent ±.ngli8h writers, e. s., Leckv '< nPTnr.««o ^ Senior, ' Correspondeuee," etc. But as the uZ In this country has been to say " De ToequeviUe," it has been de cded, in the present volumes, to adhere to this fo™, The first part of the I>^oeratie en A,nM,„e a^eared 840 bvr"'' '" f '"'"'"•^' ''''^' ■""> " was followed „ 1840, by the second part, likewise in two volumes The first English translation was by Henry Reeve and an Zt"ki:t;AV''r%™^ -- ^^r>roZt,t aew lork in 18u8-40, with preface and notes by John C Spencer Reeve's translation was revised and larg^W ^" written by Professor Francis Bowen of Harvard CoUe^ and published at Cambridge, Massachusetts, in 1862 ^It IS this translation that is here given. There is one standard collection of the writings of De TocquevOle, published at intervals from 1860 to^865 in nine octavo volumes, namely : ' (1) De la Mmoemtie en AmMqite, 3 vols (2) ^'Ancien regime et la Bholution i&rat edition 1856) n the same year English translations appeared inLon don, by Henry Reeve; in New York, by John Bonner" mSs of tt* ™'T "' '"^ ™* ™^ -ittenrthe Xg: ments of the second are mentioned below iS)muvres et cofrespondance inMites, 2 vols, (published xlvii 5 I 11 ii'i ! u j Ml ll zlviii BIBLIOGRAPHIOAL NOTE. Hi;i!i in 1860 ; English translation, with large additions, Lon- don and Boston, 1861). (4) Nouvelle correspondance inMite (1865). (5) Melanges, fragments historiques et notes sur VAncien regime, la B4volution, et VEmpire; Voyages; Pens4es (1865). (6) J^tudes 4conomiques, poUtiques et UttSraires (1865). To the above should he added the volume written in collaboration with his friend G. de Beaumont, entitled Dm Syst^mepinitentiaire am J^tats-TJnis (Paris, 1832), embody- ing the results of their official mission to this country. A translation of this, by Francis Lieber, appeared in Phila- delphia the following year. Mention must be made, like- wise, of a recent volume, entitled Souvenirs (Paris, 1893), translated and published in English under the title Remi- niscences (London and New York, 1896). This volume is restricted to notes on current political aflfairs in the period immediately following the abdication of Louis Philippe. For the biography and critical estimates of De Tocque- ville, the following may be consulted: De Beaumont's Notice in the first volume of the (Euvres et correspondance inMites, mentioned above (the Notice was separately re- printed, Paris, 1896) ; the Nouvelle Uographie g4n4rale; an article by Remusat in the Revue des Deux Mondes for August 1, 1856 ; Sainte-Beuve, Causeries du lundi {passim) and Nouveaux lundis, Vol. X ; the JHscours de reception d V Academic frangaise (1861), by Lacordaire, who was elected to De Tocqueville's seat, and the Riponse of Guizot ; E. Laboulaye, L'jStat et ses limites (1863), in which there is also an essay on De Tocqueville ; F. A. A. Mignet, Nouveaux Sloges historiques (1877) ; and the recently published volume by E. d'Eichthal, Alexis de Tocqueville et la Bemocratie liberale (1897). In German there is a volume by Jaques, which appeared in Vienna in 1876. In English, besides the Notice by De Beaumont in the previously mentioned translation of the (Euvres et correspondance inidites, the following are noteworthy : the Correspondence and Conver- sations of Alexis de Tocqueville ivith N W. Senior, edited by 1 i: BIBLIOGRAPHICAL NOTE. ^j. volume Of hi, w^.j^'i'^^ixf.^rjres ue lo^uenUe, which appeared in the fifth series of H,. ^a.heeons„ItedinthevoI..eso/Si:i::? i)wl^e!' t*:'''' *" "''' *■"" '" "'^ y»' ^I'^n the 1^ ( f I jl 1 . l! 1i ,j| ^H. ii |i| ■^^^^B' '^^■' H ^^^^^^^^^^^^B ^1 ^^^^^^^^^^^^H* mB- 4 *9 nw^..,i: J ^^H ^r j:, ■ i : '-11' 1 fS ii . t^ 1 : . .lil 1 ^H •""-"•'"■-' "TniMiiin m Ho plished, say tha His WO] mind cc that th( power i sistible, and the] warning, its Condi ing. It ^ work, thf ciple of J the chief versal, it * Tho twe] Advertisement French Revok t The write Deputies, on tl was accomplisl tion of his woi AUTHOR'S ADVERTISEMENT TO THE TWELFTH EDITION.* LTOWEVEE a,dden and momentous the event, phshed the author of this book has a rightTo say that they have not taken him by sufse^ H.S work was written fifteen years [go, wUh a mmd constantly occupied by a single thought, - hat the advent of democracy as a gov!™ ng power m the world's a&irs, universal and irre^ sistible, was at hand. Let it be read over aga n and there wll be found on every page a soTmn warnmg hat society changes it. forms, humanly .ts cond,tion, and that new destinies a e impeTl mg. It was stated in the very Introduction of the work, that « the gradual development of the prTn! cple of Equality is a providential fact. It has^ the ch.ef characteristics of such a fact; it is un versal, .t .s durable, it constantly eludes all hum";. ■»= of hi. work. _ Am. 7° """ "f "'" "^^ " "■= '"olfth «ii- (II) It 1 1' F'n ■; 8 ' 1 |. Bi'" 1 1 mpi^i I'* 1 lT £ 1 lu author's advertisement. I|! II m interference, and all events as well as all men contribute to its progress. Would it be wise to imagine that a social movement, the causes of which lie so far back, can be checked by the ef- forts of one generation ? Can it be believed that the democracy, which has overthrown the feudal system and vanquished kings, will retreat before tradesmen and capitalists ? Will it stop now that it is grown so strong and its adversaries so weak?" He who wrote these lines in the presence of a monarchy which had been rather confirmed than shaken by the Revolution of 1830, may now fear- lessly ask again the attention of the public to his work. And he may be permitted to add, that the present state of affairs gives to his book an imme- diate interest and a practical utility which it had not when it was first published. Royalty was then in power; it has now been overthrown. The in- stitutions of America, which were a subject only of curiosity to monarchical France, ought to be a subject of ptudy for republican France. It is not force alone, but good laws, which give stability to a new government. After the combatant, comes the legislator ; the one has pulled down, the other builds up; each has his office. Though it is no longer a question whether we shall have a monarchy or a republic in France, we are yet to learn whether we shall have a convulsed or a tranquil republic, — whether it shall be regular or irregular, pacific or v»^arlike, liberal or oppres- sive, — a republic which menaces the s;.cred rights of property and famil}^ or one which honors and liii AUTHOR'S ADVERTISEMENT. protects them both. It is a fearful problem, the solution of which concern, not France alone, but the whole civilized world. If we save ourselves we save at the same time all the nations which surround us. If we perish, we shall cause all of them to perish with us. According as democratic iberty or democratic tyranny is established here the destmy of the world will be different; and it may be said that this day it depends upon us, whether the republic shall be everywhere finally established, or everywhere finally overthrown Now this problem, which among us has but )ust been proposed for solution, was solved by America more than sixty years ago. The prin- ciple of the sovereignty of the people, which we enthroned m France but yesterday, has there held undivided sway for over sixty years. It is there reduced to practice in the most direct, the most unhmited, and the most absolute manner For sixty years, the people who have made it the common source of all their laws have increased contmually in population, in territory, and in opu- lence; and -consider it well -it is found to have been, during that period, not only the most pros- perous, but the most stable, of all the nations of he earth. Whilst all the nations of Europe have been devastated by war or torn by civil discord, the American people alone in the civilized worid have remained at peace. Almost all Europe was convulsed by revolutions ; America has not had even a revolt.* The republic there has not been • THank God ,h., ,1,1. i, hi.,„n., ,h„„^h u ,, „„. ,t, p^,„, ,^ .^^^ ''I I I! i i I M liv author's advertisement. { lij Jl I i the assailant, but the guardian, of all vested rights; the property of individuals has had better guaran- ties there than in any other country of the world ; anarchy has there been as unknown as despotism. Where else could we find greater causes of hope, or more instructive lessons ? Let us look to America, not in order to make a servile copy of the institutions which she has established, but to gain a clearer view of the polity which will be the best for us; let us look there less to find examples than instruction; let us borrow from her the principles, rather than the details, of her laws. The laws of the French republic may be, and ought to be, in many cases, different from those which govern the United States; but the principles on which the American constitutions rest, — those principles of order, of the balance of powers, of true liberty, of deep and sincere respect for right, — are indispensable to all republics; they ought to be common to all ; and it may be said beforehand, that wherever they shall not be found, the republic will soon have ceased to exist. 1848. record of what our country has been, and of what she accomplished during three quarters of a century, is beyond the power even of a gigantic rebellion to blot out. Let only the faint-hearted, on looking into the past, exclaim, with the great Italian, " Nessun maggior dolore Che ricordarsi del tempo felice Nella miseria." Nobler spirits will say, though the memory of what has been be the only star which shines in the thick darkness thit now surrounds us, it shall light 08 on to mightier efforts, and kindle in ottr hearts a surer hope of the re- appearance of the day, — of a day whose sunshine shall not be broken even by the one dark cloud that dimmed our former prosperitv Am. Ed. 1862 I 'I '!". '|ii CONTENTS Introduction page Bibliographical Note . ^ Author's Advertisement . ^'^i Author's Introduction ^ J ' '_ 1 CHAPTER I. Exterior Form op North America 19 CHAPTER II. 55 CHAPTER III. Social Condition of the Anglo-Americans The striking Characteristic of the Social Cnn^ir \ 1 ' ' ^^ Americans is its essential Democracr '^°^'"- PoUMcal Consequences of the Social Condition of the Anglo'-Amlr- '' 67 CHAPTER IV. The American System of Townships '^ Limits of the Township . 74 Powers of the Township in New England ^^ ^ Life in the Township 77 Spirit of the Townships of New England ^« The Counties of New England ^^ , 86 Iv Ni '3 'it m i'f'i' Ivi CONTENTS. _^ PAGE -^ The Administration of Government in New England ... 87 ■~ General Remarks on the Administration in the United States . 99 Or THE State 104 Legislative Power of the State 104 The Executive Power of the State . . . , . . .106 Political Effects of decentralized Administration In the United States 107 CHAPTER VI. Judicial Power in the United Statijp, and its Influence ON Political Society 123 Other Powers granted to American Judges ..... 130 CHAPTER VII. Political Jurisdiction in the United States 133 CHAPTER VIII. The Federal Constitution , , 140 History of the Federal Constitution . 140 Summary of the Federal Constitution 143 Powers of the Federal Government 144 Legislative Powers of the Federal Government 147 A further Difference between the Senate and the House of Repre- sentatives 150 The Executive Power 151 In what the Position of a President of the United States differs from that of a Constitutional King of France .... 153 Accidental Causes which may increase the Influence of the Execu- tive Government 158 Why the President of the United States does not need a Majority in the two Houses in Order to carry on the Government . 159 Election of the President 160 Mode of Election 166 Crisis of the Election 170 Re-election of the President 172 Federal Courts of Justice I75 Means of determining the Jurisdiction of the Federal Courts . 179 Different Cases of Jurisdiction I8I Procedure of the Federal Courts 187 High Rank of the Supreme Court amongst the great Powers of State 190 f\ ' -fc^ CONTENTS. i_i| '° "stir"'' *': Federal Constitution Is superior to that of the'"" Cha^cterifltics of the Pe'derai Constitution of the United States of ^^^ "^^ the 1^:?:? T" "" ""'' P''"^'"^'^ '- *" Nations', and how '"^ the Anglo-Americans were enabled to adopt It . '*°*' '*'*'' ^^ CHAPTER IX. How IT CAN BE STRIOTI.V OArn .«^.-. ^ 219 CHAPTER X. Parties in the United States Remains of the Aristocratic Party in the United States' .'.' .Z CHAPTER XI. Liberty OF THE Press IN THE United STATE8 .... 230 CHAPTER XII. Political Associations in THE United States . . . . 242 $^ CHAPTER XIII. Government of the Democracy in America Universal Suffrage • • • . ^2 Instability of the Administration in the United Stat«', ' ' • 265 ' 279 --- J !il Iviii CONTENTS. PAGB Whether the Expenditure of the United States can be compared with that of Prance 280 Corruption and the Vices of the Rulers in a Democracy, and conse- qu&nt Effects upon Public Morality 286 Effort :, of which a Democracy is capable 280 Self-Control of the American Democracy 293 Conduct of Foreign AlTairs by the American Democracy . . 296 CHAPTER XIV. What are the real Advantages which American Society de- rives FROM A Democratic Government 302 General Tendency of the Laws under the American Democracy, and Instincts of those who apply them 302 Public Spirit in the United States 308 Notion of Rights in the United States an Reapect for the Law in the United States 315 Activity which pervades all Parts of the Body Politic in the United States ; Influence which it exercises upon Society . . . 317 CHAPTER XV. Unlimited Power of the Majority in the United States, and ITS Consequences 324 How the Omnipotence of the Majority increases, in America, the Instability of Legislation and Administration inherent in De- mocracy ............ 327 >».Tyranny of the Majority 33Q Effects of the Omnipotence of the Majority upon the Arbitrary Au- thority of American Public Officers 335 -—Power exercised by the Majority in America upon Opinion . , 336 Effects of the Tyranny of the Majority upon the National Character A the Americans.— The Courtier-spirit in the United States . 340 The greatest Dangers of the American Republics proceed from the Omnipotence of the Majority 343 CHAPTER XVI. Causes which mitigate the Tyranny of the Majority in the \ United States 346 ■^ Absence of Centralized Admiuistration 346 The Profession of the Law in the United States serves to counter- poise the Democracy 348 Trial by Jury in the United States considered as a Political Insti- tution 358 / :H:ii; CONTENTS. Uz CHAPTER XVII Influence of the Laws unon th« M^i^t ' " " • • pubUc in the UnitedTates ''''^^^^""-^ «^ t^« ^^--cratic Re- Influence of Manners uDoithp Mai r.+„ ' ' ' * • public in the Uniterst .Ls '"^"^*'_'^**°^« «*' ^^^ democratic Re- Religioncon8ideredasaPolitir.nl Tnc+if *• ' ,' the Americans democratic Repubhc amongst PAGE 36!) 382 383 383 387 394 403 409 5" 414 418 CHAPTER XVIII, The Present and probable Future Pnvi.T™„^ IT.. "-. -™ ^-^^''^^rV'^Tl'Z Situation of the Blaek Poputoiion , n tt« UnlL «,. ; ' ' Of the Republican Institutions of the United «^tet. ' .\ ' ' Chances of Duration are . ^'*®'* ^***®«' »"<» what their Some Considerations on the Causes «f t>,Jn ''.'•* the United States . **"' Commercial Prosperity of 424 431 456 491 535 Conclusion 543 ^ 552 4Z.* ^^. IH li^: : ! i: I BEMOCRACY IN AMERICA ; ■ I; '•:! on AU AM jOL t] struck dition 8 gious i] whole ( , public c new mi habits t I soor far beyo] try, and over the new sent ever it ( study of equality all other; which all I then thought the spectj observed there rea( attained i AUTHOR'S INTRODUCTION ^MONGST the novel objeCa that attracted my atten- Xi fon during my stay in the United States, nothing struck me more forcibly than the general equalit; o^cr d;f on among the people. I readily discovered the prol g.ous mfluence which this primary ftct exercises on the whoe course of ^ociely, it gi.es a peculiar direction to . pubhc opmron, and a peculiar tenor to the laws ; it imparl new maxirjrs to the governing authorities, a.^d p^E habits to the governed, peculiar I soon perceived that the influence of this fact extends try, and that it has no less empire over civil society than evrUdoe " n't "t "''™> ^-^toms, and modiHes what- Tdv If r • ^ ""■ ^" """^ I ^'i^n-'ed in the study of American society, the more I perceived that M, jal^ of condition is the fundamen,^ fecXm whth all others see.^ to be derived, and the central pobt .t which aU my observations constantly terminated "^ tnought that I discerned there something analoffous to h spectade which the New World presefted to me I observed that equality of condition, though it C'not •ttamed m the Umted States, is constantly approaching AUTHOR'S INTRODUCTION. i. ! I jl t M i.i:i it : and that the democracy which governs the American communities appears to be rapidly rising into power in Europe. Hence I conceived the idea of the book which is now before the readfc. It is evident to all ahke tiiat a great democratic revolu- tion is going on amongst us ; but all do not look at it in the same light. To some it appears to be novel but acci- dental, and, as such, they hope it may still be checked ; to others it seems irresistible, because it is the most miiform, the most ancient, and the most permanent tendency which is to be foimd in history. I look back for a moment on the situation of France seven hundred years ago, when the territory was divided amongst 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 gen- eration to generation ; force was the only means by which man could act on man ; and landed property was the sole source of power. Soon, however, the poUtical power of the clergy was founded, and began to increase: the clergy opened their ranks to all classes, to the poor and the rich, the vassal and the lord ; through the Church, equaUty penetrated into the Government, and he 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. The different relations of men with each other became more complicated and numerous as society gradually be- came more stable and civilized. Hence the want of civil laws was felt ; and the ministers of law soon rose from the obscurity of the tribunals and their dusty chambers, to appear at the court of the monarch, by the side cf the feudal barons clothed in their ermine and their mail. Whilst the kings were ruining themselves by their great i!li(;; author's introduction. o enteT,me», and the nobles e=chausting their resources bv by commerce. The mfluence of money began to be oer- eepfrfe m state affairs. The tran^rfofs of business opened a new road to power, and the financier rose to a ::rand £s. '-""^"^^ ^" -"^^ '^ - - »- «- . «;»f "f y *«= diifeion of inteUigence, and the increaa- ng taste forhterature and art, caused learning and Xt to become a meauis of government; mental iility W To The value attached to high birth declined just as ftst ag new avenues to power were discovered. In theXIth centu^ nobihly was beyond aU price; in the thir^rth .t ^ght be pm^hased. NobiUty wa. first conferred vS f I \T '?"^'*' "'^ »''"^ ™'^'"J"'=«i into the govern- ment by the aristocracy itself. govern- nappened that the nobles, m order to resist the authority of the crown, or to diminish the power of their riv2 ^ted some pohtical influence to the common peo^ Or more frequently the king permitted the lower Ce™ to have a share m the government, with the intention rf depressmg the aristocracy. "iiennon ot In France, the Hngs have always been the most active and the most constant of levellers. When they w Z st^on! and ambrtrous, they spared no pains to raise (hipeopi "» the level of the nobles; when thev w»~ ♦ ^ . feeble, they ^owed the'peopi: ^risrivlTere^ homo a,s,sted the democr^y by theU- talents, oZrs bv A m ililli 'l! 4 author's introduction. As soon as land began to be held on any other than a feudal tenure, and personal property m its turn became able to confer influence and power, every discovery in the arts, every improvement in commerce or manufactures, created so many new elements of equality among men. Henceforward every new invention, every nevf want which it occasioned, and every new desire which craved satisfac- tion, was a step towards a general leveUing. The taste for luxury, the love of war, the empire of fashion, and the most superficial as well as the deepest passions of the human heart, seemed ' o co-operate to enrich the poor and to im- poverish the rich. From the time when the exercise of the intellect became a source of strength and of wealth, we see that every addi- tion to science, every fresh truth, and every new idea became a germ of power placed within the reach of the people. Poetry, eloquence, and memory, the graces of the mind, the glow of imagination, depth of thought, and all the gifts which Heaven scatters at a venture, turned to the advantage of the democracy; and even when they were in the possession of its adversaries, they stUl served its cause by throwing into bold relief the natural great- ness of man. Its conquests spread, therefore, with those of civilization and knowledge; and literature became an arsenal open to all, where the poor and the weak daily resorted for arms. In running over the pages of our history for seven hun- dred years, we shall scarcely find a single great event which has not promoted equahty of condition. The Crusades and the English wars decimated the no- bles and divided their possessions : the municipal corpora- tions introduced democratic liberty into the bosom of feudal monarchy ; the invention of fire-arms equahzed the vassal and the noble on the field of battle ; the art of printhig opened the same resources to the minds of all classes ; the AUTHOR'S INTRODUCTION. po8tK>ffice brought knowledge alike to the door of the :::-; t?;^:rr ;^d"f -f '— wealth and powe" ^''"^ a ■ . .1 ■ i ■ \'\ . ft I ■ ;' ;\^^l 1 8 author's introduction. Ml 'i i. 1 1,1 I ti' vices. No attempt was made to fit it to govern, but alJ were bent on excluding it from the government. The consequence has been, that the democratic revolution has taken place in the body of society, without that con- comitant change in the laws, ideas, customs, and manners, which was necessary to render such a revolution beneficial. Thus we have a democracy, without anything to lessen its vices and bring out its natural advantages ; and although we already perceive the evils it brmgs, we are ignorant of the benefits it may confer. While the power of the crown, supported by the aris- tocracy, peaceably governed the nations of Europe, society, in the midst of its wretchedness, had several sources of happiness which can now scarcely be conceived or appre- ciated. The power of a part of his subjects was an insur- mountable 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 in- spired. The nobles, high as they were placed above the people, could not but take that calm and benevolent interest in their fate which the shepherd feels towards his flock; and without acknowledging the poor as their equals, they watched over the destiny of those whose wel- fare Providence had intrusted to their care. The people, never having conceived the idea of a social condition dif- ferent from their own, and never expecting to become equal to their leaders, received benefits from them without discussing then- rights. They became attached to them when they were clement and just, and submitted to their exactions without resistance or servility, as to the inevitable visitations of the Deity, Custom and the manners of the time, moreover, had established certain limits to oppression, and put a sort of legal restraint upon violence. As the noble never suspected that any one would at' author's introduction. 9 inferiority as a consequence „ffhe-m'"r '"'! °"" nature, it is easy to imaeine thJ ""■"•"»* order of of good-wiU took dwZ """' '""™' «ch™ge and oppressive. ^ consider to be usurped ranee. But in the midst of ht^otl^d""' "' '^'"^ .ude it was not uncommon to Z^^CLZT: ™"- generous sentiments, nrofonnH ,.<.i- • "^"^g®*"^ passions, mU virtues. '^ ^ '^''8'°''' convictions, and severed mankind are fkllir^' ^"^"^ ^'^'='' ""ce power is shared byZny^lfcrr^ '^ *"'''^'^' and the capacities of ajTJl ^ mtelhgence spreads, State becoCTemLl ""d'";^ ''"""^ '=""'™'^'' ^he' slowly and peacea~Xtdttrr°''^"°'='^^^ '^ the manners of the nation ' "'''■"■«i™= and an'e^a. wtnd'rLSrf •■ ^ "™ ^""^ f-' f r themselves 1 ^Z^^ 'X h"^;::"f ^ -"; .^e government would he res^ect^ t^:^::;;^; 'il }-l 1 1_ ! :^.;* 10 author's TNTRODUrXTON. ^li I ;i:i ;j ti not as divine ; and in which the loyalty of the subject to the cliief magistrate would not be a passion, but a qiiiet and rational persuasion. Every individual being in the j)()ssession of rights which he is sure to retain, a kind of manly confidence and reciprocal courtesy would arise between all classes, alike removed from pride and serviHty. The people, well acquainted with their own true interests, would understand that, in order to profit by the advantages of society, it is necessary to satisfy its requisitions. The vohmtary association of the citiisens might then take the place of the individual exertions of the nobles, and the commiinliy would be alike protected from anarchy and from oppression. I admit that, in a democratic state thus constituted, society would not be stationary. But the impulses of the social body might there be regulated and made progressive. If there were less splendor than in the midst of an aris- tocracy, the contrast of misery would also be less frequent ; the pleasures of enjoyment might be less excessive, but those of comfort would be more general ; the sciences might be less perfectly cultivated, but ignorance would be less common ; the impetuosity of the feelings would be repressed, and the habits of the nation softened ; there would be more vices and fewer great crimes. In the absence of enthusiasm and an ardent faith, great sacrifices may be obtained from the members of a common- wealth by an appeal to their understandings and their ex- perience; each individual will feel the same necessity of union with his fellows to protect his own weakness ; and as he knows that he can obtain their help only on condition of helping them, he will readily perceive that his personal interest is identified with the interests of the whole commu- nity. 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 AUTHOR'S INTRODUCTION. n the people wairomai,, quiet, not because they despair of . change for the better, but because they are conscio J tLt they are weh oif already. conscious that If all the consequences of this state of things were not good or useful, society would at least have appfopriated ^ such as were usefal and good; and having'LZatd ff over renounced the social advantages of aristocracv, L„ ln,d would enter mto possession of aU the benefit^ Vweh democracy can afford. But here it may be asked what we have adopted in the I^ace of those institutions, those ideas, and thl c^tom of our forefathers which we have abandoned. The spell of royalty is broken, but it has not been sue ceded by the majesty of the laws. The people lave learned to despise all authority, but they still fear it : and I perceive that we have destroyed those individual pow- ei. which were able, single-handed, to cope with tyranny- but, IS the government that has inherited the pSTes' of which families, coiporations, and individuals have bfen deprived; to the power of a small number of prons- which, rf ,t was sometimes oppressive, was ofteii'conserva- .ve-has succeeded the weakness of the whole comm" The division of property has lessened the distance which separated the nch from the poor; but it would seemThat the nearer they draw to each other, the greater h thet ".utual hatred and the more vehement thf en'; ^d^I read with which they resist each other's claims to pow the Idea of Right does not e.^st for either party, and p"^e affords to both the only argument for the prit, andThe only guaranty for the fiiture. without their feith, and their ignorance without their 12 author's introduction. ! !■ ■ '1? I i V virtues ; he has adopted the doctrine of self-interest aa the rule of his actions, without understanding the science which puts it to use ; and his selfishness is no less blind than was formerly his devotedness to others. If society is tranquil, it is not because it is conscious of its strength and its well-being, but because it fears 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 repin- ings,^ the sorrows, and the joys of the present time lead to no visible or permanent result, like the passions of old men, which terminate in impotence. We have, then, abandoned whatever advai/ages the old state of things afforded, without receiving any compensa- tion from our present condition ; we have destroyed an aristocracy, and we seem inclined to survey its ruins with complacency, and to fix our abode in the midst of them. The phenomena which the intellectual world presents ai-e not less deplorable. The democracy of France, ham- pered 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 empire has not been grad- ually introduced, or peaceably established, but it has con- stantly advanced in the midst of the disorders and the agitations of a conflict. In the heat of the struggle, each partisan is hurried beyond the natural limits of his opinions by the doctrines and the excesses of his opponents, until he loses sight of the end of his exertions, and holds a language which does not express his real sentiments or secret in- stincts. Hence arises the strange confusion which we are compelled to witness. I can recall nothing in liistory more worthy of sorrow and pity, than the scenes which are passing 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, wa* lli^l n. author's introduction. j3 now broken ; the s;ympathy whicl. has always been oK served between the feelinn-s onr? fK -j . ^ .2:':: 2:'pr; -;: :rru;.1~ future life, and who readilv esnon,,. fl,„ „ 2 , liberty as the source of all moT^a^^L^'ch: t "T" which has declared that all „e„ are^^Tin tit" r^f of events, rehjon ^^^l^.rlli:! ^fj ^^Z — CX^Hh-S^^^^^^^^^ to cui^e that cause of liberty nT » f i. ^' *"^ might hallow by its aihW^ " " '"'' "''"'''' *>^' " By the side of these religious mpn T A' whose looks are turned to eS'X har^hett" Tliese are the partisans of liberty not nnl,, ?u c^ .he noblest virtues, but n,o^t^;eiaV^\^: ^ -- sohd advantages; and they sincerely desire to Zn^ t authonty, and to impart its blessing to mankind ^t T natural that they should hasten to invoke treasltnce of re hgion, for they must know that liberty cannntT ! u ..bed without mot^ity, „„r moralit; ^tZli h lu thy have seen religion in the .unks of their advLrie and they inquire no farther; some of them aZl I openly, and the remainder are afraid to defend sw- LT^rthrThnndttnt r T"^ - ormt^-Ke\-;tf4 ---^^^^ are n to be met':Uh:V£ t^^J^:^ 21 *"\r''"r'"' '"'■ "'"' P"*- 'hat servility whfch they have themselves never known. Other., on the co^ ii lie id I ill.' ; .: i : : 1 1 i I r'J] f i.,'*fi K:j. 14 author's introduction. !|!l J : i\ ' M 1 1 ] j;: ^1 ■ i ^i:l ■•• traiy, speak of liberty as if they were able to feel its sanc- tity and its majesty, and loudly claim for humanity those rights which they have always refused to acknowledge. There are virtuous and peaceful individuals whose pure morahty, quiet habits, opulence, and talents fit thera to be the leaders of the surrounding population. Their love of country is sincere, and they are ready to make the greatest sacrifices for its welfare. But civilization ofl;en finds them among its opponents ; they confound' its abuses with its benefits, and the idea of evil is inseparable in their minds fi'om that of novelty. . Near these I find others, whose object is to materialize mankind, to hit upon what is expedient without heeding what is just, to acquire knowledge without faith, and pros- perity apart fi-om virtue ; claiming to be the champions of modern civilization, they place themselves arrogantly at its head, usurping a place which is abandoned to them, and of which they are wholly unworthy. Where are we, then? The religionists are the enemies of liberty, and the fi'iends of liberty attack religion; the high-minded and the noble advocate bondage, and the meanest and most servile preach independence ; honest and enlightened citi- zens are opposed to all progress, whilst men without patri- otism and without principle put themselves forward as the apostles of civilization and intelligence. Has such been the fate of the centuries which have pre- ceded our own? and has man always inhabited a world like the present, where all things are out of their natural connections, 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 con- science on human actions is dim, and where nothins seems to be any longer forbidden or allowed, honorable or shame- ful, false or true ? AUTHOR'S INTRODUCTION. tg which surround us. otd deT L . 1^: »d T"" eertmn foture to the communities otE^T Ta^ """■' rant of Ijis designs, but I shall not ce^rrbelieveTn ZZ ^rrn^-:;trhr,St-^ ^ - -- -- JiTLVhiri^-X'oft^sth"^^^^ fruits of the democrl, t It; ZT7 '^ ''"P""" ""' going without havm, hadtrrvorut' Zr ""''^^- fluencing the manners of the country ^ It appears to me beyond a doubt tliaf c« .at we^ban evttnectli./Xrte'ire'S ra3«::s,:^„i:::L""rrf'^P- ;rd:;:d*'ir eTcrrth" ^-^ - *» '"»- ->■- ^^ •-^^ tbat I'h'eetminT/t '" "''^ " '^^''■"'"^ ''--'^ there instn'cZ bv i r™" ' ""^ '"'^ ''^ '"^^ '" B"'^ nstraction by which we may ourselves profit. Who- 1-' 111' ' i i ) ''■ 16 AUTHOR'S INTRODUCTION. t "I im ever should imagine that I have intended to write a pan- egyric 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 system of laws. I have not even pretended to judge whether the social revolution, which I believe to be irresistible, is advantageous or preju- dicial to mankind. I have Acknowledged this revolution as a fact already accomplished, or on the eve of its accom- plishment ; and I have selected the nation, from amongst 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 to find out, if possi- ble, the means of rendering it profitable to mankind. I con- fess that, in America, I saw more than America ; I sought there the image of democracy itself, with its inch'nations, its character, its prejudices, and its passions, in order to learn what we have to fear or to hope from its progress. In the first part of this work, I have attempted to show the direction given to the laws by the democracy of Amer- ica, which is abandoned almost without restraint to its instinctive propensities ; and to exhibit the course it pre- scribes to the government and the influence it exercises on affairs. I have sought to vHscover the e\'ils and the advan- tages which it brings. I have examined the precautions used by the Americans lo direct it, as well as those which they have not adopted, and I have undertaken to poin'. out the causes which enable it to govern society. I do not know wiiether I have succeeded in making known wliat 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. Whenever a point could be established by the aid of written documents, I have had recourse to the original i i^v^^^lSiilUillBSte ' ■■ AUTHOR'S INTRODUCTION. ,;¥■;'■ 17 tat, and to the most authentic and approved ^orfa • I have cited my authorities in the note., „„ J refer to them. Whenever opTnionr„'„n T^ '"' """-^ remarks on the manners of trclV'tr eorrr[ V th ^irerp'il'; •"""" *" '""^' ^ntened mem i frequent., have quotedM'esTHehV^the \""" to him, or which deserve to ,™""'/'^ <'■*«''• known advance; but I have Zfi ?, ''\''''.'» P™of of what 1 tice. A strungl Zuen'it ^ "^ """"" *"' ?""=" «r.ide of His\ost,riaTttrrM' X^UIT my statements Xn % ^^ ^'' '"J"^"' '^^ ^"^^^«« of my statements than uud my name to the list of those stran gers who repay the generous hospitality they LvT ' A by subsequent cha.grin and annoyance ^ '"'^^'^ lam aware that, notwithstanding mv care nofl,- ^Be easier than to criticise this ...,,%i;2 etr Xo:! enonsh U. give „,e „,„s. „f ,heCZZllT""'°''' T ™ """^ Federal Govgrnment Mr rivl„ , " " P°"°'"'''"i°e to «he c-ca before »o ,.„,„e » know 1 1 "', "''°'" "" '"'"•■«= »1 '-P-, » owe . del,, of gramudc "^ ^^^^ ^' ""'' "' "'™° " « « Pl«««-« 18 author's introduction. 'iii mu B! II li'll!i5l.Mii|! Those readers who may examine it closely will discover, I think, in the whole work, a dominant thought which binds, so to speak, its several parts together. But the di- versity 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 cite, 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. It must not be forgotten that the author who wishes to be understood is obliged to push all his ideas to their ut- most theoretical consequences, and often to the verge of what is false or impracticable ; ^or if it be necessary some- times to depart from the rules of logic in action, such is not the case in discourse, and a man finds it almost as diffi- cult to be inconsistent in his language, as to be consistent in his conduct. I conclude by myself pointing out what many readers will consider the principal defect of the work. This book is written to tavor 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 from others, but to look further than others, and whilst they are busied for the morrow only, I have turned my thoughts to the whole fiiture. DEMOCRACY O AMERICA. p ^ CHAPTER I. EXTERIOR FORM OF NORTH AMERICA. North America divided into two vm* R. • Pole, the o.her toward the EZtof ^T'„""' T"^^ *«--d th. Traces '• .„d there of the ^y^T . '^ °^ *^« Mississippi.-. >^t.a«tie Ocean, on wL h hT EnT^ ^ - ^^^'^'^-S'^- '? the Different Aspects of North and of ll ?°"" '^^'^ ^«-^ed.- their Discovery.-ForestB of North f * '""' "* ^'^^ ^ime of Tribes of Natives. -.ThllnC^-^-Prairies.-- Wandering guages. - Traces of an «nicno!rPe^r""' '^°""' '^^ ^-- NORTH AMERICA present in v . certain general featurHwch Tt iT ""''""f ''^ mate at the first glance. ^^^ *° ^^^^m- A sort of methodical order sppm» . i, separation of land and water Z7\ ^^'^' ''^^''^ *« simple but grand a Jngem ntTr "' '"^ "^^^^^- ^ — n of objec. andThrptdVor^^^^^^^ ^^^ This continent is Hjvirf.^ „i . ™nety of scenes. regions, one of .hLttuJ^' T""'^ ■'"'" '"» ™" "c Pole, and by the Tw" iTt ! "" ""* '^ ""^ ^- It stretches toLrd tie Sm^ T"' °" *^ ^"' '"'J "-'• irregular sides nieet at S 1"""^" '™"g'^' ^•■<'- Canada. The second reriof be ™ *^ g^« ''J^es of •nmates,anJ includes auT ^".' ^'•'"•^ *" «*^r tez^ The one slop. J'l Wd ^Tf "' *« '=°"«"»^- 'Jie Equator *" ^ '"* *' ^°'^' *« "Aer toward ! i i'l; I i* h I ill 1 ■j ^ , 1 ^ m.'.-^':,.,rr^->;mm,-?m"m«mmimum w DEMOCRACY IN AMERICA. i:'ll!lii1:'' i I The territory comprehended in the first region descends toward the north with so imperceptible a slope, that it may almost be said to form a plain. Within the bounds of this immense level tract there are neither high moun- tains nor deep valleys. Streams meander through it irreg- ularly ; great rivers intertwine, separate, and meet again, spread into 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 formmg a vast bowl filled to the brim. The slightest change in the structure of the globe would cause their waters to rush either towards the Pole or to the tropical seas. The second region has a more broken surface, and is bet- ter suited for the habitation of man. Two long chains of mountains divide it, firom one extreme to the other : the one, named the Alleghany, follows the direction of the shore of the Atlantic Ocean ; the other is parallel with the Pacific. The space which hes between these two chains of moun- tains contains 1,341,649 square miles.* Its surface is therefore about six times as great as that of France. This vast territory, however, forms a single valley, one side of which descends from the rounded summits of the AUeghanies, while the other rises in an iminterrupted coui-se to the tops of the Rocky Mountains. At the bot- tom 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 for- merly called this river the St. Louis. The Indians, in * Darby's View of the United States, p. 499. EXTERIOR FORM OF NORTH AMERICA. 21 highest poinf of thettLriSeTher '':*"'".'''« the same spot rises another nvJrZ. R ^ I ^"''^ North], which empties itself II "^^e f^ ™'' '"•''"' whS":re ttsC^oitV\.*-- '^'^ tehets, the MississionfTt ' """^""^ ^oUen by course.' At the See Tllfir''-,'''."" ■"«" " '^ this river attains an ^e^^'df of't T "^ """"*' navigated by vessels of -inn 7^ v . *^^*' ™<' '' i' nearer 500 milT Fit ,! T "'''" ''"^ " ■="""« »f tribut^ to sw'rthe t^rerrf'rr?''"^"™^-™- others, the Missouri, wS it Mississippi; amongst miles, the Arkansas S^V™: LdT "' P"" miles, the Ohio, 959 miL • ^'.^^ ^^ R'™r, 1,000 to 1,000 miles n lengS^ w ""LliT ™T '^ ''"■" «»» the St. Francis and tl„ n « """' ""^ ^'^ P««>-'s, multitude o?;:,"! whie?" ^X"'' ''"'''" " "=°™"-» utary .strean^s ""'" '^'"" "^ f^' *«ir tril> t.q".ty, the river di'spenses bo* gld ^d '.ir ^Ne f." stream, natiu-e disphys an inexhaustiWe ferM t portion as you recede from its bank, ^^. ^i '" ^""^ tion lanmiish the ,oil 1, ' P*"""^ "^^ ™g''t'>- cuisu, [lie sou becomes noor nnrl ♦!-„ 1 ■ , survive have a sickly growth * Tn T I ^^'' *^^ y growtii. J>fowhere have the great • This statement is exaggerated, ox- give, a fa!., spitjssioa. 'i"h« ivrtiie '■■ i i ■ f ' S [fil ill I •;5i in!: 11 i i 22 DEMOCRACY IN AMERICA. 'I; 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 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 bank of the river are found immense plains, as smooth as if the husbandman had passed over them with his roller. As you approach the mountains, the soil be- comes more and more unequal and sterile ; the groimd is, as it were, pierced in a thousand places by primitive rocks, which appear like the bones of a skeleton whose flesh has been consumed by time. The surface of the earth is cov- ered 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, afterwards carried away portions of the rocks themselves ; and these, dashed and bruised against the neighboring cliffs, were left scattered like wrecks at their feet.* The valley of the Mississippi is, upon the whole, the most magnificent dv/elling-place prepared by God for man's abode ; and yet it may be said that at present it is but a mighty desert.f On the eastern side of the AUeghanies, between the base of these mountains and the Atlantic Ocean, there lies 1- I- land " near the stream " is often over five hundred miles broad, and only on the western side, and at a greater distance than this, is found a great sterile tract to which this description ia applicable. — Am. Ed. * See Appendix A. t The population of the valley is now nearly thrice as great as it wai when this was written. — Am. Ed. EXTERIOR FORM OF NORTH AMERICA. 28 territo^ does not exc^eTl I^ard^^r'tf -f:' about nine hundred miles in length Tw'''V' iojk. husbandman, and its vegetation is scan.^a:^ ™! Upon this inhospitable coast the first united efforts „f human mdustry were made. This tongue ofarid^and was the cradle of those English colonies^hich wel d" toed one day to become the United States oflmeriea The centre of power still remains here; whilst L,^ of It the true elements of th^ T , "^ '^^^ foture control ofThe In intt M """'' '" """"" ""^ most in secrecy together "^ "" ^*^™g ^- When the Europeans first landed on the shores of the West Ind,^, and afterwards on the coast of SouA Imir .ca, they thought themselves transported into tW TT lous regions of which poets had sun^ tL ' t^.' with phosphoric hVht and thr.r ^'j- '^ 'P'"'''''"* <• •» . ,: " ' ""^ cxtraordmarv transnaremv of Its waters discovered to the vVw „f .1. .^^^""y .be depths of the abyss.- ntld theXSIt:,! Set 'o^tow I* •'"°"'^™"^ P'™'^' ^d'libS baskets of flowers floatmg on the tranquil suifece of the ocean Every object which met the sight, Tthis en * Malte Brun tells us (Vol. HI n 7or\ *u„, ,u Sea is so transparent that coralsl J"/f ^ ? ' ""^''^ ^^ '^' ^""''bean fathoms. The sT p seemer^^^^^ "' f ""^"^^'^ ^* ^ ^«P*^ «f -^7 ^i«^e penetrate. tL:;ri:^:::;;:^^^^^^^ or^ds of shells, or .H.ea «shes ,H.n, : J/^ a^ri^rr i; il, h K- 'M 24 DEMOCRACY IN AMERICA. II .h' lit; 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 Avith purple and azure, and mingled their warbling with the harmony of a world teeming with life and motion.* Underneath this brilliant exterior, death was concealed. But this fact was not then known, and the air of these, climates had so enervating an influence, that man, ab- sorbed by present enjoyment, was rendered regardless of the future. 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 girt round by a belt of granitic rocks, or by wide tracts 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.f 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 hme. In these, as in the forests of the Old World, destruction was perpetually gomg 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 mass of dying trees ; they crept along their bending trunks, found nourishment in their dusty cavities, * See Appendix B. t These are not good specimens of the trees on our Atlantic coa«t. Firs, pines, cypresses, white and live oaks, would have been a better enomeratiou. — Am. Ed ;ir!. % »w#at^i»tte i - t mn t mHmm i ri£? -:: EXTERIOR FORM OP NORTH AMERICA. 26 ana a passage beneath the lifeless hart Ti i its assistance to hfe and tluMV . "' "^^"^^ ^^^^ course by human industry, preserved i„ 7 ""■ moisture. It was rare to me^ttw, 1;" t^^':!,,' ^";'«"' bn-ds, beneath their shades. The fall ,7!^' ^ ' "' h age, the rushin. torrent of a it , .. T overthrown Buffalo, and the howIinTof th. 7 ' *" '™'"S »'' ""« which broke the Zt'o^'nlej:'''''' ""^ "^ ""'^ '""""^ extent. WTiether Nature iJt T- '^ "' °^ immense the germs of tr L to ^ " ^^^T' ™™'^ '""■ '''''''"'' had onee been covered wS.% '^ T'' "'' ''^""^"'' "'«/ by the hand of min Is ' '^ ' ^T™"^ '^'^'™^'''' nor scienUfic researc"h L\r te TotL-I^ ''^■""" ages scattered among r frfZlfn,'"" ''"''^" '°' tm^softhep^rie. From th LS^f^e St T"" ""■ to the Delta of tlio Tu- • • • """^ ^^ ^^^ fet. Lawrence the Pacific Oclthet""'''P'' '"'• «•"■" "- Atlantic to resemblance S.^rt-rs^'r::"' ^''^'^'" P°'"'« "^ hut at the same titne Ly Sed l'^ TT" f^"- ™es of men ; • they were U. ^elhrto^r .rita i. „„, very di,tt„, fa,„ aij„.„„,, . '^« I»"<1 occapied by ,1,0.0 "tioa, ,l,a, ., a „mo,e poriod thov ""vo r„ TV """^ °' "'« ™PP°- of Amorioa. B„. ,hi. I a pota. wUoI b " *" "" *« '""i"™' ;• Coajec«>,o .„ rorigta, d^i'^Jri^^ Il'f I°* "^ Hmabold. ; Richer, ioui ludiuis." .-"nencaia. , Adair, .. Htatory of the Axtm- 1 i ■ ;■ t IWMIH ' I ■ f t 1 I ' 4^ 1 l^^^l 1 ; ^Hj 1 1 1 I 1' 1 1 ^v IMAGE EVALUATION TEST TARGET (MT-3) // 1.0 If 2.5 1^ 1.1 f/^i^ 1.8 1.25 1 1.4 1.6 ^ 6" ► V] <^ /2 '^ ^^> /A *• Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 &0 '^^1? ' «0 .\ V ^ 26 DEMOCRACY IN AMERICA. 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 cheekbones very prominent. The languages spoken by the North Ameri- can tribes were various as far as regarded their words, but they were subject to the same grammatical rules. These rules differed in several points from such as had been observed to govern the origin of language. The idiom of the Americans seemed to be the product of new com- binations ; and bespoke an effort of the understanding, of which the Indians of our days would be incapable.* The social state of these tribes differed also in many respects from all that was seen in the Old World. They seem to have multipUed freely in the midst of their deserts, without coming in contact with other races more civilized than their own. Accordingly, they exhibited none of those indistinct, incoherent notions of right and wrong, none of that deep corruption of manners, which is usually joined Avith ignorance and rudeness among nations who, after advancing to civilization, have relapsed into a state of barbarism. The Indian was indebted to no one but him- self ; his virtues, his vices, and his prejudices were his own work ; he had grown up in the wild independence of his nature. 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 their weakness, which is daily contrasted with the happiness and power of some of their fellow-creatures, excites in then- hearts at the same time the sentiments of anger and of fear: the consciousness of their inferiority and their dependence irritates while it humiliates them. This state of mind displays itself in their manners and language; • See Appendix C. EXIEEIOE FORM OF NOBTH AMEMOA. 27 thej are at once insolent and servile. The truth of A: • ea..ly proved by observation : the people ^^I't ■" powe^, r:i.b.ti t^thShets: *i tr gent feel themselves oppressed hv fhf'^ - '"'^'" unable ,„ ,., , s^:^ ^^-^::^^ ;iCL-.;i?o?htrrre*^ *^^--- '^ - areigno.ntandpo'Zritua.t/L^e"'' "'*°'^'' *«^ .£rifrre:e^rt^^^^ mdifFerent to the enjoyments which rivil.V^^ ' serve anr? a Vir^rJ «f • . . pracusea an habitual re- 7/mj f r of anstocratic pohteness. * We leam from President Jefferson's "Notes unon V,v„- • „ that among the Iroquois, when attacked bv! T"/'"^^'"'*' (P- ^48,) fi«ed to fly. or to survive th« 1 . ^ ^ "P'"*"" ^°'*''' '^'^ "^^n re- death like'he lierR^mltr r '"" ""'^^^' ^^ ^'^^^ "raved Further on. (p" hfteT^^^^^^ "" ^^^'^^^ "^ *he Gauls, havmg fal en into he hal j p " "' '''™''' '^^ ^° '"'^'^°' -^«' contra^, the captLtugrt^l^;;;:::; tT r r: ''-■' «° ^^^ by the use of insult and provocation '' '^ ^' ^°"'i'^««>'- t t : S ;. 'I f'VU d ^n I, ,, I 28 DEMOCRACY IN AMERICA. If'' duced no great impression when they landed upon the shores of North America ; their presence engendered nei- ther 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.* 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, f Although we have here traced the character of a prim- itive people, yet it cannot be doubted that another people, more civilized and more advanced in all respects, had pre- ceded it in the same regions. An obscure tradition which prevailed among the Indians on the borders 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, tumuli 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 metal, and destined for purposes unknown to the pres- ent race. The Indians of our time are unable to give any infor- mation 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 * See "Histoire de la Louisiane," by Lepage Dupratz; Charlevoix, «« Histoire de la Nouvelle France " ; " Lettres du Rev. G. Heckeweldor " " Transactions of the American Philosophical Society," Vol. I. ; Jefferson's "Notes on Virginia," pp. 135-190. What is said by Jefferson is of e* pecial weight, on account of the personal merit of the writer, of his peculiar position, and of the matter-of-fact age in which he lived. t See Appendix D. EXTEMOB FOBM OF NOSTH AME8I0A. ^9 WO..M throw/no I^^,— t tt f'"^ doubted feet, however, that in this prrt rf ,1, i / , ™" «a„ds of our fellow-beings once Led W^ ^."^ ""'"■ hither, what was their oririn t J' 7' ^^^ ^^^ '^^ when and how they plr^hX; foTe ertl];' *"' ■''^""^• Jis^Xsrdi'strr;^^™,---^- that the memoir even of thJ "^"^PP?^^^ ^0"^ the earth ^uiuiy even ot their names is eifare^A 1 +i,^' i guages are lost; their glory is vanisLrifv 7 ^'"" out an echo; though perhaps tW "" '"""^ ^'*^- to have formed one ^reTt dirt r 17. ^ ^""'''""^• without possessing it. It iswf ' -' ^"*'»' """"Pied, appropriates the !oU a^d th J JT T;'. '''""' *""»» America Hved b, th'e ^ ^l '^'"^J .^"f cable prejudices, their uncontrolled ptsL ^h "''*" and still more, uerbam ,!,„■ Piissions, their vices, them to inevit^birtrt :: '^^^^7]:''"'^ began from the dav wl,n 17 ^ *^^^® *"bes shfres: it has proctdel t r sr^^r, '^"''^'' ^ *- nessing the completion of it ";™';"<' "« »- "»- wit- to wait tafo^e" :LI Th"„' *'^ ""^ *^" "^-'^ adapted for commeLTdinls'.r'^' 1° "'^'^'-'^ rivers; that inexhaustible vZ^f t^M ? ™' "7 whole continent, in short, seeme[p:ep*:,twr'bL'' of a great nation yet unborn. ^ "'^^ •I I ■ 5 3 i J'j i !M lli m '^ » -^>^!fl:r>^U!■:!mWf^9, 80 DEMOCRACY IN AMERICA. In that land the great experiment was to he made, hy civilized man, of the attempt to construct society upon a new basis ; and it was there, for the first time, that theo- ries hitherto unknown, or deemed impracticable, were to exhibit a spectacle for which the world had not been pre- pared by the history of the past. OBIGIN OP THE ANGLO-AMERICANS. 31 CHAPTER II. Utility of knowing the Oriein of Vo*; wl.« they Mtod. _ iu„ft " ^ ^"'»'' ^«ri«' were .tauh^. _ i„ -Their Socid Cor^r^.-Z.r^Ti^^"-'"^"^!'^- I*gistati«a._KeligioMP„or -BTt,-^™'™* *""» *• Heb,», "' "« sp-* or Sergio, r ^rs^roJ^^-;^-'"^ ^^-o- A™ll,^^J,« H^» -^e^g. his e„„ ,ea„ hood. As he grows JZ ^ °'' ^'^"^ "^ child- jo- He r then s^t S ° fiir;.' "''* ■"'^ ^'"- •magmed that the genn of thTv,- T.^*^ *"<< " « maturer yea« is thenTormed '"'' *' "^^ "^ W» »»» ; we muTt see ZsZL "^* " '^ '»°*«r's world ea.^ „p„„ ^.e da4 r^r^ V"?\ *« «'»™al cun-ences which he witnZT^^ ^°''' "■* «"' <"=- 'vords which awaken fte "Telni ""^' ^"^ *« fi«-' stand by his earhest effort 7 '""'"T "'' ^""ght, and prejudices, the habits and t.Z" • '' ™''««ta''« aristoc^cy, which clings rf^ .^'^J *« >-« of an 't is not by Privileges^one, nor bibr*7rr I"' !"' property handed down from „™. ^ ' """ ''^ ''>"<'«<1 an aristocn«>y is consti^t^.^TCr" ^"^"''°"* *■>■" mense fortunes and extrem» ^> V'l.T ^^ P'^^"' ™- fortunes are ^rrit^Zrul^'r '' """^ '^'^^ ''^'-'' -imply the class of the richldhar„fr ""'°""'°^' ''"' All the British colonies h^ tb. P""""' lilceness at the epoch 711 W ' ^'"" ''"Sree of family their l«gin„i„g,Ce1tTin!dr''"'- '^" °'*^"'' ^"^ of the aristocStic Xrty of tf T' ^^ «^°''"'' "»' that freedom of the Sle 15 k"" "i ™""''^' *"" "' ^^/-.oridbadi-^^rrr-s-itii*: ^^:e*L^:elc:r^^rL-c^^^^^^^^^ ^-^ -^'>. out. Two branches may ZT/ T^'"^ '» ?»'■" Anglo-American family, wh^ehS^,^'' '" *^ ^'^ without entirely comminebW tb •**''"' S"""'" -P other in the North. ^^' "" ""^ '" *« South, the Virginia received the first P„„r i i took possession of it i„ 16OT ^"f ^'l ™'°"/ ^ *« emigrants "nd silver are the som^es of „^t' ,'* *""" "^"^ "^ S"" 'i™esmg„..riyprevaie'::ri:C:;r.\^::r^v--,'^- . has done more to impoverish Z „ "^ <'«'"™''. which adopted it, and has crm„t T' "*''<»" ^''o »ited influence of wTanT w" Ws'" ^Th:""' *^" *^" ^aws. ihe men sent to H ■1!' n^n I ^:|'! >tj 86 DEMOCRACY IN AMERICA. Virginia * were seekers of gold, adventurers without re- sources and without cliaracter, wliose turbulent and rest- less spirit endangered the infant colony,! and rendered its progress uncertain. Artisans and agriculturists arrived afterwards ; and, although they were a more moral and orderly race of men, they were hardly in any respect above the level of the inferior classes in England.:): No lofty views, no spiritual conception, presided over the foundation of these new settlements. The colony was scarcely established when slavery was introduced ;§ this was the capital fact which was to exercise an immense in- fluence on the character, the laws, and the whole future of the South. Slavery, as we shall afterwards show, dis- honors labor ; it introduces idleness into society, and with idleness, ignorance and pride, luxury and distress. It ener- vates the powers of the mind, and benumbs the activity of man. The influence of slavery, united to the English • The charter granted by the crown of England in 1609 stipulated, amongst 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. t 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 in order to save them from an ignominious fate, discharged ser rants, fraudulent bankrupts, debauchees, and others of the same class, peo pie more apt to pillage and destroy than to promote the welfare of the settlement. Seditious leaders easily enticed this band into every kind of extravagance and excess. See for the history of Vii^ginia the following works : — "History of Virginia, from the First Settlements in the Year 1624," by Smith. " History of Virginia," by William Stith. " History of Virginia, from the Earliest Period," by Beverley. I It was not till some time later that a certain number of rich English capitalists came to establish themselves in the colony. § Slavery waa introduced about the year 1620, by a Dutch vessel which landed twenty negroes on the banks of the James River. Sec Chalmers. I '-■mmmti m mnmsi Ji^A OmoiN OK Tim AXGLO-AJIERICANS. 87 to enter into some details. ^^ ^^ ^"°'^^^ In the English colonies of the North rr, known as the States of New Enln.Ti .'i '" ^'"'"""^ ;-«.*«« the whole coLfedeJiZ '%?"*' ""'^ '''*^- their influence beyond it3 limtr .^^ "°^ "^'^'l world. The ciX"rorof 'n ew Z, "l f °'t ^■"^™''" beacon lit upon a hill Ivt /^""' ""^ "««" l*e a wa^th immSteV a;o:„d1: T '^ '" '"*'^^ '"^ horizon with its glow ' ""^' *« <""«»* The foundation of Npw f«^i j and all the circumleera^tST"""-' T*"'^' original. Kearlv all r„ln„- ^ ® , ^"^ ""«»''"• and either V n.e„ Ulr'StitrL^^^, [r^"- ^Xh^h tt t^ Lr r ■^'-"^- ~tS turers greedy ofZ «'" ^ T"'"'"" =•"<" "dven- boast sf honorab eT'ori'rSt'D "• "'^ '="■"'" ^™" by buccaneer, ; and TTj "T^" ^"^ ''"""''ed courts of E„.,i;„d In, i, P"^''"' '•''•>'' "'e •^■•'■■"inal The settfe." who S^ld .7"'^ " "' ^"^'-'■■''■ Now England all be ^d t„ .iL Z'^^^" '^« ^ho- of of their native countrv TI,! " "dependent classes country. Their union on the soU of Amer- »: 'tl:::: *: f-'-r rc"-^^ ■•' *- - - ■'■« «... if • ■'H 'I! .4i [ i : Bi-ijy,- 88 DEMOCRACY IN AMERICA. ica at once presented the singular phenomenon of a society containing neither lords nor common people, and we may almost say, neither rich nor poor. These men possessed, in proportion to their number, a greater mass of intelh- gence thnii is to be found in any European nation of our own time. All, perhaps 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 families; the emigrants of New England brought with them the best element^s of order and morahty ; they landed on the desert coast accompanied by their v/ives and chil- dren. But what especially distinguished them from all others 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 L\eans of subsistence were certain. Nor did they cross the Atlantic to improve their situation or to increase their wealth ; it was a purely intellectual craving, which called them from the comforts of their former homes ; and in facing the inevitable sufferings of exile, their object was the triumph of an idea. The emigrants, or, as they deservedly styled themselves, the Pilgrims, belonged to that Enghsh sect the austerity of whose principles had acquired for them the name of Puritans. Puritanism was not merely a rehgious doctrine, but it corresponded in many points with the most absolute democratic and lepublican theories. It was this tendency which had aroused its most dangerous adversaries. Perse- cuted by the government of the mother country, and dis- gusted by the habits of a society which the ri;^cr of their own principles condemned, the Puritans went forth to seek some rude and unfrequented part of the world, where they could Hve according to their own opinions, and worship God in freedom. OBIOm OF THE ANGLO-AMEMCANS. 8> A few quotations will throw mnro i;„i,. »f tliese pious adventurettlri^ ttl "^°" "" '^^' them. Nathaniel Morton » ITw. ■ 7^ ""^ '"^ "^ of thesetUe.ent,^r;;st^C- ''^ ^"^^ looi.et"ut!tl:'aTtvi^r^ ^"""^ '-^ "^ '- mediate sued" rf^ose tto ha Tl'^^"" *^ ™- rienee of those many mTorattt™,! 1 T '"^ ^^" of God's goodness VirTT! f^'.^'S"^ demonstrations tion in nL eZC' t ^^'" "*■ '^ P'»««- dispensations ofa^rS'^jf-S .^^^ g-ious thereunto, not onlv Mh7 ■ T^ many mducements Sacred sl^L^:"^ ^Z^i^""' \" '"''"'^y ™ *« our fethe. Le told „t (^Ps^^^^rr"' ""' "'"' hide from our children ,l,\j- -. ^ ' ^^' "^^ "^V not the praises o7 S^S Z"^ ^ ^n ^^T"'**'"" »» «"-« ham his servant ^'ft\^r^^. *^ ^^^-^ "^ ^bra- that God 4?e atnet/o-tril^el^^ Zll^ ''^ hathguidtThis Jonl„t i °"'^ '"' •'"* '^» *« he tion, Td pitted £ ^ ;^ ''"''«* '» "» holyhabita- in mpect rf pteSls '° f T""*^ "^ "« -heritance especi% God mlvhTve rt ''I '''•'T'"'^^ ^^ that aa most due • so »r^ ^''''^ "^ ^ ™"' '"'''om it is and the bSi 71 J ""^ *^ ""'" '-'™»e„ts . "S-nning ot this happy enterprise." .i;'s:f;!r^T:r'-""'«°-'-'- • i| i 5 'i [Mi - 1 1 See also Hatch ■A P t 40 DEMOCRACY IN AMERICA. iiiiiili very savor of Gospel antiquity. The sincerity of the author heightens his power of language. In our eyes, as well as in his own, it was not a mere party of adventurers gone forth to seek their fortune beyond seas, but the germ of a great nation wafted by Providence to a predestined shore. The author continues, and thus describes the departure of the first pilgrims : — " So they left that goodly and pleasaiit 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 not 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 doleftJ was the sight of that sad and moumfiil parting, to hear what sighs and sobs and prayers did sound amongst thom ; what tears did gush from every eye, and pithy speeches pierced each * The emigrants were, for the most part, godly Christians from the aorthem [central] part of England, who had quitted their native country be- cause they were " studious of reformation, and entered into covenant to walk with one another according to the primitive pattern of the Word of Grod." They em'Vrated to Holland, and settled in the city of Leyden in 1610, where they abode, being lovingly respected by the Dutch, for many years : they left it in 1620 for several reasons, the last of which was, that their pos* terity would in a few generations become Dutch, and so lose their interest in the English nation ; they being desirous rather to enlarge his Majesty's do minions, and to live under their natural prince. — Trarslalor's Note, OHIGD, OP THE ANGIO-AMEWOANS. 41 other-8 heart, that eundnr of the Dnt.l. * stood on the Key as SDeetafn™ t, ^ 'trangers that But the tide (whict ftT™ C '' "f '^'^ «•»"" *^- that were thus JoTh to S ,1," • T^ "^"^ *''^'» '"''•7. cheek, commended them with ^Sf ' "^'^ ''*'*'7 the Lord and his blessing C C T"' '^'^^^'^ "»«» -d ™ny tea^ ^/^ktet w' re'r/^'T" WW, proved to be Ae last le...Zl:^ fC^^^'' The emigrants were about ISO in ^..^kT • ,^ ' women and the children Thl- u- ^'^' '""'"drng the ony on the sho^^rf Sie ntl 'f "1 *" P'""' » ««'- >- P- emS^titr^ ot ^'f,' ^'l.fr- «-t i- forward, the of Charles 1 d^t C'cXrof ^1*« ^""'^ ™^ to the shores of America iTp f 'f f" «»« eveiy year Puritanism continuedTbet tht ;.!''' f^""^''* "^ was from the middle classes th^/ »'ddle classes ; and it came. The population rfN^Jtln ' "^ *' ^""^'^ and whilst the hierarchv „f ,.^ '*'""^'^'«Pi<^'y.• inhabitantsofthe3cl'S'th3*'^^ ""^^ '^« more and more the novel ~{fTt f ^ "PP"^'"^'i geneous in all its parts H community homo- about the destiny °f^o''L?f "^^ *»>™ "o anxiety of America from le ril rf T^^ " *■•«"» "» *« «oil if New England wa:M^„f ^Z u^o tb 7"^^" " fancy, and the "nrestrained e:cpeA^e„te „f • "^^^ "'' The English colonies r»„^ t^™ "movatore. of their prosperitrhavr?, " ""' "^ *^ ™^ <^''«««' freedom a^d mo epoKM tT' ?°^^'' ""^^ "'^^^J political mdependence than the colonies »ho s;rs: te^r^f^f r.°' r- ""-^ <- '«». «-« -^ ...e founae™ of F.vi Jee TVe/o tl^' ir.r '°°"°"*"' '» '«»»• up a social contract, wUch waa acceded -.7^, u '°"™'' '^ *»'"'"'S HlkiD'. Htaoty, pp. 42 and 4I * " '''' "' "» '■"«■«»« partiea. S« il i'i I 'J I 1 ' M» 44 DEMOCRACY IN AMERICA. of Other nations ; and this principle of liberty was nowhere more extensively applied than in the States of New Eng- land. It was generally allowed at that period, that the territo- ries 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 pos- session towards the end of the sixteenth century. The means used by the Enghsh government to people these new domains were of several kinds : the king sometimes appointed a governor of his own choice, who ruled a por- tion of the New World in the name and under the imme- diate orders of the crown ; * this is the colonial system adopted by the other countries of Europe. Sometimes, grants of certain tracts were made by the crown to an in- dividual or to a company,! in which case all the civil and political power fell into the hands of one or more persons, who, imder the inspection and control of the crown, sold the lands and governed the inhabitants. La^stly, a third system consisted in allowing a certain number of emigrants to form themselves into a political society under the pro- tection of the mother country, and to govern themselves in whatever was not contrary to her laws. This mode of colonization, so favorable to liberty, was adopted only in New England. I • This was the case in the State of New York. t Maryland, the Carolinas, Pennsylvania, and New Jersey were in thi» situation. See Pitkin's History, Vol. I. pp. 11-31. t See the work entitled "Historical Collection of State Papers and other authentic Documents intended as Materials for an History of the United States of America, 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: amongst them are the various charters granted by the king of England, and th« first acts of the local governments. See also the analysis of all these charters given by Mr. Story, Judge of ORlaiN OF THE ANGLO-AMERICANS. 45 colonies of Ne; ES'ti^T" "T "<" 6^™" to the Connecticut, and Khode M^nH + ^"'^f'"^' ^ew Haven, he>p, and almost ^tuf t Iro^L^ ^f "'^ countiy. The n-w ^Pttla.= j-j ^^®^S®' ^t the mother fro. 1 head onh;::::^,i:;H'r .i^^^^^^^^^^ ;iroftftr^r:^L^— ^ ^ne :j;:„f ^:;5f- rights of soveSf'Thev '^ ™ntaually exercised the cMed peace oXfaie^I:""','' *f ""g'^'^'"-. con- enacted Ls, i if t!^„n • ' P""*"" '^S^»tio»«. and \r .I,- '- " '"^ir allegiance was due onlv to fJr.^ + Nothing can be more curious, and at tl.„ . V '* instructive, than the hm,Z'.T fX ^^ """^ "«»^ that the sdution of IT^^, "'^ "i"' Pr"*' '' ^ ""^^ TT„;t«J «♦„. S^' '"C'al problem which th« United States now present to the world is to be found the Supreme Com of the UniteiJ State, in .k. t . j . meatarie, on the (^„,,..«„„ of If UMMstt^Tt^ *° "JV ^''■ doeaments, that the prindples „f rep«av. 1 '""'"^ '''' '^'^ -o;r?;.:r:i'°-=- ..^ .n L so«hXn:;?'i.re:^,r^ -« -- '- «« -»«" * See Pitkin's History, p. 35. Also, the "History of .>,« n , Massachusetts Bay," by Hutchinson, Vol. In 9 ^ ' ^°^°°^ °^ t See Pitkin's History, pp. 42, 47. t The inhabitants of Liassachuset'ts had deviated fW,™ .1, r are preserved in the criminal and civil procedir f jt? . ""' ^"^'^ name of the king was not vet nut at fJlTl. ^^°** ' '" '^^0, the flatchinson. Vol. I p 452 '^ '' ''*' '^"^^^ ^^ j-^'<^e- See ;lii 'I' !• i'il! 46 DEMOCRACY IN AMERICA. Amongst these documents we shall notice, as especially characteristic', the code of laws promulgated by the little state of Connecticut in 1650.* The legislators' of Connecticut! begin with the penal laws, and, strange to say, they borrow their provisions from the text of Holy Writ. "Whosoever shall worship any other God than th»* Lord," says the preamble of the Code, " shall surely be put to death." This is followed by ten or twelve enact- ments of' the same kind, copied verbatim from the books of Exodus, Leviticus, and Deuteronomy. Blasphemy, sor- cery, adultery, J and rape were punished with death ; an outrage offered by a son to his parents was to be expi- ated by the same penalty. The legislation of a rude and half-civiUzed people was thus applied to an enlightened and moral community. The consequence was, that the punish- ment of death was never more frequently prescribed by statute, and never more rarely enforced. § The chief care of the legislators, in this body of penal laws, was the maintenance of orderly conduct and good morals in the community: thus they constantly invaded * Code of 1650, p. 28 (Hartford, 1830). t 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. I 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, of what took place in the year 1663. A naarried 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 nar- rowly escaped capital punishment. § Except in England, up to the beginning of the present century, wher« more than one hundred crimes wera statutably punishable with death, but not more than one out of a hundred convicted persons were actually ex* cuted. — Am. Ed. OWGIN OP Tm ANGLO-AMElilCASS. 47 the domain of conscience «n^ .1, which was not subjec "o t^^f, ^^ """ '"^-^^'y « »» is aware of the rigrwulXw.'' T""*' ^""^ ^"i^' likewise severely repressed T^- """"'' P""™' was inflict either a pecu„w' e^X^^S^ ^ ™P'"-^«d to rage,* on the misdeme»aSr L ;f Tu '^^'"8. "'• "">- old courts of New Hav»n ? , ""* '*'='»* «<' the ^properian^a^::! mt:,!™ f • Tf The Code of 1650 nhn„«^ • ^ "^^seit to be kissed.f punishes icUeness'L^' i"rr'™ '°f°^«- ^' l^eepers we.^ forbidden to S n^l T"'^" * ^""- quantit, of liquor to each colmer L "l T*" whenever it n.y be injurious^ne^Cd .:""'« '^"^• flogging. In other places th» I. ?7f ^^ V a fine or a ting the great princfples rf tr ^ "f' ""^^'^ ^^'S^^ "■•"'-'-"«"-. KISS'S * Code of 1650, p. 43 it „„ judges Mio^d these punishJ^Ctaur ■" '"" """"-"^ •"■ "» several causes equally extraordinary ' '° Hutchinson's Historjr for t Code of 1650, pp. 50 67 „ ^l- , J This was not peouiar 'to ConLt em '" f . " ""''" P" ^• ;^h.eh, on the 13th of September Zt • f'.' '"' '"'**°^' ^^^ ^^^ Massachusetts. (Historical Collect; of gL^p' *'' ^'^^'^P*^^*^ ^°' also the law against the Quakm . P'"' ^"'- ^' P' «38-) Se« bas sprang up," etc. The claies of^hT ?'"' ^^"'''''' '''''^ Q'^^" --« Of Ships Who should iCir r t;:x:ir "'^ " 1: -! ! !i"H Quaki era i^^m&MSsaiiseAamMita 48 DEMOCRACY IN AMERICA. chose to worship God according to a ritual differing from his own.* Sometimes, indeed, the zeal for regulation in- duces 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, f It must not be forgotten that these fantastical and vexatious laws were not imposed by au- thority, but that they were freely voted by all the persons interested in them, and that the manners of the commu- nity were even more austere and puritanical than the laws. In 1649, a solemn association was formed in Boston to check the worldly luxury of long hair. $ These errors are no doubt discreditable to human rea- son ; 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 wliich had been wanned by perse- cution and were still fermenting among the people, a body of poUtical laws is to be found, which, though written two hundred years ago, is still in advance of the liberties of our age. The general principles which are the groundwork of modem constitutions — principles which, in the seven- teenth century, were imperfectly known in Europe, and who may be found there shall be whipt 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 Col- lection of State Papers, Vol. I. p. 630. * By the penal law of Massachusetts [1647] any Catholic priest who should set foot in the colony after having been once driven out of it was liable to capital punishment. [This act had a political rather than an cccle< siastical purpose, and was of a piece with the penal legislation of England at about the same period, and long afterwards, against the Catholics — Am. Ed.] t Codeof 1650, p. 96. I New England's Memorial, p. 316. See Appendix E. OWGIN OF THE AN0L0-A.IEBI0AN3. 49 not completely triumphant even in Great Rri. • all rocogni^Kl and established by theTrl „fT~r" land: the intervention nf fl,. ^ , • "^ ^^^ ^"6- free voting of ^r th, '"°?^,."' P""'" "fS^. *« power. peSonalTbtnytHnTr^ °' "■" ■^"'^ "^ tively esubliahed witliittcl^st'^ ^"'^' "^-^ "" "-- ventured to attempt "'"'" "" ^""P^ ■«" ?«' oHSn.'ortr^hl'Lrr' ei^:f^ -"t\^' '^^ '- % .0 be undemood.. wt^w^e C^ / tSt in"!'' "'^■ zens above the ao-P nf o;^*.. , , »3iaie.f ihe citi- they Wd a ?^:I;ti^^,.r™.-t"^'' '° ''^" ''™- ' officer, and was ttr„7d Tts^Vi^'^ "^^'^'^ "^ »-> ma:.h for the defence of ZZ^'f, '""" '" '^^^ '« In the Ws of Connecticut, aa well as in »II .1. . New England, we find the gem a^d L^ . f '^'^ "^ of that township independenS^SllTfhfli^r;'''"'"* spnng of American liberty at Jhe prl^L'"' ^.e"",":' icai existence of the maioritv rf *r • ^ P"''*" commenced i„ the su": C^^^V^tT °' ^."""P^ gradually and imnerfeotW • °°'^'^' ^'^ ^^ membe/of theZS T„"r::^ '° t^ '"*-'" ooay. m America, on the contrary, * Constitution of 1638, p. 17. § Constitution of 1638, p. 12 i •: I i I .'*.,i.W«&..#aa 50 DEMOCRACY IN AMERICA. it may Le said that the township was organized before the county, tlie county before the State, the State before the Union. In New England, townships were completely and defini- tively constituted as early as 1650. The independence of the township was the nucleus round which the local inter- ests, passions, rights, and duties collected and clung. It gave scope to the activity of a real pohtical life, thoroughly democratic and republican. The colonies still recognized the supremacy of the mother country ; monarchy was still the law of the State ; but the republic was already estab- lished in every township. The towns named their own magistrates of every kind, rated themselves, and levied their own taxes.* In the New England town, 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. In studying the laws which were promulgated at this early 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 towards its members are evidently much loftier and more comprehensive than those of European legislators at that time : obligations were there imposed upon it which it elsewhere slighted. In the States of New England, from the first, the condition of the poor was provided for ; f strict measures were taken for the maintenance of roads, ^nd surveyors were appointed to attend to ther ■ "■ -ocords were estabhshed in every town, in which the rejiults of public dehberations, and the births, deaths, anu iiiamages of the citizens, were entered ;§ clerks were directed to * Code of .650, p. 80. t Ibid., p. 78. f 8sie TT':;-cbinson'8 History, Vol. I. p. 455. } Ibid., p. 49. OKlSm or THE ANOLO-AMEBrcANS. keep those records ; • officers w.™ i ministration of vac^t Zh^ . ^^'^^ ^'"' *« «d- tion of Utigate/Slal T' ""' "'* *" "'"'»• at«i,whose':hieff:„cZ^,:::'th-"/ ;"-™ we. c«. order in the community + tL I '"''™' "'' P""''" sand various details to nnL- . . ™'*'" '""• » Aoo- »ocial want, wh^h ItT ""'' ''"'""^ » -"-<• »f in France. ' '™" "'"' ^T inadequately felt tHa!::':;x:fchi:::^jSc:^"f^^^^^^^^^ -T'Cci.i^;::,iTKd'^^ men from the WW^' 1: ir ^' f *""• '° ''-P *em from the use of tll\!T , ^^'^'^S may not be buried in fbT „ ™'' *»' 'naming church and commonCea'th "ZYr^ •'■'*''^-' '" deavora."! Here foZw i "^ ^'"'"S »« en- of heavy finesfto su^nil '^t^'T'^'^' P™ kind were founded in Z.»l °* °^ » ™Perior I0U3 districts, m mtiZ:r a^r V " *" "<"« '"p- enforce the sending of cm£ ""' ""f ""^ '"'""'J *« they we.^ empowelS t^ ilt"" 1° '°''°°' "^^ '^^'^ P-^^n's ; compliance; L rtj^es "f co r " ?"" "^ "'"' -«««» assmned the place ofT« """^ resistance, society child, and depS I ftthe^Tth ""* ""r '"" "' '"'^ he used to so bad a purple ThT "T"^ "«■"' ^^ich American society^n ICSO t .^'"""^ "''' *« »'»'« of Europe, and mo^e espeeSly ^ Zt If T r*"""" "^ 'Sesame period, we eLnotLlt^:::5r^riS: * Code Of 1650. p. 86. t ThM T Ibid., p. 40. i ma. p. 90. r; M I ! "^iii2^Si!^S^ 52 DEMOCRACY IN AMERICA. ment. On the continent of Europe, at the beginning of the seventeenth century, absolute monarchy had every- where triumphed over the ruins of the oligarchical and feudal liberties of the Middle Ages. Never perhaps were the ideas of right more completely overlooked, 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 mind were reduced to practice by a community so humble, that not a statesman condescended to attend to it; and a system of legislation without a precedent was produced offhand by the natural originaUty of men's imaginations. In the bosom of this obscure democracy, which had as yet brought forth neither generals, nor phi- losophers, nor authors, a man might stand up in the face of a free people, and pronounce with general applause the following fine definition of liberty.* " Concerning liberty, I observe a great mistake in the country about that. There is a twofold liberty, natural (I mean as our nature is now corrupt) and civil or federal. The first is common to man with beasts and other crea- tures. By this, man, as he stands in relation to man simply, hath liberty to do what he lists ; it is a hberty to evil as well as to good. This liberty is incompatible and inconsistent with authority, and cannot endure the least restraint of the most just authority. The exercise and ♦ Mather's " Magnalia Christi Americana," Vol. II. p. 13. This speech was made by Winthrop ; he was accused of having committed arbitrary ac- tions daring his magistracy, but after having made the speech, of which the above is a fragment, he was acquitted by acclamation, and from that time forwards he was always re-elected Governor of the State. See Marshall. Vol. I. p. 166. ORIGIN OF THE ANGLO-AMERICANS, . . - 53 reference to the JZZI u T^ ^° ^ '^'™^<' »<>raJ. m amongst men theltlv^ 1^.7? ™<'/''™'''"«ons, and object of authorUv and I T " *" ^'^i'^^ ^"d Th.s liberty y„„ „e to sLd ^ ^f^;^-* ' »<< honest, of your goods, but of your Ii,I ZLa^^ ""' ""'7 crosseth this, is not autwt V "^ ^- ^a^oever This i^rtyi ^::zf'':!'^z:j''^'-p^^ *--<•• jection to -athority; it i, "f ^f ".» ^ay of sub- whe^with Christ ifa'th mlV ua ^T/ ''"'' "' ''^Y (and this should be con^ta^ Jp"^,'^'''; / ^ ^ ^ellt fctinct elements, which in nZ^T ,*' """''^ "^ '"-o quent hostility, bm whthl a!? J "^^ ''^™ "» *- ineorp„„.ted ^and combtald ir!™' """'^ ''^^° ''■^'"'"'hly liie settlers of IVpw 17« i i -^^oerty. ardent sectarians and da^"!'™' T =" «•« -ne time Kmits of some of their iS"^ "novators. Narrow as the free from ali politic^TreSC ""'""'" ^^' ^^^ -« whien:e~:rSLif ^ti ^"' -' °^-'-' as the laws of the country ^* "'™°«" as well ''P"" of it, „ le i.ser.ed i, .'2 ' . ,^'""*"" «''"*«>P'. ow. I :i ! i| I vin 64 DEMOCRACY IN AMERICA. One would think that men who had sacrificed theii friends, their family, and their native land to a rehgioua conviction would be wholly absorbed in the pursuit of the treasure which they had just purchased at so high a price. And yet we find them seeking with nearly equal zeal for material wealth and moral good, — for well-being and free- dom on earth, and salvation in heaven. They moulded and altered at pleasure all political principles, and all hu- man laws and institutions ; they broke down the barriers of the society in which they were bom ; they disregarded the old principles which had governed the world for ages ; a career without bounds, a field without a horizon, was opened before them: they precipitate themselves into it, and traverse it in every direction. But, having reached the hmits of the poHtical world, they stop of their own accord, and lay aside with awe the use of their most for- midable faculties ; they no longer doubt or innovate ; they abstain fi-om raising even the veil of the sanctuary, and bow with submissive respect before truths which they ad- mit without discussion. Thus, in the moral world, everything is classified, sys- tematized, foreseen, and decided beforehand ; in the politi- cal world, everything is agitated, disputed, and uncertain. In the one is a passive though a voluntary obedience ; in the other, an independence scornfiil of experience, and jealous of all authority. These two tendencies, appar- ently so discrepant, are far from conflictmg ; they advance together, and mutually support each other. Rehgion perceives that civil liberty affords a noble exer- cise to the faculties of man, and that the poHtical world is a field prepared by the Creator for the efforts of mind. Free and powerful in its own sphere, satisfied with the place reserved for it, religion never more surely establishes its empire than when it reigns in the hearts of men unsup- ported by aught beside its native strength. OBIOm OF THE ANGIO-AMEMOANS. divine souT rf i^dai^" "^^ "^.j'' »fi"cr. "nd the safeguard of mor^yZT' ^V "'"*'" '*"«'<'» ^ *« W. an. the ^^r'^^.t TCt:,^^^^-^^ "' condition, theX- n Zt: " '"" ™'*- '^''^ -<=^ grant, nndonbtedlf exCfatd t "'" *' ""' ^'"'- destiny of their new ^tv ^-"'^T ""-"^ »» *!•« not found a state of ZT' . ^^^^^eless, they could selves: no „an can It^r f .h^" ^ "^ '"" *^'"- past; and the settlers !„t™,- n '""uence of the and notions deS^^ fo"^. °°'^ ^ "• ""'' ™"S'^'^ habits of their countr^ ^thT,*t'\^""'''^°» »d *e traditions exclusively th7r !„ To t ' *"/ """°"' "''''='' ^^-^ AmericaJof tieZ;„t^JTrr'' l" '"^ *« ^^g'- tinguish what is »? pS;a"'r:;^:7S7 '" <^- Laws and customs are freonenrttT i, ^ * ""S""- tlni.^. States which Zn^ZtlZJlT^t l" ''' rounds them. T1ipIERICANS. 59 ceived the desire of exercisino. th^ .x. . acquired; its democmtlcTenln ^-thont^. which it had having thrown off ^^e JST Zl' '"^^^^'^ ^' pired to independence ofZelir^^^^ '' ^ individuals gradually ce^ed TnT ^u ?' "'^"^'^^^ ^^ united to prfduce tt s^e rel't' ' "' ^"^*^" ^^^ ^- I ^Z Ifal^anT ^'a ^^^ '''' '' '^-'^y attributed to this law a "Iri^r " 'T"" ^^"^ "«* greater influence on human affairs.* owner. The law of entail ^0?!? nlr'"^ '^' *« ^^^'^ ^^^^ o^ner from disposing of his possLo^ LT V- '"^'^^ P^^^'^*^ ^^^ ^th the vie. of preserving Te? ^ ^^the hL'^Ti; '" ^' ^^ ^''^^'^ therefore, of the law of cntaU, is to tZallt^T^ ' P"""'?*^ ^^^''t, death of its owner : its other p^sioS^^ 1 ,"""' °' ^"'P*'^ '^^ ^b« [We have had one modemTri t D^ T w t "''"^ *' *^« «"^- TocqueviUe in pointing out tTe orod ' ^'^f'^'''''''' ^^o anticipated De cal aflair.,of laws reguLdng the trnurTa"; ."""' "^^^ ^°^^^' ^'^ ?<>"«- nation delivered at Pl7mou!l^'C:r/;: ^^Tw r^"^' ^ ^^« character of the poUtical inst^tution^nf m t ' ^' ^''''*''' «^'*-- "The the fundamental Tws res^^'^^^l^^ ^"^''^^ "" '^^^""-^ ^^ of the right of primogeniture the cS f'/°'^«'^t«d the aboUtion other processes for fettSng and tvin. T "' '°**"^' ^""^ *^«t«. and the alienation of estates Lughriltt '"' ''' "^""^ *^'^ ^- through public registries and the sTmSl of ^ '''"^ ''''"'' '' '''^• acts which "^«/ tl.e future JaLZTZ IfZ ™' '' "°^^^^-' « sequence of aU these causes "hTs^d ^7 f ^'^^'"«''-" " The con- soil and a great equality of ^ondlZ L th"! ^'° ^ ^'' ^"'^^^•«''>° «f the popular government." ' ® ^^'^' ™ost certainly, of a ^^^'^r.t'::^^o:l:i^Z\T'' "°'^" --P-^or^ an equal di- predict that, "if the goverl^^^nt d ' 1^^^^^^ ^' '''''''' ^^'^^-^^ *« a century. wiU change^he "«! tT *'' ''^"' *^« ^^-' ''^ half of the power of the crolL Tome P ^ '''"^ "^" °°* ^ - ^avor against it." ' "" '^™^ ^"^P^an writei. have supposed, but ^'^^C:^nS^i:'Z\^ ^•^^^'"^^^' '''-'' - ^"ed first that of February. 1848 -rE^j' " ' ''" ""^ ""'^^^ ^«^. hy 60 DEMOCRACY IN AMERICA. n 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 they exercise an incredible influence upon the social state of a people, whilst political laws only show what this state already is. They have, moreover, a sure and uniform manner of operating upon society, affecting, as it were, generations yet unborn. 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 la- bor. The machine once put in motion will go on for ages, and advance, as if self-guided, towards a point indicated beforehand. When framed in a particular manner, this law unites, draws together, and vests property and power in a few hands ; it causes an aristocracy, so to speak, to spring out of the ground. If formed on opposite princi- ples, 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, at least, to obstruct it by difficulties and impediments. They vainly seek to counteract its effect by contrary efforts ; but it shatters and reduces to powder every obstacle, until we can no longer see anything but a moving and impalpable cloud of dust, which signals the coming of the Democracy. When the law of inheritance permits, still more when it decrees, the equal division of a father's property amongst all his childi-en, its effects are of two kinds : it is important to distinguish them from each other, although they tend to the same end. In virtue of the law of partible inheritance, the death of every proprietor brings about a kind of revolution in the property ; not only do his possessions change hands, but their very nature is altered, since they are parcelled into shai'es, which become smaller and smaller at each division This is the direct, and as it were the physical, effect of the SOCIAI, CONDITION OF THP .»o.„ " "* THE ANOIO-AMEBICANS. gl 'aw. It follows, then that ;., inheritance is e;tabS, a L "an'"" "'""" '^"^'''^ "^ 'anded property, must cotst ^/S"^ ''"^-P-% smaller and smaller parts TK. «• . '*'""»" '"«■> legislation would only tener J , M > '"'^"^«''' "^ ™«h ■f the law we. abalt'd To'^ s'^f ' \!^P- "^ '-«. I-.ng the family to consist oVolTrit"^' '''"• ™P- a country peopled as France s 2 ''™' ^»"''' ™ above three,) these children sh, '™"^ """"^^ " "»' fortune of both parent w^^I.f ^'"°"^' ""'»' 'he father or mother ' " ""' '"' P'^''^'' than their But the law of phuq] ^; • • .nerely „p„n the p^lty TS IT^'l ''' '""-»- "<>' the heirs, and brin^ S L^"'? ''" " »«'«'='» the minds of -t eonse,uenees"t„T;S;rt^;, ^''"^ '■"«■ large fortunes, and especfallyrf?! °<,*^ .''-'"'"tio- «f Among nations whose law of dJcen.Tf . . the nght of primogeniture, landed ttl^, /"' "P™ generation to generation witW ^ "'" P^^ *<"» the consequence of which rtCf IT?^ '""^'™' - tain deg,^ inc„,p„. jtS t II^ 't!''^ ^, » <=- resents the estate, the estate tLT ," ^ '^■""^ ■*?* together with its oriWn Tl {"""''y- " «'l>ose name, tnes, is thus perpetaC Z ^ ^' "" P''^^'' '"d it. vir^ '■■^P- and-; sC:i^:--P^*"e memorial of law'Tt^nLr r„tt "'r^^'^'^ -^-«^"«> o. f-% and the pr™^:: ^ ^'^1^7 "" ^"""^ property ceases to represent th/f T f ''""^' *e inevitably be divided aC„„e „/r^' '^^' "^ '' """'t evidently a constant tendency to dL •", ^"T"""'' ''' ■"" end be completely dispe^ed ^^ ™ ^^''' ""<• n»>st in the ed proprietir, if^hey Trf few in "" f *^ ^reat land- Wriends them, may indl ! . ."™"'"' "' '^ '■°"™e - wealthy as their father bl not T "'^ '^^ "' ^^"S ' "' ""' of possessing the same .i I l>::i| ijlh 62 DEMOCRACY IN AMERICA. m property that he did ; their riches must be composed of other elements than his. Now, as soon aa you divest the land-owner of that interest in the preservation of his estate which he derives from association, from tradition, and from fomily 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 inter- est than real property, and is more readily available to gratiiy the passions of the moment. 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.* The calculations of gain, therefore, which decide the rich man to sell his domain, will still more powerfully influence him against buying small estates to unite them into a large one. What is called family pride is often founded upon an illusion of self-love. A man wishes to perpetuate and im- mortalize himself, as it were, m his great-grandchildren. Where family pride ceases to act, mdividual 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 his next succeeding generation, and no more. Either a man gives up the idea of perpetuating his family, or at any rate, he seeks to accomplish it by other means than by a landed estate. Thus, not only does the law of partible inheritance ren- der it difficult for families to preserve their ancestral do- mains entire, but it deprives them of the inclination to attempt it, and compels them in some measure to co-operate ♦ I do not mean to say that the email 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. SOCUL COKD,T.ON OF THE .KGtO-.„KH,CAKS. 68 thing., it acta upon pe^" " Z^' ' ^^ ""'"« "P"" affects things. By both T ^ '"""""'^■ng Persons, it striking at the x^of oftnded n "'T' *^ '^" ^''^^^O' '" idly both families .mZ^S"^'''' ""'» ''■V^ing n.p- changes which^^lhrL'^p:^"- •''^ ^.""''^'^ ™<' »-'«' question its influence It ,W ! "', ''"''«'"« "> P<^^> to country. ovenhroX the IK^"' ^ ?"'""•"""' " »- moving the landmarks' ^Ztlt Z ff f ^' ''"•' ^ produced great effects in F™!, T ^""'"g'' i' >»« it to do. Our reXL! ^': """^ ""' '«»'^» ^r powerful obstacles to tpr;^^""""'' '^'^ ''*«' P-ent In the United StatP of the same uniformity. I do not believe tliat therell! countiy m the world where, in proportion to di popl tion, there are so few itmorant anrf of ♦!, Popuia- few learned, individuals Pw" ^' '^"'^ *^"^" «« At fifteen, they enter „pon their calling, and thus tW education generally ends ot n,« i *'' B erauy ends at the age when onra begins.f • This was an exagsenited statement oven when n. t„„ •„ thirty years ago. But -„„, i„ ,he Atlmi^ZZl TocqueTtUe wrote, the Universities and of seientiHe ,1 r, ' ™«'' "" '"""™« »' in proportion to the ^^aon ^'^,7 "'°°'- "^^ "" <"^"' .- w 'devoted ::2sS :ir BoXr '*-' ^"•''°" mechanic ttades, it i. ^, „ fo„^„ ^ bT,.t^™ ""'"'T'^' '° '^ W.o.n.orappr„nti<.hip in En.i.n/r.':^.^^;!^ 1' i' f 1 f j ' ll 66 DEMOCRACY IN AMERICA. Wliatever is done afterwards 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. 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. There is no class, then, in America, in which the taste for intellectual pleasures is transmitted with hereditary for- tune 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. A middling standard is fixed in America for human knowledge. All approach as near to it as thc^ ..an ; some as they rise, others as they descend. Of course, a multi- tude of persons are to be found who entertain the same number of ideas on religion, history, science, pohtical econ- omy, legislation, and government. The gifts of intellect proceed directly from God, and man cannot prevent their unequal distribution. But it is at least a consequence of what we have just said, that although the capacities of men are different, as the Creator intended they should be, Americans find the means of putting them to use are equal. 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 on the course of affairs. a general rule, children of the poorest parents are not compelled to begin hard labor at so early an age in the United States as in Great Britain. Da Tocqueville's statement is confused, because he does not sufficiently indicate which " professions " or " callings " he is speaking of. — Am. Ed. POLITICAL C S-' *4!SffljsStt.*4.4«-S.^t.,, SOCIAL CONDlnON OF THE ANGLO-AMERICAKS. 67 f« 1 1, " -^ ' ^y events, and by leo-islatJnn oo to have become not onlv r.^^^ • r '^gJsiation, as «nd even .,e .H.enee „. ..vM., irl:' ^ - equality i„ poi„, „f fortuneTndt e Z ^ "• ^r" vords, more eqnal i„ their stremrth T • ' °'.''" conntryr of the world J- ''^"S"'' *»" ■" any other pr^serTed the rerelrne'e" "' '^'^ "' ""'='' '''^'-^ »- POLmcAL CONSEQUENCES OP THE anPT„ „ THU .w^.„ SOCIAl CONDITION OF THE ANGLO-AMERICANS. It is impossible to believe tbat eanallf^ « 'ii . wiiere else, lo conceive of men rpninm;»« f ^ upon a single point vet en J ^TT^ ^^^^^^^ unequal sion of his rights, or ri-htrmT I ' T' '" P"''"*- For nations whicliare a^h^^d at'th!^ "^ '° "" °"" existence as the AnglXerf „f itTth"^'/' ^""' Sttt:itt:ff--?s-^ to the other. ""^ "'^ "'"^'^ consequences us There is, in fact, a manly and lawfnl passion for equality i >l -"■ ^.'A^'>'"?SM.U,lllL«l,IIU|l,^VMp|||ii||pp| 68 DEMOCRACY IN AMERICA. which incites 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 eiForts to obtain liberty, and, if they miss their aim, resign themselves to their disappointment ; but nothing can satisfy them without equality, and they would rather perish than lose it. On the other hand, in a state where the citizens are all nearly on an equahty, it becomes difficult for them to pre- serve their independence against the aggressions of power. No one among them being strong enough to engage in the struggle alone with advantage, nothing but a general com- bination can protect their liberty. Now, such a union is not always possible. From the same social position, then, nations may derive one or the other of two great political results ; these re- sults are extremely different from each other, but they both proceed from the same cause. The Anglo-Americans are the first nation 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 ori- gin, their intelligence, and especially by their morals, to establish and maintain the sovereignty of the people. SOVEREIGNTY ;f THE PEOPLE. iS9 >. I CHAPTER IV. THE PBmoPLE OP THK SOVEBEIGNX. OF THE PEOPLE D, AMERICA. W™If !• ""^ "f ^"''^ '''^^ «^ *« Exited States into the gl„„:„ „f the:::;:! J ^ • " " '""'^ ^"^^ """^ " The will of the nation " is one of those phrases whioh liave been most aro-elv abuwrl Iw ti,o -i ^"™^ ™ich of every age. Sot^e CI V. VS:!*^ -f- ""' " pu^ased suff^ges of a few of .herHtTst,'^::^^ oho«, m the votes of a timid or an interested minority a a ome have even discovered it in the silence ofTpeopfe' on the supposit on that the fanf r.f o } • • People, .l.e right to command "f submission established In America, the principle of the soverei-mtv „f .1. e...edb,theWs.itTl^fl;;— — -- L " lij. 70 DEMOCRACY IN AMERICA. impediment at its most remote consequences. If there be a country in the world where the doctrine of the sov- ereignty 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 judged, that country is assuredly Ameiica. I have already observed that, from their origin, the sov- ereignty of the people was the fundamental principle of most of the British colonies in America. It was far, how- ever, from then exercising as much influence on the gov- ernment of society as it now does. Two obstacles — the one external, the other internal — checked its invasive progress. It could not ostensibly disclose itself in the laws of col- onies which were still constrained to obey the mother country ; it was therefore obliged to rule secretly in the provincial assemblies, and especially m the townships. American society at that time was not yet prepared to adopt it with all its consequences. Intelligence in New England, and wealth in 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 keep the exercise of social poAver in the hands of a few. Not all the public functionaries were chosen by popular vote, nor wer? all the citizens voters. The electoral fran- chise was everywhere somewhat restricted, and made de- pendent on a certain qualification, which was very low in the North, and more considerable in the South. The American Revolution broke out, and the doctrine of the sovereignty of the people came out of the townships, and took possession of the State. Every class was enlisted in its cause ; battles were fought and victories obtained for it ; it became the law of laws. A change almost as rapid was effected in the interior of society, where the law of inheritance completed the abo- lition of local influences. mm SOVEKEIGNTY OF THE PEOPLE. 71 beclLe'tr ret?*"' °' *^ '''"^ ^'' "' *^ R-olutio„ became apparent to every eye, victory was irrevocablv nww nounced m favor of the democratic cLe. AUp^wer C ■n ikct, ,„ .ts hands, and resistance was no longerTirbk' Tie higher ordm submitted without a murmra^d wUh out a struggle to an evU which was thenceforTi^' ;^" Tne ordmajy &te of falling powers awaited themT^h if then: members foUowed his own interest; and asTwal impossible to wring the power fi-on, tl,. 1, 7\ whom they did „o1 det^tTmtLLy itate 1^'^ aim was to seem, its good-will at iy price ThTmS democratic laws were consequently voted by the veA men whose mterests fliey impaired: L thusf ^^.^I^h: higher classes did not excite the passions of thT peol agamst their order, they themseIvS accelerated t'eri umph of the new state of thin imi t: TOWNSHIPS AND MUNICIPAL BODIES. 75 come directly from the hand of God But «hl. 1 .u tlieir talents, if not by their hal.if, ' '7'"''' '"'«<' V affairs. Tl.e tow„shi,f In Tl ' '* *''^""'» »'' coarser materi'Z w hrtsTtrVl- ^ir f legislator. Tl>o diffieulty of estabiS 'f T ^? **"= S: :;r:e;t '■f fr ? --« hardly tolerate 7 '^ I 'I'S"^/'""'^^'! community can ment, and thev cannnf a^p ^ !l enterprising govern- unle.; theya^fiaZ^thVeTn:^:: ^T' and supported by public opinion. C„ma th "T .on st;ei'\h:i;rtri;t„ti' ' °t -^ " .I.CSC of the So„,hcm" ,11!. , "f "''■ "^ '•"''''«' '»«> '"""■Wp'. in. .he „a« of c^i^ :':=:* *irr r^"- '^- expressions to render the t^^vL ^ t ^" ^PP'^ ^^''^^ several «n„... ta E^irwoT^TXLJrr T'":'' -"-«■• it denotes the limits over wh.Vh « ,y *^ *« ecclesiastical division, ^^nus, Hghts extend T;^:^;;:^.^--- -^^"^^ - Perhaps ^ 76 DEMOCRACY IN AMERICA. peculiar circumstances, and, above all, time, may consoli« date it ; but there is certainly no nation on the continent of Europe which has experienced its advantages. Yet mu- nicipal institutions constitute the strength of free nations. Town-meetings 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 estab- lish a free government, but without municipal institutions, it cannot have the spirit of hberty. Transient passions, the interests of an hour, or the chance of circumstances, may create the external forms of independence ; but the despotic tendency wliich has been driven into the interior of the social system, will, sooner or later, reappear on the surface. To make the reader understand the general principles on which the political organization of the counties and townships in the United States rests, I have thought it expedient to choose one of the States of New England as an example, to examine in detail the mechanism of its constitution, and then to cast a general glance over the rest of the countiy. The township and the county are not organized in the same manner in every part of the Union ; it is easy to perceive, however, that nearly the same principles have guided the formation of both of them throughout the Union. I am inchned to beheve that these principles have been carried further, and have produced greater results, in New England than elsewhere. Consequently, they stand out there in higher relief, and offer greater fecUities to the observations of a stranger. The township institutions of New England form a com- plete and regular whole ; they are old ; they have the support of the laws, and the still stronger support of the manners of the community, over which they exercise a prodigious influence. For all these reasons, they deserve our special attention. ■ <<»'«'^i* 'i 'Mm0mmim».>>f!ig TOWNSHIPS AND MUNICIPAL BODIES. 7T LIMITS OP THE TOWNSHIP. The township of New England holds a middle place be- tween the commune and the canton of France It, Z> popu ation is fro. two to three thousr^d • si that't not o large, on the one hand, that the interests of its n hahtants would be likely to conflict, and no L S on the other, but that men capable of conductinritTlff - may always be found among its citizens ^ ^ ''^"" POWERS OF the township IX NEW ENGLAND. The People the Source of all Power in th« Tn^ ».• A-Mty „M ■„ ,he Selectmen -HoTLlaTt: ^™*' '^^ " "■» ATfiPfinn. T? *"® oelectmen act. Town Meeting. -Enumeration of the Officers of the Townshin nw . and remunerated Functions. ^o^^iup. — Obhgatorv In the township, as well as everywhere else thp n.n^i are the source of power; but nowhe^doThey ^^^^^^^^^^^ power more immediately. In Amerirp fhJ T! « *!^''™™'='*' *e system of represfntat™ e™^^ tht"^ It '^ magistrates, directs the^ i„ T^^VTZ^^f ''":'''' -0 ordinal execution .«h „™hip. fs^^htf oreMo"^n;:::r t '-"^""^ » 1~ thm 600. -Xh. Eb.] -Aabitols each, ,md «,m. h.« • Th. .«.. „u« .re no. .ppHcb,, „ .1. ,«,, „^ ^^^ ^ ^ 1.1 il i| ■'i' i ;^ 78 DEMOCRACY .'N AMERICA. This state of things is so contrary to our ideas, and so different from our customs, that I must furnish some oxamples to make it intelHgible. The pubhc duties in the townsliip are extremely niimei^ 0U8, and minutely divided, as we shall see farther on ; but most of the administrative power is vested in a few y er- sons, chosen annually, called " the Selectmen." * The general laws of the State impose certain duties on the selectmen, which they may fulfil without the authority of their townsmen, but which they can neglect only on their own responsibility. The State law requires them, for instance, to draw up the list of voters in their townships ; and if tliey omit this duty, they are guilty of a misde- meanor. In all the affairs, however, which are voted in town-meeting, the selectmen carry into effect the popi. lar 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 recognized by the majority. But if they wish to make any change in the existing state of things, or to undertake any new enterprise, they must re- fer to the source of their power. If, for instance, a school is to be established, the selectmen call a meeting of the voters on a certain day, at an appointed place. They explain the urgency of the case ; they make known the means of satisfying it, the probable expense, and the site which seems to be most favorable. The meeting is con- mayor, and a corporation divided into two bodies ; this, however, is an ex- ception wliich requires the sanction of a law. — See the Act of the 22d February, 1822, regulating the powers of the city of Boston. It frequently happens that small towns, as well as cities, are subject to a peculiar adminis- tration. In 1832, 104 townships in the State of New York were governed in this manner. — Williams's Register. * Three selectmen are appointed in the small townships, and nine in the large ones. — See " The Town Officer," p. 186. See also the Revised Stat ates of Massachusetts. TOWNSHIPS AND MUNICIPAL BODIES. here undertake to iud '''' ""' causes by wl.ich tW 1 i T""* ''"°"'" "«' »^"« only dese'^ibe "hen! '^ "" •'^°'"'=^'' -<> '"-"'--ed. I The selectmen are electpfl A.ro»^, of March or April Thit ^ ^'"' '" *' '"™"' same time a lilTtlde o/o ^r "Tffie ""\" ""^ intrusted with important admSstZe tncH^n:'"" T^ ^p;:rrihrs:L^-xr£i « of eanying oT p^^r 'ct^tt''^ ''™™'' appointor to attend to the schooLa'nd n™ ^'"'" "'' and the survivor, f I.^ T ™ P"**''" ""struction ; weights and measures.* ^ ^* * AH these magistrates actually exist • thai. «i-«5. detailed in a book called " The To^ Offi ' k^ "^"'^'""^ "* '^ -ter. 1827,) and in the RevisL s'u^ ' ' '^"'^ ^°'^^°' <^- IH 80 DEMOCRACY IN AMERICA. There are, in all, nineteen principal offices in a township. Every inhabitant is constrained, on the pain of being fined, to undertake these different functions ; which, however, are almost all paid, m order that the poorer citizens may give time to them without loss.* In general, each official act has its price, and the officers are remunerated in proportion to what they have done. imTT"' LIFE IN THE TOWNSHIP. Every one the beat Judge of his own Interest. — Corollary of the Princi- pie of the Sovereignty of the People. — Application of these Doctrines in the Townships of America. — The Township of New England is Sov- ereign in all that concerns itself alone, and Subject to the State in all other Matters. — Duties of the Township to the State. — In France, the Government lends its Agents to the Commune. — In America, it is the reverse. I HAVE already observed, that the principle of the sov- ereignty of the people governs the whole political system of the Anglo-Americans. Every page of this book will afford new applications of the same doctrine. In the na- tions by which the sovereignty of the people is recognized, every individual has an equal share of power, and partici- pates equally in the government of the state. Why, then, does he obey the government, and what are the natural limits of this obedience? Every individual is always sup- posed 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 those who conduct it, or because he is less capable than any other of governing himself; but because he acknowledges the utility of an association with his fellow-men, and he knows that no such associatioK can exist without a regulating force. He is a subject in all • This is an error : most of them are performed gratuitously ; and when pay i» given, it is so small as to be almost nominal. — Am. Ed. ^ TOWNSHIPS AND MUNICIPAL BODIES. 81 that concerns the duties of citizens to each other • he is W and responsible to God alone for all tW ! J ?' Hence a,n,P« th^ • , ' *^^* concerns himseE iudr Jr ™' '^"* "^"^ ^'^^ ^« th« best and sole judge of his own pnvate interest, and that society has no r#t to control a man's actions, unless they are preiul^al ^s hti;",^';^ "^^^^ ^^^ common^eal'dlmtd ms help This doctnne is universally admitted in the I a» now speaHng 'JZZ^^^'^Zl " "^ '^''^ liie township, taken as a whole, and in relation t„ .>,. central government, is only an inM J, lit ^ othe to whom the theoty I have just descriM is appfeabk Mumapal mdependence in the United States is,d a natural consequence of this very princinle of t^ ereignty of the neonle All fi, Y P ."'^'P'^ "* *"« so^- ? •^^ people. All the American republics rec ogn,^ 1 more or less; but circumstances have p«>^X favored its growth m New England peculiarly In this part of the Union, political hfe had its origin i„ the townships; and it may ahnost be said that S o" hem ong,naUy formed an independent nation. WhtTt^e fangs of England afterwards asserted their supremacytht TW "el'T *r^"'''' power Vt^;*S^ iney left the townships where they were before • and although they are now subject to the state, ^ry'wTr^ not at first, or were hardly so. They did not reciv! Aeir powers from the central authority^ but, oTthe cT s^' Ss''™ "P ^ P"""" "' *- "d'ependenc: o I Zr. r^ '" ""P'"^' distinction, and one which the reader must constantly recollect. The township7a^e S^sM f "'^ ""/"^ r °"'^ '" 'hosetferel oth t Thl f r^'-r ""'y "^ ^""""^ to ^' the others. They are mdependent in all that concerns them- eh-es alone ; and amongst the inhabitants of New E^gS I beheve that not a man is to be found who would acCt 82 DEMOCRACY IN AMERICA. affairs. t the state has any right to interfere in their town The towns of New England buy and sell, prose- cute or are indicted, augment or diminish their rates, and no administrative authority ever thinks of offering any opposition. There are certain social duties, however, which they are bound to fulfil. If the State is in need of money, a town cannot 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 ; if a uniform system of public instruction is enacted, every town is bound to establish the schools which the law ordains. When I come to speak of the administra- tion of the laws in the United States, I shall point out how, and by what means, 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 per- formance the township resumes all its independent rights. Thus, taxes are voted by the State, but they are levied and collected by the township ; the establishment of a school is obligatory, but the township builds, pays, and superintends it. In France, the state collector receives the local im- posts ; 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 lends its agents to the government. This fact alone shows how widely the t\vo nations differ. SPIRI How the Tow; — Difficuli and Duties Attachmen Now Engla In Ameri are kept ali^ ship of Ne strongly exc pendence an within that s pendence ale and popuIati( It is to bt generally tur in a conquei to his townsl but because i is a member, aging it. In a fi-equent si every one agr and tranquillil If the munici] dent, it is fear expose the stai dependence, a have no activ the township c tlie warmest « ambitious passi the county ai't * TJiis is a mi TOWNSHIPS AND MUNICIPAI, BODIE& SPIRIT OP THE TOWNSHIPS OB- NEW BNOLA„^. I' J { 83 - Du,. of .,„ A.e^ jr^j* f ™ » ,^7^- - ^-^ Bi,h„ AttachmeDi in the Uniiod Statt, _hZt .^ ~ °™'°"°«^ New Engtad. - I„ happy E^. *■""' •''°"' "^ i° are kept ^,ve and supported, by town spirit. The town M> of New England possesses two advanta^s iT t strongly e.eite the interest of mankind -S; t^t pendence and authority. Its sphere is li^itedXdtk bt within that sphere, its action is unrestrained Tl- , \ expose the state to anarchy Ypt w.M, . ^rrong and the township of NewE;/ . '"''"''"'"' ^'"- ''' *«* Msnip ot JN ew England is so constituted as to exclt, 'he county ai. not elected,* and their authority is ve^ • Th»i.a„,i,«., .b.,.rocho™b,p„p„|„,,„,_^ j,„ 84 DEMOCRACY IN AMERICA. m ': .:i'! ^if limited. Even the State is only a second-rate community whose tranquil and obscure administration offers no induce- ment sufficient to draw men away from the home of their interests into the turmoil of public affairs. The Federal Government confers power and honor on the men who con- duct 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 function- aries of a high class are generally men who have been favored by good luck, or have been distinguished in some other career. Such cannot be the permanent aim of the ambitious. But the township, at the centre of the ordi- nary relations of life, serves as a field for the desire of pubUc esteem, the want of exciting interest, and the taste for au- thority and popularity ; and the passions which commonly embroil society change their character, when they find a vent so near the domestic hearth and the family circle. In the American townships, 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 voters, who are from time to time called into action, the power is divided among innumerable functionaries and officers, who all, in their several spheres, represent the powerful community in whose name they act. The local administration thus affords an unfailing source of profit and interest to a vast number of individuals. 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 per- ceptible ; 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 TOWNSHIPS AND MUNICIPAL BODIES. 86 disturbing i, The American attaches himself to his Uttle 2X.'.5rr —'-'". ■•™--=: The existence of the townships of New Fn„l i • • Seneral, a harniv nr.» Ti. ■ "^ iingland is, m testes Lml 1 t ^ government is suited to their tastes, and chosen by themselves. I„ the midst of the profound peace and general comfort which ™Vn1n aJ ■ca, the commotions of municinal life .T T^ "' conduct of local business™ eTsy Trnn^^r,'' ^"^ of the people has long been cip J ^^S ^t^ U was complete when the people first set foot'^u'orthe li li=tVf::t:in:r-^»^S'-= prevails If tVp 1 t ^^"'"^^ contentment which Drotec'ino- snpll nf , ^"' *^'^ *^^<^ casts the .and formerly govemed'thtmr* e^Xl "but'':f people was always sovereim, in ,h„ 1 , " ' , *''^ ndeisnot only aLncient,!:.t':ii:S: '^"^'^ "^ JutrLinCe::eft"f!r;V' t'-' *- '"^ '---'^ affai:, insures X attachment tr^"-'""'''''^'"" '" "^ -g it a«brds Him secttrir ai:ro;::riL :i:t i^anltr °" ""■* "^'■'■^ fi""- e-rtions. He "i g"\emment in the small sphere within lilc ^«o i he accustoms himself to those fonns'withou whic^ S -n only advance by revolutions; he imbibes ttfr spSl, ) =■ 86 DEMOCRACY IN AMERICA. he acquires a txiste for order, comprehends the balance of powers, and collects clear practical notions on the nature of his duties and the extent of his rights. ■ Sij THE COUNTIES OF NEW ENGLAND. The division of the counties in America has considerable analogy with that of the arrondisaements of France. The limits of both are arbitrarily laid down, and the various districts which they contain have no necessary connection, no common tradition or natural sympathy, no community of existence; their object is simply to facilitate the ad- ministration. The extent of the township was too small to contain a system of judicial institutions ; the county, therefore, is the ! first centre of judicial action. Each county has a court of juutice, a sheriff to execute its decrees, and a i)rison 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 Mas- sachusetts, this authority is vested in the hands of several magistrates, who are appointed by the Governor of the State, with the advice of his council.* The County Com- missioners have only a limited and exceptional authority, which is applicable to certain predetermined cases. The ! State and the townships possess all the power requisite for j ordinary public business. The budget of the county is / only drawn up by its Commissioners, and is voted by the ^ legislature ; there is no assembly which directly or indi- rectly represents the county. It has, therefore, properly speaking, no political existence. A twofold tendency may be discenied in most of the * Tlie council of the Governor is an elective body. [The County Com- missioners are now elected by popular vote. See Revised Statutes. - Am. Ed.] THE ADMIN ^f«^£m«4XjfcWM«K^Mi4»i^^i^«i^*^ ^?^% >-&.v<«&?&iyferf-iv TOTOSHIPS ANU MUNICIPAL BODIES. 87 American constitutions, which impels the lemslatnr t„ cent^te the leg^lative, and to div'ide the e^^v^or The township of New England has in itself an MesCcT "s- tinif:^- - ^trrrr-tP of it has not been felt All ,hl, 1 ^ ^' " ** *"" ut oLen leit. All the townships un ted have U.t one representation, which is the State, , he ce„tl™f I^ lidlvMuS'^.cr: " ""^ "^ ^^ '•«' *»" ^ -'^'"S but THE ADMImSTHATION OP GOVBKNM^^ ,« ^^ ^„^„ AJiDinhtratioD no, pc^ived in America.- Why '-Th. v. Ii»™ ft., Liberty is pre^oted bydepm,wr gZ,f A I '^ ^ the Adminhtrntion confined ,n ,h. -r ,^ Exemse. _ Almos, all either to ,he ToJlUpTaWv it - ZT° "'TH' '"""'^• hap,«.^,h«theAd.iLt.tion:;';he s'^LtTnl™ -wTotlJ" powered to enforce the Obedience of f),« t /"''™- — ^^o is em- .ho Law.-The Inm.dueaofZdS^^^^.'n^^^rA?^'^""^^ '" - Conae,„en« of the Extension of .he eZ^ P„t\1 r^lr fonance. _ The Jnsdce of the Peace m New EnL.l.rd n t^ pointed. - Connlv Officer ■ insim. ,h. ..1 . ~ " "'"'^ »I^ -Court of sJons.-ta Ce tf AcT" wr"'"^"'"^f- before .hie Conrt for A*on I^Riltf T~ ^° '"'"" '*'"" P-W on. ,ile fte otlJL^i^f:" ^1":- '"^*»- conraged iy U,e Divieion of Knee. *""'^"°n«- - Informer, en- NoT„mo is more striking to a European ti^veUer in rt.e United States than the absence of wliat we tern th" Uovemment, or the Administnition. Written lawre^, m America, and one sees the daily execution of them • bu al hough everything move, reguWy, the mover cl nl "here be d^covered. The hand which directs ftHocid machine . mvisible. Nevertheless, as all p:„^ ^, •I 88 DEMOCRACY IN AMERICA. 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 amount of authority, without which they fall into anarchy. This authority may be distributed in several ways, but it must always exist somewhere. There are two methods of duninishing the force of au- thority in a nation. 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 cir- cumstances. To weaken authority in this manner is the European way of establishing freedom. The second manner of diminishing the influence of au- thority does not consist in stripping society of some of its rights, nor in paralyzing its efforts- but in distributing the exercise of its powers among various hands, and in multi- plying ftinctionaries, to each of whom is given the degree of power necessary for him to perform his duty. There may be nations whom this distribution of social powers might lead to anarchy ; but in itself, it is not anarchical. The authority thus divided is, indeed, rendered less irre- sistible and less perilous, but it is not destroyed. The Revolution of the United States was the result of a mature and reflecting preference of freedom, and not of a vague or ill-defined craving for independence. It con- tracted no alliance with the turbulent passions of anarchy ; but its course was marked, on the contrary, by a love of order and law. It was never assumed in the United States, that the citi- zen of a free country has a right to do whatever he pleases; on the contrary, more social obligations were there imposed upon him than anywhere else. No idea was ever enter- tained of attacking the principle or contesting the rights of society ; but the exercise of its authority was divided, TOWNSHIPS AND MUNICIPAL BODIES. 89 shil of Nef r^^ T""""'' *•«" *« "dependent Z;,. the btate, or see that they are exemfp.? * b -j , concL teT, ,T ^'"l' '""' P^'-'Jgate such orde« as we-rp rc"^.^srsrrrirr: waKh and te e.ecuClT; '°™"°'~'' °" "'"'"^ «- "-P The Belectmen draw ud the lUfo «f ^«* * , - . .u»»ce ,„ fte r/hCLr "^"^'"-"■^ -« »"■" -"^^ which "7 01 tne public in case of contagiouu diseases. I il 90 DEMOCRACY IN AMERICA. It results from what we have said, that, in the State of Massachusetts, the administi-ative authority is almost entirely restricted to the township,* and that it is there distributed among a great number of individuals. In the French commune^ there is properly but one official func- tionary, — namely, the Maire ; and in New England, we have seen that there are nineteen. These nineteen func- tionaries do not, in general, depend one upon another. The law carefully prescribes a circle of action to each of theso magistrates ; within that circle, they are all-powerf\il to perform their functions independently of any other au- thority. Above the township, scarcely any trace of a hierarchy of official dignities is to be found. It sometimes happens, that the county officers alter a decision of the townships, or town magistrates;! but, in general, the au- thorities of the county have no right to interfere with the authorities of the township,| except in such matters as concern the county. The magistrates of the township, as well as those of the • I say almost, for there are many incidents in town-life wliich are regu- lated by the justices of peace in their individual capacity, or by an assembly of them in the chief town of the county ; thus, licenses are granted by the justices. t Tims, licenses are granted only .0 such pcreons as can produce a certif- icate of good conduct from the selectmen. If the selectmen refuse to give the certiKcate, the party may appeal to the justices assembled in the Court of Sessions; and they may grant the license. 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 SessiDiis. [In several re- spects, these laws and customs have been altered by general legislation since the time when De Tocqueville wrote. But I do not think it necessary to specify all these alterations, as generally it is not the principle, but only the details, of the law that have been changed. — Am. Ed.] } In Massachusetts the county magistrates arc frequently called upon to investigate the acts of the toAvn magistrates ; but it will be shown farther on that this investigation is a consequence, not of their administrative, but of their judicial power. co\i nty, c cases, to ment.* j by an ag ulations a to keep V the towns) direct thei no point \ ministratio How, th form plan ? tlieir marri enforced ? authority ei the legislate tion ; the la ment prescr tion, and tli defined oblij ries of the the seconda to the law, greatest unif the secondai tion to confo that society ] tion of the L to one of the them in case be required But these tw The right < • Thus, the to report to the Seer TOWNSHirs AND MUNlCirAI. BODIKS. »1 Ty an „^en ' '^' ""T S"™™""^"' " ""t represented oy an agent whose business it is to publish police rerr tot: :"'';"«7- f- *e cxecutiL of ,^tZ to i^eep up a regular communication witi, the officers of te tTet^a? "" """'^' "^ '° ■'"'P-'- '<>- - d„et ,,r„l .. f "'■ '"■ "'r>'m«nd their faults. There i. m°„!:rti:r ' ''''-' ■- - ^™'- '» '■■« ««"' »f *« «a How, then, can the government be conducted on a nni enforced = , IV^^C^XS tlXtre authonty embrace, mo,^ subjects than it does in Cnce t-on, the law descends to minute details; the same enact ment prescr.bes the principle and the method ofrL2a t on, and U„„ imposes a multitude of strict and lor^ s,v r1^"ottt' "tr Th*^ '''"'"''' ''"'"- »"<' ^^^- nes ot the btote. The consequence of this is, that if all he secondary fonctionaries of the administtution c rf„™ to the law, society in all its branches proceeds with tW greatest uniformity. The difficulty remaLXw t„ 1!^^ he secondary bodies and functionaries of he adminX .on ,0 conform to the law. It may be affirmed, in g^S" hat society has only two methods of enforcing the^x^u tion of the laws : a discretionary power mav be t^ Tj to one of them of directing all th'e'otl en, and of e^ll *em m case of disobedience ; or the co.;ts of tX ^V ^ required to inflict judicial penalties on the XZ The rirhr? r*""^ '^^ "" "■"'■^^ availabl *'"• The right of directing a civil officer presupposes that of secretary of the State on the condition of the schools. ' i| i i 02 DI'MOCRACY IN AMERICA. casliiering him if lio does not obey orders, and of reward ing him by promotion if he ftdfils his duties with propriety. But an elected magistrate cannot be casliiered or promot- ed. All elective functions are inalienable until their term expires. In fact, the elected magistrate has nothing to expect or to fear, except 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 command- ing and of enforcing obedience can never be vested in the same person, and because the power of issuing an order can never be joined to that of inflicting a punishment or bestowing a rcAvard. 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 elec- tive functionaries as one concession, and the subjection of the elected 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 fomer than the latter, they accede to the election of the magistrate, and leave him indenendent of the judicial power. Neverthe- less, the second of these measures is the only thing that can possibly counterbalance 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 elec- tive power : if these two institutions do not go hand in hand, the State must fell into anarchy or into servitude. I TOWNSHIPS AND MUNICIPAL BODIES. M It ha, always been remarked that judicial habits do „„, -nder „e„ apt to the exe.ise of adlist:;tiv7autltir ri,e Ameneans have borrowed from their fathers, the 71 lish, the Idea of an institution which is unknown uoon tlfe ™nt of Europe: I allude to that of JusTces':; t The Justice of the Peace is a sort of middle term b^ ween he magistrate and the man of the world, toweet the civil officer and the judge. A justice of the peace i" >veU^formed c ti.en, though he is not necessaririlned .n the law His office simply obliges him to exec" po hce regulations of society, a task in which ^TJZ and integrity are of more avail than legal sciefict TlL ustice — ces inu. the administi-atio^n, when h; J' pa t in I , a cei-tein taste for established forms and pub- ■city, which renders liim a most unserviceable instrument for despotism ; and, on the other hand, he is not a slave of those legal superstitions which render judges unfit members of a government. The Americans liave "adopted the Eng l.sh system of justices of the peace, depriig it of the country. The Governor of Massachusetts appoints a cer- tain number of justices of the peace in every county, whl fiinctions last seven yeai.. He fiirther designa^ th^el mividuals from the whole body of justices, ^o forrn^n each coun y what is called the Court of Sessions.* The jusuces take a personal share in the public administmtion ; they are sometimes intrusted with administrative functions m conjunction with elected officer. , f they sometimr con! rc:it or:tir t^^r *''° '"-^^ °" *^ "™ i n 1 1\ i';*««*5l»«iiiWii«««'**f&*., 94 DEMOCRACY IM AMERICA. ^ fititute a tribunal, before which the magistrates siimniarily 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 most* of the public officers.f It must be observed that, in Massachusetts, the Court of Sessions is at the same time an administrative body, properly so called, and a political tribunal. It has been mentioned that the county is a j purely administrative division. The Court of Sessions / presides over that small nUmber of affairs which, as they ( concern several townships, or all the towns! lips of the ' county in common, cannot be intrusted to ai y one of them in particular. :{: In all that concerns county business, the duties of the Court of Sessions are purely administra- tive ; and if in its procedure it occasionally introduces judi- cial forms, it is only with a vie\\ to its own information,^ or as a guaranty to those for whom it acts. But when the administration of the township is brought before it, it acts ♦ I say most of them, because certain administrative misdemeanors are brought before the ordinary tribunals. If, for instance, a tovmship refuses to make the necessary expenditure for its schools, or to name a school-com- mittee, it is liable to a heavy fine. But this penalty is pronounced by the Supreme Judicial Court or the Court of Common Pleas. t In their individual capacity, the Justices of the Peace take a part in the business of the counties and townships. In general, the most important acts of the town can be performed only with the concurrence of some one of them. I These affairs may be brought under the following heads : — 1. The erec- tion of prisons and courts of justice. 2. The county budget, which is after- wards voted by the State legislature. 3. The distribution of the taxes so voted. 4. Grants of certain patents. 5. The laying down and repairs of the county roads. [Most of these acts are now performed by the County Commissioners. — Am. Ed.] § Thus, when a road is under consideration. »lmost all difficulties are dia- posed of by the aid of the jury. TOWNSHIPS AND MUNICIPAL BODIES. 95 : State. We have 8tate7 tLf ^ ^"^"^ '*™ "*' *« attempts to evade tht prymeTt rf th^. I " '°™^'''P to name its assessor, the Co2 nf -^^ • ""^ ""«'^"'^g a heavy fine. The fineT, I ^ ?""' «°"<'«n'ns it to and the sheriff of Z. . T T '^'' "''*« "h^Wtante ; executes ^fj^, ^°2> J^^^ *^^ f^ " ^''''^'' ernment authoritv anvio,,, t! t *^ ®'"^' S"^" under the forms rf a • T" 7 '' °"' "^^'s'"' '"'''^ i^«'f at the -eTrlttSt X? i^^liTHM''' ^"""T '^ men attribute to the formalihW Uw ' '""''' ""''' Ihese proceedings are easv tn «>ii„ j The demands mad? uBonTfn^ t '"^ *» ""''^'''and. and accumtely define^'^ thev ' P-'^' '" ^'""^^ P>=^ a principle wifh"a;nW " • .'" * ''"P'^ ^*' "' '» cultv berins when i !, ^^ !i"'"u°,''"*"* B"* *« *•«- but-that'of ;?;»;' offi :, thSrtrr' t *'"'"^'">- the reprehensible actions wCh 1 ;:bL''r'''r"'- ^" — - -ducible to the fc^owlg tl 1""^ '='" He may execute the law without fne^^^leal • He may neglect what the law ,«,uiresT ' He may do what the law forbids. f^"-" indiWao... <«™hip. Th,«, by thr««,„„i„7a^r ' ** *° '" S"-™ Mm .g.i« «,, -ompUance ftom the ,o,v„. ' "'° <^°« "f S«MioM «„« i >l 96 DEMOCRACY IN AMERICA. -it ' l\ ]■ 1 ' 1 1 u pensable foundation of an action at law. Thus, if the selectmen omit the legal fonnalities usual at town elections, I they may be fined. But when the officer performs his duty I unskilfully, or obeys the letter of the law without zeal or ' energy, he is out of the reach of judicial interference. The Court of Sessions, even when clothed with administrative powers, is in this case unable to enforce a more satisfactory obedience. The fear of removal is the only check to these quasi-offences, and the Court of Sessions does not origmate the town authorities ; it cannot remove ftinctionaries whom it does not appoint. Moreover, a perpetual supervision would be necessary to convict the officer of negligence or lukewarmness. Now the Court of Sessions sits but twice a year, and then only judges such offences as are brought to its notice. The only security for that active and enhght- ened obedience, which a court of justice cannot enforce upon pubhc functionaries, lies in the arbitrary removal of them from office. In France, this final security is exer- ^cised by the heads of the administration ; in America, it is obtamed through the principle of election. Thus, to recapitulate in a few words what I have de- scribed : — • ^ ^ If a pubHc officer in New England commits a crime in the exercise of his fiinctions, the ordinary courts of justice are always called upon to punish him. If he commits a fault in his administrative capacity, a purely administrative tribunal is empowered to punish him ; and, if the affair is important or urgent, the judge does what the functionary should have done.* Lastly, if the same individual is guilty of one of those intangible offences which human justice can neither define nor appreciate, he annually appears before a tribunal from ♦ If, for instance, a townflhip 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. TOWNSHIPS AND MUNICIPAL BODIES. 97 wWch there is no appeal, which can at once reduce him to m^gnific^ce, and deprive him of hi, charge. This system undonhtedly possesses great advantages, hut its execution .s attended with a practical difficulty, which it is important to pomt out. *^ whih*™ ^^'dy observed, that the administrative tribunal,; which IS called the Court of Sessions, has no right of in' spection over the town officers. It can only interfere when ' the conduct of a magistrate is speciaUy brought under its notice; and tins is the delicate part of the fystem. The " Amencans of New England have no public prosecutor for the Court of Sessions,* and it may readUy be perceived that It wou^d be difficult .0 create one. If an'accuZ. i^gistrate had merely been appointed in the chief town of each county and 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 his agents in each township would have been to centre in his peLn the most formidable of powers, that of a judicial administration. Moreover, laws are the children of habit, and nothing of the kind exists m the legislation of England. The Amer- .cans have, therefore, divided the offices of inspection andl complaint, as well as aU the otlier functions of the adminis-^ tiation Grand-jurors are bomid by the law to apprise the\ court to which they belong of all the misdemeano^ which ^ may have been committed in their county.f There are the State; I but, more frequently, the task of pimishincr • I «.jr ti.6 Coart of SeMioni, bscM.. i„ «,„„„„ courts there i. „ „ffl Ttllt^" '""™^' '"■° •-'^- -- °' '- <^cti;^T.::"' t If, for i,«tanco, ,h. trcurer of the county hold. b«k hi, .coouu... V)8 DEMOCRACY IN AMERICA. delinquents devolves upon the fiscal officer, whose prov- ince it is to receive the fine: thus, the treasurer of the township is charged with the prosecution of such adminis- trative offences as fall under his notice. But a more espe- cial appeal is made by American legislation to the private interest of each citizen ; * and this great principle is con- stantly 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 Uttle on personal interest for the execution of the laws. When an individual is really and sensibly injured by an administrative abuse, his personal interest is a guaranty that he will prosecute. But if a legal formality be re- quired, 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 may fall into disuse. Reduced by their system to this extremity, the Americans are obliged to encourage informers by be- stowing on them a portion of the penalty in certain cases ; f and they thus insure the execution of the laws by the dan- gerous expedient of degrading the morals of the people. * Thus, to take one example out of a thousand, if a private individual breaks his carriage, or is wounded, in consequence of the badness of a road, he can sue the township or the county for damages at the sessions. t In cases of invasion or insurrection, if the town officers neglect to fur- nish the necessary stores and ammunition for the militia, the township may be condemned to a fine of from 200 to 500 dollars. It may readily be im< agined that, in such a case, it might happen that no one would care to pros- ecute; hence the law adds, that any citizen may enter a complaint for offences of this kind, and that half the fine shall belong to the prosecutor. See Act of 6th March, 1810. The same clause is frequently to be met with in the Laws of Massachusetts. Not only are private individuals thus incited to prosecute the 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, if convicted, he receives half the penalty for himself. " 41 TOWNSHIPS AND MUNICIPAL BODIES. 99 OBNBKAL KEM.BK3 ON THE AD„,s,„«,„o» „ »> ONITED STATES. DilteDces of .he Sbm „f «,» Union ta their Svstems of ^. • • • AcBvity .„d Perfeoion of Ae Town Ana,ori« / AdnunMtadon. _ So«.h. Power of «,e M.gi»«^„t^ri ^r^rvT'l' "^ »he8._Admini8tmtion pimes ftom thTr'' ".' °' ""^ Voter dimln- S.«e.of New York: Ol^o: PeoMvl™! T ''m ""= ''"""^ - tion .pplicble .0 the whole UninTLj T^'"""'^""''-^"'™- Menabili.^ of tf,ei, Punetio^ 1 Ata^tt^V?"* «««». -<• ...Eduction Of Jnaicie, Pr^dn. ^Z I'dS^r ""*- " detail, I shouIdZ'^M Z"l^^^^"^'™<' " Uraoii. TownshiBs anftn^ *^ remainder of the State; but ^^oZt t:: ^^^H'^Z "'' " ^^"^ ^ ^ met with p^eisel, L,af tl'^o^ '^C ^^^^^P, Wer nujmC^T •IhrL'^-T'- '' -- ^ ercises a less immediate inflaence on ^4 ?"P"''"'°" "^- ' are less frequent, and the IZ J"f d^^^t: r™-""'"8s The power of the elected m^trnte t '' ""T"""' that of the voter diminished Th^^v ^^'''*^' »Ponthe same principle; namely, that Liy one is the best judge of what concerns himself alone, ^d the I most proper person to supply his own wants. The town- ,' ship and tiie county are therefore bomid to take care of Itr n .'""'■''i' *' ®'*'" S"™™'- but does not execute the laws. Exceptions to this principle may be met with, but not a contrary principle. The first consequence of this doctrine has been to cause all the magistrates to be chosen either by the inhabitants, 01 at least from among them. As the officers are everyl where dected or appointed for a certain period, it has beTn mpos.ble to establish the rules of a hieLch; of autho " tie , there ^ dmost as many independent functionaries as dicre are functions, and the executive power is dissem- mated in a mutetude of hands. Hence arose the necessity adi^^^T* /T™' "^ ""' '"^ °f J"''!''^ °™' the administration, and the system of pecuniaiy penalties, by •':&tM^mifm^i)imMmM:mf:ii 102 DEMOCRACY IN AMERICA. which the secondary bodies and their representatives are constrained to obey the laws. This system obtains fiom one end of the Union to the other. The power of pun- ishing administrative misconduct, or of performing, in urgent cases, administrative acts, 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 ad- ministration of the townships and the counties,* either as public officers, or as the judges of public misdemeanors ; but in most of the. States, the more important public offences come under the cognizance of the ordinary tri- bunals. Thus, the election of public officers, or the inalienability of their functions, the absence of a gradation of powers, and the introduction of judicial action over the secondary branches of the administration, are the principal and uni- versal 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 centralized 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 or control over the secondary bodies.f At other times, they constitute a sort » In some of the Southern States, the county courts are charged with all the detail of the administration. See the Statutes of the State of Tennessee, Art. Judiciary, Taxes, &c. t For instance, the direction of public instruction is centralized in the hands of the government. The legislature names the members of the Uni- versity, who are denominated Regents ; the Governor and Lieutenant-Gov- emor of the State are necessarily of the numl)er. The Regents of the University annually visit the colleges and academics, and make their report to the legislature. Their superintendence is not inefficient, for several rea- •ona : the Colleges, in order to become corporations, stand in need of a char TOWNSHIPS AND MUNICIPAL BODIES. 103 of court Of appeal for the decision of affairs.* In the State of New York, judicial penalties are less used than in other places as a means of administration ; and the right of prosecuting the offences of public officers is vested in fewer hands f The same tendency is faintly observable m some other States ; J but, in general, the prominent feature of the admmistration in the United States is its excessive decentralization. tor. which is only granted on the recommendation of the Regents: every anri?p "".f '^ *'' ^""'^ ''' *'« encouragement of learning' sTo!l ^^^,r,'^ *« ^«*^''°*o'^ of this money. The sehool-commi!! s«,ne™ are obhged to send an annual report to the general Superintendent of the Schools A snnilar report is annually made to the same person on the number and condition of the poor. • If any one conmves himself to bo wronged by the school-commission- ers (who are town officers), he can appeal to the Superintendent of the Pri- mary Schools, whose decision is final. Provisions similar to those above cited are to be met with from time to t.me m the laws of the State of New York; but. in general, these a^pS at cen^uatjon are feeble and unproductive. The great a^horities of th^ State have the nght of watching and controlUng the subordinate agents, . without that of rewarding or punishing them. The same individual ZT^ZT^ *" ^"' '° °'^''' "^' *" P""'^'> disobedience; he has, ther«. ;«,n .? c *'!''"'°"'^''^' ^*^««* the means of exacting compliant In 1830, the Superintendent of Schools, in his annual report to the legt ature, comphuned that several school-commissioners had neglected, notwfth- TaddL^bT^^"' '." '"™^' ''" ^'"^ *^« accounts which Ue due. He added that, ,f th,s omission continued, he should be obliged to prosecute them, as the law directs, before the proper tribunals, of M?In*''' "^'f ^■'^T'^ '' ^^«*ed to recover aU fines below the sum l^Ll ' * ""'* '" '"° ''''""'^ '^'-'^^ ^o -other J Several traces of centralization maybe discovered in Massachusetts- for mstance. the committees of the town schools are directed to mTe an' aimual report to the Secretary of State. \J I U mmi><^^smms^mmmmmM»m^, 104 DEMOCRACY IN AMERICA. OF THE STATE. I HAVE described the townships and the administration it now remains for me to speak of the State and the gov- ernment. This ui gromr - may pass over rapidly, without fear of being iuisundcrj,i. od ; for all I have to say is to be found in the various written constitutions, copies of which are easily to be procured. These constitutions rest upon a simple and rational theory; most of their forms have been adopted by all constitutionuJ iiatiOns, and are become familiar to us. Here, then, I have only to give a brief account ; I shall endeavor afterwards to pass judgment upon what I now desciibe. LEGISLATIVE POWER OF THE STATE. Division of the Le^slative Body into two Houses. — Senate. — House of Representatives. — Different Functions of these two Bodies. The legislative power of the State is vested '\n two assemblies, the first of which generally bears the name of the Senate. The Senate is commonly a legislative body ; but it some- times becomes an executive and judicial one. It takes part in the government in £3veral ways, according to the con- stitution of the different States ; * but it is in the nomina- tion of pubHc 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.f The number of its mem- bers is always small. The other branch of the legislature, which is usually • In Massachusetts, the Senate is not invested with any administrative fonctionB. t As in the State of New York. I 4:! THE STATE. 105 than that ofthe Hou,? '/p °'™ ''' " general, longer seldom remain in ^ , "'"r"""'""'- ^he latter usnaUy s~„X*;;eL"'^' *"" ' ''-' '"^ 'o™- f«r'^evfr:S'vera!l';r'"°" *' ^^'^^^ "^"-'"^ «•— care to pre^^'i^ th^ ITrt 'r''™' *« '"^ '"t- and the other dTm«ll f ^ ^'«;''™' . ""^ ™^tocratic .e m .e on a =.%o^ orrhStrVe'lrer^e;^ . « . '"oeiaer with the creation of a trihnn^l „f appeal for the revision of the laws. '^ the division of he legislal^ le"" m "JL^oIIS greatest necessity. PennsylvLia was the 0^0^ of the nllfT^u'' ■" «-' ""^"P'ed to estab'Iish a nSe nert away by the losical consequences of the principle of ^m ^^ww .itwmmmmmimsmKm 106 DEMOCRACY IN AMERICA. 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 tinith. This theory, nearly unknown to the republics of antiquity, — first introduced into the world almost by accident, Uke so many other great truths, and misunderstood by several modem nations, — is at length become an axiom in the political science of the present age. THE EXECUTIVE POWER OP THE STATE. Office of Governor in an American State.— His Relation to the Legislatore. — His Rights and his Duties. — His Dependence on the People. The executive power of the State is represented by the Governor. It is not by accident that 1 have used this word; the Governor represents this power, although he enjoys but a portion of its rights. The supreme magis- trate, under the title of Governor, is the official moderator and counsellor of the legislature. He is armed with a veto or suspensive power, 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 lart^e.* 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. ♦ Practically speakinjT, it is not always the Governor who executes the plans of the Legislature ; it often happens that the latter, in voting a mons- ure, names special agents to superintend the execution of it. POLITICAL E iuC3 mon THE STATE. 107 of *e r„ ""''""y P»-er of the State i, at the disposal of the Governor. He is the commander of the mUitia and head of the armed force. When the authority wh ch .» by general consent awarded to the laws Js dfe Lrd d the Governor puts himself at the head of the a™lforce of the State, to quell resistance and restore order tionTf tL ,' ^"?™«,'^«« "" ^I'^e in the administra- t.on of the townships and counties, except it be indirectly m the nommafon of Justices of the Pefce, which nomnl tion he has not the power to cancel.* The Governor is an elected magistrate, and is Generally chosen for one or two yea« only; so that he alwCeon^ tmues .^ stnctly dependent upon the majority HZ rOUnCAL EFFECTS OP DECBNTRAmED ADMIK.STRAT.ON D. THE UNITED STATES. ™on.-Ato,«,..«t-* Advanuges of Om Order of Thinfi. -The becouM nore DemocraUe. - Em»„ „f ^j,. Lond.tion Centralizatioj, is a word in general and daily use without «my precise meaning being Attached to it. W theles,, there exist two distinct kinds of central^t^ which ,t » necessary to discriminate with accural U ' I*' 108 DEMOCRACY IN AMERICA. Certain interests are common to all parts of a nation, such as the enactment of its general laws, and the main- tenance of its foreign relations. Other interests are pe- culiar to certain parts of the nation ; such, for instance, as the business of the several townships. "When the power which directs the former or general interests is concen- trated in one place or in the same persons, it constitutes a centralized government. To concentrate in like manner into one place the direction of the latter or local interests, constitutes what may be termed a centrsJizeJ adminis- tration. Upon some points, these two kinds of centrahzation co- incide ; but by classifying the objects which fall more par- ticularly within the province of each, they may easily be distinguished. / It is evident that a centralized government acquires » immense power when united to centralized administration. 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 this union of power sub- due them compulsorily, but it affects their ordinary habits ; it isolates them, and then influences each separately. These two kinds of centralization mutually assist and attract each other ; but they must not be supposed to be inseparable. It is impossible to imagine a more completely centralized government than that which existed in France under Louis XIV.; when the same individual was the author and the interpreter of the laws, and the representa- tive of France at home and abroad, he was justified in asserting that he constituted the state. Nevertheless, the administration was much less centralized under Louis XIV. than it is at the present day. In England, the centralization of the government is carried to great perfection; the state has the compact THE STATE. 109 ngor of one man, and its wiU puts immense masses in motion, and turns its whole power where it pleases. But England, which has done so great things for the last fifty ye^s, has never centralized its administration. Indeed I cannot conceive that a nation can live and prosper without 1 a powerful centralization of government. But I am of ' opmioii that a centralized administration is fit only to ener-f vate tlie nations in which it exists, by incessantly dimin-l ishmg their local spirit. Although such an administration can bnng together at a given moment, on a given point, aU the disposable resources of a people, it injures the re- newal of those resources. It may insure a victory in the hour of strife, but it gradually relaxes the sinews of strength. It may help admirably the transient greatness of a man, but not the durable prosperity of a nation Observe, that whenever it is said that a state cannot act because it is not centralized, it is the centralization of the government which is spoken of. It is frequently asserted, and we assent to the proposition, that the German empire has never been able to bring all its powers into action. But the reason was, that the state was never able to en- force obedience to its general laws; the several members of that great body always claimed the right, or found the means, of refusing then- co-operation to the representatives of the common authority, even in the affairs which con- cerned the mass of the people; in other words, there was no centrahzation of government. The same remark is applicable to the Middle Ages ; the cause of all the mis- eries of feudal society was, that the control, not only of administration, but of government, was divided amongst a thousand hands, and broken up in a thousand difibrent ways. The want of a centralized government prevented the nations of Europe from advancing with energy in any straightforward course. ^ We have shown that, in the United States, there is no ■I ■• ■ IS mkMM»iimi&Mm^>!A< 110 DEMOCRACY IN AMERICA. centralized administration, and no hierarchy of pubhc func- tionaries. Local authority has been carried farther than any European nation could endure without great incon- venience, and it has even produced some disadvantageous consequences in America. But in the United States, the centralization of the government ^'s perfect ; and it would be easy to prove that the national power is more concen- trated there than it has ever been in the old nations 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 assembhes in districts or counties have not, in general, been multiphed, lest they should be tempted to leave their administrative duties and interfere with the government. In America, the legisla- ture of each State is supreme; nothing can impede its authority, — neither privileges, nor local imnmnities, 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 with it, and under its immediate control, is the representative of the executive power, whose duty it is to constrain the refractory to sub- mit by superior force. The only symptom of weakness Hes in certain details of the action of the government. The American republics have no standing armies to in- timidate 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 citi- zens. Thus, for instance, in New England, the town assessor fixes the rate of taxes ; the town collector receives them ; the town treasurer transmits the amount to the pub- hc treasiiry ; and the disputes which may arise are brought before the ordinary courts of justice. This method of col- lectins taxes is slow as well as inconvenient, and it would -4W><|«»MwdiMBei^^. THE STATE. Ill prove a perpetual hindrance to a government whose peeu n«U7 demands were large. It UdesiraUe that, r what be served by officers of its own, appointed by itself re- movable at. ts pWe. and accustomed to rajJd m L^ of proceedmg. But it will always be easy for the dt™^ government, organized as it is i„ Ameriia, to im oduTe h.Tl^^"^ "^ ^ centralized government will not, then as has often been asserted, prove the destruction of thTr^ pubhcs of the New World; far from the American go^ nereatler that they are too much so. The leeislative bod.es d^uly encroach upon the authority of th g le™ tTon 1,7 *'"''"'=^' "'^^ *"' »f *^ ^--h Conve" t.on, .s to appropriate it entirely to themselves. The social power thus centralized is constantly changin. hid because .t .s subordinate to the power of thrpeVe It' often forgets the maxims of wisdom and foresight n the consc.ousness of its strength. Hence arises its Zl Its v.gor and not .ts impotence, wiU probably be the ca^^e of .ts ulbmate destruction. "le cause The system of decentralized administration produce, eve..l d.ffere„t effects in America. The Americiis 'em to me to have outstepped the limits of sound policy to mlatm, the administration of the government: for orde" tance. As the State has no administrative ftinctioniies • The authority which represents the State outhi nof r .i.- i ii'linimillilriiiirilii II 'r' 1 1 mill MieSsiis^iSyii^lii^iiaiittM--,-- 112 DEMOCRACY IN AMERICA- of its own, stationed on different points of its territory, to whom it can give a common impulse, the consequence is, that it rarely attempts to issue any general police regula- tions. The want of these regulations is severely felt, and is frequently observed by Europeans. The appearance of disorder which prevails on the surface leads him at first to imagine that society is in a state of anarchy : nor does he perceive his mistake till he has gone deeper into the sub- ject. Certain undertakings are of importance to the whole State ; but they cannot be put in execution, because there is no State administration to direct them. Abandoned to the exertions of the towns or counties, under the care of elected and temporary agents, they lead to no result, or at least to no durable benefit. The partisans of centralization in Europe are wont to maintain that the government can administer the affairs of each locality better than the citizens could do it for them- selves : this may be true, when the central power is en- lightened, and the local authorities are ignorant ; when it is alert, and they are slow ; v/hen it is accustomed to act, and they to obey. Indeed, it is evident that this double tendency must augment with the increase of centralization, and that the readiness of the one and the incapacity of the others must become more and more prominent. But I deny that it is so, when the people are as enhghtened, as awake to their interests, and as accustomed to reflect on township 1 Nothing of the kind, however, exists in America : there is noth- ing above the county courts, wliich have, as it were, only an incidental cog- nizance of the administrative offences they ouglit to repress. [Mr. Spencer properly remarks, that "tuch an agent as the author here Buggesis would soon come to be considered a public informer, the most odi- ous of all characters in the United States ; and he would lose all efficiency and strength." Whereas, a^ it is, the constant presence of the district attor- ney, and the meeting of a grand jury three or four times a year in every county, to whom every aggrieved person has free access, are sufficient pre- cautions against the misconduct or neglect of the local officers. — Am. Ed.} i!i»»i:-,s;, , ^3»Bli»*^,!BSS^»w;;J«i«sJk■MS»M■W^ THE STATE. 113 them, a^ the Americans are. I am persuaded, on the con- traiy, that, m this case, the coUective strength of the citi- zens wiU always conduce more efficaciously to the public welfare than the authority of the government. I know it IS difficult to point out with certainty the means of arous- ing a sleeping population, and of giving it passions and knowledge which it does not possess ; it is, I am well aware, mi arduous task to persuade men to busy themselves about theu- own affairs. It would frequently be easier to interest them in the punctiHos of court etiquette, than in the repairs of their common dwelHng. But whenever a central adminislxation affects completely to supersede the persons most interested, I beheve that it is either misled, or desu-ous to mislead. However enlightened and skilful a ^ central power may be, it cannot of itself embrace aU the ( details of the life of a great nation. Such vigilance ex- ^ ceeds the powers of man. And when it attempts unaided to create and set in motion so many compUcated springs, it must submit to a verj imperfect result, or exhaust itself in bootless effiarts. Centralization easily succeeds, indeed, in subjecting the external actions of men to a certain uniformity, which we come at last to love for its own sake, independently of the objects to which it is applied, like those devotees who wor- ship the statue, and forget the deity it represents. Cen- trahzation imparts without difficulty an admirable regular- ity to the routine of business ; provides skilfully for the details of the social police ; represses small disorders and petty misdemeanors ; maintains society in a statu quo alfke secure from improvement and decHne ; and perpetuates a drowsy regul irity in the conduct of affairs, which the head, ot the adimmstration are wont to call good order and pab- hc tranquilUty ; ^' m sl.ort, it excels in prevention, but not| * China appears to m« to preaent the inost perfect instance of that spe-' ciee of well-being wliich a highly centralized administration may furnish to 114 DEMOCRACY IN AMERICA. in action.* Its force deserts it, when society is to be pro- foundly mo^ed, or accelerated in its course ; and if once the co-operation of private citizens is necessary to the fiir- therFJice of its measures, the secret of its impotence is dis- closed. Even whilst the centralized power, in its despair, invokes the assistance of the citizens, it says to them: "You shall act just as I please, as much as I please, and in the direction which I please. You are to take charge of the details, without aspiring to guide the system ; you are to work in darkness ; and afterwards you may judge my work by its results." These are not the conditions on which the alliance of the human will is to be obtained ; it must be free in its gait, and responsible for its acts, 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. It is undeniable, that the want of those uniform regular tions 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 civih- zation. Useful undertakings, which cannot succeed with- out perpetual attention and rigorous exactitude, are fre- quently abandoned; for in America, as well as in other countries, the people proceed by sudden impulses and momentary exertions. The European, accustomed to find a functionary always at hand to interfere with all he un- its subjects. Travellers assure us that the Chinese have tranquillity without happiness, industry without improvement, stability without strength^ and public order without public morality. The condition of society there is always tolerable, never excellent. I imagine tliat, when China is opened to European observation, it will be found to contain the most perfect model of a centralized administration which exists in the universe. * This is a lively and faithful description of the system which Dickons has taught us to stigmatize by the name of " red-tape." — Am. Ed. i.>iWWA^«>:f^iJ^^.ti.^«.jU^MM^Ai>^^ 3*^sse^*..t THE STATE. 115 dertakes, reconcaes himself with difficulty to the complex mechanism of the administration of the townships. In general, ,t may be affirmed that the lesser details of the police which render life easy and comfortable, are neglect- ed m America, but that the essential guaranties of man in society are as strong there as elsewhere. In America, the power which conducts the administration is far less regular, ess enlightened, and less skilful, but a hundred-fold greater than m Europe. In no country in the world, do the citi- zens make such exertions for the common weal. I know of no people who have established schools so numerous and efficacious, places of public worship better suited to the wants of the inhabitant, or roads kept in better repair. Umformity or permanence of design, the minute arrange- ment of details,* and the perfection of administrative sys- tem, must not be sought for in the United States : what * A M^ter of talent, who, in a comparison of the finances of France with hose of the United States, has proved that ingenuity cannot always supply IT fi r.^''^' "' '^^^' J"^*'^ ^^''^''^^ *h« ^--ans for he Bort of confosjon which existe in the accounts of the expenditure in the town- Bhips; and after gmng the model of a Departmental Budget in France he adds: "We are indebted to centralization, that admirabfe invention of a great man. for the order and method which prevail alike in all the municipal budgets, from the largest city to the humblest commune." Whatever mav be my admiration of ..is result, when I see the cnmunes of Fran^ witTThe xce lent system of accounts, plunged into the grossest ignorance of thei tnie merest and abandoned to so incorrigible an apathy that thev seem to .getate rather than to live ; when, on the other hand, I observe the activity the mformataon. and the spirit of enterprise in those American townsS whose budgets are neither methodical nor unifonn; I see that societyTet i l^ways at work. I am str«k by the spectacle .- for to my mind, the end of ^od government .s to insure the welfare of a people, and not me;ely to es Jb sh order m the midst of its misery. I am the^foi. led to suppose that he prospenty of the American townships and the apparent con Jon of thel nances, the distress of the French commune and the perfection of h of a good which IS umt.3d with so many evils, and I am not averse to an e.^1 which ,8 compensated by so many benefits. '4 'Mr 116 DEMOCRACY IN AMERICA. we find there is, the presence of a power which, if it is somewhat wild, is at least robust, and an existence check- ered with accidents, indeed, but full of animation and ef- fort. Granting, for an instant, that the villages and counties of the United States would be more usefully governed by a central authority, which they had never seen, than by func- tionaries taken from among them, — admitting, for the sake of argument, that there would be more security in Amer- ica, and the resources of society would be better employed there, if the whole administration centred in a single arm, — still the political advantages which the Americans derive from their decentraUzed system would induce me to prefer it to the contrary plan. It profits me but httle, after all, that a vigilant authority always protects the tranquillity of my pleasures, &nd constantly averts all dangers fi-om my path, without my care or concern, if this same authority is the absolute master of my liberty and my hfe, and if it so monopohzes movement and life, that when it languishes everything languishes around it, that when it sleeps every- thing must sleep, and that when it dies the state itself must perish. There are countries in Europe, where the natives con- sider themselves as a kind of settlers, indifferent to the fate of the spot which they inhabit. The greatest changes are effected there v/ithout their concurrence, and (unless chance may have apprised them of the event) without their knowl- edge ; nay, more, the condition of his village, the police of his street, the repairs of the church or the parsonage, do not concern him ; for he looks upon all these things as un- connected with himself, and as the property of a powerftil stranser whom he calls the government. He has only a life-interest in these possessions, without the spirit of owner- ship or any ideas of improvement. This want of interest in his own affairs goes so far, that if his own safety or that THE STATE. 117 Of his chfldren is at last endangered, instead of ti-vine to avert the peril, he wiU fold hi, arms, and waittill'tl e ^vhole nabon comes to his aid. This man, who hL so completely sacrificed his own fi.e will, does notrmore'ha" any other person, love obedience; he cowers 7s^" s^frofa'''""' °?r' •"" ''« ''^'^^ *« ■- - *le pmt of a conquered foe, as soon as its superior force is ^v,Mn.w„: he perpetually oscillates between'servit„rand When a nation has arrived at this state, it must either change its customs and its laws, or nerish fJ^T of public virtues is dried ud L t^ ? '•/ '"""^'^ subjects, it has no ci&^s Cb ^ •' ""^^ ™"'^" 1 \ •" uo citizens. Such communities are a nnti, ral prey to foreign conquests; and if they do n^ thX disappear from the scene, it is only becau^se they arTsuf rounded by other nations similar or inferior to ZZllZ- patnotism, and an involuntary pride in the name of their country, or a vague reminiscence of its bygone fZ! IfflT to^ve them a« impulse of self.preservat^:„ ' ^^"^ Nor can the prodigious exertions made by certain n»t;n„= to defend a county in which they had lived, o ^sp I as strangers, be adduced in favor of such a ystem • folt wa rehgion. The permanence, the glory, or the prosneritv of fte nation were become parts of Ihei; kith ; ZtT fending then- county, they defended also that Hol^ ct of which they were all citizens. The Turkish tribZ^ ^ never taken an active share in the conducSetrffl™ fX In the „ ^ ^vere triumphs of the Mohammedan "»'™ '^ aepartmg, and despotism only remain, Montesquieu, who attributed to absolute power LIX ■ty peculiar to itself, did it, as I conceive' an ^deTetd ! I 118 DEMOCRACY IN AMERICA. honor ; for despotism, taken by itself, can maintain nothing durable. On close inspection, we shall find that religion, and not fear, has ever been the cause of the long-lived prosperity of an absolute government. Do what you may, there is no true power among men except in the free union of their will ; and patriotism or religion are .he only two motives in the world which can long urge all the people towards the same end. Laws cannot rekindle an extinguished faith; but men may be interested by the laws in the fate of their country. It depends upon the laws to awaken and direct the vague impulse of patriotism, which never abandons the human heart ; and if it be connected with the thoughts, the pas- sions, and the daily habits of life, it may be consohdated into a durable and rational sentiment. Let it not be said that it is too late to make the experiment ; for nations do not grow old as men do, and every fresh generation is a new people ready for the care of the legislator. It is not the administrative, but the political effects of decentralization, 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 its success, to which he conceives himself to have contributed ; and he rejoices in the general prosperity by which he profits. The feeUng he entertains toward the state is analogous to that which unites him to his family, and it is by a kind of selfishness that he interests himself in the welfare of his country. / To the European, a public officer represents a superior force : to an American, he represents a right. In America, then, 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 ; numerous *. »*ai«u.R,.«"iffi«*«ss THE STATE. 119 he unhesitatrnglj 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 pub- lishes his plan offers to execute it, courts the assistance of other individuals a.id struggles manfully against all obsta- cles Undoubtedly he is often less successful than the state might have been in his position; but in the end, the sum ot these p; ate undertakings far exceeds aU that the eov ernment could have done. ^ As the administrative authority is within the reach of ' ^e citizens, whom in some degree it represents, it excites neither their jealousy nor hatred: as its resources are limit- ed every one feels that he must not rely solely on its aid. Thus when the administration thinks fit to act within its own hmits. It IS not abandoned to itself, as in Eurr.e; the duties of pnvate citizens are not supposed to have lapsed because the state has come into action ; but every one is ready, on the contrary, to guide and support it. This action of mdividuals, joined to that of the public authori- les, frequentiy accomplishes what the most energetic cen- trahzed admmistration would be imable to do.* It would be easy to adduce several facts in proof of what I advance, but I had rather give only one, with which tiie authorities have at their disposal for the discov- ery of cnmes and the arrest of criminals are few. A state pohce does not exist, and passports are miknown. The that of France; the magistrates and public agents are not numerous ; they do not always initiate the measures for axrestmg the guilty ; and the examinations of prisoners are rapid and oral. Yet I believe that in no country doe! * See Appeidix I U:\l ^, ^. '*'^> ^z**-, IMAGE EVALUATION TEST TARGET (MT-3) \ I // ^ .^i^ !^ i <5?^/% Z <^ ' 1.0 I.I 1.25 ■ 50 "^ 1^ 1^ ■■" lis IIIIIM 2.5 Muu 1.4 1.6 ^ ^ "w ■cl /^ y //. Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. H580 (716) 872-4503 ^\ iV # iV 120 DEMOCRACY IH AMERICA. crime more rarely elude punislunent. The reason is, that every one conceives himself to be interested in furnishing evidence of the crime, and in seizing the delinquent. During my stay in the United States, I witnessed the spontaneous formation of committees in a county for the pursuit and prosecution of a man who had committed a great crime. In Europe, a criminal is an unhappy man who is struggling for his life against the agents of power, whilst the people are merely a spectator of the conflict : in America, he is looked upon as an enemy of the himaan race, and the whole of mankind is against him. I believe that provincial institutions are useful to all nations, but nowhere do they appear to me to be more necessary than amongst a democratic people. In an aris- tocracy, 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 matter of great interest. In hke manner, an aristocracy protects the people from the excesses of des- potism, because it always possesses an organized power ready to resist a despot. But a democracy without pro- vincial 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 each individual is weak, and where the citizens are not united by any conmion interest? Those who dread 'the hcense of the mob, and those who fear absolute power, ought alike to desire the gradual development of provincial hberties. I am also convinced, that democratic nations are most Ukely to fall beneath the yoke of a centraUzed administrar tion, for several reasons, amongst which is the following. 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, THE STATE. 121 beyond the people nothing is to be perceived but a ma.s of equal individuals. But when the same power already ha. all the attributes of government, it can scarcely Z frain from penetrating into the details of the adminis- t?plf "' T. T °PP"^^^^*y «^ d«i"g «o is sure to present Itself in the long run, as wa. the case in France. In the French Revohition, there were two impulses in opposite directions, which must never be confomided; the one wa. favorable to hberty, the other to despotism. Under the ancient monarchy, the king was the sole author of the aws; and below the power of the sovereign, certain ves- tiges of provmcial mstitutions, half destroyed, were stiU dis- tmguishable. These provincial institutions were incohe- rent, lU arranged, and frequently absurd; in the hands of the aristocracy, they had sometimes been converted into instruments of oppression. The Revolution declared itself he enemy at once of royalty and of provincial institutions; it confomided m mdiscriminate hatred aU that had pre^ ceded It, -despotic power and the checks to its abuses; and Its tendency was at once to republicanize and to cen- tralize. This double character of the French Revolution 's a fact wbch ha. been adroitly handled by the friends of absolute power. Can they be accused of laboring in the cause of despotism, when they are defending that central- ized administration which was one of the great innovations of he Revolution?* In this manner, popularity may be united with hostihty to the rights of the peoplef and'^the secret slave of tyranny may be the professed lover of h'eedom. I have visited the two nations in which the system of provincial hberty has been most perfectly established, and I have hstened to the opinions of different parties in those countnes. In America, I met with men who secretly aspu-ed to destroy the democratic institutions of the Union * See Appendix K. ^'1 1^ !''4 122 DEMOCRACY IN AMERICA. % in England, I found others who openly attacked the aris- tocracy ; but I found no one who did not regard provincial independence as a great good. In both countries, I heard a thousand different causes assigned for the evils of the state ; but the local system was never mentioned amongst them. I heard citizens attribute the power and prosperity of their country to a multitude of reasons ; but they all placed the advantages of local institutions in the foremost rank. Am I to suppose that when men, who are naturally so divided on religious opinions and on poUtical theories, agree on one point, (and that one which they can best judge, as it is one of which they have daily experience,) they are all in error ? The only nations which deny the utility of pro- vincial liberties are those which have fewest of them ; m other words, those only censure the institution who do not know it. JDDICUI, POWEB IN THE UNITED STATES. 123 CHAPTER VI. JroiOIAI. POWEB IN THE DNITED STATES, ANd" ITS INFLU. ENCE ON POimoAI, SOOffiir. I tolll^- W* '\"^''* *^ ■l«™'<'«^Pa«te chapter Aeb-n^! -::?'«, -"^""'"^ °^ *" ^"*«» State,, Lt then- great pohhcal unportance should be lessened h the n»aer s ^es by a B.erely incidental mention of Them Confederation;, have existed in other conntries Se America; I have seen republics elsewhere than upon fa! shores of the New World alone: the .^presentatirsTstfm IrrtT' ''"^" '^-P'^'^ '" "™«^ states ?e: rope but I am not aware that any nation of the elobe united fetates is the mstitution which a strantrpr h«. ,-u » diiBcidty in unde.tanding." He"3 ^. at C'^v^and f 'T'1, " *^ P""''''''^ occurrences" W ^{' " . "*'"™"y '=<'"<='"^« *at, in the United u^^deL^wfrn r '■"''•^^'" I"""'^^ fimctionJ^ nevertheless when he examines the nature of the tribu- nals, t% offer at the first glance nothmg which is con- tn-7 to the usual habits and privUeges ff those ^L i s si"-f-' 1 1 124 DEMOCRACY IN AMERICA. and the magistrates seem to him to interfere in public affairs only by chance, but by a chance which recurs every day. When the Parliament of Paris remonstrated, or refused to register an edict, or when it summoned a functionary accused of malversation to its bar, its pohtical 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 author- ity, and have carefully restricted its action to the ordinary circle of its ftmctions. The first characteristic of judicial power in all nations is the duty of arbitration. But rights must be contested ui order to warrant the interference of a tribunal ; and an action must be brought before the decision of a judge can be had. 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, step- ping beyond it, since he is in some measure obhged to decide upon the law in order to decide the case. But if he pronounces upon a law without proceeding from a case, he clearly steps beyond his sphere, and invades that of the legislative authority. The second characteristic of judicial power is, that it pronounces on special cases, and not upon general princi- ples. 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 conse- quently to annul it, he remains within the ordinary limits of his functions. But if he direcdy attacks a general prin- ciple 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 us( ceases to The t it can or phrase, ij teristic is standing essential. action; it result, y ishes the « ready to r is preparet hunt out ^ A judicial usurp the do violence The An characteris can only p he is conve until the ( His positio magistrates immense pi the sphere the same as a power wl difference li( acknowledg( ions on the M^ords, they may appear I am awj claimed — b ■f. JVDKIAL POWER m THE lOTTED STATES. 125 more usefol influence, than that of the magistrate- but h, ce^ to represent the judicial power. ' The third characteristic of the judicial power is th«t .tcan only act when it is called upon, or whin in'. !^ phr^e, t has taken cogui^ce of an' a^I "t^^ "^hS tenshc .s less gene,^ than ^he other two; uTno^. Ttir^it r , K ?°"'' ^ ^^ "^ "'""'^' ^™id of ishM the crunmalj when a wrong is to be redressed it i. ready to redress it ; when an act'require, l^Ztn « prepared to inteT>ret it ; but it doi not pnrZl^"'u W out wrongs, or examine evidence ofT"wn™ ord' A jud,c«d fonetionaiy who should take the in^MvTId usurp the censureship of the law, w™,u • °*"™' ™'' do violent fn *!,. • ' """ '" *"°« measure aoviolence to the passive nature of ha authority. Ihe Amencans have retained these threa di,.;„„ • i,- charac^ristics of the judicial powerTan Ameri^fif can only pronounce a decision when litigatioThraris^ he « conversant only with special cases, fnd he cinot 2 unfl the cause has been duly brought before hTcl" H« position «, therefore, perfectly shnilar to that of X' magistrates of other nations; and yet he is investd wUl .mmense political power. How comes that aC ? I he sphere of his authority and his means of t" on a^ the same as hose of other judges, whence does he derL a power which they do not possess? The cause „fZ difference lies in the simple fact, that the AmTJcans hfve acknowledged the right of the judges to found Ser ^ons on he Oonetitution rather than%n the Z«„,. l" „t^;" «ords, they have not permitted them to applysuch w7!I may appear to them to be unconstitutional Uaimed-but claimed m vain -by courts of justice in i ' I 126 DEMOCRACY IN AMERICA. other countries ; but in America it is recognized by all th* authorities ; and not a party, not so much as an individual, is found to contest it. This feet can be explained only by the principles of the American constitutions. In France, the constitution is * — or, at least, is supposed to be — im- mutable ; and the received theory is, that no power has the right of changing any part of it. In England, the consti- tution may change continually ; f or rather, 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 consti- tution is not supposed to be immutable, as in France ; nor is it susceptible of modification by the ordinary powers of society, as m England. It constitutes a detached whole, which, as it represents the will 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 pre- determined cases, according to established rules. In Amer- ica, 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. It is easy to perceive how 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 constituent power would in fact be placed in their hands, since they alone would have the right of interpreting a constitution, of which no author- ity could change the terms. 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 unconstitu- tional, the power of changing the constitution is indirectly • See Appendix L. t See Appendix M. JHDICUL POWEB IN THE UNITED STATES. 127 given to the legislative body, since no legal barrier would oppose the alterations which it might preSibT^nr^* • the^ 71 , ''\° "P"'™' (■^'"'^^^ imperfectly) It would be still more unreasonable to invest thp Pn„i- i. judges with the right of resisting the decisTo^ o't hflSs lative body smce the Parliament which mak4 the Ws also md.es the constitution ; and consequently.^ llw eZ natmg fiom the three estates of the reZ ca^ fn nT ^e be unconstitutional. But ni.!fl,», ^f .i. , cable to America. *''" "^^ " W^- In the United States, the constitution govems th^ I«™ ^^ the tribunal H'o^y'Z' .:^,:Z.t1Z erence to any law. This condition belon system, the judicial cfnso^hip of thrcourL' T" ^^ over the legislature cannot «Ld to all awt ink"^^ nat^ly, inasmuch as some of them can nevrgi^e rf^^; Aat precise species of contest which is termed? aw mV nd even when such a contest is possible, it may Z™ ' conrf. of justice, of pronouncing a statute to be„" I 1 ' r *3k t ' »4i 1 ■*1lli ■•■"^""■^ ■'■" If^ :|ll*' 130 DEMOCRACY IN AMERICA. tutional, forms one of the most powerful barriers which has ever been devised against the tyranny of political as- nemblies. OTHER POWERS GRANTED TO AMERICAN JUDGES. In the United States, all the Citizens have the Eight of indicting the Puhllc Functionaries before the ordinary Tribunals. — How they use this Right — Art. 75 of the French Constitution of the Year Vlll. — The Ameri- cans and the English cannot understand the Purport of this Article. It is hardly necessary to say that, in a free country like America, all the citizens have the right of indicting public functionaries before the ordinary tribunals, and that all the judges have the power of convicting public officers. The right granted to the courts of justice of panishing the agents of the executive government, when they violate the laws, is so natural a one, that it cannot be looked upon as an extraordinary privilege. Nor do the springs of govern- ment appear to me to be weakened in the United States, by rendering all public officers responsible to the tribunals. 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 made these authorities more careful not to offend. I was struck by the small number of pohtical trials which occur in the United States ; but I had no difficulty in accounting for this circumstance. A prosecution, of whatever nature it 'may be, is always a difficult and expensive undertaking. It is easy to attack a public man in the journals, but the motives for bringing him before the tribunals must be serious. A solid ground of complaint must exist, before any one thinks of prosecut- ing a public officer, and these officers are careful not to furnish such grounds of complaint, when they are afraid of being prosecuted. This I ican ins These t principal dence. tions, wl that Jibe: procedur( In the jfFenders, few who ' l)er of cr: .justice is cious. T nnd oppre lessening t In tJie y was drawi duced: "i the rank oi to their se\ Council of place befon the " Const in spite of t found a diff or America! at once pei bein or a grcfB ilom, it was before it as that the Co common sen composed of king, afler 1 •'lUICIAL POWER nj THE UNITED STATES. 131 These two nation, do „™:„dL''°r", " '^"'"'""''• principal office, of suto ^^^Zu^"' f "'" 'lencc. I,„t they hold that it i,"'^!' t" '"''''Po- tions, wliieh tlie humblest ei.;,.n . ^ "^ f"^"' .j.at i;he«, i3 protcct!ttrnTb;tr " ri'.-"^; in the Middle Ages, when it M-as very difficnif tn u v>ffenders, the ludo-es infliVf«.I f • k n, "^ «™cuJt to reach few who were Irr«terrut1hu1 Punishments on the l«r of crime, l7l, ' , ''"' ""' '"'"'"''»'' "'« nnm- tnmcs. It lias smce been discovered tl,„f , i justice IS more certain and more mild T" " ' " eioiis. The EnWish ■,„,) .1, T • ' ' " '"'"''= <-"'fi<^'>- ™d oppressio^if t:te etTir^ '""V"'" '^™'"-^ lessening the penalt, and St nttnTa '^'' "^'"" '^ ^.iVX^nthlj^t^^lf^^^^^^^^^^^^ duced: "Art 75 IT «>"'>«"ng clause was intro- .he .nU otlt.^ t^ri:^^^^^^^^ l'^"'- to their several functions onLTwrtue of 7" "-''f '"« Council of State; in which ciT „ '''^'' °^ "'" place before the ordinary tribunal- Tl rT™""" '"''" the " Constitution of the year VII ' " T" """"'••^ in spite of the just compl ilrf ;' ^ ^'i' ™-'aine'<' "«=ni common s;nr f tL errit""' ■* f '''™' "^'^ ^" «'« eon.pos«, of men ^^ZZ^":^^ k-ng, after having orfered one „f his :::;.a„:s '^J'l 132 DEMOCRACY IN AMERICA. Prefect, to commit an injustice, has the power of com- manding another of his servants, called a Councillor of State, to prevent the former from being punished, — when I showed tliem, that the citizen who has been injured by an order of the sovereign is obliged to ask the sovereign's per- mission to obtain redress, they refused to credit so flagrant an abuse, and were tempted to accuse me of falsehood or ignorance. It frequently happened, before the Revolution, that a Parliament * issued a warrant against a public officer who had committed an offence. Sometimes the royal au- thority intervened, and quashed the proceedings. Despot- ism then showed itself openly, and men obeyed it only by submitting to superior force. It is painful to perceive how much lower we are sunk than our forefathers; since we allow things to pass, under the color of justice and the sanc- tion of law, which violence alone imposed upon them. • A French "Parliament" was a, judicial body. — Am. Ed. POLITICAL JURISDICTION IN THE UNITED STATES. 183 CHAPTER VII. POLinoAL JUBISDICTION IN THE TOUTED STATES. ,« cly d«„c. Removal fW>„ Offloe than ,n ordi-arj. Pena„y. -Pot ^ J»nsd«„„ „ i, e,i3« i„ a,e TJniM State, i,. LvwJLdia! » W a«, and perhaps in Con,e,„e„«, „f „,.. Mi,^e«, .t« W MlnstrumontintheHandsoflheMnjority. most ro»er J UNDERSTAND by political jurisdiction, that tem- X porary nglit of pronouncing a legal decision with which a pohtical body may be invested. In absolute governments, it is useless to introduce any name an oifender k prosecuted, is as much the sovereiw?! 'Ji.f P.i'.V.'^.fff" f*eT^''tyf 136 DEMOCRACY IN AMERICA. If the American legislator had wished to give society itself the means of preventing great offences by the fear of punishment, according to the practice of ordinary justice, all the resources of the penal code would have been given to the political tribunals. But he gave them only an imperfect weapon, which can never reach the most dan- gerous offenders ; since men who aim at the entire sub- version of the laws are not hkely to murmur at a poUtical interdict. The main object of the political jurisdiction which ob- tains in the United States is, therefore, to take aAvay the power from him who would make a bad use of it, and pre- vent him from ever acquiring it again. This is evidently an administrative measure, sanctioned by the formaUties of a judicial decision. In this matter, the Americans have created a mixed system ; they have surrounded the act which removes a public functionary with all the securities of a political trial, and they have deprived political con- demnations of their severest penalties. Every link of the system may easily be traced fron^ this point ; we at once perceive why the American constitutions subject all the civil fimctionaries to the jurisdiction of the Senate, whilst the militarv, whose crimes are nevertheless more formi- dable, are exempted from that tribunal. In the civil ser- vice, none of the American functionaries can be said to be removable ; the places which some of them occupy are inalienable, and the others are chosen for a term which cannot be shortened.* It is, therefore, necessary to tiy them all in order to deprive them of their authority. But military officers are dependent on the chief magistrate of * This is a great mistake. In no country in the world do civil ofBcera hold their posts by so short and uncertain a tenure as in the United States. This is true both of the Federal and the State governments, rotation in officri being now held up (falsely and injuriously, aa we believe) to bo a republican principle. Every change of administration, every election of a new Gover nor or a new President, leads to the appointment of a new set of oflScers, rOUTIO« JDWSDICTION IN THE WOTED STATES. 137 die State who is himself a civil ftnctionarjr; and the de- cs^ which condemns him is a blow upon Aem all It we now compare the American and the Euronean ystems we shall meet with differences no less striZIn l.e effects which each of them p^duces or may proS^ce In F^nce and England, the jurisdiction of poli/c^tto « looked upon as an extn.ordina,y .source: which is only to be employeade be.leenThem ' ™feht have been fie "liTe'sTae:" ^"''"''"'''' contignous; their customs, tWr L ll thy'"'"^" '"' -Ives together in the Senate .1 oppL the tff rfZ ■ i i I i f*, . 150 DEMOCRACY IN AMERICA. larger ones. Besides, there is so irresistible an authority in the legal expression of the will of a people, that the Senate could offer but a feeble opposition to the vote of the majority expressed by the House of Representatives. It must not be forgotten, moreover, that it was not in the power of the Amerirran 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 acknowl- edging the real power 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. This being laid down, the intro- duction of the influence of the States into the mechanism of the Federal government was by no means to be won- dered at ; since it only attested the existence of an acknowl- edged power, which was to be humored, and not forcibly checked. A FURTHER DIFFERENCE BETWEEN THE SENATE AND THE HOUSE OF REPRESENTATIVES. The Senate named by the State Legislatures ; 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. The Senate differs from the other House, not only in the very principle of representation, 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 chosen by the people, the Senate by the legislatures of each State ; the former is directly elected, the latter is elected by an elected body ; the term for which the Rep- resentatives are chosen is only two years, that of the Sena- tors is six. The functions of the House of Representatives are purely legislative, and the only share it takes in the M THE FEDERAL CONSTITUTION. 151 jaicial power is in the impeachment of public office,. The Senate coK.perates in the work of legislation, and M^ ^Ctf-^ "f ^ '"^ '''"^ °' Repr;::i;te: , p J '""' *' "^''^» ''•»'=•> »>•« concluded by the President must be ratified by the Senate • C the appomtments he may make, in „X to be d^ti'tive „.« be approved by the same body. ' THE EXECnXIVE POWEK. D.pend»ce of ,h. P„,iaeat. _ He Is Electiy. .„d B^ponsm P™. ^e^Seo.«.-H,s S...,y flxed .. U. Eo»j i„« Offlce. - Su-pensiv. The American legislator undertook a difficult task ,n matCoVtl""'^ r T"''™ """«' O^P""''-' - ' majority of the people, and nevertheless sufficiently stron-r pensable to the mamtenance of the republican form of r M r 'k-'"" ""^ -P'«-"'="ive of the execntivZwer should be subject to the will of the nation. '^ The President is an elective magistrate. His honor hi, property his liberty, and his life a°re the securities wiueh he people have for the tempemte use of his power But n he exercise of his authority, he is not perfectly indepen- dent; the Senate takes cognizance of his relations S Lrsrz'hr' "^'"f ^^'^"""■••>» -^ p->>hc a p::f: ments so that he can neither corrupt nor be cbrnipted The legislators of the Union acknowledge that thTTx^c: . ive power could not fiilfil its task ^ith dignity ard dvant^e unless it enjoyed more stability and s^e.,1 th.^ had been granted it in the sepamte StaL. ^ re-decte/-t'n ^f T '" '""' ^""' »<> •"> -^ ^ elected, so that the chances of a future administmtion 1 v m f 1 ^ 1 I \ mmam 152 DEMOCRACY IN AMERICA. may inspire him with hopefiil undertakings for the public good, and give him the means of carrying them into execu tion. The President was made the sole representtitive 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 responsi- bility. 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. The action of the legislature on the executive power may be direct, and we have just shown that the Ameri- cans carefully obviated this influence ; but it may, on the other hand, be indirect. Legislative assemblies which have the power of depriving an officer of state of his sal- ary encroach upon his independence ; and as they are free to make the laws, it is to be feared lest they should gradu- ally 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, armed with a suspensive veto, which allows him to oppose the passing of such laws as might destroy the portion of independence which the Con- stitution awards him. Yet the struggle between the Presi- dent 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 THE FEDERAL CONSTITUTION. 153 adopts this meannTp St* 'r 'T"^ "P"'^'"'- tives. But if the 1 J W ^ ™'^ "*""? '''» ««>■ ■•' not ..«; Xr^:;: ^rtireV"/'' r^ "'■" the constitution, of „„ nations.rfX'L kind ^ '' '" be, a certain point exists at which Til I. i. °^ ""^ recourse to the Mod ,„„./ T'^ . '^S'^'^'or must have ^ens. This n^W *""• *° ""^"^ "^ his fellow-citi- in monarchies • bnTlT *"f """* '^'^^y concealed no count,; i;;hrel;™{^ "'"'' r^-''^^- There is laws, or iU:^t^t:i:2^r'"'' "- '^ *« fto for common sle and X^ZL^. ""^ " ™'>'"- OF FRANCE. '^ "' * CONSTrrUTIONAL KISO Legislature. -The Presid™, .r,. ^^ ° R°e>Bmnch of the idea, checked in thf ExTrehe ffT ^ ° ""' ''°'™"- " ^'«' I^» - -io to . Bep-cTaThe'ir "^ .XS°°1; ""^ '' .he fetSri^Xftha"^ r •rr'T' ^" '"«"-- - on this portion oTmTLbt. in n d '" ''"^" «'"■ ^ '-'»« plain the part it suslfns' X rier To t"'^"' ^^^ nlear and precise idpo nf .1, ^?"''^- ^" ^^^^er to form a precis. Idea of the position of the President of 1 1 i 'I 154 DEMOCRACY IN AMKRICA. the United States, it may be well to compare it with tliat of one of the constitutional kings of Europe. In this com- parison, 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 execu- tive power retains the titles, the honors, the etiquette, and even the funds of royalty, long after its real authority has disappeared. The English, after having cut off the head of one king, and expelled another from his throne, were still wont to address the successors of those princes only upon their knees. On the other hand, when a republic falls under the sway of a single man, the demeanor of the sovereign remains as simple and unpretending as if his au- thority was not yet paramount. When the Emperors ex- ercised an unlimited control over the fortunes and the lives of their fellow-citizens, it was customary to call them C^sar 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. The sovereignty of the United States is shared between the Union and^the States, whilst, in France, it is undivided and compact: hence arises the first and most notable dif- ference 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 exceptional as the sover- eignty in whose name it acts ; in France, it is as universal as^the authority of the State. The Americans have a Fed- eral, and the French a national government. This cause of inferiority results from the nature of things, but it is not the only one ; the second ir impor- tance 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 weio-ht if he reftises to sanction them ; he is, moreover, the THE FEDEBAI, CONSTITUTION. 155 cxeciit(,r of all thov ordain Ti, d • , ecutor of the law, butl,' 7 "''™' " «''" "■« «- -king them, .inTo'the .tsl^Tf t """^ r''^""^ ■" vent -.heir passage. He h not tl f °^'"' ''°''' •"" P"^ ereig., power, bw onlvi^ "If 't? " ""' "' "'« 'o^- King of France eonftitlTportt oTt.""'^ ''''" *« power; he also contributes to the ^^ '°™'*'8" latu,., which is the o her port on T""'"" "^ "'« '«g- tl.n>ugh appointing the membeTof o^' r'T*"''^ '" "' solving the other at hirnr T ''''»"'»■•. and dis- of the United sJtes ht fr^'-^^t''^ "'^ P'^^"-' i..-.a.ive bod,, a^ ct,oTd :Z7t "xt"*^""""^ *« -me right of bringing forward m asLI he c! V'" -a nght wh ch the President does not poslf T, t""' IS represented in parh oo. ui , ' . P^^^^^s. IheKinfj plain his intention Tnnnlf'^ "'^ "' ""'"'"«-• -ho ex! principles of th g Zl'r ""p ™w'"™''^" *« ministers are aKke^.~froJp ■^"'^™' ""'' •■« influence and his ODi„rn?l , "^''' '" *at his into that great bodT Z K ""'f r"^'""« '"'^'^'^'^y on an equd footing witluL if f -"^ ^'T' ''' *-««>■•«. act without him th'an h t ^f, t "tTt" " Th'' p" "". ""'"' J.d beside the legislature ,iJt:!:Lora:dX^^^^^^^ .oi'itx%itLrhe-t-^--->^ most analogous to that of' the Kg '^p" '^™ '" >- aCvanlge of^ZZ or^tTthe Vn.''''"^' *« dnrability is one of the ohilf T P'-'^s"lent; and ing is either loved of Ltd ,^tTvra^"f^-*^ "'"'" The President of the UnM S ^tl " ^^'^ '° ^"<'""'' for four y»rs. The Ki^f t ^ ' '™«'''™'" '^""'^ ereign. S' '" *"""^«' " an hereditaiy soy- f, ii 156 DEMOCRACY IN AMERICA. In the exercise of the executive power, the President of the United States is constantly subject to a jealous super- vision. He may prepare, but he cannot conclude, a treaty; he may nominate, but he cannot appoint, a public officer.* The King of France is absolute within the sphere of exec- utive power. The President of the United States is responsible for his actions ; but the person of the King is declared invi- olable by French law. Nevertheless, public opinion as a directing power is no less above the head of the one than of the other. This power is less definite, less evident, and less sanctioned by the laws in France than in America ; but it really exists there. In America, it acts by elections and decrees; in France, it proceeds by revolutions. Thus, 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 developments may be more or less free, and its consequences different. Whence I am led to conclude, • The Constitution has left it doubtful whether the President is obliged to consult the Senate in the removal as well aa in the appointment of Fed era! officers. The Federalist (No. 77) seemed to estivblisii 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. [See also Daniel Webster's speech on the Appointing and Removing Power, Webster's Works, IV. 185 ; Marshall's Washington, V. 196 ; Sergeant & Rawle's Reports, V. 451. The decision of Congress upon this subject in 1789 was by a very small majority in the House, and in the Senate it passed only by the casting vote of the Vice-President. And this decision is only by infwence from the d.ct thus passed, which provides, that, when the Secretary of the Treasury ihould be removed by the President, his assistant shall discharge the duties of the office. Mr. Spencer riglitly observes, that the power has l»een « repeatedly denied in and out of Congress, and must be considered as yet an unsettled question." — Am. Ed.] ■niE FEDERAl CCVSlilUTION. ^57 that France with it. King i, nearer akin to a republic than tl.e Umon w«h its President is .0 a monarchy '^^ "^ partm sovereignty, whilst that of the Kh, " •„ ," " :att -rs^r ™^^ '-"•'^^^'-~U': vate interests. Amongst the eyamnlo. „f .i • • ^ '^ may be quoted that whM, .«ultrfi„ .. ' ""'"™''" of public fonctionariJ wL :« 1^:".^? g-at number from the executive g^vernm^u T,l ' T"'"""™'^ ceeds all previous hmlts ; it 11^:138^00^ """•"■ tions, each of which mav b. J„ • 1 , ' " """""»■ power. The PrZ^l'ouCv'^ sir :'""'"' "' exclusive rial.f „f ^.i- ^^^ ^*^*^^ ^as not the -. who,:'^lt:::;:^,7ceetf,^„^r-^^ '"" .^ many pta«, a. hi. dtatT^rtt^i^? 1u"^'° ''" *™» "■«■=» United Staec i, „„„ IC. L 11° f "^ "' ">« '■'^*« "f .he operation „f „„, „„i„„.,rc™™„r ^r " T™"' *■«»" ■•» *• l»in.n„n,. either direCy or indirecrim ,h! P "^^^ *"™ """ "^ »»ee oniy durin, hi. piLro, and 1.7„ l^*"' .""^ ™-i»"' '» .eu^hent. a. every ehan^ of •^i-istratioMrrelTL,":"::: It 1 168 DEMOCRACY IN AMERICA. ACCIDENTAL CAUSES WHICH MAY INCREASE THE INFTUENCE OF THE EXECUTIVE GOVERNMENT. External Security of the Union. — Army of six thousand Men. — Few Ships. — The President has great rrcrogativea, but no Opportunity of exercising thcin. — In the Prerogatives which he does exercise, ho it Weak. If the executive government is feebler in America than In France, the cause is perhaps more attributable to the circumstances than to the laws of the country. It is chiefly in its foreign relations that the executive power of a nation finds occasion to exert its skill and its strength. If the existence of the Union were perpetually threatened, if its chief interests were in daily connection with those of other powerful nations, the executive gov- ernment would assume an increased importance in propor- tion to the measures expected of it, and to those which it would execute. The President of the United States, it is true, is the commander-in-chief of the army, but the army is 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 in- terests rarely come into contact with those of any other nation of the globe. This proves that the practical opera- tion of the government must not be judged by the theory of its constitution. The President of the United States possesses almost royal prerogatives, which he has no op- portunity of exercising, and the privileges which he can at Huence of the executive government, through the number of places at iti disposal, has become excessive, and imperils both the moral character and the stability of our republican institutions. — Am. Ed.1 THE FEDERAL CONSTITUTION. lo9 present use are very circumscribed Th. . •o bo strong but circumstanc: l^p hil'L'r '""' '"" from ti,e law,. tC tl« " "'T"^''=' *" "'"^ ''«"> »tantly »t„,ggli„/^l,™™''™ government i, con- mense resouteslnTderM '° "bstocles, and has im- enlarged by the e.tent „f -rT""" "'""" '^ "'« '' ^ impo^anceVlhe evlT. U c'ont::^™r ''' """ ""^ "'" constitution. If „,« W Cd t,! ""• '""" "-""fy'-g "' circumscribed as that 0^,0^1 rr "' '^''"'^ «'«' «« would soon become ^ufmt p^^r"' '''» -fluonc. CAKKV ON THE GOVERNMENT '^ '" <"«'^'' ™ «f *« legisla^^f Tut sevelV-y "" '™ •'™-'- States have been kno™ tlT P'^'dents of the United 'ive body, without ti™ £a t Tf?^ "."'^ '^^'^■ power, and without inflfcti,^ a^v " ■ "'^''^, ""^ ^"P"""" I We heard this fact ,uoK ^^r t^'i^r t"^" and the power of the executive 80™—^!""''""' a moment's reflection will „ .S"™™inent m America: 'hat it is a proof oft JlnT"' "'' °" *^ ~»'-7. *e constitution, La™e lost ttirar" "P"" '^'» "^ constitutional kin» in Enmn!- enormous. A of the law, but iZ^^;r,:^}^ *Y T""" completely upon him tb»t 1..^ ™^P™™ions devolves so it» Le ff it'^ oppJe; 'h a t'Z *«!""""' ^ ^™= - of the .e,s,ative assemb^ J^/ZZttZ ■% 100 DEMOCRACY IN AMERICA. assemblies need his aid to execute it. These two author ities cannot subsist without each other, and the mechan- ism of government is stopped as soon as they are at variance. 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 usefiil, but is not indispensable, in carrying on pubUc afiairs. In all his important acts, he is directly or indirectly subject to the legislature ; and of his own free authority, he can do but little. It is therefore his weakness, and not his power, which enables hrni to remain in opposition to Congress. In Europe, harmony must reign between the crown and the legislature, because a collision between them may prove serious ; in America, this harmo' is not indispensable, because such a collision is impossible. ELECTION OF THE PRESIDENT. Mmi The 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. — How Circumstances favor the Establishment of the Elective System. — Why the Election of the President does not change the Principles of the Government. — Influ- ence of the Election of the President on Secondary Functionaries. The dangers of the system of election, applied to the chief of the executive government of a great people, have been sufficiently exemphfied by experience and by his- tory. I wish to speak of them in reference to America alone. These dangers may be more or less formidable in pro- portion 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 cir- 'm^ii»atiiia^M^'A»ikai>f!^'i ^a(>^\ .i^^SttWf,*^... THE FEDERAL CONSTITUTION. 161 cum3tances in which the electors are placed. ITie most weigh yar^xnent against the election of a chief magistrate, 18, that It offe^ so splendid a lure to private ambition, and IS so apt to mflame men in the pursuit of power, that, when legitimate means are. wanting, force may not unfrequently seize what right denied. It is clear that, the greater the prerogatives of executive authority are, the greater is the temptation ; the more the ambition of the candidates is ex- cited, the more warmly are their interests espoused bv a throng of partisans, who hope to share the power when heir patron has won the prize. The dangers of the elec tive system increase, therefore, in the exact ratio of the influence exercised by the executive power in the affairs of the state. The revolutions of Poland are not solely attril>. utable to the elective system in general, but to the fact ktgdom "'"'"^'"^ ™ *^' '""^'"'^^ '^ ^ P'^^^^^^ Before we can discuss the absolute advantages of the elective system, we must make prehminary inquiries as to whether the geographical position, the laws, the habits, the manners, and the opinions of the people, amongst whom it IS to be introduced, will admit of the establishment of a tTrt dp 1'^"''"' '"''"'^"^ government ; for to attempt to render the representative of the state a powerful sover- eXr .'' ''"^^ '^'' '^'"''^'^ ^^' ^" "^y «Pi"i«n, to entertain two mco^.patible designs. To reduce hereditary royalty to the condition of an elective authority, the only sTr! T • '\^',^-r'^^ -th are to circumscribe il sphere of action beforehand, gradually to diminish its pre- rogatives, and to accustom the people by degrees to live without Its protection. But this is what the republicans of Europe never think of doing: as many of them hate tyranny only because they are exposed to its severity, it is oppression, and not the extent of the executive power, wbch excites their hostility; and they attack the former I ? HH' 162 DEMOCRACY IN AMERICA. without perceiving how nearly it is connected with the latter. Hitherto, no citizen has cared 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 en- courage adventurers in so desperate a game. No candi- date has as yet been able to arouse the dangerous enthusi- asm or the passionate sympathies of the people in his favor, for the simple reason that, when he is at the hedd of the government, he has but little power, little wealth, and httle glory to share amongst his friends ; and his influence in the state is too small for the success or the ruin of a faction to depend upon his elevation to power. 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, these state inter- ests are never neglected for a moment ; 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 e\ent. 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, notwith- standing these precautions, a break necessarily occurs in the minds of the people. At the approach of an election, the head of the execu- tive government thinks only of the struggle which is com- ing on ; he no longer has anything to look forward to ; 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 ««„,, j„,j chotn JTl' 1 , T' """"" "" """" '• i| \m 164 DEMOCRACY IN AMERICA. them ; the preponderating power is vested in the represent- atives of the whole nation. The poUtical 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 fixity of the government. But the want of fixed principles is an evil so inherent in the elective svstem, that it is still very perceptible in the narrow sphere to which the author- ity of the President extends. The Americans have admitted that the head of the exec- utive power, in order to discharge his duty and bear the whole weight of responsibility, ought to be free to choose his own agents, and to remove them at pleasure : the legis- lative bodies watch the conduct of the President more than they direct it. The consequence is, that, at every new election, the fate of all the Federal public officers is in suspense. It is sometimes made a subject of complaint, that, in the constitutional monarchies of Europe, the fate of the humbler servants of an administration often depends upon that of the ministers. But in elective governments this evil is far greater ; and the reason of it is very obvious. In a constitutional monarchy, successive ministries are rapidly formed ; but as the principal representative of the executive power is never changed, the spirit of innovation is kept within bounds ; the changes which take place are in the details, rather than in the principles, of the adminis- trative 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 tenure of the public offices does not produce the evil consequences in America which might be expected from it elsewhere. It is so easy to acquire an independent position in the United States, that the public officer who loses his place may be de- -.: i it't Mi i ii (« »i ,w i . <" »' 'h^ ■»- «f dangers of the elective system, applied to the head of the stote, are augmented or decreased by the peculiar circum- stances of the people which adopts it However theln" tons of the executive power may be restricted, it mu t a ways exerc.se a great influence upon the foreiL .oC of the country; for a negotiation cannot be opUd or successfidly carried on, otherwise than by a single a»nT The more precarious and the more perilous the plitifof a people becomes, the more absolute is the want'of a fixed and consistent ex-ernal policy, and the more dan«ero,s te the system of electing the chief magistrate bTcom" The pohcy of the Americans m relation to the wZk r :\^^<=«^<'i"gly -"Ple; and it may almost be saW that nobody stands in need of them, nor do theysLt en^ I 7 '*^- '^'^ '"dependence is nevl threa" oft. I T '"■'""" "°"'*"'''"' *«'•««"«. the functions ot the executive power are no less limited by cu'cum- IT r \^' '^^'■- ""•» *« P-identVay T qnent ly change his policy, without mvolring the state in difficulty or destruction. Whatever the prerogative, of the executive power may be, the period which immediately precedes an election,ld that dunng which the election is talcing place, must ajUys be considered as a national crisis, which is perilous in pl portion to the internal embarnissments and the e" ter, d dangers of the country. Few of the nations fClt could escape the calamities of anarchy or of conouTs, . every time they might have to elect a new sovereS.. 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 th" President is a cause of agitation, but not of ruin. !Hi i I 166 DEMOCRACY IN AIIERICA. MODE OF ELECTION. Skill of Uie American Legislators ahovra in tlio Mode of Election adoptod by them. — Creation of a special Electoral Body. — Separate Votes of these Electors. — Cose in whicli the House of Representatives is called upon tr choose tlie President. — Results of tlie twelve Elections wbicli have taken place since the Constitution has been established. Besides the dangers which are inherent in the system, many others may ai'ise from the mode of election ; but these may be obviated by the precautions 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 re- sulting from such a mode of proceeding, besides the dan- gers 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 indi- vidual, or prepared the way for anarchy. In the examination of the institutions, and the pohtical as well as 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 free- dom. Besides, 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. It then only remained for them to choose the least dan- gerous of the various modes of election ; and the rules wliich they laid down upon this point admirably correspond to the securities whicli the physical and political constitu- tion 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 ■■MMHlHii . iites«*(^M;«»4^,^h^-^ii'Ssitei**^t)(fe;6l»i*^^ THE FEDERAL CONSTITUTION. 107 ^tXi'^r"''.''"'''^ "■''»"•" •>"« the difficult, was obtain this majority without an interval of delav which It was most important to avoid. It rarely happem tfu.t^ individual can receive at the first trial a ma^L; enhanced^r^" "J'^! P^"'"'''' """' ""^ "ifficul'ty I enhanced in a republic of confederate states, where local ■nfluenees are far more developed and mo^. ZeM Td 77, ' "'"* " "=^ P'''P<«^<» t" obviate to set ond obstacle was, to delegate the electonU powers of le nation to a body which should represent it. Tim mode of dection rendered a majority more probable ; (ordTf^Jr the electors are, the greater is the chance of their com^nl o an agreement. It also offered an additional plZTZ lthe:trLt'7-/'-''^" ''"^"'"' *» ^ '^ wneuier til s nght of election was to be intrusted to tl,P legislature itself, the ordinaiy representative of the ntti^ or whether a special electoral college should be folcd fc the sole purpose of choosing a President. The Arerfca^s chose the latter alternative, from a belief that those X we« ch.«en only to make the laws would «,present but perfectly the wishes of the nation in the electiW its chief magistrate, and that, as they are chosen for 1™ than a year, the constituency they represented might hZ changed Its opmion in that time. It was thought *at If the legislature was empowered to elect the head „f 'the executive power, its members would, for some time befl Zdd yr "^'"'"S^'-' "hereas the special electoi^ thetiv tf .•"'^' r"". '"'="''' "P ""•' *e crowd till It was therefore determined that eveiy State should name a certain number of Elector.,, who in their trn 1 1 M»*sjmiMsmiM>i. !i>iiPiiiiMnH 168 DEMOCRACY IN AMERICA. 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 cabal ; that they sometimes usurped powers which did not belong to them ; and that their proceedings, or the uncertainty which resulted from them, were sometunes prolonged so much as to endanger tlie welfare of the state, — it was determined that the Elec- tors should all vote upon the same day, without being con- voked to the same place.* This double election rendered a majority probable, though not certain ; for it was possible that the Electors might not, any more than their constituents, come to an agreement. In this case, it would be necessary to have recourse to one of three measures ; either to appoint new Electors, or to consult a second time those already ap- pointed, or to give the election to another authority. The first two of these alternatives, independently of the uncer- tainty of their results, were likely to delay the final de- cision, 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 on an appointed day, in the presence of the Senate and the House of Rep- resentatives. If none of the candidates has received a majority, the House of Representatives then proceeds im- mediately to elect the President; but with the condition that it must fix upon one of the three candidates who have the highest number of votes in the Electoral CoUege.f * The Electors of the same State assemble, but they transmit to the cen- tral government the list of their individual votes, and not the mere result of the vote of the majority. t 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 influ- ence 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 ' ^•a>a fl< fc* a M W*rfawiw a rti^ ^ THE FEDERAL CONSTITUTION IQq i^t'ind IS ::;r •" r ;™"' "'-■='■ "=-»-" ""- » intrusted to 'XTr '^""' ""' *<' ^'-'io" «nd even tl.en uL' " Z 7"''?'°"^'' °'' ""^ "'"'°°! «i-d, beerdit^ :;'^f ,^ twS " •="■"" "''" ■'- special Electoi-s It ;, \ ., * P'"^^*' mmority of tl.e respect wluc> 'due t„H^ "'"^''^ '^P"""™' """ "«' tl.e utmost c e ittrf e ', r*" /"■" " ""■""""'' "'"' does not nece^arily oZ ^ i^^- '*fP'-''«™to'ives difficulty; for the L , *" 'f'"<"'""« solution of the doubtfui^'and ifth?c2th1 r^' -embly n,ay still be remedy. Neverthe Iss by Jt^ZTT"" ^T""^' "" didates to three, and by ^^7^ .T '"^^'^ "*' '^^"- ment of an enlightened p'trfoi; r,"" '" ^J"'^- the obstacles •which are nof- 1 ^' "^ smoothed all tern itself ""' '"'''"'»' » *« elective sys- have^welve ti»es o^ln .'';:^''' ^f ^mted S^.es t.ons took place at once hyCtS^^lJ. *''' "'"'■ special Electors in the di4lt Xt^ "^.IT "' *« Representatives has nnl^, ♦ • "^"^ ^""^e of privilege of deeidL: i^ter^unTeS '17"^"^' was at the election of Mr t «,""^^^'f ^"^7 • the first time was in 1825, ItnMr for 7^ ^^'^ ^ '^'^ -eond ' '^'^- '^' Q"^««y Adams was named.f cannot agree, recourse is Imd to the division of th« «!. . a separate and independent vote tZ °^'''^^^*««' ^^''h of which haa Federal Constitution, which can be exnkin 7?^^' singularities of the interests. ^ explained only by the jar of conflicting ^^^* «.on, in ISOI, was not elected until the thirty.Uth ti.e of ,.,. ^^^^rra::^:.^^^ trc ''-'- '-- ^-^ -•-- ^^• act in the election only twice _7^ ^^^^^P^-^^^^^atives ha« been required lo 8 11 f 170 DEMOCRACY IN AMERICA. CRISIS OF THE ELECTION. The Election may be considered as a Moment of National CriBis. — Why. — Passions of the People. — Anxiety of the President. — Calm which succeeds the Agitation of the Election. I HAVE shown what the circumstances are which favored the adoption of the elective system in the United States, and what precautions Avere taken by tlte legislators to ob- viate its dancers. The Americans are accustomed to all kinds of elections ; and they knew by experience the ut^ most degree of excitement which is compatible with securi- ty. The vast extent of the country and the dissemination of the inhabitants render a collision between parties less probable and k^5S dangerous there than elsewhere. The political circumstances under which the elections have been carried on have not, as yet, caused any real danger. Still, the epoch of the election of the President of the United States may be considered as a crisis in the affairs of the nation. The influence which the President exercises on public business is no doubt feeble and indirect ; but the choice of the President, though of small importance to each individ- ual 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, in comparison with the kings of Europe, but few means of creating partisans ; 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 are led to rally round an individual in order to acquire a more tangi- * Owing to the increase of patronage already referred to as necessarily produced by the vast increase of the population, this influence has now be- come excessive, and very dangerous. — Am. Ed. THE FEDERAL CONSTITUTION. jji the auspices „7rp*:J:;ri;\°' "'°'\P™-1''- -der tion, that the support of hn "^ '" f""' ''^ '''' o'^'^- majority. "^ °^ '^"'^ principles now form U,e engrossing, ^p";^ 't^ ^s^st' t. ^" J," ^"f ^ '"« ""■ redoubled ; and all tl^art^ . • *'^°'' "'^ '■'>''''°° « nation can create il a In "^ '"^"""^ ^''"'<''' "'« '"agi- and brought tTllt'lLt T'" '"'"' -"-^ '^''""<' sorbedb/theca«s''f;elSrferr''He„:r"'"' ' ""^ for the interest of the state W f .. . "«"'' S"™"" he does homa<.e to Th. ^ " ' "'^' "'^ •■" r^kction ; ita passions^^Ca ^ e^riite P" ="' f '''''"^ worst caprices A, ,L i .• '. '^^I'^^""? -courts its of hitrigre a:d thfaSiotrtletZir •' '"^ ^"'^"^ citizens are divided fnto hJ', P^^ace increase ; the sumes the name of ite fL ? "^'^' '""^ "^ ''^"^^> as- glows with r. sh lrm?„r b ""'T •'" "'"''^ •'^''"" theme of the public ZT T ' , f ^''''"'" ^^ tlie daily -ion, the enT^JJ'ZXtt' "' ''^^™'^ ^<'"™- interest of the present."^ utlZ tI7 "''°"' "'" ^"'^ choice is determined, this ardi Ts disSkd Z" T "" turns ; and the river, which had nSy broken url" T Sinks to its usual level • hut r^h ^ woKen its banks, .«ent that such a stl™ ^J^ZT^^^ ''"'" '^'-'''^ li .,A i i ■ 1 i 172 DEMOCRACY IN AMliRlCA. RE-ELECTION OP THE PRESIDENT. Ill) When the Head of the Executive Power is re-eligiblo, it is tlio State which is the St)ur('o of Intrigue and Corruption. — The Desire of hcing re- elected is the oliicf Aim of a President of the United States. — Diaad- vantage of the Re-election peculiar to America. — The Natural Evil of Democracy is, that it gradually subordinates all Authority to the slight- est Desires of the Majority. — The Re-election of the President encour- ages this Evil. Were the legislators of the United States 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 their best means of insuring 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 proved his ability to govern well. But if these arguments are strong, perhaps still more powerful reasons may be advanced against them. Intrigue and corruption are the natural vices of elective govern- ment ; but when the head of the state can be re-elected, these evils rise to a great jight, and compromise the very existence of the countiy. When a simple candidate seeks to rise by intrigue, his manoeuvres must be limited to a very 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 its immense influence, is busied in the work of corruption and cabal. The private citizen, who employs .kJWtMM4IS^' THE FEDERAL CONSTITUTION. J 73 culpable practices to acquire power mn „.* • only i,..lirectly prejudicial' to tlfoTuTlirpXr T,"; the rc,„x.,,e„,ativo of the executive delndT,, 1';,, "^ bat. the care, of government dwindle for him t "T ■■ate m,poreance, and the success of hiroltli il rT''" concern. All niiM.V. nn„, . • *• section is his first l.im nothin J Tore thf^ ! 'T' " """ " "" '''"^' "^ '» Lccome the rewarcTof rv'T"';^ '^''™"'' l''""-'-^' but to its chie; Id' r xrc 7;';r '° "'"""■•°"' not injurious to the country is at loa^f ""« government, if to the community for whiXirrJ:::,"eS """ ''"'""'' ;^-=s[:t::-;ht^;:::-^^^^^^^^ bemg re-elected is the chief am of TeVr. 1 ! T"" °^ whole p„hc, of his admini.™!: iTd"^^^:"!-' ^ t' : p-aceof hisi„tcJLti:t;p:ufc7r;' rr' •"*''? "'" re^ligibiht, rende. the c^rru .ti^n^ nflu» e^^t/' governments still more extensivi and pernicious T ? 7 to degrade the political moralitv of ,L ^ T . '""^ .Huten,ana4„ta„di„.£t' artt™"* '" ^"''■ afflicted by some evil wh.thL^„CntTit.rT '° '^ or ^a ,i a^drm^,:;™™ trtr ^: ^-^^ bad co„se,ue„ees ma^ not ^ZZ^;^^^ '^ ( ■ !; 174 DEMOCRACY IN AMERICA bj 111 radically bad, even if its immediate consequences were unattended with evil. By parity of reasoning, in coim- tries governed by a democracy, where the people is per- petually drawing all authority to itself, the laws which increase or accelerate this action directly attack the very principle of the government. The greatest merit of the American legislators is, that they clearly discerned this truth, and 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 in its sphere, without being entirely beyond the popular control ; an authority which would be forced to comply with the permanent determina- tions of the majority, but which would be able to resist its caprices, and 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 armed him with the veto to resist the en- croachments of the legislature. But by introducing the principle of re-election, they partly destroyed their work ; they conferred on the Presi- dent a great power, but made him little inclined to use it. If ineligible a second time, the President would not be in- dependent of the people, for his responsibility would not cease ; but the favor of the people would not be so neces- sary to him as to induce him to submit in every respect to its desires. If re-eligible, (and this is 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 anticipates its wishes, he forestalls its complaints, he yields to its idlest cravings, and instead of guiding it, as the legislature in- tended that he should do, he merely follows its bidding. Thus, in order not to deprive the state of the talents of an '-**!jiiJi^u'^jViaii,^X'^J^ THE FEDERAL CONSTITUTION. 175 FEDEBAl COBETa OF JUSTICE.* PoIWcal Importance of the Judictonr in the ITn,>„H c. . 'K'ting this Subject _ Utility rf iJ-- ,T ''"• - "i*"'* of Wh« Tribnnal, could be intl , '^°™' '" C^Merations. - «b«u, rcde.>,°C;rX"'''°or°''°°-''°^''' ■''«•■ considered; It her^V"'^"':' P-"^-; -w remains to be reader. Thdr iudilf • r? • """"'^ "^ ''"^'^ fr"™ tl,e occupy a verv im„„rt °, , ^"g'°-Aniencans, and they nals without entfrin'ilt "'"'•"/ *« ^■"^*- «bu- their constiLtt id LrC^r' ''"^'!' '^^I'^^""»" cannot descend to thesemilZ "^ Proceeding; and I reader by the natural d^eTsTtt/'"' """^"^ *« obscurity through a de'^rbt t^rY '"""^ '"'" hope to escape these diiTerent eril, n !,• """ '™'''='='y 176 DEMOCRACY IN AMERICA. means of overcoming the opposition of the governed; namely, the physical force which is at their own disposal, and the moral force which they derive from the decisions of the courts of justice. A government which should have no other means of exacting obedience than open war, must be very near its ruin, for one of two things would then probably happen to it. If it was weak and temperate, it would resort to vio- lence only at the last extremity, and would connive at many partial acts of insubordination ; then the state would gi-adually fall into anarchy. If it was enterprising and powerful, it would every day have recourse to physical strength, and thus would soon fall into a military despot- ism. Thus its activity and its inertness would be equally prejudicial to the community. The great end of justice is, to substitute the notion of right for that of violence, and to place a legal ban-ier be- tween the government and the use of physical force. It is a strange thing, the authority which is accorded to the in- tervention of a court of justice by the general opinion of mankind I It clings even to the mtre formalities of justice, and gives a bodily influence to the mere shadow of the law. The moral force which courts of justice possess ren- ders the use of physical force very rare, and is frequently substituted for it ; but if force proves to be indispensable, its power is doubled by the association of the idea of law. A federal government stands in greater need than any other of the support of judicial institutions, because it is naturally weak, and exposed to formidable opposition.* If * Fwlcral 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, whicli had no real intention of obeying the central government ; and though they readily ceded the right of command to the central government, they car* fully reserved the right of non-compliance to themselves. THE FEDERAL CONSTITUTION. I77 obey the laws, and to repel the attacks which mi^ht h. ZZ '''lJ™'«=^'''»<=•' «'««' already organimi in everv State? Or was .t necessaiy to creatlFeden.!. courts? T wants the judicial power of the States. The separation nf hejudicia^fro, ,., other powers of the steLTll^ aiy for the security of each, and the hberty of al . Bu^ ha^r ' r°"™' '" *« «-'»«"- o^ the natfo" that the several powers of the state should have the same origin, follow the same principles, and act in the ^e mogeneous. No one, I presume, ever thought of causinir offences committed in France to be tried by a fore ^3 of justice, in order to insure the impartiality of Kl The Americans form but one people in relation tfthS Federal government ; but in the bosom of this neol d vers politK^al bodies have been allowed to sublstt'which are dependent on the national govemment in a few pott and independent in all the rest, - which have all a dS origm, maxims peculiar to themselves, and special meTn of canymg on their affairs. To intrust the LcutiW rt T.f- *' ^"'™ '" '"''""'J^ instituted by tl: eT™ n!, T™' ^^y' "">"'■' "«t only is each State for- e.gn to the Union at large, but it is a perpetual adversary smce whatever authority the Union loses turns to the 3' vantage of the States. Thus, to enforce the aws of th Union by means of the State tribunals would be to Illow not_ ™ly foreign, but partial, judges to preside over the 12 1'^ i; I il 178 DEMOCRACY IN AMERICA. But the number, still more than the mere character, of the State tribunals, made 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 [thirty-four]. To suppose that a state can subsist, when its fundamental laws are subjected to four-and-twenty different interpretations at the same time, is to advance a proposition alike contrary to reason and to experience. The American legislators therefore agreed to create a Federal judicial power to apply the laws of the Union, and to determine certain questions affecting general interests, which were carefully defiMsd beforehand. The entire judi- cial power of the Union was centred in one tribunal, called the Supreme Court of the United States. But, to faciU- tate the expedition of business, inferior courts were ap- pended 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 appointed 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 indepen- dent of the other authorities, their office was made inalien- able ; and it was determined that their salary, when once fixed, should not be diminished by the legislature.* It was easy to proclaim the principle of a Federal judiciary, but difficulties multiplied when the extent of its jurisdiction was to be determined. * The Union was divided into districts, in each of which a resident Fed- eral 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 country, in order to try the most important causes upon the spot : the court presided over by this magistrate is styled a " Cir- cuit Court." Lastly, all the most serious cases of litigation are brought, either primarily or by appeal, before the Supreme Court, which holds a THE FEDERAL CONSTITUTION. 179 m MEANS OF DETERMINING THE JURISDICTION OF THE FEDERAL COURTS. Difficulty of determining the Jurisdiction of the diffe«nt Courte cf Justin fcung their ow- Ju-isdtoio? t I " """^ "" "«'«»' Pnr,L If r ''" ™'™™- -I" »'li«t respects tilis R„lo attack, the Portion of Sovereigaty reserved ,0 the several St«es -ThT^v l^^Z °^' "" '""""" "' '"" -«' S-'» -re appar. A8 the constitution of the United States recognized two dtstmc sovereignties, in presence of each otSrrrepI cTu :^ '^'J"^™ P-' ot view by two distinct cL27( counts of justice, the utmost care taken in definin.r their ser«™^jurisdic,io„s would have been insuffictt fo p^ vent frequent coUisions between those tribunals The question then arose, to whom the right of decSng thi competency of each court was to be referred. ^ nues'tirr-"'^'.''' •°™ ■ '"'' " ^'"^'"^ ^y Poli'i"' ^he" a quesfon of jurisdiction is debated between two courts a third tribunal IS genemlly within reach to decide tiriif! ference; and this is effected without difficulty, becanse m these nations, questions of judicial competent; have no connection with questions of national soveLgnty. But it court of the Union and the superior court of a separate State, which would not belong to one of these two " It was therefore necessary to allow one of these cour t o lTd° Tir °'""' ' '""■ "' ""^ "' *' '"^^ <"■ "■« «■«■!• Courts most attend. The jury was Introduced into the Federal court, in .1,7 li 180 DEMOCRACY IN AMERICA. '1,1 u 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 heen to de- stroy the sovereignty of the Union de facto, after having estabhshed it de jure; for the interpretation of the Consti- tution would soon have restored to the States that portion of independence of which the terms of the Constitution deprived them. The object of creating a Federal tribunal was to prevent the State courts from deciding, each after its own fashion, questions affecting the national interests, and so to form a uniform body of jurisprudence for the interpretation of the laws of the Union. This end would not have been attained if the courts of the several States, even while they abstained from deciding cases avowedly Federal in their nature, had been able to decide them by pretending that they were not Federal. The Supreme Court of the United States was therefore invested with the right of determining all questions of jurisdiction.* This was a severe blow to the sovereignty 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 one which was arbitrary. It is true, the Con- stitution 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 is threatened by this mode of proceeding are lees serious than they appear to be. We shall see hereafter, * In order to diminish the number of these suits, however, it was decided that, in a great many Federal causes, the courts of the States should be em- powered to decide conjointly with those of the Union, the losing party hav- ing 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. 300, 370, et seq. THE FEDEBAL CONSTITUTION. IgJ that, in America, the real power is vested in the States far more than m d,„ Federal government. The CenJ judges are conscious of the relative weakness ofthe power m whose name they act; and they ar« moL in! dmed to abandon tl.e right of jnrisdictio„,';„ casTwh re the law gives .t to them, than to assert a privileged which they have no legal claun. pn™ege to DIFFERENT CASES OF JURI3DICTI0M. r.l.t,„g ■„ .he N„..perf„™«,c„ of Co„.rac,. tried bj . taC^cZ After establishing the competency of the Federal courts come withm their jurisdiction. It was determined, on the one hand, that certain parties must always be CouZ before the Federal courts witl,™,. , , ■'™"g'"^ nature of tl,» . T T , "^^"'^ '" "«' ^P^™1 nahire of the suit ; and, on the other, that certain causes must always be brought before the same courts, no ml ter who were the parties to them. The part^ andThl Ambassadors represent nations in amity with the Union de^ the whole Union. When an ambassador, therefore ; PO^'y "> a Buit, its issue affects the welfare of the nat.o„,_and a Federal tribunal is natu..lly called upl to The Union itself may be involved in legal proceedin.^ customs of all nations to appeal to a tribunal representing ¥• dj mi m ' h i I- : r; 182 DEMOCRACY IN AMERICA. any other sovereignty than its own : the Federal courta alone, therefore, take cognizance of these affairs. 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 expe- dient is to select a tribunal which can excite the suspicions of neither party, and this is naturally a Federal court. When the two parties are not private individuals, but States, an important political motive is added to the same consideration of equity. The quality of the parties, in this case, gives a national importance to all their disputes ; and the most trifling litigation between two States may be said to involve the peace of the whole Union.* The nature of the cause frequently prescribes the rule of competency. Thus, all questions which concern mari- time affairs evidently fall under the cognizance of the Fed- eral tribunals.! Almost all these questions depend on 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 one State jurisdiction rather than another, only the national courts can hear causes which originate in maritime affairs. The Constitution comprises under one head almost all the cases which, by their very nature, come before the * The Constitution also says that the Federal courts shall decide " con- troversies between a State and the citizens of another State." And here a most important question arose, — whether the jurisdiction given by the Con- stitution, in cases in which a State is a party, extended to suits brought against a State as well as by it, or was exclusively confined to the latter. The question was most elaborately considered in the case of Chishdm v. Georgia, and was decided by the majority of the Supreme Court in the af firmative. The decision created general alarm among the States, and an wnendment was proposed and ratified, by which the power was entirely taken away so far as it regards suits brought against a State. t Ab, for instance, all cases of piracy. THE FEDERAL CONSTITUTION. Igj, in. this ,rom,o„::t:::;:zzL ofsr:^^- Federal onnr, ^ """"'^"'"' *« <^»^o must come before a n , J c ' "'""'^ '* "««« radei- the laws of ..h« Umted States Again, if difficulties arise in T levyt of mport dafes which have been voted by ConL 7^f Fedezul court must decide the case, because it ^CZZl the interpretafon of a law of the United States. .r u ^; '™ "■'""''''<* """' within its limits it It t run-:: "•"' *" ""^ p^°p'^-' ^"''■" *- rlri ^ V 7.^ sovereign. When this point is es- abhshed and admitted, the inference is easy ; for if u be acknowledged that the United States within ,Z I j 1-eribed by their Constitution, cortult^ X"/ It » .mpossible to refuse them the rights which belonf ,o ot/.er natjons. But it haa been allowed, from the oS of society, that evety nation has the right of decWinT^v ! own courts those questions which c^'onceltf ele'C » 4, rule. "' ' "* °" ""^'X''"' •»" *= eontt^ pri„eipl. 184 DLMOCRACY IN AMERICA. 11 if" of its own laws. To this it is answered, that the Union ia in so singular a position, that, in relation to some matters, it constitutes but one people, and 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 re- solved, (and we have shown how it was resolved, in speak- in cr of the means of determining the jurisdiction of the Federal courts,) no further doubt ran arise ; for as soon as it is estabhshed that a suit is Federal, that is to say, that it belongs to the share of sovereignty reserved by the Consti- tution to the Union, the natural consequence is, that it should come within the jurisdiction of a Federal court. Whenever the laws of the United States are attacked, or whenever they are resorted to in self-defence, the Fed- eral courts must be appealed to. Thus the jurisdiction cf the tribunals of the Union extends and narrows its limits exactly in the same ratio as the sovereignty of the Union aucrments 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 con- trol of all the general interests of the Union, in the other, tiie control of the special interests 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 general principle of independence within certain limits of their own was adopted in their behalf; there the central government cannot control, nor even inspect, their conduct. In speaking of the division of au- thority, I observed that this latter principle had not always been respected, since the States are prevented from passing certain laws, which apparently belong to their own partic- ular sj^here of interest. When a State of the Union passes a law ecutio Tin only t Union the sei States criminj law of Union. laws w! citizen a law J may apj * It is large editii ner changi the contrm fill definiti( The definii vidual, anc fiiture law. equally bin( tion here n quired righ not have pa possession is t A rerai large editioi founded by Revolution, i legislature of passed an acl transferring i charter to m the act was eral) Court, \ within the m utterly void, s ■-imtitiis^#»iiiMtmiii^»aiiiiik,JiMS^Sil^lt!lli'-.i :'i|^t.fl||pi^JI,.,L.lV THE FEDERAL CONSTITUTION. 185 - r^' sir ;:r -- ---"^:i t State, are prot , dZm'T ^ '"■ ''''"''"'"'"'■• The eriminaleases; and anvn". "^. ^po>t-/acto laws i„ low of this ki .dnl ^ "^ T condemned by virtue of a Union. The st es arrJ '" "' ^r'"^'"' "'•-- "^ "- laws which may^inair J T" ^""^^'""^ ^""" ""^i-S eitj^n thinks tK^lht&tllr"'^'''* /^ » a law passed in his StatP I,! ""'/""^ « impaired by may appeal to thetdera, 'co^J "'"^ '" ""-^ ■•'' ""'^ * It is perfectly clear, says Mr Rto«, /n large edition § 1379,) tlmt any law wS i?™'"''^*'^""'' P* '«^' «•• "> the ner changes the intention of t oa^l' '"''^r' '''"'^^' ^^ - any n,an- the contract, necessarily i^irst^Sf'.'^^-^-f '''"" '''' "'Pulations in ful definition of what is unde sL d bv af '! '" " ''^"" ^'^^^ '^ ^^^ ' '- The definition is very broad 11^ TT' '° ^''^'''' Jurisprudence, vidual. and accepted by hhn i^a "n "f J ''' '^'^^*' ^'^ "* P"^«*« '"^i" futu^law. A charter gran^i^Vhestrr"^ '^ "^^'^' '^^ -^ oqual^ binding on the State as on the g^^ntee Tl77 " I ""*""*' -^ t»on here referred to insures therefon,.^ ^''" ^^'»"«« "f the Constitu- quired rights, but not of aJ, ZZ' T'"'" "^ * «^^«* P"'^ "^ ac- not have passed into the po sess^T, L"? ''''"''' "^ '''''' ''^^^^ '' -y possession is an acquired rTht To. ^ ""''"' "^ * ''""^'•'"^t' and its ^ t A;-ubieU:fo^;;i:xr;^^^^^^^ ^-•-- large edition § 1388). "Dartmouth CnC ■ S" "^ ^P' ^°®' °^ '° th* founded by a charter grantcTto 1^^" ^V'". '" "'""^''''^^ ^"^^ ^n Revolution, and its trustees for^edlT '''"''' ''"'^^^ '''« ^^^eaa legislature of New HampsLrd ^^^^^^^^^^^^^^^ ""^^^ *'- ^''-er. The passed an act changing the terms of7hn '^^'''"^°"t of this corpomtion. transferring all the' rights, ^e^ LTr , -'"^^^ °' ''' ^^^^^-^^ ^^^ cW to new trustees appo'inted^^drth!:^^^^^^^^^^^ ''^ '"^' Ae act WM conKsted, nnd tin m™. . * 'oratitutionality of era.) Court, „„„,. , ;J't^^ ZthTp"™'' "" '" ""> «"P"™ (^«1- "ithin the mcMiiog „f „,e c ' '^l- ^T"™' '^''"^ ™ . coutmct «-, .Old, ., ^Mo^ri^rorc:::;."""'"-^ - ™ ;■, ; \l\ "'■'iKi MH 186 DEMOCRACY IN AMKRICA. This provision appears to me to be the most serious attack upon the independence of the States. Tiie rights accorded to the Federal government for purposes obviously national are definite and easily understood : but those with which this clause invests it are neither clearly appreciable nor accurately defined. For there are many political laws which affect the existence of contracts, which might thus ftimish a pretext for the encroachments of the central au thority.* ♦ The apprehensions expressed in this paragraph seem to be unfounded. The object of the clause in the Constitution respecting contracts is not so much to strengthen the Federal government as to protect private individuals against harmful and unjust State legislation. It docs not limit the power of the States, except by prohibiting them from committing positive wrong. They can still legislate upon the subject o{ future contracts; they can pre- scribe what contracts shall be formed, and how ; but they cannot impair any that are already made. Any law wliich should authorize the breach of a con- tract already made, or in any way impair its obligation, would be obviously unjust. Moreover, as Mr. Spencer observes, the author is in error " in supposing the judiciary of the United States, and particularly the Supreme Court, to be a part of the political Federal government, and a ready instrument to ex- ecute its designs upon the State authorities. Although the judges are in form commissioned by the United States, yet they are in fact appointed by the delegates of the States, in the Senate of the United States, concurrently with and acting upon the nomination of the President. In truth, the ju- diciary have no political duties to perform ; they are arbiters chosen by the Federal and State governments jointly, and, when appointed, as independent of 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 dor ing the ridministration of Mr. Jefferson." — Am. Ed. THE FEDERAL CONSTITUTION. PROCEDURE OP THE FEDERAL COURTS. 187 NatunJ Weakness of the Judicial Power in Confederations T ^ , » ought, as much a. possible, to bring Private Indt^ . T ^ "°'' bcfo.^ the Fcdeml Courts. 1 How the aI?- ' '"'' ""' ^^^^' I HAVE shown what the right, of the Federal courts are and.. « no leas .mportant to show how they are ex ,C The .rres,st,ble auUiority of justice in countries in wS" the ovemgnty ,s undivided, is derived from the fL ] a rtw^'e't e'i e "orriLrT': >"■ '"'"^'"'^ '" ''^ ii« mea or right. But it is not alwavs so in countnes ,n which the sovereignty is divided, in Zr^Z ud,c.al power ,s more frequently opposed to a fr« "^ „f the nation, than to an isolated individual, and tomora i,h 7"^ -d physical strengtl. a^ cons quently Z l .shed In Federal states, the power of the judge i.„Ttu n, ;i ? . "^ "" ''^S^'"""- ■■" confederate statfs ought therefore to be, to render the position of the courL of justice analogous to that which they occupy in c„"n mes where the sovereignty is undivided , in oTher CX rii^aittS-"^ -'^ - .hevr:ti:i:^ Every government, whatever mav be it, n^«cf . *• reonirPQ tl,a. »«^ i« ^ "^ constitution, assaults. As ftr as the direct action of the government on i*4 ui ill 188 DEMOCRACY IN AMERICA. 1 «, .'4 J. the community is concerned, the Constitution of the United States contrived, by a master-stroke of policy, tliat the Federal courts, acting in the name of the laws, should take cognizance only 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 Con- stitution, the inference was that the government created by this constitution, and acting within these hmits, 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 n every American cit- izen, 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 tax-payer ; and, like the judi- cial power of other nations, it acts only upon 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. But the difficulty increases when the proceedings are not brought forward %, but against, the Union. The Consti- tution recognizes the legislative power of the States ; and a law enacted by that power may violate the rights of the Union. In this case, a collision is unavoidable bi^tween that body and the State which has passed the la^^ : and it only remains to select the least dangerous remedy. The general principles which I have before established show what this remedy is.* It may be conceived that, in the case under consid(5ra- tion, the Union might have sued the State before a Federal court, which would have annulled the act ; this would have been the most natural proceeding. But the judicial power • See Chapter VI., on Judicial Power in America. THE FEDERAL CONSTITUTION. Igg wo^d thus have been placed in direct opposition to the State, and it was desirable to avoid this nrp^I. . much as no^IW*. T-i, a • predicament as mucn as possible. The Americans hold that if ;= «« i interest by its provisions. These private interests are «, -med by the American legislato..! the meanrof^3r ng such measures as may be prejudicial to the Um-on ^d cr ist; "sr ' "■" ''' ™'"" "' *« «-p-' Suppose a State sells a portion of its public lands to a which the lands are otherwise disposed of ,n^ ,i . i ^ of the Constitution which ..•ohS^ai1mS„:'r obligation of conttacts is tliereby violated. Wh™ "hf «„ chaser under the second act appeal, to take possession ^I r:ioft:r- '"' t '--^ "'^ »*- ^^'^ tribunals of the Umon, and causes the title of the claimant to be pronounced null and void.* Thus, in pofait ofTt he judicial power of the Union is contesting the ells of the sovereignty of a State ; but it acts onl/indirectirand upon an application of detail. It at,acks^he aw in to r:L^s.^rtes!utt:I:;:^5^^^^^^^^ which a State was a party. This suit was perfectly sim ar to any other cause, except that the quality rf le p" nes was different; and here the danger pointed ou at rtl oemg a, oided. It „ inherent in the very essence of Fed- • See Kent's Commentaries, Vol. 1. p. 387. -n"i| ^' f| 1 190 DEMOCRACY IN AMERICA. eral constitutions, that they should create parties in the bosom of the nation, which present powerftd obstacles to the free course of justice. HIGH RANK OF THE SUPREME COURT AMONGST THE GREAT POWERS OF STATE. No Nation ever constituted so great a Judicial Power as the Americans. — Extent of its Prerogatives. — Its Political Influence. — The Tranquillity and the very Existence of the Union depend on the Discretion of the seven Federal Judges. When we have 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 higher than any known tribunal, both by the nature of its rights and the class of justiciable parties which it controls. In all the civilized countries of Europe, the government has always shown the greatest reluctance to allow the cases in which it was itself interested to be decided by the ordi- nary course of justice. This repugnance is naturally greater as the government is more absolute ; and, on the other hand, the privileges of the courts of justice are ex- tended with the increasing liberties of the people : but no European nation has yet held that all judicial controversies, without regard to their origin, can be left to the judges of common law. In America, this theory has been actually put in prac- tice ; and the Supreme Court of the United States is the sole tribunal of the nation. Its power extends to all cases arising under laws and treaties made by the national au- thorities, to all cases of admiralty and maritime jurisdiction, and, in general, to all points which affect the law of nations. THE FEDERAL CONSTITUTION. ^yj tion with foreiVn powers • thp r!l .• p' ^. ""^ ^^^ "*" themselves JaCtTu re^^^^^^^^^^ ^^^^ the States. ^eguiated by the sovereignty of A second and still m-eater pji«co ^f ^-l of this court may be adS In V P'«P''"<'^'^n'=e the courts of jusfe ZZl cL °™ "' ^"°P^' troversies of private indirdLs 1 T ^ "^ *' •=""" of the TTnifpr] Qf 4. '""'""^^"^s , but the Supreme Court wht *:" t'^herurdir^ t^-^ *- ■■'» ^- tribunal, and simply sayTTThesr Tm^' '^'P' "^ "■' The State of 0W„ "Tt • ^S "'^ ^^^ ^"* "«•»» court which L^dresLisT"' "'-'"' *"' *« it is recollected ITo; of twf "L '''' """-^ -■'™ million, and the other two mi | i^s 7^? '"^""■''*" ""' by the responsibility of the seven T,/ .' ""V ''""='' about to sTtisfy or to disfpnoTnT J T^' "^'^ ''"='™" " fellow-cihW """PP™"' ^0 l^-'ge a nmnber of their Without thetircts^^tf iin: itir«- the Executive appeals to th™ „ ". ^ * ^^»n>ty, the people chose the men who most deserved the esteem, mther than those who had I i 194 DEMOCRACY IN AMERICA. gained the affections, of the country. I have ah'eady ob- served, that, distinguished as ahnost 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 strug- gle against a powerful and dominant authority. When the contest was terminated, whilst the excited passions of the populace persisted, as usual, in Avarring against dangers which had ceased to exist, these men stopped short ; they cast a calmer and more penetrating look upon their coun- try ; they perceived that a definitive revolution had been accomphshed, and that the only dangers which America had now to fear were those which might result from the abuse of freedom. They had the courage to say what they believed to be true, because they were animated by a warm aiii sincere love of liberty ; and they ventured to propose restrictions, because they were resolutely opposed to de- struction.* Most of the State constitutions 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 slight- * At this time, Alexander Hamilton, who was one of the principal found- ers 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 t!ie 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 Avell of the purposes for which government waa instituted, as of the true means by which the public happiness may be promoted. The re- |)uhlican principle demands, that the deliberative sense of the community s!iould govern the conduct of those to whom they intrust the management 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 flatver tlieir prejudices to betray their interests. It is a just observation, that the ocopk commonly intend the pui)lk good. This often applies to their very ':ifror8. But their good sense would r««*'A»yfe-;ap'^0fe»».^ . kn\ti^:-^ ^^ THE FEDERAL CONSTITUTION. 195 consequence wa, tllttl T' "'"'"''"• The lepxesent tne same interests n« tTi^ ^*t -^ . , represent more wisdom A ' '' ""'-^'^ ^* ^^^^^ I' more wisdom. A mature age was necessary to despise the adulator who should pretend thnf fl,n. i the means of promoting it. They know frl'"^ '" '"^ "^'^ ^'^"' times err; and the wonder is tW .. «^P«™nce that they some- they conti;„alIy e Ty the wil s c ' ' " '''"' "^ " ''''' '''' ^-^' - of the ambition's"; Ir ii " ^^^ T'''' "°t ^'"^''^"^^ ^ ^^ ''' '''^^^^ possess their eonfidenerrrXLr;i^'^^^^^ posses. Mhcr than to tecrvo I, Ji ' ""° "''° '"k '« wMch ,he interests of theZ , """">"" P"^""' ""■"'^l™ i- .hose 4,^ts to^^ri ;" '^''"•"T'™'' "' '« '""Su-ansof .tocnd oppo*„IflrmolooT''T"^. *"• '° "*' "'^"■« '"™ be cited, in^^hich 1 cLTe, „!""'! 't'° "'V'"'- '"'""^ »>■«"' fatal consequence, of thei "I ^.^^ ^" Z 7f """" '°^ mcnt, of thcir gratitndo to thoTl T' T . '"°''"""' '""'"" ■"»"»■ ™on,h,ose„e.i„r„:;::r;:h:xir?" -" "■"-"'■""' 196 DEMOCRACY IN AMERICA. become a Senator, and the Senate was chosen by an elect- ed assembly of a limited number of members. 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 has the greater share of the people's over- whelming power, and it is naturally led to monopolize every species of influence. This concentration of power is at once very prejudicial to a well-conducted administra- tion, and favorable to the despotism of the majority. The legislators of the States frequently yielded to these demo- cratic propensities, which were invariably and courageously resisted by the founders of the Union. 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 only the blind agent and the passive instrument of its will. He can derive no power from the duration of liis office, which terminates in one year, or from the exercise of prerogatives, for he can scarcely be said to have any. The legislature can condemn him to inaction by intrusting the execution of its laws to special committees of its own members, and can annul his temporary dignity by cutting down 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 cannot be altered during this term ; the President is protected by a body of official dependents, and armed with a suspensive veto : in short, every effort was made to con- fer a strong and independent position upon the executive authority, within the limits which were prescribed to it. ♦ Not always. In several of the States, the compensation of the Governor cannot be lessened during his term of oflSce. So, also, the Grovemor's term is not always for a single year. In many of the States it is two, in som« it is three, years. — Am. Ed. lu t which i neverth to itsel] judges, immedii pointed portion iegislatii The Ser tain cas Constitu judicial indepenc shall not inalienab The J may easii remark t] ter cond conduct ( perate thj discretion combined consistenc I recaj words. The ex cipal dan^ ture to th( of all the branch. The del legislators have done THE FEDERAL CONSTITUTION. r 197 Im the State constitutions, the judicial power is tlmt which 18 the most independent of the legislative authority, nevertheless, in all tlie States, the legislature has reserved to Itself the right of regulating the emoluments of the judges, a practice which necessarily subjects them to its immediate mfluence. In some States, the judges are ap- pomted only temporarily, which deprives them of a ^reat portion of their power and their freedom. In others^ the legislative and judicial powers are entirely confounded. The Senate of New York, for instance, constitutes in cer- tam cases the superior court of the State. The Federal Constitution, on the other hand, carefully separates the judicial power from all the others; and it provides for the independence of the judges, by declaring that their salary shall not be diminished, and that their functions shall be inalienable. 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 bet- ter conducted than that of any individual State. The conduct of the Federal government is more fair and tem- perate than that of the States; it has more prudence and discretion, its projects are more durable and more skilfully combined, its measures are executed with more vigor and consistency. * wordr^^'^""^^*^ *^^ substance of this chapter in a few ^ The existence of democracies is threatened by two prin- cipal dangers viz. the complete subjection of the legisla- ture to the will of the electoral body, and the concentrttion branch ' ^'''^''' ""^ '^'' government in the legislative The development of these evils has been favored by the egislators of the States; but the legislators of the Union have done all they could to render them less formidable i 11 r!| 198 DEMOCRACY IN AMERICA. CHARACTERISTICS OF THE FEDERAL CONSTITUTION OF THE UNITED STATES OF AMERICA A3 COMPARED WITH ALL OTHER FEDERAL CONSTITUTIONS. TheAmciiru' IJmon appears to resemble all other Confederations. — Yet it« Effocta aie different. — Reason of thia. — In what tliis Union differs from all other Confederations. — The American Government not a Fed- eral, but an imperfect National Government. The United States of ALmerica do not afford the first or the only instance of a contederation, several of which have existed in modem Europe, without adverting to those of antiquity. Switzerland, the Germanic Empire, and the Republic of the Low Countries, either have been, or still are, confederations. In studying the constitutions of these different countries, one is surprised to see that the powers with which they invested the federal government are nearly the same with those awarded by the American Con- stitution 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 pro- viding for the general exigencies and the common interests of the nation. Nevertheless, the federal government of these different states has always been as remarkable for its weakness and inefficiency as that of the American Union is for its vigor and capacity. Again, the first American Confederation perished through the excessive weakness of its government; and yet this weak government had as large rights and privileges as those of the Federal govern- ment of the present day, and in some respects even larger. But the present Constitution of the United States contains certain novel principles, which exercise a most important influence, although they do not at once strike the observer. This Constitution, which may at first sight be con- founded with the federal constitutions which have preceded it, rests in truth upon a wholly novel theory, which may ,r m i m imTmiiii( mi* ii m m m-,tatmt THE FEDERAL CONSTITUTION. 100 be considered as a great discovery in modern political sci- ence In all the confederations which preceded the Amer- lean Constitution of 1789, the allied states for a common object agreed to obey the injunctions of a federal govern- ment; but they reserved to themselves the right of ordain- ing and enforcing the execution of the laws of the .niion. Ihe American States which combined in 1789 acrreed that the Federal government should not only dictate the 'laws, but should execute its own enactments. In both cases the right is the same, but the exercise of the n , THE FEDEKAL CONSTITUTION. Jfll e*ch of the confederate states in a body, this covcniment whch « ,0 ossentiaUy different fro™ ^all othe'Z s "X Fedend Another form of society is afterwards dLcover^C m which several states are fused into one with regard to certain common interests, although they remain dSt or only confederate, with regard tt all other conce^ In this case the central power acts directly upon Te J," n^ir " """ T' J-''^- in the sLe'mann r!^ a nauona government, but in a mo.« limited circle. Evi! dently tlm ,s „o longer a federal government, but an .ncomp ete national government, which is neithe ex ct^ national nor exactly federal; but the new word wWch ougU to express this novel thing does not yet exist Ignorance of this new species of confedemtion has been ^e cause which has brought all unions to civil war, to sei^! vitude, or to mertness; and the states which formed these eague. have been either too duU to discern, or too pS lanimom to apply, this great remedy. The fikt AmerSn confederation perished by the same defects. But in America, the confederate States had been Ion.. Sabit 'f *'" '"''^P»"'l^»'=«! *% had not contracted the oni^ nr • 7"";^""'''''' complel^ly; and their na- tional prejudices had not taken deep root m their minds Supenor to the rest of the world in political knowwl and sharing Uiat knowledge equally longst themselvS they were httle agitated by the passions which generally oppose the extension of federal authority m a nalon, and e»t men. The Americans applied the remedy with firm- ness, as soon a. they were conscious of the evil ; they amended their laws, and saved the country ^ 202 DEMOCRACY IN AMERICA. II r..- j, >;■' 9|H 1' •' tf Mh % ^^^i^ 'i ADVANTAGES OF THE FEDERAL SYSTEM IN GENERAL, AND ITS SPECIAL UTIUTY IN AMERICA. Happiness and Freedom of small Nations. — Power of great Nations. — Great Empires favorable to the Growth of Civilization. — StrcngtJi of- ten the first Element of National Prosperity. — Aim of the Federal Sys- tem to unite the twofold Advantages resulting from a small and from a large Territory. — Advantages derived by the United States from this System. Tlie Law adapts itself to the Exigencies of the Population ; Population docs not conform to the Exigencies of the Law. — Activity, Progress, the Love and Enjoyment of Freedom, in American Commu- nities — Public Spirit of the Union is only the Aggregate 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 one. In small states, the watchfulness of society penetrates fiito every part, and the spirit of improvement enters into the smallest details ; the ambition of the people being necessarily checked by its weakness, ail the efforts and resources of the citizens are turned to the internal well- being of the community, and are not likely to evaporate in the fleeting breath of glory. The powers of every individ- ual being generally limited, his desires are proportionally small. Mediocrity of fortune makes the various conditions of life nearly equal, and the manners of the inhabitants are orderly and simple. Thus, all things considered, and al- lowance being made for the various degrees of morality and enlightenment, we shall generally find in small na- tions more persons in easy circumstances, more content- ment and tranquillity, than in large ones. When tyranny is established in the bosom of a small state, it is more galling than elsewhere, because, acting in a narrower circle, everything in that circle is affected by it. It supplies the place of those great designs which it cannot entertain, by a violent or exasperating interference in a multitude of minute details ; and it leaves the political Jtti(MK>««,;*»iMa««lil«<»«**»^ THE FEDEBAL COSSTITDTION. 208 world, to which it properly belongs, to meddle with the amngement. of private life. Tastes as well as actions are to be regulated ; and the families of the citizens, as well as the state, are to be governed. This invasion of rights occurs however, but seldom, freedom being in truth tie uatund state of small communities. The temptati „ whch the government offers to ambition are too weak and the resources of private individuals are too slendt,' for tlie sovereign power easily to fall into the grasp of a of the state can eosdy unite a.,d overthrow the tyrant and the tyranny at once by a common effort. J^'^^T'""' ''T *'■'"''''"•'' ^^-^ ^"^ "'o cradle of ' poht.«d bberty ; and the fact that many of them have l^t the,r hberty by becoming larger, shows that their fi-eedom ' was more a consequence of their small size than of the ■ character of the people. - The history of the world affords no instance of a great nation retaunng the form of republican gove„,ment for a haf rr t/'"-'* ""* "''^ ''" '"-J 'o *« conclusion that such a tlnng ,s impracticable. For my own part, I tlunk .t imprudent to attempt to limit what is possible, and to judsre the ft,ture, for men who are every day deceived in relation to the actual and the present, an'd often taTenW urpr.se m the cn-cumstances with which they are most amihar. But ,t may be said with confidence, fhat a g^^a repubhc wdl always be exposed to more perils than a smi AH the passions which are most fatal to republican insti- tutions mcrease with an increasing territo,;, whilst tt virtues which favor them do not "augment^; the same Sr: ^'^T''""" " P"™'^ citizens trZ with the power of the state ; the strength of parties, with ^^ :i?33af-^«esswes^*n 204 DEMOCRACY IN AMERICA. y/ the importance of the ends they have in view ; but the love of country, which ought to check these destructive agencies, is not stronger in a large than in a small republic. It might, indeed, be easily proved that it is less powerful and less developed. Great wealth and extreme poverty, capital cities of large size, a lax morality, selfishness, and antagonism of interests, are the dangers which almost in- variably arise from the magnitude of states. Several of these evils scarcely injure a monarchy, and some of them even contribute to its strength and duration. In monarch- ical states, the government has its peculiar strength ; it may use, but it does not depend on, the community ; and the more numerous the people, the stronger is the prince. But the only security which a re})ublican government pos- sesses against these evils lies in the support of the majority. This support is not, however, proportionably greater in a large republic than in a small one ; and thus, whilst the means of attack perpetually increase, both in number and influence, the power of resistance remains the same ; or it may rather be said to diminish, since the inclinations and interests of the people are more diversified by the increase of the population, and the difficulty ol* forming a compact majority is constantly augmented. It has been observed, moreover, that the intensity of human passions is height- ened 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, political passions become irresistible, not only becaUo3 they aim at gigantic objects, but because they are felt and shared by millions of men at the same time. It may, therefor i, be asserted as a general proposition, that nothing is more oiT)osed to the well-being and the / I uf3mi S$mi t>iii^V^amufsamijeiim ifWgs»M i$tg >:mi».ugmmm9m.r THE FEDERAL CONSTITUTION. 205 freedom of men than vast empires. Nevertheless, it is important to acknowledge the peculiar advantages of great states. For the very reason that the desire of powS is more intense m these communities than amongst ordinary men the love of glory is also more developed fn the hearth of certam citizens, who regard the applause of a great peo- ple as a reward worthy of their exertions, and an eleva inc. encouragement to man. If we would learn why great na! tions contribute more powerfully to the increase of knowl- edge and the advance of civihzation than small states, we shall discover an adequate cause in the more rapid and energetic circulation of ideas, and in those great cities which are the intellectual centres where all the rays of human gemus are reflected and combined. To this it may ^ be added, that most important discoveries demand a use of ^ national power which the government of a small state I's unable to make: in great nations, the government has 7 more enlarged ideas, and i. more completely disengaged from the routine of precedent and the selfishness of local ^ feehng ; its designs are conceived with more talent, and executed with more boldness. In time of peace, the well-being of small nations is un- doubtedly more general and complete ; but they are apt to suffer more acutely from the calamities of war than those great empires whose distant frontiers may long avert the presence of the danger from the mass of the ;eople, who are therefore more frequently afflicted than ruined by the But in this matter, as in many others, the decisive argu- ment IS the necessity of the case. If none but small Z- tions existed, I do not doubt that mankind would be more lT.2ur "^ '• ""' '" '^'^'^"- "' ^- »-'- « nif -r' 'f"^^ """ '"™™' a condition of national prosperity. It profit, a state but little to be affluent and 206 DEMOCRACY IN AMERICA. N- V. free, if it is perpetually exposed to be pillaged or subju- gated ; its manufactures and commerce are of small ad- vantage, if another nation has the empire of the seas and gives the law in all the markets of the globe. Small na- tions are often miserable, not because tlioy are small, but because they are weak; and great empires prosper, less because they are great, than because they are strong. Physical strength is thei-efore 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 lai-ge empires in the end, either by force or by their own consent. I know not a more deplorable condition than that of a people unable to defend itself or to provide for its own wants. The Federal system was created with the intention of combining the different advantages which result from the magnitude and the littleness of nations : and a jrlance at the United States of America discovers the advantanes n iUch thev have derived from its adoption. In great centralized nations, the legislator is obliged to give 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 po]>ulation are obliged to conform to the exigencies of the legislation, since the legislation cannot adapt itself to the exigencies and the customs of the population ; which is a great cause of trouble and misery. This disadvantage does not exist in confederations ; Congress regulates the principal measures of the national government ; and all the details of tlie ad- ministration are reserved to the provincial legislatures. One can hardly imagine how much this division of sov- ereignty 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 th enerjo centrj juxta] which every the Icj stimul This s ican r the an danger in Am( republii ui)on tl and it i fortunes Americ instead i It is of repul created In a sm where c: political no wars honor cai ment can pMoHc. manners created a be afterw; spirit of t aggre£:jite Provinces. «(ti»ttS»«»»i*!«*Ma8ii!«iM^^^^ THE FEDERAL CONSTITUTION. £07 central government of elcl StatT i/T"™"™'^- ^'"' juxtaposition to the eitCs I, ,11 " '" '"""^''^'^ wl.icl, arise in society "^ ''"'^ "PP™^-! of ,l,o wants -er, year, ^^k^2 [l^^ZZT'""' "" ^''""^'' the legislature nn,l v i ,^'^ *» town-meetings or by -•muCtet'rrt '"to'e:rr"';'"'' "^/''^ "-- - This spirit of improvementT . '". '"^" "'^ ""^ '="«<^'''- ican republics wX, '™^'"""y «'ive in the Ametv ti.e ambition :f;:^:ViXT";i:'"f "'^■'- '""""-""'y' dangerous desire' J ^S! t -"^ "'"r' ""'' '''^^ in America, that the existenc?and 1 " ^'"""^ '"'""■<'<' republican form of goyerlelTn t 7"'"' w"""'= "^ "'" upon the existence anJrt , ^'^ ^^'"•''> J'=Pe"d and it is not «n„ LT to a .r ''",°'""' ^'"'''^'■=" ^y^'<"» ' fortunes whichlave hen ' ■." ''^^'' ^''"^^ °*' ""= ■"-- America to fte inl,n '™ *'^. "^^ States of South '■■-dofadilSZLreT^^^^^^^ created in tlie town.!,;... "'^^^"^^^^d States were first In a small Statr^'L™ CoX- r, ^'•™'"'- where cutting a canal or laving 1™'! If is'"'"""' pohfcal question, where the State halno a™y tl ''™,' "0 wars ,0 cany „„, ,„„ ,„,,,, much .^2h '"^ "",'' honor cannot be river a h i " "' ""'c'l ...ent can be more'^rat^ra oV ' "" """^ "' «°™™- I'^iie- But ,t is th « , fPl"-''P"^'<' "'an a re- ".anne. and u „m ofa l"'""'?" '"''"'' '' '' "'- -eated and nurtted i^ the ^/"': \"''"'' '"'™ •"•- be afterwards apnliedtlH "' S'""'^. "''ieh must iius applied to the countrv at Inro-o an i .- spiru or tue Union ,•= .^ * '^J at laige. 1 he public ^^...or^::;r'jt:s::::;'~*»» P-mces. Every .ti.n „f L Vni.^tlX^^Z HHHHBW PIW^ j '■■ 1 ' 1 ' B 1 i" i * 1 Jr"'-" I .1 { ( ■ 208 DEMOCRACY IN AMERICA. 80 to speak, 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 State or county, the right of conducting its affairs, and the hope of causing measures of improvement to be adopted in it which may be favorable to his own interests ; and these are motives which are wont to stir men more than the gen- eral interests of the country and the glory of the nation. On the other hand, if the temper and the manners of the inhabitants especially fitted them to promote the wel- fere of a great republic, the federal system renders their task less difficult. The confederation of all the American States presents none of the ordinary inconveniences re- sulting from great agglomerations of men. The Union is a great republic in extent, but the paucity of objects for which its government acts assimilates it to a small State. Its acts are important, but they are rare. As the sov- ereignty of the Union is limited and incomplete, its exer- cise is not dangerous to 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, great capital cities, colossal wealth, abject pov- erty, and sudden revolutions are alike unknown ; and polit- ical passion, instead of spreading over the land like a fire on the prairies, spends its strength against the interests and the individual passions of every State. Neverdieless, tangible objects and ideas circulate through- out the Union as freely as in a country inhabited by one people. Nothing checks the spirit of enterprise. The government invites the aid of all who have talents or knowledge to serve it. Inside of the frontiers of the Union, profound peace prevails, as within the heart of some great empire ; abroad, it ranks with tho most power- fill nations of the earth : two thousand miles of coast are open to the commerce of the world ; and as it holds the 11 ««»Jil!>«»»«to.-»,*WjSt«,5^.Jt^»»*,jfc4«*«^^ THE FEDERAL CONSTITUTION. 209 keys of a New World, its flag is respected in ih. . remote spn^i Ti,« tt • - -, ^ respected m the most Pie, and glorious and strong as a great nation. WHY THE FEDERAL SYSTEM IS NOT PRACTICABTV .nr, ... aaop.. .e".eaer'^-::- ttr ■'""' -"'^ '-" - When a legislator succeeds, after many efforts, in e«r- c.s.ng an anArect influence upon the destiny of nations h, genms .s lauded by mankind, whilst, in point of Zt)^ geographical position of the country which he is n^U^Z ange, a social condition which aro'se withou his Tlone ! afon, manner, and opinions which he cannot trace to^h r ource, and an origin with which he is unacquainted" exe hat ho .s umself borne away by the current after an S- xu»el which bears him, but he can neither chancre it. tTh-Zir '•'«-''--•■" ''■e.attni:: 1 have diown the advantages which the American, .!» n> > f i ..il 210 DEMOCRACY IN AMERICA. ■ rive from their Federal system ; it remains for me to point out the circumstances which enabled them to adopt it, as its benefits cannot be enjoyed by all nations. The acci- dental defects of the federal system which originate in the laws may be corrected by the skill of the legislator, but there are evils inherent in the system which cannot be remedied by any effort. The people must therefore find in themselves the strength necessary to bear the natural im- perfections of their government. The most promuient evil of all federal systems is the complicated nature of the means they employ. Two sov- ereignties are necessarily in presence of each other. The legislator may simplify and equalize, as far as possible, 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 coming into collision at certain points. The federal system, therefore, rests upon a theory which is complicated, at the best, and which demands the daily exercise of a considerable share of discretion on the part of those it governs. A proposition must be jilain, to be adopted by the under- standing of a people. A false notion which is clear and precise will always have more power in the world than a true principle which is obscure or involved. Hence it happens that parties, which are like small communities in the heart of the nation, invariably adopt some principle or name as a symbol, which very inadequately represents the end they have in view and the means which they employ, 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. In examining the Constitution of the United States, which is the most perfect federal constitution that ever existe the a peoph the U Unior the m cemed Aft( ties re] eignty that it glance. ficial ai people own afi not des( never b judgme they elu Federal America facility from the after ha come un the local point ou the Fede TheC fine creat renown t( hands. ' ico at the establishir Constituti ■t'iiuausikie Uni^n^nTSe Z iet oL Tu ^fe'trur.ir:/r' " ^^°""'"'^' -=-" - I ""-■^Viw.-- fr..W::a 212 DEMOCRACY IN AMERICA. their model, and copied it almost entirely.* But, although they had borrowed tlie letter of the law, they could not in- troduce the spirit and the sense which give it life. They were involved in ceaseless embarrassments by the mechan- ism of their double government ; the sovereignty of the States and that of the Union perpetually exceeded their respective privileges, and came into collision ; and to the present day Mexico is alternately the victim of anarchy and the slave of military despotism. The second and most fatal of all defects, and that which I beheve to be inherent in the federal system, is the rel- ative weakness of the government of the union. The principle upon which all confederations rest is that of a divided sovereignty. Legislators may rerder this partition less perceptible, they may even conceal it for a time from the public eye, but they cannot prevent it from existing ; and a divided must always be weaker than an entire sov- ereignty. The remarks made on the Constitution of the United States have shown with what skill the Americans, while restraining the power of the Union within the nar- row limits of a federal government, have given it the sem- blance, and to a certain extent the force, of a national government. By this means, the legislators of the Union have diminished the natural danger of confederations, but have not entirely obviated it. The American government, it is said, does not address itself to the States, but transmits its injunctions directly to the citizens, and compels them by isolation to comj)ly with its demands. But if the Federal law were to clash with the interests and the 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 indi- vidual who should refuse to obey. If all the citizens of the State were aggrieved at the same time and in the same • See the Mexican Constitution of 1824. manr ment they woulc the so tion w the na Tiu Federi an inv thouffli o aggriei repress He who sh fictions those n left ope have K less proi fortune. collision the Fed( possesse( * For ir ing anoccn should clai own bound alone which consequentl be carried c Ohio and tl and the Uc eral purcha* whilst the ot of the State •**l»«-fe««l*. ''**>'»^**»»«»««*l»«MI««*».-«*«».**«.s«S#«^ THE FEDERAL CONSTITUTION. 213 manner by the authority of the ITninn .v r i , ment would vainly attimnt ,„ .1 7' ^' ^"'^""^ S"™™' tl.e.y would instinctivlT,;; ;:■'':''": ""="■ i'"livid„ally : ;vould find an organiiti™ airL; = t^T ""' t.-.tio,. ^,fz::::::::!ztz^:^c'"" " represented by its courts of justice * ^"''" left open to them tI ^ ^ '""' '^''"^^ ^^^^ been ess probable, have not destroyed tTe Zsl ofTT'^"-' possessed of n>oney and troops, U: ^^Ll'l^Z; .hould claim ,he «.„, ri„,„ i„ Z^l J "^ "'° ^'°'° "^ <"'» owa boundaries. „po. ,he lltht t^. r '"■'"'" '""" ''''"« "'"'■■' "» alone which do no. bc,„„l m « „ ''°.°°°'"'""»" «f™ •» .ho.e ,„„ds po.„„„„ .„„,a c*i ;: *;;r: r: "ir s .r '""■ -"' be carried on, it is true in the nam„. f "" litigation would Ohio and the'purchaserLt lunl T'^'^'^ '''^'^ ''' ''^^^ ^^' and the Union. But what wLd h. ' T. ""' '" '^'^ "'^'"^'^ ''' ^^o eral purchaser w. eonfirlTt' ht^^t ^tl"'^ '"^^'^' ^' ^'^^ ^^^■ whilst the other competitor was order d to taL^ ""^ '' '''' ^"•«"' of the State of Ohio ? ^° possession by the tribanala : ' ;! ii ' II "'is ^%, ^. ^< .0^. \^^ IMAGE EVALUATION TEST TARGET (MT-3) /. 4is 1.0 IriM IIM I.I WUl- M 2.0 1.8 1-25 1.4 1 1.6 -^ 6" ► % ^^ / ^ /A PhotDgrapliic Sciences Corporation 4 V 4t>^ ^\ «>. ^*^ ^'^'\^<^ '^'h'- O^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 5^ .\ 6^ 11! ! 214 DEMOCRACY IN AMERICA. the affections and the prejudices of the people. The sov- ereignty of the Union is an abstract being, which is con- nected with but few external objects; the sovereignty of the States is perceptible by the senses, easily understood, and constantly active. 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 self-existent, without effort, like the authority of a parent. The sovereignty of the nation affects a few of the chief interests of society ; it represents an immense but remote country, a vague and ill-defined sentiment. The authority of the States controls every individual citizen at every hour and in all circumstances ; it protects his property, his "reedom, and his life ; it affects at every moment his well- being or his misery. 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 rests on the instinct of patriotism so nat- ural to the human heart. Since legislators cannot prevent such dangerous collis- ions as occur between the two sovereignties which coexist in the federal system, their first object must be, not only to dissuade the confederate states from warfare, but to encourage such dispositions as lead to peace. Hence it is that the federal compact cannot be lasting unless there exist in the communities which are leasued together a certam number of inducements to union which render their common dependence agreeable, and the task of the govern- ment light. The federal system cannot succeed without the presence of favorable circumstances added to the in- fluence of good laws. All the nations which have ever formed a confederation have been held together by some common interests, which served as the intellectual ties of association. But men have sentiments and principles, as well as mate- sepj ns THE FEDERAL CONSTITUTION. 216 ial interests. A certain uniformity of civilization i. n ♦ difference between the fifteenth nn^ .1, • *^'® ihe circumstance which nintA= ,v x . Federal o-nvp^rv, * • a . ^* ^^^3^ *<> maintain a language, but that they are also arrivlrf.* ?^ " of civilization ; which almost !t f '*"' ''^ ,-n»ll .A-^ ? "'^ ""y European nation, howeve, rit„r . . '^""'™™ people, which occupies a ter- ntory as extensive as one half of Eurone Thr,!-! from Maitio tn f„„_ • • 1 '-'"rope, itie distance thr^-ff t^^o'^g'^ « about one thousand miles- but the difference between the civilisation of Maine ^d tb^t nf Georgia .s slighter than the difference between he hl^ empire, l^Sl^rlrlj^:^' ■:Z'^''- "' 1^"'^' confederation than Normld/ l"t Z: wMet™ " separated only by a brobk. ^' '""'' °'"^ The geographical position of the country increased the fac.ht.es wh,ch the American legislators derived frot! b manners and customs of the inhabitants a^it if to tw! c.rcumsta„ee that the adoption and the ^aintelee of he Federal system are mainly attributable. "" Xhe most important occurrence in tho llfc f « the breaking out of a war Tw»r , " """''" s "I a war. Jn war, a people act aa one ' ! 2W DEMOCRACY IN AMERICA. man against foreign nations, in defence of their very ex- istence. The skill of the government, the good sense of the community, and the natural fondness which men al- most always entertain for their country, may be enough, as long as the only object is to maintain peace in the interior of the state, and to favor its internal prosperity ; but that the nation may carry on a great war, the people must make more numerous and painful sacrifices ; and to suppose that a great number of men will, of their own accord, submit to these exigencies, is to betray an ignorance of human nature. All the nations which have been obliged to sus- tain a long and serious warfare have consequently been led to augment the power of their government. Those who have not succeeded in this attempt have been subjugated. A long war almost always reduces nations to the wretched alternative of being abandoned to ruin by defeat, or to des- potism by success. War therefore renders the weakness of a government most apparent and most alarming ; and I have shown that the inherent defect of federal govern- ments is that of beinor weak. The federal system not only has no centralized adminis- tration, and nothing which resembles one, but the central government itself is imperfectly organized, which is always a great cause of weakness when the nation is opposed to other countries which are themselves governed by a single authority. In the Federal Constitution of the United States, where the central government has more real force than in any other confederation, this evil is still extremely sensible. A single example will illustrate the case. The Constitution confers upon Congress the rio-ht of " calling forth the militia to execute the laws of the Union, mppress 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 miHtia of the Northern •>»»»'ii»^<*«Mte^|WWii<>8>i«ii^M.-«^^^^^ THE FEDERAL CONSTITUTION. refused to obo; th on^^rr IT """"'^'' ''^ ««' -"• "itution authorizes ZTlJ':! ^^'^ *" "•« ^on- *e militia in ease of i„^'^- So™™"'^"' to call forth present instance, there ^^^iT"- '""*"'' ''■" '" ""' tion. They added that 2 r.'"™'"" ""' '""<"^ ferred upon" he uL^ hf rirrf^r'^'r "'"■"" ''''- active service, reserved to ttsL^TZ'lf ""''" '^ officers ; and consequently ra, thl j """"'"8 *« no officer of the Union hi ^ "»'l«'^'ood the clause) ■nilifa, even dulg": " eiXf M """"^""^ *« and in this case, they w rl M r^^f^""™' ■'" P-""-" "anded by another individuT Th . T '? """^ ™-"- cious doctrines received hT! J ^""""^ '"<• P«™i- ernprs a„d the ieSe'trrrir Jl*^^ «- quired.* elsewhere the troops which it re- anthr.tr;j:^,:t ';i*f ^--•- ^"--•••. the occurrence of a ^::twar? TtW" '''""''' ''^ great wars to fear. Placed fn ,^ ""^•^' " ""^ "» * Kent's Commentaries, Vol. I n 944 t u 'vhuh relates to a time long after the nror!; , • '''"'*"'' "^^ ^^^'np'e ^- I^ I had gone baclT to t eXTr^l '''• ^'^^^"^ ^--•- g'ven still more striking instances. tL wh' L^H "' ' '"'^'* ''-« «tate of enthusiastic excitement • the rZ. ! " """^ "* '^'' ^'"^ i° a Who was the idol of the peopl : ' f; "" "" "^''^^ ^^ « ™- «ay the truth, no resources at al at ts dit T'^f""'' ^'""^''^ ^< to perpetually .anting. The bestde isTd p 1 el , T ^^ T' ^"^P"- -- «he Union, constantly on the verge rfderuedol " ''' ^^""'''">' -'^ ae« Of ,ts enemies far more thanT, iJ^Z:^'' ^^^ ''^ ^^^^ -ak. I iu«<»i«« I'AKTIES IN THE UNITED STATES. 221 II ' CHAPTER X. PARTIKS 11, THE UOTTED STATES. Oml Di.iinoion to be modo between P«nl.. t. . other ^ rival N«ien.._prZ „^"T~'^'""* '""* «™ «> "^I. •ween great and .mall Par,,^r-F.»,T I't ™''°'--'"*'»°'» >- Ch^acteri.tica.-Ameririr.f'^ '"'"'''■ P"''"" ''""••-Their F».er.li„.._„,pJ,:: ,1-„''^J^»' ^^^^^^^ opting Partie. i„ „,. United We. t. »'™'"''^ '>'' tion._A,i.,.era.ie or vZTjTaTT ' ''°°° "'"■ ""^ '»«"• ««• - s". ..e Of Gene^-s: n^rt-r ;r ' "" '■■ ■" ^"- P^-perly be considered as d Zt L^^'t' ""^ '"""' parties ,• and if a civil .rar U^^Ltl '^'''", "^ '"'^^ - on., ..aisles ..,e/.t t'^rilCC ::rcrjid ITS'- r .^^'^^^^^^^^^^ fi« governments ^blr;i,/, "■' * ""="''^'7 «"' i" cHaf er and t 'sat tZ^^ " "" '""^ "'« ^ -«-" periods, a nation „ay be oppressed by such I I ttfli ;| i : 1 : ■M ! " ! •i.jj ^ i f ^ 222 DEMOCRACY IN AMERICA. insupportable evils as to conceive the design of effecting a total change in their political constitution ; at other times, the mischief hes still deeper, and the existence of society itself is endangered. Such are the times of great revolu- tions and of great parties. But between these epochs of misery and confusion there are periods during which hu- man society seems to rest, and mankind to take breath. Tliis. pause is, indeed, only apparent ; for time does not stop its course for nations any more than for men ; they are all advancing every day towards a goal with which they are unacquainted. We imagine them to be stationary only when their progress escapes our observation, as men who are going at a foot-pace seem to be standing still to those who run. But however this may be, there are certain epochs at which the changes that take place in the social and politi- cal constitution of nations are so slow and insensible, that men imagine they have reached a final state ; and the human mind, believing itself to be firmly based upon sure foundations, does not extend its researches beyond a cer- tain horizon. These are the times of small parties and of intrigue. The political parties which I style great are those which cling to principles rather than to their consequences ; to general, and not to special cases ; to ideas, and not to men. These parties are usually distinguished by nobler features, more generous passions, more genuine convic- tions, 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 some- times concealed from the eyes of the very persons whom it excites and impels. Minor parties, on the other hand, are generally deficient in political good faith. As they are not sustained or digni- PARTIES IN THE DOTTED STATES. 228 fied by loftjr purposes, they ostensiH^ ,i; i .i ness of their character in ^, ".'"'""P'^ ''"P'ay the selfish, a factitious .eal 7^ an! 1" -"""'i ''"'"'^ «•<>- -'"' conduct is ti,„id and r ,olu f V '""' ' ■"" '''"•' -P% are as wretched Ltt e^^^TT r'^"'' *«^ Hence it h„ppe„, ,,,„. „,,""' ^""^ *' »''"cl> they aim. Holent revolu i™ ; r;.:^'™ " "''" """' ^^-"•'s a •nd the powe. of CLZn S t r™'^ '" '''"P^'' ciety is convulsed by cnw ^ • "^ concealed. So- minor ones; it^s ta-n^bTtr T' " " ""'^ "^''^cd by degraded; and if tl Lf sott "' '^ "" '""» '» ^ perturbation, the last invtriaTyTtlT: " "' " "'"'^■^ America has had ,ren, Tf- I , " '" "" «<«"• end. and if her happinl ir LXl 1 '"1 ."■^■" "" '""«-' momlity has suffered. wtVZ K'""^'^'^'^'' was terminated, and the 1^1^; "^ ■"''''P-<'™ce ment were to be laid down the 1,- "7 «°™™- tween two opinions -tZ • °" """^ ''"'ded be- tl.e world, a„d^vlh~prplT^1'"'' ''" ^' "''' "» different forms and yaril™ ^!^ '° "^^^ -' -"■■ -der -the one tending to limit the li' . communities, the power of the peop e r^,! ''« " T"'^ indefinitely, opinions neyer assnm« Ihafd T ^"''™ "'^^^ 'w° which it has frequenTy diit Tt . *""' '" ^""'™'' of the Americans tie TS ! "T- ^'•* P""- points ,. and neither oHheTh!, T". "" ""•*' '=^'™"''l tution, or to oyerthrow the Tt ^ t"™^ ^ °" "onsti- 'ri^pl.. In ne'^lr of L "^ ""'''''^' '" """^^ '" but moral principles 'fit- ft ^-^ ™ceess or defeat: equality and of iLl. . ^^ °"'"''' ™'='' ■« *« loye „f struggK and tfese sut , tolinT -T"^™^ ■" *"" The party which des'ed to t^! 7. ' ""''""'• people, endeayored to apl i^ aT- ** P"^*"- "^ *e -«.eCo„.«tutionoft^'^C""rceTde:a H 224 DEMOCRACY IN AMERICA. name of Federal. The otlier party, wliich affected to be exclusively attached to the ciiiise of liberty, took that of liepuhlican. America is the land of democracy, and the Federalists, therefore, were always in a minority ; but they reckoned on their side almost all the great men whom the war of independence had produced, and their moral power was very considerable. Their cause was, moreover, favored by circumstances. The ruin of the first Confederation had impressed the people with a dread of anarchy, and the Federalists profited by this transient disposition of the mul- titude. 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. In 1801, the Republicans got possession of the government: Thomas Jefferson was elected President ; and he increased the in- fluence of their party by the weight of his great name, the brilliancy of his talents, and his immense popularity. The means by which the Federalists had maintained their position were artificial, and their resources were tem- porary : it was by the virtues or the talents of their leaders, as well as by fortunate circumstances, that they had risen to power. When the Republicans attained that station in their turn, their opponents were overwhelmed by utter defeat. An immense majority declared itself against the retiring party, and the FederaUsts found themselves in so small a minority, that they at once despaired of future suc- cess. From that moment, the Republican or Democratic party has proceeded from conquest to conquest, until it has acquired absolute supremacy in the country. The Fed- eralists, perceiving that they were vanquished without re- source, and isolated in the midst of the nation, fell into two divisions, of which one joined the victorious Republicans, and the other laid down their banners and changed their name. Many years have elapsed since they wholly c(;ased to exist as a party. PARTES m THE UNITED STATES. 5J2S The accession of the PcdcralUt, t„ opinion, one of the most fort, *°,^'""' «■»■'. in my panied the formation "f ,t *! T"''"" "■'"^'' "^™"'- "•"ir age. But whether tlfeir I • ' """""^ ""^ "■ey had the fi.„It „f Te'w „„ ''^,7 ''''° ^'^ " '«''• society which they Sd to"!o ' "' V^"^"' "> ""> occurred under the a„ sj es "f TP' """ """ "'''^'' '-« taken place sooner' rl.tr BurtI ""' "'"*" at least gave tlie new reDuhHlr ""■ g°™'-nn>ent stability, and afterwal to t^p^wi'tt 7"''"' " ^"'»'" the rapid growth of fl,« '"PP«^ * without inconvenience oomhat:,,. ^A"ctn:Le:h;L^r:; r- "-^^ " moreover, were embodied »t l!!. • , ''°"' P""C'Ples, their opponent.; andXpe,.: r tV:.'"-',--" of sists at the present dav !, i '""'"«>''' ^"J.ich sub- patriotism and the"r tliom " '"^ '"™™^"' »' *-> ".ay be found ;:„■ ZeZ'VT: ""T'"^' ''''^' but there am none which stem t" ^ ^^ "" ^"'°" ' of goven,ment, or the pZnt '^ *e present form parties by which the Unir T, ""! "^ "^'^'y- The P-ncipIes! but npo: tli ~ %",:' '■^' "''- constitute, in the different nrov.-r 7' ^^ '"'^'®«ts rival nations ...her Tan 'Irfe t1"'"' "" ''"'^^''' occasion [1832], the Nortlf contended for T" " '"""' commercial prohibition »n^ T S , *" "y^"™ of favor of free tn.de iZrb! ^'J '""''' "P ^^ ■" t-ing and the strafa^ Xnll "* ' " ""'"'^''- restrictive system whl.l. ^™'""»' commumty ; and the prejudicial IZ oTht "" ^ """"^ '» "^ -«- was With w :rveS.''::r t-^-^'- -^ ^-- -™ -a thousand mi„rhrof'S:enr:;„;„S 226 DEMOCRACY IN AMERICA. of detail. 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, be- cause all religion is respected, and no sect is predominant ; there is no jealousy of rank, because the people are every- thing, and none can contest their authority ; lastly, there is no public misery to serve as a means of agitation, because tlie physical position of the country opens so wide a field to industry, that man only needs to be let alon^j to be able to accomplish prodigies. Nevertheless, ambitious men will succeed in creating parties, since ic is difficilt to eject a person from authority upon the mere ground that his place is coveted by others. All the skill of the actors in the political world lies in the art of creating parties. A polit- ical aspirant in the United States bo^gins by discerning his own interest, and discovering those other interests which may be collected around, and amalgamated with it. He ihen contrives to find out some doctrine or principle which may suit the purposes of this new association, and which he adopts in order to bring forward his party and secure its popularity : just as the imprimatur of the king was in for- mer days printed upon the title-page of a volume, and was thus incorporated with a book to which it in no wise be- longed. This being done, the new party is ushered into the political world. All the domestic controversies of the Americans at first appear to a stranger to be incomprehensible or puerile, and he is at a loss whether to pity a people who take such ar- rant trifles in good earnest, or to envy that happiness which enables a community 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 those two great divisions which ha'/e always existed in fi:ee (Communities. The deeper we penetrate into the inmost '■^«™s m THE vmjBO STATES. ., , ^ "'' SPATES. 097 "■ought of these parties tl.» , object of tJ,e „„e TX^^rJ" "" P«^^^'™ «>»* the •end, the ,ut,,oritv of .^^ 'l'",'' ""f "^ ">« o«her to e^! ostensible purposef ^ Jt |:^., ' '" ""' '^^ *« tte 'c.™ parties is ,„ ;» ""' " e secret aim, of Ame.. "•oe-ey in „,« 00..',; Ifj "'^ of aristocae^ or cle- democratic passions may eal I, """ "^t^.ratic or »f «"! parties, and tl,at, a! h thV""'"' *" *^ ''««'»" otervation, they are the n „ n„- ^ T"^^ * '"Pe'^icial "on in the United States """' ""' '"'^ "^ every fte- -taclrthe Brr'.rc?„n.:r^''^" ^-*"' ■'aei.son were fo^ed; the ^1^3 T ""'r"' ='"'' P""- T'ank, the common people round trp""'"^ '»"»<' "'« must not be imaoined tl,,, 1 ^ "'° President. But it Jn.-on upon a ^'t^, 'X ''»" '""^'^ ^ -.iona' he most experienced stat^mef u """^ '''■*^"'"'<'^ '» Bank .s a g„at establishmr liH i; "" '""''"'■ ^he existence ; and tl.e people " . '^ "" 'ndependeut make whatsoever thev tI ^''''"''"'nied to make and un *tacle to their aS^Tthr 'f '" '"^«' -"■ «^ fl»et«ation of society, i, eomm ^'"'-"'^ "'« P^Tetnal permanent an institu&„ and H ^^ ^ " '™'"'^ "^^ ^° to see whether it can be shaken ,ik '" T'' ■'• '" ""ler snaken. like everything else. KBMAIN3 OF thp ,„,„_ THE AEISTOCBATIC PAKTT ,N T„p ,^ STATES. ^ raiTED Secret Oppo.fti„„ of wcM. i„,. ., ■nent- Their T . , ' '"■'""■'nah to Democracv ti. • _, -ilieir Taatwforexclufiii-B PI ™'^- — Their Retim. It sometimes hamer^^ ,« opinions preva,-l, that the LanCof ''""'"^' "■■»"" ^"""n' --- -- «n ir^istlr;:-- tx^^^^^^ 228 DEMOCRACY IN AMERICA. all obstacles, annihilates its opponents, and appropriates all the resources of society to its own use. The vanquished despair of success, hide their heads, and are silent. The nation seems to be governed by a single principle, univer- sal stillness prevails, and the prevailing party assumes the credit of having restored peace and unanimity to the coun- try. But under this apparent unanimity still exist pro- found differences of opinion, and real opposition. This is what occurred in America ; when the democratic party got the upper hand, it took exclusive possession of tlie conduct of affairs, and from that time, the laws and the customs of society have been adapted to its caprices. At the present day, the more affluent classes of society have no influence in political affairs ; and wealth, far fi-om con- ferring a right, is rather a cause of unpopularity than a means of attaining power. The rich abandon the lists, through unwillingness to contend, and frequently to con- tend in vain, against the poorer classes of their fellow-citi- zens. As they cannot occupy in public a position equiva- lent to what they hold in private life, they abandon the former, and give themselves up to the latter; and they constitute a private society in the state, which has its own tastes and 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 ; one often hears them laud the advantages of a republican government and democratic institutions when they are in public. Next to hating their enemies, men are most inclined to flatter them. Mark, for instance, that opulent citizen, who is as anx- ious as a Jew of the Middle Ages to conceal his wealth. His dress is plain, his demeanor unassuming ; but the in- terior 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 P^MIES m THE miKD STATES. - w. 229 Buvrr r^:;« ?r'r --- --- "•"y accost him who pleales T^f ' ''^"^ "^-^ »"« npon the way, thev stnn 7 a ^ """"^ ''" cobbler f-- the ai^air/;;' i/^tte'^r ■ .J'"^ '"■" ^'"-'» they part. *'^'*' ^'^ ^hajce hands before o-t*:r tf:h:TS^^^^^ -' *-<> *»^- Perceivethat the rich hT \ '^ P"^"'' '' '^ «a»y to -tic -tit„tio„."ofarc:o'tr^'^* -^^^o-- power which they at once I ^i' . '^ ^^^P'^ f"™ a a«s. But the tongue of the tr "^"'"''^V of .he make itself heard, afd yl !„!" .^P"'^''- «■« ^>ill Plfehed; you have only i^^rei^PT '• T /'' ''"""'■ B not, like physical stren^rT , """^"''^ thought of its agen..Vnor caTSi'r"''™' T" *« """ber which compose an ar^r Q" -^ ""'" '*' *' ''~P' of a principle is ottJ^^^'tC^^' ^^ """"'"'y men by whom it is expres^d T^'*^ T"^' "™'''^'- o*' minded man, addressed [Hb. "'°''''' "'' ""^ 'trong- %, have mjre voZ'z:'^::^:!:^''^'. ^'^- orators; and if it be aUowp/f ? ''^ ^ thousand public place, the co^e^nTeVlbfit'^, k" ""' "'« mg was allowed in every vUla^r Z ,1 *"^ 'P'^"- must therefore be destroVafwell ^ t T^ °' *^'^^''' ">•«. And now you have ! , , ^'^"^y °f 'be d«.d to silence. Tut vlr T" ' ""^'^''^ '' '^ ' your object was to repress the ^;1i, I 232 DEMOCRACY IN AMERICA. abuses of liberty, and you are brought to the feet of a despot. You have been led from the extreme of indepen- dence to tlie extreme of servitude, without finding a single tenable j)osition on the way at which you could stop. There are certain nations which have peculiar reasons for cherishing the liberty of the press, independently of the general motives which I have just pointed out. For in certain countries which profess to be free, every individual agent of the government may violate the laws with impu- nity, since the constitution does not give to those who are injured a right of complaint before the courts of justice. In this case, the liberty of the press is not merely one of the guaranties, but it is the only guaranty, of their liberty and security which the citizens possess. If the rulers of these nations proposed to abolish the independence of the press, the whole people might answer, 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. In countries where the doctrine of the sovereignty of the people ostensibly prevails, the censorship of the press is not only dangerous, but absurd. When the right of every citi- zen to a share in the government of society is acknowl- edged, every one must be presumed to be able to choose between the various opinions of his contemporaries, and to appreciate the different facts from which inferences may be drawn. The sovereignty of the people and the liberty of the press may therefore be regarded as correlative ; just as the censorship of the press and universal suffrage are two Lhings which are irreconcilably opposed, and which cannot long be retained among the institutions of the same people. Not a single individual of the [thirty] millions who inhabit the United States has, as yet, dared to propose any restric- tions on the liberty of the press. The first newspapei over which I cast my eyes, upon my arrival in America, contained the following article : — prcscrvuHon of l,i,, „,,„ „„.,^ "7"''/° "'^ ""^-I-ieJ with tlj """gue will ,o„f„u„a ,4 „. ck"'S7 •■." "'"ive oleraenl, and "e governs by mean- of ,. ' ,. ''"P'"" '"■» of his power -H-dound .o' In; a^e 7::";""" "'^ '"""o™' P.-^: Po'iti«.l arena ,,„,, ^,„ ,,„ "'f a" l"""', "" """"''"' '» "'« »'-. He ,„cceeded at tl,e le ^ 'T' f '' »■"» '-'- ga„,e. Pr"»cl,es,and he will be obliCd to H T"" "'^ ■^Wbution ap. -Me l.i» fhbe diee,a„d to e d , 7,7^ "'"""'=»''° "-» he raay curse his madness at IT '"'"'' '■"™">en«, where -«ne with „hich his hen tk jr."' "'\"'^''^-o - « quainted." '' "kely lo remain forever unac- Many persons in Franco .i • i i P-s originate, inZZZm^rT "" "'"^"^'' "' *» Po'if^J passions, .nitZoL^tJ"'"" T"'' '" - which consequently prevails • " •. ,"« °^ "neasiness tl.at,as soon as sSw ' ," "'<^'-»«'^« ^"Pl'osed eomposun,, .he prea t; "aCdZ t "* ""^" ""^S^- °'' Fof my own part, J ,v„nU "^°" "? P"^"* vehemence, causes the extrlrdina,?^',^ jf "S'^, »'«l>ute '» these acquired over the nation^ TuU 7 ^ T'',":'' *" P'^ '-a^ exercise much influence '„„" ., """ """'' "'»' *cy do -I P..SS appears t me. ?C '""!""««• Tl.o perfodi- "« own, independent of 1 ™ '"^'""^ ""<* "'^""cts of placed; and the pr^t Itr""?*^"^' '" ^'"d. it is tl'fa opinion. "^ ' "'"*"™ »f America corroborate. "on; but the press is „"?! a '""" «"™^ «*• ""olu- 'her. than inV„ e all h ."'T'™ '" "' P^-P'- without thesa.„ereas;nrf„rlf'"T «'« ^™e violence '" F-nce, it const Z" 7 ^T"""- '" ^'»^"-- - -Po-ofmin,,.,„,:j"-f;-^^^^^^^ I ': !l 234 DEMOCRACY IN AMERICA. live without it, and public order can hardly be maintained against it. 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 being insti- tuted against it. The reason of this is perfectly simple : the Americans, having once admitted the doctrine of the sovereignty of the people, apply it with perfect sincerity. It was never their intention out of elements which are changing every day to create institutions which should last forever ; and there is consequently nothing criminal in an attack upon the existing laws, provided a violent infraction of them is not intended. They are also of opinion that courts of justice are powerless to check the abuses of the press ; and that, as the subtilty of human language perpet- ually eludes judicial analysis, offences of tliis nature some- how escape the hand which attempts to seize them. They hold that, to act with efficacy upon the press, it would be necessary to find a tribunal, not only devoted to the exist- ing order of things, but capable of surmounting the influ- ence 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 a ^ ^ . writer. Whoever should be able to create and maintain a tribu- nal of this kind, would waste his time ui prosecuting the liberty of the press ; for he would be the absolute master of the whole community, and would be as free to rid him- self of the authors as of their writings. In this question, therefore, there is no medium between servitude and Hcense ; in order to enjoy the inestimable benefits which the liberty of the press insures, it is necessary to submit to the inevitable evils which it creates. 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 been accustomed tohZZl !ff " T""' "''" '"™ "-" place implicit confidereTn . ffi't tr"' T'""" "'^'"• himself. The AnaI«.A m„ • i ^""^ '''''o Presents - since thet^I^-rritUr^'' *'' '"=*"^ press cannot create l,„n„„ ,'"' ' """reover, the •nay kindie themthertt ^'i'T™-"- ''"'""^ " life is active, varied evpn T ! ^ i America, poIiticaJ .those deep u^s Xirrtu^t rV''"''^'' "-^ ■nterests are impaired • «,T- ""^f*^ ""'y "■hen material interests a,, prrerol; A , *' ""'"^'' ^""-' *>■«- American newspaper is s- ?T "'/ ^'''•™^'' »"'' «" which exists in S Jle't b^ "^ f '"" "'" **-"- France, the space JlottSf '" "" '"'^ ""'»"'• In veiy limited/and th „ tsltX"""';' ""^"''-"^'a is but the essential part ctZT T'^^ ""' •=™^''<'«rable ; politics of the C In ir 'V'"' ''■■^™^''°" «f '■'« enormous sheet arefilled witTT' '• ' ''"'^'"" "^ '■'« mainder is fi-eouemlv t. /f "^"""''"'=' '""^ 'I'e re- trivia. anecdoSs " roZt '^ ?"""""' '■"'^"'>"- » finds a comer devoted to L. T '" "™"'' "«" «"« which the journr^' irrtetT"'""- • '*^ "■"^^ readers. ^^® ^^^^^^ % give to their bAel^ITn^rrtfl"^^^^^^^^^^ -" '■■•-ered influence of a power is W„ . -"^ " '"'^I""'' that the tion is centralizT ll "e th'" ""''""'''"' ^ "' *- foIdcentn.h.tion; all'r Vs' rrisTe^n ^ 'T same spot, and, so to speak in H,? f"* '" ""^ or^ns a. far .om num^rtl "xtirflr:":^^ [ %Z .( f 1 vil . . ''M :.|' 236 DEMOCRACY IN AMERICA. press thus constituted, upon a sceptical nation, must be al- most unbounded. It is an enemy with whom a government may sign an occasional truce, but which it is difficult to resist for any length of time. Neither of these kinds of centralization exists in Amer- ica. The United States have no metropolis; the intel- ligence and the power of the people are disseminated through all the parts of this vast country, and instead of radiating from a common point, they cross each other in every direction ; the Americans have nowhere established any central direction of opinion, any more than of the conduct of affairs. This difference arises from local cir- cumstances, and not from human power ; but it is owincr to the laws of the Union that there are no licenses to be granted to printers, no securities demanded from editors, as in France, and no stamp duty, as hi France and England. The consequence is, that nothing is easier than to set up a newspaper, as a small number of subscribers suffices to de- fray the expenses. Hence the number of periodical and semi-periodical pub lications in the United States is almost incredibly large. The most enlightened Americans attribute the little in fluence of the press to this excessive dissemination of its power ; and it is an axiom of political science in that coun- try, that the only way to neutralize the effect of the public journals is to multiply their number. I cannot see how a truth which is so self-evident should not already have been more generally admitted in Europe. I can see why the persons who hope to bring about revolutions by means of the press, should be desirous of confining it to a few power- ful organs ; but it is inconceivable that the official 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 power. The governments of Europe seem to treat the press with the courtesy which UBEBIV OP THE PKESS m THE UNITED STATES. 237 ciplino "lo unitv of ? ^ "T^"''"' "'« ""''"'o^ di- 1- own ..anrr AU ten IV T'"'"-"^ «g'"» -nder State, are. inde^l artJeMlfZ;'' 1 '!'^. ^"'"^^ or against it ; bnt the/attack Melat ^f^^T'"" different ways. Thev Pnnn«* <• , tliousand opinion ^f .^7:zi:Zo^, s— r ;' vision of the nfluence of the ^^ \ "^^ '^'" quence, .ea.e„ > J^/^lll'^'^VeteXtu TT proficX::^.:::^:.^:"!^^^ these undertakings. Such is'^^he n^Ltrlf ,h"°'^t;" rs;:r:s„rrdi:~^^^^ ptr :5;?- f;- -irr^^ *e exception, to this mode of writing are onlt 2ii'on" open and coarse appeal to the passion, of his readers n 11 >i a li'S ^ >i i {| i M 238 DEMOCRACY IN AMERICA. 9B| fli 'wMt 11 lie abandons principles to assail the characters of individ- uals, to track them into private life, and disclose all their weaknesses and vices. Nothing can be more deplorable than this abuse of the powers of thought ; I shall have occasion to point out here- after the influence of the newspapers upon the taste and the morality of the American people ; but my present sub- ject exclusively concerns the political world. It cannot be denied, that the ])olitical effects of this extreme license of the press tend indirectly to the maintenance of public or der. The individuals who already stand high in the ePtcem of their fellow-citizens are afraid to write in the newspa- pers, and they are thus deprived of the most powerful in- strument which they can use to excite the passions of the multitude to their own advantage.* The personal opinions of the editors have no weight in the eyes of the public : what they seek in a newspaper is a knowledge of facts, and it is only by altering or distorting those facts, that a journalist can contribute to tlie support of his own views. But although the press is limited to these resources, its influence in America is immense. It causes political life to circulate through all the parts of that vast territory. Its eye is constantly open to detect the secret springs of polit ical designs, and to summon the leaders of all parties in turn to the bar of public opinion. It rallies the interests of the community round certain principles, and draws up the creed of every party ; for it affords a means of inter- course between those who hear and address each other, without ever coming i' ' ?t unodiate contact. Wlien many organs of the press acV n ' ;■ ;ame lii ^ ^f conduct, their influence in the long ^ uii becomes irresistible ; and public * They only write in the papers when they choose to address th« people in their own name ; as, for instance, when they are called upon t») repel calomnious imputations, or to correct a misstatement of facts. LIBEBtr OP THE mss m THE UmTED STATES. 239 journal ex.n.«es but little tS luH' ""'' "'""™'« peno' "'" -gulate society are ird^;. «" ^^ If "'"""'" ^"'''' invincible Weju.iic!: ZZu^Zn ^""'''" t"' """^ try of Europe. I attribute tbiT, ^^ °"""" "^o™" fim sight, a'ppear to tve n'^ ^ ^7'"'" "r' »' the liberty of the press Tb! ? 'on^ency, namely, to liborty exists clinir l' "' °'"™S'' ^''o" ''"s from 'convictior TheyeheZ^rt " T"" ''""' ^""^ ^ them to be Just, JbI„X Ze ^^f ^ "°"' free will ; and thev afJIi*.r.o f« .1, ®^ *"^'^ o^'" - true, but ^'ZfZ;:^^^^^ the, reasons conduce to the same end ''"' "'^"^ It was remarked by a man of genius th.f u • lies at the two ends of knowledge " pll' 'g"«^ance been more correct to .«v H . !* ""^^P' ^* '^«"'d have oni. at the tr U^ 1^^^^^^^^^^ ' "''t ^°"bt lies m the middle. • See Appendix P. i m M' Pi, I ! ?ilf'ii I ^ ' "i"' 210 DEMOCRACY IN AMERICA. The human intellect, in truth, may be considered in three distinct states, which frequently succeed one another. A man believes firmly, because he adopts a proposition without inquiry. He doubts as soon as objections present themselves. But he frequently succeeds in satisfying these doubts, and then he begins again to believe. This time, he has not a dim and casual glimpse of the truth, but sees it clearly before him, and advances by the light it gives.* When the liberty of the press acts upon men who are in the first of these three states, it does not immediately dis- turb their habit of believing implicitly without investigation, but it changes every day the objects of their unreflecting convictions. The human mind continues to discern but one point at a time upon the whole intellectual horizon, and that point is constantly changing. This is the period of sudden revolutions. Woe to the generations wiiich first abruptly adopt the freedom of the press. The circle of novel ideas, however, is soon travelled over. Experience comes to undeceive men, and plunges them into doubt and general mistrust. We may rest assured that the majority of mankind will always stop in one of these two states, will either believe they know not wherefore, or will not know what to believe. Few are those who can ever attain to that other state of rational and independent conviction, which true knowledge can produce out of the midst of doubt. It lias 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 old 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, * It may, however, be doubted wliether this rational and sclf-guidingr con viction arouses as much fervor or enthusiastic dcvotedncss in men, as their first dogmatical belief. MBEBT7 OP THE PRESS IN THE UNITED STATES. 241 men who have adopted one of them stick to it, not so much because they are sure of its truth, as because thev pTese^t aT ''''' ^'"^ ' ^"^ '^"^ '^ "^ "^ ^ ' fonTbut ?b' ""'" """ T "'^ '''^y *« ^' ^«' then, opin- ions but they arc rarely inclined to change them • there are few martyrs, as weU as few apostates ' Another still more vahd reason may be adduced- when noopmionsare looked upon as cer Jn, men chng to the mer. mstmcts and material interests of their pos^ion which are naturally more tangible, definite, and peCem than any opmions in the world. ™anent Jrlct'orTde"''""'' '""''" '' decide, whether an aris- .ocracy or a democracy governs the best. But it is certain hat democracy annoys one part of tl.e commun ty^id hat anstocracy oppresses another. It is a truth 2ch"s elf-estabhshed, and one which it is needless to i^^^J that « you are rich and I am poor." "Jscush, 16 I I] ' I til 242 DEMOCRACY IN AMERICA. CHAPTER XII. POLITICAL ASSOCIATIONS IN THE UNITED STATES. Daily Use which the Anglo-Americans make of the Right of Association. - Three Kinds of Political Associations. — How 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 Aa- Bociation is less dangerous in the United States than elsewhere. — Why it may be looked upon as necessary. — Utility of Associations among a democratic People. IS .^® ^^'i^"*^ ^" ^^^^ world has the principle of associa- tion been more successfully used, or applied to r greater (/ multitiKle"of objects, than in America. Besides Ihe pei^ manent 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 pri- vate individuals. The citizen of the United States is taught from infancy to rely upon his own exertions, in order to resist the evils and the difficulties of life ; he looks upon the social author- ity with ai. eye of mistrust and anxiety, and he claims its assistance only when ho is unable to do without it. This habit may be traced even in the schools, where the children in their games are wont to submit to rules which they have tiiemselves 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 thor- oughfare, and the circulation of vehicles is hindered, tiie neighbors immediately form themselves into a deliberative . .WkWi»««*«^ js*«fc«uiwi'. »«K«JMWiia»t«liiK ,y cation IS die power of meeting. When an .tsociation is ^ lowed to establish centres of action at certain import" n pomts m the country, its activity is increased, and its in- / I'll 244 DEMOCRACY IN AMERICA. fluenco extended. Men have the opportunity of seeing each other; meaiia^ of emcution are combined ; and opin- Jons are maintained with a warmth and energy which written language can never attain, /T) . ■^''*^*^^' "^ *^® exercise of the right of political associa- O tion, there is a third degree : the 4)artisans of an opinion may unite in electoral bodies, and choose dele gates to re pre-" ^ent them in a central assembly. This is, properly speak^ ing, the application of the representative system to a party. 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 assembhes are formed, which represent only a fraction of the party. Lastly, in the third case, they constitute, as it were, a separate nation in the midst -.9f.-il^?-natipn, a government within the government. Their delegates, like the real delegates of the majority, represent the whole collective force of their party ; and, like them, also, have an appearance of nationality and all the moral power which results fi-om it. It is "true that they have not the right, like the others, of making the laws ; but they have the power of attacking those which are in force, and of drawing up beforehand those which ought to be enacted. If, among a people who are imperfectly accustomed to the exercise of fi-eedom, or are exposed to violent [)oHtical passions, by the side of the majority who make the laws be placed a minority who only deliberate and get laws ready for adoption, I cannot but believe that public tran- quillity would there incur very great risks. There is doubtless a 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 imagina- tion of the multitude is very apt to overlook this dTffer- ence, which is so apparent to the minds of thinkincr men. S / V / ■ -vfciiHAl^ii'KKk,. ^^i*MiSte.««)«».. POLITICAL ASSOCIATIONS IN THE UNITED STATES 2ii\ conunt ,0 speak without acting t It iT'i '""^ ^ tJie modern worlrl ,> ,'. .1 7- ? convinced that, in <^ .0 rcnain free is therefo:^ Hg,^ ^ ZaTdt ^t "™'"'''' necessa,,, a.. ^o^Tnge^ I?th: 'tr""' f"" '"^ poses IS unlnnited. An examnlp will i . ^ "^^^ P"*^" ^ H.Ht to . ,„ t,rpictwr '^'-- Ject of debate as a~ of'^^il: jrit-^tV ""■ great material interests of the Ztes li ^ i '"""' means of the newspapers, to all the enemies of the tiriffi *, ' m I!'. I !l I'M )., ■" 246 DEMOCRACY IN AMERICA. to send delegates to Philadelphia, in order to consult to- gether upon the best means of restoring freedom of trade. This proposal circulated in a few days, by the power of the press, from Maine to New Orleans : the opponents of the tariff adopted it with enthusiasm ; meetings were held in all quarters, and delegates were appointed. The majority of these delegates were well known, and some of them had earned a considerable degree of celebrity. South Car- olina alone, which afterwards took up arms in the same cause, sent sixty-three delegates. On the 1st of October, 1831, this assembly, which, according to the American custom, had taken the name of a Convention, met at Phil- adelphia ; it consisted of more than two hundred members. Its debates were public, and they at once assumed a legis- lative character ; the extent of the powers of Congress, the theories of free trade, and the different provisions of the tariff were discussed. At the end of ten days, the Convention broke up, having drawn up an address to the American people, in which it declared: — 1. That Con- gress had not the right of making a tariff, and that the ex- isting tariff was unconstitutional. 2. That the prohibition of free trade was prejudicial to the interests of any nation, and to those of the American people especially. It must be acknowledged that the unrestrained liberty of political association has not hitherto produced, in the United States, the fatal results which might perhaps be expected from it elsewhere. The right of association was imported from England, and it has always existed in America; the exercise of this privilege is now incorpo- rated with the manners and customs of the people. At the present time, the liberty of association has become a necessary guaranty against the tyranny of the majority. In the United States, as soon as a party has become dom- inant, all public authority passes into its hands : its private supporters occupy all the offices, and have all the force of rffc&«!s«i»i. **«a««aNi«iu.»i»asCfttfflas.-.j rOL.T,CAL ASSOOUTIONS m THE TO,TED STATES. 247 *e barrier wWoh ex 1. d^Thl"' T""'^ ™™'" '''""'""'' moral authority of tl,7™ , ^ "^ "PP""" "■" "''"ote which dominim t '^C^ld "'■"''■"' P°"" -d to obviate a .i„ mL fJ^tZr ^''''^'"^'" " «.ay remind the r^ST, otl^Tr, T "'"■"'°" "'''^•' tl.e freedom of townlL* t, ''"" ''''™ ^P^^-'S <>f «hich associatiomt^ Lr aT ''" "" '="™'™^ '" ^' jt^hieh rdUt.tr.'^iSe;' \''"'"^^' ^% nations, tlTe bodv nCI,. „i, '. . " '" »"stocratic » Hhl t..em.,;„3n„L°s::i^,:„t':hii^^^^^^^^^^ -« V" power. In countries where s^hT.l !• ! "''' "^ if private individuals cannot ere el "^1 T '^'"' n.iy substitute for them I cnnT ""'' """?'- against the most JZr\lZ7 °r'^'""" '""^''''" be oppressed wit! im;„5 Z'a smal,rt- ''"'K""' single individual. ^ ^ """ ^''"™' •»• by a are'^ctrSofan S rl't ™"r"""' ^'^ *- a necessa.7 -asur: is atSstlLro ''"^"''^ ''-"- America, and one wb.Vl. • i ■ »<^'^«'Tenee, even in without da™ ThI r ' "' ^"""'^ '""""' "'§''«' strove to molAtI t, , " ' '"°'\'''^""S"-I'ed member, within certa „Tm t tT'"^l\",'' '". "''™" "^ "•'j"'*'^ e.e-.ised a .reaTt JL: ^f ifnd's !f t'""r"- tents, and prepared tliom ft. .1 ^ ^^'^ '"^^^n- laws ot the Union which took place in 1832. € LK ^TEi^ 248 DEMOCRACY IN AMERICA. G" It cannot be denied that the mi re s tr ai n ad -l iberty of na ao- ciatiQiijOTpofi tical purposes is the privilege which apeople ia longest in Teaming 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 hberty offers a security against dangers of another kind ; in countries where associations are free, secret soci- eties are unknown. In America, there are factions, but no conspiracies. i' Different 'Wa3-8 in which the Right of Association is understood in Earop« and in the United States. — Different Use which is made of it. 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 withjhem. The right of association therefore appears t o me almost as jnaliftnnhjg JT^ ifg Ti^,t,^^rg as the ri^ht of per - sonal liberty . No legislator can attack it without impairing the foundations of society. Nevertheless, if the liberty of association is only a source of advantage and prosperity to some nations, it may be perverted or carried to excess by others, and from an element of life may be changed into a cause of destruction. A comparison of the differ- ent methods which associations pursue, in those countries in which liberty is well understood, and in those where Hberty degenerates into license, may be useful both to gov- ernments and to parties. Most Europeans look upon association as a weapon which is to be hastily fashioned, and immediately tried in the conflict. A society is formed for discussion, but the idea of impending action prevails in the minds of all those who constitute it. It is, in fact, an army ; and the time given to speech serves to reckon up the strength »nd to animate the courage of the host, after which they march '«»»«■«<., ,i»<.«l!A*»j(««i*<^jis, - POLITIUAL ASSOCUTIONS IN THE UNITED STATES. 249 ..gainst the enemy. Resources which lie within the bounds o» law may suggest themselves, to the persons who com- pose ,, as means, but never as the only means, of success, buch, however, ,s not the manner in which the right of assocjafon IS understood in the United States. I„ Amer- ica the cfzens who form the minority associate, in ord , first, to show then- numerical strength, and so to diminish he mo,,, „f ,,^ „^.„^,^^^ ^^^^ -J. late eompetifon, and thus to discover those argumento which are most fitted to act upon the majority: for t .ey always entertain hopes of drawing over L majority ^ heir own side and then disposing of the supreme powfr in ts name. Pohfcal associations in the United States ar^ therefore peaceable in their intentions, and strictly C™ ^IrS ' .*^y™'I''''^' and they ass;rtwifh ,ro,.fec; M^jfeUhey aim at success only by lawful expedients.'-- The difference which exists in this respect between Americans and Europeans depends on sevei^ causes. n Europy, there are parties which difl^er so much from thT' maonty that they can never hope to acquire its support -IZ^' *eZjhink they arc strong enough in themseTves J^n_tsnd.sgaunst. it. When a party of this ki^ fi.«m an association Its object is, not to con4ice, butlo fi^r l" Amenea, the individuals who hold opinions much'oppos d to those of the majority can do nothing against it; and all other parties hope to win it over to Siefr own princMe The exercise of the right of association becomes dangerous,' Inabl tr'""*°"''l«"'" ^'^"^ ^"'^ themselves "wholi; unable to acquire the majority. In a country like the United States, in which the differences of opinion r S f-i?»^£?fe the right of associatio' may re! mam uurestramed without evil consequences. Our inex- perience of hberly lead, us to regard the liberty of associ ton only as a right of attacking the government. The tot notion which presents itself to a party, as weU as to i 250 DEMOCRACY IN AMERICA. k ■4 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 derived fi-om experience. The English, who are divided into parties which differ es- sentially from each other, rarely abuse the right of associa- tion, 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. But perhaps^ie most powerful of the causes which tend to- mitigate the violence of political associations in the I'^ United States is universal suffrage. In countries in which universal suffrage exists, the majority is never doubtful, br3cause neither party can reasonably pretend to represent that portion of the community which has not voted. The aiisociations know as well as the nation at large, that they do not represent the majority. This results,lndeed, from the very fact of their existence; for if they did represent the preponderating power, they would change the law in- stead of soliciting its reform. The consequence of this is, that the moral influence of the government which they attack is much increased, and their own power is much enfeebled. In Euroi)e, 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 ^mayseem to be ex- 9m»i*:f POLITICAL ASSOCIATIONS IN THK UNITED STATES. 251 wln-ch Is unable to .peak for itself; n^oved by tbis belief represent in tie eyes of all only a minority of tbe nation they argue and petition. ^ ^''°"' The means which associations in Europe employ are in accordance w th the onrl wl,:»i, ^u "'1»"7» are in a e. but partakes of the habit, and „axim, rf Xy l.fe. They central.^., also, the direction of their fom much as possible, and in.n.t the power of th W,l „ rtv to a small number of leaders. '^ ^ The members of these associations respond to a watch- word,l,ke soldiers on duty; they profess the dLtnW passive ofehence ; say ™ther, that in uniting togXr h ^ ci e is oftei f^ •' '""'""' "'■''='' "'«^» '«"«"■-» exer- cise, s often far more msupportable than the authority pos- sessed over socety by the government which the, S The,r moral force is much diminished by these proceed^t nd they lose the sacred chapter which always C^^ tea smuggle of the oppressed against their oppriso... He who m ^ven cases consents to obey his fellows with ser! «bty, and who submits his will, and even his thou.lus t„ thou- control, how can he pretend that he wishes to iS te " The Amencans have also established a govemmentin forms of he cml admmistration. Th, independence of ch md,v,d„al is fonnally recogni:«d; as in society =d the members advance at the same time towarfs the si^e end • bu they are not all obliged to follow the same traTk No* one abjures the exercise of his reason and free wil • bu^ ^' |i i Iti I w l"^li 2o2 DlilMOCKACV m AMERICA. CHAPTER XIII. GOVERNMENT OF THE DEMOCRACY IN AMERICA. I AM well aware of tlio difficulties which attend thia part of my subject ; but although ever}' expression which I am about to use may clash, ui)on some points, with the feelings of the different parties which divide my country, I shall still speak my whole thought. In Europe, we are at a loss how to judge the true char- acter and the permanent instincts of democracy, because in Europe two conflicting princij)les exist, and we do not know what to attribute to the principles themselves, and what to the passions which the contest produces. Such, however, is not the case in America ; there the people reign without imi)ediment, and they have no perils to dread, and no injuries to avenge. In America, democracy is given up to its own propensities ; its course is natural, and its activity is uin*estrained ; there, consequently, its real character must be judged. And to no people can this inquiry be more vitally interesting than to the French nation, who are blindly driven onwards, by a daily and in-esistible impulse, towards a state of things which may prove either despotic or republican, but which will assur- edly be democratic. UNIVERSAL SUFFRAGE. I HAVE already observed that universal suffrage has been adopted in all the States of the Union: it conse- "OVmNMKMT OF THE DKMOOKAor IN AMKR.CA. 253 ™ not the desire that democraticim ti, .• °'"- ^' •=™''<" »>« denie.! feeling oftv^irth "hi T»''^ '^^ '» P^°™»'^ ">« they Tfibrd JeTeJlon^T '^"' i"" ^° '""^'' ''-''-« level with others,? bZutr"" "^ """»" '^ *''" ^™« point the persons who emXtt ""n"' '"'"'P'^*"'^'^ -"^P" awaken Ld fostrra ™! • ^ Democratic institutions never entirely satifV '^ Thi," T' "'^ "'"'='' "'"y <="" grasp of the Veopk at tl """^""^ "'""^'"^ "^"^^ *« the/have gjpi';:;d:;LT":T' T" *^-^ '"^"^ eternal flight"- tl,/ J„ i ' ^ ^''*<'»' «»?=. " with an an advantS wh eh n^l'" '."^''",'' '" ^^e pursuit of Hciently r^ote tlJ l ""^'""^ ^'"^<' '' '^ not suf- enioyel ?h lower or ,"' •"■ ™«^'™*'y "^"^ »» be -L, th?^a::^Si:t"-.^-;^J.t'>e chance of pass from the enthusiasm of p„2it oT ^Z ""'' "'"^ ill-snccess, and lastly to th. • ""^ exhaustion of Whatevc'transcenlthdrn 7°°°^ »? Jisappomtment. sf ele to their desltstdtr '' "PP^"^ "> >« "» "b- legitimate it may b whTeh s""/- T '"P'™™^' '""™^« It has been suppld AaV 1 '*'°"'' " '''^'^ ^'g'>'- the lower ordersTremove th • ''"^*.™''"='' ^hich leads sible from the ^t^ZotZ^rT '^ "'^''^ '^ ^'^ France. This however • ^ ^' "* Pe™liar to I aUude is n^t FreTeH' d" '"'"''■ *' '■"''"^' '° ^hich heightened by pecultr nohlv 7°"'*'" ■' " ""^ ''*™ "^^ «s origm to a"gh: ea- ™^™^'«'-. but it owe. i! 25(3 DEMOCRACY IN AMERICA. In the United States, tlie people do not hate the higher classes of society, but are not favorably inclined towards them, and careftiUy exclude them from the exercise of au- thority. They do not dread distinguished talents, but are rarely fond of them. In general, every one who rises without their aid seldom obtains their favor. Whilst the natural instincts of democracy induce the people to reject distinguished citizens as their rulers, an instinct not less strong induces able men to retire from the political arena, in which it is so difficult to retain their independence, or to advance without becoming servile. This opinion has been candidly expressed by Chancellor Kent, who says, in speaking with high praise of that part of the Constitution which empowers the executive to nom- inate 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 1 I hold it to be sufficiently demonstrated, that universal suffrage is by no means a guaranty of the wisdom of the popular choice. Whatever its advantages may be, this is not one of them. ««»**j^*i.^r,,f,«rimilM,,i,,,^;^^ OOVKBKMENT OF THE DEMOCKACV IN AME«,OA. 257 of the Southwest. -How 00^7 ''^^^^^ pi«. - Election h, an z::tZyZT:r: '"' ""''''' '' ''' ^- of the Senate. ^' "' ^^'^"^ "Po° the Composition aWe to save it. It ^Xj Ij^^'" ""^ "'","""* tains his customary level in ven critta "^"^'^ '*" rises above, or sinks below r f <^"-cu.nstances ; he -ething'is .™::f'a« ; 'Ereto™:"-;""' ""'""' quench tJie eiicro-v of . ,. i . •^*'^^'"^ P^^^^ sometimes they excite, wi*^t tSJt Z"^' "' ''T''''"' " ' c'earing, they confuse ^1,^7' '' "^ •''"'^="' "^ Jews fought and killed each n C n,fd Z^'T ^'" of their temple. But it ;. smoking ruins tions and inllividuf, . ' , :i3™""' ''?"' -''' ""- oped from the ve.7 in-milr: ^rirr P™'" character are then brought into re fcf as f he er^" which are usually concealerl h„ ,1 > ®''''''=^* illuminated by the -^rrfa/^fl ? "'"" "'' "'^ht are gerous times Jls Z 1 ~f'«^'"'°"- At those dan- and the pe^ri^eVl^^^^ to e forward; buty their envious passion^ n a' b t oh "" '"T""' names may then be drawn from th! 1 ?"• ^'^^ I have already observid tWt 7" of election, of the present day are very i'i„"/r"™K ^"""'"^" the head of affai^ fifty '^Zl rr'''^'' ^"""' " consequence of the cirnimstancef „, ^fl^r ""f " country. Wlien Amprino '" '""''' of the ^^y VYUen Amenca was struggling in the high MM' ■i' 258 DEMOCRACY IN AMERICA. cause of independence, to throw off the yoke of anothei country, and when it was about to usher a new nation into the world, the spirits of its inliabitants were roused to the height which their great objects required. In this general excitement, distinguished men were ready to anticipate the call of the community, and the people clung to them foi support, and placed them at their head. But such events are rare ; and it is from the ordinary course of affairs that our judgment must be formed. If passing occurrences sometimes check the passions of democracy, the intelligence and the morals of the commu- nity exercise an influence on them which is not less power- ful, and far more permanent. This is very perceptible in the United States. In New England, where education and liberty are the daughters of morality and religion, — where society has ac- quired age and stability enough to enable it to form princi- ples and hold fixed habits, — the common people are accus- tomed to respect intellectual and moral superiority, and to submit to it without complaint, although they set at naught all those privileges which wealth and birth have introduced among mankind. In New England, consequently, the de- mocracy makes a more judicious choice than it does else- where. But as we descend towards the South, to those States in which the constitution of society is more recent and less strong, where instruction is less general, and the principles of morality, religion, and liberty are less happily combined, we perceive that talents and virtues become more rare amang those who are in authority. Lastly, when we arrive at the new Southwestern States, in which the constitution of society dates but from yester- day, and presents only an agglomeration of adventurers and speculators, we are amazed at the persons who are m- vested with public authority, and we are led to ask by what >ii Ba iii tM »iiiii« Mii^,w | it eii,awiiJ .wg«. the OOVEMMENT OF THE DEA.OC«ACV IN AMEBICA. 259 rc: r;:r. t".tr s-"-- -r -™ is very ae„er.l h T^'; .1 '?"''^ ^" ^''"^'^ ^^'"^^^ion A a few yards' distance is the door oTlZT . wliilst tlie latter seems ^ '7 ' "^"'^^^ elements, and talent? bI" ^JT' ^ Tr"^''^ '' "^^^"'>"- neonlp • K..1 , assemblies emanate from the the Senate i, hostile to the „ L 3, / h'f T'".''''"' I ll 260 DEMOCRACY IN AMERICA. bodies. The whole body of the citizens name 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 aj^pHcation of the popular vote : for the legisla- tures which appoint them are not aristocratic or privileged bodies, which elect in their own right ; but they are chosen by the totality of the citizens ; they are generally elected every year, and new members may be chosen every year enough to determine the Senatorial appointments. But this transmission of the popular authority through an as- sembly of chosen men operates an important change in it, by refining its discretion and improving its choice. Men who are chosen in this manner accurately represent the majority of the nation which governs them ; but they rep- resent only the elevated thoughts which are current in the community, and the generous propensities which prompt its nobler actions, rather than the petty passions which disturb, or the vices which disgrace it. The time must come when the American republics will be obliged more frequently to introduce the plan of elec- tion by an elected body into their system of representation, or run the risk of perishing miserably amongst the shoals of democracy. I do not hesitate to avow, that I look upon this peculiar system of election as the only means of bringing the exer- cise of political power to the level of all classes of the peo- ple. Those who hope to convert this institution into the exclusive weapon of a party, and those who fear to use it, Beem to me to be equally in error. ««<«M»«l«Whc i.i»aBiMirit|i6jJ(< GOVERNMENT OF THE DEMOCRACY IN AMERICA. 261 , iuauison, and Jefferson on this Subject. expTsTj'TifZTXr'^ " long i„te„a,3, the ,.at« i, peated, the defeated parties take patience. socfcttt!,7"'"'T'": '^''"'""y' their recurrence keep, « expied t^ thr5r;f ?2z^: ™;:;r • t ^'-'^ s::' jtr *^' "■« ^— »"-^~ t:;.^ -„dorthese''eviift„ther.Tr:,;^^^^^^^^^ jariety ^ one of the characteristic passions of democracy Hence the,r legislation is sttungely mutable. *'""''^'=y- Hamilton, after having demonstrated the utility of a the power Of preye„ti;;td,allS!r:CT^;r 262 DEMOCRACY IN AMERICA. :r 1, ing good ones, and may be used to the one piu'pose as well as to the other. But this objection will have little weig\t 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 govern- ments." (Federalist, No. 73.) And again, in No. C2 of the same work, he observes : " The facility and excess of law-making seem to be the dis- eases to which our governments are most liable." Jefferson himself, the greatest democrat whom the de- mocracy of America has as yet produced, pointed out the same dangers. " The instability of our laws," said he, " is really a very serious inconvenience. I think that we ought to have ob- viated 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 afterwards be discussed and put to the vote without the possibility of making any al- teration 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." PUBLIC OFFICERS UNDER THE CONTROL OF THE AMERICAN DEMOCRACY. Simple Exterior of Am' rican public OflBcers. — No official Costume.— All public Officers are remunerated. — Political Consequences of this Sys- tem. — No public Career exists in America. — Results of this Fact. Public officers in the United States are confounded with the crowd of citizens; they have neither palaces, nor guards, nor ceremonial costiunes. This simple exterior of persons in authority is connected, not only with the pecu- liarities of the American character, but with the funda- mental principles of society. In the estimation of the ^' i«mm , OOVEBNMENT OF THE DEMOCBACY IK A.MEUICA. 263 democracy, a government is not a benefit, but a neces^ it ofR ""^^""f'Sr^e of power must be granted to pub- c office,, for they would be of no use without it. But the ostensible semblance of authority is by no means in d^nsablo to the conduct of affairs^ and^tTs "eX y" offensive to the susceptibility of the public. The public office.^ themselves are well aware, that they enjoy the s u- perionty over their fellow-citizens which they derive from their authority only on condition of putting * mselv A public officer in the United States is unifoi-mly simple in his manners, accessible to all the world, attentive to dl re- quests, and obbging in his replies. I was pleased by these diaracteristics of a democratic government; I adled the manly mdependence which respects the officrmore ity than of the man who bears them I believe that the influence wliic'h costumes really exer- cise m an age like that in which w. hve, ha. been a gc^ deal exaggerated. I never percejved that a public cffictr m America w^ the less respect,..!, whilst in the disci" of his duties, because his owr, merit was set off by no ad! venwious signs. On the «her hai,d, it is veiy doubtfol whether a peculiar dres, Muces public men to ~ tenselves, when they ^re not otherwise inclined to do'^ o Wh „ a magistrute (r.„d i„ France such instances are no mre) snubs the parties before him, or indulges his wit a th«r expense or sh,„g3 his shoulders at thl pleas of d^ ated, I should l,l,e to deprive him of his robes of office, to e whe her, wh^n he is reduced to the garb of a p^Ue S o;::L""' ^'^"' '- ''-'- "' *« " tume, but eve/ry one of them receives a salary. And this, ffi., •■ i ii. ' I I i M 264 DEMOCRACY IN AMERICA. also, Still more naturally than what precedes, results from democratic principles. A democracy may allow some mag- isterial pomp, and clothe its officers in silks and gold, with- out seriously compromising its principles. Privileges of this kind are transitory ; they belong to the place, and not to the man. But if public officers are unpaid, a class of rich and independent public functionaries will be created, who will constitute the basis of an aristocracy ; and if the people still retain their right of election, the choice can be made only from a certain class of citizens. When a democratic republic renders gratuitous offices which had formerly been remunerated, it may safely be inferred that the state is advancing towards monarchy. And when a monarchy begins to remunerate such officers as had hitherto been unpaid, it is a sure sign that it is ap- proaching a despotic or a republican form of government. The substitution of paid for unpaid functionaries is of it- self, in my opinion, sufficient to constitute a real revolution. I lock upon the entire absence of unpaid offices in America as one of the most prominent signs of the abso- lute 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 qualifiel was intrusted witli so formidable a right. In New i-MKland the same magistrates are empowered to post the na.nes on^bitual drunkards in pubh-J houses, and'topr. tl. mha .ants of a town from supplying them with liquor. buch a censorial power would be revoltincr to the population of the most absolute monarchies; her:, how- ever, it is submitted to without difficulty Nowhere has so much been left by the law to the arbi- traiy de erm.nation of the magistrate as in democratic re- publics, because they have nothing to fear from arbitrary power. It may even be asserted that the freedom of tli rnapstrate increases as the elective fi-anchise is extended, and as the duration of the time of office is shortened Hence arises the great difficulty of converting a demo- era ic republic into a monarchy. The magistrat^ ceases to be elective, but he retains the rights and the habits of an elected officer, which lead directly to despotism. It IS only in limited monarchies that the law, which pre- scribes the sphere in which public officers are to act, super- intends all their measures. The cause of this may be easily detected In hmited monarchies, the power is divided be^ tween he king and the people, both of whom are interest- ed m the stability of the magistrate. The king does not venture to place the pubMc officers under the control of the people lest they should be tempted to betray his interests ; on t^^ other hand, the people fear lest the magistrate should serve to oppress the liberties of the country if they were entirely dependent upon the crown: the/cannot, de locquevUlo's other instance is not happily chosen. In England whid." .s a h™.tea monarchy, the jury lists are drawn up by the sheriff and sit power, mo. formidable in the hands of one ma'n than of To a I LI; A "' '" '"''" ""''' '^ ' -^y ^"-^--^le one. L J^ates m Amenca do not have so much trusted to their discretion a^in England or France. Their modes of action are prescribed befo h J " hvw. and defined with jealous care. - Am. Ed.] "eiorenand by 268 DEMOCRACY IN AMERICA. 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, or upon 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 find it for their interest to im- pose upon him certain regulations which he cannot evade. INSTABILITY OF THE ADMINISTRATION IN THE UNITED STATES. In America, the Public Acts of a Community frequently leave fewer Tracci than the Occurrences in a Family. — Newspapers the only Historical Remains. — Instability of the Administration prejudicial to the Art of Government. 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 events in a private family. The public administration is, so to speak, oral and traditionary. But little is committed to writing, and that little is soon wafted away forever, like the leaves of the Sibyl, by the smallest breeze. The only historical remains in the United States are the newspapers ; 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 re- mains 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 OOVERNMMT OP THE DEMOCRACY IN AMERICA. 269 histopr of otI,er nations, i„ order to leam anything of the people wlio now inhabit them. ng ot tne thewr*",^",!'^ "' ','"' administration has penetrated into the habus ot the people ; it even nppea,. to suit the gene 1 no methodical system i, p„„ued; no ai-c-lu'ves are form^ upon them. I have amongst my papers several ori.n„al pubhc documents, ,vhich wer. given Jo me in the pS offices, m answer to some of my inquiries. In America ocety seems to live from hand to mouth, like an Tr^ ;' m the fie,d. Nevertheless, the art of ndministratioTI undoubtedly a science, and no sciences can be improved ■f the discoveries and observations of successive geneSn are not connected together, in the order in Ihich Ty occur One man, m the short space of his life, remark^ a feet, another conceives an idea; the former invents a means of execution, the latter ..duces a truth to a fo,™!^ ^d mankmd gather the fruits of individual experience on their way, and gradually fonn the sciences. But the p^,^ sons who conduct the administration in America can s!" dom afford any instruction to each other; and when tl v assume the direction of soc'ety. they simply possess thZ account of their number and magnitude. - Am. Ed. 270 DEMOCRACY IN AMERICA. attainments which are widely disseminated in the commu- nity, and no knowledge peculiar to themselves. Democ- racy, pushed to its furthest 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 ad- ministration, than to a nation which is uninitiated in public affairs. This remark, indeed, is not exclusively applicable to the science of administration. Although a democratic govern- ment is founded upon a very simple and natural principle, it always presupposes the existence of a high degree of culture and enlightenment in society.* At first, it might be supposed 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. CHARGES LEVIED BY THE STATE UNDER THE RULE OF THE AMERICAN DEMOCRACY. In all Communities, Citizens are divisible into certain Classes. — Habits of each of these Classes in the Direction of Public Finances. — Why Pub- lic Expenditure must tend to increase when the People govern. — ^Vhat renders tlie Extravagance of a Democracy less to be feared in America. — Public Expenditure under a Democracy. Before we can tell whether a democratic government is economical or not, we must establish a standard of com- parison. The question would be of easy solution, if we were to draw a parallel between a democratic republic and an absolute monarchy. The public expenditure in the for- mer would be found to be more considerable than under the latter ; such is the case with all free states compared with those which are not so. It is certain that despotism * It is needless to observe, that I speak here of the democratic form of (i;oyeniment as applied to a people, and not merely to n tribe. GOVERNMENT OF THE DEMOCKAOY IN AMEEICA. 271 ruim individuals by preventing them from produei„» wealth much more than by depriving them of what the; have already produced ; it dries up the source of riches, whdst .t usually respects acquired property. Freedom, on the cont.-ary, produces far mo.-e goods than it destroys; and the„at.o„swh.ch are favored by free institutions in vanab y find that their resources increase even more rap- idly than their taxes. '^ My present object is to compare free nations with each :herni':f "atr *^ '-"-^^^ °^ "^-"^-^ -- Communities, as well as organic bodies, are subject in their formation to certain fixed rules, from which they can- not depart. They are composed of certain elements which are common to them at all times and under all ch-cum- stences The people may always be mentally diWded into three classes. The fim of these classes consists of the wealthy; the second, of those who are m easy circum! stances; and the third is composed of those who have little or no property, and who subsist by the work which they perform for the two superior orders. The proportion of he mdividuals m these several divisions may vary accord- =y discover a multitnde of wants «h,ch they had not before been conscious of and to of 2 r "T^VT'" ■""^' "- '""• '» 'he clL «t tne state. Hence u happens that the public char.-es ■nci.ease m proportion to the civiUzation o^ the cou3 and imposts are augmented as lfr- ($2,400,000) lomce m. de Tocqueville wrote, all these snlnrio.. <• a • except that of the President h«v- i ""^ American officers, tion made to them if I more Z T'^''' "'''''''' ' '^' ^'^ '^^<^^ expenses of Hving. -IL eLj " "'' *° "^''^ "^ ^^ *'- ---«<» I have perhaps done wrong in selecting. P^nnn parison. In Prance, a. the demo^Ir IdeTc o7 tl'T" ^'.^°™- ever-mereasing influence upon the governmenT he Chlmh "J ''""'° '^^ 8.t.on to raise the low salaries, and to 102^1 ™'" '''""^ " '^'^P^' Minister of Finance, who rce" d 'eo ooo f 'T'u °"'" ^''^^^ ^^« 80.000 fr. in 1835 ; the m-ecZ^^^ ^^ ^^"'"^ ''^ ,^P-' -eivea 50.000 fr., now receive only 20 000 fr ' '''''' '^''' ''''^^ :h (!■ 278 DEMOCRACY IN AMKRICA. ones often have not more than enough to procure tlio iieces^:arle8 of life. Tlie reason of tliis fact is easily dis- co vri able from causes very analogous to those which I have just pointed out. As a democracy is unable to con- ceive the pleasures of the rich, or to witness them without envy, so an aristocracy is slow to understand the privations of the poor, or rather is unacquainted with them. The poor man is not, properly speaking, of the same kind as the rich one ; but he is a being of another species. An aristocracy therefore cares but little for the condition of its subordinate agents ; and their salaries are raised only when they refuse to serve for too scanty a remuneration. It is the parsimonious conduct of democracy towards its principal officers, which has caused more economical pro- pensities to be attributed to it than it really possesses. It is true that it scarcely allows the means of decent main- tenance to those who conduct its affairs ; but it lavishes enormous sums to succor the wants or facilitate the enjoy- ments of the people.* The money raised by taxation may be better employed ; but it is not economically used. In general, democracy gives largely to the people, and very sparingly to those who govern them. The reverse is the case in aristocratic countries, where the money of the state profits the persons who are at the head of affairs. • See the American budgets for the support of paujjcrs, and for gratui- tous instruction. In 1831, over $250,000 were spent in the State of New York for the maintenance of the poor; and at least $1,000,000 were de- voted to public instruction. [In 1858, the total expenditure for the relief of the poor in the State of New York was $1,491,391; and for common schools, $ 3,653,995. — Am. Ed.] The State of New York contained only 1,900,000 inliabitants in the year 1830, which is not more than double the amount of population in the D€pariement du Nord in France. [la 1855, the population of New York was 3,466,212.] i^^mmmti'Jiiiiu. OOVEKXAIKNT OF THK DEMOCRACY IN AMKUICA. 279 gayetfes of an hour. Othe« Tl . ! ''''"' "P"" "'^ 'o more ,„iet enjo^^t^d I ^21' rrfol appeanng ,o be pleased. In some countrir I,S ™ w f 7»" '^ l-uty of public edifice,; toZ to" lung wh.ch ,s un,>roductive is regarded wi h conteZ -p::;i;iV:'^ic^s:-,i:irnr^^^^^^^ taxes are under the control of the neonle l.n^ K ? people take no delight in festivit es.'Tf 1;^^^^^^^^^^^ ornament from their architecture and ! ''^^ ''P"^^^*^ ^11 but praCca, and home,, adC^leMt tZ^Z n-e under democratic institutions, but because hey^T commercial nation. The habits of private life a.^ "1 jnued ,n public ; and we ought car'efiUly t^^ ^sTng^^fc la economy which depends upon their iLtitutasTm *a .^ich . the natund result of their habitudes td 280 DEMOCRACY IN AMERICA. WHETHER THE EXPENDITURE OP THE UNITED STATES OAN KE COMPARED WITH THAT OF FRANCE. Two Points to bo establiHiied in orJer to estimate tlio Extent of the Public Charges, viz. the NtUional Wealth, and the Rate of Taxation. — The Wealth and tl>e Charges of France not accurately known. — Why the Wealth and Charges of the Union cannot Ihj accurately known Re- searches of the Author to discover the Amount of Taxation of Pennsyl- vania. — General Symptoms wiiich may serve to indicate the Amount of the Public Charges in a given Nation. — Result of this Investigation for the Union. Many attempts have recently been made in France to compare the pubUc expenditure of that country with the expenditure of the United States. All these attempts have, however, been fruitless ; and a few words will suffice to show that they could not have a satisfactory result. In order to estimate the amount of the public charges of a people, two preliminaries are indispensable : it is neces- sary, 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 it, would be a futile task ; for it is not the expenditure, but the relation of the expenditure to the revenue, which it is desirable to knuvv. The same rate of taxation which may easily be supported by a wealthy con- tributor will reduce a poor one to extreme misery. The wealth of nations is composed of several elements ; real property is the first of these, and personal property the second. It is difficult to know precisely the amount of cultivable land in a country, and its natural or acquired value ; and it is still more difficult to estimate the whole personal property which is at the disposal of a nation, and which eludes the strictest analysis by the diversity and the number of shapes under which it may occur. And, in- OOVEBNMKNT OF THE DEMOCRAOV ,N AME«,CA. 2«] deed, we find that the nations of Europe „hW, |.»v- 1 .He longest civilised. i„eU.ding even thl il v^ eC he J ni.n,stnu,„n is ,nost eentndii,, have not s„ e td,t ™t' m determnung the ex„ct amount of their wealtn. ^ In Amenca, the attempt has neve,- hecn mad. for how woud snch an investigation be possible in „ new ..it «he e soeio y has not yet settled into fixed and trnS tuui^^d: r "" "1"""' «"^'^™'"^"' -^ '«'« — S dir"e Tone enT ""?-"»- " -" command and o-recttoone end, -a„d where statistics are not studied because no one ,s able to eolleet the necessary doeume ,te or find tune to peruse them? Thus the prim^a J el meM^ of the eaeulafons which have been made' in fL e cat not be obtained in the Union; the relative wealt^'of the two countnes is unknown: the property of the former ^ ptin^thrt^r'""'-^-— ---- necessary term of the comparison, and I confine myself to a computation of the actual amount of taxation wi2,t .nvest,gati„g the ratio of the taxation toT 'r^l 'u faethtated by thus narrowing the circle of my researches It cannot be doubted that the central admi^rt^bn of France, assisted by all the public ofiicers who at Us ds posal, m,ght determine precisely the amount of the di^ t and .nchrect taxes levied upon the citizens. But this n vesbga^on, winch no private individual can undertake has not Intherto been completed by the French gov rnmem or, at least, .ts results have not been made p^nbl c We are aciuamted with the sum total of the charges of the Z Z17 *' """■""J f '"« aepartmentaf expen U ture, but the expenses of the communa have not been computed, and the total of the public expenses 0?^^ is consequently unknown. "■ trance ^ftSS^SSiiv, 282 DEMOCRACY IN AMERICA. If we now turn to America, we perceive that the diffi culties are multiplied and enhanced. The Union publishes an exact return of the amount of its expenditure; the budgets of the four and twenty States publish similar re- turns ; but the expenses of the counties and the townships are unknown.* * 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 dis- cover the amount of the public expenditure in tlie to^vn8hip8 and counties of the principal States of the Union ; and I readily obtained the budget of the larger to^vnships, but found it quite impossible to procure that of the smaller ones, I possess, however, some documents relating to county ex- penses which, although incomplete, are still curious. I have to thank Mr. Richards, former Mayor of Philadelphia, for the budgets of thirteen of the counties of Pennsylvania, — viz. Lebanon, Centre, Franklin, Fayette, Mont- gomery, Luzerne, Dauphin, Butler, Alleghany, 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 influ- ence the condition of a country, that they may fairly be supposed to furnish a correct average of the financial state of the counties of Pennsylvania in general. The expenses of these counties amounted, in the year 1830, to about $ 342,900, or nearly 69 cents for each inhabitant ; and, calculating that each of them contributed in the same year about $ 2.43 towards the Union, and about 72 cents 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 $ 3.84. 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 .Ticrit o F not being conjectural. [This estimate probably errs by excess. In tlie American Almanac foi 1847, a careful computation, founded on numerous returns, makes the aggre- gate of national expenditure for each inhabitant 97 cents ; of State expen- diture, 50 cents ; of town or city, including county, expenditure, 92 cents ; — making the total cost of government for each person $ 2.39. Mr. Liv- ingston, in a calculation made in 1832, estimated the cost of government in the United States at an average of $2.15 for each person. In 1838, Mr. H. C. Carey of Philadelphia estimated it at $2.19. Allowing for the dif ferences created by the lapse of years, these three estimates, founded on in dependent data, agree remarkably well. — Am. Ed.] «*».«i'?St»aiti»-,f. OOVERMNT OP THE DEMOCHACY IN Ajn^R.OA. 283 «J!r/\t''''' ""''■""'y <=«»"<" Oblige the State govem- Ment, to tlTow any light upon this point; and evenTf ^d,.tmaybe doubted whether they are able to furnish a osif tZ rr:^ ^"'•.^P-dentl/of the naturaldffitul! r„ ,Id b . , ' *" •""""""' '•■•S»->''"ion of the country uodd h,nder he sucees, of their efforts. The county aZ own mag,strates are not appointed by the authorities of the State and are not subjected to their control. It is therefore allowable to suppose, that, even if the sL wa des,rous of obtaining the returns which we require, ifs dt dmate officers whom .t wouM 1,« obliged to employ.* It is AmeZT "''" '"" """"'"*"' *" """P"" "" «P™» of France mi America have at once nerecivpfl th^t „« u . -^''»u^e ana between thP tn.„i ^J^^'"'''^^' t^at no such comparison could be drawn occurs in the Frenches em of fin! ^'"^ .^^"'^t''^^. nothing of the kind Man,c^al expe„.e, e,i.. to both c„„„,ri.,, b„, .hej- a,, « .,,™y, .^„. be asked what is to be understood hvtZ ^ T ^^' ™°'-««^«'-. Tha „- • . « , «aaerstood by the municipal expenses of AmericR 284 DEMOCRACY IN AMERICA. f) in fact useless to inquire what the Americans might do to forward this inquiry, since it is certain tliat they have liilh- erto done nothing. There does not exist a single individ nal at the present day, in America or in Europe, who can inform us what each citizen of the Union annually con- tributes to the public charges of the nation.* 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 America. I will even add, that it would be dangerous to attempt this comparison; for when statistics are not based upon computations which ♦ 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 tlie truth. Governments not only demand supplies of money, but call for personal services, which may be looked upon as equivalent to a given sum. When a state raises an army, besides the pay of the troops which is fiimislicd 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 security, and in reality surrenders to the state those earnings which he is prevented from gaining. Many other instances might be cited. The governments of France and America both levy taxes of this kind, which weigli upon the citizens ; but who can estimate with accuracy their relative amount in the two countries ? 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 are not assumed by the state in America, and vice versa. The French government pays the clergy ; in America, the voluntary principle prevails. In America, there is a legal pro- vision 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 labor take place on very few roads, — in America, upon almost all the thoroughfarcf : in the former country, the roads are free to all travellers ; in tlie latter, turn- pikes abound. All these differences in the manner in which taxes are levied in the two countries enhance the difficulty of comparing their expenditure ; for there are certain expenses which the citizens would not be subject to, oi which would at any rate be less considerable, if the state did not undertake to act in their name. «J&**&-ii.i***£fria:i^tS :.-5.'b*w*sA<. M'^rtB^SSb*^ ■■' GOVERNMENT OF THE DEMOCBAOV m AMERICA. 285 are strictly accurate, tliey mislead insteud of guiding ari<'^« ^l'" of those wl,„ confer '„ "" " "'^' ""■ "'« """''^" democ, J ZZX': "-"'"T'^ S.-eat. Perhaps, in sides, it would be necess' vT„ . """''' '"''• '^ on^, that t„e attempt riZhlt '""" ''-'- ■" 'y ^ar- any one ace": d of snen u"""^ ^"""' ' "^^^ hearxl but I ],ave .ft „ held ."^ >!' "'"'"' '" '"'^''"8 ™'«« ! tioned. sti,, roX:t,r.'r c :f -^'^ '- are themselvr coXu, Vt T '""''^ "' =" '"'""'^^'^ of the people is dir^tassldT it™? S;? "r'"^ ""fluence is exercised which is st I! 1 . i ^ '"''"*'" A^the™,e.„fdej;rir::e"dri,s ■'■-•liii i I ! t y ' 288 DEMOCRACY IN AMERICA. ^ suspected of dislionorable conduct, they in some measure lend the authority of the government to the base practices of which they are accused. They thus afford dangerous examples, which discourage the struggles of virtuous inde- pendence and cloak with authority the secret desio-ns of wickedness. If it be asserted that evil passions are found in all ranks of society ; that they ascend the throne by hereditary right ; and that we may find despicable charac- ters at the head of aristocratic nations, as well as in the bosom of a democracy, — the plea has but little weight in my estimation. The corruption of men who have casually risen to jiower has a coarse and vulgar infection in it. which renders it dangerous to the multitude. On the con- trary, there is a kind of aristocratic refinement, and an air of grandeur, in the depravity of the great, which frequently prevent it from spreading abroad. The people can never penetrate into the dark labyrinth of court intrigue, and will always have difficulty in detect- ing the turpitude which lurks under elegant manners, re- fined tastes, and graceful language. But to pillage the public purse, and to sell the favors of the state, are arts which the meanest villain can understand, and hope to practise in his turn. Besides, what is to be feai'ed is, not so much the immo- rality of the great, as the fact that immorality may lead to greatness. In a democracy, private citizens see a man of their own rank in life, who rises from that obscure position in a few years to riches and power ; 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 vir- tues is unpleasant; for it is tacitly to acknowledge that they are themselves less virtuous or less talented than he was. They are therefore led, and often rightly, to impute his success mainly to some of his vices ; and an odious -MaiU*MtiMaiitm»Mit,, 4te»t.., ■- which ruled over France Tms W tW "" ""^'"'^''^ an insult to the -publi^ ^1'^/; ;-:; J"-^^^^ United States afford the fi„t example !f 1~' -ewi.e„tht:L^r:;— -he"::- tabto .d„,i„ aT^, L"r •" "■"' ''»'>"■ "ia. » ti.eir life. ,a, «hote people. *™" *"'«'' '""="" •«»!««, which w.» ,„.de by . 19 290 DEMOCRACY IN AMERICA. But as the contest was prolonged, private selfishness began to I'eappear. No money was brought into the public treas- ury ; few recruits could be raised for the army ; the people still wished to acquire independence, but would not em- ploy the only means by which it could be obtained. " Tax laws," says Hamilton, in the Federalist (No. 12), " have in vain been multiplied ; new methods to enforce the collec- tion 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 ad- ministration 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 attempt- ing them." Since that period, the United States have not had a sin- gle serious war to carry on. In order, therefore, to know what sacrifices democratic nations may impose upon them- selves, we must wait until the American people are obliged to put half their entire income at the disposal of the gov- ernment, as was done by the English ; or to send forth a twentieth part of its population to the field of battle, as was done by France. In America, the 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 compul- sory recruiting, that I do not think it can ever be sanc- tioned by the laws. What is termed the conscription in France, is assuredly the heaviest tax upon the people ; yet how could a great Continental war be carried on without * It is not entirely correct to say that the conscription is unknown in the United States. Troops were drafted from tlie militia occasionally during the Revolution, and in the course of the war with England in 1812. — An. Bd. -•■^f^tMt&fMt^ J. '^■i*-i». Mi«i»«.,ifeisa "«^.4»fcw.... ^HIH^^^H ^^^^^^B-^_ ^^^^^^^^H ^^^^HH^HI «OVKBNMm 0. THE DEMOCACV m .MKHIOA. 291 It? The Americans have not adopted thp n.u: 1 of impressing seamen, and they 1 .ve „t, ' ,' .T""" responds to the French svsH „7 ^"^ '''""'' '^'"■- the navy, as well as the T T ""*""" '=«n^™Ption ; voluntee^. Bn it is 1^ "' '"•™'' '^ '"PPli^d by can snstain a gr^m^r eZ'Xfhir " """'"' to one or the otlier of .1, / "'""u' having recourse Union, which hrieadV^ir™,;^'''™- '""''»''• *« >- never had a nu;:l'°S i:^' hT" "?"" "^ ^^'«' few vessels has always been veTyel^ ^r^'P""^"' "^ ''^ -trrdf«e:^"„~{---thenn- without adopting the LTTT- ^'"""' "" "'^ ^^as, conscriptionf C^tZ^'^'Z^T' "^ ""-'■•- who exercise the supreme auL./ ! "f "'" ''""P"'- measures. '^ Mthonty, to submit to such 4% trr eLtl' " "■■"" 1 '^"^-' ^ ^- P«P'e beh-eve that tUs tT ^? '"^ ""'''•• ^^-^ ^ '"^ "e to Which the^mre!^ ;:;::d*r T-- '» *an for^tr'p:, :;;it™t^;^r*^'''^ ^'^- which beset the pohti^al ex' t'of ntilt ' tT ''"""' 1.5 very evident • PnfKn.;„ nations. The reason *ey win not s^p^o Vem W ' ^1 "■'*""' -"^^"o"' 'ion even in thTimpul^ JL.^ZZ"^''''' '^''^t ^pposed; and although the ii,^ IZ', '\g<»>erally »ion alone, perseverance ^ , ' ^'^ """'« V pas- view of wLa't one Tfigh Lrr'f °" '^ "^ '' '"^•'-' ..pon1uUm:naXSZ'lilff'"'"%^^^^^^^ . in.indemoc.cie.. tL ;:^t:i::^:::tTar r! ii 292 DEMOCRACY IN AMERICA. t ti 111 a to reason ; and if their present sufferings are great, it is to be feared that the still greater sufferings attendant upon defeat will be forgotten. Another cause tends to render the efforts of a demo- cratic government less persevering than those of an aris- tocracy. Not only are the lower less awake than the higher orders to the good or evil chances of the future, but they suffer more acutely from present privations. The noble exposes his life, indeed, but the chance of glory is equal to t^'^ "hance of harm. If he sacrifices a large por- tion of his income to the state, he deprives himself for a time of some of the pleasures of affluence ; but to the poor man, death has no glory, and the imposts which are merely irksome to the rich oflen deprive him of the neces- saries of life. This relative weakness of democratic repubUcs in critical times is, perhaps, the greatest obstacle to the foundation of such a republic in Europe. In order that one such state should exist in the European world, it would be necessary that similar institutions should be simultaneously intro- duced into all the other nations. I am of opinion that a democratic government tends, in the long run, 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 an absolute mon- archy. If a democratic country remained during a whole century subject to a republican government, it would prob- ably, at the end of that period, be richer, more populous, and more prosperous, than the neighboring despotic states. But durjiig that century, it would often have incurred the risk of being conquered by them. •>4»«-'W«i^»»Si*.. W«.»6WJh«.i!»»fci OOVMNMENT OF THE DEMOOBAOV m AMEmoA. 298 .KLK-CONTBOL OF THE AMBH.CAN KEMOCRAOT. mocracy are. for the mo«t part, ropamble. ^'"'"^ ^ The difficulty which a democrarv fin^o • the passions anLubduing the dt?;eLf ^ ^" ^^"^^"^ a view to fh^ fi,f • r' ^ °* *"® mument from terer,, find Za. Sltv t '"'"'"' """"""^"^ ^^ ««'• tions, whene'er tW:l'^".:T"™'7 ">-■• '-"na- m Amenca, the legislation is made by thel^^tl^'' he people. Consequently, i„ the uL d | afe^ tre W :;r T "^^^ ^'r'' ^""-"^ - ■»-' '«« t s've law of whi.W. '''•''"" '"' '""^^ *»' » offen- sive law of which the majority should not see the imm». diate „.h.y wotdd either not be enacted or no 0^7^" rupL^ noT b " 'I "° '"" '^"'" fra-dulent'^tnk- r^taes not because they a.^ few, but because they ^ many. The dread of being prosecuted as a bankruot^! Zhl./- ! ''™^?P'<=y of «*«■«; and a sort of guilty prance .s extended by the public conscience to an oS which every one condemns in his individual caDaritv T Aene States of the Southwest, the ct 3 l^raU^ take justice into their own hands, and murders STfl 294 DEMOCRACY IN AMERICA. 1 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 hi great abundance from their cheapness. " How comes it,' said I, "that you do not put a duty upon brandy?" " Our legislators," rejoined my informant, " have fre- quently thought of this expedient; but the task is diffi- cult: a revolt might be apprehended; and the members who should vote for such a law would be sure of losing their seats." " Whence I am to infer," replied I, " that drunkards are the majority in your country, and that tem- perance is unpopular." When these things are pointed out to the American statesmen, they answer, " Leave it to time, and experi- ence of the evil will teach the people their tme interests." This is frequently true : though 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 acknowl- edged its mistake, are greater also; because it is rarely embarrassed by interests which conflict with those of the majority, and resist the authority of reason. But a de- mocracy can obtain tnith only as the result of experience ; and many nations may perish whilst they are awaiting the consequences of their errors. The great privilege of the Americans does not consist in being more enlightened than other nations, but in being able to repair the faults they may commit. It must be added, that a democracy cannot profit by past experience, unless it has arrived at a certain pitch of knowledge and civilization. There are nations whose first education has been so vicious, and whose character pre- sents so strange a mixture of passion, ignorance, and erro- neous notions upon all subjects, that they are unable to discern the causes of their own wretchedness, and they fall a sacrifice to ills of which they are ignorant. ^•i*^-**!?*.?^- «H„ OOVEBNMKNT OF THE DEMOCKACV ,N AMEEICA. 295 «^ *i, • . , "^^""0 ot their numbers, and of tliP rrlnrnr of their independenofl • an.l t u i , S'ory ine.-.a..,e. The, ^C^r^m^tTZX'T feel the woes which year after ve„/l ^' ""^ heads, but they will pSio » T T "P™ "'™ are regarded w.'fl, . • i quarter of a century H.,CeXnw^T;e:iT:XtTS their „a(„™? slate. But who can affirm that t.^ I . are uot at the p.se„t time, the most^rtut's^ o T oouth American SDaniard« ? t« *v, ^ -ruggling in the de Kan a^st L^Sr 7 t' are insufficient to rescue if Tl,l • i u ^^'^'*^* * it 296 DEMOCBACY IN AMERICA. CONDUCT OF FOREIGN AFFAIRS BY THE AMERICAN DEMOCRACY. Direction given to the Foreign Policy of the United States by Washington and Jefferson. — Almost all the Defects inherent in Democratic Institu- tions are brought to Light in the Conduct of Foreign Aflairs; their Ad- vantages are less perceptible. • We have seen that the Federal Constitution intrusts the permanent direction of the external interests of the nation to the President and the Senate,* which tends in some de- gree to detach the general foreign policy of the Union from the direct control of the people. It cannot, therefore, be asserted with truth, that the foreign affau-s of the state are conducted by the democracy. The policy of America received a direction from two men, — Washington and Jefferson, — which it observes to the present day. Washington said, in the admirable Fare- well Address which he made to his fellow-citizens, and which may be regarded as liis political testament : — "The great rule of conduct for us in regard to foreign nations is, in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be ful- filled with perfect good faith. Here let us stop. " 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 prtifi- cial ties, in the ordinary vicissitudes of her politics, or the ♦ " 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 Senarors present concur." The reader is reminded that the Senators are returned for a term of six years, and that tlicy are chosen by the legislature of each State. '•*^f^-^»m>i,j<^^.ta'. «OVEBNMEKT OF THE DEMOCBAOV m AMEBICA. 297 ander an efficient gove^mem LZ^'"""'^^^'' when we may defy'n,aSl> C Ix^^j ^ '"' ance : when we mo^ ♦„!, i ^ external annoy- lightly hazard the It,^ »eq„«.tio„, upon us, wiU „„t cW pe^ wSTf r^-^""" ■• when we may «haU coLsd. ' " °" ■"'^'"'' e'"'J«'J V J-tice, m7ul/Z^^ *e advantages of so peculiar a situation ? wny quit our own to stand upon foreign around ? ^ bymterwea^g our destiny with thatff f^^ o7^' rope, entangle our neaop ^r,A r.r, •. "^ ^ * ^^" 298 DEMOCRACY IN AMERICA. animosity or to its affection, either of which is suflicient tn lead it astray from its duty and its interest." Tlie political conduct of Washington was always guided by these maxims. He succeeded in maintaining his coun- try in a state of peace whilst 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 dissen- sions of the European powers. Jefferson went still further, and introduced this other maxim into the policy of the Union, — that "the Amer- icans ought never to solicit any privileges from foreign nations, in order not to be obliged to grant similar privi- leges themselves." These two principles, so plain and just as to be easily understood by the people, have greatly simplified the foi^ eign 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, as yet, 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 its wishes, and it is neither called upon to repudiate nor to espouse them ; whilst the dissensions of the New World are still concealed within the bosom of the future. The Union is iree from all pre-existing obligations ; it can 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. I: is not, hke them, compelled to accept an immense inheritance bequeathed by their forefathers, — an inheritance of glory mingled with calamities, and of alliances conflicting with national antipathies. The foreign policy of the United States is eminently expectant ; it consists more in abstain- ing than in acting. "« ■«».'*!*»a«ai»a«fc... w»i»*»ii(Mw«ie ' oeeurrences of life which is called good sense gZ ' u„es ot democi'atic hberty in the hiternai affairs of fhp ra'Zs:""' "'"" '"""'"'''"' '- "'^' ^^'^^'■'- ma d n ouat,c government. Jiut it is not always so in the relations with foreign nations. ^ contr ^:2p:^:ti: ^=r&- - dch,,ent. Democracy ,s favorable to the increase of .1 . niternal resources of a state • it ,i;fl' "'<^;'-'«e "' the fort, promotes public spiran'df,^ ",""''"' ""'' ""'"■ inj, jses if ie.7r;:r2::ir::^^ with great difficulty regull:; the VtatT;^^::^ execution in'^ " I ^ ^^^''^V'' ''''''' '"^ '' its measures with secrecy or at / ' """"'' '""'"'"' patience TI, ^ ' , • ^ ^'''^''' ^'^"«^^'I"^'nces witli patience. 1 ese are qualities which more e necial'y be- long to un uuhvichial or an aristocracv • nuA J ciselythe „u..ities by which a n:.! 11^1 'iSS" attams a donnnunt position. ""nviuual, Jf, on the contrarv, we observe the natund defects of :-, i| i^i^^iifflSatSlaSiij^-AjM 800 DEMOCRACY IN AMERICA. aristocracy, we shall find that, comparatively speaking, they do not injure the direction of the external affairs of the state. The capital fault of which aristocracies may be accused is, that they work for themselves, and not for the people. In foreign politics, it is rare for the interest of the aristocracy to be distinct from that of the people. The propensity which induces democracies to obey im- pulse rather than prudence, and to abandon a mature de- sign for the gratification of a monientary passion, was clearly seen in America on the breaking out of the French Revolution. It was then as evident to the simplest capaci- ty, as it is at the present time, that the interest of the Americans forbade them to take any part in the contest which was about to deluge Europe with blood, but which could not injure their own country. But the sympathies of the people declared themselves with so much violence in favor of France, that nothing but the inflexible character of Washington, and the immense popularity which he en- joyed, could have prevented the Americans fi-om 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 near- ly deprived him of the sole recompense which he ever claimed, — that of his country's love. The majority rep- robated his poHcy, but it was afterwards approved by the whole nation.* * See the fifth volume of Marshall's "Life of Washington." "In a government constituted like that of the United States," he says, " it is im possible for the chief magistrate, however firm he may be, to oppose for any length of time the torrent 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, t^oy did not scruple to compare him indirectly with the traitor Arnold. " By the opposition," says Marshall, " the friends of the administration were declared tc be »Q !3R.JEn'^ w<«»»fe«Me»a««».,i ^, OOVEENMENT OP IBE BEMOOBAOr n, AMEKIC^ 801 If the Constitution and the favnr nP fi r,i- , , it no,v condemn, ^ *■" "'"'^ "'^"^ ^'^^i^h recollect that nlLgllVo^^ "' "T'T "'■^" ^™ of pu^ose as an .JZ^^. "^^, ^l^f te "^ > '^'^ I- led astray by ig„„,ance or p^fon";: ^77^ ""^ may be biassed, and made to vaciUat^ 1^^/ f Ughtened fnri"' thatner^r^ " ' '"" '"' """ ' it -•Afti«i opportunity arrives. Aristocratic government proceeds with the dexterity of art ; it understands liow 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. Let us now imagine a community so organized by na- ture, or by its constitution, that it can support the transi- tory action of bad laws, and that it can await, without destruction, the general tendency of its legislation : we shall then conceive how a democratic government, notwithstand- ing its faults, may be best fitted to produce the prosperity of this community. This is precisely what has occurred in the United States ; and I repeat, what I have before remarked, that th e great advantage of the Americans con- / / s>tsin their bein£^le to ,£Qmmit.^lt s_which thgy "iny ^ af^wardft-^epair* ^ An analogous observation may be made respecting pub- lic officers. It is easy to perceive that the American de- mocracy 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 are more enlight- ened and more attentive to their interests. As the people in democracies are more constantly vigilant in their affairs, and more jealous of their rights, they prevent their repre- sentatives from abandoning that general line of conduc-r which their own interest prescribes. I n the second pla ce, , ?_HE!! ^® remembered, that, if the democratic magistrates more apt to misuse his power, he possesses it for~a shorter. y V «eW*f***«tftli/ikiK^i*^sii»( TtLitett^;^ V >ceeds le the me to acies, •tune, than t the y na- 'ansi- thout shall tand- erity irred efore ijon-// joaay^ pub- i de- ls to ut it their in a less ight- iO£le airs, <; • pre- Juct u ace, - / teis" rter. ADVANTAGES OF DEMOCRACY. 305 time^ liut there is ^e ^nother rea son wlnV.l. k ^f.'Il general and conclusivT'Trr^iTr^^^ such weretTie c ase, their virtues mi „1„ i-^-^-^' iSLil '^^5nSra3Fta&-„,i£'be ~^^^ h^vT^ r l ft, .f • . - ' " turned to a bad .account. I their having the same^intemts as the "/T ""1 "•""' all the classes into wliich society is divided Tl Z continue to form as it wor-o "™ea. lliese classes pec,, the arhiter ^„f their; :';rth:r.'";Ht:h: rich alone govern, the interest of the poor i, nlw ",'"* gered; and when the poor „,ake the la" tte ftC t incurs very serious rkU Tl i *"^ "'^l' does not cJns St ,W t '"'''■" i2gO-i£.democK,cy rounded Lh that'^l;:^L:^:^;^ - Tl ey may frequently be faithless, and frequeiitlv Tnsteken ! but they will never systematically adoptl li,,; 0^^' *«»«««*i»'**,«<,^i.j.. 306 DEMOCRACY IN AMERICA. liostile to the majority ; and they cannot give a dangeroua or exclusive tendency to the government. The maladministration of a democratic magistrate, more- over, is an isolated fact, which has influence only during the short period for which he is elected. Corruption and incapacity do not act as common interests, which may con- nect men permanently with one another. A corrupt or incapable magistrate will not concert his measures with another magistrate, simply because the latter is as corrupt and incapable as himself; and these two men will never unite their endeavors to promote the corruption and inap- titude of their remote posterity. The ambition and the manoeuvres of the one will serve, on the contrary, to un- mask the other. The vices of a magistrate, in democratic states, are usually wholly personal. But under aristocratic governments, public men are swayed by the interest of their order, which, if it is some- times confounded with the interests of the majority, is very frequently distinct from them. This interest is the com- mon and lasting bond which unites them together ; it m- duces them to coalesce and combine their efforts to attain an end which is not always the happiness of the greatest number : and it serves not only to connect the persons in authority with each other, tut to unite them with a consid- erable portion of the community, since a numerous body of citizens belong to the aristocracy, without being invested with official functions. The aristocratic magistrate is there- fore constantly supported by a portion of the community, as well as by the government of which he is a member. The common purpose which, in aristocracies, connects the interest of the magistrates with that of a portion of their contemporaries, identifies it also with that of future genera- tions ; they labor for the future as well as for the present. The aristocratic magistrate is urged at the same time, towards the same point, by the passions of the community, fe- ADVANTAGES OF DEMOCRACY. 807 repeated impuUsV A n 1 '..deej '" '"■ "^'" ""^'' e~a"S .tt "„1 ^" --^ -— r: jTj;:: uivmuais to the government of a countrv Tf not, however esMi^*» «Ko^ ^- "* •* i-uuntry. Jt can- England, ^ S:^Z'ZJT' '" ."""^S'^'-'- "^ ficed to ti.e advantage of t.'^M f "*"" "'■'<"' ^''<="'- 'I'at England, at the „ dat: T ™f «'vid- contemptible. Tl,ere is ind^l "'' ""'' sometimes ^i^^^^ rvienttotr' '■ ^ ..''^'""'^'"•-^'■"^ ^ institutions, there is a score ht? ' i '" """"^ratic 'he talents and virtues of t ose X c" '. ""'I*^'™'""^ ■nent, leads them to contribmeMl ,"'' "'" S"™™' their fellowK^reaturc, Tn " , ' '"'' *'"''^'' Wess democratic stat^rt),Pvi>,7 f " -"'■^"^I'S " ! and iji never,C^T5 ' "* ''''"" S«»ii-B.ultewMc_h they i IMAGE EVALUATION TEST TARGET (MT-3) \ '^"^, A f/. 1.0 I.I 1.25 i ■u K2 12.2 UUI- III— U IIIIII.6 - 6" V] <^ /2 ^h M '-^ rf Photographic Sciences Corporation 23 WEST M/ilN STREET WEBSTEfi.N.Y. 14580 (716) 872-4503 /-^ i^ ^ ^ \ \ "% .V \ ^o^^ C^ <^v. <> ^^. r^^> „<- 808 DEMOCRACY IN AMERICA. PUBLIC SPIRIT IN THE UNITED STATES. Instinctive Patriotism. — ratriotism of Reflection. — Tlicir different Char acteristics. — 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. TH^E_is_one sort of patriotic attachment, which princi- pally arises^^m thaLE^ l^ fflnaBIe feeling which connects the affections of man with his birthplace. This haturartoiicrness is"umted with a taste "ftif ancient customs, and a reverence for traditions of the past ; those who cherish it love their country as they love the mansion of their fathers. They love tlie tranquillity which it affords them ; they cling to the peaceful habits which they have contracted within its bosom ; they are attached to tlie reminiscences which it awakens ; and they are even pleased by hving there in a state of obedience. This patriotism is sometimes stimulated by religious enthu- siasm, and then it is capable of making prodigious efforts. It is in itself a kind of religion : it does not reason, but it acts from the impulse of faith and sentiment. In some na- tions, the monarch is regarded as a personification of the countiy ; and, the fervor of patriotism being converted into the fervor of loyalty, they take a sympathetic pride in his conquests, and glory in his power. There was a time, under the ancient monarchy, when the French felt a sort of satisfaction in the sense of their dependence upon the arbitrary will of their king ; and they were wont to say with pride, " We live under the most powerful kin™tinctive pa- .no., fruit jr7™;^isri: "' '"v^'*"'' "-' '^ ^ ■■^ is nurtured b, the lit t% J3 ''°™ ''"""'^'^g^' "ghts; and, in the end i hf f f . ^''^'"'"^ '^"'''' interests of the citiU A "'"'^"''"'^'^ ''i* tho personal which the well-being of hiTeountr?'''''™'*^ *^ ■"«»™^'' «ware that the laws perm^ T 7 "" "P™ ^^ °™ ' l'« i« Perity, and he labo^:™ 2™ '" 7'"''? '» «>at pros- fits him, and secondly tecZ ! i' '• "'^'.'^^^''-se it bene- Bnt epochs someL^": „',' V\C\r^ T" ""^'^• when the old customs of a neonl I * "^ ^ ""i™. ■^Hty is destroyed, relilTj /f "''™g^<'' Poh'ic mo- tradition broken, vW^fle dl ■ ■*?' ™<' *'' ^P^" «"• imperfect, and the J tht „f 1" '™-^'^''^« ■« ^^ secured, or confined within" narl t^r^rf ^ "" '" then assumes a dim and ,I„k; T ^'"'^ country citizens,- they noTon^erthZ ^ "" ,!" *^ ^"^ "' *e inhabit, for that soil fs to tL •'" *" '"" '"'"'^1' 'hey *e-«.ges of their k:^;rw~h:r^'f' ""^ '" regard as a debasing yoke • norl r ^ !""'" '""""'^^ '» doubt, nor in theYws, ^H, dotr"' "■ "' """ ^^^ own authority; nor in tL ; . °"S»iate in their fepise. The'^'j;; 'tCft 2' ■'"""" *^^^''^-'«' neither discover it under L! '""'"'■ ^''y ean tnres, and they retire in o a ™'- ""''- '"'.-owed fea- selfishness. They t? e"l. .TJ ""'' unenlightened outhaWngaeknowlXelTh;'" ^T P^'J"*'-' -i*- neither th^e instinctKti^^^^^^^^^^^ "' "'^™ ' "^^^ >>-« reflecting patriotism of frepX h\T'^> "" *» ^— 'he two h. the n>ii?:ftL^ridt:r::r '#( «, SIO DEMOCRACY IN AMERICA. ^ (3LATO In this predicament, to retreat is impossible ; for a people cannot recover the sentiments of their youth, any more than a man can return to the innocent tastes of childhood : such things may be regretted, but they cannot be renewed. They must go forward, and accelerate the union of private with public interests, since the period of disinterested pa- triotism is gone by forever. I am certainly far from affirming, that, in order to obtain this result, the exercise of political rights should be imme- diately granted to all men. But I maintain that the most. y^ powerful, and perhaps the only, means which we still pos- sess of interesting men in the welfare of their country, is .to ma ke them partakers in the government. At the pres-"' ent time, civic zeal seems to me to be inseparable from the exercise of political rights ; and I think that the number of citizens will be found to augment or decrease in Europe in proportion as those rights are extended. How happens it that in the United States, where the inhabitants arrived but as yesterday upon the soil which they now occupy, and brought neither customs nor tradi- tions with them there ; where they met each other for the first time with no previous acquaintance ; where, in short, the instinctive love of country can scarcely exist; how happens it that every one takes as zealous an interest in the affairs of his township, his county, and the whole State, as if they were his own ? It is because every one, in his sphere, takes an active part in the government of society. The lower orders in the United States understand the influence exercised by the general prosperity upon their own welfare ; simple as this observation is, it is too rarely made by the people. Besides, they are wont to regard this prosperity as the fruit of their own exertions. The citizen looks upon the fortune of the public as his own, and he labors for the good of the State, not merely from a sense of pride or duty, but from what T venture to term cupidity. ADVANTAGES OF DEMOCRACY jJij mark, for their manners render it sufficiently evident T, the American participates in all that i, dn„„ ■ I he thh.ks himself obli,red t^ dZn \T " ''°""*^^' snred in if for it !, '1 f ««t"'' ^'""^™'' "^y "« cen- attacked, i is hil f "rr "^ *"' """""y "'"^'' '' *™ tional pr de Mr f ■ / T'''"™'='^ ''' "«" ''« ™- an.hep;-sr:;;rarvlir'""'' "^ "- JNothmg IS more embarrassing, in the orrlJno.. • . course of life th^r, tW.. • •. i.i ^ ordmary mter- cans A llr , ""'^^^^ patriotism of the Ameri- cans. A stranger may be well inolinprl f« • ^™^"- the instiTutions dflfts^uWB^^^^ T"^ "^<.^ >^niiiar-^s-^ ir Z™^^^^^ "^^^^ isl^xoraWj nStan^bodyThou^^ ' free countryrin which, allowed to spe^^^^^^^^ '^ r^. T"''^' ^^u are not state- of fV,! V ^ P"''^*^ individuals, or of the -ept, perhaps, the .?imate\:d tTl ^aifd'rvfnlen' o4"- Id t^:rmi::^T2!trnhfsrf f ^ and acti^nty which the fir,t ..!/ ' • '''^^ ^''''^^ - P.ed.j„f trani^-H-," t ^^t^^:!' NOTION OP RIGHTS IN THE UNITED STATES. No great People without a Notion of T?,VJ,f tr ,. , can be given to a PeonlP T f ~" ^"""^ *^' ^°*''«° «f R%ht Whence it ales '"'"' '" ''"■^'^* '"^ ^'^^ ^-^^d Spates- one. Ihe idea of nght is simply that of .drtue .111 ^'^i\ I 312 DEMOCRACY IN AMERICA. introduced into the political world. It was the idea of right which enabled men to define anarchy and tyranny ; Tnd which taught them how to be independent without arro- gance, and to obey without servility. The man who sub^ mits to violence is debased by his compliance ; but whe n J ^^^"^^^^ ^" ^^ jgL.^ght of authority which he jtckno^d ^^^^^J^^^Szcre^eT^nses in some meagure^abave Ifliejje^on^ft-glyjsjhllcflii^ There are no great men without virtue ; and there are no great nations, — it may almost be added, there would be no society, — without respect for right ; for what is a union of rational and in- telligent beings who are held together only by the bond of force ? I am persuaded that the only means which we possess, at the present time, of inculcating the idea of right, and of rendering it, as it were, palpable to the senses, is to en- dow all 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 appropriate to himself every- thing which he can lay his hands upon ; 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 despoiled, he becomes more circumspect, and he ends by respecting 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, the most democratic of nations, those complaints against property in general, which are so frequent in Europe, are never heard, because in America there are no paupers. As every one has property of his own to defend, every one recognizes the principle upon which he holds it. The same thing occurs in the political world. In Ame^ i' ADVANTAGES OF DEMOCRACY. 813 tl.at their own „ay „„. be vlla J^ wlt E^;: jf same classes sometimes resist even tl,„ ^ ' "'^ American submits withoTa m™™'; tZr T"' "^ the pettiest magistrate. *' *"*''"'y "^ the higher dl; The n?"^' "' ''"^'^^^'^ "'-"^l fo' ever the ricT re'recl'era'::! tf""'"^ '^""'''^ ''•■- with propriety, and ^;ectVw^;;rt::t ''^'^™ ments which they themselves share InCl ^ '"f^' wealth has a monopoly „f an,„3emr„t as wfS'n! " complamts are made, that, whenever tte n„ , '^"'' it is possible, the effects .^h ;es^ iZ'T" v"'^,"'"" pori^t, andladd,that,iftnvef r :L'f"jT such an attempt ought to be made, that time is no! n you not see that relioious belief Liu , ' ^^ notion of right is dedil , II ^'''"' """^ *« '"^"e and the notbn of motl ?L~*f """^^'"^ " ^'^< Argument Hu^Jti::^ ^I ITcT Y''' T^^'' impulses of sentiment If • !r '""?,'^»'™'''"on for the 314 DEMOCRACY IN AMEBICA. ■' 4- have of governing the world except by fear ? When I am told that the laws are weak and the people are turbulent, that passions are excited and the authority of virtue is par- alyzed, and therefore no measures must be taken to increase the rights of the democracy, I reply, that, for these very reasons, some measures of the kind ought to be taken ; and I believe that governments are still more interested in tak- ing them than society at large, for governments may perish, but society cannot die. But I do not wish to exaggerate the example which America furnishes. There the people were invested with political rights at a time when they could not be abused, for the inhabitants were few in number, and simple in their manners. As they have increased, the Americans have not augmented the power of the democracy ; they have rather extended its domain. ^ 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 one, — that the measure, though often necessary, is always dangerous. A child may kill before he is aware of the value of life ; and he may de- prive another person of his property, before he is aware that his own may be taken from him. The lower orders, when first they are invested with political rights, stand, in relation to those rights, in the same position as the child does to the whole of nature; and the celebrated adage may then be applied to them, Homo puer robustus. This truth may be perceived even in America. The States in which the citizens have enjoyed their rights longest, are those in which they make the best use of them. It cannot be repeated too often, that nothing is more fer- tile in prodigies than the art of being free ; but there is nothing more arduous than the apprenticeship of liberty. It is not so with despotism : despotism often promises to make amends for a thousand previous ills ; it supports tlie ADVANTAGES OF DEMOCRACY. 815 HBSPECr FOK THB tAW ,N THE CNTBD STATES, of tiie W. '°™' "' "^ °°« •« i-orease ,he P„wc, but it cannot'^ jenW th[; "hln t),-™"'™ "/ "" '"" ' thoritv of tl,„ I • , ■ " ""^ " possible, the au- iiionty of the law is much auamented Tr.;. . i . an amazinff strenrrfli ;« .i . power. Xliere is d^ng strength m the expression of the will nf o whole people; and when it declares itself evl .7 nation of those who would wish to colt I T '"'"^'■ The truth of this fact is !« tn .^^^^^^^^^^ consequent!, strive to .ake out a n.a/rif;re;e;: ^ Zir / ^7 '"^^ ""' '^'^ ^'^^*^r """^ber of voters on T;: uTJT"^ .,.„ „„, „„ 4r^ *^^ have re- in the Umted States, except slaves, servants • ™d n,., pe« supported by the townships, ther; is no iass of p": sons who do not exercise the elective franchise, a,"d wl" do not md-rectly contribute to make the law;. Thc»e 316 DEMOCRACY IN AMERICA. i^Bif ^' who wish to attack the laws must consequently either change the opinion of the nation, or trample upon its decision. A second reason, which is still more direct and weighty, may be adduced : m the United States, every one is^per- 8ona% interested irTenforcnTg^ ^ ^^ommumTy' to .tEeTa^vJ^or"as " tlie minority may shortly rally" the majority to its principles, it is interested in pro- fessing 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 comphes with it, not only because it is the work of the majority, but because it is his own, and he regards it as a contract to which he is himself a party. In the United States, then, that numerous and turbulent multitude does not exist, Avho, regarding the law as their natural enemy, look upon it with fear and distrust. It is impossible, on the contrary, not to perceive that all classes display the utmost reliance upon the legislation of their country, and are attached to it by a kind of parental af- fection. I^am wrong, howe ver, in saying all classes : for as, in America, the^ Eur opean scale of authority is in vPrfPfl, the wealtHTare there placedin^^osition analogous to that of the poor jn the Old Wprid,^nd it is the opulent classes who frequently look upon the law with suspicion. I have already observed tlat the advantage of demomcy is not, as has been sometimes asserted, that it protects the inter- ests of all, but simply that it protects those of the majority. ^ILthg_UnjtedStates^whprp thp poor, j:ttle»„th8.^lLhave l^ ways s omething to fear from the abuse of their^jiQw^r. This natural anxiety of the ricHmay produce' a secret dis- satisfaction ; but society is not disturbed by it, for the same reason which withholds the confidence of the rich from the legislative authority, makes them obey its mandates : their / as ^ ADVANTAGES OF DEMOCRACY. JJJJ tions, only tl,o™ ZuT ^ , • ^'"""^'^ ""''^"^ ""■ -,K.c.X::e .:a;r:^^^^^^^^ -;>«.,. wo...,., o. infrincro tl.o l„ J"* ^^sptctea , tor tJiose who usimllv to the decis.C of fhl 1 • I " ""■ ""'' """'''"• "> '"""ni' Besides, rTeopfe ' A^ "",' "''f'"" "'^'^ "'"y ''- cause it is theTr work bt "'"^ "" '"' '"" ""'^ ^ -posed eyi,, »a, second,,, it is .„ eyiro^f^^ra:!^ EHCISES UPON™™TV ' ™™^''«« ^V„,CH IT EX- More difficult to coDceivc tho Pnliiwi j .■ ■ Sf^^a, tl,»„ .he Freedom Ldp,r '^'"*" "■" "'"'='' Activity „,,icH pct^etr.! i,.,r,'''''T f "*"' """'• " '"" S™' en to confine l,i„,clfto l,i,ow„ Bn^fner-i;^! T^ ■■.°" ''"'"■'■ to all social Intercounse -r„™» """'f' ' »'"'™l Agnation extend, ...ril.„tal,le to tlTS^ TrTA^'""'^ °' '''° ^"■™""» P""'? «»". a DemocJo GolTn, en' ~' ^''■""'«" "'"* ^"-'^ "--i all is bust,e and actiX i, ^^tb ' .tr^' ' '" "'' '■"™'^'-' .^thern.ri::i;i^T,7t;:;^t^^^^ Of adyantages alread, ac,ui J. NTyr^lMhTer;' :•! I ¥ri *■ ^ 318 DEMOCRACY IN AMERICA. ifnf , pi' wJuch exerts itself so strenuously to become happy, is gen- erally more wealthy and prosperous than that which^ai)- pears so contented with its lot; and when we compare them, we can scarcely conceive how so many new wants are daily felt in the foi-mer, whilst so few seem to exist in the latter. If this remark is applicable to those free countries which have preserved monarchical forms and aristocratic institu- tions. It is still more so to democratic republics. In these States, it is not a portion only of the people who endeavor to improve the state of society, but the whole community IS engaged in the task ; and it is not the exigencies and convenience of a single class for which provision is to be made, but the exigencies and convenience of all classes at once. It is not impossible to conceive the surprising liberty . which the Americans enjoy ; some idea may likewise be T) formed of their extreme equahty ; but the political activity which pervades the United States must be seen in order to be understood. No sooner do you set foot upon American ground, than you are stunned by a kind of tumult ; a con- hised clamor is heard on every side ; and a thi)usand simul- taneous voices demand the satisfaction of their social w^^ts. ' Everything is in motion around you ; here, the people of one quarter of a town are met to decide upon the build- jng of a church; there, the election of a representative is going on ; a little further,lhe delegates of a district are posting to the town in order to consult upon some local unprovements ; in another place, the laborers of a village qmt their ploughs to deliberate upon the project of a road or a public school. Meetings are called for the sole pur- pose of declaring their disapprobation of the conduct of the government; whilst in other assemblies, citizens salute the authorities of the day as the fathers of their coun- try. Societies are formed which regard drunkenness as the S' ADVANTAGES OP DEMOCRACY. gjp T},« ^ . ^ ;. ^'"^amplo of temperance * elapses of the neonl™ j "'"<='> , ""g-nates in the West ranks of so tv IH, ""Hl'^' '"ccessively to ail the 'l.e V^rsuiZtvXZ ' '" '" ^'•^'^ ""^ *'' "' occuStrV^eu!:™ LT'n ?T'"™' ?'=•- ■■» *« .the o„I^ plea.u« w S an aL "'"'.'*'"" = »<• ■"'»-' ■ partin the government ,"1^ ! '""''" ''' ""«k« » ' women ftiquentlv attend „ 1 1- . '* = *™» *e poh-tical l~fs ' " '^ " ""'"''"S^- '"<' '«'» to tute fortheatrietl e„t rSnmenLan'A "'"''' ^"'"''- converse, but he P«n ^,-c ™^7V American cannot sertation: He'^e^Xout if \f ^^"^. f^^ ^ ^^«- meeting; and if he should chanci l f ""^ "^"^'"''^^ ^ ^cussion, he will sav TnlT *^,^^^«°»e ^arm in the whom he L conversini '" ''' ^^"^" "^'^' In som,e_countr?esrthp ;»T.»u:^-,Titii '^yail tliemselves of tlio IJ-J' 1 : ^ iinniilliiig to ..gives tKem; ft wOT^|= V-TO. . r u^rtK^r^^JSTtS^T^^^^ too high a valie^^^ "^ f'*li!St.JiLfStiunk feneer^al^TZllfl'T'' But if an American were cnnrlT^rTr-Mr'^*^' «««'«''• -H.owna.ai..he:„rrri::.rrety"«t -^ b«„ ■*^tt1fe, i 320 DEMOCRACY IN AMERICA. existence; he would feel an immense void in the life which he is accustomed to lead, and his wretchedness would be unbearable.* I am persuaded, that, if over a des- potism should be established in America, it will be more difficult to overcome the habits which freedom has formed, than to conquer the love of freedom itself. , Tlih jseaseless^^gitatiojnjwhic^^^^^ government £ l^asjntrod^e J^into t^^^ world^.infliieii££a_all-«ocial intercourse. I am not sure that, upon the wliole, this is not the greatest advantage of democracy ; and I am less inclined to applaud it for what it does, than for what it causes to be done. It is incontestable that the people frequently conduct public business very ill ; but it is impossible that the lower ordei-s should take a part in public business wlrhout ex- tenduig the circle of their ideas, and quitting the ordinary routine of their thoughts. The humblest individual who co-operates in the government of society acquires a certain degree of self-respect ; and as he possesses authority, he can command the services of minds more enlightened than his own. He is canvassed by a multitude of applicants, and, in seeking to deceive him in a thousand ways, they really enlighten him. He takes a part in political under- takings which he did not originate, but which give him a taste for undertakings of the kind. New improvements are daily pointed '^ut to him in the common property, and tliis gives him the desire of improving that property which \» 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 institu- tions of the United States, joined to the physical constitu- * The saino remark was made at Rome under the first Caasnrs. Mon- tesquieu somewhere alludes to the excessu'e despondency of certain Roman citizens, who, after the excitement of political life, Avere all at once flung hack into the stagnation of private life. ADVANTAGES OF DEMOCRACY. J2l tion Of the country, are the cause (not the direct as is .n often asserted, but the indirect cause) of the nrn^' the expe„e„ce derived from legislation. ^ When the opponents of democracy assert th»t , .• i n»n perfo™s ,at he undertakes bS^thV^^S ment ot all, it appears to me that they are nVht Th. n^er seen a de.oc.ti^ gLrnn.e„t%f ;i™ Sel «;:: stances and the dispositions of the people allow democratic nsh utions to exist, tl.ey do not display a regular »d ml tnings we 1, it does a greater number of things Und ,■ "s sway, the grandeur is not in what the S" .A-- tration does, but in what is done withlf H ^rtlid TfT -nnnen but it produces what the ablest governments^ / fequently unable to create; namely, an IpervadinTa^ ^ Mess activity, a superabundant force, and an efemv . which IS inseparable from it, and which n„y, I.owevtr S^,^"^ fevorable circumstances may be, produce wonder i,!^' are the true advantages of democracy.- ^ seem to'beT"' ^^' "'''" *' '^^^""'<^ "^ Christendom seem to be m suspense, some hasten to assail democracy as 3(1 Be a prodigious actu^al authorit; Id a exist wh, ,h can impede or even retard its progress, so as to make .t heed the complaints of those whLTt ll^Z upon Its path. This state of tilings is hannfiu i^^^- and dangerous for the future. * HOW THE OMNIPOTENCE OF THE MAJOKITy INCREASES ,» AMERICA, THE IN8TABIUTY OF LEGIST .Tm»!»^^ ISTRATION INHERENT IN DEMO^ACT " *™™- ..tralion _ In Amenc, the Pkm„„ ft,, ^ocW Improvement, i, .«!, greater, but leas continnous, than in Europe. '^ I HAVE already spoken of the natural defects of dem- «.ratic mstitutions ; each one of them increases in the sa^e mtio as the power of the majority. To begin withX most e«dent of them all, the mutability of the laws is 1 iiji 328 DEMOCRACY IN AMERICA. evil inherent in a democratic government, because it is nat- ural to democracies to raise new men to power. But this evil is more or less sensible in proportion to the authority and the means of action which the legislature possesses. In America, the authority exercised by the legislatures is supreme ; nothing prevents them from accomplishing their wishes with celerity, and with irresistible power, and they are supplied with new representatives every year. That is to say, the circumstances which contribute most power- fiiUy to democratic instability, and which admit of the free application of caprice to the most important objects, are here in full operation. Hence America is, at the present day, the country of all others where laws last the shortest . time. Almost all the American constitutions have been amended within thirty years: there is therefore not on^ American State which has not modified the principles of its legislation in that time. As for the laws themselves, a single glance at 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 it is allowed to follow, in the formation of the laws, the natural instability of its desires.* The omnipotence of the majority, and the rapid as well as absolute manner in which its decisions are executed in the United States, not only render the law unstable, but exercise the same influence upon the execution of the law and the conduct of the administration. As the majority is • The legislative acts promulgated by the State of Massachusetts alone, from the year 1780 tb the present time, already fill three stout volumes; and It most not be forgotten that the collection to which I allude was revised in 1823, when many old laws which had fallen into disuse were omitted. The Stote of Massachusetts, which is not more populous than a department of Prance, may be considered as the most stable, the most consistent, and the most sagacious in its undertakings, of the whole Union. tb; unlimited power of the majobitt. 829 the only power which it is important to court, all its pro. ject, ^ taken up with the greatest anlor; bJt no soo^ ;a .U attention distracted, than all this ardJr ceases ; wZ m the free sutes of Europe, where the administrati^ru a once independent and secure, the projects of the ^1^0 Tor otj^r"'"^' -" -■>» '" --''on isC"JI In America, certain improvements are prosecuted with much more zeal and activity than eUewhel; in EuC the same ends are promoted by much less social effS more contmuously applied. Some yeara ago, several pious individuals undertook to amehorate the condition of the prisons. The pubtte^ moved by their statements, and the reform of criminals C for the fiist fme, the idea of reforming as well as pun shin, the delmquent formed a part of prison discipline. " But th« happy change, in which the public had taken so h a«y an mter^t, ^d which the simultaneous exertions of the cituens rendered irresistible, could not be completed m w^wl 1. ■" °^'^" ""Jo^y ™ hastenmg thf number of offender.. These jaUs became more unwfo^ :T: "IZT d ^'^''T r *« "«- -tablishmel were reformed and improved, formmg a contrast which may r«.d.ly be unde^tood. Tie majority was so eagerly 2^ •'? f ""*"? *' ""=" P™""'- *"' *-« which ateady exited were forgotten; and, as the genend atten- Uon was diverted to a novel object, the cal which hTd h therto been bestowed upon the othera ceased. The sTl- utary regulations of disciphne were fct relaxed, and afto- a n^ :"i 1° """■ " *" '»'°«"'"« neighUoJof spiAof :''t '""■r"""^'' *» *« ■»"<» and'enUghtened ot the barbansm of the Middle Ages. m '1 i ^30 DEMOCRACY IN AMERICA. TYRANNY OP THE MAJORITY. How the Principle of the Sovereignty of tlio People is to be understood. — Impossibility of conceiving a Mixed Government. — The Sovereign Power must exist somewhere. — Precautions to be taken to control its Action. — These Precautions have not been taken in the United States. — Consequences. I HOLD it to be an impious and detestable maxim, that, politically speaking, the people have a right to do any- thing ; and yet I have asserted that all authority originates in the will of the majority. Am I, then, in contradiction with myself? 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 therefore confined within the limits of what is just. A nation may be considered as a jury which is empowered to represent society at large, and to apply justice, which is its law. Ought such a jury, which rep- resents society, to have more power than the society itself, whose laws it executes ? When I refuse to obey an unjust law, I do not contest the right of the majority to command, but I simply appeal from the sovereignty of the people to the sovereignty of mankind. Some have not feared to assert that a people can never outstep the boundaries of justice and reason in those aiFairs which are peculiarly its own ; and that conse- quently full power may be given to the majority by which they are represented. But this is the language of a slave. A majority taken collectively is only an individual, whose opinions, and frequently whose interests, are op- posed to those of another individual, who is styled a minority. If it be admitted that a man possessing abso- lute power may misuse that power by wronging his adver- saries, why should not a majority be liable lo the same THE UNLIMITED POWEB OF TUE MAJORITY. 331 repro«:h ? Men do not change tlieir clmracters by uniting of obstacles mcm.se with their strength.* For my own which I should refuse to one of my equals, I will nevw grant to any number of them. •'»''" "ever I do not think that, for the sake of preserving liberty it mme' t '° "t'"' "™"' P™"P'- ■" ">e same g;yl emment so as really to oppose them to one another. The form of goven.ment which is usually termed mixed has al- ways appeared to me a mere chimera. Accurately speak- ™g, tliere js no such thing as a nixed govemnj, l the ense usually given to that word, because, in all communi- ^es, some one principle of action may be discovered wUch preponderates over the othe.,. England, in the last cen- !r.?^'~/r *"'" ^P«™"y cited as an example of .^/"ll-f •"■"■"""'• -''^ "'^""'J'y "" aristocratic state, although it comprised some great elements of democ- racy ; for the laws and customs of the country were such that the aristocracy could not but preponderate in the Ion. run, and direct public affairs according to its own will The error arose from seeing the interests of the nobles perpetually contending with those of the people, withou considering the issue of the contest, whfcli'wr^aUy the important pomt. When a community actually li a mixed government, -that is to say, when it is equally divided between adverse principles, - it must either V nence a revolution, or fell into anarchy ' I am therefore of opinion, that social power superior to all others must always be placed somewhere; but I think h„,* ^V°° "" ,"""• """ ° '*"'''° """«" '""iWy "«"(t another people ■ T„T^ ' toward, another .„,„„, j. „„„„, j, ^^^ ,uTfZ may do the same towards another party. ^^ ■I I aa2 DEMOCRACY IN AMERICA. that liberty is endangered when this power finds no obsta- cle which can retard its course, and give it time to moder. ate its own vehemence. Unlimited power is in itself a bad and dangerous thing. Human beings are not competent to exercise it with dis- cretion. God alone can be omnipotent, because his wisdom and his justice are always equal to his power. There is no power on earth so worthy of honor in itself, or clothed with rights so sacred, that I would admit its uncontrolled and all-predominant authority. When I see that the right and the means of absolute command are conferred on any power whatever, be it called a people or a king, an aristoc- racy or a democracy, a monarchy or a republic, I say there is the germ of tyranny, and I seek to live elsewhere, under other laws. 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 irresistible strength. I am not so much alarmed at the excessive liberty which reigns in that country, as at the in- adequate securities which one finds there against tyranny. When an individual or a party is wronged in the United States, to whom can he apply for redress? If to pubhc opinion, public opinion constitutes the majority ; if to the legislature, it represents the majority, and implicitly obeys it ; if to the executive power, it is appointed by the major- ity, and serves as a passive tool in its hands. The public force consists of the majority under arms ; the jury is the majority invested with the right of hearing judic* 1 ^5 .-sj and in certain States, even the judges are elected by tbfl majority. However iniquitous or absurd the n^u^u^e of which you complain, you must submit to it as well as you can.* • A 6tri^{og instance of the excesses which may be occaaioned by the despotism of ihc uvvority occurred at Baltimore during the war of 18U THE UNUMITED POWER OF THE MAJORITY. 8SS be.W r > '»!?'«»»"' ""^ ™J»rity without neccsarily bemg the slave of ,ts pa«,io„,, an executive so as to retail a proper share of authority, and a judiciary so as TZ m«n independent of the other two powe^,";. govemmem factors Bat nv»n fK- '°^'* P"^°" •" common male- pliT °" "^^^r •'''"^'^'^-* «f Pennsylvania. ..Be so good a« to ex- e/ pay taxes , is it not fair that they should vote » » . ,'il 384 DEMOCRACY IN AMERICA. would be formed which would still be democratic, without incurring hardly any risk of tyranny. I do not say that there is a fi'equent use of tyranny in America at the present day ; but I maintain that there is no sure barrier against it, and that the causes which miti- gate the government there are to be found in the circum- Btances and the manners of the country, more than in its laws.* * This whole chapter is a glowing description of the evils whicli are to be feared in the United Statec from an abuse of the immense power of the majority. In the main, it is a truthfiil picture ; and yet the author allows himself to be so far heated by his own rhetoric as to forget the checks and limitations of this dominant p^ wer which he has himself elsewhere noticed. The very complexity of our frame of government enables us to set off and balance the strength of one majority against another. Thus the Federal and the State governments mutually restrain and limit each other, while each is restricted by many provisions in its own written Constitution, which are of the nature of a Bill of Rights. No law can be passed by the Federal Legislature without the concurrence of a majority of the States represented in the Senate, wherein little Delaware, with only one hundred thousand inhabitants, has as potent a voice as the Empire State of New York, with its three and a half milUons. Even the sturdy Ultle New England town- ship, so admirably described elsewhere by M. de Tocqueville, succeeds in causing its rights to be respected in the State Legislature, where it is im- mensely outnumbered, because the other townships would make common cause with it against any crying injustice, fearing that its case may become their own at some future day. Moreover, the majority in a State, or even in the United States, though a mighty, is also an unwieldy power, acting only at long intervals, once a year, or once in four years, and then through so many agents, and so much machinery, that the force of its blows is greatly impaired before they reach their object. It is only a figure of speech to say that the majority of the people make the laws, because they choose the members ot the Legislature. The delegates thus chosen respect their constituents, it is true, and strive in the main to conform to their wishes; and yet they act very differently from what those constituents would do, if allowed to come together whenever they pleased, and directly enact any law that pleased them, upon any subject. The necedsary delays in law-making, the compliance with established forms, the suspensive veto of a Governor or u President, the fear which each individual legislator entertains lest the proposed enactment, though it may gratify hia Diesont :mBmi THE OTLUIITED POWER OF THE JIAJOBITY. 335 n«^AHBrrRAET ABTHORITV OP AMERICAN PUBLIC Z '■''Z^::y^l ^- ^- ^ ^^"« 0«- "i'^in . cen-. A DISTINCTION must be dmwn between tyranny and arbitraiy power. Tyranny may be exei^ised b^2,s of the law itaeU; and in that case it is not arbitraiy"; JbUra^ power may be eKercised for the public good, i7;h h S tlZlXTZL^TZ n ^-'"r """-^ T 1 XT . "™'^'^yi " can do without them. In the Umted States, the omnipotence of the maioritv >Wuch .s fa- orable to the legal despotism of the le^Stu^' hkewise .avors the arbitrary authority of the n^istraS l« mad. «, .hi„*„r«t'„'e Z^J f^l *" •"" '■'""■"°°' the nm-orit, onlr „„7himT\- «'*"''"•'»"•'■'' compose 1, ,>« . xie will also reflect, that the change of a very few votos ma^ !;t*.::stL°° *: °"-°' * ■■- -^'"^ '^» ™^ »■■«- --s „f^,i!rr , .' "V^'CM expedient which he may now adoi.l W.U the» te a formidable precedent u, be „ed a^ata. him. ' Sen,raUy operates in Amenca to the disadvantage of the Negtoes M de B^rm M, *,e ft„.en, e^eut. at Paris, and , thousand otiter hi«,ric.I m m'm S36 DEMOCRACY IN AMERICA. The majority has absolute power both to make the law and to watch over its execution ; and as it has equal authority over those who are in power, and the community at large, it considers public officers as its passive agents, and readily confides to them the task of carrying out its designs. The details of their office, and the privileges which they are to enjoy, are rarely defined beforehand. It treats them as a master does his servants, since they are always at work in his sight, and he can lirect or reprimand them at any instant. In general, the American functionaries are far more in- dependent within the sphere which is prescribed to them than the French civil officers. 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 power, of the majority, they dare do things which even a European, accustomed as he is to arbitrary power, is astonished at. By this means, habits are formed in the heart of a free country which may some day prove fatal to its liberties. POWER EXERCISED BY THE MAJORITY IN AMERICA UPON OPINION. 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 applied Despot- ism to the Minds of Men. It is in the examination of the exercise of thought in tlie United States, that we clearly perceive how far the power of the majority surpasses all the powers with which we are acquainted in Europe. Thought is an invisible and subtile power, that mocks all the efforts of tyranny. At the present time, the most absolute monarclis in Europe cannot prevent certain opinions hostile to their authority THE UNLIMITED POWEB OF THE MAJOBITY. 337 from Circulating in secret through their dominion., and even m their courts. It U not so in America ; as lo^.a, |« soon as its decision is irrevocably pronounced, every one .8 silent, and the friends as well as the oppon;nts Tf "he measure umte in assenting to its proDrietv Th. of this is perfectly clean imonafcrrLjoter: eombine all the powers of society in his own hands,ld to conquer all opposition, as a majority is able to do, which has the right both of making and of executing the kws actlttr '^-f " ■""« '^ P'-y^'^"'' ™1 controls the acuons of men without subduing their will. But the ma! sCVmTT I ^""'' "'""'' '^ P'-y^''^*' ™<' -o'"! " the Zve^y "^'""'"" ""' °"'y "" '=°"'<«'' tut aU con- I know of no country in which there is so little inde- pendence of mind and real freedom of discussion rt America. In any constitutional state in Europe, every sort of religious and political theoiy may be freety pre^M subdued by any single authority, as not to protect the man who raises his voice in the cause of truth from the cons^ quences of his hardihood. If he is unfortunate enouTtt live under an absolute government, the people are often upon his side; if he inhabits a free coumr/, he an tf necessary, find a shelter behind the throne.^ The ^ti crauc part of society supports him in some countrieri^ the democracy m others. But in a nation where deml era ic institutions exist, organized like those of the United States, there is but one authority, one element of strength and success, with nothing beyond it. » J" i^T'r?' ""^ ™"J°"'y '■'"■'''^ formidable barrier, around the liberty of opinion: within these barriers an author^ may write what he pleases; but woe to him i} h" t |i f > 338 DEMOCRACY IN AMERICA. i 1 4 i- 5 i f goes beyond them. Not that he is in danger of an auto- da-f4^ but he is exposed to continued obloquy and per- secution. His pohtical career is closed forever, since he has offended the only authority which is able to open it. Every sort of compensation, even that of celebrity, is refused to him. Before publishing his opinions, he im- agined that he held them in common with others ; but no sooner has he declared them, than he is loudly censured by his opponents, whilst those who think like him, without having the courage to speak out, abandon him in silence. He yields at length, overcome by the daily effort which he has to make, and subsides into silence, as if he felt remorse for having spoken the truth. Fetters and headsmen Avere the coarse instruments which tyranny formerly employed ; but the civilization of our age has perfected despotism itself, though it seemed to have nothing to learn. Monarchs had, so to speak, materialized oppression: the democratic republics of the present day have rendered it as entirely an affair of the mind, as the will which it is intended to coerce. Under the absolute sway of one man, the body was attacked in order to sub- due the soul ; but the soul escaped the blows which were directed against it, and rose proudly superior. Such is not the course adopted by tyranny in democratic repubhcs; there the body is left free, and the soul is enslaved. The master no longer says, " You shall think as I do, or you shall die " ; but he says, " You are free to think differently from me, and to retain your life, your property, and all that you possess ; but you are henceforth a straneer amonw 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 votes ; and they will affect to scorn you, if you ask for their esteem. You will remain among men, but you will be deprived of the rights of mankind. Your fallow-creatures will shun you hke an THE UNLIMITED POWEE OF THE MAJOEITr. 33c, 'mpure being ; and even those w1k> believe in ™ ■ eence will abandon you lest tl>„v I >I u T" ""* their turn. Go in peace T t^ " '' ^ ''""""«' '■» hutiUsane.iste„:e':::e-.ba?rtir" ^°" '"^ '"'' -•ender it less odious and degn.d „, „! ,;:r:?,t "' """ by mak ng it still „„ro „neL to'tl^ett "^ ' ""^'' the OU W^rld'^tZf;'''"' '" t P™-^^" -"- of andthefomesof tle'^Z'' Tf'^ '" ''™™<' *» -<=- "CO of Loufa XIV J l ^'•"■"^^'^ '"■'^'''t^'' "'e pal- .^eareat;::d^^:,;jj:;.t^^^^^^^^ nant; from the forms of iu In„n. ^enaers it mdig- tnes of ,-f= .1 . ianguage up to the soHd vir- :n„ir:To^:s:'::^rb^rf*-"^- ean on., ieam .0™ stra^. ortt l^J^^^' succeeds much be.terin h" ultd St^ *"• ""^'""'^ removes any wish to pubisl th ' ^Tl' T" " "''"^'^ met with in Americri ttt • ^"'''''"'^^" «■■« to be infidelity. Attc" s iav b ermade^b""'"'' "^" "'' ^ents to protect — /by^ZhSglX/roX: 340 DEMOCRACY IN AMERICA, In the United States, no one is punished for this sort of hooks, but no one is induced to write them ; not because all the citizens are immaculate in conduct, but because the majority of the community is decent and orderly. • In this case the use of the power is unquestionably good ; and I am discussing the nature of the power itself. This irresistible authority is a constant fact, and its judicious exercise is only an accident.* EFFECTS OF THE TYRANNY OP THE MAJORITY UPON THE NATIONAL CHARACTER OF THE AMERICANS. THE COUR- TIER-SPIRIT IN THE UNITED STATES. Effects of the Tyranny of the Majority more sensibly felt hitherto on the Manners than on the Conduct of Society. — They check the Develop- ment of great Characters. — Democratic Republics, organized like the United States, infuse the Courtier-spirit into the Mass of the People. — Proofs of this Spirit in the United States, — Why there is more Patriot- ism in the People than in those who govern in their Name. The tend' ncies which I have just mentioned are as yet but slightly perceptible in political society ; but they already exercise an unfavorable influence upon the national character of the Americans. I attribute the small number of distinguished men in political life to the ever-increasin*^ despotism of the majority in the United States. "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, sharing the agitation of mind com- • De Tocqueville's remarks on this subject are rhetorical, ami altogether too highly colored. It is notorious, that, in politics, morality, and religion, the most offensive opinions are preached and printed every wo(!k here in America, apparently for no other purpose than that of shocking the senti- ments of the great bulk of the community. Instead of complaining of the bondage of thought, the judicious observer will rather grieve at the extreoN Ucontionsness of the rostrum and the press. — Am. Ed. THE UNlmiTED POWER OF THE MAJOEITV. 341 means borrowed fi-om T """' ■"" "^ ''^ "" In absolute governments, the creat nnH». 1 ost to the throne flatter the nlC! „T^ "'"' ""'' "^ voluntarily truckle to his 4^™" "'„ ^V^-'g"' "nd nation does not degrade i^rhl ■"' *^ "^^^ <^ '>>e ■ni^ from weakness: fl h bit^lT'^'V " »»- -•>- sometimes from lova tv % "^ 'Sn»™nee, and to sacrifice the" oTnLr^Tth"""': Y'" '^'^ '"'<'™ P We and pride. LtXit^ fo^'y^r^""'"' of mmd in the very act of «, k ■'^ • independence — ,e but the;:: it^z. ^:Tr-: diflference between doina what ono / ^reat feigning to approve whaf ole does t^H ""• 'r™™' ""<' of a feeble pe.o„, the otherbtfl: 'th I:;': If V^te"^^' In free countries, where PVAn,r « • ^ ^^^^^- upon to give his opi;io„ I S Ts;?""-",'"^ •'^'^<' republics, where public life isressandv™"'"; t""™''*^ mestic affairs, where th» . ™essanUy mmgled with do- ment of character """'' '^'™^'™ detoe- ff—lTa^ranT-tl^^^^^^^^^ states organi^dlike^ e 1^0™ '^P "^ '7"""""= power of the majority is so ZZr^tl^^^tl one must ^ve up his rights as a citizen, andX^'l^^^' I I 342 DEMOCRACY IN AMERICA. |i, ' his qualities as a man, if he intends to stray from the track which it prescribes. In that immense crowd which throngs the avenues to power in the United States, I found very few men who displayed that manly candor and masculine independence of opinion which frequently distinguished the Americans in former times, and which constitutes tiie leading feature in distinguished characters wheresoever they may be found. It seems, at first sight, as if all the minds of the Ameri- cans were formed upon one model, so accurately do they follow the same route. A stranger does, indeed, sometimes meet with Americans who dissent from the rigor of these 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 reme- dies as it might be possible to apply ; but no one is there to hear them except yourself, and you, to whom these secret reflections are confided, are a stranger and a bird of pas- sage. They are very ready to communicate truths which are useless to you, but they hold a different language in public. If ever these lines are read in America, I am well as- sured of two things; — in the first place, that all who pemse them will raise their voices to condemn me ; and, in the second place, that many of them will acquit me at the bottom of their conscience. I have heard of patriotism in the United States, and I have found true patriotism 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 often has great virtues, but the courtiers are invariably servile. It is true that American courtiers do not say " Sire," or ♦^ Your Majesty," — a distinction without a difference THE CNLMTED POWER OF IHE MAJOMlr. 343 ney are forever talking of the natural intelli<.ence of tl,- concubines; but, by sacrificincr their oDinlnnT .? ' tute themselves. Morahsts atd ll ^ r ' '"^ ^'''''" are not obhged to concea their ^^'}''''^^J ^" ^^^^^ca allecrorv • b,^t Kof ^u ''^'"'''"' ""^^^ ^^^^ veil of ^ho„M„ot~tl nXTw-llfn ^-^ "rmy ot treed om than all the rest of the world " TKo c ophants of Louis XIV. could not ft J , '^'^" T?^ ^ ^ "®* natter more dexteroncslv and adu.atio:;':?! o „rsrt[ :;? ^-^^ '"f^^^' THE GREATEST DANOFPq nr. «,, of Eampe. JS^"^rl^™/f '^t •""■ •"»» »f "■« Moo„ehic, Jeffe^. up„„ wfpor "^ '^°' "'"-OP'-on.of Madi^oand •J^nny- In the former case, their power escapes from t i| -■Jli 344 DEMOCRACY IN AMERICA. iW 'u t ill IB I ' tliem ; it is wrested from their grasp in the latter. M&uy observers who liave witnessed the anarchy of democratic states, have imagined that the government of those states was naturally weak and impotent. The truth is, that, when war is once begun between parties, the government loses its control over society. But I do not think that a democratic power is naturally without force or resources ; say, rather, that it is almost always by the abuse of its force, and the misemployment of its resources, that it be- comes a failure. Anarchy is almost always produced by its tyranny or its mistakes, but not by its want of strength. 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* 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 monarch- ies of Europe, and more energetic than they are. I do not, therefore, imagine that they will perish from weakness.f If ever the free institutions of America are destroyed, that event may be attributed to the omnipotence of the majority, which may at some future time urge the minor- ities to desperation, and oblige them to have recourse to pliysical force. Anarchy will then be the result, but it will have been brought about by despotism. Mr. Madison expresses the same opinion in the Federal- ist, No. 51. " It is of great importance in a republic, not * This power may be centralized in an assembly, in which case it will be strong without being stable; or it may be centralized in an indiridaal, in which case it will be less strong, but more stable. t I presume that it is scarcely necessary to remind the reader here, aa well as throughout this chapter, that I am speaking, not of the Federal govern ments, but of the several governments of each State, which the majority controls at its pleasure. THK TOLIMITED POVfEB OF THE MAJOBIIV. 845 tice of the other Z^ T ?• • T""^ "Sai-st the inju,- Xt is .heendof eW'Jrer I "" T' »/ eovorn J„t. will be, pursued u" ilT^' .^'-T'"" "^o"- ""d ever lost in he p^l ?„ • "'"f' ""^ ""'" '"»"^y be the stronirr ■• ' "^"'y' ""''^■- "'« f"™' of which uie stronger faction can readily units »„J „ , weaker, anarehy may as truly L'^ f • '^'"'^' "" which may protect the weak I well a, 1 Sovernment the former state will >h7 „ themselves, so, in ..ally induct tr ike mT T'-l^' .^"'""^ >" S''"'- which will proLt T.T .i° '"'^ '^^ " government of government TtV ^ f ^ * ""^'' *^" P«P"^^r ft>mi "5d sin: vz ftte'"'- "tr -^ *^ "-p-^ wh.e misrule had t^^^^^^ ^J"' '^"'- J^7t ; rt^f '■ ," ^''\--"'- power in our gov- objeTo my lildT^'hT ""* T" *« P"-W, Dower will «n™„ • V . 'J^^""y ot the executive power wUl come in its turn, but at a more distant period " I am glad to cite the opinion of Jeffemn upon thnl ect rather than that of any other, because I co" sider ht Ae most powerful advocate democracy has ever haf IS* iffWil; I- rpi 4 ii t '•I k 846 DKMOCRACY IN AMKRlCA. CHAPTER XVI. CAUSES WHICH MITIGATE THE TYRANNY OF THE MAJORITY IN THE UNITED STATES. ABSENCE OP CENTRALIZED ADMINISTRATION. The National Majority docs not pretend to do everything. — Is obb'ged to employ tlie Town and County Magistrates to execute its sovereign Will. T HAVE already pointed out the distinction between -1. a centralized government and a centralized adminis- tration. 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 frov- ernment at its disposal, and united the habit of executing its commands to the right of commanding ; if, after having established the general principles of govemment, it d^ scended to the details of their application ; and if, having regulated the great interests of the country, it could de- scend to the circle of individual interests, freedom would soon be banished from the New World. But in the United States, the majority, which so fre- quently displays the tastes and the propensities of a despot, is still destitute of the most perfect instruments of tyranny. In the American republics, the central government has never as yet busied itself but with a small number of objects, sufficiently pi-ominent to attract its attention. The secondary affairs of society have never been regulated by its authority ; and nothing has hitherto betrayed its desire of even interfering in them. The majority is become MITOATIONS OF THE TVBANNV OF THE MAJOR.TT. 847 more „„,! absolute, but ha, „„t increased the nrero^. ame, of the central government : those great nt^roS represent, that majority ha, issued a 1,.°^" „„!, •™t the e.xeeution of it, will to agent,, „vr;homf" airect. l|,e townships, municipal bodies, and eounti,:, fcnn so man, concealed breakwater., which check o.p the tide of popular determination. If an onnre„iv» l! were passed, liberty would still be protected bytLlr i-rauve tyranny. It does not even imao-ine thnf if .„ j w: uxe:ter o7r-^-T -^ ''^ — ^" " .uainted ^^^f tl-Sr- ^•" '^ ^ ■I ins point deserves attention • f^,. ,v j public, similar to that of tlUntV Stat ""■''" '" FnnnA^A • unitea fetates, were ever do not hesitate to assert tbo, • , "'<= people, I absolute monaihies of £1^ 'or ""' '"-'? "^ "" -Wch could be found on tC^i of i ^"' '""" ""^ T " " ' F 1 1' lb V >! I 348 DEMOCRACY IN AMERICA. § 4t fci.ii?t i '1 i I- i t THE PROFESSION OF THE LAW IN THE UNITED 8TATK8 SERVES TO COUNTERPOISE THE DEMOCRACY. Dtility of ascertaining what are the i.atural Instincts of the Legal Pro- fession. — These Men are to act a prominent Part in f^iture Society. ~ How 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 English and American La^vycrs. — The Aristocracy of America is on the Bench and at the Bar. — Influence of Lawyers upon American Society. — Their peculiar Magisterial Spirit affects the Legis- lature, the Administration, and even the People. In visiting tlie Americans and studying their laws, we perceive that the authority they liave intrusted to mbers of the legal profession, and the influence which these indi- viduals exercise in the government, is the most powerful existing security against the excesses of democracy. This effect seems to me to result from a general cause, which it is useful to investigate, as it may be reproduced elsewhere. The members of the legal profession have taken a part in all the movements of political society in Europe for the last five hundred years. At one time, they have been the instruments of the political authorities, and at another, they have succeeded in converting the political authorities into their instruments. In the Middle Ages, they afforded a powerful support to the Crown ; and since that period, they have exerted themselves effectively to limit the royal prerogative. In England, they have contracted a close alliance with the aristocracy : in France, they have shown themselves its most dangerous enemies. Under all these circumstances, have the members of the legal profession been swayed by sudden and fleeting impulses, or have they been more or less impelled by instincts which ai*e natural MITIGATIONS OF THE TY3ANNY OF THE MAJORITY. 349 to them, and which wiU always recur in histonr? I am incited to this investigation, for perhaps this particular class ot men will play a prominent part in the political society which IS soon to be created. , Men who have made a special study of the laws derive trom tlus occupation certain habits of order, a taste for for- mahties, and a kind of instinctive regard for the regular connection of ideas, which naturally render them very hos- tile to the revolutionary spirit and the unreflecting passions of the multitude. The special information which lawyers derive from their studies insures them a separate rank in society, and they constitute a sort of privileged body in the scale of intellect. Ihis notion of their superiority perpetually recurs to them m the practice of their profession : they are the masters of a science which is necessary, but which is not very gen- erdly known : they serve as arbiters between the citizens • mid the habit of directing to their purpose the Wind pas- sions of parties in htigation, inspires them with a certain contempt for the judgment of the multitude. Add to this that they naturally constitute a body; not by any previous' understanding, or by an agreement which directs them to a common end; but the analogy of their studies and the uni- formity of their methods connect their minds together, as a common interest might unite their enaeavors. Some of the tastes and the habits of the aristocracy may consequently be discovered in the characters of lawyers They participate in the same instinctive love of order and 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, Hke most other men" are governed by then- private interests, and especially by the interests of the moment. *..i 350 DEMOCRACY IN AMERICA. In a state of society in which tlie members of tlie legal profession cannot hold 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 then induces them to innovate and destroy results from a per- manent disposition or from an accident. 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 making them. Five hundred years ago, the English nobles headed the people, and spoke in their name ; at the present time, the aristocracy support the throne, and defend the royal pre- rogative. 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 will be found in the front ranks of all parties. The same remark is also applicable to the aristocracy; almost all the democratic movements which have agitated the world have been di- rected by nobles. A privileged body can never satisfy the ambition of all its members : it has always more tal- ents and more passions than it can find places to content and employ ; so that a considerable number of individuals are usually to be met with, who are inclined to attack those very privileges which they cannot soon enough tum to their own account. I do not, then, assert that all the members of the legal profession are, at all times, the friends of order and the opponents of innovation, but merely that most of them are usually so. In a community in which lawyers are allowed to occupy without opposition that high station which natu- rally belongs to them, their general spirit wiU be eminently MITIGATIONS OF THE TYRANNY OF THE MAJORITY. 35J conservative and anti-demoeratiV WK excludes the leaders TlhJT^ • . ^" ^"^^^^racj it w;XT^r;r^- ^-^ --"y. and .s,™e, . most serviceable instru J„ n/rjtCr V'" ■'"' far greater affinity between tbi, .iT: Arsons Z H just as there is a greater natnrul affinirbetl™ n t .f nlT '' Lawyers are attached to public order Kpvn^^ men of the,r mdependence, they are not dissatisfied. I am therefore convinced that the prince who, in pr»s- ZJ,r TT'''"^ '^""""""'^y- *-'<• end;3-s .mpa.r the judical authority in his dominion, and to d.mm,sh the political influence of lawyers, wo.^d Toll a^great mistake: be would let slip Z subs:::^feTr lJT„IIi7,f.;tt: th? ^"•'" ''" ■""- -'-'^ ..nisted desp-tismrt.; : ^def rS 'ftolLt^ tiiiiiil Mil 362 DEMOCRACY IN AMERICA. perhaps he would find it again in their hands under the external features of justice and law. The government of democracy is favorable to the poht- ical power of lawyers ; for when the wealthy, the noble, and the prince are excluded from the government, the law- yers take possession of it, 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 towards the aristocracy and the prince, they are brought in 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 do not mistrust the members of the legal profession, because it is known that they are in- terested to serve the popular cause ; and the people listen to them without irritation, because they do not attribute to them any sinister designs. The lawyers do not, in- deed, wish to overthrow the institutions of democracy, but they constantly endeavor to turn it away from its real direction by means which are foreign to its nature. Lawyers belong to the people by birth and interest, and to the aristocracy by habit and taste ; they may be looked upon as the connecting Hnk of the two great classes of society. The profession of the law is the only aristocratic element which can be amalgamated without violence with the nat- ural elements of democracy, and be advantageously and permanently combined with them. I am not ignorant of the defects inherent in the character of this 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 be- lieve that a republic could hope to exist at the present MITlaUIOXS OF THE TYIUMV OP THE MAJOWTV. 353 the unitS^i^rra : riT* *-""""^ r"^" » of Ih iS ;sr:'r;""''7''-' "^''" *^ ^^--^ ety ThTpr, 7 J . "P™ *^ general course of soci- 2-bIlK'e UtrT '"^'^^^ '"^^^«^'« '">- have been done tie Z, T'' '"''"'"' "'>'" *'"^'i uone. tne tonner produce precedents- tl„. i». t»r, reasons. A French obsei^ver is suLfsed t" 'l- >- often an English or an American la3 oul, C .ons of others, and how little he allud^to W w^-VE the reverse occurs in Franpp Ti, .i, * "^* -Trance. Ihere the most tn'fli'nr, i;** and t J « . ""T P"""''"' *» *« ^""n^el employed olr t oJ, """ r "P'" °'" '''^ -« discufseTin c^rt Tht K " ^'^^ f '™'' •'y *e decision of the g ve nun more timid habits and more conservative in,.!™, fons in England and America than in France "'" Thejrench codes are often difficult of comprehemion, i^ 354 DEMOCRACY IN AMERICA. f-V II li ' 'P'"' W-'tains feren. t^ the C^ ^n.^oVXlCrrVr" Arectall their attention t^ the ktl ' '"'' '^"^ to abandon reason a,„I 1, "'\'*"''' — ^"eming inclined one titUefromT ht r,"'?'', ™"" **» "> ™«"- par^d to the sto k o "n oM? '^"'"'"" ""y "« <""»- ingmfted the most d"srlV'^'''T" which lawyers have although their fr„t ZrlrZ^'n- '"" "T """' tt:tr^ -th the^e:^ifXSThi:':;;:i" to gain byinnovatilTuch ^j^'r *"^'°"" "•"•""S to their natural tasteVor pubUc ot^er";?'"" '"'r] where I place tliP A»v,. • • "^^ ^ ^^^^'® asked without hXtiot.lt: tTnoTr^^^' J ''""''' '"p'y "nited by no con,;or,i but t at TtT ™,'' "''" "" bench and the bar. ""'"P"=' "'« J"'"™! a body, fo™ thetost";^,S';f : ;^- ^V""'^-' ^ poise to the democnxtic element In ^t^^ ^' """'"- easHy perceive how the uJ^r^r^f • * '"""'^'^' ™ attributes, and even bv ,^f f'^u " " ^""'"'^ ''>'''« ™ "y "* '^"its- to neutralize the vices Common W, L ox„nl°^^^^^ '■^"'^ >■-"" » •»» E„gU,b 85t) DEMOCRACY IN AMERICA. ill inherent in popular government. When the American people are intoxicated by passion, or carried away by the impetuosity of their ideas, they are checked and stopped by the almost invisible influence of their legal counsellors. These secretly oppose their aristocratic propensities to the nation's democratic instincts, their superstitious attachment to what is old to its love of novelty, their narrow views to its immense designs, and their habitual procrastination to its ardent impatience. The courts of justice are the visible organs by which the legal profession is enabled to control the democracy. The judge is a lawyer, who, independently of the taste for reg- ularity and order which he has contracted in the study of law, derives an additional love of stability from the inalien- ability of his own functions. His legal attainments have already raised him to a distinguished rank amongst liis fel- lows ; his political power completes the distinction of his station, and gives him the instincts of the privileged classes. Armed with the power of declaring the laws to be un- constitutional,* the American magistrate perpetually inter- feres in political affairs. He cannot force the people to make laws, but at least he can oblige them not to disobey their own enactments, and not to be inconsistent with themselves. I am aware that a secret tendency to dimin- ish the judicial power exists in the United States ; and by most of the Constitutions of the several States, the gov- ernment can, upon the demand of the two houses of the legislature, remove the judges from their station. Some other State Constitutions make the members of the judi- ciary elective, 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, by thus lessening the independence of the judiciary, they have • See Chapter VI. p. 125, on the Judicial Power in the United Stntes. MITIGATIONS OF THE TYPamw «^ lOb TYRANNY OF THE MAJORITY. 357 « Ire!,:-:' rs srr ^ "-^ '««^ '"-' it extends &r be; nj^hem ZW """'''' "' J*"""" ' enlightened el J CL™ The ^ol" d?^? '■".'™ "'« ""'^ are naturally call«l ZJl ^^ ° ""' ""'rast, they stations. tL fill the 1, , T""^ ""' "^ "■« P""'^ a powerful influen" iri' f ^ T^'^"^"^ "^rcise upon its execution Z^ f" "'' *" ^^''' ""<• yieM to...eeu:::to^*;^ri:^r:t;:r:.:\r!f - for them to resist ; but it is easv to f\nA T ^'"''"S they would do, if they we e Ze to act ^TT '' "'^^ who have made so mon • • ^^^ Americans, We introdueS verp^ZX"; '" ""^"i "'""'^'^ '-'' and that with orelt d.^ U "' l""'™^ '" "'O"- ei"! laws, are .pugnant ^t i' *™^'„:^l°:f "'"^ "^ '-- l^"' is, that, in matters of civil law tt 1 v '"'""'" °*^ "''' defer to the authority of 2 tj^T ''" "''"'^f *» American lawyers are disinc Lh . P™'"^'™' ^^ "'e are left to thir owTchre '""''™'' "''^" *'«'y It is curious for a Frenphmnn ♦« i, .1 which are made in the uZd W ""f """"P'"'"'' ;.n.n^.men,a„dXS;rtro^t=I arises in the E st. wS'fslVrtl "'d'"^^'"" or later, into a judicial question Hen e1^^^ it-"""" obliged to borrow In *h2- j -i ""^"^e aJl parties are intrXee the custoran''d itTJS ^fl!:!:;::^: ■nto the n,an=^ement of public affairs. The ju^"^*:!: Ill lk¥ 368 DEMOCRACY IN AMERICA. 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 at last the whole people contract the habits and the tastes of the judicial 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 without resistance to all the movements of the social body. But this party extends over the whole community, and penetrates into all the classes which compose it ; it acts upon the coun- try imperceptibly, but finally fashions it to suit its own purposes. m IM TRIAL BY JURY IN THE UNITED STATES CONSIDERED AS A POLITICAL INSTITUTION. Trial by Jury, which is one of the Forms of the Sovereignty of the People, ought to be compared with the other Laws which establish that Sov- ereignty. — Composition of the Jury in the United States. — Effect of Trial by Jury upon the National Character. — It educates the People. — How it tends to establish the Influence of the Magistrates, and to extend the Legal Spirit among the People. Since my subject has led me to speak of the administra- tion of justice in the United States, I will not pass over it 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 was my pur- pose to inquire how far trial by jury, especially in civil cases, insures a good administration of justice, I admit that its utility might be contested. As the jury was first estab- lished when society was in its infancy, and when courts of «.TI«AT,ONS OF THE lYIANNV OF THE MAJOmiT. «f,9 subject Of f..;oi u • *^^' ™^ from my tions of the earth • «nr1 ih ' ?! ? enhghtened na- monarchical constitution ; many o7 I ^^^"^^"^^ its founded powerful rennW' u^ °^'P""S ^^^^ u powerrui repubhcs; but everywhere tl.PTr i, boasted of , the priyilege of trial by WyT t ^ u'"' established it, or hastened to re-esTabl"sh^\t 1, \''' settlements. A judicial instiL i, f . ' "' ^^ ^^'^^ ^ juaicial mstitution which thus obtains the ♦ The consideration of trial hv ?i,r„ „ • ,. . . appreciation of Its effects in luil. ^ ' ' '"' "'''"'^"' ^"^ ^'^^ into the manner in whlh the 1 ^"'*^'^,^^^**'^' ^^^^^^^ with an inquir, a book, and a bolnp e^ n^ran';: "^ '' T' ^"^^ ^ ^«- Louisiana would throw th« ZT r . ""*""' '"^J'^*' ^he State of populaUon of Pr:'::.; 7lT t'Z ''' '^'^'''' ^''^^ ™^"^'«^ the two nations, aro there ffund 1 b^Le^anTr^ 1 '7 " "^" " with each other. The ma.t ,.«„f , ^ V ' "* gradually combining his co™™;„,.riS Z h» crr« , °[ *"' ""'"^ ^'"»»' "««^. '» 1' 1 (I I 'I i >l - ii 360 DEMOCRACY IN AMERICA. suflfrages of a great people for so long a series of ages, which is zealously reproduced at every stage of civilization, in all the climates of the earth, and under every form of human government, cannot be contrary to the spirit of justice.* But to leave this part of the subject. It would be a very nan-ow view to look upon the jury as a mere judicial institution ; for, however great its influence may be upon the decisions of the courts, it is still greater on the desti- • If it were our province to point out the utility of the jury as a judicial institution, many argumenta might be brought forward, and amongst othcw the following: — In proportion as you introduce the jury into the business of the conrto, you are en ibled to diminish the number of judges ; which is a great advan- tage. When judges are very numerous, death is perpetually thinning the ranks of the judicial functionaries, and leaving places vacant for new-comers. The ambition of the magistrates is therefore continually excited, and they ire naturally made dependent upon the majority, or the person who fills up the 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 admin- istration 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 should be protected, if he be tempted to sacrifice it of his own accord ? When judges are very numer- ous, many of them must necessarily be incapable ; for a great magistrate is a man of no common powers ; I know not if a half-enlightened tribunal is not the worst of all combinations for attaining those objects which it is the purpose of courts of justice to accomplish. For my own part, I had ratlier submit the decision of a case to ignorant jurors directed by a skilful judge, than to judges a majority of whom are Imperfectly acquainted with jurisprudence and with the laws. [I venture to remind the reader, lest this note she. 1 appear somewhat redundant to an English eye, that the jury is an institution which haa 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 fanctionaries — try aU civil causes, appeals from criminal causes, and minor oflTences, without the jury.—Englialt Translator's Note.] MILQATIONS OF THE TYKANNY OF THE MA.OB.TY. 861 ot nght A government which should be able to reach stroyed. The true sanction of political laws is tn ),„ f! j jn penal legislation ; and if thaf sanction be wlfn! the law will sooner or later lose its cocencv H„ i ^^the criminal is the^fore the "^TL "%Ttrr at leas a class of citizons, to the bench of judges Th,. It r" . • *"' ■'■"'^ -nsequently invests the people o that class of cfzens, with the direction of societyr^^ ' In England, the jury is returned from the aristoon,h-. portion of the nation;! the aristocracy m^esThe^I^r ngh. of trying oftoces b, hi. «^en^™ " Tl „fT""' '" "" t I. F^cc. «,e ,„.,i„e„io„ o, .be ju.„ i, .Ke .^e H eUo.0^ I 'S 862 DEMOCRACY IN AMERICA. applies the laws, and punishes infractions of t\w laws everything is established upon a consistent footing, and England may with truth be said to constitute an aristo- cratic 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.* 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. They are two instruments of equal power, which contrib- ute 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 directions, have de- stroyed or enfeebled the institution of the jury. The Tudor monarchs sent to prison jurors who refused to convict, and Napoleon caused them to be selected by his agents. However clear most of these truths may seem to be, they do not command universal assent ; and, in France at least, the trial by jury is still but imperfectly understood. If the question arises as to the proper qualification of jurors, it is confined to a discussion of the intelligence and knowl- edge of the citizens who may be returned, as if the jury was merely a judicial institution. This appears to me the 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 per annum in England, and £6 in Wales, of freehold lands 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 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 estate of the valuo of £100. The qualifications, however, prescribed in different statutes vary according to the object for which the jury is impanelled. See Blackstone'i Commentaries, Book III. c. 23. — Erujltsh Translator's Note. * See Appendix Q. MITIGATIONS OF THE TYBATO' OF THE MAJOHITY. 363 least important part of the subject Tl,o ;,.„ • nenti, a poiit J institution . i^2„M'^^3%C^red''rre form of the sovereignty of the people: whefthat To^r «gnty ,s repudiated, it must be 4cted or hi 7T adapted to the laws by which thJ ! • • ^ lished Ti,^ • • , *' sovereignty is estab- isW. The jury ,s that portion of the nation to which f prrr :.•.'"=■;: !'*£' mcrease a„d d,m nish with the Ust of electors. TiTlZl leJ^a*:."!:,!™" ""^^ ^"^*^ "' ""^ ""»''<>: of^" le^siator, all that remains is merely accessory. J am so entirely convinced that the juiy is pren-minentlv a political ,nr itution, that I stiU considi it'in tw3 vhen It ,s applied in civU causes. Laws are always unst ble unless they are founded upon the manners of Tnatir: ple. Wlien the jury ,s reserved for criminal offences the people only witness its occasional action in particular els- not »!^I , " """'''''^■^ '^ "" instrument, bS til tZ^" T""?"'.' "' """^"'"S J-'-- This is Z^JT::.-"''" *« ^'^ '^ "PI"''^'' o-'y to certain When, on the contrary, the juiy acts also on civil causes este of the commumty ; every one co-opemtes in its work • tm::LTndTV"""",-"'^ "''^ of life, it fashions he human mind to its peculiar forms, and is gradually associ- ated with the idea of justice itself. ^ caiises, IS always m danger; but when once it is intro- duced into civil proceedings, it defies the aggressions of t.me and man. If it had been as easy to remtve Uie „^ ■If 364 DEMOCRACY IN AMERICA. from the manners as from the laws of England, it would have perished under the Tudors ; and the civil jury did in reality, at that period, save the liberties of England. In whatever manner the jury be applied, it cannot fail to exer- cise a powerfiil influence upon the national character ; but this influence is prodigiously increased when it is intro- duced 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* hab- its 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 becomes a mere 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, whilst the number of persons who have reason to apprehend a criminal prosecution is small, every one is liable to have a lawsuit. The jury teaches every man not to recoil before the responsibility of his own actions, and impresses him with that manly confidence without which no political virtue can exiut. It invests each citizen with a kind of magistracy ; it makes them all feel the duties which they are bound to discharge towards society, and the part which they take in its gov- ernment. By obliging men to turn their attention to other affairs than their own, it rubs off" that private selfishness which is the rust of society. The jury contributes powerfully to form the judgment and to increase the natural inteUigence of a people; and this, in my opinion, is its greatest advaucage. It may be regarded as a gratuitous public school, ever open, in which every juror leams his rights, enters into daily communica- tion with the most learned and enlightened members of the upper clashes, and becomes practically acquainted with the MITIOATIONS OF THE TVKANNV OP THE mjOMTY. 365 by the passions of the parties Th,-wV?' ^"^ ^™" intelligence and politick d sense Tf the"! "'^'"^<='''='" mainly attributable to the^olTeVww^^^ T of the jury in civil causes. *"' """^ "^'^^ have wL'^Zt?:*" *r •■'■'"?^ " "'*' *" *- -ho those winXtLL "r?1'"," '' %% beneficial to laTatLt^iirirto-ir^ ^"^ ''-" d^tic co.n.n„i.es. "T^J-^^ZZ S:^^ t democracies, the membpM nf +],« i ^ n . ♦ ^" the iudcre as tha T^„I • . "' -^ ^P^ *° ^<*o^ "Pon to mit^tttis r MolTrT-"' T"" '"^'^^ '"' tirely upon simple fe ,s \^^^chTl™'™ ''"''' '"™ ™- appreciate- „nnn *l • '""'™ ,^"""0" sense can readily then the judJeappJ^'a^^rH-, "^'. '" ""' '^''"^^' = the confli^fng pSr ofehe pX'tI "■■" t^"" .to him with confidence, and X To" him wSTsptt Z m tins mstance, his intellect entirely govern tl2Vi -o^frrs-:^X1tx'St:^ fon to tl.e exact question of fact, which they are l^Z iF ) i| 4i liU 3t)t5 DEMOCRACY IN AMERICA. I upon to decide, and teUs them how to answer the question of law. His influence over them is almost unlimited. 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 ques- tion of fact, the jury has only the semblance of a judi- cial body. The jury only sanctions the decision of the judge ; they sanction this decision by the authority of society which they represent, and he, by that of reason and of law.* In England and in America, the judges exercise an in- fluence upon criminal trials which the French judges have never possessed. The reason of this difference may easily be discovered ; the English and American magistrates have established their authority in civil causes, and only transfer It afterwards to tribunals of another kind, where it was not first acquired. In some cases, and they are frequently the most important ones, the American judges have the right of deciding causes alone.f Upon these occasions, they are accidentally placed in the position which the French judges habitually occupy: but their moral power is much gi-eater; they are still surrounded by the recollection of the jury, and their judgment has almost as much authority as the voice of the community represented by that institu- tion. Their influence extends far beyond th« limits of the courts; in the recreations of private life, as well as in the turmoil of public business, in public and in the legislative assemblies, the American judge is constantly surrounded by men who are accustomed to regard his intelhgence as superior to their own; and after having exercised his power in the decision of causes, he continues to influence * Sec Appendix R. t The Federal judges act alone upon alir ost aU the qnefltiona most impor tant to the government of the countiy. "BATONS or THE TVBAmV OF THE MAWB.TY. 36T jury in civil c^„o?l/i a''''''"'''"^ "^^ "^^^ "f *« eve^ the wTc ^e "o/ttr/S tT^"'^"^ '"""'^ 9 !■: ■ I ill 36U DEMOCRACY IN AMERICA- :/»! <; CHAPTER XVII. PRINCIPAL CAUSES WHICH TEND TO MAINTAIN THE DEM(V CRATIC REPUBLIC IN THE UNITED STATES. A DEMOCRATIC republic exists in the United XX States ; and the principal object of this book has been to explain the causes of its existence. Several of these causes have been involuntarily passed by, or only hinted at, as I was borne along by my subject. Others I have been unable to discuss at all; and those on which 1 have dwelt most are, as it were, buried in the details of this work. I think, therefore, that, before I proceed to speak of the future, I ought to collect within a small compass the reasons which explain the present. In this retrospective chapter I shall be brief; for I shall take care to remind the reader only very summarily of what he already knows, and shall select only the most prominent of those facts which I have not yet pointed out. All the causes which con tribute to th^ m^mfpnanno of the cremocratic rejJublicJnlM^I^ to three heads : — J^ The pecuUar and accidental situation in which Prov- idence has placed the Americans. II. The laws. JII. The manners and customs of the people. liei CAUSES WHICH TEKD TO MAKTAm DEMOOiUOr. 3ti9 STATES. ^«AHC REPUBLIC IN THE UNITED The Union has no Neichbora _ v« m *. ,. .he Chance of B,,^ fa fl-fj.tlr'"'!"- ~^'" ^""™ '"" ""^ mSc Republic fa America -nZ^ f ^ """'^ "" "'"lo- Avidi., of rt. A„g,„.2^,. "°" *! .^™"-» Wild. „e peopled. - of .he New World! - MuZof pf""^ ,'^""'''*° "' "■« S»»"to C.J Opidooe of Ae Americir "" """'"'^ "'»° *« P*' tl.e United Statl W T!. ' '''""'"™''<= '^P-t-''^ "' -y easily ^TmtedTut "b TlSl T "'^ "*^- the principal ones ^ "™'^"'' "y^'i'' '» quest, to dread ; they re,„ire neithrgC Z^^':: ,'""' arm.es, nor great generals, and they We nottL; oT^'^ from a scourge which is mnw. e ■ , ,7 """""g to fear ■^ these evilf con-hted, riel^S; gloT tV'^" son,^wh riTlri! 'P"^' "^ " "'"'■™- e--".! Jack- head of their gov~r '""' ^'^'="''' *" ^ *e vcy moder2T„"rnolwTifs'f r """"'^ ^"" proved Inm qualified o 2em ^ fr whole career ever deed, the maioritv of Z rT , " P'^'P'"' ' »"<' '""- ) "o majority ot the enhghtened clas« '.ands not on,,' hands of a populace oZv ^' " ""•""''• "'"t '" "'.; i3 ve.y dang^'ns T,: "C^ ""i "^ »-• ™P»l»es, «l,ieh therefore a seWous h,„rv ?"?,''"'"''" °^ <="''"''' ^'^ies ia and it exposes ml "11 t T'^'^f^ '^^'^""^ cem two principal onerilfr?^' circumstances I dis- <-e alreal, o£leT:Lt:^i^:rt,r f'" ' ""• ^ what I liave called their n„i„t ff Americans, or upon as the first and moT 11 '""''""' "^^ "" '""'^^'l present prosperity' of tril f,.""" """'" '^ ^^ich the The Ameri amVd ri ^ ""^ ^ """''"««'• and their^f t,:^ i;:'r;if '"V" 'r ^^-^ and of inteUect into Z ^""'"^ o*^ condition republic has very natur!,,™';?^ "''""^ *« <'«"""='^'- aU; for beside d,rrrrr" "' "^^- ^"^ ^ this ear., settle, h;:;^:,^"^- ^L^^th"^'^'^' '"^ manners, and onminnc 7 • i. "ascendants the customs, cess of aVeir^h^t — ;: T " ''' ™^' of tliis primary fact moH,; i t V"^ ''° consequences embodied in The fi m P " ^ T ,"'^''""■"^ "'" ^-"--a just as the whole hum™ " '™''='' ™ '""^ ^''»-- human race was represented by the fii^t .u^ityandofted^,— S-:^^^^^^^^^ a72 DEMOCRACY IN AMERICA. I'" I* ii m means of remaining equal and free, by placing them upon a boundless continent. General prosperity is favorable to the stability of all governments, bat more particularly of a democratic one, which depends upon the will of the majority, and especially upon the will of that portion of the community which is most exposed to want. When the people rule, they must be rendered happy, or they will overturn the state: and misery stimulates them to those excesses to whicli ambition rouses kings. The physical causes, independent of the laws, which promote general prosperity, are more numerous in America than they ever have been in any other country in the world, at any other period of history. In the United States, not only is legis- lation democratic, but Nature herself favors the cause of the people. In what part of human history can be found anything similar to what is passing before our eyes in North Amer- ica? The celebrated communities of antiquity were all founded in the midst of hostile nations, which they were obhged 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 infe- rior civilization, but who had already occupied and culti- vated the soil. To found their new states, it was necessary to extirpate or subdue a numerous population, and they made civilization blush for its own success. But North America was inhabited only by wandering tribes, who had no thought of profiting by the natural riches of the soil ; that vast country was still, properly speaking, an empty continent, a desert land awaiting its inhabitants. Everything is extraordinary in America, the social con- dition of the inhabitants, as well as the laws ; but the soil upon which these institutions are founded is more extraor- dinary than all the rest. When the earth was given to men by the Creator, the earth was inexhaustible ; but men OAtlSKS WmcU TEND TO MAIOTAIN DEMOCRACr. S78 water, o/irebl; '"" """ '™"' '^"-* "- That continent still nresenf«! n= ,-f ,]-j • ^ time, rivers wh,V.}, P^'^^^s, as it did m the primeval share of the h„s,a„d™a„ has never .„„:ed I ' „f ' ^t as was in the early ages, but ah-eady in possession „f At;.ns.ery.i„::lritr;X^^ themselves accurately acquatted tI *''T '^\"'" ^'' soldiers drive before tlllT 7 ''^ '"' ^°" ""'"^''"<' rigines. these atf^rd t ^r^ZL^'X "'■'''' ^ woods, scare off the bea-t, Z '^ ^ ' ° ^'""'^ *« the inland streamt and Ike Zlt7 ""Tr' "' of civilization across the desert '"' ""''■'='' upon the ins.it:ro„: *:h" trr?;^^ "^ ^-r already been given by man/'oth: s SbJ^: '^Tis ]f Sirtr'Etoji! 'ffv' -^r^^^ erally entertained, It ttdesttsoTrr-""'™ "' ^T' ni »t 1 I 'l ?iF fu 374 DEMOCRACY IN AMKRICA. increase and multiply upon the soil vvliich their forefathers tilled. The European settler usually arrives in the United States without friends, and often without resources; in order to subsist, he is obligetl to work for hire, and he rarely jjroceeds beyond tliat belt of industrious population which adjoins tlie ocean. The desert cannot be exjjlored without capital or credit; and the body must be accus- tomed to the rigors of a new climate, before it can be exposed in the midst of the forest. It is the Americans themselves who daily quit the spots which gave them birth, to acquire extensive domains in a remote region. Thus the European leaves his cottage for the Transatlantic shores, and the American, who is born on that very coast, plunges in his turn into the wilds of central America. This double emigration is incessant ; it begins in the middle of Europe, it crosses the Atlantic Ocean, and it advances over the soH- tudes of the New World. Millions of men are marching at once towards the same horizon : their language, their religion, their manners differ; their object is the same. Fortune has been promised to them somewhere in the West, and to the West they go to find it. No event can be compared with this continuous removal of the human race, except perhaps those irruptions which caused the fall of the Roman Empire. Then, as well as now, crowds of men were impelled 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 brought with him destruction and death ; now, each one brings the elements of prosperity and life. The future still conceals from us the remote consequences of this mi- gration of the Americans towards the West ; but we can readily apprehend its 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. Tims, CAUSES WHICH TEND TO MAINTAIN I.EMOCRAOV. 875 -no „„ri«l. Tl,o European ™ig.,' 1 ; , ^^^ amasse, the capital which the latter Tnvct, andTr stinger aa well as the native is unacquainted wilh Z't toTL r-°'^' ^""'^ ®""«^ "- extremely favo^ble to the division of property; but a cause more powerful X J " T,:: •■'"™"" P^P'^y fro- •'-g -lilided excess Ih, ,3 very perceptible in the States which are .Iemo,t'^'"T^ '° "^ "'-% Wed; Ma.;sachu! t L e^hty mhabitants to the square mile, which is much lei .an m France, where one hundred and sixty-hvo are reckoned to the same extent of countiy. But in Mas! chusets, estates are veiy rarely divided; the eU^l generally takes the land, and the othe« go to s ek the fortune ,„ .heir desert. The law has abflished he nV of pnmogeniture, but circumstances have concurred to t estabhsh It under a form of which none can comJl a^d by which no .,ust rights are impaired. A smgle fact will sufHce to show the prodicrious number the wilds. We were assured in 1830, that thirty-six of the nTel^r "Lf^S-^.- "">- i" «.e httle Sta'teTc n- necticut The population of Connecticut, which consti- ^^s only one forty-third part of that of the United sC thus furnished one eighth of the whole body of repres«it: Mfij '' f i ^ 376 DEMOCRACY IN AlIFBICA. tives. The State of Connecticut of itself, however, sends only five delegates to Congress ; and the thirty-one others sit for the new Western States. If these thirty-one indi- viduals had remained in Connecticut, it is probable that, instead of becoming rich land-owners, 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 usefid legislators, they might have been unruly citizens. These reflections do not escape the observation of the Americans any more than of ourselves. " It cannot be doubted," say? Chancellor Kent, in his Treatise on Amer- ican Law, " that the division of landed estates must pro- duce great evils, when it is carried to such excess as 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 abun- dance of adjacent land, and the continual stream of emi- gration flowing from the shores of the Atlantic towards the interior of the country, suffice as yet, and will long suffice, to prevent the parcelUng out of estates." It would be difficult to describe the avidity with which the American rushes forward to secure this immense booty which fortune offers. In the pursuit, he fearlessly braves the arrow of the Indian and the diseases of the forest ; ht is unimpressed by the silence of the woods ; the approach of beasts of prey does not disturb him ; for he is goaded onwards by a passion stronger than the love of life. Be- fore 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 CAUSES WHICH TEND TO MAINTAm DEMOCKACY. 377 greater part of its inhabitants were nnt I..™ ■.^- ■ - nes; its capital has been bXnt th^ i:^'":^ , tiiej quit tupir second, to ameiioratP it otin They early broke the tie. whifh bound tiem to th^ T, earth, and they have contracted no toh „n"^^ t " En^gration wa, at first necessaty tl .' "m- and h If ' r^^^o^t^&sj or man is so ranid flint tha ^i^» ert reappears behind him T-i, j ^ ^^ ^®®" Passa,e^a sp.t^'nXilwhirtri^as^Tfj ^^Th^rstfeityr trv 'f 7^'- ^ the t^veller fre^nentl/'i^ :;3 ^ e^ll^ ^ Tf^' house m the most solitary retreat wuTl • ^" pHn.eval .Ctlot'trel Tlst^.tr^ Il^T *; resume tliP lion«fo i,- i ^«geiarion; the beasts resume the haunts which were once their own • and AT. ture comes smiling to cover thp f^ 7 ' ^^" branches and flowers Xt Tf *^^^^, ?^ '"^^ ^^^^h green I remember Z,- " ^"' '^^'"^''^^ *^^k. tricts Xh :,f :^^^^^^ ^sTar; ;' ^ Vr^'^-^ ^•- the shores of a lale wh .h 'f ''' ^°'^' ^ ^^^^^^^^ evalwith thetorirt smiirrr"'' " '^"^^^ ^- whose thick foS ctce^ d ts b^nr^' "f ^'^^'^ centre of the waters Tin .i, ^ '' ""'" ^'^"^ ^^« ^vaters. Upon the shores of the lake, no if; I 'i\ > , . i: ' 378 DEMOCRACY IN AMERICA. 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 liang from heaven rather than to be mounting to it. An Indian canoe was hauled up on the sand, which tempted me to visit the islet that had 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 incom- parable fi-uitfulness of the soil. The deep silence, which is common to the wilds of North America, was only broken by the monotonous cooing of the wood-pigeons, 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 herself; but when I reached the centre of the isle, I thought that I dis- covered some traces of man. I then proceeded to examine the surrounding objects with care, and I soon perceived that a European had undoubtedly been led to seek a refuge in this place. Yet what changes had taken place in the scene of his labors I The logs which he had hastily hewn to build himself a shed had sprouted afresh; the very props were intertwined with Hving 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 resources of Nature and the littleness of man ; and when I was obliged to leave that enchanting solitude, I exclaimed with sadness, " Are ruins, then, already here ? " In Europe, we are wont to look upon a restless disposi- tion, an unbounded desire of riches, and an excessive love of independence, as propensities very dangerous to society. CAUSES WHICH TEND TO MAINTAIN BEMOCEACY. 37!l IlfirVr *' ^-7 ^I-^ments winch insure a long and the Old World wluch .t is difficult to satisfy; for such is tneu- virtues. These circumstances exercise a great influ ence on .he estimation in which human actions S Lid ,„ the two hemispheres. What we should call cupidity the Americans frequently term a laudable industr^ ; anfth ev blame as fa,nt-hearted„ess what we consider to'^Le "hetil tue of moderate desires. „«•!"• ^™™'; ?™P'^ ^^' "'^"'^y "■»n«B, domestic affections and the attachment which men feel to the p Ice ttu^SlittdT '•'*^'' TT -^ ^-'^-"iesof tranquillity and happmess of the state. But in Amerio, xfu'^'^r'; ''\'"r "^^j"'"'^-"^ to society tt:;"!' virtues. The French Canadians, who have fidthfullv pre served the traditions of their ancient manners, ai^afreadv embarrassed for room upon their small territo -y and tWs little community, which has so recently begun ^ ;4t «' shortly be a prey to the calamities incideft to oldTaUons il^^rf ' "'f "■"'' ^''-ghtened, patriotic, and liumape mhabtants make extraordinaiy efforts to tender tl e pd content them. There the seductions of wealth are vaunt- ed with as much .eal as the charms of a moderate compe toicy in the Old World; and more exertions are mal'tt excite tlie passions of the cit,V.ens there, than to calm them elsewhere. If we listen *« ♦!,„• ^"" tl,»f „„,!,• • ""^ accounts, we shall hear that nothmg is more praiseworthy than to exchan-^e tte pure and ,r.™q„il pleasures which Ln the poor manlast m his own country, for the sterile delights of prospX under a foreign sky; to leave the patrimonial hear^S Hi fi ..^'t* 1 i I 380 DEMOCRACY IN AMERICA. the turf beneath which one's forefathers sleep, — in short, to abandon the living and the dead, in quest of fortune. At tlie present time, America presents a field for human eflPort 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, whilst 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 there, since they can be satisfied without difficulty ; the groAvth of human passions need not be dreaded, since all passions may find an easy and a legitimate object; nor can men there be made too free, since they are scarcely ever tempt- ed to misuse their liberties. The American republics of the present day are like com- panies of adventurers, formed to explore in common the waste lands of the New \\ orid, and busied in a flourishing trade. The passions which agitate the Americans most deeply are not their political, but their commercial, pas- sions ; or, rather, they introduce the habits of business into their pohtical life. They love order, without which affairs do not prosper ; and they set an especial value upon regu- lar conduct, which is the foundation of a solid business. They prefer the good sense which amasses large fortunes to that enterprising genius which frequently dissipates them ; general ideas alarm their minds, which are accus- tomed to positive calculations ; and they hold practice in more honor than theory. It is in America that one learns to understand the influ- ence which physical prosperity exercises over political ac- tions, and even over opinions which ought to acknowledo-e 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 change which our calamities are so apt to produce. I sometimes met CAUSES WHICH TEND TO MAINTAIN DEMOOHACY. 38] to filT""' '" *° ^""^'' ^'"'"' "■"> '■=«• <«» Obliged to leave their country on account of their pohtical opinions They ^1 astonished me by the language th'ey held, bTIe of them surprised me more than all the rest. As I was crossing one of the most remote districts of Pennsylvar I was benighted and obliged to beg for hospitalit/at tl e gate of a wea thy planter, who was a Frenchman by birth Ho bade me sit down beside his fire, and we be-. The third is to be found in the constitution of the j udiciaP^^^r. i Wi shown "Wlh^ courts of justice ^!^e«!L3jiiimct the impulses^^^^^^ ping Its activity. \?ff Vfr^ >5^ ^•vr- CAUSES WHICH nm> TO „A,NT„K I>.„oo«AOY. 888 •NFIOENCE OF MANNERS UPON TB„ „.. DBMOCR.TIC BEPUBUcTn THE UNfrn""""^ °'' ™» ^ liN THE UNITED STATES. causes to wl.ich the maintenanceTf . ^^^ genera] in the United States is at Ztablo V^"""^"P'"'""' ««««•» with the meanin. whirl In ^ "" "°'<' the word «<,™,- for I apnlv h w . """ """='""' '» ly so called, _4at is to wh , ll '° '"™"^'^ P«>P«»- r.™t among men Ld t! th™ "' TT ""<' "P'"'""' <=-- ^titute th^r ei:::r:et of ;;7 "VT '"f"^ *^'' ^ term, therefore the »1 . , '='»np™e under this of a peo;: X intlr ""'' '"?"^"'™' --J"'"" Americanmanne^ bm " .",""' '.° '''^" " P'^-''^ "f of them as are fro'J^llrf "•'''''"' ""' ^^l" ''«"«- eal institutions. '" ""'"'""""^^ of their poUti- REUGION CONSIDERED Aa A »n,™, r0WERP„.„ CONXRitDXES "oThe'mI^Z™"* ^"'^ BBMOCRAXIC REPUEUC AMONoL" XH^E'IScAr^ '"' the most Democratic and most Republican cTa. '' """^ '"™ op^nS t IZeetf w-ilh t t ^1 ^ "f - human mind be left to follow it „,™ b^tt w^' "."■' hetemponU and spiritual institu^s o™' 17/17" •' form manner; and man will endeavor VfT* "" to har„^i,e earth with heaven ' """^ '" 'P-^^' The greatest part of Britkh & r^ • -who, after u,f,:rtrtra:iho?;"^:?,^ m nil 1 (.- *ri£» 384 DEMOCRACY IN AMERICA. Pope, acknowledged no other religious supremacy: they bought with them into the New World a form of Chris- tianity, which I cannot better describe than by styling it a democratic and republican religion. This contributed powerfully to the establishment of a repubhc and a de- mocracy in public affairs ; and from the beginning, politics and religion contracted an alliance which has never been dissolved. About fifty years ago, Ireland began to pour a Catholic population into the United States ; and on their part, the Catholics of America made proselytes, so that, at the pres- ent moment, more than a milhon of Christians, professing the trftths of the Church of Rome, are to be found in the Union. These Catholics are faithful to the observances of their religion ; they are fervent and zealous in the belief of their doctrines. Yet they constitute the most repub- lican and the most democratic class in the United States. This fact may surprise the observer at first, but the causes of it may easily be discovered upon reflection. I think that the Cathohc religion has erroneously been regarded as the natural enemy of democracy. Amongst the various sects of Christians, Catholicism seems to me, on the contrary, to be one of the most favorable to equality of condition among men. In the Catholic Church, the religious community is composed of only two elements; the priest and the people. The priest alone rises abo/e the rank of his flock, and all below him are equal. On doctrinal points, the Catholic faith places all human capacities upon the same level; it subjects the wise and 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 compromise with mortal man, but, reducing all the human race to the same standard, it confounds all the distinctions of society CAUSES WHICH TENB TO MAmTAIN DEMOCEACV. 38« than toLder them tquii "^1:^?" '"'i^P™"-'- -^ cl^e, of society are more e,„d than L^ """ been used tre-cJ'The'l^rn "of Z" "iv T'*^^' thin^ to which he helonger Thl t' CtX^! of condition into the political worU "'"^'5' If. then, the Catholic citizens of tho TT„!..j o. . Mace the™ " "™ P""'''«^'- ^heae t™ causes SfwHch thevlT't"'^' '° '"^°I" Po'-'-'J d- they wTr^ „• 'r T ''"''"'?' ^upportwith less zeal if tney were nch and preponderant. attemnt^t""' "^"Y "^ "'^ ^''''"^ ^^'^^ have never attempted to oppose th,s political tendency; but they seeT I w iiiiUipi 886 DEMOCRACY IN AMERICA. ii^' I Hi rather to justify it. Tlie Catholic priests in America liave divided the intellectual worid into two parts : in the one, they place the doctrines of revealed religion, whicli they assent to without discussion ; in the other, they leave those political truths, which thev beheve the Deity has left open to free inquiry. Thu.i tlio Cutholics of the United States are at the same time tlie moit submissive behevers and the most independent citizens. It may be asserted, then, that in the United States no religious doctrine displays the slightest hostility to demo- cratic and republican institutions T? >. clergy of all the diflferent sects there hold the same language ; their opinions are in agreement with the laws, and the human mind flows onwards, so to speak, in one undivided current. I happened to be staying in one of the largest cities in the Union, when I was invited to attend a public meeting in favor of 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 platfoi-m : the spectators rose, and stood uncovered in silence, whilst he spoke in the fol- lowing terms: — " Almighty God I the God of armies 1 Thou who didst strengthen the hearts and guide the arms of our fathers when they were fighting for the sacred rights of their national independence! Thou who didst make them tri- umph over a hateful oppression, and hast granted to our people the benefits of liberty and peace I turn, O Lord, a favorable eye upon the other hemisphere; pitifully look down upon an heroic nation which is even now struo-o-lino as we did in the former time, and for the same rights. Thou, who didst create man in the same image, let not tyranny mar thy work, and establish inequality upon the earth. Ahnighty God! do thou watch over the destiny CAUSES W„,o„ XE^O TO MA,NTA,. „EMOC«AOV. 38V their anns! Shed foX "hi ..''' "'^ ''""S"* »''»'« scatter the powe« „h" Lke T"" '^'''' ^^'^^i permit not the injustice It. r™'' ,'^"'' *«•»; ""d fifty years to be collm! 2 "'"'''' '"" """^^^^^ «>f holdost alike the he" Hf nai'" "VT « ^-J' -ho e*l hand, ™se up allil t 'T ^-^ '"^^ "» » % pow- -use the French "natn ^o^T:;'^,,^'^^ "f ^8"'^ rulers retain it, tliat it m«„ T ^ "^ '" ^''ich its liberties of the w„rM "" '" ^"'''^ "«»'» *» %''t for the " Lord, turn not thou thv ft,.o c we may alway be the mo 7 ~? • "" "'' ""' 8«">t that people of the earth Xtel =^ -" - "- freest, tions this day. Save the Xs 1 I ^^\ T ="PP'-'^ name of thy wcll-beloved Son our T >?''" *^'"'' '" *« died upon the cross for the XL f.f'''"^ ^''™'' -^o TWho,emeetin,^po:£?ll--;,.--; " THE ONITEB STATES. Chri«ti,„ Morality coinmoa to all Sect. _l„» Manoer, of .he American.. -Cr'""™"' '' »•"«'»" «P<>n fl.. Re%™ confine, the ta.Jnyi.fjf"/" "" M°"i«ge Tie._H„, "». .nd check, the P^.>o!ZZtZ T'" ^"f """" ''"'- H 'f 1 'i£ m 888 DEMOCRACY IN AMERICA. ■ ^mm >' -f V merable. They nil difFer in respect to the worship which is due to the Creator ; but they all agree in respect to the duties which are duo from man to man. Each sect adores the Deity in its own peculiar manner ; but all sects preach the same moral law m the name of God. If it be of the liighest importance to man, as an individual, that his relig- ion should be true, it is not so to society. 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 little importance to its interests. Moreover, all the sects of the United States are comprised within the great unity of Christianity, and Christian moraUty is everywhere the same. It may fairly be believed, that a certain number of Americans pursn.e 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 world where the Christian religion 'retains a greater influence . Dver 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 powerfully felt >2X?E..^^6. i^ost enlightened and free nation of the earth. I have remarked that 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 pubhc opinion ; but it directs the manners of the community, and, by regulating domestic hfe, it regulates the state. 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 imable to ever^.l.ing eontrib„te. to I„ e ^'7^ /"" """'' the mind of „„„„„ ;, supreme a'nrl '""'"•'"™ o™' t-tors of morals. Th J ^ " ;;^„'',;7™ -« "■" Pr- world where the tie of marnVe i^^ """"""^ '" "'« America, oi where coniu^J f ".■"•>'•". '•«P«<^ted than i„ worthi,, appreciat:d:Ti5ni:: :z 'f Z ances of society arise from th. ' T . *^'^ '^'^^''''^ f To despis^ the n^^::; ^S^^^!^ T'' of home, .3 to contract a taste for excSe T ''^'""^ European is ^^^l^Z^^J^ ^f"f ^^ powers of the state exact „,,, '^ ■ ^^'''"'™ retires from the turmoil oTpuUic li fe L ""l "= ^'"'™''" ftmily, 1,0 finds in it the hnal of ! , ^7"" "^ ^" There his pleasures are si^.f and natall 1 "' ''"''^- innocent and calm; and as hi fi„ , " "'"''™'« '"' joys are the surest path to ha„„il , """ "" "''''"'•'y ''& « to moderate'h s „X rr;^ 'IT-T™' ''''^''' -^"y European endeavors to folr- , ' '^"'' ■*^'"'''' *e tatini society, T A^IS dLvrfrtr"'^' "r^'" that love of order which he =(V ■ """ '"""^ into public affairs' "™''''' <^''™^ «''* ""» In the United States, the influence „f ,.„IP • • confined to the manners but itT? j ,^"'" " "»' of the people. Amonl the 1 I A '"-""^ "'telligence, fees thi doctrines Tc" ntvtt """' ""^ P^"" them, and others do ,,,„ "" "^ fr<»" " ^'ncere belief in pected of :l2t ChriSitv ThT f""^' '"'' '" "^ "^■ obstacle, by i-niver,,! .? ^ ^' ,"'^'*™' ■•«§"' without have before Zved Z ^ ' • """^"^™'' ■'• ^ ^ world is fixed and d!» ™7 P"™'P'" "^ «'« >noral is abando!:d?ttirtr:;dlrf *^ '*'^^' ^™^" ««udies and the experiments of men. 390 DEMOCRACY IN AMERICA. Thus the human mind is never left to wander over a boundless field ; and, whatever may be its pretensions, it is checked from time to time by barriers which it can- not surmount. Before it can innovate, certain primary principles are laid down, and the boldest conceptions are subjected to certain forms which retard and stop their completion. 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 re- straint recur in poKtical society, and are singularly favora- ble both to the tranquillity of the people and the durability of the institutions they have estabKshed. Nature and cir- cumstances have made the inhabitants of the United States bold, as is sufficiently attested by the enterprising spirit with which they seek for fortune. If the mind of the Americans were free from all trammels, they would shortly become the most daring innovators and the most persistent disputants in the worid. But the revolutionists of Amer- ica are obliged to profess an ostensible respect for Christian morahty and equity, which does not permit them to violate wantonly the laws that oppose their designs ; nor would they find it easy to surmount the scruples of their parti- sans, even if they were able to get over their own. Hith- erto, no one in the United States has dared to advance the maxim that everything is permissible for the interests of society, --an impious adage, which seems to have been invented in an age of freedom to shelter all future tyrants. Thus, whilst the law permits the Americans to do what they please, religion prevents them from conceiving, and forbids them to commit, what is rash or unjust. Religion in America takes no direct part in the govern- ment of society, but it must be regarded as the first of their political institutions ; for if it does not impart a taste for freedom, it facilitates the use of it. Indeed, it is in >~..*tm^„:^ats „««!.^, CADSES WmoH TEND TO MAKTADI DEMOCRACY. 39] AiB same point of view that the inhabitants of the United States themselves look npon religious belief. I do n^ ttr^S*" 1 *^ Amerieanslve a since J faUht butlat^ :~ T''*'^ """ "^'"^ ">" human heart?- but I am certain that they hold it to be indispensable to the mamtenance of repubhcan institutions. This „niln ■snot peculiar to a class of citizens, or to a pa ty T ^ belong to the whole nation, and to eve.y rank of focie^v In the United States, if a politician Tttacks a eTfhis may not prevent the partisans of that very sect irom sut porting km ; but if he attacks aU the sects together eveT one abandons him, and he remains alone. ° ' ^ caW ft'tlT '" "^""f? ' ^''"'''' ^'"' ^'Vmoi to be New yII^ fT'""! f *''' ^'"""'y^f Chester (State of ence of God or ,n the immortality of the soul. The iud^e refased to admit his evidence, on the ground that th wS ness had destroyed beforehand all the confidence of The court in what he was about to sav • Tl,„ 7 related the fact without any furtheT-conreL."™^^^''"' Yorkl . f™ .1. ■ . ^°"°°° J^'™ "f Chester Coaniy ,Ne,r been aware ib^LJlT f ' "' "^'""''' "«" ''" >^ °<» «»« u ueen permuted to testify without such belief." ica?4;^:^r^^^^^ ^^'^^^^ -otapeculiarit^of A^e. a mark of Ze t f^rte ChH 7 ", " ''^^ """^^^- '' '' °°' "^'^^^ - thy of belief buh7 '"'' ''^'^^°°' '" ^"'^'''' ^"^ ^'^'^'^ i« «nwor. except i i^^^^^ '^ f r'^ ^« ^-^^^ - a court of justice sanction, in th luTh ;f 1^^ '" °^ ™^^°^"»' ^^--« >* ^a. no future retribudon lie !r. 7 ""* '^"'^^ ^° ^ just God and a not believrwtt others beT." T'"'''' ''"^'^"' "°* '^^ ^^ ^oes What others believe, but because lie cannot be sworn. -Am Ed J 392 DEMOCRACY IN .AMERICA. The Americans combine the notions of Christianity and of hberty so intimately in then- minds, that it is impossible to make them conceive the one without the other; and with them, this conviction does not spring from that bar- ren, traditionary faith which seems to vegetate rather than to Jive m the soul. 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 whom they came. I met with weal- thy iVew-Englanders who abandoned the country in which they were born, in order to lay the foundatioiis of Chris- tiamty and of freedom on the banks of the Missouri, or in the prairies of Illinois. Thus religious zeal is perpetually warmed m the United States by the fires of patriotism, ihese men do not act exclusively from a consideration of a tuture ak ; eternity is only one motive of their devotion tothecavse. If you converse with these missionaries of Christian civihzation, you will be surprised to hear them speak so often of the goods of this world, and to meet a po iticiai) where you expected to find a priest. They ^iH 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 repubhcan institutions which now flourisli upon the shores of the Atlantic Ocean would be in great peril. It IS therefore our interest that the new States should be re- Iigious m order that they may peimit us to remain free." feuch are the opinions of the Americans : and if any hold that the religious spirit which I admire is the very thmg most amiss in America, and that the only element wanting to the freedom and happiness of the human race on the other side of the ocean is to believe with Spinoza in ' ^'" t nmgmt. . . CAUSES WHICH mi> TO MAINTAIN nEMOCBACy. 393 hold this iCiTaU "A "P'^; '^'" *- -ho they have nerer seenT "li '" '^'"™'=*' ^^ "'-' theyretumCa ™i;,f^,^;"^ °? ^^^^ "^''™- When •hey have to say. """""'y' ^"^ «''"" hear what ~e the iLi:-:;:: t^r^pfrir^ *^^ and misery from power and riches ST ™^ this gulf with r^ns, that ^^ITt^Zr^"^ «" "P ■nen are the »»&«m of liberty, ^IdXhtfoVh '' advantage, whatever h. »!,. . , ^ *heir own public wil sta^d kL \ r ""'y ^''^'"•- The r^ upoutof hirpreiTnf dT"?: ''^''™'^''° ''^'^'^ "-" and not of their interit, nl 7^ "^ passions, feitl., hut liberty cann^ rS ? '•"" ""'^ «°™™ "*»"' in the republic ISev^^tCb' ""T' ■"'"' ""^'^^ "»«^ters, if tliey be not submissive to tlie Deity? milM 1 894 DEMOCRACY IN AMERICA. 'V PRINCIPAL CAUSES WHICH RENDER RELIGION POWERFUI IN AMERICA. 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 Nat- oral 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. The philosophers of the eighteenth century explained in a very simple manner the gradual decay of religious faith. Religious zeal, said they, must necessarily fail the more generally liberty is established and knowledge diffiised. Unfortunately, the facts by no means accord with their theory. There are certain populations in Europe whose unbelief is only equalled by theh- ignorance and debase- ment; whilst in America, one of the freest and most enlightened nations in the world fulfil with fervor aU the outward duties of religion. On my arrival in the United States, the rehgious aspect of the country was the first thing that struck my attention; and the longer I stayed there, the more I perceived the great political consequences resulting from this new state of things. In France, I had ahnost always seen the spirit of religion and the spirit of freedom marching in opposite directions. But in America, I found they were intimately united, and that they reigned in common over the same country. My desire to discover the causes of this phe- nomenon increased fi-om day to day. In order to satisfy It, I questioned the members of all the different sects ; I souglit especially the society of the clergy, who are the depositaries of the different creeds, and are especially in- terested in their duration. As a member of the Roman Catholic Church, I was more particularly brought into .-iML*iiBfi**>»-«. CAUSES WHICH TENB TO MAICTAIN DEMOCRACY. 395 contact with sevpral nf iVo • . intimate., ..,Z2\:'To ZT^T "'""t ' "^^ my astonishment and ^xZT^ ° ^t """ ^ "'=I"^^^«' they diiTered upon matS of ft T, """^ = ^ ''»"■"* *=" attributed the p'eaoerdrniot"^1^rt t-*^^ ^ t.y mainly to the separation of cllch fZt . "'7,'="""- hesitate to affirm, that, during „ "n Ame ' T 7^ not meet a single individual, rf the ct^^of tl?-? f was not of the same opinion upon th^l "" '="'^' -■"> huS:'irthrsr:;hrth:r™' ^ '^r ^ ^- cupy in poMtical society. I leald with '™ "'^^ """ filled no publie appoin^n L ^1 id 1 ""^™' *? "^^^ in the administJL, and theV are 1 ""' "^ *^'" the legislative -semMe. T ^"11^'?!'''^'! " excludes them from poliLl llff t ?'* ""^ '™ And when I camel ^W -^ ' f"""' °P™™ ™ ""■ the Cergy, lirdVa^ZtTits mS''"»" '''"'^^ '•'pHro r^f ^■l, • "^ members seemed to r;:; mrrtheT^fT r^^^-™^ -^ p--- ™" from poLcs '^ ''' °^ *'■'• P™*'''-''"' to abstain ■"eeping. cleiCTmen often serve molfh^, "^^^ '™' '' ""• °7™'" « .he W„ ta either of .he.e offieer^'; ll\ ""' "" °°' » t Thej are not represented a. mci r<„, .i,. . ' sen. their townships, o. even their sLt'crLT -TT '" "^''• An"/: "^°°:*--"" °f *w York,. Art. VI g 4 !' And whereas the ministers nP tho r i cated to the service of God Id h, el „7 T "' ""' '"'""'""'■ "" «rted froM the ,„»t dntiesTf t e r l4° l: °"°""* °°! " "° ^■ «^pel, or priest of .n, denomination" I^vt'Su « "'I'" °[ *° «ft«r, under any pretence or 1 .™„,- '™™'' '™l> »' any time here. of holding, an^cyjm^la'Xrn"'""',''.' '>"* '"^ °' '"f""' bee ai'o fh« r ^ ^ P'*^^® ^"*'"n this State." »ee a?.o the Const.t.aions of North Cavolina Art YTVT ir- • • Sortu Carolina, Art. I. § 23; Kentuckv aT. I'lTse^e ' 'T ' ^. § 1 ; Louisiana. Art. II. § 22. ' ^^°°«'«<^' ^- ( rf?T" •"■"'iiftiefelWfcK.-, 896 DEMOCRACY IN AMERICA. I heard them inveigh pgainst ambition and deceit, under whatever political opinions these vices might chance to Inrk ; but I learned from their discom-ses that men are not guilly in the eye of God for any opinions concerning political government which they may profess with sincer- ity, 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 anxi- ety attendant upon personal interest. These facts con- vinced 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 rehgion was increased by a state of things which diminished its appar- ent force : these causes did not long escape my researches. 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 bound- less desire to exist ; he scorns life, but he dreads anniliila,- tion. These different feehngs 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 vio- lent distortion of their true nature ; they are invincibly brought back to more pious sentimonts. Unbelief is an accident, and faith is the only permanent state of mankind. If we consider religious institutions merely in a human point of view, they may be said to derive an inexhaustible element of strength from man himsolf, since they belong to one of the constituent principles of liuman nature. 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 \ CAUSES WHICH TEND TO MAINTAIN DEMOCIiACY. 397 institutions which direct sooiVtv p !• • united with the govem^eirj t^TtTCX'' immortality which lives i„ every humT V, . "^ "'^ aspire to universal dominion • bufwh ^ °'''' " """^ with a government itT, 7 '. " " """"''<=*« 't^elf cable o„V t c'ta L nils II ""T "'""" ""^ "PP"" with a political nower t? ' '" *"™'"« '" "»'■»<=« a w L ^liiTSf :?'r:.^-t!: r "^ »- the afiections of all manl^nd But tf f "T '"'"' the bitter passions of the w^rld it 1 K ""''"^ "^ "* defend allies whom It, t, T^ ''^ constrained to love, have given to i "t" ' T ™' *'" P™<='P'^ "^ are still attached o i 'l,o ^ '^ antagonists men who than the opinions "f^ 1 f ^f™'^ ''"^ *«'^ ''"''««" or the life of a^ :lirirr; "" """"? "^ *« '-^' condition which seems TTk .""'' "'"'"'5' ""^ '"""^ and with the sochT ol V ""'' ""^ ™'^ determinate ; The powe^ of i-T '"' '""^"""S <='^« """'^ ''hange. otlierwith rapidity like thrfleeTn* 'cartVir T"" government has ever yet been f™™? ^ ' ""'' "" ryot been fonnded upon an invariable 1 1 °i^4 J'*,^ 398 DEMOCRACY IN AMERICA. If',' i€ disposition of the human heart, or upon an imperishable mterest. As long as a religion is sustained by those feelings, pro- pensities, and passions which are found to occur under the same forms at all periods of history, it may defy the efforts of time ; or, at least, it can be destroyed only by another rehgion. But when religion clings to the interests of the world. It becomes almost as fragile a thing as the powers of earth. It is the only one of them all which can hope for immortality ; but if it be connected with their ephem- eral power. It shares their fortunes, and may fall with those transient passions which alone supported them. The alli- ance which religion contracts with political powers must needs be onerous to itself, since it does not require their assistance to hve, and by giving them its assistance it may be exposed to decay. The danger which I have just pointed out always exists, but It IS not always equally visible. In some ages, govern- ments 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 som- nolence, and others rouse them to feverish excitement. When governments seem so strong, and laws so stable, men do not perceive the dangers which may accrue from a union of church and state. When governments appear weak, and laws inconstant, the danger is self-evident, but It IS no longer possible to avoid it. We must therefore- learn how to perceive it from afar. In proportion as a nation assumes a democratic condition of society, and as communities display democratic propen- sities. It becomes more and more dangerous to connect religion with poUtical institutions j for the time is comina when authority will be bandied from hand to hand, wheS pohtical theories will succeed each other, and when men laws, and constitutions wiU disappear or be modified from' s CAUSES WHICH TESD TO MAIKTAm DEMOCliACV. 390 democratic republics iust Jl T . "'"'"'® "^ the law of ab'soLrrna^hLT""" ^"' ^'^^P»^^' ^ fi-., * ""'wrsal decay ? The Amencan clergy were tbs fet to porccve this truth, aud to act in conform^™ tVu They saw that they must renounce their religious Mu „ce .f they were to strive for political power, fnd trey cZe S„r '^ '"''-' "^ *^ --' -*- fan to sS In America, rehgion is perhaps less powerful than it h. been at certain periods and among certL na^in' but t mfluence .s more lasting. It ^^tricts itself to ite own resources but of these none can deprive it: i ts cMe" s l.m,ted, but ,t pervades it and ho.ds'it under united On every side in Europe, we hear voices complaininuman soul that we Tn dXt he ° '' Y """'"'"« *« received. The m-,,, of" I , J'"""''' ^*''"'''' i' I«>s thefeelin«ofrdi"^n dolt '"''" "" "'^^'^^ «">out -iti. the ...tabml ed fa th tT"™ ""^"""^ "' ™"'"- ft-ture life brines he , V^ "'^'"'etive desire of a l^earts of nT ^ f the nrr t '''T "'^ '^"'■•' ""<• »?<>- the But this pi :re is'n :'ar. r™'"''°"^ "' -«g'™- men amon Ju "vho haTe ^'' ?"t '" '^' ^"^ *'"=^« -e without ado ,t^; tv"r""'1-'" ^^''"' » Christianity, peT,Ie:dties f doub^a^d al ^^J °""^^ ""^ '" '^^ and other., again t^' a^id ^ ^ ''^'f ""' '° l*"^™! which they' s§i,";helht set.r'' *" ^''™«»" ^^^ all obstacles, and to s^ZJ^' '^^ ''""''y '<> •»'»™ faith. The; have don! ^'"' '" ''^'''^"^^ "^ 'heir order to rise superior" o nutr '■" •''"""" ^'^'''^"-' '» eifort they have'!: .'t ,e^" '^XC ''f''' "^ '"" and as thev know f)„t ,i e ! ^ ""^ ''''"'='■*' '» stop; of indepen'dence , t ' taf r" r''*'' "" ^'•™^'' '""'^ their oontemporires with d . f""' ""^ '°* "P™ the liberty wSZi f n •' ""'' '■'™" "' »'''™ f™™ As unbelfef aptr h 1"?'^"' '"'' ^^*'"S '° »''*-"• all that is „ew?n oL in ° ' "''™"^' "'^^ ^""-P™" at war with tl eii " J r'""""'' ''"™''^"^- "^''^^ «« « ^ '"'" "S^ ""d ™™try, and they look upon i 'i jj^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 If I I.I 1.25 M i2.5 % I4£ p.O 1.8 U lllll 1.6 6" vj ? """ "'"'"'^"^ "^™^' '" *'•« United States than in Europe. - No one completely uninstructed. - Reason of this - Ranid .^ with which Opinions are diffixsed even in the half-cultivated St^t^i :i^z:i-^LT' """°^^ -' ''-''-''' '^ ''' ^-^ I HAVE but little to add to what I have already said, con- cenimg the influence which the instruction and the habit, of the Americans exercise upon the maintenance of their political institutions. America has hitherto produced very few writers of dis- tmction • It possesses no great historians, and not a single emment poet.* The inhabitants of that country look upL literature properly so called with a kind of disapprobation ; and there are towns of second-rate importance in Europe m which more literary works are annually published than in the twenty-four States of the Union put together.f The spirit of the Americans is averse to general ideas; it Tli^''-V''™'°*r"' "''^'' *"" '^^^P^"S '^'^ ^° ^833, when M. de rocquevjUe wrote. But now, when the list of onr historians contains the thaTof "' ^r'^' ^'^°"^^' ""'''^y' ^^^^y' -«i Hildreth. and Uutt of our poets includes those.of Longfellow, Bryant, Dana, Spr^e. LoweU, and a crowd of others, our author's remark is only curLs ^ evincing the suddenness and rapidity with which literary talent has been developed in the United States. - Am. Hd. ani !lu^''\'Z"'^"^ *' ''^' ^^' "" ™^^ '^"^'^ ^« °°^ ^°°"ally printed the reading public" is larger in America, in proportion to the population. than in any other country in the world. This is a consequence partly of he jnde iffnsion of education, which enables so many to'read bo'l", anl partly of the general prosperity of the people, which enables still mo;e to atf Jv. r " """' '° ""' '" " "*^™'^^'«'^ "^^^ ^''« "i'P- ^1-- > or in favor with the common people. _ Am. Ed. ■t I 404 DEMOCRACY IN ASIERICA. does not seek theoretical discoveries. Neither poHtics nor manufactures direct them to such speculations; and al- though new laws are perpetually enacted in the United States, no great writers there have hitherto inquired into the general principles of legislation. The Americans have lawyers and commentators, but no jurists ; and they fur- nish examples rather than lessons to the world. The same observation apphes to the mechanical arts. In America, the inventions of Europe are adopted with sagacity ; they ai-e 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. The observer who is desirous of forming an opinion on the state of instruction amongst the Anglo-Americans must consider the same object from two different points of view. If he singles out only the learned, he will be astonished to find how few they are ; but if he counts the ignorant, the American people will appear to be the most enlightened in the world. The whole population, as I observed in another place, is situated between these two extremes. In New England, every citizen receives the elementary notions of human knowledge ; he is taught, moreover, 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 ex- tremely rare to find a man imperfectly acquainted with all these things, and a person wholly ignorant of them is a sort of phenomenon. * This assertion is the very reverse of the truth. In no country in the world, during the laat fifty years, has inventive industry been so far devel- oped or so successful as in America. Europe copies and adopts American inventions, but furnishes very few comparatively in return —Am. Ed. CAUSES W„,OH TKND TO „A,KTAIK ^MOCBAOY. 405 When I compare the Grept «„A r> • these American States the™ """" ■"''P-l'lics with former, and their ™dl'*, ?™"'""P' '"'■^™» <>f «he journals and tie nSe-d t nT' "f 1 *)" '"""»"'''•''« -comber al> the at^-^Vh ctU'^at^.^ 7\' modem republics by the aid „f t , T • •'""'^ *''* infer what will happen n our ti'r °^ ""."''""y' ""<• ^o two thousand yeaT "^o "j '""" f "^ ^^ '«» '"ok place books, in orderTappt'„7ne b^ TTn '" '"™ "^ a condition of society "°™' "'"'^ '" '^ n»™l be^pW inlfSylo^lIwho^n' "•"'' ""' ■'°--- towards the West or th! q„ ,^ .t ^""^ = '' ^^ '«'™n'^« p.^^inishes/L-:r^f;-^^^^^ " "s;: rarer r; ei^tr d"^^ ^--S of a barbarous col iot f T '*'"''' *•<"" *'"« ^^^^^ ci.fli«.tion7 Zrti:, : ;1:t '°™'^' "-^ "s"" "^ them have improved Z'! 1, !^l ""''""' ' ^""^ <>f their course, rl:^rarst:^Utdt™st'u^^^^^^^ upon the way. ^^ ' ^^^ ^^^^ sleeping Such has not been the case in *h^ tt v j ^ Anglo-Americans, alrea^ Xd ,S!'d ^''T' ^« 'ory which their ^cenL^ 1 ;f hTha^'lrf ftlrelSrerof^---^^^^^^^ their esteem for knSe Edrr'^'"'"™''''''" ^-^ -ety has no infancy, but it is boi i„ mt\ ^tl ^' I I Ml 406 DEMOCRACY IN AMERICA. The Americans never use the word " peasant," because they have no idea of the class which that terra denotes j the ignorance of more remote ages, the simpHcity of rural life, and the rusticity of the villager, have not been pre- served amongst them ; and they are alike unacquainted with the virtues, the vices, the coarse habits, and the sim- ple graces of an early stage of civilization. At the extreme borders of the Confederate States, upon the confines of society and the wilderness, a population of bold adventur- ers have taken up their abode, who pierce the solitudes of the American woods, and seek a country there, in order to escape the poverty which awaited them in their native home. As soon as the pioneer reaches the place 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 dwelHngs. The traveller who approaches one of them towards nightfall 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 sup- pose that this poor hut is the asylum of rudeness and igno- rance ? Yet no sort of comparison can be drawn between the pioneer and the dweUing which shelters him. Every- thing about him is primitive and wild, but he is himself the result of the labor and experience of eighteen centuries. He wears the dress and speaks the language of cities ; ha is acquainted with the past, curious about the future, and ready for argument upon the present ; he is, in short, a highly civihzed being, who consents for a time to inhabit the backwoods, and who penetrates into the wilds of the New World with the Bible, an axe, and some newspapers. It is difficult to imagine the incredible rapidity with which thought circulates in the midst of these deserts.* I do not * I travelled along a portion of the frontier of the United States in a sort of care, which waa termed the mail. We passed, day and night, with CAUSES WHICH TEND TO MAINTALX DEMOCRACY. 407 think that SO much intellectual activity exists in the most enlightened and populous districts of France * It cannot be doubted that, in the United States, the mstmction of the people powerfully contributes to the support of the democratic repubhc ; and such must always be the case, I believe, where the instruction which en- hghtens the understanding is not separated from the moral education which amends the heart. But I would not exag- gerate this advantage, and I am still further from thinking as so many people do think in Europe, that men can be ms^^ntaneously made citizens by teaching them to read and write. True mformation is mainly derived from experi- ence ; and If the Americans had not been gradually accus- tomed to govern themselves, their book-learning would not help them much at the present day. I have lived much 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 led to speak of Europe; for he will then probably display great rapidity, along the roads, which were scarcely marked out through ^t From . T " "' ''"' ^'^^ "^ ^"""^^'^ ^-^ 'y 'he ^'^^t W was a post^fflce. The mail dropped an enormous bundle of letters at the door of th« isolated dwelling, and we pursued our way at full galLp. L. Jel-'lTV"^^''!!"' «'^^^ean paid 23 cents to the post^ffice oTj^TSn ""' ''"'' '' ^'°^^ '' '""^ ^e^-- of the French pos^ office. {8e^ the Compte rendu del'Admmstrationdes Finances 1833 n fiQ,t Now the State of Michigan only contained at that tir Inhlt^^^^^^^^^^ L'tZo7tLtt''°''^°"'^^- ^he instruction and the trX Son whn T . r "^ '^'"" '' '''''' '' "^°«* °f »he States in the Umon. wh,lst the D^rte^t du Nord, which contains 3.400 inhabitant ••^""■^■""■■■^M 408 DEMOCBACY IN AMERICA. much presumption and very foolish pride. He will tako 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 countiy, the cloud which dimmed his intelligence will immediately disperse; his language will become as clear and 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 instruc- tion 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 govern- ment from governing. The great work of society is ever going on before his eyes, and, as it were, under his hands. 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 to be provided for before- hand. Upon casting a glance over society in the two hemispheres, these differences are indicated even by their external aspect. In Europe, we frequently introduce the ideas and habits of private Hfe 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, transport the habits of public life into their manners in private ; in their country, the jury is introduced into the games of schoolboys, and parliamentary forms are observed in the order of a feast. CAUSES WHICU TEND TO MAINTAIN DEMOCRACY. 409 THE LAWS CONTRIBUTE MORE To tmi, w.x THE DEMOCRATIC REPUB^C IN THE ^TE^r "' THAN THE PHYSICAL CIRCUMSTANCrop'TrEc OU^^inY' AND THE MANNERS MORE THAN THE LAWS. ''''^^^' AU the Nations of America have a Democratic State of Society Y« Democratic Institutions are supDorted onlv „™ I . ^' ~" *' P«b,c.- Mexico, which h., aa„p«a ,he c„„.«„i„„ JZvI^ Z.^ to n,a.o«,o ,. tf,.„ ,h„., „, tt„ E«. - Ec„„„ „f .h^o w! lam xemwked that th». maintenance of democratic mutuf ons m the United States is attributable tole^r! cn mstances,-t E-e laws, and the manne- f t.b.t 1 ! ^ Most^tr^ans .e acquainted wr^tyl t 7^ three causes, and they are apt to mvP if o r. ""V i»po.ance which it Ls J: Xv^ir'""'''^'' It 13 true that the Anglo-Americans settled in the New World m a state of social equality; the low-bom Id th noble were not to be found amongst them ; and wofe^ s«>nal pre^diees were always as 4known asTeK" dices of birth. Thus, as the condition of society wl U„ited\„, t' crcumstance is not peculiar to the United States j almost all the American colonies were founded by men equal amongst themselves, or who LTm! so by inhabiting them. In no one part of the New Worid have Europeans been able to create an aristocracy W S «::::"•= '"^'''"«- ^-^^ -—but i„ t.. • I remind the reader of the geaeral signiflcaUon which I d™ u> d,. w„,^«.-oe.e„,.he™., ao. intCeettta, char^iror.!' 18 mMiI 410 DEMOCRACY IN AMERICA. 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 Ameriv>rt were no less isolated by na- ture; 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 i and the Anglo-American democracy is the only one which has hitherto been able to maintain itself in peace. The territory of the Union presents a boundless field to, human activity, and inexhaustible materials for labor. The passion for wealth takes the place of ambition, and the heat of faction is mitigated by a consciousness of prosperity. But in what portion of the globe shall we find more fertile plains, mightier rivers, or more unexplored and inexhaust- ible riches, than in South America ? Yet 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 inhab- itants of the United States, their lot might still be such as to excite the envy of some nations in Europe. There are, howevei^no nations upon the face^^ilic_fiajlh4noremi£ nS5«i5 America. al)le_ilia, Thus, not only are physical causes inadequate to produce results analogous to those which occur in North America, but they cannot raise the population of South America above the level of European states, wbere they act in a contrary direction. Physical causes do not therefore affect the destiny of nations so much as has been supposed. I have met with men in New England who were on the point of leaving a country where they might have re- mained in easy cu-cumstances, to seek their fortune in the wilds. Not far from that region, I found a French popu- CAUSES WHICH TEND TO MAINTAIN DEMOCRACY 4H lation in Canada, closely crowded on a narrow territory, although the same wilds were at hand ; and whilst 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. Thus Nature offers the solitudes of the New World to Europeans also ; but they do not always know how to make use of her gifts. Other inhabitants of Amer- ica have the same physical conditions of prosperity as the Anglo-Americans, but without their laws and their man- ners; and these people are miserable. The laws and manners of the Anglo-Americans are therefore that special and predominant cause of their greatness which is the object of my inquiry. I am far from supposing that the American laws are pre emmently good in themselves : I do not hold them to be applicable to all democratic nations; and several of them seem to me to be dangerous, even in the United States. But It cannot be denied that American legislation, taken as a whole, is extremely weU adapted to the genius of the peo- ple 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 than the nature of the country upon the social happiness of the Americans, there is still reason to believe that their effect is inferior to that produced by the manners of the people. The Federal laws undoubtedly constitute the most impor- tant 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 un- able to accustom itself to the government of democracy. i 'I 1,4 w 412 DEMOCRACY IN AMERICA. Some other cause is therefore at work, independently of physical circumstances and peculiar laws, which enables the democracy to rule in the United States. Another still more striking proof may be adduced. Al- most 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 differ- ences arise ? Why, in the Eastern States of the Union, does the republican government display vigor and regular- ity, and proceed with mature deliberation ? Whence does it derive the wisdom and the durability which mark its acts, whilst in the Western States, on the contrary, society seems to be ruled by chance ? There, public business is conducted with an irregularity, and a passionate, almost feverish excitement, which do not announce a long or sure duration. I am no longer comparing the Anglo-Americans with foreign nations; but I am contrasting them with each other, and endeavoring to discover why they are so un- like. 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 ? It is in the Eastern States that the Anglo-Americans have been longest accustomed to the government of de- mocracy, and have adopted the habits and conceived the opinions most favorable to its maintenance. Democracy has gradually penetrated into their customs, their opinions, and their forms of social intercourse ; it is to be found in all the details of daily life, as well as in the laws. In the Eastern States, the book instruction and practical education of the people have been most perfected, and religion has CAUSES WHICH TEND TO MAINTAIN DEMOCRACY. 413 been most thoroughly amalgamated with liberty. Now, these habits, opinions, customs, and convictions are pre- cisely what I have denominated marmers. In the Western States, on the contrary, a portion of the same advantages are still wanting. Many of the Ameri- cans of the West were bom in the woods, and they mix the ideas and customs of savage life with the civilization of their fathers. Their passions are more intense, their religious morality less authoritative, and their convictions less firm. The inhabitants exercise no sort of control over their fellows, 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 their infancy; for, although they are composed of old elements, their assemblage is of recent date. The manners of the Americans of the United States are, then, the peculiar cause which renders that people the only one of the American nations that is able to support a dem- ocratic government; and it is the influence of manners which produces the different degrees of order and pros- perity that may be distinguished in the several Anglo- American democracies. Thus the effect wliich the geo- graphical 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 physical circumstances are less efficient than the laws, and the laws infinitely less so than 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 ; whilst the latter may turn to some advantage the most unfavorable positions and the worst laws. The importance of manners is a common 414 DEMOCRACY IN AMERICA. truth to which study and experience incessantly direct oui attention. It may be regarded as a central point in the range of observation, and the common termination of all my inquiries. So seriously do I insist upon this head, i;hat, if I have hitherto failed in making the reader feel the im- portant influence of the practical experience, the habits, the opinions, in short, of the manners of the Americans, upon the maintenance of their institutions, I liave failed in the principal object of my work. WHETHER LAWS AND MANNERS ARE SUFFICIENT TO MAIN- TAIN DEMOCRATIC INSTITUTIONS IN OTHER COUNTRIES BESIDES AMERICA. The Ang'o- Americans, if transported into Europe, would be obliged to modify their Laws. — Distinction to be mads between Democratic In- stitutions and American Institutions. — Democratic Laws may be con- ceived better than, or at least different from, those which the American Democracy has adopted. — The Example of America, only proves that it is possible, by the Aid of Manners and Legislatior,, to regulate De- mocracy. I HAT^ asserted that the success of democratic institu- tions in the United States is more attributable to the laws themselves, and the manners of the people, than to the nature of the country. But does it follow that the same causes would of themseVes produce the same results, if they were put in operation elsewhere ; and if the country is no adequate substitute for laws and manners, can laws and manners in their turn take the place of a country ? It will readily be understood that ihe elements of a reply to this question are wanting: other inhabitants are to be found in the New World besides the Anglo-Americans, and, as these are affected by the same physical circumstan<» ces as the latter, they may fairly be compared with them. CAUSES WHICH TEHD TO MAINTA.IN DEMOCRACY. 415 But there are no nations out of America which have adopted the same laws and manners, though destitute of the physical advantages peculiar to the Anglo-Am e/.^ons. No standard of comparison therefore exists, and we can only hazard an opinion. It appears to me, in the first place, that a careful distinc- tion 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, then* religion, and their manners, could exist without considerably altering their laws. But a"^ d emocratic nation may be imagined, organized di fferentl y from the Ame rican people. Is it then impossible to con- ceive^^jgoveri^^^^^Igl^ra the majority, bu t in which the majori^ its natural i nstinct of equa lity, should consenlt, with a \-iew to the order ^ and the stability of the state, to invpst" a feniilj nr >^ti indi- ^ddimbdtlkd.L the attributes p power ? Might not a democratic society be imagined, in which the forces of the nation would be more centralized than they are in the United States ; where the people would exercise a less direct and less irresistible influence upon public affairs, and yet every citizen, invested with certain rights, would par- ticipate, within his sphert, in the conduct of the govern- ment ? What I have seen amongst the Anglo-Americans i nduces me "to~^15eIie"ve~tKat "democratic institutions of this km^TpMently introduwd into society, so as gradually to rnGSSE^ the habits, and to be intarfused with the opin- ions o£„the people, might exist in other countries besides 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 their success w ^ / 416 DEMOCRACY IN AMERICA. in America affords no proof of the success of democratic institutions in general, in a country less favored by nature. Bu. 's the laws of America appear to me to be defective in several respects, and as 1 can readily imagine others the peculiar advantages of that country do not prove to me that democratic institutions cannot succeed in a na- tion less favored by circumstances, if ruled by better laws. If human nature were different in America from what it is elsewhere, or if the social condition of the Americans created habits and opinions amongst 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 circum- stances to restrain those propensities within due limits, the prosperity of the United States, being attributable to purely physical causes, would afford no encouragement to a peo- ple inclined to imitate their example, without sharing their natural advantages. But neither of these suppositions is borne out by facts. 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 fouYid there the demo- cratic feeling of envy expressed under a thousand different forms. I remr^ked that the people there frequently dis- played, in the conduct of affairs, a mixture of ignorance and presumption ; and I inferred that, in America, men are liable to the same failings and exposed to the same evils as amongst ourselves. But, upon examining the state CAUSES WHICH TEND TO MAINTAIN DEMOCRACY. 417 Of society more attentively, I speedily discovered that the Americans had made great and successful efforts to coun- teract these imperfections of human nature, and to correct he natural defects of democracy. Their divers l^Z^^ laws appeared to nie so many means of restraining the rest- less ambmon of the citizens within a narrow sphere, and of turning those same passions which might have worked havoc m the state, to the good of the township or the pansh. The American legislators seem to have succeeded to some extent m opposing the idea of right to the feelings of envy ; the permanence of religious morality to the con- tinual sbftmg of pontics; the experience of The people" their theoretical Ignorance; and their practical knowledge of busmess to the impatience of their desires. ^ The Americans, then, have not rehed upon the nature of their countiy to counterpoise those dangers which origi- nate m their Constitution and their political laws. To evils which are common to all democratic nations, they have applied remedies which none but themselves had ever thought of; and, although they were the first to make the experunent, they have succeeded in it. 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 laws. If other nations should borrow this general and pregnant idea from the Ameri- cans 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 or the anarchy which threatens them,- what reason is there to suppose that their efibrts would not be crowned with success ? The organization and the establishment of democracy in Christendom is the great 418 DEMOCRACY IN AMERICA. w^f maa^i^ 1 political problem of our times. The Americans, unques- tionably, have not resolved this problem, but they furnish useful data to those who undertake to resolve it. IMPORTANOE OF WHAT PRECEDES WITH BESFECrr TO THE STATE OF EUROPE. It may readily be discovered with what intention I undertook the foregoing inquiries; The question here dis- cussed is interesting not only to the United States, but to the whole world ; it concerns, not a nation only, but all mankind. If those nations whose social condition is demo- cratic could remain free only while they inhabit uncultivated regions, we must despair of the fixture 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 insufHcient to main- tain democratic institutions, what refuge would remain open to the nations, except the despotism of one man ? I am aware that there are many worthy persons at the present time who are not alarmed at tliis alternative, and who are so tired of liberty as to be glad of repose far from its storms. But these persons are ill acquainted with the haven towards which they are bound. Preoccupied by their remembrances, they judge of absolute power by what it has been, and not by what it might become in our times. If absolute power were re-established amongst the demo- cratic nations of Europe, I am persuaded that it would as- sume a n(?w form, and appear under features unknown to our fathers. There was a time in Europe when tlie 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 high courts of justice, of CAUSES WHICH TEND TO MAINTAIN DEMOCRACY. 419 cori)orations and their chartered rights, or of provincial privileges, which served to break the blows of sovereign authority, and to keep up a spirit of resistance in the na- tion. Independently of these political institutions,— which, however opposed they might be to personal hberty, served to keep alive the love of freedom in the mind, and which may be esteemed useful in this respect, - the manners and opimons of the nation confined the royal authority within barriers which were not less powerf-ul because less conspic uous. Religion, the affections of the people, the benevo- fence 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 des- potic at that time, but their manners were free. Princes had the right, but they had neither the means nor the de- sire, of doing whatever they pleased. But what now remains of those barriers which formerly arrested tyranny ? Since religion has lost its empire over the souls of men, the most prominent boundary which divided good from evil is overthrown; eveiything seems doubtful and indeterminate in the moral world ; kings and nations are guided by chance, and none can say where are the natural limits of despotism and the bounds of license Long revolutions have forever destroyed the respect which surrounded the rulers of the state; and, since they have been reheved from the burden of pubhc esteem, princes may henceforward surrender themselves without fear to tiie intoxication of arbitrary power. When kings find that the hearts of their subjects are turned towards them, they are clement, because they are conscious of their strength ; and they are chary of the aiiection of their people, because the affection of their people is the bulwark of the thvone. A mutual inter- change of good-will then takes ,• v, between the prince ■-'if! ; li.. I i J ' 420 DEMOCRACY IN AMERICA. and the people, which resembles the gracious intercourse of domestic life. The subjects may murmur at the sover- eign's decree, but they are grieved to displease him ; and the sovereign chastises his subjects with the light hand of parental aifection. But when once the spell of royalty is broken in the tumult of revolution, — when successive monarchs have crossed the throne, so as alternately to display to the peo- ple the weakness of their right, and the harshness of their 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 is weak, he is despised ; if he is strong, he is detested. He is himself ftdl of animosity and alarm ; he finds that he is a stranger in his own country, and he treats his sub- jects like conquered enemies. When the provinces and the towns formed so many dif- ferent 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 even their names, have become accustomed to obey the same laws, it is not more difficult to oppress them all together than it was formerly to oppress one of them separately. Whilst the nobles enjoyed their power, and indeed long after that power was lost, the honor of aristocracy con- ferred an extraordinary degree of force upon their personal opposition. Men could then be found who, notwithstand- ing their weakness, still entertained a high opinion of their personal value, and dared to cope single-handed with the public authority. But at the present day, when all ranks are more and more confounded, — when the individual dis- appears in the throng, and is easily lost in the midst of a common obscurity, when the honor of monarchy has almost lost its power, without being succeeded by virtue. CAUSES WHICH TEND TO MAINTAIN DEMOCRACY. 421 and when nothing can enable man to rise above himself, - who shdl say at what point the exigencies of power and the servility of weakness will stop ? 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 felt hmiself sustained by his ancestors, and animated by his posterity. But when patrimonial estates are divided, and when a few years suf- fice to confound the distinctions of race, where can family feeling be found ? What force can there be in the custom^ of a country which has changed, and is stHl perpetuaUy changing, its aspect, -in which every act of tyranny al- ready 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 nov- elty can prevent it from being done? What resistance can be offered by manners of so pHant a make that they have ah-eady often yielded ? What strength can even pubhc 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 insti- tution, has the power of representing or exerting that opm- ion,-and when every citizen, being equally weak, equaUy poor, and equaUy isolated, has only his personal impotence to oppose to the organized force of the government? The annals of France furnish nothing analogous to the condition m which that countiy 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 nianners of the people were corrupted, their traditions obliterated, their habits destroyed, their opinions shaken, and freedom, expelled from the laws, could find no refuse m the land ; when nothing protected the citizens, and the citizens no longer protected themselves; when human &"•' 422 DEMOCRACY IN AMERICA. i natm'e was the sport of man, and princes weai'ied out the clemency of Heaven before they exhausted the patience of their subjects. Those who hope to revive the mon- archy 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 be- lieve that they will soon be left with no other alternative than democratic liberty or the tyranny of the Caesars. Is not this deserving of consideration ? If men must really come to this point, that they are to be entirely emancipated or entirely enslaved, — all their rights to be made equal, or all to be taken away from them ; if the rulers of society were compelled either gradually to raise the crowd to their own level, or to allow all the citizens to fall below that of humanity, — would not the doubts of many be resolved, the consciences of many be con- firmed, and the community prepared to make great sac- rifices 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 pre- serving 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. It is difficult to make the people participate in the gov- ernment ; but it is still more difficult to supply them with experience, and to inspire them with the feelings which they need in order to govern well. I grant that the wishes of the democracy are capricious, its instruments rude, its laws imperfect. But, if it were true that soon no just medium would exist between the rule of democ- racy and the dominion of a single man, should we not rather incline towards 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 a despot ? CAUSKS WmCH TEND TO MAINTAIN DEMOCRACY. 423 Those who, after having read this book, should imagine that my intention in writing it was to propose the laws and manners of the Anglo-Americans for the imitation of all democratic communities, would make a great mistake ; they must have paid more attention to the form than to the substance of my thought. My aim has been to show, by the example of America, that laws, and especially man- ners, may 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 this end ; for I am well aware of the influence which the nature of a country and its political antecedents exercise upon its poUtical consti- tution ; and I should regard it as a great misfortune for mankind if liberty were to exist all over the world under the same features. But I am of opinion that, if we do not succeed in gradu- ally introducing democratic institutions into France ; if we despair of imparting to all the citizens those ideas and sen- timents which first prepare them for freedom, and after- wards allow them to enjoy it, — there will be no indepen- dence 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 dominion of the majority be not founded amongst us in time, we shall sooner or later fall under the unlimited authority nf a single man. I I I 424 DEMOCRACY IN AMERICA- CHAPTER XVIII. mi THE PRESENT AND PROBABLE FUTURE CONDITION OF THE THREE RACES WHICH INHABIT THE TERRITORY OF THE UNITED STATES. THE principal task which I had imposed upon myself is now performed : I have shown, as far as I was able, the laws and the manners of the American democracy. Here I might stop ; but the reader would perhaps feel that I had not satisfied his expectations. An absolute and immense democracy is not all that we find 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 had time to stop in order to show what place these two races occupy in the midst of the democratic people whom I was engao-ed in describing. I have shown in what spirit and according to what laws the Anglo-American Union was formed ; but I could give only a hurried and imperfect glance at the dangers which menace that confederation, and could not furnish a detailed account of its chances of duration in- dependently of its laws and manners. When speaking of the united republics, 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 in- quire into the future of the Americans as a commercial people. THE THBKE KACES IN THE UNITED STATES. 425 These topics arc collaterally connected with my snbicct without forming a part of it; they are American, without being democratic ; and to portray democracy has been my pnncpal aim. It was therefore necessary to postpone these questions, which I now take up as the proper termi- nation of my work. ^ The territory now occupied or claimed by the American Umon spreads from the shores of the Atlantic to those of those of the contment itself. On the south, it advances nearly to the Tropics, and it extends upward to the icy regions of the North. ^ The human beings who are scattered over this space do „T\ "^u^' '" ^"'^P'' '"^ "^^"^ ^^«h^« «f the same 8 ock Three races, naturally distinct, and, I might almost say, hostile to each other, are discoverable amongst them at the first glance. Almost insurmountable barriers had been raised between them by education and law, as well as by their on^n and outward characteristics; but fortune h^ brought them together on the same soil, where, although they are mixed, they do not amalgamate, and each i^ce tumis its destiny apart. Amongst these widely differing famihes of men, the first which attract attention -- the superior in intelligence, in power, and m enjoyment -is the White, or European, the MAN preeminently so called ; below him appear the Negro and the Indian. These two unhappy races have nothing m common neither birth, nor features, nor language, no? habits. Their only resemblance lies in their misfortunes, iioth of them occupy an equally inferior position in the country they inhabit; both suffer from tyranny; and if their wrongs are not the same, they originate from the same authors. If we reasoned from what passes in the world, we should If,, , iHSi I M 420 DKMOCRACY IN AMERICA almost say tliat the European is to the other races of man kind what man himself 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 even the remembrance of his country ; the language whicli his forefathers spoke is never heard around him ; he ab- jured 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, isolated between two races ; 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. The Negro has no family: woman is merely the tem- porary companion of his pleasures, and his children are on 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 insen- sible to his extreme wretchedness, and almost obtains a depraved taste for the cause of his misfortunes ? The Negi'o, 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. The Negro enters upon slavery as soon as he is bom ; nay, he may have been purchased in the womb, and Iiave begun his slavery before he began his existence. Equally devoid of wants und of enjoyment, and useless to himself, he learns, mth his first notions of existence, that he is the l.:(- THE THREE RACES IN THE UNITED STATES. 427 property of another, who has an interest ui 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 all the privileges of his debasement. 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 unacquainted with her dictates to obey them. A thousand new desires beset him, and he has not th ' knowledge and energy necessary to resist them : these a.ro masters wliich it is necessary to contend with, and he has learnt only to submit and obey. In short, he is sunk to such a depth of wretchedness, that, while servitude bru- talizes, liberty destroys him. Oppression has been no less fatal to the Indian than to the Negro race, but its effects are different. Before the arrival of white men in the New World, the inhab- itants of North America lived quietly in their woods, en- during the vicissitudes and practising the virtues and vices common to savage nations. The Europeans, having dis- persed the Indian tribes and driven them into the deserts, condemned them to a wandering life, full of inexpressible sufferinjis. Savage nations are only controlled by opinion and cus- tom. When the North American Indians had lost the sentiment of attachment to their country ; when their fami- lies were dispersed, their traditions obscured, and the chain of their recollections broken ; when all their habits were clianged, 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 428 DEMOCRACY IN AMERICA. able to change the character of the Indians ; and, though they have had power to destroy, they have never been able to subdue and civilize them. The lot of the Negro is placed on the extreme limit of servitude, while that of the Indian lies on the utter- most verge of liberty ; ^nd slavery does not produce more fatal effects upon thf; first, than independence upon the second. The Negro has lost all property in his own person, and he caimot dispose of his existence without committing a sort of fr^ud. 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, no^ 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 fi'om all the shackles of society. As he delights in this barbarous independence, and would rather perish than sacrifice the least part of it, civilization has little hold over him. The Negro makes a thousand fruitless efforts to insinuate himself amongst men who repulse him ; he conforms to the tastes of his oppressors, adopts their opinions, and hopes by imitating them to form a part of theu* community. Hav- ing 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. 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 repels every advance to civilization, less, perhaps, from hatred of it, than from THE THREE RACES IN THE UNITED STATES. 429 a dread of resembling the Europeans.* While he haa nothing to oppose to our perfection in the arts but the resources of the desert, to our tactics nothing but undisci- plined courage, -whilst our well-digested plans are met only by the spontaneous instincts of savage life, — who can wonder if he fails in this unequal contest ? The Negro, who earnestly desires to mingle his race with that of the European, cannot do so ; while the In- dian, who might succeed to a certain extent, disdain- to make the attempt. The servility of the one dooms him to slavery, the pride of the other to death. I remember that, while I was travelling through the forests which stOl cover the State of Alabama, I arrived * The native of No .n America retains his opinions and the most insig- mficant of his habitr with a degree of tenacity which has no paraUel in history. For mor. than two hmidred years, the wandering tribes of North America hare had daily intercourse with the whites, and they have never derived from them a custom or an idea. Yet the Europeans have exercised a powerful mfluence over the savages : they have made them more licen- tious but not more European. In the summer of 1831, I happened to be beyond Lake Michigan, at a place caUed Green-Bay, which serves as the extreme frontier between the United States and the Indians of the North- west. Here 1 became acquainted with an American officer, Major H. who after talking to me at length about the inflexibility of the Indian character! elated the following fact: ^a formerly knew a young Indian," said he who had been educated at a college in New England, where he had greatl^ distinguished himself, and had acquired the external appearance of a civU- ized man. When the war broke out between ourselves and the English in 1812 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 amongst the ranks of the Americans, on condition only 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 mm what had been Ws fortune that day : ho r'^hUd 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 h« body and his shirt, the skin and hair of an English head. stiU dripping with liliiiji ii .1' L I < 430 DEMOCRACY IN AMERICA. one day at the log-house of a pioneer. I did not wish ta 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 that necklace of shells which the bride always deposits on the nuptial couch. The Negress was clad in squalid European garments. 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 atten- tion 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. The Negress was seated on the ground before her mistress, watching her smallest desires, and apparently divided between an almost maternal affec- tion for the child and servile fear ; whilst the savage dis- played, in the midst of her tenderness, an air of freedom and pride which was almost ferocious. I had approached the group, and was contemplating them in silence ; but my curiosity was probably displeasing to the Indian wo- man, for she suddenly rose, pushed the child roughly from her, and, giving me an angry look, plunged into the thicket. I had often chanced to see individuals together in the if«'i. ':h •-1 ■'■i>-*rf^^' PRESENT AND FUTURE CONDITION OF THE INDIANS. 431 saine place, who belonged to the three races which people North America. I had perceived from many diflPerent traits the preponderance of the whites. But in the pic- ture which I have just been describing, there was some- thmg peculiarly touching; a bond of affection here united tne 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 the laws. wS^ ii|fl'!|'!ll'l||| THE PRESENT AND PROBABLE FUTURE CONDITION OF THE INDIAN TRIBES WHICH INHABIT THE TERRITORY POS- SESSED BY THE UNION. 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 Destruc tion, War or Civilization. - 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. — In- stance of the Creeks and Cherokees. - Policy of the particular States towards these Indians. — Policy of the Federal Government. None of the Indian tribes which formerly inhabited the territory of New England — the Narragansetts, the Mo- hicans, the Pequods — have any existence but in the rec- ollection 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 sea-coast; 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 wfld tribes receded, but they are destroyed;* and as they • In the thirteen original States, there are only 6,273 Indians remaining. 432 DEMOCRACY IN AMERICA. give way or perish, an immense and increasing people fill their place. There is no instance upon record of so oro- digious a growth or so rapid a destruction : the manner in which the latter change takes place is not difficult to describe. When the Indians were the sole inhabitants of the wilds whence they have since 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 skins of animals, whose flesh furnished them with food. The Europeans introduced amongst the savages of North America fire-arms, ardent spirits, and iron: they taught them to exchange for manufactured stuffs the rough gar- ments which had previously satisfied their untutored sim- plicity. 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 to satisfy the frivolous desires of Europeans. He no longer hunted merely to obtain food, but to procure the only objects of barter which he could offer.* Whilst the wants of the natives were thus increas- ing, their resources continued to diminish. * Messrs. Claxke and Cass, in their report to Congress, the 4th of Feb- ruary, 1829, p. 23, remarked : "The time when the Indians generally could supply themselves with food and clothing, without any of the articles of civ- ilized 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 with- out 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 musk-rat, etc. — principally minister to the comfort and support of the PRESENT AND FUTTOE CONDITION OF THE INDIANS. 433 From the moment when a European settlement i, formed n, the ne.ghborhood of the territory occupied by the Indmns, the beasts of chase take the alarm.. Thou^ ranvl?rr'„™""iM"« " ""^ ^'"^''' =•"<• destitute o any fixed dwellmg, d,d not disturb them; but as soon as the contmuous sounds of European labor are heard in h ,r ne,ghborhood they begin to flee away, and retire o HII J^'/ *^- -nstinct teaches them that they will stiJl find deserts of immeasurable extent. "The buffalo .s constantly recedmg," say Messrs. Clarke and Casft the,r Report of the year 1829; "a few yeai^ since thev approached the base of the AUeghany; Li a few yeZ hence they may even be rare upon the immenslpki,^ wh.ch extend to the base of the Rocky Mountain^' have been assured that this effect of the approach of the whiter IS often felt at two hundred leagues' distance from their frontier Their influence is thus exerted over tri^ whose name ,s unknown to them; and who suffer the e^ Among the Nonhwestem Mians, particnlarlv iha l.w. J , a family with food U excess!™ nL\^J ■ °' supplying • "Kve year, ago," »,ys Volney in his Taileau des jSlals-Uni, p 3:0 28 m ii; h h 4! '^'iHil 434 DEMOCRACY IN AMERICA. m of usurpation long before they are acquainted with the authors of their distress.* Bold adventurers soon penetrate into the country the [ndians 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 beino-s in the midst of the wilderness. This is done without dif- ficulty, 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 con- cerned in protecting any part of it. A few European families, occupying points very remote 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 procm-e the articles of barter which they stand in need of To drive away their game has the same effect as to render sterile the fields of our agriculturists ; deprived of the means of sub- sistence, they are reduced, like famished wolves, to prowl through the foi aken woods in quest of prey. Their in- stinctive love of country attaches them to the soil which gave them birth,t even after it has ceased to yield anything * 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 in the centre of America are rapidly de- creasing, although the Europeans are still at a considerable distance from them. t " The Indians," say Messrs. Clarke and Cass, in their Report to Con- gress, 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 thfl tirst answer to a proposition for a sale." PRESENT AND FUTOTE CONDITION OF THE INDIANS. 435 but miseiy and death. At length, they are compelled to cq„,esee and depart: they folL the'traces o7the elt the bnffao, and the beaver, and a,^ guided by these wild an,mals ,n the choiee of their future country^ PropI w peakmg, therefor., it is „„t the Europeans who drfv Tay the natives of America; it is famine- » !,.„ T.*?"'' tion, which had escaped' the casS ^ToLt^m tTd for which we are indebted to modem discover - It IS .mpossible to conceive the frightfol sufferings which po^e i;rd 1 ""'^''''"^- "^'-^^ "- -d-takentya Cither tribes"77'" "^^^^ "'^■»^*- -« ^^^^^ ^ other trbes,wh.ch receive them with jealous hostility Hunger is .„ the rear, war awaits them, and misery be^te them on all s.des. To escape from so many enemfes they eparate, and each individual endeavor, to procure S=reZ vmg ,„ the .mmensity of the desert like an outcSt in civ Jized society. The social tie, which distress had long "in^ -akened,is then dissolved; they have no longer a" are obhterated ; their common name is forgotten ; their language perishes ; and all traces of their o4n disapplr! of tIT„r • "rf '" ^"''' ''''^' ™ thf recoUectio^ Europe ^"'^"' '™'' ""'' " ^"'^ "^ *« '<^''™«d of I should be sorry to have my reader suppose that I am oolonng the picture too highly: I saw with my own eZ many of the miseries which I have just described, and wis .lie wnness of sufferings which I have not the ^ower" bnnt 'fT^f **" ^"^ ^^^^' "^^^ I "^ ™ the left bank of the Mississippi, at a place named by Europeans Memphis, there arrived a numerous band of Choctaw^s (o Chactas, as they are called by the French in Louisiana). iiiPfP '•Hil I! 436 DEMOCRACY IN AMERICA. i lp'° These savages had left their country, and were endeavor ing 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 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 bom, and old men upon the verge of death. They possessed neither tents nor wagons, but only their arms and some provisions. I saw them em- bark to pass the mighty river, and never will that solemn spectacle fade from my remembrance. No cry, no sob, was heard amongst 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 per- ceived 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, swam after the boat. The ejectment of the Indians 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 gov- ernment of the United States usually sends forward en- voys, who assemble the Indians in a large plain, and, having first eaten and drunk with them, address them thus : " 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 moun- tains which you see at the horizon, beyond the lake which PRESENT AND FUTURE CONDITION OF THE INDIANS. 437 bounds your territory on the west, there lie vast coun- tries where beasts of chase are yet found in great abun- dance; seU us your lands, then, and go to live happily in those solitudes." After holding this language, they spread before the eyes of the Indians fire-arms, wooUen garments, kegs of brandy, glass necklaces, bracelets of tinsel ear-rings, and looking-glasses.* If, when they have beheld all these riches, they still hesitate, it is insinuated that they cannot refuse the 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 peace. In this manner do the Americans obtain, at a very low price, whole provinces, Thase t * ««^ereigns of Europe could not pur- tiv! ?\'°. f! ^f ^*^"« Documents of Congress (Doc. 117). the narra- ive of what takes place on these occasions. This curious passage is from the formerly mentioned Report, made to Congress by Mess«. Clarke and Cass, m February, 1829. "The Indians," says the Report, "reach the tr^ty-ground poor, and al- most naked Large quantities of goods are taken there by the traders, and are seen and examined by the Indians. The women and children blme raportunate to have their wants supplied, and their influence is soon exerted to mduce a sak. 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 disregard- ed. 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 condmon and circumstances are fairly considered, it ought not to surprise us tiiat they are so anxious to relieve themselves." t On the 19th of May, 1830, Mr. Edward Everett affirmed before the Hou.e of Representatives, that tlie Americans had already acquired hy treat,, to the east and west of the Mississippi, 230.000,000 of acres. In 1808 the L.T«T/rn''''"'''°°''"'' ^°^ "" ^""""^ P^^-*«f 1,000 doiars. lii 1818, the Quapaws yielded up 20,000.000 acres for 4,000 dollars. They ?|. |liilf'"^il|l|| I 1 Miiii 1 1 438 DEMOCRACY IN AMERICA. These are great evils ; and it must be added that th(iy 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 have ceased to exist.* The Indians had only the alter- native of war or civilization ; in other words, they must either destroy the Europeans or become their equals. At the first settlement of the colonies, they might have found it possible, by uniting their forces, to deliver them- selves from the small bodies of strangers who landed on their continent.! They several times attempted to do it, reserved for themselves a territory of 1,000,000 acres for a hunting-ground. A solemn oath was taken that it should be respected : bat before long it was invaded like the rest. Mr. Bell, in his " Report of the Committee on Indian Aflairs," February 24, 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 per- ceptible degree, the prosperity of any of the States." (Legislative Docu- ments, 21st Congress, No. 227, p. 6). * This seems, indeed, to be the opinion of almost all American states- men. "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." t Amongst other warUk? enterprises, there was one of the Wampanoags, ■i i PRESENT AND FUTURE CONDITION OF THE INDIANS. 439 and were on the point of succeeding; but the dispropor- ^on o their resources at the present day, when compared will those of the whites, is too great to allow such an enterpnse to be thought of. But from time to time among the Indians, men of sagacity and energy foresee the fin^ destiny which awaits the native Population, and exert themselves to unite all the tribes in common hostility to the Europeans ; but their efforts are unavailing. The tribes which are in the neighborhood of the whites are too much weakened to offer an effectual resistance ; whilst 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, others are unwilling, to act. It is easy to foresee that the Indians will never civilize themselves, or that it will be too late when they may be mclmed to make the experiment. Civilization is the result of a long social process, which takes place m 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 civiUzation with the most difficulty who habitually live by the chase. Pastoral tnbes, indeed, often change their place of abode; but they follow a regular order in their migrations, and often return to their old stations, whilst the dwelling of the hunter varies with that of the animals he pursues. Several attempts have been made to diffuse knowledge amongst the Indians, leaving unchecked their wanderit propensities, by the Jesuits in Canada, and by the Puritans m New England ; * but none of these endeavors have been and other confederate tribes, under Metacom, in 1675. against the colonist gLllTnfe?^'^ ^he English were also engaged in wl^ with them in vt hv*of ', *^' '"''""'"' '^ ^'^ ^"^'^"^' '^'^ ^^°'>« de la Nouvelle France by Charlevoix and the work entitled Lettres MJiantes. ' 440 DEMOCRACY IN AMERICA. crowiKjd hv any lasting success. Civilization began in the cabin, but soon retired to expire in the woods. The great error of these legislators of the Indians was their not un- derstanding that, in order to succeed in civilizing a people, It is first necessary to fix them, which cannot be done with- out inducing them 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 pre- liminary to civilization, — they would even have great dif- ficulty in acquiring it. Men who have once abandoned themselves to the restless and adventurous life of the hunter feel an insurmoimtable disgust for the constant and regular labor which tillage requires. We see this proved even in our own societies ; but it is far more visible among races whose partiality for the chase is a part of their national character. 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 contends against civilization as obstinately as their indolence.* There is no Indian so wretched as not to retain under his hut of bark a lofty idea of his personal worth ; he con- siders the cares of industry as degrading occupations ; he compares the husbandman to the ox which traces the fur- row ; and in each of our handicrafts, he can see only 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 con- * "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 glory." RESENT AND FUTURE CONDITION OF THE INDIANS. 44J tomns tl,o means by which wo obtain it ,• anl"/ r-"7" '^" resemblance which exists between and the wandenng tnbes of North America, - between the customs described by Tacitus, and those of whilh? have so„,etimes been a witness, -I cannot help thinking that the same cause has brought about the same results if both hemispheres; and that, in the midst of the apparen" * The following description occurs in an official document- "Until a of valor, he gains no consideration, but is regarded nearly as a woman In thir great war-dances, aU the warriors in succession strike the Z7Z it 's caUed and recount their exploits. On these occasions, their autC o" sists of the kinsmen, friends, and comrades of the narrator. TheTrlund nnpression which his discourse produces on them is manifested y thT,e„t attention it receives, and by the loud shouts which hail its terminadon The young man who finds himself at such a meeting without any hing JZ count IS very unhappy; and instances have sometimes occurred of yl" warriors, whose passions had been thus inflamed, quitting the war dZ suddenly, and going off alone to seek for trophies which they might extu'u and adventmres which they might bo allowed to relate." A, h f k 1 442 DEMOCRACY I>T AMERICA. diversity of human aifairs, certain primary facts may be discovered, from which all the others are derived. In what we usually call the German institutions, then, I am inclined to perceive only barbarian habits, and the opinions of savages in what we style feudal principles. However strongly the vices and prejudices of the North American Indians may be opposed to their becoming agri- cultural and civilized, necessity sometimes drives them to it. Several of the Southern tribes, considerably numerous, and amongst others the Cherokees and the Creeks,* found themselves, as it were, surrounded by Europeans, who had landed on the shores of the Atlantic, and, either descend- ing the Ohio, or proceeding up the Mississippi, arrived simultaneously upon their borders. These tribes had not been driven from place to place, like their Northern breth- ren ; but they had been gradually shut up within n^ -»w limits, hke game driven into an enclosure before the hunts- men plunge among them. The Indians, who were thus placed between civilization and death, found themselves obliged to live ignominiously by 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. The Cherokees went further; they created a written * These nations are now swallowed up in the States of Georgia, Tennes- see, 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-Amer- ican Union about 300,000 Indians. (See "Proceedings of the Indian Board in the City of New York.") The oflBcial 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 have just referred ta (Legislative Documents, 20th Congress, No. 117, pp. 90-105.) PRESENT AND FUTURE CONDITION OF THE INDIANS. 443 language, established a permanent form of government, and, as everything proceeds rapidly in the New World before they all of them had clothes, they set up a news-' paper.* ^ The development of European habits has been much accelerated among these Indians by the mixed race which has sprung up.f Deriving intelligence from the father's side without entirely losing the savage customs of the mother, the half-blood forms the natural link between civilization and barbarism. Wherever this race has mul- tiphed, the savage state has become modified, and a great change has taken place in the manners of the people.J nJ 2?7' "sf.f '"' "' f ?™""^^ '"^ ^^'^'^ ^ff-«' 21st Congress. .L^:Z'^' I """"Z"" ''' '^»^*^P"^-t'o° of Indians of mixed blood among the Cherokees. The principal cans, dates from the War of Inde- Zlanr ^Y,-"^/"^"'™ ^'^°^^*' ''^-"^ '^^^- the side of England were oWiged to retreat among the Indians, wher« they married. in N^nhT "^'^ f "'' '"'' ^"^ "^"^ '''' °'^°^«™"« ^°1 !««« influential 1 r , .T"" '' '"^ "°^ '*'•''■ ^*'"'^*^^- '^h« ^«ri<=-n continent was peopled by two great nations of Europe, the French and the English The former wer« not slow in connecting themselves with the daughters of ac erTnrth ' "" '"^ °°'°'^°^*^ ^"^^^ ^«*--° ^^^ I°<^an char- aeter and then- own : mstead of giving the tastes and habits of civilized life to the savages, the French too often grew passionately fond of Indian life. They became the most dangerous inhabitants of the d.-ert, and won the fnendslnp of the Indian by exaggerating his vices and Hs v^^rtues. M. de Senonvme, the Governor of Canada, wrote cnus to Louis XIV. in 1685 It ha^ long been believed that, in order to civilize the savages, we ought to ^aw 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 be- come French, and the French who have lived among them are changed into ^vages. affectmg to dress and live like them." (<« Histor, of New France." by Charievoix, Vol. II. p. 345.) The Englishman, on the contrary, co^- tinmng obstmately attached to the customs and the most insignificanThabita of hs forefathers has remained in the midst of the American solitudes just hat he was m the bosom of European cities ; he would not aUow of any commnmcafon with savages whom he despised, and avoided with ca,e the 1 1 'I 444 DEMOCRACY IN AMERICA. '";J The success of the Cherokees proves that the Indiana are capable of civilization, but it does not prove that they will succeed in it. This difficulty which the Indians find in submitting to civilization proceeds from a general cause, the influence, of which it is almost impossible for them to escape. An attentive survey of history demonstrates that, in general, barbarous nations have raised themselves to civilization by degrees, and by their own efforts. When- ever they derived knowledge from a foreign people, they stood towards them in the relation of conquerors, and not of a conquered nation. When the conquered nation is enlightened, and the conquerors are half savage, as in the invasion of the Roman empire by the Northern nations, or that of China by the Mongols, 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 intel- lectual superiority, the conquered party seldom become 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 do not receive it when it comes to them. 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, anion of his race with theirs. Thus, while the French exercised no salutar;? influence over the Indians, the English have always remained alien froro them. PRESENT AND FUTURE CONDI HON OF THE INDIANS. 445 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 indepen- dence, at least to assert their right to the soil, and to uicorporate themselves with the conquerors. But it is the misfortune of Indians to be brought into contact with a civihzed people, who are also (it must be owned) the most gi-asping nation on the globe, whUst they are still semi-barbarian ; to find their masters in their instructors, and to receive knowledge and oppression at once. Living in the freedom of the woods, the North American Indian was destitute, but he had no feeling of inferiority towards wiy one ; as soon, however, as he desires to penetrate into the social scale of the whites, he can only take 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,* he is obliged to submit * 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 rea- son and experience. This is plainly shown by the " Memoirs of Tanner "' Tanner wa. a European who was carried away at the age of six by the In- dians. and remained tlnrty years with them in the woods. Nothing can be conceived more appalling than the miseries which he describes. He teUs us of tribes without a chief, families without a nation to caU their own, men in a state of isolation, wrecks of powerful tribes wandering at random amid the ice and snow and desolate soUtudes of Canada. Hunger and cold :rsno ^cm; every day their life is in jeopardy. Amongst these men, manners ha^e 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 ^^atnessed their enjoyments ; he knew that whenever he chose to return tcl cmhzed hfe, he was perfectly able to do so, -and he remained thirty years in the deserts. When he came into civilized society, he declared thai the rude existence, the miseries of which he described, had a secret charm for him which he could not define: he returned to it again and again j at length ^e abandoned n with poignant regret ; and when he was at length fix,^ r ■ ■ 1 n t< 1 i I- pi i '- 1 I p Biiii li ' ;|i Hi 1^ 1 * ii : ii I. 446 DEMOCRACY IN AMERICA. to a wearisome, obscure, and degraded state. To ^-aiu the bread which nourishes him by hard and ignoble labor, this is in his eyes the only result of which civilization can boast ; and even this he is not always sure to obtain. When the Indians undertake to imitate their European neighbors, and to till the earth like them, they are imme- diately exposed to a 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. The European is placed amongst a population whose wants he knows and partakes. The savage is isolated in the midst of a hostile people, with whose manners, lan- guage, 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 for the goods of the European, for the assistance of liis country- men is wholly insufficient to supply his wants. Thus, when the Indian wishes to sell the produce of his labor, he cannot always find a purchaser, whilst the European readily obtains a market ; the former can only produce at considerable cost what the latter sells at a low rate. Thus the Indian has no sooner escaped those evils to which bar- barous 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 forest. 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 me 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, the vices, and, above all, the destitution, in the midst of which he lived. '■'•"•■ ■ »'•- "l PRESENT Am FUTURE CONDITION OF THE INDIANS 447 whitP, nffi. i,- " *® ^^^^ once more. The with diffipiiltv Ti.- wnence he obtains sustenance them; and ho quita the plough, resLes hi, nZ!lZ7 and return, to the wilderness forever.. The eoutoioTof in the middle of the desen !^H * "T" ?'7""^™= "P°" ">" WabaA, their compeddon, and .>l>>r.^°J,^'Z^ T"^' '"««"'» ^ At tfie time when M de V„l„„ ft u ^^ " ' ^"7 '»" "*. through yincenlT'th IlZ X'^"' •~"°" *- '>«^". ^ individuals, mo., of whom 3 1,uwf^^ ™ """ '" * '^^ .1. These IVnch serrsZ tl" plftnt'^df""'?"' " ^ ^"°- the, had contracted m«., of the hahtoZ™^"* " The°l"r"""t ^ «d accustomed to-i^^S -IlZuHir"- '™" '"'"""'^ '"^ But the c«e of Te«s i. sUII more striking, the St«e of Te^tas „ . p.„ iK'fli \t 1 1 i J''' I !p II § liiiii!i^ 448 DEMOCRACY IN AMERICA. m :. i tlie Creeks and Cherokees, to which I have already alluded, sufficiently corroborates the truth of this sad picture. The Indians, in the little which they have done, have un- questionably displayed as much natural genius as the peo- ples of Europe in their greatest undertakings ; but nations as well as men require time to learn, whatever may be their intelligence and their zeal. Whilst the savages were endeavoring to civilize themselves, the Europeans contin- ued to surround them on every side, and to confine them within narrower limits ; the two races gradually met, and they are now in immediate contact with each other. The Indian is already superior to his barbarous parent, but he is still far below his white neighbor. With their resour- ces and acquired knowledge, the Europeans soon appro- priated to themselves most of the advantages which the natives might have derived from the possession of the soil : they have settled among them, have purchased land at a low rate, or have occupied it by force, and the Indians have been ruined by a competition which they had not the means of sustaining. They were isolated in their own country, and their race only constituted a little colony of troublesome strangers in the midst of a numerous and dominant people.* of Mexico, and is 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 origi- nal population. It may easily be foreseen, that, if Mexico takes no steps to check this change, the province of Texas will very shortly ceaae to belong to that government. If the different degrees — comparatively slight — which exist in Euro- pean civilization produce results of such magnitude, it is easy to understand what must happen when the most perfect European civilization comes in contact with Indian barbarism. * See in the Legislative Docimients (2lBt 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 r«ESENT AND FUIUBE CONDITION OF THE INDIANS. 449 Waahington said, in one of his messages to Congress -We a« more enlightened and more powerfol th^e rndian nations , we are therefore bound'in honlr " them with lundness, and even with generosity " ZtT "Ttuous and high-minded pohcy hS noTtn iL^' t^nnTof ^th *' ""■'" '^ "'"""y I-W "r^ IT^^^ government. Although the Cherokee «.e Americans' have ^LX:IZ'^' ^LT:t, foreign nations, the suironnding State, have not Ln Zm .ng to acknowledge them as an independent people and have undertaken to subject these chiMren of the woclds to t^ tT,"^ magistmtes, laws, and customs.. Stfr .her .emwt, „p„„ fte attempt of the State of (L^fT . , i^ ° '^'" d«7 line for the co^rj of the Chemk« ,hl ^r ^ * " '"°- in 1830 the State of Mississippi assimilated the Choetaws and Phv-v nical«d to them the inZTT'f K . "^' '^'''^ "'"^^ *=^™""»- 29 9, I $m\i ■ M 450 DEMOCRACY IN AMERICA. 4 of them abandon tlie soil which they liad begun to clear, and return to the habits of savage life. If we consider the tyrannical measures which have been adopted by the legislatures of the Southern States, the con- duct 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 all the efforts of their policy are directed. The Americans of that part of the Union look with jealousy upon the lands which the natives still possess ; * they are aware that these tribes have not yet lost the traditions of savage life, and before civilization has permanently fixed them to the soil, it is intended to force them to depart by reducing them to despair. The Creeks and Cherokees, oppressed by the several States, have ap- pealed 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 has guaranteejd to them.f But the several States oppose so formidable a resistance to the execution of this design, that the government is obliged to consent to the ex- tirpation of a few barbarous tribes, already half destroyed, in order not to endanger the safety of the American Union. But the Federal government, which is not able to pro- tect the Indians, would fain mitigate the hardships of their lot ; and, with this intention, it has undertaken to trans- port them into remote regions at the public cost. * The Georgians, who are so much troubled by tlie proximity of the In- dians, inliabit a territory which does not at present contain more than seven inhabitants to the sqtiare mile. In France, there are one hundred and sixty- two inhabitants to the same extent of country. t In 1818, Congress appointed commissioners to visit the Arkansas ter- ritory, 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. PRESENT AND FUTURE CONDITION OF TIIE INDIANS. 451 Between the 33<1 and 37ti, degrees of north latitude, a vast tract o, country lies, which has. taken the name of Arkansas, from the principal river that waters it. It is bounded on the one side by tlie confines of Mexico on the other by the Mississippi. Numberless stream rlitt every d,,.ct,o„; the climate is mild, and the soil produ " t.ve, and n is inhabited only by a fe^ wandering'^hordl tllT:,- . t ^°™"""™' "f "'^ Union wishes to ..on of the South to the portion of this country which .nearest to Mexico, and at a great distance from he American settlements. We were assured, towards the end of the year 1831 .hat 10,000 Indians had already gone to the sh^of the Arkansas, and fresh detachments were constantly follow- .ng them. But Congress has been unable to create a unan .mous detemmation in those whom it is disposed to protect. Some, mdeed, joyfully consent to quit the seat of oppr^t sion ; but the most enlightene m^ of «mnt«T»pted po«<, if ,hey would remove beyond the Mi„h,i„„T • To obWo . correct a^ „f ,^ p.,, ^^ 1.0 U„,oo wth respect ,o the todiao.. it i. nece.B.r3r ^ consalt, - uH m U^ or t^Co o„i., .„d Sfte Governments ™,lg to the indi; In": tant,. (See the Log»tat,ve Document,, 2l„ Cong™,, No. 319.) 2d H , T« i. ^' "^"' "' *» United State,.") sd. "The * December 18th, 1829. f ll r-iE'i •' W'l m ;.:l|Jijll ' |: I ' ■I 464 DEMOCRACY IN AMERICA. the red man of America. Shall we, who are remnants, share the same fate ? " The land on which we stand we have received as an inheritance from our fathers, who possessed it from tinif immemorial, as a gift from our common Father in Ilcaveii. They bequeathed it to us as their children, and we liavo sacredly kept it, as containing the remains of our belovetl men. This right of inheritance we have never ceded, nor ever forfeited. Permit us to ask, what better rijilit 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 this is said gratuitously. At what time have we made the forfeit? What great crime have we committed, whereby we must forever 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 of peace between the United States and our beloved men ? Why Avas 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 late war, declare them to be but tenants at will, to be removed when the conven- ience of the States within whose chartered limits they live shall require it'? That was the proper '^'me 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." Such is the language of the Indians: what they say is true ; what they foresee seems inevitable. From which- ever side we consider the destinies of the aborigines of North America, their calamities appear irremediable : if they continue barbarous, they are forced to retire ; if they PRESENT ,^D FUTURE CONDITION OF THE INDIANS. 465 attempt to civilize themselves, the contact of a more ciV- Uized community subjects them to oppression and destitu- tion. They perish if they continue to wander from waste to waste, and if they attempt to settle, they still must per- ihJ». 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 ato to change them when at last they are constrain*..! to submit. The Spaniards pursued the Indians with blood-hounds, like wild beasts ; they sacked the New World hke a city token by storm, with no discernment or compassion ; but desti-uction must cease at last, and frenzy has a limit- the remnant of the Indian population which had escaped the massacre mixed with its conquerors, and adopted in the end their religion and their manners.* The conduct of the Americans of the United States towards the aborigines IS characterized, on the other hand, by a singular attach- ment 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 happen to be so encroached upon as to be unable to subsist upon their territory, they kindly take them bv the hand and transport them to a grave far from the land of their fathers. 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 •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. ill M k " M ' i i56 DEMOCRACY IN AMERICA. depriving it of its rights ; but the Americans of the United States have accomplished this twofold purpose Avith singu- lar felicity, tranquilly, legally, philanthropically, without shedding blood, and without violating a single great prin- ciple of morality in the eyes of the world.* It is impos- sihla to destroy men with more respect for the laws of humanity. > i SITUATION OF THE BLACK POPULATION IN THE UNITED STATES, AND DANGERS WITH WHICH ITS PRESENCE THREATENS THE WHITES. Why it is more difficult to abolish Slavery, and to efiace all Vestiges of it amongst the Modems, than it was amongst the Ancients. — In the United States, the Frejadices 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. — Con- trast between the left and the right Bank of the Ohio. — To what at- tributable. — The Black Race, as well as Slavery, recedes towards the South. — Explanation of this Fact. — Difficulties attendant upon the Abolition of Slavery in the South. — Dangers to come. — General Anx- iety. — Foundation of a Black Colony in Africa. — Why the Americans of the South increase the Hardships of Slavery, whilst they are distressed at its Continuance. 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. ♦ See, amongst other documents, the Report made by Mr. Bell in the name of the Committee on Indian Affiiirs, February 24th, 1830, in which it is most logically established, and most learnedly proved, that " the funda- mental principle, that the Indians had no right, by virtue of their ancient possession, either of soil or sovereignty, has never been abandoned either ex- pressly or by implication." In ^rusing this Report, which is evidently drawn up by a skilful baud, PKESENT AND FCimi COra)IT.ON Or THE NEGBOES. 4S7 These two races are fetened to each other without mter. .W™Te- J„'r: o"l'Zff^°^ f ^"^ «h'eH «f 111 Union anses from the Drp«?Pnp« riably led to this as a primaiy fact. calamity which penet^ted ftrt vd^^l' the t^ Z wH^r jL-h- :tTt:;^r:fw:;::^^s some accursed genn upon a portion o( the s Jl bu It calamity is slaverv rhr^.*.- v "cxuugea. mis the ChLiansTTe .^tmr^CilS ""' inflilnn^lt ™"v »^°'™ti"d; bnt the wound thus produced W.l ™"'«1''^"««- The immediate evils fv ,, T ^ "^ ''^'^ ™"7 "''^■■ly the same in antioui! :^ Th^eiTr^tr "5;.; "r '^^ -^^ »cients,he,ongedtotheTlI!::lT:rtS:*a -eh., which .he JXtllr' ""'"'• *° ""^'^ -^ '"'" SO I ! Ill !i|| I 's^ 458 DEMOCRACY IN AMERICA. was often the superior of the two in education* and intel- ligence. Freedom was the only distinction between them -, and when freedom was conferred, they were easily con- founded together. The ancients, then, had a very simple means of ridding themselves of slaveiy and its conse- quences, — that of enfranchisement ; and they succeeded as soon as they adopted this measure generally. Not but that, in ancient states, the vestiges of servitude subsisted for some time after servitude itself was abolished. There is a natural prejudice which prompts men to despise whom- soever has been their inferior long after he is become their equal ; and the real inequality which is produced by for- tune or by law is always succeeded by an imaginary in- equality which is implanted in the manners of the people. But, among the ancients, this secondary consequence of slavery had a natural limit ; for the freedman bore so en- tire a resemblance to those bom free, that it soon became impossible to distinguish him from them. The greatest difficulty in antiquity was that of altering the law ; amongst the moderns, it is that of altering the manners ; and, as far as we are concerned, the real obsta- cles begin where those of the ancients left off. This arises from the circumstance that , amongst the moderns, the ab- stract and transient fact of slavery is fatally united with 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 follows that all the blacks who are now found there are either slaves or freedmen. Thus the Negro transmits the et.^mal mark of his ignonilny to all his de- * It is wf 11 known that several of the most distinguished authors of an- tiquity, and amongst them JEsop and Terence, were, or had been, slaves. Slaves were not always taken from barbarous nations ; the chances of war reduced higiily civilized men to servitude. PRESENT AND FUTURE CONDITION OF THE NEGROES. 459 scendants ; and although the law may abolish slavery, God alone can obliterate the traces of its existence The modern slave differs from his master not only in hi* condition, but in his origin. You may set the Negro free, but you cannot make him otherwise than an ahen to the European Nor is this all; we scarcely acknowledge the common features of humanity in this stranger whom slav- ery has brought amongst 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 inter- mediate between man and the brutes.* The moderns, then, after they hnve abolished slavery, have three preju- dices to C6ntend 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. It is difficult for us, who have had the good fortmie to be bom amongst men like ourselves by nature, and our equa s 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 anal- ogy. I. ranee was formerly a country in which numerous inequalities existed, that had been created by law. Noth- ing can be more fictitious than a purely legal inferiority, - nothing more contrary to the instinct of mankind than these permanent divisions estabHshed between beings evi- dently similar. Yet these divisions subsisted forages • they still subsist in many places ; and everywho^e They have left imaginary vestiges, which time alone can effac^. If It be so difficult to root out an inequality which oricri- nates solely in the law, how are those distinctions to be destroyed whidi seem to be based upon the immutable • To induce the whites to abandon the opinion they have conceived of the moral and intel eccual inferiority of their former slaves, the Negrot nVt^ change; but a« long as this opinion subsists, they cannot ch.n.« I'll m If 460 DEMOCRACY IN AMERICA. laws of Nature herself? When I remember the extreme difficulty with which aristocratic bodies, of whatever na- ture they may be, are commingled with the mass of the people, and the exceeding care which they take to preserve for ages the ideal boundaries of their caste inviolate, I de- spair of seeing an aristocracy disappear which is founded upon visible and indelible signs. Those who hope that the Europeans will ever be amalgamated with the Negroes appear to me to delude themselves : I am not led to any such conclusion by my reason, or by the evidence of facts. Hitherto, wherever the whites have been the most power- ful, they have held the blacks in degradation or in slavery ; wherever the Negroes have been strongest, they have de- stroyed the whites : this has been the only balance which has ever taken place between the two races. 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 falling away, but not that which exists in the manners of the country ; slavery recedes, but the prejudice to which it has given birth is immovable. Whoever has inhabited the United States must have per- ceived, that, in those parts of the Union in which the Negi'oes are no longer slaves, they have in no wise drawn nearer to the whites. On the contrary, the prejudice of race appears to be stronger in the States which have abol- ished slavery, than in those where it still exists ; and no- where is it so intolerant as in those States where servitude has never been known. It is true, that in the North of the Union marriages may be legally contracted between Negroes and whites; but public opinion would stigmatize as infamous a man who should connect himself with a Negress, and it would be difficult to cite 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 aboUshed , PRESENT AUD rUTTOE COSBITION OF THE NEOBOES. 461 but if they com. forward to vote, their lives are in danger. If oppressed, they may bring an action at law, but they r «"<> none but whites amongst their judges ; and 1 though they may legally serve a. juro«, prefudi e leb them from that office. The same schools do not recdve he ch-ldren of the black and of the European.. hZ bes.de their former masters ; in the hospitals, they ho God as the wh,tes, .t must be at a different altar, and in ri,e.r own churches, with their own clergy. The \^Z of Heaven are not closed against tl,em, Zt their tZl Z^ TT"^ '" "'" ™"7 '^""fi"^ of I-" other world d^t^ t Th TT" ^■'""^ '™" ■" ">« equality of d^th.t Thus the Negro is free, but he can share neither the rights, nor the pleasures, nor the labor, nor the afflic- lon^nor the tomb of him whose equal he has been dL In the South, where slavery still exists, the Negroes are less carefoUy kept apart; they sometimes share the labo« and the recreations of the whites; the whites consej" nt^rmix w.th them to a certain extent, and although kgi^ lation treats them more harshly, the habits of the people are more tolerant and compassionate. In the South Se master .not afodd to raise his slave to his own skiing Wause he knows that he can in a moment reduce him to the dust, at pleasure. In the Nortl,, the white no longer S» Jm t ""'??*"• '" "■« °f *« P-blio school. In to Nonhero 6t«ve;nmis, and often in the same tomb», wiih whitee. - Am. Eb. I''l|r' #-''<: Kentuck,, :| ^iV. ""*1l li 466 DEMOCRACY IN AMERICA. It is true that, in Kentucky, the planters are not obliged to pay the slaves whom they employ ; but they derive small profits from their labor, wlaist the wages paid tc 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 when they may be usefiil ; 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 manhood, in his profitless infancy as well as in the productive years of youth, in sickness as well as in health. 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 main- tenance 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, and appears to enrich only him who receives it ; but in the end, the slave has cost more than the free servant, and his labor is less productive.* * 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 con- federate 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 firee labor. PEESKNT AND FUTUEL CONDITION OF THE NEQBOES. 467 The influence of slavery extends still further : it aflect, dency h s ideas and tastes. Upon both banks of the Ohio, the diaracter of the inhabitants is entei-prising and energetic ! but this vigor is very differently exSdl, he two States. The white inhabitant of^Ohio « o subsist by his own exertions, regards temporl^'.^pTr^ Hy as U.e clnef aim of his existence; and a's the'eZ.; winch he occupies presents inexhaustible resources to hi "dustry and ever-varying lures to his activity, h a qj" tive ai-dor surpasses the ordinary limits of human cupid- ity, he .s tormented by the desire of wealth, and he bol llv enters upon every path which fortune opeL to him he becomes a sa. or, a pioneer, an artisan, or a cultivator ;ith he same indifference, and supporU with equal ctstocy the fatigues and the dangers incidental to these vS ■•:: Tnrhi; ""^ ,r "^7 "' "^ """">"- - -'"^^ - But the Kentuckian scorns not only labor, but all .!» ' undertakings which labor promotes, af he « vis in at it mdependence, his taste, are those of an idle man" molt has los a portion of its valne in his eyes ; he covets wlhh which his neighbor devotes to gain, turns with him to^ passionate love of field sports and militaiy exercis" he delights m violent bodily e.xertion, he is familiar wirh'tle use of arms and is accustomed from a very early te to expose his life in single combat. Thus slavery Lronlv i^^^'^birrt"^"'"™-"--'--^^^"' rX"^.^crbrrt'Zm:c S-- m p 'II If ' !t ■T \ ■it i ill if ! 1 t 1 > , ! 1 1 408 DEMOCRACY IN AMERICA. the inhabitants of the South and those of the North. At the present day, it is only the Nortliern States which are in possession of shipping, manufactures, raih'oads, and canals. This difference is perceptible, not only in comparing the North with the South, but in comparing the several South- ern States. Almost all those who carry on commercial operations, or 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 inhal)itants ; 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. Were I inclined to continue this parallel, I could easily prove that almost all the differences which may be re- marked 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 consequen- ces of servitude, but those effects which it has produced upon the material prosperity of the countries which have admitted it. 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 barba- rians. 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. As these truths became apparent in the United States, slavery receded before the progress of experience. Servi- '••"'•''' ''\'iini(ii i ji( i nii i i) ii i i | ^ . _^ I'BESKNT AND FUTUBE CONDiriON Of THE NEOROES. 469 ward the North ; but it „ow retires ag,„„. Freedom wh.1. started from „,e North, now descends „„ „ eT^ n.ptedly to«-„rd the South. Amongst the great States Pe„„,,lvan,„ now constitutes the extreme limft of slaty to the North ; b.it, even within those limits the suZ 'Clr '*""•"= «»0-lana, ,s preparing for its abolition ; and Virginia :!S aTiLrgi^'-^"""^' '^ "'-"^ "'-'"«" No great change takes place in human institutions, with- When the law of primogeniture obtained in the South ^ch fam,]y was represented by a wealthy individual, wh^ was ne, her cot^pellcd nor induced to labor; and h; wa! surrounded, as by parasitic plants, by the other member of h,s famdy, who were then excluded by law from shaX" he common mheritance, and who led the same kind of We as htmself. The same thing then occurred in all the tamihes of some conntries in Europe, namely, that the younger sons remain in the same state of Wl ne L a their elder brother, without being as rich as he is This ciauy carried on by slaves; but within the last few years thp «.„ri„. • dispSan T T "' ''"■^'^"' '^"'^ ^'^^--^ - *h-eforo more Sn of tobV "^ "" ''' '""^ '^^' '' ^''' "P «'--'-'-r in the culti T [ ., ' °' *^ ^'''' "P ^'"^^'^ ^""^ ^o'^-^^o at the same time [It IS hardly necessary to remind the American reader that theText hen, J wntten nearly thirty yeavs ago, and was a tolerably J^lL^cripS; mm M 470 DEMOCRACY IN AMERICA. 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, headed by a certain number of privi- leged individuals, whose wealth was permanent, and whose leisure was hereditary. These leaders of the American nobility kept alive the traditional prejucUces of the white race in the body of which they were the representatives, and maintained idleness in honor. This aristocracy con- tained many who were poor, but none who would work ; its members preferred want to labor ; consequently, Negro laborers and slaves met with no competition ; and, what- ever opinion might be entertained as to the utility of their industry, it was necessary to employ them, since there was no one else to work. 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 existence, — several of them have since entirely disappeared, — and all of them learned to look forward to the time when 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 subsistence by labor without blushing for their toil. Thus, one of the most immediate conse- quences of the equal division of estates has been, to create a class of free laborers. As soon as competition began between the free laborer and the slave, the inferiority of the latter became manifest, and slavery was attacked in PRESENT AND FUTURE CONDITION OF THE NEGROES. 471 itsjundamental principle, which is, the interest of the As slavery recedes, the black population follows its ret- rograde course, and returns with it towards those tropica] regions whence it originally came. However singular thi. Although the Americans abolish the principle of slavery hey do not set their slaves free. To illustrate this remarY,' 17«« r V '"'"'P^' "^ '^' ^'^'^ «f ^^^ York. In 1788, this State prohibited the sale of slaves within its limits, which was an mdirect method of prohibitincr the importation of them. Thenceforward the number of nI groes could only increase according to the ratio of the natural mcrease of population. But eight ears later, a more decisive measure was taken, and it was enacted that 17QQ f'"ii r/^ '^^^" P^'""*^ ^^^^^ t^« 4th of July, 1799, should be free. No increase could then take place As soon as a Northern State thus prohibited the impor- tation, no slaves were brought from the South to be sold in Its markets. On the other hand, as the sale of slaves was forbidden m that State, an owner could no longer get rid of his slave (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 bom free, the slave lost a large portion of his market-value, since his posterity was no longer included n the bargain and the owner had then a strong interest in transportmg him te the South. Thus the same law pre- vents the slaves of the South from coming North, and drives those of the North to the South. But there is anoriier cause more powerful than any that I have described. The wont of free hands is felt in a State m proportion as the number of slaves decreases. But in mui 472 DEMOCRACY IN AMERICA. proportion as labor is performed by free hands, slave-labor becomes less productive ; and the slave is then a useless of onerous possession, whom it is important to export to the South, where the same competition is not to be feared. Thus the abolition of slavery does not set the slave free, but merely transfers him to another master, and from the North to the South. The emancipated Negroes, and those bom after the abo- lition of slavery, do not, indeed, migrate from the North to the South; but their situation with regard to the Euro- peans is not unlike that of the Indians ; they remain half civilized, and deprived of their rights in the midst of a population which is far superior to them in wealth and knowledge, where they are exposed to the tyranny of the laws* and the intolerance of the people. On some ac- counts 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 any part of the soil : many of them perish miserably,! and the rest congregate in the great towns, where they perform the meanest offices, and lead a wretched and precarious existence. But even if the number of Negroes continued to increase as rapidly as when they were still in slavery, as the num- ber of whites augments with twofold rapidity after the abo- lition of slavery, the blacks would soon be, as it were, lost in the midst of a strange population. * 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. t There is a 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 Phila- delphia ; but one out of twenty-one of the black population died in the same time. The mortality is by no means so great amongst the Negroes who aw still slaves. (See Emerson's Medical Statistics, p. 28.) PBESKKT AND FUTURE CONDITION OF THE NEGBOES. 473 A district which i5 cultivated by slaves is in general less popnious than a district cultivated by free laborf moreover America .s still a new country, and a State is therefore no half peopled when it abolishes slaveiy. No sooner is an end put to slaveiy, than the want of free labor is felt, and a crowd of enterprising adventnrei-s immediately arrive from all parts of the countiy, who hasten to profit by the fresh resour.es which are then opened to indust,y. "^The sol ,s soon divided amongst them, and a family of white settlers takes possession of each portion. Besides, Euro- TwhT'^'^S" ■' ^-^^'"^'^'y Ji'^eted to the free States; for what would a poor emigrant do who crosses the Atlan- tic m search of ease and happiness, if he were to landTn a country where labor is stigmatized as degrading' and Jif ' -•■"« population grows by its natural increase, tliiM Tl ' ^^ ""' ''"™™^^ »fl"^ of emigrants whJst the b ack population receives no emigrantsrand i upon Its decline. The proportion which exifed betwee; the two races is soon inverted. The Negroes constitute a scanty remnant, a poor tribe of vagi^nts, lost in the midst of the blacks IS only marked by the injustice and the hard- ships of which they are the victims. In several of the Western States, the Negro race never made Its appearance ; and in all the Northern States, it is rapidly dechning. Thus the great question of its fo.ure condition IS confined within a narrow circle, where it be- comes less formidable, though not more easy of solution. I he more we descend towards the South, the more difli. cult does It become to abolish slavery with advantage; and his arises from several physical causes which it is import tant to point out. ^ The first of these causes is the climate: it is well known that m proportion as Europeans approach the tropics, la- bor becomes more difficult to them. Many of the Amcri- "W Ni 474 DEMOCRACY IN AMERICA. cans even assert that, within a certain latitude, it is fata! to them, while the Negroes can work there without danger ; * but I do not think that this opinion, which is so favorable to the indolence of the inhabitants of the South, is con- firmed by experience. The southern parts of the Union are not hotter than the south of Italy and of Spain ; f and it may be asked why the European cannot work as well there as in the latter two countries. If slavery has been abolished in Italy and in Spain, without causing the de- struction of the masters, why should not the same thine* 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 J to them than to the in- habitants of New Engla-.d. 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. 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 * 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 witliout rice- bounds ? t These States are nearer to the equator than Italy and Spain, but the temperature of the continent of America is much lower than that of Eu- rope. t The Spanish government formerly caused a certain number of peasants from the Azores to be transported into a district of Louisiaaa called Attaka- pas, by way of experiment. These settlers still cultivate the soil without the assistance of slaves, but their industry is so languid as scarcely to sup- ply their most necessary wants. PBESENT AND FUTUBE OONDITrOK OF THE NEGROES. 475 method of cultivating cereal grain. The farmer of corn- land, m a country where slaver,, is unknown, habitually retains only a sma 1 number of laborers in his service, and at seed-tnne and harvest he hires additional hands, who only hye at ns cost for a short period. But the agricul- turist in a slave state is obliged to keep a large number of Tth t '"■■ "T'^ '" "''''' '" --his fields and onlj for a few weeks; for slaves are unable to wait till they are hired, and to subsist by their own labor in the mean time, hke free laborers; in order to have their st vices, hey must be bought. Slavciy, independently of its gen-al disadvantages, is therefore still mor.' inappl^le to countries m which com is cultivated, than to those which produce crops of a different kind. The cultivation of Z on the other hand, unremitting attention: and women and in the cultivation of wheat. Thus slavery is naturally arrdfri^d.'" '^' '"'"''"^ '™'" ^''■^'' ""^ P^"-*'- Tobacco, cotton, and the sugar-cane are exclusively grown m the South, and they form the principal so^rce^ of the ,vealth of those States. If slaveiy were abolished the mhabitants of the South would be driven to this liter native: they must either change their system of c„W t.on,-and then they would come into competition with the more active and more experienced inhabitants of the dl -7' f *«y r"""^'' '" ™"™'« *« «ame pro- duce without slave labor, they would have to support the competition of the other States of the South, which migh tdl retain their slaves. Thus, peculiar i^asons for main- •mthTNorr '^'' '" "^ '""* ^""''^ '" -' "P-*' But there is yet another motive, which is more cogent i M i i , 476 DEMOCRACY IN AMERICA. than all the others : the South might, indeed, rigorously speaking, abolish slavery ; but how should it rid its terri- tory of the black population ? Slaves and slaveiy are driven from the North by the same law ; but this two- fold result cannot be hoped for in the South. In proving that slavery is more natural and more advan- tageous in the South than in the North, I have shown that the number of slaves must be far greater in the former. It was to the soutiiern settlements that the first Africans were brought, and it is there that the greatest number of them have always been imported. As we advance towards the South, the prejudice which sanctions idleness increases in power. In the States nearest to the tropics, there is not a single wliite laborer ; the Negroes are consequently much more numerous in the South than in the North. And, as I have already observed, tliis disproportion in- creases daily, since iiie Negroes are transferred to one part of the Union as soon as slavery is abolished in the otlier. Thus, the black population augments in the South, not only by its natural fecundity, but by the compulsory emi- gration of the Negroes from the North ; and the African race has causes of increase in the South very analogous to those which accelerate the growth of the JEuropean race in the North. In the State of Maine there is one Negro in three hun- dred 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 Vir- ginia, forty-two ; and lastly, in South Carolina,* fifty-five * "Wc find it asserted in an Amerian work, entitled " Letters on the Colo- nization 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. Maryhuid, Vir- ginia, South Carolina, North Carolina, and Georgia, we shall find tliai from P8ESENT AND ruTUBE CONmnON OF THE NEG«OES. 477 per cent of the inhabitants are black wS , "'' '""'"'S occupied to the country whenc?; ' '""■''°'"' ''"*<' ''X degrees the Negr„es^.e poss H*: :f:fn ™""''r'' "'"""''" '» seems t^ have fetiredrthemi':! "'''"'■ '"'"''"''''"^^ labor in it more easily than ti.e "s ' "" "''^"' ^"^ bwlhXntr'oftrSlh'T ''■^ '^""^ -" '-» a danger which, hoLv,; ':;t"Tt 'k °' "" ^'"""- pe:petually hauius the imaZ, In 7t, '. '"':"''"""'- a painfid dream The iTf T "'" Americans, like common topic rf comerTat 'Tt "' "'^ ^"^^ "«*^ ■•' a nothing to L Lm" btThe ™f '""'="-^ "'^^ '-« some means of obriat „'Ah ""^r^'y ^^eavor to devise -. In the Son. ert latl: ZT^ •'''""'' "^^^ ^°- the planter does not rdlu^ J tfi f •""• '' ""' '"^^^''^'^ = strangers ; he does not 7 "'^ft""" '" conversing with his friends -he seeks to e?'?'' ''" "PP^''--™' to there is sometl i "I;":, ^X ■\'""" '''"'"'''■ «"' of *e South, tha^ in £ "Z^L' L^ Vt tth"" '^ TT>.s all-pervading disquietude has given' So' ' „„. 484 DEMOCRACY IN AMERICA. dertaking as yet but little known, but wbicli may change ;tli€ fate of a portion of the human race. From appre- ihension of the dangers which I have just described, some American citizens have formed a society for the purpose of exporting to the coast of Guinea, at their own expense, fiuch free Negroes as may be willing to escape from the oppression to which they are subject.* In 1820, the society to which I allude formed a settle- ment in Africa, upon the seventh degree of north latitude, which bears the name of Liberia. The most recent intelli- gence informs us that two thousand five hundred Negroes are collected there. They have introduced the democratic institutions of America into the country of their forefeth- ers. Liberia has a representative system of government, Negro jurymen, Negro magistrates, and Negro priests ; churches have been built, newspapers established, and, by a singular turn in the vicissitudes of the world, white men are prohibited from establishing themselves within the set- tlement.! This is indeed a strange caprice of fortune. Two hun- dred years have now elapsed since the inhabitants of Eu- rope undertook to tear the Negro from his family and his home, in order to transport him to the shores of North America. Now the European settlers are engaged in sending back the descendants of those very Negroes to « This society assumed the name of " 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 Sociccy, and on its probable ResuUs," by Mr. Carey, Philadelphia, April, 1833. t 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 Ne- groes, like the Indians, were brought into collision with a people more enlightened than themselves, they would be destroyed before they could be civilized. •"-ifrntr 1 Pma.T AM. F«T«BE CONDmON OF THE NEG«OES. 484 Ac continent whence they were originallv taken • ,),. k has heen Cea ..aJt ^LltCro/rwl^"^ ^sei;:zr::Lft[-r-rr~ with regard to Africa it mn off^ j "^ , results World ^'■'^ "° ^^"^^^3^ t« the New space of ti^e, abon. seven ufZt^Zl u2 Zl born m the United States. If the colonv If r ^r were able to receive thousands of newthltal f™ s:d"i:i!:.!frr-^ <— rtrtS u vantage, it the Ijnion were to supply the soriptv da.lyncreas.ng .„ the States.f The Negro ..ee tiU never Lent toTl^Teh 1.7' '",' "" ""' °' *° "«■> "-■'" .hen, b„. lituc. IfTh" uln r„w "" ■■ " '""^'' *" """'O P""" jiiiiiji it m 486 DEMOCRACY IN AMERICA. never leave those shores of the American continent to which it was brought by the passions and the vices of Eu- ropeans ; and it will not disappear from the New World as long as it continues to exist. The inhabitants of the United States may retard the calamities which they appre- hend, but they cannot now destroy their efficient cause. I am obliged to confess that I do not regard the aboli- tion of slavery as i means of warding off the struggle of the two races in the Southern States. The Negroes may long remain slaves without complaining; but if they are once raised to the level of freemen, they will soon revolt at being deprived of almost all their civil rights ; and, as they cannot become the equals of the whites, they will speedily show themselves as enemies. In the North, everything facilitated the emancipation of the slaves ; and slavery was abolished without rendering the free Negroes formidable, since tlieir number was too small for them ever to claim their rights. But such is not the case in the Soodi. The question of slavery was a commercial and manufacturing question for the slave-owners m the Nordi ; for those of the South, it is a question of life and deatl^. God forbid that I should seek to justify the principle of Negro slavery, as has been done by i^ome American writers! I say only, that all the countries which formerly adopted that execrable principle are not equally able to abandon it at the present time. When I contemplate the condition of the South, I can only discover two modes of action for the white inhab- itants of those States ; viz. either to emancipate the Ne- groes, and to intermingle with th^m, or, remaining isolated from them, to keep them in 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 population of the United States at that time. [In 1850, the numbers were 3,204,313 slaves and 434,495 free colored; in a'l, 3,638,808. — Am. Ed.] PSESOT AM, FUTUBE CONDmON OF THE NEGBOES, 487 «ct'^ 1" t '^'?'"^"" "^ °"^ "' *' "'her of the two it 1^/ "•« question, and they act consistently ,vith nee!:::;i'^rtr„-^%tt:rt?™- - many of them am-ee ^v\th ih ' x? i ' *^'' P*"'"*' evu'wi p:y;t •°''"""^'' .*"' "- -■"-'J of this wlJch ririiffi . own existence. The instruction wmch IS no* diffiised m the South has convinced fh» nhab-tants that slavery is i„j„ri„„s to the Ze-ownt but U has also shown them, more clearly than before that It IS almost an impossibility to get rid of it hI anses a singular contrast ; the mo«l "4 of IZZ IS contested the more fi™ly is it established L the law? »d whilst .ts principle is gnidually abolished in the N 7* Aat seit-same principle gives rise to more ana more rlr ous consequences in the South. ^ The legislation of the Southern States with reoard to ^l 'XT :' t ''T' ''' ^"^'> tinparalleleri ! te as suffice to show that the laws of humanity have ::rr i?^^--'-" ^^"^ -^^vZ hiTirintTT »" "^^^ ^Stt: venTthH ^ TY' P'^^ttions were taken to pre- vent the slave from breaking his chains, at the preLnt I il!t iS ^88 DEMOCRACY IN AMERICA. ' 'I (lay, measures are adopted to deprive him even of the desire of freedom. The ancients kept the bodies of their slaves in bondage, but 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 slavp 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, under severe penalties, to be taught to read or write ; and, as they will not raise them to their own level, they sink them as nearly as possible to that of the brutes. 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 r ware 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 fiiture 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 away from slave-owners the right of emancipating their slaves in most cases,— not indeed by positive prohibition, but by subjecting that step to various formalities which it is difficult to comply with. 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 before he could surmount the legal obstacles to their emancipation, and in the mean PHKSEHT AKD .UTDBK COKDmON OF IHK NKGBOES. 48!) of the stranger, until thesp hnr^A I- • ^^ *^^ '"'''^ was a prey to aU tl.e anguish Tf despair 1^7.?^' ' dorstood how awful is the'Wtribution of W unon V"" who have broken her laws. P"" ""^^ These evils are unquestionablv ereat h„t tl.o necessary and foreseen consequencrof th! ^ "•''' •","' of modem slavery. Wherthe F I ''™"'P''' slaves fron. a raTe d^er^; t.f ZrTw;'"^ tt many of them considered af i,..erior to thr »r interest and their nn'rJo «« i x^. • -^ "leir Hrst violated eve«t of t > TT'™' ^^''"'^ of the Netrro W f ''^'"^^""y ^y their treatment r tne JNegro, and they afterwards inforr 1 him that hose „ghts were precious and inviolable. They affectd to open the.r runks to the slaves, but the Nelc^s whf attempted to penetrate into the community w^ driven back w«h scorn; and they have incautionsi ^d i"v7 untanly been led to admit freedom inst J o7 slaved wuhout^ Wng the cou^ge to be wholly l^,^^ American! 7Zf '" "H"^'^ " ^"'>^ "t which the Americans of the hon r. will mingle their blood with that of the Negroes, can ti.ey allow then, slaves to become fret 490 DEMOCBACY IN AMERICA. without compromising their own security ? And if they are obliged to keep that race in bondage in ordei 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 ap- pear to me 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 are the instru- ments 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. Whatever may be the efforts of the Americans of the South to maintain slavery, they will not always succeed. Slavery, now confined to a single tract of the civilized earth, attacked by Christianity as unjust, and by political economy as prejudicial, and now contrasted with demo- cratic liberty and the intelligence of our age, cannot sur- vive. By the act of the master, or by 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, forcibly seize it for themselves ; if it be given, they will, erelong, abuse it. CHANCES OF DURATION OF THE UNION. 491 WHAT ARE THE CHANCES OF DURATION OF THE AMERICAN UNION, AND WHAT DANGERS THREATEN j^^^^'^'"^^ m^t makes the prepondemnt Force lie in the States rather than in the belong to It. - Causes which tend to keep them united. - UtiUty of the Umon to resist foreign Enemies, and to exclude Foreigner from Am ica -No natural Barriers between the several States - No confltdc Interes^ to divide them. - Reciprocal Interests of the NortZ Solth Sins r '^nT'^""^^^^ ^'^^ °^ Union.-Unrmt '■ teZnTrP "^'" ' *'' ''"''° '''''''^^ '''^ '"^^ ^'ff--' Charac- ters and the Passions of its Citizens. - Character of the Citizens in the South and m the North. - The rapid Growth of the Union one of L greatest Dangers. - Progress of the Population to the NortW - Power gravitates m the same Direction. -Passions originating from udden Turns of Fortune. - Whether the existing GoveLent of "e • Br - \° •'^^.^^™P«'^«~- - Wa^te Lands. - Indians. _ The Jsanlc. — The Tariff. — General Jackson. The maintenance of the existing institutions of the sev- eral States depends in pait upon the maintenance of the Umon Itself. We must therefore first inquire into the probable fate of the Union. One point may 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 oiighial iso. lated condidon, but that several Unions would then be formed m the place of one. It is not my intention to ir- qmre mto the pnnciples 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. With this object I shall be obliged to retrace some of he steps which I have already taken, and to revert to opics which I have before discussed. I ^ aware that he reader may accuse me of repetition, but the impor» tance of the matter which still remains to be treated is my m \\m • 192 DEMOCRACY IN AMERICA. wM excuse : I had rather say too much, than not be thoroughly understood ; and I prefer injuring the author to slighting the subject. The legislators who formed the Constitution of 1789 endeavored to confer a separate existence and superior strength upon the federal power. But they were con- fined by the conditions of the task which they had under- taken to perform. Tliey were not appointed to constitute the government of a single people, but to regulate the association of several States ; and, whatever their inclma- tions might be, they could not but divide the exercise of sovereignty. In order to understand the consequences of this division, it is necessary to make a short distinction between the fiinctions of government. There are some objects which are national by their very nature, — that is to say, which affect the nation as a whole, and can only be intrusted' to the man or the assembly of men who most completely represent the entire nation. Amongst these may be reck- oned war and diplomacy. There are other objects which are provincial by their very natur e, — that is to say, which only affect certain localities, and which can only be prop- erly treated in that locality. Such, for instance, is the budget of a municipality. Lastly, there are objects of a mixed nature, which are national inasmuch as they affect all the citizens who compose the nation, and which are provmcial inasmuch as it is not necessary that the nation itself should provide for them all. Such are the rights which regulate the civil and poHtical condition of the citi- zens. 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. CHANCES OF DURATION OF THE UNION. There are then, two distinct categories of objects which are submitted to the sovereign power; and these are found m all well-constituted communities, whatever may be the basis of the political constitution. Between these two extremes the objects which I have termed mixed may be considered to lie. As these are neither exclusively national nor entirely provincial, the care of them may be given to a national or a provincial government, according to the agreement of the contracting parties, without in any way impamng the object of association. The sovereign power is usually formed by the union of individuals, who compose a people; and individual powers or collective forces, each representing a small traction of the sovereign, are the only elements which are tound under the general government. In this case, the general government is more naturally called upon to regu- late, not only those affairs which are essentially national, but most of those which I have called mixed; and th'^ local governments are reduced to that small share of sovereign authority which is indispensable to their well- bemff. But sometimes the sovereign authority is composed of pre-organized 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 them, but of all or a pait of the mixed objects in question. For the confederate na- tions, which were independent sovereignties before their union, and which still represent a considerable share of the sovereign power, have consented to cede to the gen- eral goyemment the exercise only of those rights which are indispensable to the Union. When the national government, independently of the prerogatives inherent in its nature, is invested with the right of regulating the mixed objects of sovereignty, it :! m\i 494 DEMOCRACY IN AMERICA. possesses a preponderant influence. Not only are its own rights extensive, but all the rights which it does not pos- sess exist by its sufFerance ; and it is to be feared that the provincial governments may be deprived by it of their natural and necessary prerogatives. When, on the other hand, the provincial governments are invested with the power of regulating those same af- fairs of mixed interest, an opposite tendency prevails in society. The preponderant 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. Single nations have therefore a natural tendency to cen- tralization, and confederations to dismemberment. It now remains to apply these general principles to the American Union. The several States necessarily retained the right of regulating all purely provincial affairs. More- over, these same States kept the rights of determining the civil and political competency of the citizens, of regulatincr the reciprocal relations of the members of the community, and of dispensing justice, — rights which are general in their nature, but do not necessarily appertain to the na- tional governmeiit. We have seen 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 na- tion 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. In this division of the rights of sovereignty, the share of the Union seems at first sight 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 it has less frequent occasion to act at all. Those of the provincial governments aie ChANCES OF DURATION OF THE UNION. 406 comparatively small, but they are incessant, and they keen alive the authority which they represent XT '"^^ ^^^P menf nf ♦v,^ TT • , "^ '^present, ihe govern- ment of the Union watches over the general interests of the country; but the general interests of a people have hut a questionable influence upon individual hap^hTess wht provincial interests produce an immediate effelt u' n tt welfeie of the inhabimnts. The Union socurls the Tnd pendence and the greatness of the nation whch do „t nnmediately aflect private citizens; but th sve^l State mamtain the l.berty, regulate the rights, protect thetr :r:;;^c:r '"- '' -<■ *« --' « «--- p4:%: iec'!s''\!n'!r^ S"™™"™' '» '^ '™<>™d from its sub S J 1 n ''T"""' e<"™"""™«' are within the passions .fa tew superior men who aspire to conduct it • interests o all those second-rate individuals who can onlv hope to obtain power within their own State, Td „"o nevertheless exercise more authority over the people b^ cause they are nearer to them. ^'^ The Americans have, therefore, much more to hope and to fear from the States than from the Union ; and, acc^rd- .ng to the natural tendency of the human mind, thev an, more hkely to attach themselves strongly to the foLe" «.an to the latter I„ this respect, theS habits and TI ings harmonize with their interests. When a compact nation divides its sovereigntv and adopts a confederate form of government, the StioTs the customs and the manners of the people for a W Ze struggle against the laws, and give an influence to th! ce"! ^al government which the laws forbid. But when a num- ber of confederate states unite to form a single nation, the wme causes operate in an opposite direction I have no %. '^^. .r.%. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 Jfiil III I.I 45 12,8 50 ""'='^ "f 14.0 12.5 12.0 1.8 1-25 1.4 1.6 ^ 6" ► o 7 Photographic Sciences Corporation A m 4' M^ ^^ « \\ ^^V^ «> >^ '"^rS 23 WEST MAIN STREET WEKSTER.N.Y. 14580 (716) 872-4503 m '^^t^ >* %> . .^0, 496 DEMOCRACY IN AMERICA. 1 doubt that, if France were to become a confederate repub^ lie like that of the United States, the government would at first be more energetic 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 long remain weaker than the French. When the national existence of the Anglo-Americans began, their provincial existence was already of long standing : neces- sary 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. 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 citi- zens, and dear to them all. It is identified with the soil ; with the right of property and the domestic affections; with the recollections of the past, the labors of the pres- ent, and the hopes of the future. Patriotism, then, which js frequently a mere extension of individual selfishness, is still directed to the State, and has not passed over to 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. It IS easy to estimate the different strength of the two governments, by remarking the manner in which they ex- ercise their respective powers. Whenever the government of a State addresses an individual or an assembly of indi- viduals, its language is clear and imperative, — and such is also the tone of the Federal government when it speaks to individuals ; but, no sooner has it anything to do with a State, than it begins to parley, co explain its motives and justify its conduct, to argue, to advise, and, in short, any- CHAHCES OF DURATION OF THE UNION. Um,te of the const, tutional powers of either government the prov,„c,al government prefers its claim wfth Slss and taies prompt and energetic steps to support it. Me2 whJe ho government of the Union .masons ; it app«Js to he mtemts, the good sense, the glo,y of the nati™ it .«mpon^ it negotiates, and does notlnsent to aer„;, It IS reduced to the last extremitv At fir,t .• ^^ ■? "I l^ny he imbued that it is The XC^^o^^l whch ,s armed with the authority of the natiofand t^a Congress represents a single State. The Federal government is, therefore, notwithstanding that, more than any other, it requires the free consem of he gove^ed to enable it to su Jst. It is easv to pereeive hat .^ object is to enable the States to reali/with'Silv Aen- deermmation of remaining umted; and, al W i atv' ZT 7.f !'<•%«-''. i' i^ wise,'stronran1 rrrt, ?^ Conshtufon fits the government to control md^vjduals and easi^ to surmount such obstacles Tthey d^eat may be confidently predicted ; and it"prlb that such a struggle would be seriously undertaken" As wrong .tt«hn,en. of tho remainmg member Tth. Tl " "" »«..de«,..he.,«„p,of .h.,r.iLl:^V„SitT:T''° T onginal compact betwepn fhpm ™ -» . "^""'''*^' "rs*. because the !»««» the regaining SaK, ^I^Tl^T ' ""'' '°™°""? """ "i««.'. lii 1 1 ill iiisihi ill Hi 14 f Si ' ''11 Ill 498 DEMOCRACY IN AMERICA. often as a steady resistance is offered to the Federal gov- ernment, it will be found to yield. Experience has hith- erto shown that, whenever a State has demanded anything with perseverance and resolution, it has invariably suc- ceeded ; and that, if it has distinctly refused to act, it was left to do as it thought fit.* 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.! The United States cover an immense territory, they are separated fi-om each other by great distances, and the population is disseminated over the surface ot a coun- try which is still half a wilderness. If the Union were to undertake to enforce by arms the allegiance of the confederate States, it would be in a position very analo- gous to that of Englpnd at the time of the war of in- dependence. 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 these, in uniting together, have not forfeited their nationality, nor have they been reduced to the con- of a few. They thus act in strict accordance with their own republican prin- ciple, that the will of the majority, duly ascertained and expressed in the mariner and under the limitations prescribed by the Constitution, shall be the ultimate and supreme law, from which there can be no appeal. And this determination they are now manifesting with a unanimity and energy such as no nation has ever before shown in defence of its government. — Am. Ed. * See the conduct of the Northern States in the war of 1812. " During that war," says Jefferson in a letter to General Lafayette, " four of the Ea8^ cm States were only attached to the Union like so many inanimate bodies to living men." t 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. •"""""T-iir CHANCES OF DUBATION OF THE UNION. dition of one and the same people. If one of the St«. chose to withdraw its name frL ,h ®'^^^* be difficult to dilproveT rilT '^/.^"*''^^*' ^' ^^uld Fo^ 1 "isprove Its nght of domg so * and th« to enable the Fede^l gove^ment eJ^L"f LJ" ."l" -stance which n«y be offered to it by L7Z 2 eniov thLT • . J **'* *" '"™« "'hich exclusively Hr^^TSr^airxitiorr If one of the confederate States have acquired , „».„ strroftr"^ r ' r '"'""« '' *» ^e^ciuiir;:" sess.on of the central authority, it wiU consider the o£ States as subject provinces, and will cause its own suprm tne name of the Federal government, but, in reaUt,-, is, eb« . Stttt h J rril. L^*^^* i!:"*"™" °' •»« S-P""" Court, ii m III : fl , : ■ \ I I , II III ''M I I J" 1 1 600 DEMOCRACY IN AMERICA. it I that government will have ceased to exist.* In both these cases, the power which acts in the name of the confedera- tion becomes stronger the more it abandons the natural state and the acknowledged principles of confederations. 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 com- promising the welfare of the others, although the sum of their joint prosperity would be less. 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 can hope to domineer over the rest, or to treat them as its inferiors or as its subjects. 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. Amongst the various reasons which tend to render the existing Union useful to the Americans, two principal Although the ones are especially evident to the observer. * 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 theii own advantage. CHANCES OF DURATION OF THE UNION. fiQl thev trade Notw.-tl.«fo r 7 "^''*'"' "^'^^^ which -ly by remaining . nieed If^e S^^ "" ""^ ''""« ;hey would not onl^ di^inth 1sL!T^ZT '''"' have against foreicrner^ Knf *i "''"S^n which they now tom-houses would fhl 1 ^.i,. , '^"^'" "^ '"'"'«• ™s- ;;e divided ^SL^C^Z:''^-'^ continent which Sdet t"""™"' '^'°'" "''"« "'« ™t At present, the' h v nT „ltf tTV''^"" f =* ''"■""-"• no standing arLes to r^ZZX^ :2Z'C"r7:!^ Union were dissolvprj all *\. i , ^^^' ^^ ^^e erelong be Zi Id T e'l '''"•:*™^°»^ *ings would deeply interested nth. ^^f^""'"'^' "'«. then, most the oAer |«„d it "^'"'^.'""^^ "^ ^eir Union. On .>Hvate i:te::t'\4" S"noT::f!: *- "'•-»- -^ Union to separate from JlCluT ' """'°" "' '"" states,rp:r::;:eie xlt;: AiS "' -ir ^"''^'' ".nning from the northeast ^ tL fit l:'f "' mg near y one thousanrl rr^i] c "''"^^^st, and cross- to imagin^e thatte deslrof p "'T''' ""■ "« "^ '^'l tween^the valley of th Mi! "•"''r ™^ '» ™''«' 1^ Atlantic Ocean one ™ "'^'^^'PP'-d the coasts of the t..e mutual r^s^ormrr^trth*'' ''-^ limits of different States bTJi ""^ """'^^''"7 Alleghanies does nrexeeed 2,5 oirT^""" " fl rt:;:-;lf rr ™"- *"W'eXrwir! Besides,!- -r^zs;:;,--^^^^^^^^^ Ocean, the Hudson th^ «i„c^ i Atlantic nncison, the Susquehanna, and the Potomac, 'rii I! te 602 DEMOCRACY IN AMERICA. take their rise beyond the Alleghanies, in an open elevated plain, which borders upon the valley of the Mississippi. These streams quit this tract of country, make their way through the barrier which would seem to turn them west- ward, and, as they wind through the mountains, open an easy and natural passage to man. No natural barrier divides the regions which are now inhabited by the Anglo-Americans; the Alleghanies are so far from separating nations, that they do not even divide different 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. 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,* which is about equal to five times the extent of France. Within these limits the quality of the soil, the temperature, and the produce of the country, are ex- tremely various. Thft vast extent of territory occupied by the Anglo-American republics has given rise to doubts as to the maintenance of their Union. Here a distinction must be made ; contrary interests sometimes arise in the differ- ent provinces of a vast empire, which oflen terminate in open dissensions ; and the extent of the country is then most prejudicial to the duration of the state. But if the inhabitants of these vast regions are not divided by con- trary interests, the extent of the territory is favorable to * See Darby's View of the United States, p. 435. [In I860 the number of States has increased to 34 ; the population to 31,000,000, and the area of the States, 3,189,000 square miles. — English Translator's Note.] [And now that the United States comprise a vast region bordering on the Pacific Ocean, the Rocky Mountains, and the barren and mountainous country adjacent to them, form a great natural barrier between the eastern and western portions of the Union. — Am. Ed.] CHAKCES OF BURATION OF THE OKION. 603 «o.-., and i„c«:lrSe^ tj'l?)! ^-'^"^'T' "^ ""' sumption. ''^ feciliating their con- It is indeed easy to discover AifP . • different par., of the Union W I '"'"'*''' '" "" ■my which a.^ hostile to eTh lei % ""''^''T"'''' ^'th are almost exclusively agTcuut^T J;''^ ^™'^»™ States are more peculiarly comm»r- i j ^ Northern States States of the wLt'^e TT ""'' '»'"">««='™ng. The n-annfeeturing. llth; South T' "™«' "gri-^"""™! and rice, cotton, Ld sugtf ^ ifrT ""T' °'""^-' '-heat and mai^e: ttee 1 d^ ""'' *" ^'^»«' ^ but union is the me^ whiehtl """" "' ""'"" and render^ equally advL^^:!*; :,r"^^ "'^ "^"^ Am'SealtVi!^/:;^^ ,/"- of the Anglo- produce of the globe o*f IT '• ^"^-^""^ "^^ ">e in maintaining the colder J"'°"' '• «"<'^""y ""'^rested in oMer that fhe iX^fTZZZT"' ""f"'™' snmeis may remain »= u "'^"'^" producers and con- most natu^ Z^: „" 'ZS ?" •™" ^'■^ ^o"'' « *« and the WestTthe UnTor T "" '^'^^" "■« S""* of the world unon ,1,. r . ""' '""''■ «"<• *« 'est -ted ia the „£ and „::;*! ""VV' «■«-«>- '"'-- West, in order that th,! '^ ^™'? "'^ *" S™* and the terialaforifmanl'urerr'""' '° ''™* ^^ ™- The South Td hi w; "JT" '^ '■•' '■'W'-g- directly interested in ,Z '"" '"'°' ^'^ «'«' "ore the pr^perity:fth:N„;h''™""/*%Unio„ and is, for the most part eZ7rZ 1, r"*™" "'^ *" ^outh the West conse;':;.7r„d ^Te /^^'th'^ '""* ^"^ resources of the North T^ !-, *^^ commercial .he ma,ntenance of rp;werf7;e:t f:^^^^^ <" t«t them efficaciously." Thelo^ al^dtfclC j' 1 il 1 I 1 ! ii ■ 504 DEMOCRACY IN AMERICA. vessels, but willingly contribute to the expense of a 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 Vir- ginia, 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. Independently of this commercial utility, the South and the West derive great political advantages from their union with each other and with the North. The South contains atj enormous slave population, — a population which is al- ready alarming, and still more formidable for the future. The States of the West occupy a single valley ; the rivers which intersect their territory rise in the Rocky Mountains or in the Alleguanies, and fall into the Mississippi, which bears them onwards to the Gulf of Mexico. The Western States are consequently entirely cut off, by their position, from the traditions of Europe and the civihzation of the Old World. The inhabitants of the South, then, are in- duced 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 commu- nication 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. The material interests of all the parts of the Union are, then, intimately connected ; and the same assertion holds true respecting those opinions and ^c^ntiments which may bo termed the immaterial interests of men. The inhabitants of the United States talk much of their attachment to their country ; but I confess that I do not rely upon that calculating patriotism which is founded CHANCES OF DURATION OK Tm UNION. ^05 ■^ sway over a g.eat number of citij s TrTe , by Z uJttd tr™' "'''\!''™i"'^« what is parsing i„ the Ln ted States upon this principle, will readily discover tha tho,r .nhabitants, though divided into twcn X Although the Anglo-Americans have several religious sects, they a regard rehVIon In tT,o religious J j^aiu jeugion in the same manner Thmr are not always agreed upon the measa,.s which are mS cond„c.ve to good government, and they va.y uprsre of the for^s of government which it is e.(ped2,rradop7 ought to rule human socety. From Maine to the Flor- leo'l r?. "" ^''*""' '" "■« Atlantic Ocean the The same no .ons are entertained respectW liberty Ind equahQ,, the hbeny „f the press, the right of awfatit Si' ilei H' i 1 '.: 1 , i 'ii 506 DEMOCRACY IN AMERICA. the jury, and the responsibility of the agents of govern ment. If we turn from their political and religious opinions to the moral and philosophical principles which n;gulate the daily actions of hfe, and govern their conduct, we still find the same uniformity. The Anglo-Americans* acknowl- edge the 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, by following his own interest rightly understood, will be led to do what is just and good. They hold that every man is bom in posses- sion of the right of self-government, and that no one haa the right of constraining his fellow-creatures to be happy. They have all a lively faith in the perfectibility of man , they judge that the diffusion of knowledge must necessa- rily be advantageous, and the consequences of ignorance fatal ; they all consider society as a body in a state of im- provement, humanity as a changing scene, in which noth- ing is, or ought to be, permanent; and they admit that what appears to them to-day to be good, may be superseded by something better to-morrow. I do not give all these opinions as true, but as American opinions. The Anglo-Americans are not only united by these com- mon opinions, but they are separated from all other nations by a feeling of pride. For the last fifty years, no pains have been spared to convince the inhabitants of the United States that they are the only religious, enlightened, and free people. They perceive that, for the present, their own democratic institutions prosper, whilst those of other countries fail ; hence they conceive a high opinion of their • It is scarcely necessary for me to observe that, by the expression Anglo- Americana, I mean to designate only the great majority of the nation ; tbi some isolated individuals, of course, hold very different opinions. CHANCLS OF DUKATION OF THE UNION. 607 Xf,"'^' ""^•''™ ""' ™'y '*■"'•"' fr"" »«««ving them- selm to be a distinct specie, of mankind. Ihus, the dangers which threaten the American Union cans The "' f"™"'"" -<> P-on^ of the Ameril cans The men who inhabit the vast territory of the but chmate, and more especially slavery, have craduallJ Tf rhe"slr %^f ''""^T^ ''~ '^^ BrUisr^etS of the Soutliem States and the British settler of the North In Europe .t ,s generally believed that slavery has .^nl dered the interests of one part of tho TT„- those r.f (I,. „.!. I r y ^""'" "contrary to case Sll!' f " ' ^ '"'™ ""' '■»»"<• *« «» l^^he case. Slavery has not created interests in the South con- raiy to those of the North, but it has modified the char- ac^r and changed the habits of the natives of the South I have already explained the influence of slavery upon he commercial ability of the Americans in the SouU^ ; anl this same mfluence equally extends to their manner. The slave ,s a servant who never remonstrates, and who sub! nuts to eveiything without complaint. He may slmetime^ assassinate, but he never withstands, his master. In The South, there are no families so poor as not to have slave.. The ctizen of the Southern States becomes a sort of d;. mestK= dictator from infancy; the fi,.t notion he acquires Lb '1' T' " ''°™ •" '='""""'"<'■ »<• 'he first habit which he contracts is that of ruling without resistance. His education tends, then, to give him the character of a haughty and hasty man, -irascible, violent, ardent in his desires, impatient of obstacles, but easily discouraged if he cannot succeed upon his first attempt. • This is not strictly true. There ure manv " ooor whli«. " .. .i... .-.ed, in the Sonthcn, States, ,h„o™ .„ L^L e^'. I^t7s" <''!i!l i i 1 ' ' ! ' < ^*afiJ»i&ii 608 DEMOCRACY IN AMERICA The American of the North sees no slaves around liim in liis childhood ; he is even unattended by free servants, for he is usually obliged to provide for his own wants. As soon as he enters the world, the idea of necessity assails him on every side : he soon learns to know exactly the natural limits of his power; he never expects to subdue by force those who withstand him ; and he knows that the surest means of obtaining the^support of his fellow-creatures is to win their favor. He therefbie becomes patient, reflect- ing, tolerant, slow to act, and persevering in his designs. In the Southern States, the more pressing wants of life are always supplied; the inhabitants, therefore, are not occupied with the material cares of life, from which they are relieved by others ; and their imagination is diverted to more captivating and less definite objects. The Ameri- can of the South is fond of grandeur, luxury, and renown, of gayety, 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. But the equality of fort ^nes and thi? absence of slavery in the North plunge the inhabitants in those material cares which are disdained by the white population of the South. They are taught from infancy to combat want, and to place wealth above all the pleasures of the intellect or the heart. The imagination is extinguished by the trivial details of hfe ; and the ideas become less numerous and less general, but far more practical, clearer, and more precise. As pros- perity is the sole aim of exertion, it is excellently well at- tained ; nature and men are turned to the best pecuniary advantage ; and society is dexterously made to ccntribate to the welfare of each of its members, whilst individual selfishness is the source of general happiness. Tne American of the North has not only experience, but knowledge ; yet he values science not as an enjoyment, but CHANCES OF DHUATION OF THE UNION. Ir'ThL^A' \°»'^r'""to -- its useful applica- tions. The American of the South is more given to act upon mxpulse; he is more clever, more frank, mire ler o»s, more mtellectual, and more briUiant. The foraer w.th prejudices, the weak„reTanIt^e „ " f'^'"' "'^ tocracies. -"^nesses, and the magnanimity of aU aris- int^relraTto"! "1'' '" "^'''^' ^'"' ■>-" «- -- nrerests, and, to a certam extent, the same opinions but ifent characters, different acquirements, and a Sren nalr ''^ ""^ ""'"'' '^ "PP^-W^ *» ^ -eiety of J^iX^^^'^Tr'-T"^ the American Union di- trac^^n mo '^™*''' ''^^™' '» *^ ^'"^^"^ con- tract in 1790 were thirteen in number- thp TT„;„ s:r 1- r^-^""' ["-irtHourrm:;:!^"^ ;:; nlation, which amounted to nearly fou. millions in 179n had more than tripled in the spL of for^ y "ars , ,n' 1880, It amounted to nearly thirteen millions.. ^Cha^. s of such magnitude cannot take place without dange ^ A society of nations, as well as a society of indfviduals has^three principal chances of dunition,-Lme; X^t dom of Its membeis, their individual weakness LTtT^ hinted number Tho 4™ • , ''"''"''^*' ""a their the Atla, r On . f ™""<"™^ *"'» q»it the coasts of * Census of 179o 1830 1860 « 3,929,328. 12,856,165. 31,134,G66. 610 DEMOCRACY IN AMERICA. unknown to each other ; they have neither traditions, fam- ily feeling, nor the force of example to check their ex- cesses. The authority of the laws is feeble amongst them, — that of morality is still weaker. 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. But they already exercise a great influence in its councils ; and they arrive at the government of the commonwealth before they have learnt to govern themselves.* The greater the individual weakness 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 Ameri- can republics did not contain 500,000 inhabitants,! each of them felt its own insignificance as an independent peo- ple, 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 [three and a half millions] of inhabitants, and covers an extent of territory equal to a quarter of France, | it feels its own strength ; and, although it may still support the Union as useful to its prosperity, it no longer regards it as necessary to its existence; and, while consenting to continue in it, it aims at preponderance in the Federsd councils. The mere increase in number of the States weakens the tie that holds them together. All men who are placed at the same point of view do not look at the same objects in the same manner. Still less do they do so when the point of view is difierent. In proportion, * This indeed is only a temporary danger. I have no doubt that in time society will assame as much stability and regularity in the West as it haa already done upon the coast of the Atlantic Ocean. t Pennsylvania contained 431,373 inhabitants in 1790. I The area of the State of New York is about 46,000 square miles. CHANCES OF DURATION OF THE UNION. <«tio„. At ptr^ Lir's^rrr" "^'^^'- the Union are not at varity- th« mio of Er^f thTAn:?:t ''".'**'^ «» ""eck for the ne.t hm,dred year, • "5""^'""? P^P"^''"" elapsed, I beheve that I ? ' ■ ■' ^°'^ "^« time has the United StTi wiU WovC T ""'' ''''P^"'''^-- "' ■niUions of inhabitant «„hT.^ 5^.'"°'* *^ » '•>»«J«d admit that th.TSr»yho"'1 ''"° f "^ ''^'-•* ^ interests. I suppose on th^ f "'" """^ "° <"«"'«*'" equally interested TnthT """'""y- "»* 'W «« all I'tiuLy.harfotthe'X^rti''^ "T' ^-' millions, forming forty dfatinTr» ^^ '^ ""^ * ^""^'^ the continuance^f th'^.FeTe^tr' """^"""y »''»"& a fortunate accident g»vemment can only be Whatever ftith I »ay have in the perfectibUity of man. tod. on A. ea„.m .top. ^ZlJu'^T^ ""' •" ""^ ■»»«• »™ if the nnmber«fi„h.bi«„te. One h„"d.^ 1^^ "T"'"' "" =»'"J"»'«* .hi. of .he .„,„.y.f„„ su«e., .nd .he ull'''°°' °'.°"° ''■«' »™r .he snrf.,. Won, „„„U „„,j, give 762 inh.Jr„«T?°™' """* °»»'<»"»a-te .h, or of Engtoa, which 1,457 • „d ,?1 ',! '''^ ^ "" »'«'" l^-g^e ; 8-i.zerl.nd, for .h., JZ; ^0^^*11'™° "" '*''>'' '"« WlaS^of -i- 7S3 i.hahi„n„ „ 4eXrj^.°^"« '" '^ -^ "."-.^n., con. i I I I • i l! i .1; 512 DEMOCRACY IN AMERICA. 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 nations, spread over a territory equal to one half of Europe, to avoid all rivalry, ambition, and struggles between thtm, and to direct their independent activity to the accoraj>hsli- ment of the same designs. But the greatest peril to which the Union is exposed by its increase arises from the continual displacement of its internal forces. The distance from Lake Superior to the Gulf of Mexico is more than twelve hundred miles, as the crow flies. The frontier of the United States winds alono- 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 every year a mean distance of seventeen miles along the whole of this vast boundary. Obstacles, such as an un- productive district, a lake, or an Indian nation, are some- times encountered. The advancing column then halts for a while ; its two extremities curve round upon themselves, and, as soon as they are reunited, they proceed onwards. This gradual and continuous progress of the European race towards the Rocky Mountains has the solemnity of a providential event ; it is hke a deluge of men rising una- batedly, and daily driven onwards by the hand of God. Within this front 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 ; 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 nesirly four millions. 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, in CHANCES OF DURATION OF THE UNION. order to take their seats in n^ AH the States arf boJlTv^ fT^--."- P"™"* path of fortune, but they do loTalf l ^T " *« in the same proportion I^ rt m f "" ""* ?"•<«?«■• detached bn.nVesTti.el, el V' *'' ^"'''"' ^» far as the Atlantic Oce^ fo™ t^ "'"""' "^'™<«"g <« constantly accessible rLl ^""^ '■'""*"'"'' P"'^. Potomac, MloWth^ stoj?! ™"''" ^-^ fr"" «- J-Ppi. the coast i^ sandy »dflaf Tl "' ''' '''''''■ Union, the mouths of ali^ost all ttl ''"'' "^ *" and the few harbora wWch /• I "" ""'' obstructed ; afford shallower ^ZrT.J:^ Z"^' l^T "^"^ me^^ *»«^es, than thortf' thf Ct '^^^' ""-"■ -Y"e-to::^;r:itr%:r^- upon the prosperity of thl pllrhim^r ""^^"™'- eo~rLdn:^:^r^r„:: *■>« «»»* both .•„ •»cmre, the natural consequence of Wa.hi;;otrn,I9ri,e?^"^^ ^'^^ -^'--^ °^ ^•^^ «-- of Missonn, to only 5,243 tons. I„ the^a^ll hfTn T ''^*")' ^"^'^ ^ of Massachusetts alone an^oun^i^* VrTns ^S T' ^' ^'^^ '^'^ -n s 21st Congress, 2d Session, No. UO Tsu /'" ^^t'^^^ D«- had three times as much shippincr as thp J ^u ' ^''"' Massachusetts ei iheless, the area of the Starof M T' ^^^^^^^^ioned States. Nev- a-d its population alt^^L^:;:^^^^^^^^^^ ^^ °"^^ ^'^^^ «^"- ™^H four other States I have quoted is 2,0 000 "; ^' "'"^* ^'^^ ^^^^ ^^ '^^ ' 3,047,767. Thus the aL of Lsre^'T '"""'""' *'^'^ P°P°'«^- thirtieth part of the a„,a of t ot ttl ""r"'""'^ '°'™« ^'^ -« fifth of thein,. [In 1858. the torn f k ^ 7 '°'"'^'''" " ^"* «- 33 .. Of the these four Southern States wa. ii ^^i ( 514 DEMOCRACY IN AMERICA. which is the more rapid increase of population and wealth within its borders. The States on the shores of the Atlan tic Ocean are already half peopled. Most of the land is held by an owner ; and they cannot therefore receive so many emigrants as the Western States, where a boundless field is still open to industry. The valley of the Missis- sippi 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 new States adjacent to the Mississippi, the population has in- creased thirty-one fold within the same time. The centre of the 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 envi- rons of the spot where Washington now stands ; but the great body of the people are now advancing inland and to the North, so that, in twenty years, the majority will un- questionably be on the western side ot the Alleghanies. If the Union continues, the basin of the Mississippi is evi- dently marked out, by its fertility and its extent, to be the permanent centre of the Federal government. In thirty or forty years, that tract of country will have assumed its natural rank. It is easy to calculate that its population, but 4,765, while that of Massachusetts was 32,599.] Slavery is prejudicial to the commercial prosperity of the South in several different ways; by di- minisliing the spirit of enterprise amongst the wliites, and by preventing thera from obtaining the sailors whom they require. Sailors are usually taken only 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 ap- prehensions would always be entertained of their mutinying in the middle of the ocean, oi of their escaping in the foreign countries at which they might touch. Ilfiill CHANCES or B„UT,0. or T«= ™„0K. 515 compared with thaf nf t\,^ be. in ,„„„a „„tt:! 1^ 4^: 1 *; ^"T''^- -« "- States which founded the Ur;„„ -i, , " '"'*' y'^""' the i*» policy, and the po2]J" , T '°'° '^'^ '"'•^^'i™ of «ppi will preponderateTnthe Fe . > ''^"'^ °' "'^ ^^-i- This constant gravid. W^f;™r7''''^'- fluonce towards the Northwe t is If P""'^ "'"' "- when a general census of the nn^ .° '^''y '"° y^'"'^. number of delegates wh h eS f™ ^ """le. -d the settled anew.. I„ n90, V^Z!u, """"^ '" ^""S^"^' « "ves in Congress. Th fe „!l!. "'"''"™ -epresenta- ••■>'« 1813, when it relheT^ T"'!"™'' '° "'"^'^^^ «7 it began ,o decreaZ d TZtv' '' ■ '""" "«" only twenty-one.t During thl ' ^"'S'"''' elected T ^"""g the same period, the State of i-'As or„::^;,t:rr °' "- '- - -- <-.o-,s3„, «> P- cen, i„ ,he ^. „ J ™' -^ *« *c bc^er State „f Ohio of tlic different State '"'■'°« P'"""! of the nneqnal fortunes f It has juM Ijecn said that in ,h. or Virginia has inere.., I^pe e "anT f • '^ '^' *^™' ^^^ P«P"'-on the number of .prcsemativesLrsie' """"'^ *^ ^^'^ '^o. of that State, far from diminishing rali^ '"""''' "''^ '^^ Population t'.e State of Virginia, to which I h!; aS!'n T. ''' '""'^''- ^ ^^« P-son. The number of represen al-c oft '''' ^ '"^^ ^-- of com- fonate to the total number of the Zesent 7"^'? " ^''^ ^^ P'-«P«'- reIat,on which its population bor. to that "T f /'' ''""°' ^"^ ^'^''•e number of a^pn^sentatives of VirSI Z n "'''°'*' ^"'°" ' '« '833, the number of the rcp^sentatiL Tt rUnion^^" ''"^''""""^^^ ^« ^« ^^ population, augmented in the conre o^ t n " 'l '""^ "''^^''"'^ ^"^'^^ ^ts r-Pu ation of the Union in the Zl spac "f T' "^^ ^' ''^ ^"^™^'^^*''^ V.rg,ma„ representatives will then be rth. M '" ^'' "'" ""™^^'- «f « tho new number of all the remLnta^iv ""'"'"' "" ^'^^ «°« ^-d. the other hand, as the augmentlToTr' " ^ "'' """'" ' «"'^' <>" of the whole population of the coltr/ ThT "f^'^.^^ ^'^^^"^ ^ to iha. .• ^""«''ft'ie mcreaseof the popu iPlI I 616 DEMOCRACY IN AMERICA. New York followed 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. [Virginia now has thirteen. New York thirty-three, and Ohio twenty-one representatives.] It is difficult to imagine a durable union of a nation which is rich and strong with one which is poor and weak, even 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 more difficult to maintain at a time when 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 pow- erful States make no attemp to oppress the smaller ones, the danger still exists; for there is almost as much in the possibility of the act as in the act itself. The weak gen- erally mistrust the justice and the reason of the strong. The States which increase less rapidly 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 attitude taken latlon 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 aU the representa- tives, the number of the 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 the nspresentatives of the Union to the old number, the number of the representatives of Virginia most decrease. I CHANCES OF DURATION OF THE UNION. 517 Th.*''-\^r"' '*'""'y' '" "Wbutable to no other cau8e The .„hab.u„t3 of the Southern States are, of al Z" one. .h„"^th'r„ trirri-; e'^iZtt: "t ;^-.othe^:ratt;::rrLt4i rederal influence anA flio* +1, i « musing itt, ♦;,, • ^"'"*'"^^' ^"^ that the number of its renrespnt^i -*e South, which . peoSrwTthtlrand i^hg men, ,s becommg more and more irritated and ZZd -tro^m r r' '"''"""^' "'* "■« -^^-hol^une^^t r,w ; r t7 ™'P"" oppression. If they discover a aw of the Union which is not unequivocal^ favomllo torce and if theu- ardent remonstrances are not Ustened \^7 ''"^'"^" '0 quit an association which llsThe^ wuh burdens whilst it deprives them of the prtfit . t" Tanff, said the inhabitants of Carolina in 1832, " enriches the North and ruins the South; for, if this wie no" the ease, to what can we attribute the continually iucreLl" power and wealth of the North witJ. ;* -7 """"^^"^ and arid soil, whilst the s!u* 'wufh IX'^^t. garden of America, is rapidly declining."/ ^"^ "" If the changes which I have described were gradual so hat each generation at least might have time t! Zp^Z witl. the order of things under which it had lived 2 ,tT l'^ '"^' ''"' *^ P™S-- of society Iw ■ca IS precipitate, and almost revolutionary. The sTme * See the report of its cominittPP tn. ^^.^ .he nu,Mca„„„ „r„.„ TariffrZh cl^r™'"" "'*" '^'^''^ f I ^1 »:■' I 618 DEMOCRACY IN AMERICA. citizen may have lived to see his State take the lead in the Union, and afterwai'ds 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.* But they believe themselves to be impover- ished 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 in contact with a power greater than their own : f 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, war would scarcely be known among mankind. Thus the prosperity of the United States is the source of their most serious dangers, since it tends to create in some of the confederate States that intoxication which accompanies a rapid increase of fortune ; and to awaken in others those feelings of envy, mistrust, and regret which * The population of a country assuredly constitutes the first element of its wealth. In the ten yem-s (1820-1830) during which Virginia lost two of its representatives in Congress, its population increased in the proportion of 13.7 per cent; that of Carohna, in the proportion of 15 per cent; and that of Georgia, 15.5 per cent. 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 altogether, at the rate of 4.7 per cent. t It must be admitted, however, that the depreciation which has taken place in the value of tobacco, during the last fifty years, has notably dimin- ished the opulence of the Southern planters : but this circumstance is as in ilcpendbnt of the will of their Northern brethren as it is of their own. CHANCES OF DURATION OF THE UNION. plate this extraordm.r,' progress with exultation ; but U,ey would be mser to consider it with sorrow and alarm The onroTZ "' '!'\""'-""' '**'" ■"-' inevitabirbeeo^' one of the greatest nations in the world; their offspring W.1I cover almost the whole of North America ; the conti! soon / Kiches, power, and renown cannot fail to be theirs fort:ras'':J7t""^' '•" ""'^ "-' "p™ '"'^ '— thJn™"'' ,**' L*"*™ demonstrated, that the existence of the present confederation depends entirely on the contin- prmeiple, I have mqmred mto the causes which may in- duce some of the States to separate from the others. The Union may, however, perish in two different ways: one of pact, and so forcibly to sever the Federal tie; and it is to this supposition that most of the remarks that I have made app^y: or the authority of the Federal government may be gradually fet by the simultaneous tendency of the unM repubhcs to resume their independence. The central po^ er, successively stripped of all its prerogatives, and reduced o S tr ^ '^" Tl"'' """" ^'""^' incompetent o fulfil Its purpose; a.id the second union would perish U.e the fi..t by a sort of senUe imbecility. The Sal weakening of the Federal tie, which may finally Sd to he d,,,o,„, „f aie Union, is a distinct circumst^c that may produce a variety of minor consequences before . opemtes so violent a change. The confederation might tdl subsist although its government were reduced to such l^T T'""". '^ "• P'^'^y^^ *^ "»"»■'• to cause , 520 DEMOCRACY IN AMERICA. After having investigated the causes whic-h may induce the Anglo-Americans to disunite, it is important to inouiro whetlier, if the Union continues to subsist, tlieir govern- ment will extend or contract its sphere of action, and whether it will become more energetic or more weak. The Americans are evidently disposed to look upon their condition with alarm. They perceive that, in most of the nations of the world, the exercise of the rights of sover- eignty tends to fall into a few hands, and they are dis- mayed by the idea that it may be so 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 ; whilst the Union is composed of differ- ent communities, — a fact which is sufficient to baffle all the inferences which might be drawn from analogy. I confess that I am inclined to consider these fears of a great number of Americans as purely imaginary. Far fi-om par- ticipating m their dread of the consohdation of power in the hands of the Union, I think that the Federal govern- ment IS visibly losing strength. To prove this assertion, I shall not have recourse to any remote occurrences, but to circumstances which I have myself witnessed, and which belong to our own time. An attentive examination of what is going on m the United States will easily convince us that two opposite tendencies exist there, like two currents flowing m con- trary directions in the same channel. The Union has now existed for forty-five years, and time has d..n,a';vay with many provincial prejudices which were at first hostile to Its power. The patriotic feeling which attached each of the Americans to his own State is become less exclusive • CHANCES OF DURATION OF THE UNION. 621 and the different part, of the Union have h.o amicabc as thev hnir« h t become more other. Ct^t timt - T' ""' '"^''■•"'""='' ^'■"' »<=•• reaeho. into Z b^trT """T'"' "^ -te-ou^e, now points of the Z °f;"™mm,caf„n Wtween the different ".piai..co„™,r:;„:-t:^^^^^^^^^ the country. And to f},P«« ^ I//"«/lown the rivers of ,"-« added tLse resde^a rtirTt bu""""" Tf "-' "-"^ ■ove of pe,f, w.,ieh are consS^t iXAme "' ""' a''tr,e life, and brininn,, 1,:„ • . ° S tlie Amenean into citizens. He c™ ef tt •""'"'" '^'* '"'^ S'""- vUits all the vllr, .""""^ '" ^^-7 '"■^"■•on ; he " .' ranous populations of the land Ti • ^''::2:>^zi^ *^ -irare't^;; cover the territori^f rhetife^'ttr ""' °^ -^ ^'■" their institutions dLt-:/"; tt^^u' Z' ""''"' "" nearer to the common tvj v "^'"^'' *"'' men leave the NorTh to ^fettle I dV""" """'^'""'' "^ Union: they brine with T .i • . '"^"' P"'' «f the »nd their ,„fu„r^ and Jtr *"' '^"'■' *^'^ °P'"i»»». the men amon^r^lMylXTt: d"'t 7" *"" rise to the head of affairs L7»W ! • •"'' ^'^ '"o" advantage. This contiZi ""^ '""""^ '» *''«'''- o*" South is pecuLr/fevTrTMeTrT."' '''^ ^°"'' '» *e ent provincial chlctlL^' ^"'" "'' '^' ">« ''iff'er- civilLtion of ^'eXTh teaT tHrth '"""'""• ^'■^ -^-i,eHthe.bo,e'Lrn:n^^:^r,7-;-: ^^^t::x^:^t:'r' -"'^^ *« -^«^-*« state. American^,, and the utLTtT "■»"&«»«» of the -anal, form, aitrTTthttKr^eTr 522 DEMOCRACY IN AMERICA. has swept away the bugbear thoughts which haunted the iiBaginations of the citizens in 1789. I'he Federal power is not become oppressive; it has not destroyed the inde- pendence of the States ; it has not subjected the confeder- ates to monarchical institutions ; and the Union has jiot vendered the lesser States dependent upon the larger ones. The confederatica has continued to increase in population, in wealth, and m power. I am therefore convinced that the natural obstacles to the continuance of the American Union are not so powerful now as they were in 1789, and that the enemies cf the Union are not so numerous. And yet a careful examination of the history of the United States for the last forty-five years will readily con- vince 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 con- fusion, excited much dread and hatred, but it was warmlv supported because it satisfied an imperious wart. Al- though it was then more attacked than it is now, the Fed- eral power soon reached the maximum of its authority, as is usually the case with a government which triumphs af\;ei' 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, dir-^cted in its foreign and internal policy by a single government. But to attain this point the people had risen, to some extent, above itself. The Constitution had not destroyed the individuality of the States ; and all communities, of whatever nature they may be, are impelled by a secret instinct towards in- dependence. This propensity is still more decided in a country like America, in which every village forms a sort CR4HCES OF DUSATION OF IHE USION. 623 Of republic, accustomed to govern teelf. It therefore cost and aU efforts, however successful they may be, necessa A. the Fedei-al government consoUdated its authority turned to .ts frontiers, and public credit was restored • con- fusion was succeeded by a fixed state of thinr^hid permitted the ii,U and free .-vcrdse „f ;„^ 7 ° DrisB Tf,., „..!,• ""- '-■"^'^'se of mdustiious enter- cans fortr, ""^ rr"'^ ^^'"^^ """ie the Ameri- Zont tliem 7^ t." '" "T™ '' "'^PP--^ &«"> Jem.^ r^n-r/rtt^^^^^^^^^^ t irksome. Everytlung prospered under the Union, and ttv H r' ""' '""''■"='' *° ^'"'"<'»'' the Union but they desired to render the action of the power which representee it as light as possible. The gencr J priTcink of union was adopted, but in every minor detail tC^ a tendency to independence. The principle of confedr tion was eveiy day more easily admitted, and mo^ areTv apphed ; so that the Federal government, by creX ^£ and peace, brought about its own decHne " As soon as this tendency of public opinion be<.an to be manifested externally, the leaders of parties, who live by wI>:;ceedtXS' 'tT''- ^°™"'"'^"' *«" sion nf .!,„ ='7 cntical. lis enemies were in posses 3.on of the popular favor; and they obtained the ri^h' of ondnctmg Its policy by pledging .imselves to lit h mfluence. From that time forwards, the government rft 1 -:/| '! ;-i 524 DEMOCRACY IN AMERICA. Union, as often as it has entered the lists with the govern- ments of the States, has almost invariably been obliged to recede. And whenever an interpretation of the terms of the Federal Constitution has been pronounced, that inter- pretation has generally been opposed to the Union, ana favorable to the States.* The Constitution gave to the Federal government the right of providing for the national interests ; and it had been held that no other authority was so fit to superinten.l the " internal improvements " which affected the prosper- ity of the whole Union ; such, for instance, as the cutting of canals. But the States were alarmed at a power which could thus dispose of a portion of their territory ; they were afraid that the central government would by this means acquire a formidable patronage within their own limits, and exercise influence which they wished to reserve exclusively to their own agents. The Democratic party, which has constantly opposed the increase of the Federal authority, accused Congress of usurpation, and the Chief Magistrate of ambition. The central government was in- timidated by these clamors ; and it finally acknowledged Its error, promising to confine its influence for the future within the circle which was prescribed to it. 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, had usually been regarded in this light. As long as these savages con- ♦ This assertion may be doubted. The only authorized interpreter of the Constitution is the Supreme Court of the United States ; and in most of the suits before this tribunal, which have involved a question as to the limite of the Federal and the State authority, the decision has been in favor of the former. See the Dartmouth College case, that of Chisholmr. Georgia, Gibbons r. Og- den, Ogden v. Saunders, the Cherokee Land case, and many others. Scv- eral of the cases which our author goes on to cite are instances of legislative, not Judicial, interpretation; that is, legally they are no interpretation at all, beias all liable to be overruled by the Supreme Court. —Am. Ed. CHANCES OF DURATION OP THE UOTON. «nted to reHre before the civifed settlers, the Fedend soon recoffnized I«>n, .1. 1 • "^sntra! government r.|„d.rr^T . . *^* *''""' '• »■"• after it had con- cluded treaties with the Indians as independent nation .t^^ve, then, np as subjects to the leg-slativ^ t^rn^ofr coast of the Atlantic extended indefinitely to the West mtowJd regions where no European had yet penetmtS' The States whose confines were itrevocabry fiSd Wked aif:;XtSit^:-^^^^^^ confederation at lamp + tk^ v i , *"® , dt iarge.-j- I henceforward the Federal trnv emment became the owner of all tl,. "« ^^^eral gov- whiVl, i,-« 1. J V "wner oi all the uncultivated lands ■tr^l. .r' '""' ^'"'"^ fr"" *is sonrfe were 3 :six ";r7e 'L^nf '"^ ™-- 1 ^^ u irom tne Indians, opening roads to the re- ereignty over the IndianTJl ^o, Georgia did not claim a right of sov- ^^oZ\ . :r;:r;\r::dr ^^^^^^^^ -- emment had pledged itself to extinguish. -Am Ed] ^'*'' ViLw M* ^'V'^ '''''"'' ^"^ """^^ ^3^ *»>« St-te of New York in 1780 • Virginia, Massachusetts, Connecticnt Rn„th „«-i at u ^ * thi8 example at different tin!! 7, . ^ ^""'^ ^"°""«' fo"o^e«J made a. InVLTso; ' "'' '"'"' *'^ "* ^^ ^^^^ °^ ««-^- - t; i 626 DEMOCRACY IN AMERICA. mote settlements, and accelerating the advance of civiliza* tion. New States have been formed in the course of time, in the midst of those wilds which were formerly ceded by the Atlantic States. 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 as- serted that, as they were now fully constituted, they ought to have the right of converting the produce of these sSes exclusively to their own use. As their remonstrances be- came 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.* The slightest observation in the United States enables one to appreciate the advantages which the country de- rives from the Bank. These advantages are of several kmds, but one of them is peculiarly striking to the stran ger. The notes of the Bank 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.! But the Bank of the United States is the object of great anmiosity. Its directors proclaimed their hostility to the * It is true that the President refused his assent to tliis law ; but lie com- pletely adopted it in principle. See Message of 8th December, 1833. [Tliis .8 overstated again. The Western States never claimed the lan.ls, but only that they should be sold at a low price, so as to encourage their settlement and that a fair portion of the purchase-money should be devoted to opening roads and other internal improvements. — Am. Ed.] t The Bank of the United States was established in 1816, wnth a capital of 35 000,000 dollars ; its charter expired in 1836. In 1832, Congress passed a law to renew it, but the President put his veto upon the bill. The struggle contmued with great violence on either side, and the speedy fall of the Bank might have been foreseen. I CHANCES OF DURATION OF THE UNION 527 in the pursuit of his reventeZtL •™' ™<^'>'"^d supposed b, the ^ec.:ri;i:!';:;r:"S'"%T Bank may be refrnrdt^A a. +1, majority. The dent of the centml power conWrtedVo !, " '."'''P'"- the Banl; TOntnonted to the overthrow of a oinntiV^r r.f i. 1 , ^ ^'^^^ *o issue only a quantity of notes duly proportioned to their capital iliey submitted with imnatipnL ^« *t , capital. Tr,/ "npanence to this sa utarv rnntml The newspapers which they bought over anH,. P dent, whose interest rendered hL X- ''^"' tacked tho R I .""""ered him their instrument, at- routd ,f» 1 T "'* *" greatest vehemence. Thel ^.e^ktC foj:? """' """ '>"=y--ted that «w influr:ou,ruiti:::^r^ttif ^"''•'■• on.ran~„trre ""■' f"' ''"'' ''^ •""^''-- «- in imericatete: XCr^^tli"^' f f '" °" -between the spirit of dLoT^^L li tX! ^''dl:; of a proper distribution and subonh-natio' of ZlrfZ not mean that the enemies of the Bank were dcntiam if, J VI 1 ! I ' I I !i i! if' 628 DEMOCRACY IN AMERICA. the same individuals who, on other points, attacked the I^ederal government ; but I assert that the attacks directed agamst the Bank of the United States originated in the same propensities which militate against the Federal gov- ernment, and that the very numerous opponents of the former afford a deplorable symptom of the decreasincr. strength of the latter. '^ But the Union has never shown so much weakness as on the celebrated question of the Tariff.* The wars of the French Revolution and of 1812 had created manufac- turing establishments in the North of the Union, by cut- ting off free communication between America and Europe. When peace was concluded, and the channel of intercourse reopened, by which the produce of Europe was transmit- ted to the New World, the Americans thought fit to estab- lish 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 encour- age, and which are exclusively agricultural, soon com- plained of this measure. I do not pretend to examine Jiere whether their complaints were well or ill founded, but only to recite the facts. As early as 1820, South Carolina declared, in a petition to Congress, that the Tariff was "unconstitutional, oppres- sive, 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 c^'omplaints, 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 re- vived, in the South, which took the name of Nullification. * See principally, for the details of this affair, the Legislative Documents, 22(1 Congress, 2d Session, No. 30. CHANCES 0. BDBATION OF THE MON. 629 .te a national govemlm th/a * ^Z' """ '^ ""■ Stat. f„™. on! and rie^eopt nrr' "' ""f "^' are specified bv tlmf r ! ! • ^ ' ^^ *^® ^^^^^ which «.e ^ii i 2^„:;;:nt~:i :i:r" r ^°'"'"' tional nations, by the voice rf, 7' '" ^' '='"''''"- "^•ority has o^ceVoL Xis ,,e dur:":[- ''^''^" '"" independent States; and rharlrh^S^ f " '"'«"" "*' retains its entire sove^Ltt if I, If '=''"^^iuently, >r., and has the r^Z'lf^'"'''''' '^»** * «pon the laws of C~ LTof , "!," T'™"''"" cution within the limitf J'. »»Pend'ng their exe- unconstitufond anXw """ *-ito,y, if they seen. that party in the L,ih\rT o'^'"'™' *« ''««<' »<" States' in m3 .. Th cts^r r'^ '™'"^ "^ *« United the States were parties Consf'nt.on .s a compact to which WW a c^n^rLrrtJ rrpaSti^^' ^:ttrhra"^htfv^'^^^"'" the nature iLm^dll'r^' "/ "^^'^ '" '^'«"''» "> is evident th,r 1, "''''«*"«»« «f Ae instrument." It from which the Zeri! ?^ '''"^'^ *^ »"«% 1789. '""^ ^^--^ <'«Ji™^ by the act of When South Carolina perceived th,f r J, r^'i-eivea tnat Congress turned I , 1 ^1 1 f •1 ■ i « J 530 DEMOCRACY IN AMERICA. a deaf ear to its remonstrances, it threatened to apply the doctrine of NulHfication to the Federal Tariff law. Con- gress persisted in its system, and at length the storm broke out. In the course of 1832, the people of South Carolina* named a national convention, to consult upon the extraor- dinary measures which remained to be taken ; and on the 24tli of November of the same year, this convention pro- mulgated a law, under the form of a decree, which an- nulled tho Federal law of the Tariff, forbade the levy of the imposts which that law commands, and refused to rec- ognize the appeal which might be made to the Federal courts of law.f This decree was only to be put in execu- tion in the ensuing month of February ; and it was inti- mated that, if Congress modified the Tariff before that period. South Cai-olina might be induced to proceed no further with her menaces ; and a vague desire was after- wards expressed of submitting the question to an extraor- dinary assembly of all the confederate States. In the • That is to say, the majority of the people; for the opposite party called the Vnum party, always formed a very strong and active minority' Carohna may contain about 47,000 voters ; 30,000 were in favor of nulUfica- tion, and 17,000 opposed to it. t 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 re- served by the Constitution to the different States are deliberately violated it 18 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 re- spective limits, those powers and privileges which belong to them as indepm- de,a, sovereign States. 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 oi 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 xvhat are the measures best fitted to obtain justice." CHANCES OF DUWIWN OF THE Mok. ggl pTd r^af "* ^"™'*™ ^'^ "- ">i>itia, and p^ • applies neeessar, to *: ^v ^Jne""' -^^ 'T' '"^ completely abandoned the prindZ !V In. ^""^^^ substituted a mere fiscal h!^f *" ^""'f'' »<< ?ive du.ies.t The govlZ ofThe'/r™ °' P"'^^" ■ts defeat, had ^ouL to Texped Lm whT •'" ™"™^' vogue with feeble government! T. .^i " """=■> '" /«<*., but remained infleX T ''"' ""^ P"'"' * whOst it was altering the LffT '"■ '"""'"'^ ' '"-» "^^^po-:^^' ^ir^ -- -* eX :: ^t!srr!f-^l-„r^^^ *e same national ~ZTL^ITT'' "''=•-«'«« = Tariif bill, met aoain " 'd f^ ^^^ «""«"«<• 'he -. but,'atther;:-me,trarf;irr r^^ severance in the doctrine oe\,n-7 ■ ""^''^^d pep- what it said, it anndWtl. ,'*""'""' "■<•• '» P"™ with extn.orkinarpre.aItr T""°" "" P"'*"' that the law would neT!r\»?. '■ ""' ^-^^ ««^«" . Almost al, the IZZ.^ oT^hfchTUf b'' . »g have taken place under the ^tia^^'^^l'^, * Congress was finally decidPfJ tn * u . • powerful State of VIrginfa w^o ' ie , " ''''' '''''' ^•«»'^»^* ^^the between the Union and sU Jl^^^^^^^^ -e as a mediator P-^ to be enti.1, abandoned ett th^stt I IT"" ^'''' '^ ^P" remonstrances. ^ ^'^^ ^'^^^^ ^Ji'ch had joined in her t This biU was brought in bv Mr Pio„ j • i, 532 DEMOCRACY IN AMERICA. Jackson ; and it cannot be denied that, in the question of the Tariff, he has supported tlie rights of the Union with energy and skill. I think, however, that the con- duct of this President of the Federal government may be reckoned as one of the dangers wliich threaten its continuance. Some persons in Europe have formed an opinion of the influence of General Jackson upon the affairs of his coun- try which ai)pears highly extravagant to those who have seen the subject nearer at hand. We have been told that General Jackson has won battles ; that he is an enero-etic man, prone by nature and habit to the use of force, "Cov- etous of power, and a despot by inclination. All this may be true ; but the inferences which have been drawn from these truths are very erroneous. It has been imagined that General Jackson is bent on establishing a dictatol-ship in America, introducing a military spirit, and 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 thought of exercising his authority in this manner, he would infalu- bly have forfeited his political station, and compromised his life, — he has not been so imprudent as to attempt any- thing of the kind. Far from wishing to extend the Federal power, the President belongs to the party which is desirous of lim- iting that power to the clear 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, Gen- eral Jackson is the agent of the State jealousies ; and he was placed in his lofty station by the passions wliich are most opposed to the central government. It is by per- petually flattering these passions that he maintains his sta- CHANCES 01 DURATION OF THE UNION. 688 t!on and his pop„Iarity. General Jackson is tim slave "eln. ^""""^'-^y' ""•>". »'ieipates aid forestalls Whenever the governments of the States come into col- ouLn .1 Tm"" •"' "^ "•ghts,-he almc? a rav^ oulstnps the eg>slature ; and «rhen the extent of the Fed era] power is controverted, he takes part, a it we^ agamst hi,„aelf,_he conceals his officii nterel Td labors to diminish his own dignity. Not, indeoTttt he « naturaHy weak or hostile to the Unio; ; for when th himself at their head, asserted the doctrines which the L tion held distinctly and energetically, and was the fii^t tt recommend fo.e; but General Jackson appears tote, f Lran"dV R ^Tf"",''P""'™' '" "^ ' Federalist by taste and a Republican by calculation. ' it, Tf f'^^^"f'^f' '» g"!" the favor of the major- ity J but when he feels that his popularity is secure he everthrows a 1 obstacles in the pursuit of the object wiiih the commumy approves, or of those which t does not regard w,,h jealousy. Supported by a power which W predecessors never had, he tramples on L personal enl mies, whenever they cross his path, with a facility without example; he takes upon himself the responsibility of meas- attempt: he even treats the national representatives with a disdam approaching to insult; he puts his veto upon the kws of Congress and frequently neglects even to reply to tha powerful body He is a favorite who sometime^ ti^ats his master roughly. The power of Gene.-al Jackson peTietually mcreases, but that of the President declines • m his hands, the Federal government is strong, but i w li" pass enfeebled into the hands of his successor! riiit 1!^ m 634 DEMOCRACY IN AMERICA. 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. It is natuially feeble, but it now abandons even the appearance of strength. On the other hand, I thought that I remarked a more lively sense of independence, and a more decided attachment to their separate governments, m the States. The Union is desired, but only as a shadow ] they wish it 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. I do not see anything for the present which can check this general tendency of opinion : the causes in which it originated do not cease to operate in the same direction. The change will therefore go on, and it may be predicted that, unless some extraordinary event occurs, the govern- ment of the Union will grow weaker and weaker every day. ^ I think, however, that the period is still remote, at which the Federal power will be entirely extinguished by its ina- bility to protect itself, and to maintain peace in the country. The Union is sanctioned by the manners and desires of .ne 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 viLw to increase its strength. The government of the United States is, of all the Fed- eral 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 impaired, a fKOBABLE UURATION OF THE REPUULIO. 684 Change of „pi„i„„ ,„ i„tem,| .rf,,,^ „^ ^ ^^_._ ^^^ ^^^^^^ all tl,« vigor which ,t requires. What I have bo'en most anxious to establish is simply this: Many people in France imagme 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 .the Federal government, as it grows old, from acquir- mg strength and from threatening the sovereignty of the States, that I maintain it to be growing weakfr, Ld Z the overeignty of the Union alone is in dang^. Such are the facts which the present time discloses. The fUtu™ conc«ds the final result of this tendency, and the ev^J which may check, retard, or accelerate the changes I have Sfdts'thr '"^ *" "- ""'» *» — ' *« -^ •ii! OF THE REPUBLICAN INSTITUTIONS OF THE UNITED STATES AND WHAT THEIR CHANCES OF DURATION ake' The Union is only an Accident. - Republican Institutions have more Per manence -A Republic for the Present is the natural St^'o^re!^' glo-Amencans— Reason of this.-In order to destroy it rthrr must be Changed a. the same Time, and a great 11^' plZ' m Manners. -Difficulties which the Americans would experiZl! creating an Aristocracy. experience in The dismembennent of the Union, bj introducing war into the heart of those States which are now confederTte wuhstandmg armies, a dictatorship, and a heavy taxaTon,' tulns'T. "^ "T""^ '^' '''' '' -Publican insti: tntions But we ought not to confound the future pros- pacts of the repubHc with those of the Union. The Uni" IZ7^ "'^^' r;" ^"l^ ''-' '' ^^"^ - circumstance favor It; but a repubhcan form of government seems to 536 DEMOCRACY IN AMERICA. me the natural state of the Americans, which nothing but the continued action of hostile causes, always acting in the «ame direction, could change into a monarchy. The Union exists principally in the law which formed it ; one revolu- tion, one change in public opinion, might destroy it for- ever; but the republic has a deeper foundation to rest upon. What is understood by a 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 are executed only when mature. The republicans in the United States set a high value upon morality, respect re- ligious belief, and acknowledge the existence of rights. They profess to think that a people ought to ^ 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 ex- amine itself, and to give proof of its existence, is the com- mon source of all the powers of the State. But the power of the majority itself is not unlimited. Above it, in the moral world, are humanity, justice, and reason; and in the political world, vested rights. The majority recognizes these two barriers ; and if it now and then overstep them, it is because, Uke individuals, it has passions, and, hke them, it is prone to do what is wrong, whilst it discerns what is right. But the demagogues of Europe have made strange dis- coveries. A republic is not, according to them, the rule of the majority, as has hitherto been thought, but the rule of those who are strenuous partisans of the majority. It is not the people who preponderate in this kind of govern- ment, but those who know what is good for the people; — PROBABLE DURATION OF THE REPUBLIC. 637 a happy distinction, which allows men fn o.f • *t, of nations without consultinrim and to "l T' gratUude whilst their rights L tLmJ unde Tot 'l republican government, moreover, they ho d i^ ll , exercised m the name of the people. ^ The Ideas which the Americans have adopted r^spectin^ the repubhc, render it easy for them to Uve und^ if^f msnre its duration. With them if ,!,» i^i- , ' one man to undertake to direct the details of their e;irt of n;„vi T", '■' *•""'"'« preeminently the cou„l' of provmcial and municpal government. To this cauS^ il to'thitrv^r^"^™""^ ''''■^'' -™- °*- p- At the time of the settlement of the North Arv,. • laws as well as the manners of the Eno-Hsh an^l fl,n rf'f^t' ■:' ""' ""'^ - "^ necessri 1h :; b« aTa" benefit which they knew how to appreciate W. T ^^y seen how the Colonies were CnTd ? ev^' p'^ mee, and almost everr district, was peopled separuLrbr men who were stingers to each other. L were' assJateJ ! I 638 DEMOCRACY IN AMERICA. 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 commu- nities, which belonged to no common centre ; and that each of these little communities must take care of its own affairs, since there was not 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 extraordinary degree, municipal and provincial lib- erties. In the United States, therefore, the mass of the institu tions of the country is essentially republican ; and, in ordei 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 diffi- cult for a party to found a monarchy in the United States, than for a set of men to convert France into a republic. Royalty would not find a system of legislation prepared for it beforehand ; and a monarchy would then really exist, surrounded by repubfican institutions. The monarchical principle would likewise have great difficulty in penetrat- ing into the manners of the Americans. In the United States, the sovereignty of the people is not an isolated doctrine, bearing no relation to the prevail- ing habits and ideas of the people ; it may, on the con- trary, 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, 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 I PROBABLE E RATION OF THE REPUBLIC. its townships, the State to the 539 the IBS the <5fofo„ j~' T "" '" '"** provinces, the Uni Stetes ; and, when extended to the nation, it be doctnne of the sovereignty of the people. of Ir ^^!^^Uf ^^ States, the fundamental principle of the repubhc is the same which governs the greater na« of human actions : republican nnf;^r,= • • Sweater part into all tho i^.J F.''^'' "f*^<^"s insmuate themselves -J«st as the law permits eveiy citizen to have the S of choosing his own government ^ It IS evident that nothing but a long series of events all bma .on of laws, opinions, and manne.., a mass of oppX opmions, manners, and laws. "Pposite If republican principles a"re to perish in America thev rupiea, and as often resumed • fhpv w;n i, ent revivals, and wiU not t^mf .:^,;rti:crLTa: exist, ihere is no symptom or nresao-P nt *hr. of such a revolution/ There is no Zf mrl ^Ho .person newly arrived in the United S IteT han^X of tumultuous agitation in which he finds political socrety s^emsZ »-;™-antly changing, and at fim s'gh t seems impo^ible that a people so fickle in its desires fhould new form of government. But such apprehensions are nrZ mature ; the instability which aftec J^ical institX n 640 DEMOCRACY IN AMERICA. IS of two kinds, which ought not to be confounded. The first, which modifies secondary laws, is not incom- patible with a very settled state of society. The other shakes the very foundations of the Constitution, and at- tacks the fundamental principles of legislation ; this species of instability is always followed by troubles and revolu- tions, and the nation which suffers under it is in a violent and transitory state. Experience shows that these two kinds of legislative in- stability have no necessary connection ; for they have been found united or separate, according to times and circum- stances. The first is common in the United States, but not the second: the Americans often change their laws, but the foundations of the Constitution are respected. In our days, the republican principle rules in America, as the mcnarchical principle did in France under Louis XIV. The Frejich of that period were not only friends of the monarchy, but thought it impossible to put anythincr in its place ; they received it as we receive the rays of the sun and the return of the seasons. Amongst 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 or argu- ments, by a tacit agreement, a sort of eomensus universalia. It is, however, my opinion, that, by changing their ad- ministrative foi-ms as often as they do, the inhabitants of the United States compromise the stability of their gov- ernment. It may be apprehended that men, perpetually thwarted in their designs by the mutability of legislation, will learn to look upon the republic as an inconvenient form of society ; the evil resulting ii-om the instability of the secondaiy enactments might then raise a doubt as to the nature of the fundamental principles of the Constitu- tion, and indirectly bring about a revolution; but this epoch is still very remote. PROBABLE DURATION OF THE REPUBLIC. 541 It may be foreseen even now, that, when the Americans lose thei,' republican institutions, they will speedily arrive at a despotic government, without a long interval of hm- ited monarchy. Montesquieu remarked, that nothing is more absolute than the authority of a prince who imme- diately succeeds a repubUc, since the indefinite powers which had fearlessly been intrusted to an elected magis- trate 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 ; as they are the immediate repre- sentatives of the passions of the multitude, and 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 authority, and they are left in possession of a vast deal of arbitrary power. This state of things has created habits which would outlive itself; the American magistrate would retain his indefinite power, but would cease to be responsible for it ; and it is impossible to say what bounds could then be set to tyranny. Some of our European politicians expect to see an aris- tocracy arise in America, and ah-eady predict the exact period at which it will assume the reins of government. I have previously Observed, and I repeat it, 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, or confiscate those rights to the advantage of a single man ; but I cannot beUeve that they will ever give the exclusive use of them to a privi- leged class of citizens, or, in other words, that they will ever found an aristocracy. An aristocratic body is composed of a certain number of citizens, who, without being very far removed from the 542 DEMOCRACY IN AMERICA. mass of the people, are, nevertheless, permanently sta- tioned above them; — 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 instincts 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 in- equality of men as a fundamental principle, legalizing it beforehand, and introducing it into the family as well as into society; but these are things so repugnant to natural equity, that they can only be extorted from men by con. straint. I do not think a single people can be quoted, since human society began to exist, which has, by its own free will and 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 once introduced into the manners of the country, it maintained itself, and passed naturally into the laws. 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 lot of the Romans, and of the barbarians after them. But a people, having taken its rise in civili, zation and democracy, which should gradually establish inequality of condition, until it arrived at inviolable privi- leges and exclusive castes, would be a novelty in the world; and nothing indicates that America is likely to be the fii-at to furnish such an example. COMMERCIAL PBOSPEBITY OF THE UNITED STATES. 643 «OME CONSIDERATIONS ON THE CAUSES OF THE COMMERCIAl PROSPERITY OF THE UNITED STATES. The Americans destined by Nature to be a great Maritime People. - Extent of their Coa^te. -Depth of their Ports.-Size of their Rive«.- Th ^ZZIV'' ^' ''' Anglo-Americana less attributahie, hot! - ^of o'ftli ^"?""^^T *'^^" ^ Moral and InteUectual Causes. me«l tT n- '^"-"^ °' *'* Anglo-Americans as a Com- mercial Na on.-The Dissolution of the Union would not check the Mantime V.gor of the States. - Reason of this. - Anglo-Americlns w U najj^jUl, suppl, the Wants of the Inhabitants of South'^t?^^^^ wiU^^become, hke the English, the Factors of a great Portion JfZ The coast of the United States, from the Bay of Fundy o the Sabuie R.ver in the Gulf of Mexico, is more than two thousand miles m extent.* These shores form an mi- broken hne, and are all subject to the same government. JNo nation m the world possesses vaster, deeper, or more secure ports for commerce than the Americans. The^mhabitants of the United States constitute a great civilized people which fortune has placed in the mickt of an uncultivated country, at a distance of three thousand miles from the central point of civihzation. America con- sequently stands in daily need of Europe. The Americans wiU, no doubt, ultimately succeed in producing or manu- factunng at home most of the articles wliich they require • but the two continents can never be independent of each other, so numerous are the natural ties between thei, wan s, their ideas, their habits, and their manners. Ihe Umon has peculiar commodities which have now become necessaiy to us, as they cannot be cultivated, or can b. raised only at an enonnous expense, upon the soil tioL^^T ^'"^^ ^''''"''y *« ''^^^ the American reader that the annexa- ^on of Texa., and the accession of Oregon and CaUfornia on the Pacific, sin^ Bl de Tocqueville wrote, have made this coa.t-line half a. long agiin 1 644 DEMOCRACY IN AMERICA. of Eui' pe. The Americans consume only 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 must therefore either fur- nish much business to other maritime nations, even if they should themselves renounce commerce, as the Spaniards of Mexico have hitherto done, or they must become one of the first maritime powers of the globe. The Anglo-Americans have always displayed a decided taste for the sea. The Declaration of Independence, by breaking the commercial bonds which united them to Eng- land, gave a fresh and powerful stimulus to their maritime genius. Ever since that time, the shipping of the Union has increased almost as rapidly as the number of its inhab- itants. The Americans themselves now transport to their own shores nine tenths of the European produce which they consume. And they also bring three quarters of the exports of the New World to the European consumer. The ships of the United States fill the docks of Havre and of Liverpool,, whilst the number of English and French vessels at New York is comparatively small. Thus, not only does the American merchant brave com petition on his own ground, but even successfidly supports that of foreign nations in their own ports. This is readily explained by the fact, that the vessels of the United States cross the seas at a cheaper rate. As long as the mercantile shipping of the United States preserves this superiority, it will not only retain what it has acquired, but will con stantly increase in prosperity. It is difficult to say for what reason the Americans can navigate at a lower rate than other nations ; one is at first B V -ela cost .iL^sZkJl -f,""' '" T'"' American not better built, and thergLlt " ""^ "" ' ""^ "" pay of tl.e American sliCl HT ' r'"" '"'»<'• ^he pay on board European sis "^Zt .™"^''«''»ble than the "umber of Europeans wh„ T^ I w ' T''' ^^ "'« S^' vessels of the United StateT H t""*^ '" ""> '»^^'=''ant- the Americans sail their v^s'ls ftT l"''''™' "' ''""'' *"' . superiority must „„t be "St f *' '™'' "^^-^^ "f their but that it is wholly a t^bulh,!; '° ^^^'^'^ advantages, qualities. ^ attributable to moral and intellectual i>^; t XrrtfVe Vr '^ "^ — ^• introduced a new'^s;st m „ft% °"' ""' ^'''^-^h which perplexed the olZt It ? '"'." ""^ "^^ "^ ''ar, "royed the most ancit" ISi rf' e''^ "^"'^ "- first undertook to mate shift T^ ^"°P^- They which had always b^hdltT "!?• " """''^^ "^ 'Wn^ they quired Lei exeftiolt V';^?™^"^ '" -ariare^ civilized nations had evraoulhf fV""'^'' ^'■■'='» "o actions in an incredibly Ihfrtf '''^' *«y aehieved great without hesitation t7„t^ T' T-'' "^^-^ ''"""n Ufe French had less money ^d t '""' '" ^'^'^^ The "ies , their resources "wereilfilLr^fe*" '"^'^ ^"- less, they were constantly v;.t„ ■ ^ '^™"' ' neverthe- chose to imitate their exampr* """' *"'' ^<'™'^««» com^'mei"" d'o^lt^"-'' ^ r '" ^^^n i-f for conquest. The Europt^s^T "'''• ""^ ^^^"^h *<< dence; he sets saU oZ^Z th " ""T"^ "'* P™" '^» unforeseen aecide„f:^-Jr;t:L:;r:; 546 DEMOCBACY IN AMERICA. night, he furls a portion of his canvas; and when the whitening billows intimate the vicinity of land, he checks his course, and takes an observation of the sun. The American neglects these precautions, and braves these dan- gers. He weighs anchor before the tempest is over ; 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 Ameri- cans 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. The European navigator touches at different ports in the course of a long voyage ; he loses 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 purchase tea in Chma : 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 has seen land but once. It is true that, during a voyage of eight or ten months, he has drunk brackish water, and Hved upon salt meat ; that he has been in a continual contest with the sea, with disease, and with weariness ; but, upon his return, he can sell a pound of his tea for a half-penny less than the English merchant, and his purpose is accomplished. I cannot better explain my meaning, than by saying that the Americans show a sort of heroism in their manner of trading. The Emropean merchant will always find it dif- ficult to imitate his American competitor, who, in adopting the system which I have just described, does not follow calculation, but an impulse of his nature. The inhabitants of the United States experience all the wants and all the desires which result from an advanced COMMERCIAL PROSPERITY OF THE UNITED STATES. 547 civilization ; and as they are not surrounded, as in Europe, by a community skilfully organized to satisfy them, they are often obliged to procure for themselves the various arti- cles which education and habit have rendered necessaries. In America, it sometimes happens that the same person iiJIs his field, builds his dwelling, contrives his tools, makes his shoes, and weaves the coarse stuff of which his dress is composed. This is prejudicial to the excellence of the work, but It powerfully contributes to awaken the inteUi- gence of the workman. Nothing tends to materialize man, and to deprive his work of the faintest trace of mind, more than the extreme division of labor. In a countiy like Amenca 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 mo- ment. Men are to be met with who have successively been lawyers, 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 inteUigence is greater. 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 at- tached 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 ofi" the mfluence which the habits of other nations might exercise upon them, from a conviction that their country is unhke Bny other, and that its situation is without a precedent in the world. America is a land of wonders, in which every- thmg IS m constant motion, and every change seems an improvement. The idea of novelty is thore indissolubly I 548 DEMOCRACV IN AMERICA. connected with tlie idea of amelioration. No natural boundary seems to be set to tlie efforts of man ; and, in his eyes, what is not yet done is only what he has not yet attempted to do. This perpetual change which goes on in the United States, these frequent vicissitudes of fortune, these un- foreseen fluctuations in private and public wealth, serve to keep the minds of the people in a perpetual feverish agitation, which admirably invigorates their exertions, and keeps them, so to speak, above the ordinary level of hu- manity. 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 novelty. The same bent is manifest in all that he does : he introduces it into his polit- ical laws, his religious doctrines, his theories of social econ- omy, 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 this same passion, apphed to maritime commerce, which makes him the cheapest and the quickest trader in the world. As long as the sailors of the United States retam these mental advantages, and the practical superiority which they derive from them, they will not only cor * .ue to supply the wants of the producers and consumers ot their own coun- try, but they will tend more and more to become, like the EngUsh, the factors of other nations.* This prediction has * 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 COMMERCIAL PROSPEBITY OF THE UNITED STATES. 649 already begun to be realized ; we perceive that the Amer- ican traders are introducing themselves as intermediate . agents m the commerce of several European nations ; • and America will offer a still wider field to their enterprise. The great colonies which were founded in South Amer- ica 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 amelioration of their condition. But it will not always be so. Europe has succeeded by her own efforts in piercing the gloom of he Middle Ages. South America has the same Christian laws and usages as we have ; she contains all the germs of civilization which have grown amidst the nations of Europe or their offsets, added to the advantages to be derived from our example: why, then, should she always remain unciv- ilized ? 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 form flourishing and enhghtened nations. But when the Spaniards and Portuguese of South Amer- ica begin to feel the wants common to all civilized nations, they will still be unable to satisfy those wants for 'them- selves ; as the youngest children of civihzation, they must perforce admit the superiority of their elder brethren. Ihey will be agriculturists long before they succeed in manufactures or commerce ; and they will require the me^ diation of strangers to exchange their produce beyond seas tor those articles for which a demand will begin to be felt. It is unquestionable that the Americans of the North aU the producers of the world, and to open communications between all na- tions. The maritime genius of the Americans prompts them to enter into competition with the English. * Part of the commerce of the MediteiTanean is already carried on hy American vessels. 550 DEMOCRACY IN AMERICA. .^1 will one day be called upon to supply the wants of the Americans of the South. Nature has placed them in con- tiguity, and has furnished the former with every means of knowing and appreciating those demands, of establishing permanent relations with those States, and gradually filling their markets. The merchant of the United States could only forfeit these natural advantages if he were very infe- rior to the merchant of Europe ; but he is superior to him in several respects. The Americans of the United States already exercise a great moral influence upon all the na- tions of the New World. They are the source of intelli- gence ; and all those who inhabit the same continent are already accustomed to consider them as the most enhght- ened, the most powerful, and the most wealthy members of the great American family. All eyes are therefore turned towards the United States : these are the models which the other communities try to imitate to the best of their power ; it is from the Union that they borrow their political principles and their laws. The Americans of the United States stand in precisely the same position with regard to the South Americans as their fathers, the English, occupy with regard to the Ital- ians, the Spaniards, the Portuguese, and all those nations of Europe which receive their articles of daily consump- tion from England, because they are less advanced in civil- ization 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. If the Union were to be dissolved, the commerce of the States which now compose it would undoubtedly be checked for a time ; but less than one would think. It is evident that, whatever may happen, the commercial State? FUTURE PROSPECTS OF THE UNITED STATES. 551 wiU remain united. They are contiguous, they have the same opmions, interests, and manners; and they alone form a great maritime power. Even if the South of the Union were to become independent of the North, it would BfaU require the services of those States. I have already observea that the South is not a commercial country, and notWng indicates that it will become so. The Americans of the South of the United States wiU therefore long be obhged to have recourse to strangers to export their pro- duce, and supply them with the commodities which satisfy then: wants. But the Northern States are undoubtedly able to act as their intermediate agents cheaper than any other merchants. They will therefore retain that employ- ment, for cheapness is the sovereign law of commerce, bovereign will and national prejudices cannot long resist the mfluence of cheapness. Nothing can be more virulent ^an the hatred which exists between the Americans of the Umted States and the English. But in spite of these hostile feeUngs, the Americans derive most of their manu- fectured commodities from England, because England sup- phes them at a cheaper rate than any other nation. Thu% the increasing prosperity of America turns, notwithstand mg the grudge of the Americans, to the advantage of British manufactures. Reason and experience prove that no commercial pros- penty can be durable if it cannot be united, in case of need, to naval force. This truth is as well understood in the Umted States as ai^y where else : the Americans are> already able to make their flag respected; in a few yeai-s they wiU make it feared. I am convinced that the dis- memberment of the Union would not have the effect of .« ^-P- settleme/ts sc" tered over that immense region recalled the traditions of ourco t,y. Lou^burg Montmorency, Duquesne slt Louis Vincennes, New Orleans, (for such were the nam« *ey bore,) are words dear to France and familiar toT,^ Cars* But a course of circumstances, which it would be tedious enumerate,, have deprived us of this magnificent „h" itance. Wherever the French settle, w^-e numenca^v weak and partiaUy estabhshed, they have disarpTred : uau any othere to found prosperons colonies. The habit of thJr,Ur, governing for one's self is indispensable in a new coun^ 1 ^ ""* cessarily denenda i« « „,» * country, where success n©. settC ^ ^ ''* "^^"^ "P"'^ ^''^ '°^-^d«-' exertions of th. 654 DEMOCRACY IN AMERICA. those who remain are coUected on a smaU extent of coun- fay, 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 increas- mg around them unceasingly and on all sides, who ah-eady penetrate amongst the former masters of the country, pr^ dominate in their cities, and corrupt 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. ^ To the northwest, nothing is to be met with but a few msignificant 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 two races which divide the possession of the New World. The limits of separation between them have been settled by treaty; but although the conditions of that treaty are favorable to the Anglo-Americans, I do not doubt that they wiU shortly infringe it. Vast provinces, extendmg beyond the frontiers of the Union towards Mex- ico, are still destitute of inhabitants. The natives of the United States wiU people these sohtaiy regions before their nghtfiil occupants. They will take possession of the soU and establish social institutions, so that, when the legal owner at length arrives, he wiU find the wilderness under cultivation, and strangers quietly settled in the midst of his inheritance. The lands of the New World belong to the first occu- pant ; 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 abeady aUuded to what is taking place in the prov- nice of Texas. The inhabitants of the United States are FUTURE PROSPECTS OF THE UNITED STATES. 555 ITIT^ ff^'^^ *" ^'^^' ^^^^^ *hey purchase land ; and although they conform to the laws of the countiy, the^ are gradually founding the empire of their own laTguage Zt '^;Y"m"''""'"-* ^^' P^°^^^« «f Texas f stil part of the Mexican dominions, but it will soon contain no Mexicans J the same thing has occurred wherever the ^^^r^Z^' ''-' '''^' ^^ ^^"^* -''^ ^ P-P^e of a It cannot be denied that the British race has acquired an ama^ng preponderance over all other European races in he New World; and it is very superior to them in civil- c^ation industry, and power. As long as it is surromided only by desert or thinly-peopled countries, as long as it encounters no dense population upon its route, through spread. The hues marked out by treaties will not stop it: but It wiU everywhere overleap these imaginary barriers. 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 bum-' mg cWe of the Equator. The Anglo-Americans are therefore placed m the most temperate and habitable zone of the continent. It is generally supposed that the prodigious increase of population in the United States is posterior to their Decla- ration of Independence. But this is an error: the popu- ation increased as rapidly under the colonial system as at the present day ; that is to say, it doubled in about twenty- two years. But this proportion, which is now applied to miUions, was then apphed to thousands, of inhabitants; and the same fact, which was scarcely noticeable a century ago, IS now evident to every observer. lexM fiiMIIed this prophecy. —Am. Ed. 556 DEMOCRACY IN AMERICA. The English 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 govern- ment. During the war of Independence, which lasted eight years, the population continued to increase without mtermission in the same ratio. Although powerful Indian nations allied with the EngUsh existed, at that time, upon the western frontiers, the emigration westward was never checked. Whilst 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 mhabitants. Nor did the unsettled state of things 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 or anarchy, have exercised no perceptible influence upon the continued development of the Anglo-Americans. This may be readily understood, for no causes are sufficiently general to exercise a simultaneous influence over the whole of so extensive a territory. One portion of the countnr 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. It must not, then, be imagined that the impulse of the British race in the New World can be arrested. The dis- memberment of the Union, and the hostilities which might ensue, the abohtion of repubhcan institutions, and the ty- rannical government which might succeed, may retard this TF^v ^""^ *^^^ ''^"''* P'"^''^"* ^^ P^^P^e fro°i ultunately fulfilling their destinies. No power upon earth can shut out the emigi-ants from that fertile wilderness which offers resources to all industry, and a refuge from all want. Fu- ture events, whatever they may be, wiU not deprive the Americans of their climate or their inland seas, their great nvers or their exuberant soil. Nor will bad laws, revo- FUTURE PROSPECTS OF THE UNITED STATES. 557 lutions, and auarcliy be able to obHterate that love of prosperity and spint of enterprise which seem to be the distinctive characteristics of their race, or extinguish al- together the knowledge which guides them on their way. 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 Ando- Americans alone will cover the immense space contained between the polar regions and the tropics, extending from the coasts of the Atlantic to those of the Pacific Ocean. The territory which will probably be occupied by the Anglo-Americans may perhaps equal three quarters of Europe m extent. The climate of the Union is, upon the whole, preferable to that of Europe, and its natural advan- tages are as great ; it is therefore evident that its population will at some future time be proportionate to our own. Eu- rope, divided as it is between so many nations, and torn as It has been by incessant wars growing out of the barbarous manners of the Middle Ages, has yet attained a population of 410 mhabitants to the square league. What cause can prevent the United States from having as numerous a pop- ulation in time ? Many ages must elapse before the different offsets of the Bntish race in America wiU cease to present the same physiognomy ; and the time cannot be foreseen at which a permanent inequahty of condition can be established in the New World. Whatever differences may arise, from peace or war, freedom or oppression, prosperity or want, between the destimes of the different descendants of the great An- glo-American family, they will all preserve at least a simi- lar social condition, and will hold in common the customs and opimons to which that social condition has given birth. In the Middle Ages, the tie of rehgion was sufficiently powerful to unite all the different populations of Europe in the same civilization. The British of the New World 558 DEMOCBACY IN AMERICA. have a thousand other reciprocal ties j and they live at a time when the tendency to equality is general amongst mankind. The Middle Ages were a period when every- thing was broken up, ~ when each people, each province, each city, and each family tended strongly to maintain its distinct individuality. At the present time, an opposite tendency seems to prevail, and the nations seem to be ad- vancing to unity. Our means of intellectual intercourse unite the remotest parts of the earth ; and men cannot remain strangers to each other, or be ignorant of what is taking place in any corner of the globe. The consequence is, that there is less diflPerence at the present day between the Europeans and their descendants in the New World, in spite of the ocean which divides them, than there was between certain towns in the thirteenth century, which were separated only by a river. If this tendency to as- similation brings foreign nations closer to each other, it must a foHiori prevent the descendants of the same peo- ple from becoming aliens to each other. The time will therefore come, when one hundred and fifty millions of men will be living in North America,* equal in condition, all belonging to one family, owing their origin to the same cause, and preserving the same civiliza- tion, 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 which the imagination strives in vain to grasp. There are at the present time two great nations in the world, which started from different points, but seem to tend towards the same end. I allude to the Russians and the Americans. Both of them have grown up unnoticed; ♦ This would be a population proportionate to tliat of Europe, taken at a mean rate of 410 inhabitants to the square league. FUTURE PROSPECTS OF THE UNITED STATES. 659 and whilst the attention of mankind was directed else- where, they have suddenly placed themselves in the front rank among the nations, and the world learned their exist- ence and their greatness at almost the same time. All other nations seem to have nearly reached their nat- ural hmits, and they have only to maintain their power; but these are still i„ the act of growth.* All the others have stopped, or continue to advance with extreme diffi- culty ; these alone are proceeding with ease and celerity aJong a path to which no limit can be perceived. The American struggles against the obstacles which nature op- poses to him; the adversaries of the Russian are men. rhe former combats the wilderness and savage hfe ; the latter,_civihzation with all its arms. The conquests of the Amenc^ are therefore gained by the ploughshare ; those of the Russian by the sword. The Anglo-American re- hes upon personal interest to accomphsh his ends, and gives free scope to the unguided strength and common senfe of the peop e ; the Russian centres all the authority of society ma single arm The principal instrument of the former ^W . ' A *\' '''''' '''^'''^'' Their starting-point IS different, and their courses are not the same; yft each of them seems marked out by the wiU of Heaven to swav the destmies of half the globe. END OF VOL. I.