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WIT

GEO

DEMOCRACY IN AMERICA.

ALEXIS DE TOCQUEVILLE,

AVOCAT A LA COVll KOYALE DE PARIS,
ETC., ETC.

jL <— WU^oH.T ^..^i\\

TRANSLATED BY

ipi[RY REjEVE, Esa.

WITH AN ORIGINAL PllE FACE" AND NOTES-

Kl*

BYJOHNC.SPENCEK,
counb<lllou at la\vv

NEW YORK:

GEORGE DEARBORN & CO., 38 GOLD STREET,
ADLARD AND SAUNDERS, 46 BROADWAY.

MDCCC

XXXVUk'. t

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District of New York.

WEW tork:
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NO. 112 FULTON-STKEET.

■#

':*•-

PREFACE TO THE AMERICAN EDITION.

The following work of M. De Tocqueville, has attracted great
attention throughout Europe, where it is universally regarded as a
sound, philosophical, impartial and remarkably clear and distinct
view of our political institutions, and of our manners, opinions and
habits, as influencing or influenced by those institutions. Writers,
reviewers and statesmen of all parties have united in the highest
coltmeplations of its ability and integi'ity. The people described
by a work of such a character, should not be the only one in
Christendom xxnacciuainted with its contents. At least so thought
many of our most distinguished men who have urged the publishers
of this edition, to reprint the work and present it to the American
liublic. They have done so in the hope of pi'omoting among their
countiymen a more thorough knowledge of their frames of govern-
ment, and a more just appreciation of the great principles on which
they are founded.

But it seemed to them, that a reprint in America of the views of
an author so well entitled to regard and confidence, without any
correction of the few errors or mistakes that might be found, would
be in effect to give authenticity to the whole work, and that foreign
readers especially, would consider silence under such circumstances
as strong evidence of the accuracy of its statements. The preface
to the English edition, too, was not adapted to this country, having
been written, as it would seem, in reference to the political questions
which agitate Great Britain. The publishers therefore applied to
the writer of this, to furnish them with a short preface and such
notes upon the text as might appear necessaiy to correct any
eiToneous impressions. Having had the hono^/tef a personal
acquaintance with M. De Tocqueville, while he was in this coun-
i

i»-

■i •

ti-y, having tliscussed with him many of the topics treated of in
this book, having entered deeply into the feelings and sentiments
which guided and ini})elled him in his task, and having formed a
high admiration of his character and of thia production, the writer
felt under some obligation to aid in procuring for one whom he
ventures to call his friend, a hearing from those who were the sub-
jects of his observations. These circumstances furnish to his own
mind an ajiology for undertaking, what no one seemed willing to
attempt, notwithstanding his want of practice in literary composi-
tion, and notwithstanding the impediments of professional avoca-
tions constantly recurring and interrupting that strict and continu-
ed examination of the work, which became necessary, as well to
detect any eiTors of the author, as any misunderstanding or mis-
representation of his meaning by his translator. If the same cir-
cumstances will atone in the least for the imperfections of what
the editor has contributed to this edition, and will serve to miti-
gate the severity of judgment upon those contributions, it is all lie
can hope or ask.

The ?totes, which will be found at the end of the volume, aio
confined, with very few exceptions, to the correction of what ap-
peared to be misapprehensions of the author in regard to somo
matters of fact or some principles of law, and to explaining his
meaning where the translator had misconceived it. For the latter
purpose, the original was consulted ; and it aflbrds gi*eat pleasure
to bear witness to the general fidelity with which Mr. Reeve has
transferred the author's ideas from French into English. He has
not been a literal translator, and this has been the cause of the
very few errors which have been discovered : but he has been
more and better: he has caught the spirit of Mr. De Tocqueville,
has understood the sentiment he meant to express, and has clothed
it in the language which Mr. De T. would have himself used, had
he possessed equal faculty in writing the English language.

There should have been references in the body of the work, to
the notes: but circumstances beyond control prevented. They
are so few, however, that no great inconvenience will result from
reading them detached from the subjects to which they relate.

Being confined to the objects before mentioned, the reader will

!L'

tiot find any comments on the theoretical views of our author. He
has tliscussotl many subjects on which very different opinions are
^entertained in tlie United States, but with an ability, a cando^mid
an evident devotion to the cause of truth, which will commend his
views to those who most radically dissent from them. Indeed,
readers of the most discordant opini(ms will find that he frequently
agrees with l>otli sides, and as frequently differs from them. As
an instance, his remarks on slavery will not Ik; found to coincide
throughout, either with abolitionists or with slaveholders : but they
will bo found to present a masterly view of a most perplexing and
interesting subject, which seems to cover die whole ground and to
lead to the melancholy conclusion of the utter imp otency of human
effort to eradicate this acknowledged evil. But on this, and on the
various topics of the deepest interest which are discussed in this
•work, it was thought that the American readers would be fully
competent to form their own opinions, and to detect any errors of
the author, if such there are, without any attempt by the present
editor, to enlighten them. At all events, it is to be hoped, that the
citizens of the United States will patiently read and candidly con-
sider the views of this accomplished foreigner, however hostile they
may be to their own pre-conceived opinions or prejudices. ^ He
says, — " there arc certain truths which Americans can only learn
from strangers, or from experience," Let us, then, at least listen
to one who admires us and our institutions, and whose complaints,
wlien he makes any, are, that we have not jx^rfected our own glo-
rious plans, and that there are some things yet to be amended.
We shall thus fumi.sh a practical proof, that ])ublic opinion in this
•country is not so intolerant as the author may be understood to re-
present it. Hov\'cver mistaken he may be, his manly appeal to our
-understandings and to our consciences, should at least bo heard.
*' If ever, (he says,) these lines arc read in America, I am well as-
sured of two things : in the first place, that all who peruse them
will raise their voice to condemn me : and in the second place, that
very many of them will acquit me at the bottom of their con-
science." He is writing on that very sore subject, the tyranny of
public opinion in the United States.

Fully to comprehend the scope of the present work, the author's

motive and olijcct in propnrinjT it, should ho distinctly kept in view.
Ho has not written for America, but for Franct?. " It was not,

then, merely to satisfy a le<ritimate curiosity, (he says,) that I have
examhied America : my wish has becm to find instruction by which
we mio-ht ourselves profit." " I sinit^ht the imagt^ of democracy
itself with its inclinations, its chai'acter, its prejudices, and its pas-
sions, in (»rder to learn wlat nr have to hope; or f«'i.r from its }n'0-
gress." He thinks that the pnnci])le of dcMnocracy has sprung into
new life throughout Em'ope, and jiarticuliirly in Frnnce, and that
it is advancing with a firm and steady mnrch to the control of all
civilized governments. In his own country, he had seen a recent
attcni2)t to rcpre.ss its energies within due bounds, and to prevent
the consequences of its excesses. And it seems to be a main object
with him, to ascertain whether these boinids can be relied upon,
whether the dykes and embiinkmenta of human conl 'vance can
keep within iuiy appointed channel, this mighty and majestic
stream. Cl'ving the fullest confidence to his declaration, that his
book " is written to favor no particular views, and with no design
of serving or attacking any party," it is yet evident that his mind
has been very open to receive mipressions unfavorable to the a<I-
mission into France of tlu; unbounded and unlimited democracy
which reigns in these United States. A knowledge of this inclina-
tion of his mind, will necessarily induce sonie caution in his readers
while perusing those parts of the work which treat of the effects
of our democracy ujion the stability of our government and its ad-
ministration. While the views of the author resjiecting the
application of the democratic ])rinci]ile in the extent that it exerts
with us, to the institut'ins of France, or to any of the European
nations, are of the utmost importance to the jieople and statesmen
of those countries, llicy are s( iircely less entitled to the attention
of Americans, He has exhibited, with admiralile skill, the causes
and circumstances which prepared our f(»refathei's, gradually, for
the enjoyment of free institutions, and which enabled them to sus-
tain, without abusing, the utmost liberty that was ever trnjoyed by
any people. In tracing these causes, in examining how far they
continue to influence our conduct, manners, and opinions, and in
Bearching for the means of preventing their decay or destruction,

the intelHjTont Amrvicnn reader will find nv* better guide than
M. Dk Tocquevilm',.

Fresh from the scenes of the "throe days" revolution in France,
the author came amnn<r us to ohserve carefully and critically the
operation of the new principli on which thu happiiujss (jf his ccmu-
try, iind as he seems to believe, tlie destinii'S of the civilized world
de2)end. Filled with the love of liberty but renu'inberhig the atro-
cities which in its name had been committed umler former dynasties,
at home, he sou'jrht to discover the means bv which it was reffulated
in Amei'ica and reconciled with social order. By his laborious
investigauons, and minute observations of the history of the settle-
ment of the country, and of its progress through the colonial state
to iiulependence, he fimnd the object of hisiiupiiry in the manners,
habits and opinions of a peoph? who had been gi'adually prepan.'d
by a long c(«urse of peculiar circumstances aiul by their local posi-
tiou, fcu" self-govermueut : and he has explained, with a pencil of
light, the mystcny that has ballU'd Eurf)peans, and perplexed Ame-
vicinis. He exhibits us, in our present condition, a new and, to
Eiuopeans, a strange people. His views of our political institu-
tions are more gi'ueral, comprehensive, and philosophic, than have
been })resenti;d by any writcu", domestic or foreign. He has traced
them from their source, democracy — the j)ower of the people — and
has steadily pursued this foundation-principle in all its t()rms and
modifications, — in tlu; frame of our govenunents, in their adminis-
tration by the ditl'erent executives, in our legislation, in the arrange-
ment of oui' judiciiiry, in our manners, in religion, in the freedom and
licentiausness of the press, in the iniluence t)f pid)lic opinion, and
in various subtle recesses, where its existence was scarcely suspect-
ed. In all these, he analyses and dissects the tendencies of demo-
cracy, heartily apjdauds where he can, and fiiithfully and independent
ly gives warning of dangers that he foresees. No one can read the
results of his observations, without better and clearer perceptions
of the structure f)f our governments, of the gi'eat pillars on which
they rest, and of the dangers to which they are exposed : nor with-
out a more jn-ofoimd and more intelligent admiration of the har-
mony and beatity of their formation, and of the safeguards provided
for preserving and transmitting them to a distant posterity. The

'1 II

f'1

l»'

via

more that general and imlcfinito notions of our own liberty, great*
nesa, happincHS, Sec, arc made to give place to precise and accurate
knowledge of the true merits of our institutions, the peculiar objects
they are cahuhited to attain or promote, and the means provided
for that ])urpose, the better will every citizen be enabled to dis-
charge his great political duty of guarding those means against the
ftp2)roach of corruption, and of sustaining them against the violence
of party commotions. No foreigner has ever exhibited such a
deep, clear, and coi-Tect insight of the machinery of our complicated
systems of Federal and State governments. The most intelligent
Europeans are confounded with our imjfcrium in imjjerio; and
their constant wonder is, that these systems are not continually
jostling each other. M. De Tocqukvili.e has clearly perceived,
and traced correctly and distinctly, the orbits in which they move,
and has described or rather defined our Federal govc-mment, with
.-an accurate precision, imsurpasscd even by any American pen.
There is no citizen of this country who will not dcn-ive instruction
from our author's account of our national government, or, at least,
who will not find his own ideas systematized and rendered more
fixed and precise by the perusal of that account.

Among other subjects discussed by the author, that of the poli-
tical influence of the institution of trial by jury, is one of the most
curious and interesting. lie has certainly jiresentcd it in a light
entirely new, and as injjjortant as it is new. It may be that he has
exaggerated its influence as " a gratuitous public school" : but if
he has, it will be readily forgiven.

His views of religion as connected with patiiotism, in other
words with the democratic principle, which he st(;adily keeps in
view, arc conceived in the noblest spirit of j)lnlanthroj)y, and can-
not fail to confinn the principles already so thoroughly and uni-
versally entertained by the American people. And no one can
read his observations on the union of " Church and State" without
a feeling of deep giatitude to the founders of our govornment, for
saving us from such a prolific source of evil.

These allusions to topics that have interested the writer, are not
intended as an enumeration of the various subjects which will ar-
rest the attention of the American reader. They have been men-

tion
feasi
It
of tl
beei
have
can
worl
com
are i

tinned rather with a view of exciting an appetite for the whole
feast, than as exhibitinjr the choice dainties which cover the board.
It remains only to observe, that in this edition the Constitntions
of the United States and of the State of New York, which had
been published at large in the original and in the English edition,
have been omitted, as they are documents to which every Ameri-
can reader has access. The map which the author aruiexed to his
work, has also been omitted, as being of little or no use in this
country, where those which arc much more full and more accurate,
axe in the hands of every one.
Ajn-il, 183S.

5)5

INTRODUCTION.

Amongst the 'novel objects tl-at attracted my attention during
my stay in the United States, nothing struck me more forcibly
than the general equality of conditions. I readily discovered the
prodigious influence which this primary fact exercises on the
whole course of society, by giving a certain direction to public
opinion, and a certain tenor to the laws; by imparting new maxims
to the governing powers, and peculiar habits to the governed.

I s])(!odily perceived that the influence of this fact extends far
beyond the political character and the laws of the country, and that
it has no less empire over civil society than over the Government;
it creates opinions, tnigenders sentinrents, suggests the ordinary
practices of life, and modifles whatever it does not produce.

The more I advanced in the study of American society, the
more I perceived that the (Mjuality of conditions is the fundamental
fact from which all others seem to be derived, and the central point
at which all my observations constantly terminated.

I then turned my thoughts to our own hemisphere, where I
imagined that I discerned something analogous to the spectacle
which the New AV^orld presented to me. 1 observed that the
equality of conditions is daily progressing towards those extreme
limits which it seems to have reached in the United States ; and
that the democracy which governs the Ameiican communities ap-
pears to be ra})idly rising into power in Europe.

I hence conceived the idea of the book which is now before the
reader.

It is evident to all alike that a gi'eat democratic revolution is
going on amongst us ; but there are two opinions as to its nature and
consequences. To some it appears to be a novel accident, which
11

XII

as such may still be checked ; to others it seems irresistible, be-
cause it is the most uniform, the most ancient, and the most perma-
nent tendency which is to be found in history.

Let us recollect 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 in-
habitants ; the right of governing descended with the family inherit-
ance from generation to generation ; force was the only means by
which man could act on man ; and landed property was the sole
source of power.

Soon, however, the political power of the clergy was founded,
and began to exert itself; the clergy opened its ranks to all classes,
to the poor and the rich, the villain and the lord; equality pene-
ti'ated into the Government through the Church, and the being
who as a serf must have vegetated in perpetiud bondage, took his
place as a priest in the midst of nobles, and not unfivquently above
the heads of kings.

The different relations of men became more complicated and
more numerous as society gradually became more stable and
moie civilized. Thence the want of civil laws was felt; and the
order of legal functionaries soon rose from the obscurity of the tribu-
nals and their dusty chambers, to a])pear at the court of the mo-
narch, by the side of the feudal barons in their ermine and their
mail.

Whilst the kings were ruining themselves by their great enter-
prises, and the nobles exhausting their resources by private wars,
the lower orders were enriching themselves by commerce. The
influence of money began to be perceptible in State attiiirs. The
transactions of business opened a new road to power, and the
financier rose to a station of political influence in which he was at
once flattered and despised.

Gradually the spread of mental acquirements, and the increas-
ing taste for literature and art, opened chances of success to talent ;
science became the means of govenmient, intelligence led to social
power, and the man of letters took a part hi tlu^ affairs of the State.

The value attacht;d to the privileges of birth decreased in the
exact proportion in which new paths were struck out to advance-

XIII

e being

ment. In the eleventh centuiy nobility was beyond all price ; in
the thirteenth it might be purchased ; it was conferred for the first
time in 1270 ; and equality was thus introduced into the Govern-
ment by the aristocracy itself.

In the course of these seven hundred years, it sometimes hap-
pened that in order to resist the authority of the Crown, or to di-
minish the power of their rivals, the nobles granted a certain share
of political rights to the people. Or, more frequently, the king
permitted the lower orders to enjoy a degi-ee of power, with the
intention of repressing the aristocracy.

In France the kings have always been the most active and the
most constant of levellers. When they were strong and ambitious,
they apai'cd no pains to raise the people to the level of the nobles ;
when they were temperate or weak, they allowed the people to
rise above themselves. Some assisted the democracy by their
talents, others by their vices. Louis XI. and Louis XIV. reduced
every rank beneath the throne to the same subjection ; Louis XV.
descended, himself and all his Court, into the dust.

As soon as land was held on any other than a feudal tenure, and
personal pi'operty began in its turn to co..fer influence and power,
every improvement which was introduced in commerce or manu-
facture was a fresh element of the equality of conditions. Hence-
forward every new discovery, every new want wliich it engendei'-
ed, and every new desire which craved satisfaction, was a step to-
wards the universal level. The taste for luxury, the love of war,
the sway of fasliion, the most superficial as well as the deepest pas-
sions of the human heart, co-operated to enrich the poor and to
impoverish the rich.

From the time when the exercise of the intellect became the
souice of strength and of wealth, it is impossible not to consider
every addition to sciejice, every fresh truth, and every new idea as
a germ of power placed within the reach of the people. Poetiy,
elofpienct; and memory, the grace of wit, the glow of imagination,
tlie depth of thought, and all the gifts which are bestowed by Pro-
vidence with an ecjual hand, turned to the advantage of the demo-
cracy ; and even when they were in the possession of its adversa-
ries, they still served its cause by throwing into relief the natural

I' 1

XlV

Iji

I ill

greatness of man ; its conquests spread, therefore, with those of
civilization and knowledge; and literature became an arsenaj,
where the poorest and weakest could always find weapons to their
hand.

In perusing the pages of our history, we shall scarcely meet with
a single great event, in the lapse of seven hundred years, which
has not turned to the advantage of equality.

The Crusades and the wars of the English decimated the nobles
and divided their possessions : the erection of communes introduced
an element of democratic liberty into the bosom of feudal mo-
narchy; the invention of fire-aiTOs equalized the villain and the no-
ble on the field of battle ; printing opened the same resources to
the minds of all classes; the post was organized so as to bring the
same information to the door of the poor man's cottage, and to the
gate of the palace ; and Protestantism proclaimed that all men
are alike able to find the road to heaven. The discovery of Ame-
rica offered a thousand new paths to fortune, and placed riches and
power within the reacirof the adventurous and the obscure.

If we examine what has happened in France at intervals of fifty
years, beginning with the eleventh century, we shall invariably per-
ceive that a twofold revolution has taken place in the state of so-
ciety. The noble has gone down on the social ladder, and the
roturicr has gone up; the one descends as the other rises. Every
half-century brings them nearer to each other, and they will very
shortly meet.

Nor is this pha?nomenon at all peculiar to France. Whitherso-
ever we turn our eyes we shall witness the same ccmtinual revolu-
tion throughout the whole of Christendom.

The vaiious occuiTences of national existence have everywhere
turned to the advantage of democracy ; all men have aided it by
their exertions: those who have intentionally •iui.ujrotl' in its cause,
and those who have served it unwittingly ; tnose win irave fi)ught
for it, and those who have declared themselves its opjianents, — have
all been driven along in the same track, have all i«Jk)red to one
end, some ignorantly and some unwillingly; all have been blind
instr".ments in the hands of God.

The gradual development of the equality of conditions is there-

lose of
irsenaj,
to their

let with
, which

J nobles
L-oduced
dal mo-
the no-
urces to
ring the
A to the
all men
)f Ame-
;hcs and

s of fifty
ihly per-
:c of so-

ind the
Every

ill very

litherso-
revolu-

•y where
ed it hy
s cause,

fought
, — have

to one
en blind

is there-

f(7re a providential fact, and it possesses all the characteristics of
a Divine decree : it is universal, it is durable, it constantly eludes
all human interference, and all events as well as all men contribute
to its jjrogress.
ii Would it, then, be wise to imagine that a social impulse which
dates from so far back, can be checked by the efforts of a genera-
tion 1 Is it credible that the democracy which has annihilated the
feudal system and vanquished kings, will respect the citizen and
the cajiitalist ? Will it stop now that it is grown so strong, and its
adversaries so weak 1

None can say which way we are going, for all terms of compari-
son are wanting : the equality of conditions is more complete in the
f; Christian countries of the present day, than it has been at any time,
or in any part of the world; so that the extent of what already
' exists prevents us from foreseeing what may be yet to come.
a The whole book which is here offered to the public has been

written under the impression of a kind of religious dread j^roduced
,J in the author's mind by the contemplation of so irresistible a revo-
lution, which has advanced for centuries in spite of such anjazing
' obstacles, and which is still proceeding in the midst of the ruins it
\ has made.

i It is not necessary that God himself should speak in order to dis-

j close to us the unquestionable signs of his will ; we can discern
them in the habitual course of nature, and in the invaiiable tendency
of events : I know, without a special revelation, that the 2)lanets
move in the orbits traced by the Creator's finger.

If the men of our time were led by attentive observation and by
sincere reflection, to acknowledge that the gradual and progressive
development of social equality is at once the past and future of
their history, this solitary truth would confer the sacred character
of a divine decree upon the change. To attempt to check demo-
cracy would be in that case to resist the will of God ; and the na-
tions would then be constrained to make the best of the social lot
awarded to them by Providence.

The tUiristian nations of our age seem to me to present a most
alarming spectacle ; the impulse which is bearing them along is so
strong that it cannot be stopped, but it is not yet so rapid that it

I')

xvi

cannot be guided : their fate is in their hands ; yet a little while
and it may be so no longer.

The first duty which is at this time imposed upon those who di-
rect our affairs is to educate the democracy ; to warm its faith, if
that bo possible ; to purify its morals ; to direct its energies ; to
substitute a knowledge of business for its inexperience, and an ac-
quaintance with its tme interests for its blind propensities ; to adapt
its government to time and place, and to modify it in compliance
with the occurrences and the actors of the age.

A new science of politics is indispensable to a new world.
This, however, is what we think of least ; launched in the middle
of a rapid stream, we obstinately fix our eyes on the ruins which
may still be descried upon the shore we have left, whilst the cun-ent
sweeps us along, and drives us backwards toward the gulf.

In no country in Eui'ojie has the great social revolution which I
have been describing made such rapid progress as in France ; but
it has alv. ays been borne on by chance. The heads of the State
have never had any forethought f»u' its exigencies, and its victones
have been obtained without their consent or without their know-
ledge. The most powerful, the most intelligent, and the most moral
classes of the nation have never attempted to connect themselves
with it in order to guide it. The p « o|)t « has consequently been
abandoned to its wild jjropensities, and it has grown uj) like those
outcasts who receive their education in the public streets, aad who
are unacquainted with aught but the vices and wretchedness of so-
ciety. The existence of a democracy was seemingly unknown,
when on a sudden it took possess^ion of the supreme power.
Everthing was then submitted to its caprices ; it \\as worshipped
as the idol of strength ; until, when it was enfeebled by its own
excesses, the legislator conceived the rash project of annihilating
its power, instead of instructing it and correcting its vices ; no at-
tempt was made to fit it to govern, but all were bent on excluding
it from the Government.
/ The consequence of this has been that the democratic revolution
/ has been effected only in the material parts of society, without that
' concomitant change in laws, ideas, customs and manners which
waa necessary to render such a revolution beneficial. Wc have

no at-
:luding

-rU^a* ^*

nil ^'^^^^iU^^^-^^

jottcnk democracy, but without tho conditions vvliicli lessen its
vices and render its natural advantages more prominent ; and al-
though we already j>erceive the evils it brings, we are ignorant of
the benefits it may confer.

While the power of the Crown, supported by the aristocracy,
peaceably governed the nations of Europe, society possessed, in the
midst of its wretchedness, several different advantages which can
now scarcely be appreciated or conceived.
^ The power of a part of his subjects was an insurmountable bar-

• rier to the tyranny of the prin<;e ; and the monarch who felt the
almost divine character whi(;li lie enjoyed in the eyes of the multi-
tude, derived a motive for the just use of his power from the respect
which he inspired.

High as they were placed above the people, the nobles could
not but take that calm and benevolent interest in its fate which the
shepherd feels towards his flock ; and without acknowledging tho
poor as their equals, they watched over the destiny of those whose
welfai'o Providence had entrusted to their care.

The people, never having conceived the idea of a social condition
different from its own, and entertaining no expectation of ever rank-
ing with its chiefs, received benefits from them without discussing
their rights. It grew attached to them when they were clement
and just, and it submitted without resistance or servility to their
exactions, as to the inevitable visitations of the arm of God. Cus-
tom, and the manners of the time, had moreover created a species
of law in the midst of violence, and established certain limits to
oppression.

As the noble never suspected that any one would attempt to de-
prive him of the privileges which he believed to be legitimate, and
as the serf looked upon his own inferioiity as a consequence of the
immutable order of nature, it is easy to imagine that a mutual ex-
change of good-will took place between two classes so differently
gifted by fate. Inccjuality and wretchedness were then to be
found in society ; but the souls of neither rank of men were de-
graded.

Men are not coiTupted by the exercise of power or debased by
the habit of obedience ; but by the exercise of a power which they

XV III

believe to 1)0 i]k\o;al, aiul by obedience to a rule which they coii-
t-ider to bt? usurped and oppressive.

On one side was wealth, strength, and leisure, accomi>anied by
the relinenients (if luxury, the elegance of tast(% the pleasures of
wit, and the nOigion of art. On the other was laboDl^nd a rndo i
icrnorance : but in the midst of this coarse and itjnorant multitude,
it was not uncommon to meet with energetic passions, gemu'ous
sentiments, profound religious convictions, and independent vir-
tues.

The body of a State thus organifcd might boast of its stability,
its power, and, above all, of its glftry.

Hut the scene is now changi-d, and gi'adnally the two raidis
n ingle ; the divisions which once severed mankind are lowered ;
property is divided, pctwer is held in connnon, tlu! light of intcdli-
gence spreads, and the capacities of all classes are equally cidtiva-
ted ; the State becomes democratic, and tlu^ empire of democracy
is slowly and peaceably introduced into the institutions and the
manners of the nation.

I can conceive a society in which all men would profess an equal
attachment and respect for the laws of which they arc the common
authors ; in which the authority of the State would be respected
as necessary, though not as divine ; and the loyalty of the subject
to the chief magistrate would not be a passion, but a (piiet and
rational persuasion. Every individual being in the ])ossession of
rights which ho is sure to retain, a kind of manly reliance and re-
ciprocal courtesy would arise between all classes, alike removed
from pride and meamiess.

The people, well acquainted with its true interests, would allow,
that in order to profit by the advantages of society, it is necessary
to satisfy its demands. In this state of things, the voluntary asso-
ciation of the citizens miglit supply the individual exertions of the
nobles, and the community would be alike protected from anarchy
and from oppression.

I admit that in a democratic State thus constituted society will
not be stationary ; but the impulses of the social body may be re-
gulated and directed forwards; if there be less splendoimjian in
the halls of an aristocracy, the contrast of misery will be less frc-

qucn
thos(
jierl
])etu(
nutio
In
fices

■)

XIX

thoy con-

)aiiie(l by
asiires of
11(1 ci rudo •
nultltutlo,

JTCIUM'OUS

ulent vir-

stability,

i\() nuiks
lowered ;
of intoUi-
y cultiva-
cmocracy
I and the

an eqnal
common
•espected
e sidyect
niet and
ssion of
e and rc-
removcd

Id allow,
ccessary
iry asso-
\s of the
anarchy

iety will
y he re-
l^an in
less fre-

quent also ; the pleasm-es of enjoyment may be less excessive, but
those of comfort will be more general ; the sciences may be less
perfectly cultivated, but ignorance will bo less common ; the im-
petuosity of the feelings will bo repressed, and the habits of the
nation softened ; there will bo more vices and fewer crimes.

In the absence of enthusiasm and of an ardent faith, gi'eat sacri-
fices may be ol)tained from the members of a commonwealth by an
ap])oal to their understandings and their experience : each indivi-
dual will feel the same necessity for uniting with his fellow-citizens
to protect his own weakness ; and as he knows that if they are to
assist he must co-ojierate, he will readily perceive that his 2)ersonal
interest is identified with the intensst of the community.

The nation taken as a wlioh;, will be less brilliant, less glorious,
and perhaps less strong; but the majority of the citizens will enjoy
a greater degi-ee of prosperity, and the people will remain quiet,
not because it despairs of amelioration, but because it is conscious
of the advantages of its condition.

If all the consequences of this state of things wei'c not good or
useful, society would at l(!ast have appropriated all such as were
useful and good ; and having once and for ever renounced the so-
cial advantages of aristocracy, mankind would enter into possession
of all the benefits which democracy can aflbrd.

lint here it may be asked what we have adopted in the place of
those institutions, those ideas, and those customs of our forefathers
which we have abanchmed.

The spell of royalty is broken, but it has not been succeeded by
the majesty of the hiws ; the people has learned to despise all au-
thf^rity, but fear now extorts a larger tribute of obedience than that
which was formerly paid by reverence and by love.

I perceive that we have destroyed those independent beings
which were able to cope with tyranny single-handed ; but it is the
Government that has inherited the privileges of which families, cor-
porations, aiul individuals have been di>prived ; the weakness of
the whole community has therefore succeeded to that influence of
a small body of citizens, which, if it was sometimes oppressive, was
often conservative.

The division of property has lessened the distance which sepa-
iii

t'»'-

3CX

rated tlic rich from t\w poor ; but it would scu.-m tlmt tlio nearer
they draw to each other, the greater is their mutual hatred, and
the more vehement the envy and the dread with which they resist
each other's chiims to power; the noti(m of [fight is alike insensible
to both classes, and Force affords to both the oidy argument fur the
present, and the only guarantee for the future.

The poor man retains tlu; prejudices of his forefathers without
their fiiith, and their ignorance without their virtues ; lu; has adopt-
ed the doctrine of self-interi'st as the rule of his actions, without
luiderstanding the science which controls it, and his egotism is no
less blind than his devotedness was formerly.

If society is traufpiil, it is not because it relies upon its strength
and its well-being, but becaui^e it kiu)ws its weakn(;ss and its in-
firmities : a single effort nuiy cost it its '.ife ; everybody feels the
evil, but no one has couriige or energy enough to seek the cure ;
the desires, the regi'et, the soiTOws, and the joys of the time pro-
duce nothing that is visibli- or pi^rmanent, like the passions of old
men which terminate in impotence.

We have, then, abandoned whatever advantages the old state of
things afforded, without receiving any comjjensation from our pre-
sent condition ; having destroyed an aristocracy, we seem inclined
to survey its ruins with complacency, and to fix our abode in the
midst of them.

The phaenomena which the intelh'ctual world presents are not
less deplorable. The democracy of France, checked in its course
or abandoned to its lawless passions, has overthrown whatever
crossed its path, and has shaken all that it has not destroyed. Its
empire on society has not been giadually introduced, or peac-eably
established, but it has constantly advanced in the mid.'it of disorder
and the agitation of a conflict. In the heat of the struggle each
partisan is hunied beyond the limits of his opmions by the opinions
and the excesses of his opponents, until he loses sight of the end
of his exertions, and holds a language which disguises his real sen-
timents or secret instincts. Hence arises tlie strange confusion
which we are witnessing.

I cannot recall to my mind a passage in history more worthy of
sorrow and of pity than the scenes which uie happening under our

xxt

10 nearer
It rod, and
lioy resist
insensible
LMit for the

s without
lias adopt-
s, without
(tisiu is no

s strcncfth
iiid its in-
I feels the
the cure ;
time pro-
ons of old

lid state of
in our pre-
m inclined
ode in the

its are not
1 its course
1 whatever
•oyed. Its
: peaceably
of disorder
uggle each
lie opinions
of the end
is real sen-
! confusion

I worthy of
r under our

jpyes; it is as if tlie natural bond which unites the opinions of man
to his tastes, and his actions to his principles, was now broken ;
the sympathy wliich has always been acknowledged between the
feelings and the ideas of mankind appears to be dissolved, and all
the laws of moral analogy to be abolished.

Zeahms Chrislians may be found amongst us, whose minds are
nurtured in the love and knowledge of a future life, and who readi-
ly esj)ouse the cause of human liberty, as the source of all moral
greatness. Christianity, which has declared that all men are equal
in the sight of God, will not refuse to acknowledge that all citizens
are equal in the eye of the law. But, by a singular concourse of
civents, religion is entangled in those institutions which democracy
assails, and it is not unfie(]uently brought to reject the equality it
loves, and to curse that cause of liberty as a foe, which it might
hallow by its alliiince.

JJy the side of these religious men I discern others whose looks
are tuiiied to the earth more than to heaven ; they are the partisans
of liberty, not only as the source of the noblest virtues, but more
especially as the root of all solid advantages ; and they sincerely
desire to extend its sway, and to impart its blessings to mankind.
It is nntural that they should hasten to i^ivoke the assistance of re-
ligion, for they must know that liberty cannot be established with-
out morality, nor morality without faith; but they have seen religion
ill the ranks of their adversaries, and they inquire no further; some
of them attack it openly, and the remainder are afraid to defend it.

in former ages slavery has been advocated by the venal and
slavish-minded, whilst the iude])endent and the warm-hearted were
struggling without hope to save the liberties of mankind. But men
of high and generous characters are now to be met with, whose
opiniims arc at variance with their inclinations, and who praise
that servility which they have themselves never known. Others,
on the contrary, speak in the name of liberty, as if they were able
to feel its sanctity and its majesty, and loudly claim for humanity
those rights which they have always disowned.

There are virtuous and peaceful individuals whose pure morality,
quiet habits, affluence, and talents fit them to be the leaders of the
surrounding population ; their love of their country is sincere, and

f.
IM

XMi

lliijy uro |)ro])iir('(l to mnkv tlio i^rciitcst, sncrinccs to its wt'lfiiro,
but they confomul tlu^ ahii.sr.s of civiliziitioii witli its Ix^nt'tits, niid
the idea of evil is insrj)anil)lu in tliuir minds from that of iiov(*lty.

Not f;ir from this clnsfl is aiiothor party, whoso object is to ma-
toiialifc! iiiJiiikiiid, to hit ii])on what is cxjx'dient without heeding
what is just, to ai'([uire knowlculi^e without faitli, and ])ros))erity
aj)art from virtue ; assumiui^ the title of the chamitioiis of moch-rn .
civih/ation, and jdariiiij; themselves in a station wliicii tlicy usurp
with insolenee, and fr(mi which tliey are (hiven by tlieir own un-
worthiness.

AN'here are we then ?

The rehi^ionists are the enemies of liberty, and the friends of
liberty attack reliirion ; th(' hit>h-minded and the noble advocate
subjection, and the meanest and most servile minds preach inde-
pendence ; honi'st and enllnhfeiu'd citizens arc opj)osed to all pro-
gi'css, whilst men without patriotism and without principles are the
apostles of civilization and of intelliucnce.

Has such been the fate t»f the centuries which have preceded our
own i and has man always inhabitcMl a world, like the ])res(Mit,
where nothin-'' is linked toocther, where virtue is without u:<Miius,
and genius without hono|^ where the love of order is confounded
with a taste for o])j)ression, and the holy rit(>s of freedom with a
contempt of law ; where the liyht thrown by conscience on human
actions is dim, smd when; nothing se(>ms t(» be any longer forl»idden
or allowed, hoi^^ble or shameful, false or true '.

I cannot, howevi'r, believe that the (.'reator nr.ide man to leave
him in an endless struggle with the intellectual miseries winch sur-
round us : trod destines a calmer and a more certain future to the
communities of Europe ; I am imac(iuainted with his designs, but
I shall not cease to believe in them bi-cause I cann(tt fathom them,
and I had rather mistrust my own capacity than his justice.

There is a country in the world where the gieat revolution
which I am speaking of seems nearly to hav(? reached its natural
limits ; it has been efl'ected with ease and sim])licity, say rather
that this country has attained the consequences of the democratic
revolution which we arc undergoing, without having expeiienced
the revolution itself.

XXIII

Av'i'lfnrp,
irfita, niul
f novelty,
is to ma-
t hoodiiif;
•rospcrity
)t' modern
liey usurp

own un-

friends of
' ndvocato
each indc-
to nil pro-
lies are the

needed our

w present,

mt sjenius,

Dnf'ounded

iin witli a

1)11 human

f'orltidden

to leave
which sur-
nre to the

si<>iis, hut
i(»m them,

revolution
ts natural
say rather \
:lemocratic 5
kpeiienced J

The emiffrnnts wlio fixed themselves on i^ie shores of America
in the l)e<j;iniiinir of tlu^ seventeenth cen* . . iiovered the democra-
tic jtrinciple from all the principles tvlii( r ' uressed it in the old
conniuinilics of l^urope, and traiisplaut(!il it iiiudloyed to the New
World, it has there heen allowed to spri-iid in peifect freedom,
and to pur, forth its conse(|uonces in thu laws by iiiihujucing the
manners of the country.

It a])pears to nu^ heyond a douht that sooner or hiter we sludl
arrive, like tlu^ Anuuicans, at an almost com])let{^ e((uality of con-
ditions. Mut I do not conclud(! from tliis, that we shall (!ver bo
necessarily led to draw the same; politicid conse(iuences which the
Amei'icans have derived from a similar social oitfanization. 1 am
far from siipposiiiij^ that they have chosen the only form of <tovcrn-
ment which a democracy may adopt; but the identity of tlu; eHi-
cient cause of laws aiul mnnners in tlu! two countries is sullicient
to account for the immense interest we have in becoming ac-
quainted with its ed'ects in each of them.

It is not, then, merely to satisfy a legitimate cui'iosity that I have
examined America; my wish has been to find instruction by which
we may ourselves ])rolit. Whoever should imngine that I have
intended to write a jiiuu'u'yric would he stranifely n.istaken, and
on reading this book he will jxureive that siich w;is not my de-
sign : nor has it been my object to advociitt^ any form of govern-
ment in particidar, for I am of o[)inion that absolute excellence is
rarely to be fi)und in any legislation ; I have not even affected to
discuss whether the socini rev»>lution, which I believe^ to be irre-
sistible, is advantageous or prejudicial to mankiiul ; 1 have acknow-
led'j^ed this revolution as ii fact already accomplished or on the eve
of its accomjilishmeut; and 1 havi; selected tlu^ nation, from
amongst those which have undergone^ it, in which its (^evelojimcnt
has been the most peaceful and the most complete, in order to dis-
cern its natural conse«|Ucnces, and, if it be possible, to distinguish
the means by which it mtiy be rendered prolitable. I confess that
in America I saw more than America; 1 sought the imacre of de-
mocracy itself, with its inclinations, its (haracter, its prejudices,
and its passions, in order to leani what we have to fear or to hope
from its progress. ^

1']

I'-

XXiV

In die first part of this work I have attempted to show the ten-
dency given to the laws by the democracy of America, which is
abandoned ahiiost without restraint to its instinctive propensities ;
and to exhibit the course it })rescribes to the Government and the
influence it exercises on affairs. 1 have sought to discover the
evils and the advantages which it produces. I have examined the
jirccautions used by the Americans to .^irect it, as well as those
which they have not adopted, and I have undertaken to point out
the causes which enable it to govern society.

It was my intention to depict, in a second part, the influence
which the ecjuality of conditions and the rule of democracy exer-
cise on the civil society, tlie habits, the ideas, and the manners of
the Americans ; I Ix'gin however, to feel less aVo m' mrihe accom-
plishment of this projecjt, since the excellent work of my friend
and travelling companion M. de Beaumont has been given to the
world.* I do not know whether 1 have succeeded in making
known what I sa^v in America, but I am certain that such has
been my sincere desire, and' that I have never, knowingly, mould-
ed facts to ideas, instead «.)f ideas to facts.

Whenever a point could be established by the aid of written
documents, I have had recourse to the original text, and to the
most authentic and approved work.s.t I have cited my authorities
in the notes, and any one may refer to them. Whenever an opin-
ion, a i)olitical custom, or a remark on the manners of the country
was concerned, I e w i len ^ orod t o consult the most ennglitened men
1 met with. Jf the point in question was important or doubtful, I
was not satisfied with one testimony, but 1 formed my opinion on
the evidence of several witnesses. Here the reader mu^tnecessa-

* This work is entitled Marie, on I'Esclavage aiix Etats-Unis.

i Legi-ilative and administrative documents liave been furnished me witii a de-
gree of i)o!iteness which I sliall always remember wilii gratitude. Amongst the
American fnnctionaries wiio ihns favnTed my inqniritss I am [)iond to name Mr.
Edward Livingston, then Secretary of State, and hite American Minister at Paris.
During my stay at lh(! Session of Congress, Mr. Livingston was kind enough to
furnish me with tlie greater part of the documents I possess rel.itive to liie Fede-
ral Goverinnent. Mr. Livingston is one of those rare individuals whom one
loves, respects, and admires from their writings, and to whom one is huppy to in-
cur the debt of gratitude on fiutheifeucquuintance.

XXV

the ten-
whicli is
tensities;
t and the
;over the
lined the

as those
point out

influence
acy exer-
anners of
le accom-
ny friend

en to the
1 making

such has
y, niould-

if written

id to the

Lithorities

an opin-

country

ncd men

jubtful, 1

inion on

necessa-

with ri (Ic-
moiiji;st the

iiiuiic Mr.
tor .It Paris.

enough to

(he Fodt-
whom one
iippy to in-

rily beheve mo upon my word. I could frr quently have quoted
names which are eitlier known to him, or which deserve to be so,
in proof of what I advance ; but I have carefully abstained from
this practice. A stranger frequently hears important truths at the
fire-side of his host, which the latter would perhaps conceal even
from the car of friendship ; he consoles himself with his guest for
the silence to which he is restricted, and the shortness of the tra-
veller's stay takes away all fear of his indiscretion. I carefully
noted every conversation of this nature as soon as it occurred, but
these notes will never leave my writing-case ; I had rather injure
the success of my statements than add my name to the list of those
strangers who repay the generous hospitality they have receiv' d
by subsequent chngrin and annoyance.

I am aware that, notwithstanding my care, nothing will be easier
than to criticise this book, if any one ever chooses to criticise it.

Those readers who may examine it closely will discover the fun-
damental idea which connec'ts the several parts together. But the
diversity of the subjects I have had to treat is exceedingly great, and
it will not be difficult to oppose an isolated fact to the body of facts
which 1 quote, or an isolated idea to the body of ideas I put forjh.
I hope to be read in the spirit which has guided my laboyjmid
that my book may be judged by the general imjiression it leaves,
as I have formed my own judgment not on any single reason, but
upon the mass of (nidence.

It must not be forgotten that the author who wishes to be under-
stood is obliged to push all his ideas to their utmost theoretical
consequences, and often to the verge of what is false or impracti-
cable ; for if it be necessary sometimes to (juit the rules of logic in
active life, such is not the case in discotu>'e, and a man finds that
almost as many diffic.ilties spring from inconsistency of language,
as usually arise from consistency of conduct.

I conclude by pointing out myself what many readers will con-
sider the principal defect of the work. Tlii:-' book is written to fa-
voW lu) particular views, and in composing it 1 have entertained no
design of serving or attacking any jiarty : 1 have undertaken not
to see differently, but to look further than parties, and whilst they
are busied for the morrow, 1 have turned my thoughts to the
i'uture.

'Mil

Pre FA
Intiodi

Exteri(

Origin

fiiiiii

111

Social I
Tl

The pri

Necessi
Unioi
Tl.
Lin
All
E\\
Pill
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Political

TABLE OF CONTENTS,

Prkfack by the American Editor .....

Introduction - - - - ■ • - . ■

CIIAPTEU I.

Exterior form of Nortli America .....

CIIAPTEU, H.
Origin of tlic Anglo-Americans, and its inii)()rtance in relation to their
fninre condition .......

Ri-asons of certain anomalies which the laws and customs of the
Anglo-Americans present .....

^CHAVTER III.

Social condition of the Anslo-Aincricans ....

The striking cliara"*eri<tic of the social condition of the Anglo-Arae-
ricatis is its essential J)niiiociacy ....

political consetiuenees of the social condilion of the Anglo-Ame-
ricans ...--...

niAPTl]!?. IV.
The principle of the sovereignty of the people in America

CIIAPTKIJ Y.

Necessity of examining the condition of the Sitates before that of the
Union at large - ......

The American system of townships and municipal bodies

Limits of the townsiiips ......

Anthcrities of the township in New England

Existence of the township ......

Public spirit of the townships of New England

The counties of New England - - . . .

Administration in Mew England .....

General remarks on the Administration of the Unit id States

Of the State --.....

Legislative power of the State .....

The executive power ol'tiic State .....

Political etVects of the system of local administration in the United
States --......

CIIAPTEK \'I.
Judicial power in the United Stales, and its inlluence on political
society --.-....

Other powers granted to the American .Tiidse-i ...

CriAPTKll \ll.
Polllical jurisdiction in the United States - . . .

Page,
iii
xi

28
23
35

3t3

39
4[
43

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XXVlll

CHAPTER VIII. Page.

The Federal Constitution - - - - - - 90 ^

History of the Federal Constitution .... 91

Summary of the Federal Constitution .... 93

Prerogative of tlie Federal Government .... 94

Federal Powers ---.-.. 96

Legislative Powers ---... 96
A ftntlier dillbrence between the Senate and the House of Repre-

sentativesi ...... -99

The executive power ...... 100

Ditlereiices between tlio position of the President of the United

States and that of a Constitutional King of France - - 102
Accicl-^'ital causes which may increase the influence of the Executive

Government --..... 105

Why the President of the United States does not require the ma-
jority of the two houses in order to carry on the Govermneut 106
Election of llie President - - - - . -107

]\Iode of elec'tiou - - - . - . .Ill

Crisis of tlie election ...... 114

Ke-e!ec:ii()ii of t.'ie President • - - - .116

Federal Courts - - - - . - . llrf

Rleans of ilcterniiuiiiir the jurisdiction of the Federal Courts - 1-'

Dill'erent cases of jiiiisdiciion ..... I'i3

Procedure of tlio I'eilcrai Courts ..... I"i7

High rank of the Supreme coinls amongst the great powers of the

State ........ 130

In what respects the Federal Constitution is superior to that of the

States ... . . . . 132

Characteristics which distinguish tlie Federal Constitution of the

I'liited Slates of Auii-rica from all otiit.'r Federal Constit(Ui()ns - 13G
Advantages of the Federal system in general, and its special utdity

in America ....... 139

"NViiy the I'ederal system is imt adapted to a'l peoples, and how the

Anglo Americans were enabled lo adopt it - - - 145

(VEIAPTER IX.

^Vhy the People may strictly hv. said to govern in the United States - 153

CIIAPTKll X.

Parties in the I'nited States 154

v.'Tlemains of the Aristocratic party in the United States - - . 159

(MIAPTKK, XI.

Liberty of the press in the United States. 161

CHAI'TER XII.

Political associations in the I'nited States ...... 170

('HAPTini XIII.

Govermneut of the Democracy in AuKMiea . - - - - 178

Universal SiillV.ige - -. 179

Choice of the I'eople, and instinctive prelVrenccs of the American

Democracy ...---.... 179
Caii-;t's which may partly correct tliese tendencies of the Demo-
cracy ..".' 182

Inliiii'iice wiiich tlie American Democracy has exercised on the

laws relating to elections - 185

Public ollicers under tiie control of the Democracy in America - lti7
Arbitrary jjower of Magistrates under the rule of the American

Democracy 189

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XXIX

Page.

91
93
94
96
96

99
100

102

105

106
107
111
114
116
llrf
1>1
1-23
1-^7

130

132

130

139

145

153

154

159

161

170

17S
179

17a

182

1H5

lti7

1S9

Instability of the Administration in the United States ...

Cliarges levied by the State under the rule of the American Demo-
cracy ....-.--

Tendencies of the American Democracy as regards the salaries of
pubiic olHcers .... - - -

DiHiculty of distin^nishins the causes which contribute to the oeco-
notuy of the American Cio\ eminent . . - -

Wl)elher the cxpetiditure of liie United States can be compared to
that of F'raiice

Corruption and vices oftlie rulers ni a Democracy, and consequent
effects upon pulilic morality

F.lTorts of wlii(^h ;i Democracy is capable - . . . -

S<;lf control of the American Democracy .....

Conduct of Foreign Affairs, by the American Democracy

/ CHAPTER XIV.

/What the real advantages are which American Society derives from the
Governmeiu of ihe Democracy ....-.-
General tendency of tiie laws under the rule of the American De-
mocracy, and habits of those who apply them . - . -

Public s])irit in the United Stales -

Notion of rights in the United States ■ „ . . .

Respect for the law in the United States - . - . .
Activity wiiich pervades all the branches of the body politic in the
United States; inlluence wiiich itexercises upon Society -

CHAPTER XV.

^ Unlimiled power of the majoriiy in the United States, and its con-
Bccpieiices -- -- -- .-.-.

llow ilic unlimited power of the majority increases in America, the

instability of li'gislatiou mlierent in Democracy . . .

Tyriiimy of the iiiajorily ... .....

EllVcis of the uiiiimitcil power of the majority upon the arbitrary
aiillidrily of the American public ollicers . . . .

Power exercised by tlie majority in America upon public opinion
ElltM ts of the tyranny of the majoriiy upon the national character
,- of the Americans .-......,

/Tlie gieatest dangers of the American Kepublics proceed from the
unlimia'd power of the majority - .....

CHAP'J'EK XVI.

v'' Causes whicii mitigate the tyranny of the majority in the United -'tates.
Absence of ('eiitral Administration ......

The I'rofession of the Law in the United States serves to counter-
poise th(; Denmciacy ........

Trial by Jury in the United Slates considered as a political institu-
tion ...........

CHAPTER XVH.

Principal causes which tend to maintain the Democratic Republic in the

United States

Accidental or Providential causes whicli contribute to the niainte-
- / nance of the Deinoera-lic Kepnblic in the United States

Intliiciicc of the 'aws upon the maiiiiciiainc of the Democratic Re-
/ public in the United Slates .......

/ Iiiiliii'iic(> of maiiiie. upon liie maintenance of the Democr itic U(>-
piibiic in the United ."^tales .......

Reliiiiciii cdiisiih^red as a political iiistitutioii, which [)owerfiillv con-
tributes to Ihe mainlenance of the Democratic liepublic amongst
the Americans

I
1/

Page.
191

19:i

197

199

SCO

2(15

y(i7

'J 10

217

218
'2>-i
225
228

230

235

238
240

243
244

247

250

252
252

253

261

268
269
279
280

281

fit*

XXX

InJirect influence of religious opinions upon political society in the
United Stiites

Principal causes which render religion powerAil in America

How the instruction, the hahits, and the practical experience of the
Americans promote tiio success of their Democratic institutions

The laws contrihiite more to the maintenance of the Democratic
Repuliiic in the United States than the physical circumstances of
the country, and the manners more than the laws

Wluitlier laws and manners arc sntlicient to maintain Democratic
iiistitntions in other countries hesides America ....

Importance of what precedes with rcs})ect to the State of Europe

(CHAPTER XVIII.

The present and probable future condition of the three Races which in-
habit the territory ol" the United States

Tlie present and probable future condition of the Indian Tribes

which inhai)it the territory possessed by the Uni >n .
Situation of the Clack I'o[)ulation in the I'liited States, and dangers
with which Its presence threatens the Whites ....
What are the chances in fivor ofthe duration of the American Union

and what dangers threaten it

Ofthe Republican instiiutions ofthe United Slates, and what their
ch:inccs()l"(hnMtion are ........

Reflections on the causes ofthe commercial prosperity ofthe United

States

Conclusion ,..;.......

Appendix • . •

Notes by the American Editor

Page.

2P4
289

296

300

304

307

312 i

318 '■

326 t

3G2

396

North I

401

the

409

Revo

415

Coloi

441

Amer

^Van.

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grand

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Page,

284
289

296

300

304
307

DEMOCRACY IN AMERICA.

312

318

326 u '

3G2

396

401
409
415
441

CHAPTER I.

EXTERIOR FORM OF NORTH AMERICA.

North AiTiP'"ica divided into two vast regions, one inclining towards tlio Pole,
the otlicr towards tiio Equator. — Valley of the Mississippi — Traces of the
Revolutions of the Glohe. — Shore of the Atlantic Ocean, where the English
Colonies were fonnded. — DitVerence in the appearance of North and of South
America at the time of their discovery. — Forests of North America. — Prairies.—
Wandering Tribes of Natives. — Their outward appearance, manners, and lan-
: guagc. — Traces of an unknown people.

; North Ai^ierica presents in its external form certain general
features which it is easy to discriminate at the first glance.

A sort of methodical order seems to have regulated the sepa-
ration of land and water, mountains an-1 valleys. A simple but
grand arrangement is discoverable amidst the confusion of ob-
ijects and the prodigious variety of scenes.
] Tliis Continent is divided, almost etiually, into two vast re-
igions, one of which is bounded, on the north by the Arctic
•|Polc, and by the two great Oceans on the east and west. It
Istretches towards the south, I'orming a triangle, wiiose irregular
Jisides meet at length below the great lakes of Canada.
} The second region begins where the other terminates, and
fincludes all the remainder of the continent.
I Tlie one slopes gently towards the Pole, the other towards
Ithe liquator.

! Tiie territory comprehended in the first region descends
Jtowards the north with so imperceptible a slope, that it may al-
nost be said to form a level plain. Within the bounds of this
mmense tract of country there are neither high mountains nor
Icep valleys. Streams meander through it irregidarly ; great
ivers mix their currents, separate and meet again, disper<je and
*orra vast marshes, losing all trace of their channels in the

i.v

labyrinth of waters they have themselves created ; and thus at
ieii'Tthv after inmiinerable wlnflini^s, 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.
Tlieir banks are flat, and rise but a few feet above the level of
their waters ; each of them thus forming a vast bowl filled to the
brim. The slightest change in the structure of the globe woidd
cause their waters to rush either towards the Pole or to the
Tropical Sea.

The second region is more varied on its surface, and better
suited for the habitation of man. Two long chains of mountains
divide it from one extreme to the other; the Alleghany ridge
takes the form of the shores of the Atlantic Ocean ; the other
is parallel with the I'acific.

The space which lies between these two chains of mountains
contains 1, 341,641) square miles.* Jts surface is therefore
about six times as great as that of France.

This vast territory, however, ibrms a single valley, one side
of which descends gradually from the rounded summits of the
Alleghanies, while the other rises in an uninterrupted course
towards the tops of ihe Rocky Mountains.

At the bottom of the valley Hows an immense river, into
which the various streams issuing from the mountains fall from
all parts. In memory of their native land, the French formerly
called this river the St. Louis. The Indians, in their pompous
language, have named it the Father of Waters, or the Missis-
sippi.

The Mississippi takes its source above the limit of the two
great regions of which I have spoken, not far from the highest
point of the table-land where they unite. Near the same spot
rises another river, t which empties itself into the Polar seas.
The course of the Mississij)pi is at first dubious : it winds sev-
eral times towards the north, from whence it rose ; and at
length, after having been delayed in lakes and marshes, it fiows
slowly onwards to the south.

Sometimes quietly gliding along the argillaceous bed which
nature has assigned to it ; sometimes svvoln by storms, the
Mississippi waters 2,500 miles in its course.^ At the distance
of 1,'3G4 miles from its mouth this river attains an average depth
of fifteen feet ; and it is navigated by vessels of 300 tons burden
for a course of nearly 500 miles. Fifty-seven large navigable

* ' Darby's View of tlie United States.' t The Red River.

i Warden's ' Description of the United States.'

rivers contribute to swell the waters of the Mississippi ; amongst
others, the Missouri, which traverses a space of 2,5UU miles, the
Arkansas of 1,'')()U miles, the Reel River 1,000 miles ; four
whose course is from 800 to 1,000 miles in length, viz. the Illi-
nois, the St. Peter's, the St. Francis, and the Moingona; besides
a countless multitude of rivulets which unite from all parts their
tributary streams.

The valley which is watered by the Mississippi seems formed
to be the bed of this mighty river, which like a god of antiquity
dispenses both good and evil in its course. On the shores of the
stream nature displays an inexhaustible fertility ; in [iroportion
as you recede from its banks, the powers of vegetation languish,
the soil becomes poor, and the plants that survive have a sickly
growth. Nowhere have the great convulsions of the globe left
more evident traces than in the valley of the Mississippi : the
whole aspect of the country shows the powerful ell'ects of water,
both by its fertility and by its barrenness. The waters of the
primaeval ocean accumulated enormous beds of vegetable mould
in the valley, which they levelled as they retired. Upon the
right shore of the river arc seen immense plains, as smooth as
if the husbandman had passed over them with his roller. As
you approach the mountains, the soil becomes more and more
unequal and sterile ; the ground is, as it were, pierced in a
thousand places by primitive rocks, which appear like the bones
of a skeleton whose llesh is partly consumed. The surface of
the earth is covered with a granitic sand and huge irrcgidar
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 ex-
amination, 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, after-
wards carried away portions of the rocks themselves ; and these,
dashed and bruised against the neighboring clilis, were left
scattered like wrecks at their feet.*

The Valley of the Mississippi is, upon the whole, the most
magnificent dwelling-place prepared by God for man's abode;
and yet it may be said that at j)resent it is but a mighty desert.

On the eastern side of the Alleghanies, be'wcen the
base of these mountains and the Atlantic Ocean, there lies
a long ridge of rocks and sand, which the sea appears to have
left behind as it retired. The mean breadth of this territory

|^ i

See Appendix, A.

'■"^

docs not exceed one hundred miles ; but it is about nine hun-
dred miles in length. This part of the American continent
has a soil which oilers every obstacle to the husbandman, and
its vegetation is scanty and unvaried.

Upon this inhospitable coast the first united efforts of human
industry were made. This tongue of arid land was the cradle
of those English colonies which were destined one day to be-
come the I'nited States of America. The centre of power still
remains there ; whilst in the backward States the true elements
of the great people to whom the future control of the continent
belongs are secretly springing up.

When the Europeans first landed on the shores of the Antilles,
and afterwards on the coast of South America, they thought
themselves transported into those fabulous regions of which
poets had sung. The sea sparkled with j)liosphoric light, and
the extraordinary transparency of its waters discovered to the
view of the navigator all that had hitherto been hidden in the
deep abyss.* Here and there appeared little islands j)crfumed
with odoriferous plants, and resembling baskets of llowers,
floating oil the trancpiil surface of the ocean. Kvcry object
which met the sight, in this enchanting region, seemed prepared
to satisfy the wants, or contribute to the pleasures of man. Al-
most all the trees were loaded with nourishing fruits, and those
which were useless as food, delighted the eye by the brilliancy and
variety of their colors. In groves ol" fragrant lenion-trccs, wild
figs, flowering-mvrtles, acacias, and oleanders, w liich w ere hung
with festoons of various climbing-plants, covered w ith /lowers,
a multitude of birds unknown in Mnrope displayed their bright
plumage, glittering with purple and axure, and mingled their
warbling in the harmony of a world teeming with life and
motion.!

Underneath this brilliant exterior, deati? was concealed. The
air of these climates had so enervating an induence, that man,
completely absorbed by the present enjoyment^ was rendered
regardless of the future.

iVorth America appeared under a very (lin'ercntasjicct: there,
everything was grave, serious, and soleum ; it seemed created
to be the domain of intelligence, as the South v, as that of sen-

* i\I;ilte r5rnii tcll^ iis (vol. v. \). 720,) that llie water oT llu; (^iril)l)o:in sea is so
traiis|)areiit, tliat cDials and lisli are disocnjilde at a ili.'])tli of sixty lailioms. Tlit'
ship seemed to lloat in air, tlio navif^ator hecanie ,','i(ldy as his eye penetrated
throngh the crystal Mood, and bejield submarine i.Mrdens, or budb ol' shells, or gilded
fishes ghding among tufts aud Uiickets of sea-weed.

t See Appendix, B.

The

sual delight. A turbulent and foggy ocean washed its shores.
• It was girded round by a belt of granitic rocks, or by wide
}ilains of sand. 'J'hc loliage of its woods was dark and gloomy ;
for they were composed of firs, larches, evergreen oaks, wild
olive-trees, and laurels.

Beyond this outer belt lay the thick shades of the central
forests, where the largest trees which are j)roduced in the two
hemispheres grow side by side. The piano, the catalpa, the
sugar-maple, and the Virginian poplar, n)lngled their branches
with those of the oak, the beech, and the lime.

In these, as in the forests of the Old World, destruction was
perpetually going on. 'LMic 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 ; tiiey crept along their bending trunks, found nourishment
in their dusty cavities, and a passage beneath the lifeless bark.
Thus decay gave its assistance to life, and their respective pro-
ductions were mingled together. The depths of these ibrests
were gloomy and obscure, and a thousand rivulets, luidirected
in their course by human industry, preserved in them a constant
moisture. Jt was rare to meet with llowers, wild fruits, or birds,
beneath their ?^hades. The fall of a tree overthrown by age,
the rushing torrent of a cataract, the lowing of the bullalo, and
the howling of the wind, were the only sounds which broke the
silence of nature.

To the east of the great river, the woods almost disappeared ;
in their stead were seen prairies of immense extent. W bother
Nature in her iulinito variety had denied the germs of trees to
tliesi.' fertile plains, or whether they had once been covered
with forests, sid)se(piently destroyed by the hand of man, is a
question which neitlier tradition nor scientilic research has been
able to resolve.

Those immens(> deserts were not, howev(>r, devoid of human
inhabitants. Some wandering tribes had been for ages scatter-
ed among the forest shades or the green pastures of the prairie.
From the mouth of the St. Lawrence to the Delta of the Mis-
sissippi, and from the Atlantic to the Pacific Ocean, th.ese
savages possessed certain points of resemblance which bore
witness of their common origin : hut at the same time they dif-
fered from all otlier known races of men :* they were neither

* Willi tlio iiroirrcss of discovery, some rosoiiiManco has been found to exist be-
tween the physical conformation, the language, and the habits of the Indians of

I] 1.

I'. I

white like the Europeans, nor yellow like most of the Asiatics,
nor black like the ne^j^roes. Their skin was reddish brown,
their hair long and shining, their lips thin, and their cheekbones
very prominent. The languages s|)oken by the North American
tribes were various us far as regarded their words, but they
were subject to the same grammatical rules. These rules dif-
ferred in several points from such as had, been observed to
govern the origin of language.

The idiom of the Americans seemed to be the prodiict of new
combinations ; and bespoke an ellbrt of the understanding, of
which the Indians of our days would be incapable.*

The social state of these tribes dilfered also in many respects
from all that was seen in the Old World. They seemed to
have multiplied freely in the midst of their deserts, without
coming in contact with other races more civili'/.ed 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 with ignorance and rudeness
among nations which, after advancing to civilization, have re-
lapsed into a state of barbarism. The Indian was indebted to
no one but himself; his virtues, his vices, and his prejudices
were his own work; he had grown up in the wild independence
of his nature.

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 dally contact with rich and en-
lightened men. The sight of their own hard lot and of their
weakness, which are daily contrasted with the happiness and
power of some of their fellow-creatures, excites in their hearts
at the same time the sentiments of anger and of fear : the con-
sciousness of their inferiority and of their dependence irritates
while it humiliates them. This state of mind displays itself in
their manners and language ; they arc at once insolent and
servile. The truth of this is easily proved by observation ; the
oeople are more rude in aristocratic countries than elsewhere ;
in opulent cities than in rural districts. In those places where

North America, and tliose oftlie Toni,'onH, Mjintchous, Moiinln, Tartars, and other
wandering trihcs of Asia. The land occupitid hy these tribes is not very distant
from Behriiiji's Strait; wliich allows of the supposition, that at a remote period
they gave iniialjitants to the desert eontinent of America. Hut this is a ])oint which
has not yet heen clearly elucidated by science. Hee Malte Brun, vol. v. ; the
works of Humboldt ; Fischer, ' Conjecture 3ur I'Origine des Amtricains' ; Adair,
'History of the American Indians.'
* See Appendix, C.

the rich and po^
indigent feel tli
Tillable to perc
they give up to
dignity of hum

This unfortu
observable in
ignorant and pt

At the perioi
natives of Nort
and indidcrent
to himself by
coarse in their
and a kind of s

Mild and ho

beyond any ki

expose himself

who asked adii

could tear in \

his prisoner.

examples of m

more intractal

former times a

Europeans pr

upon the shon

neither envy ii

such men as v

out wants, sul

song at tlic i

human family

tcr world, am

oftlie univcrs

were in gener

* We learn fr
among the Iroipn
or to survive the
ancient Romans
l.'iO, he tells us ih
hands of his enei
obtain death at tl

t See 'Histoii
de la Nouvelle F
American Philos
190. Whatissa
merit oftlie writ

{ See Appenc

the rich and powerful arc assembled together, the weak and the
indigent feci themselves oppressed by their inferior condition.
Unable to perceive a single chance of regaining their equality,
they give up to despair, and allow themselves to fall below the
dignity of hunian nature.

This unfortunate effect of the disparity of conditions is not
observable in savage life : the Indians, although they are
ignorant and poor, arc equal and free.

At the period when Europeans first came among them, the
natives of North America were ignorant of the value of riches,
and indidbrent to the enjoyments which civilised man procures
to himself by their means. Nevertheless there was nothing
coarse in their demeanor ; they practised an habitual reserve,
and a kind of aristocratic politeness.

iSnid and hospitable when at peace, though merciless in war
beyond any known degree of human ferocity, the Indian would
expose himself to die of hunger in order to succor the stranger
who asked adinittanre by night at the door of his hut, — yet he
could tear in j)ieccs with his hands the still quivering limbs of
his prisonei'. The famous republics of antiquity never gave
examples of more unshaken courage, more haughty spirUs, or
nioro intractable love of independence, than were hiducn in
lornicr times among the wild forests of the New World.* The
Europeans j^roduccd no great impression when they landed
upon the shores of North America : their presence engendered
neither envy nor fear. Wl)at influence could they possess over
such men as we have described t The Indian could live with-
out wants, suller without complaint, and pour out his death-
song at tlic stake.t Like all the other members of the great
human family, these savages believed in the existence of a bet-
ter world, and adored, under dill'erent names, God, the creator
of the universe. Their notions on the great intellectual truths
were in general simple and philosophical.|

* We learn from President Jeft'eraon's 'Notes upon Virginia,' p. 148, that
among tlie Iroquois, wiien aUaciied by a superior force, aged men refused to Hy,
or to survive the destruction of tlieir country ; and they braved death liiie the
ancient Romans wiien tlieir capital was sacked by the fiauls. Further on, p.
l.j(), lie tells us that there is no example of an Indian, wim, iiaving fallen into the
hands of his enemies, begged for his life ; on the contrary, the captive sought to
obtain death at the hands of his concpierors by the use of insult and provocation.

t See ' Ilistoire de la Louisiane,' by Lepage Dupratz; Charlevoix, ' Histoiro
de la Nouvelle France;' ' Lettres dii Rev. G. Ilecwelder;' ' Transactions of the
American Philosophical Society,' v. 1. ; Jefferson's ' Notes on Virginia,' p. 135 —
190. What is said by Jefferson is of especial weight, on account of the personal
merit of the writer, and of the matter-of-fact age in wliich he lived.

t See Appendix D.

laii
Mi

'i ,1
I)

Although we have here traced the charac' of a primitive
people, yet it cannot be doubted that anott ** people, more
civilized and more advanced in all respects, hud preceded it in
the same regions.

An obscure tradition which prevailed among the Indians, to
the north of the Atlantic, informs us thar these very tribes for-
merly 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, tnmtili raised by the hands of
men. On exploring these heaps of earth to their centre, it is
usual to meet with human bones, strange instruments, arms and
utensils of all kinds, made of a metal, or destined for purposes,
unknown to the present race.

The Indians of our time are unable to give any information
relative to the history of this uidinown people. Neither did
those who lived three hundred years ago, when America was
first discovered, leave a:iy accounts from which even an hypo-
thesis could be formed. Tradition, — that perishable, yet ever-
renewed monument olthe pristine world, — throws no light upon
the subject. It is an undoubted fact,- however, that in this part
of the globe thousands of our fellow-beings had lived. When
they came hither, what was their origin, their destiny, their
histoi'y, and iiow they perished, no one can tell,

How strange does it appear that nations have existed, and
afterwards so completely disappeared from the earth that the
remembrance of their very names is ell'accd : their languages
are lost ; their glory is vanished like a sound without an echo ;
but perhaps there is not one which has not left behind it a tomb
in memory of its })assage. The most durable monument of
human labor is that which recalls the wretchedness and nothing-
ness of man.

Although the vast country which we have been describing
was inhabited by many indigenous tribes, it maj' justly be said
at the time of its discovery by Europeans to have formed one
great desert. The Indians occupied, without possessing it. It
is by agricultural labor that man appropriates the soil, nr.d the
early inhabitants of North America lived by the produce of the
chase. Their implacable prejudices, their uncontrolled pas-
sions, their vices, and still more })erliaps their savage virtues,
consigned them to inevitable destruction. The ruin of these
nations began from the day when Europeans landed on their
shores : it has proceeded ever since, and we are ncv witnessing
the completion of it. They seem to have been placed by

Providencj
for a seaso|
mirably ac
r 'p rivers
vviiole conl
a great nai
In that ll
man, of th^
it was (herj
or deerr.od
the worla ll

J ORIGIN OF
I RELATIC

Utility of knov
and tliL'irlii'
people hiis
Ikitisli Am
alltlie Euro
Coloiii/.atK
ol'ine liisl ii
Bocialeoiitr
f.irvoUf'li'
spirit of libi

After tin
ly spent in
up the wo
(MJters inK
first time,
'. virtues of
This, il

lii lU

providence amidst the riches of the New World to enjoy them
for a season, and then surrender them. Tiicse coasts, so ad-
mirably adapted for commerce and industry ; those wide and
f -p rivers ; that inexhaustible valley of the Mississippi ; the
vvJiole continent, in short, seemed prepared to be the abode of
a great nation, yet unborn.

In that land the great Dxperiment was to be made by civilized
man, of the attempt to construct society upon a new basis ; and
it was there, for the first time, that theories hitherto unknown,
m deen.ad impracticable, were to exhibit a spectacle for which
the worla has not been prepared by the history of the past.

CHAPTER II.

ORIGIN OF THE ANGLO-AMERICANS, AND ITS IMPORTANCE IN
RELATION TO THEIR FUTURE CONDITION.

Utility of knowing the origin of nations in order to understand their social condition
and their iasvs. — America the only country in which the starting-p'int of agreat
people has been clearly ob)ierval)le. — In what respects all who emigrated to
British America were similar — in what they difi'er^:' — Remark applicable to
ail the Europeans who established ihemselveson the shores of the New World. —
Coloiii/iition ol" Virginia. — Colonization of New England. — Original character
ofliie tirst inhabitants of New I'ngland — Their arri val.— Their first Ir.ws — Their
Hocial contract. — I'enal code borrowed from the Hebrew legislation. — Religious
fervot/|^Ke|)iiblicau spirit. — Intimate union of the spirit of religion with the
sj)iril of liberty.

? After the birth of a human being his early years are obscure-
ly spent in the toils or pleasures of childhood. As he grows
lip the world receives him, when his manhood begins, and lie
enters into contact with his follows. He is then studied for the
fust time, and it is imagined that the germ of the vices and the
virtues of his mnturer years is then formed.
This, if J ^in not mistakei., is a great error. We must be-

') ■'

gin higher up ; we miist watch the infant in his mother's arms ; j-udeness <
we must see the first images which the external world casts upon cnou^ h to
the dark mirror of his mind ; the first occurrences which he to be acci
witnesses ; we must h.^ar the first words which awaken the removed i
sleeping powers of thought, and stand by his earliest efibrts, if jnen of oi
we would understand the prejudices, the habits, and the pas- prcdecessc
sions which will rule his life. The entire man is, so to speak,
to be seen in the cradle of the child.

The growth of nations presents sometliing analogous to this ;
they all bear some marks of their origin ; and the circumstances
which accompanied their birth and contributed to their rise,
aflect the whole term of their being.

If we were able to go back to the elements of states, and to
examine the oldest monuments of thei'- history, I doubt not thai | people wil
we should discover the primary cause of the prejudices, the I germ of al
habits, the ruling passions, and in sliort of ali that constitutes | to almost i

\ The ciY
^ territory i
with prevailing manners, oC siirh laws as conllict with establish-
ed [)rinci|)les, and of such ' i-i "ui opinions as are here and
there to be met with in socli , v, i.Ke those (iai>nients of broken

given us

allowed iv.

iWorld whi

If we c;i

irica after

r convinced

I even say i

wiiat IS called the national eharaeter: we should then find the
explnnation ol' certain customs which now seem at variance

chains which we sometimes see hanging (Voni the vault of an

? each othei
thev gove
these i
they were
guage is j

edifice, and supporting nothing. This jnight explain the des- .J
tinies of certain nations which seem borne along by an luiknown I unite man
force to ends of which they themselves are ignorant. But | they were
hitherto facts have been wanting to researches of this kind : the
spirit of inquiry has only come upon comnuinitics in their latter
days; and when they at length turned their attention to con-
template their origin, time had already obscured it, or ignorance
and pride adorned it with truth-concealing fables.

America is the only country in which it has been possible to
witness the natural and tranquil growth of society, and where
the influence exercised on the future co 'iiti > i ol" states by tlieir
origin is clearly distinguishable.

At the period when the peoples of Ei: i <» '■nded in the New
World, their national characteristics were ri.r<' uly eomjiletely
formed; each of them had a physiognomy of its own ; and as
they had already attained that stage ol' civilization at which
men are led to stiuly themselves, they have transmitted to us a
faithful picture of their opinions, their manners, and their laws.
The men of the sixteenth century are almost as well known to
us as our contemj)oraries. America consequently exhibits in
the broac! light of day the phanom? .. ■ which the ignorance or reived a <

which had
tion, and
place then
eilucatiou
more con>
true freed(
poraries.
system, th
in the liaL
sovereign
bosom of
The re
world wci
der of thi
inhabitani
came arp
been inci

r s arms ;
astsupon
vhich he
aken the
efforts, if
the pas-
o speak,

IS to this;
m stances
heir rise,

, and to
, not that
ices, the
)nstitiitcs

fiiul the
variance
stablish-
licre and

broken
lit of an
the des-
in known
It. Ikit
ind : the
nr latter
to con-
iiorancc

ssible to
d where
by tlieir

the New
npletely

and as
t which

to us a
ir laws,
lown to
ibits in
ance or

tudeness of earlier ages conceals from our researches. Near
'^nou^h to the time when the states of America were founded
fto be accurately acquainted with their elements, and sufficiently
♦removed from that period to judge of some of their results, the
jnen of our own day seem destined to see further than their
predecessors into the series of human events. Providence has
given us a torch which our forefathers did not possess, and has
allowed us to discern fundamental causes in the history of the
hvorld which the obscurity of the past concealed from them.

If we carefully examine the social and political state of Ame-

Irica after having studied its history, we shall remain perfectly

convinced that not an opinion, not a custom, not a law, 1 may

even say not an event, is upon ren)rd which the origin of that

J people will not explain. The readers of this book will find the

■ germ of all that is to follow in the present chapter, and the key

to almost the whole work.

The emigrants who came at difterent periods to occupy the
territory now covered by the American Union, dill'ered from
each other in many respects ; their aim was not the same, and
they governeil themselves on different principles.

These men had, however, certi.in features in common, and
they were all |»laced in an analog(Mis situation. The tie of lan-
guage is })erhaps the strongest and the most durable that can
unite maidiind. All the emigrants spoke the same tongue;
they were all offsets from the same pco|)le. Born in a country
which had been agitated for centuries by the struggles of fac-
tion, and in which all parties had been obliged in their turn to
place themselves under the protection of the laws, their political
education had been [)erfected in this rude school, and they were
more conversant with the notions of right, and the principles ot
true freedom, than the greater [)art of their biUropean contem-
poraries. At the period of the first emigrations, the parish
system, that fruitfid germ of free institutions, was deeply rooted
in the habits of the English ; and with it the doctrine of the
sovereignty of the people had been introduced even into the
bosom of the monarchy of the House of Tudor.

The religious (piarrels which have agitated the Christian
world were then rile. JCugland had j)lunged into the new or-
der of things with headlong vehemence. The character of its
iidmbitants, which had always been sedate and rellecting, be-
came argumentative and austere. General information had
been increased by intellectual debate, and the mind had re-
reived a deeper cultivation. Whilst religion was the topic of

^itiil

'■1

discussion, the morals of the people were reformed. All these
national features are more or less discoverable in the pliysiog-
nomy of those adventurers who came to seek a new home on
the opposite shores of the Atlantic.

Another remark, to which we shall hereafter have occasion
to recur, is applicable not only to the English, but to the
French, the Spaniards, and all the Europeans who successively
established themselves in the New World. All these European
colonics contained the elements, if not the devejopjoitnli of a
complete deniocracy. Two .cail5£§. '^d to this result. It m.ny
salely be aclvance^, that r a leaving the modicr-country the
' ^emigrants had in general l[iio notion of superiorit}- over one
^ ianotherTJ^ The happy and the powerful do not go into exile,
and there are no surer guarantees of equality among men than
poverty and misfortune. It happened, however, on several oc-
casions that persons of rank were driven to America by jioliti-
cal and religious quarrels. Laws were made to establish a gra-
y ' dation of ranks; but it was soon found thatjUie soil of America
-' jwas entirely opposed to a territorial aristocracy'Ti To brintr
that refractory land into cultivation, the constant and interested
exertions of the owner himself were necessary ; and when the
ground was prepared, its produce was found to be insuflicicnt
to enrich a master and a farmer at the same time. The land
was then naturally broken up into small portions, which the
proprietor cultivated for himself. Land is the basis of an aris-
tocracy, which clings to the soil that su|)ports it ; lor it is noi
by privileges alone, nor by birth, but by landed property hand-
ed down from generation to generation, that an aristocracy is
constituted. A nation may present immense fortunes and ex-
treme wrctchedne? ; but uidess those fortunes are territorial,
there is no aristocracy, but simj)ly the class of the rich and that
of the poor.

All the British colonies had then a great degree of similarity
at the epoch of their settlement. All of them, from their first
begirming, seemed destined to witness the growth, not of the
aristocratic liberty of their mother-country, but of that freedom
of the middle an(l lower orders of which the history of the world
has as yet furnished no complete example.

In this general uniformity several striking diHerences were
however discernible, which it is necessary to point out. Two
brandies may be distinguished in the Anglo-American family
which have hitherto grown up without entirely commingling ;
the one in the South the othe. in the ISorth.

All these

I pliysiog.
home oil

occasion
lU to tho
fcessivel)'
Kuropcaii
lUUi of a
It may
iintry the

over one
nto exile,
men than
?veral oc-
by politi-
ish a gra-
" America
To bring
interested
ivhcn the
isuflicient
rhe land
■hich the
i' i\\\ aris-
r it is not •
rty hand-
ocracy is ■}

and ex- ;
?rritorial,
I and that

similarity
their first
ot of the
: freedom
the world

ices were
t. Two
n family

ingiintj ;

Virginia received the first English colony ; the emigrants
took possession of it in 1607. The idea that mines of gold and
silver are the sources of national wealth was at that time sin-
gularly prevalent in Europe ; a fatal delusion, which has done
more to impoverish the nations which adopted it, and has cost
more lives in America, than the united influence of war and
bad laws. The men sent to Virginia* were seekers of gold,
adventurers without resources and without character, whose
turbulent and restless spirits endangered the infant colonyt and
rendered its progress uncertain. The artisans and agricultu-
rists arrived afterwards ; and although they were a more moral
and orderly race of men, they were in nowise above the level of
the inferior classes in England.:): No lofty conceptions, no in-
tellectual system directed the foundation of these new settle-
ments. The colony was scarcely established when slavery was
introduced, § and this was the main circumstance which has ex-
ercised so prodigious an influence on the character, the laws,
and all the future prospects of the South. ^^OA'ewKZ- L/Nvjoi//?

Slavery, as we shall afterwards show, dishonors labor; it in-
troduces idleness into society, and, with idleness, ignorance and
pride, luxury and distress, it enervates the powers of the mind,
and benumbs the activity of man. The Influence of slavery,
united to the English cliaractcr, explains the manners and the
social condition of the Southern States.

In the North, the same English foundation was modified by
the most opposite shades of character ; and here I may be al-
lowed to enter into some details. The two or three main ideas
which constitute the basis of tho social theory of the United
States were first combined in the Northern British colonies,

* Tlie cliiirter grantPil by tlie Crown oT rnslniKl in IHO!) stipulatcfl, amongst
other conclitioim. that t!io adventurers slionlcl |)ay to the Crown, a tifth of the
produce of all gold and silver nnnes. See MarshalPs ' Life of Washington, vol. i.
p. 18-ti().'

t A large ])ortion of the adventurers, says Stitli, (History of Virgiiii i,) were iin-
prineipled yonng men of fain ly, whom their parents were glad to siiip olf, dis-
charged servants, fraiidnleiit haidirnpts, or del) iiiohees : and others of the same
class, people more apt to |)illa<:e and destroy tlian to assist the settlement were
the seditions chiefs who easily led this hand into every kind ol' e.\travagance and
excess. Se<i for the history of Virginia the followin works: —

' History of Virginia, from the fust Settlements in the year U5'24,' by Smith.

'History of \'irginia,' by William Slilli.

' History of Virginia, from the (earliest period,' by Beverley.

t It was not till some time later that a certain number of rich English capitalists
cann; to fix themselves in ilie colony.

ij Slavery was introduced ahont the year IGOO by a Dutch vessel which lauded
twenty negroes on the banks of the river Jamea. See Chaluier,

h
r

'i II

If *

" J

more generally denominated the states of New England.* The
principles of New JLngland spread at first to the neighboring
states ; they then passed successively to the more distant ones;
and at length they imbued the whole Confederation. They
now extend their influence beyond its limits over tlie whole
American world. The civilization of New England has been
like a beacon lit upon a hill, which after it has diiliiscd its
warmth around, tinges the distant horizon with its glow.

The ibundation of New England was a novel spectacle, and
all the circumstances attending it were singular and original.
Tiie large majority of colonies have been first inhabited either
by men without education and without resources, driven by
their poverty and their misconduct from the land which gave
them birth, or by speculators md adventurers greedy of gain.
Some settlements cannot even boast so honm'able an origin ;
St. Domingo was founded by buccaneers ; and, at the present
day, the criminal courts of England supply the population of
Austialia.

The settlers who established themselves on the shores of New
England all belonged to the more independent classes of their
native country. Their union on the soil of America at once
presented the singular phainomenon of a society containing
neither lords nor common people, neither rich nor poor. These
men possessed, in proportion to their number, a greater mass
of intelligence than is to be found in any European nation of
our own time. All, without a single exception, had received
a good education, and many of them were known in Eurof^e for
their talents and their acquirements. The other colonies had
been founded by adventurers without family ; the emigrants of
New England brought with them the best elements of order
and morality, they landed in the desert accompanied by their
wives and children. But what most especially distinguished
them was the aim of their undertaking. They had not been
obliged by necessity to leave their country, the social position
they abandoned was one to be regretted, ai.d their means of
subsistence were certain. Nor did they cross the Atlantic to
improve their situation or to increase their wealth ;'llie call
which sunnnoncd them from the comforts of their homes was
purely intellectual ; and in facing the inevitable sufferings of
exile, their object was the triumph of an idcjuj.

* The States of New England are those situated to the East of the Hudson ;
they are now six in number: 1. Coiniecticut; 2. llliode Island; 3. 31assa-
chussetts; 4. Vcrtaoiil; 5. New Hampshire; C. AJaiue.

Thee

Pilgrims,
principle
tanism w
in many
can theoi
dangeroi]
mother-c
posed to
forth to s
where thi
worship (
A iew (
pious adv
ton,* the
opens his
"Ge
"Ihav
incumben
have had
signall del
of this P
gracious (
ments the
Sacred Sc
fathers ha
cur child
the Lord
the child
ber his me
plantin
his mouth
that He a
for it and
(Psalm Ix
guided his
planted th
precious G
have the u
rays of glc
were the i
terprise."

* ' New E
History,' vol

The emigrants, or, as they deservedly styled themselves, the
Pilgrims, belonged to that English sect, the austerity of whose
principles had acquired for them the name of Puritans. Puri-
tanism was not merely a religious doctrine, but it corresponded
in many points with the most absolute democratic and republi-
can theories. It was this tendency which had aroused its most
dangerous adversaries. Persecuted by the Government of the
mother-country, and disgusted by the habits of a society op-
posed to the rigoi^fof their own principles, the Puritans went
forth to seek some rude and unfrequented part of the world,
where they could live according to their own opinions, and
worship God in freedom.

A few quotations will throw nriore light upon the spirit of these
pious adventurers than all we can say of them. Nathaniel Mor-
ton,* the historian of the tirst years of the Settlement, thus
opens his subject :
" Gentle Reader,

" I have for some length of time looked upon it as a duty
incumbent, especially on the immediate successors of those that
have had so large experience of those many memorable and
gignall demonstrations of God's goodness, viz. the first beginners
of this Plantation in New England, to commit to writing his
gracious dispensations on that behalf; having so many induce-
ments thereunto, not onely othei-wise, but so plentifully in the
Sacred Scriptures : that so, what we have seen, and what our
fathers have told us, (Psalm Ixxviii. 3, 4,) we may not hide from
cur children, shewing to the generations to come the praises of
the Lord ; that especially the seed of Abraham his servant, and
the children of Jacob his chosen (Psalm cv. 5, 6,) may remem-
ber his marvellous works in the beginning and progress of the
planting of New England, his wonders and the judgements of
his mouth ; how that God brought a vine into this wilderness ;
that He cast out the heathen and planted it ; that he made room
for it and caused it to take deep root ; and it filled the land
(Psalm Ixxx. 8, 9.) And not onely so, but also that He hath
guided his people by his strength to his holy habitation, and
planted them in the mountain of his inheritance in respect of
precious Gospel-enjoyments : and that as especially God may
have the glory of all unto whom it is most due ; so also some
rays of glory may reach the names of those blessed Saints, that
were the main instruments and the beginning of this happy en-
terprise."

* ' New England's Memorial,' p. 13.
History,' vol. ii. p. 440.

Boston, 1826. Sea also ' Hutchinion'a

f I

•J • ■'■•

1;' »

:n:'H

■\- ;;i

It i.s impossible to read this opening paragraph without an in-
voluntary feeling of religions awe ; it breathes the very savo|^(V.
of Gospel antiquity. The sincerity of the author heightens his
power of language. The band which to his eyes was a mere
party of adventurers gone forth to seek their fortune beyond
seas,' appears to the reader as the germ of a great nation wafted
by Providence to a predestined shore.

The author thus continues his narrative of the departure of
the first pilgrims.

" So they left that goodly and pleasant city of Leyden, which
had been their resting-place for above eleven years ; but they
knew that they were pilgrims and strangers here below, and
looked not much on these things, but lifted up their eyes to
Heaven, their dearest country, where God hath prepared for
them a city (Heb. xi. 16,) and therein quieted their spirits.
When they came to Delfs-Haven they found the ship and all
things ready ; and such of their friends as could 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 en-
tertainment and Christian discourse, and other real expressions
of true Christian love. The next day they went on board, and
their friends with them, where truly doleful was the sight of
that sad and mournful parting, to hear what sighs and sobs and
prayers did sound amongst them ; what tears did gush from
every eye, and pithy speeches pierced each other's heart, that
sundry of the Dutch strangers that stood on the Key as spec-
tators could not refrain from tears. But the tide (which stays
for no man) calling them away, that were thus loth to depart,
their reverend pastor falling down on his knees, and they all
with him, with watery cheeks commended them with most fer-
vent prayers unto the Lord and his blessing ; and then, with
mutual embraces and many tears, they took their leaves one
of another, which proved to be the last leave to many of them."

The emigrants were about 150 in number, including the
women and the children. Their object was to plant a colony
on the shores of the Hudson ; but after having been driven
about for some time in the Atlantic Ocean, they were forced
to land on that arid coast of New England which is now the
site of the town of Plymouth. The rock is still shown on
which the pilgrims disembarked.*

* This rook is become an object of veneration in the United States. I have
Been bits of it carefully preserved in several towns of the Union. Does not this
Buf&cieatly show that all human power and greatness is in the soul of man ? Here

"But
reader w
people's
tion of
for beini
fore the I
them, n(
much le
for the
winters
subject t
places, n
could the
wilde bei
there we
turned tl
but little
for sumn
weather-
thickets 1
hind then
and was i
the civil \

It musi
a merely
course of
marked, ^
No soone
scribed b;
stitute a s

"In t
underwrii
King Jan
and advai
King and
northern
mutually,
and com!
our bette
ends afor
frame sue

is !i stone \v
becomes far
1) ■ : and wh

* 'iVew J

'"^

lil

" But before wc pass on," continues onr liistoiian, " let the
reader with irie make a pause and seriously consider this poor
people's present condition, tlie more to be raised up to adndra-
tion of God's goodness towards them in their jircservation :
lor being now passeil the vast oetuui, and a sea ol troubles be-
fore them in expectation, they bad now no friends to welcome
them, no inns to entertain or refresh them, no houses, or
much less towns to repair unto to seek for succour ; and
for the season it was winter, and they that know the
winters of the country know them to be sharp and violent,
subject to cruel and lie ice storms, dangerous to travel to known
places, much more to search unknown coasts, besides, what
could they see but a hideous and desolate wilderness, full of
wilde beasts, and wilde men 1 and wliat multitudes of them
there were, they then knew not : for which way soever they
turned their eyes (save upward to heaven) they could have
but little solace or content in respect of any outward object ;
for summer being ended, all things stand in appearance with a
weather-beaten face, and the whole country full of woods and
thickets represented a wild and savage hue ; if they looked be-
liind them, there was the mighty ocean which they had passed,
and was now as a main bar or gul[)h to se[)arate them from all
the civil parts of the world."

It must not be imagined that the jiicty of the Puritans was of
a merely speculative kind, or that it took no cognisance of the
course of worldly affairs. Puritanism, as I have already re-
marked, was scarcely less a political than a religious doctrine.
No sooner had the emigrants landed on the barren coast, de-
scribed by Nathaniel Morion, than their first care was to con-
stitute a society, by passing the following Act '/'^

" In the nami: of (jod, Ami:n ! ^^'e, whose names arc
underwritten, the loyal subjects of our dread Sovereign Lord
King James, Sec. &c., Having undertalcen tor the gloiy of Uod,
and advancement of the Christian Faith, and the hcjuol^'of our
King and country, a voyage to plant the first colony in the
northern parts of Virginia ; Do by these presents solemnly and
mutually, in the presence of God and one another, covenant
and combine ourselves together into a civil body politick, for
our better ordering and preservation, and I'urtherance of the
ends aforesaid : and by virtue hereof do enact, constitute and
frame such just and e(|ual laws, ordinances, acts, constitutions,

is ;i stone whidi tho foot of a li!\v oiitrasts prcsstHl for an instrnit, and this stone
becomes famous ; it is treasured by a ^reat niition, its very dast is shared as a rc-
li.': and what is become of tiic gate\v;iys of a tlioiisaud palaces !
* 'New England's Memorial/ p. 37.

«1 ,»

lf.'»

and ofliccrs, from time to time, ;i.s shall l)c tiujiiijjlit most meet
and convenient lor the f,^encial i^Dod ot'lhe colony : nnto which
we promise all due suhmission and (jhedience," icc.'^"

This happened in 1(J2(), and I'rom that time I'orvvards the
emigration went od. The reliuiou:; and polilieal |»a3sions wdiich
ravaged the liriti.sh I'impire during the whole rdgn of Charles
I., di'ove I'resh crowds of sectarians every year to the shores of
America. In England the stronghold ol Puritanism was in the
middle classes, and it was I'rom the middle classes that the ma-
jority of the emigrants came. The population ol" New I'Lngland
increased rapidly ; and whilst the lieii'archy ol" rank dtspoti-
cally classed the inhahitants of the mother-country, the colony
continued to present the novel spectacle ol" a comnumity homo-
geneous in all its jjaits. A democi-acy, more jieil'ect than any
which anti(piity had dreampt of, started in full size and pano[)ly
irom the midst of an ancient feudal society.

The I'iUglish Glovernment was not dissatisfied with an emi-
gration which removed the (dements of fresh discord and of
further revolutions. On the contrary, every thing was done
to encourage it, and little attention was paid to the destiny of
those who sought a shelter from the ligor of their country's
laws on the soil of America. It seemed as if New England
was a region given up to the dreams of fancy, and the unre-
strained exj)eriments of innovators.

The English colonies (and this is one of the main causes of
their prosperity,) have always enjoyed more internal freedom
and more political independence than the colonies of other na-
tions ; hut this principle of liberty was nowhere more exten-
sively applied than in the States of New I'>ngland.

It was generally allowed at that period that the territories of
the New World belonged to that European nation which had
been the tirst to discover them. Nearlv the whole coast of
North America thus became a liritish possession toward the
end of the sixteenth century. The means used by the English
Government to ^people these new domains were of several
kinds ; the K' ;g sometimes appointed a governor of his own
choice, who ruled a portion of the New World in the name
and under the immediate orders of the Crown ;f this is the
colonial system adopted by the other countries of Europe,

* The emigrants who founded the state of Riiodo Island in tCw^, tliose who
landed at New Haven in 10:57, the fust settlors in Connocticnt in 1(331), and the
founders of Providence in Kilt), began in like manner l>y drawing up a social
contract, wiiich was submitted to the approval of all the interested jiarlies. Set
' Pitkin's History,' pp. 42 and 47.

t This was the case in the State of New York.

Somctim
an itidivi
])olitieal ]
und(M' th
and govc
in allowi
cal soeiet
govern
This mo
was only

In \Q>1
tltc em
liut, in g(
liUglaiul
I'roviden
lihode h
most witl
settlers d
empire, a
slituled a
or forty }
cnce was

This fi
connecte
studying
England,
they nan
war, mail
giance w

' IMai-yla
tion. t:M'f"

t See tlu
thrnt'f D<>n
Aniincii, I'l
nifMits rolati
their router
fd hy the \\

^^(■^■■ also
preiiie Coil
(.!!oiislitiititi
ciples of re
were inlroci
fully acted

\ See Pi
setts liay, li

V^ Set- I'i

il The in
preserved i
justice wer

l"50inctimcs grants of certain tracts were made by the Crown to
an indiviikial or to a company,* in which case all ;hc civil and
jjojitical power fell into the hands of one or more i)ersons, who,
nnder the insi/cction and control of the Crown, sold the lands
and ji^overned the inhabitants. Lastly, a third system consisted
in allowing- a certain nnmber of emif^i'ants to constitute a politi-
cal society under the |)rotection of the motlier-country, and to
i^overn themselves in whatever was not contrary to her laws.
This mode of colonization, so remarkably fav(M'ablc to liberty,
was oidy adojited in New I'inirland.f

in 1G28|: a charter of this kind was granted ])y Charles I. to
the emigrants who went to form the colony of Massachusetts,
liut, in general, charters wore not given to the colonies of New
r^nglaiul till they had acHjuired a certain existence. Plymouth,
I'rovidencc, New Haven, the State of Connecticut, and that of
Rhode Island^ were founded without the co-opeiation and al-
most without the knowledge of the mother-country. The new
sottleis ditl not derive their incoi-poration from the head of the
empire, although they did not deny its supremacy ; they con-
slitiiled a society of their own accord, and it was not till thirty
or forty years afterwards, uiuler Charles II., that their exist-
ence was legally recognised by a royal charter.

This freciuently renders it didicult to detect the link which
connected the emigrants Avith the land of their forefathers, in
studying the earliest historical and legislative records of New
I'higlaiul. They jjerpetually exercised the lights of sovereignty ;
they named their magistrates, concluded j)eace or declared
war, made police regulations, and enacted laws as if their alle-
giance was due only to God.|| Nothing can be more curious,

" Maryland, tin- Caroliiias. roiin.-ylvaiiia, and New Jersey were in this situti-
lioii. See I'llkiii's Hi-;!ury, vol. i. p' 1 1 — :U,

t See the worl; eiititlcil ^ li'sturintl ('(illir^li)ii of Slate /'('/;r,'s /nid otitrr an-
tli'iith' Djciiiih Ills lull nihil iis uiiiiinnls fur mi llisliinj of llw. ( nitnl Slatix of
Aiiiini'ii. I'll I'.liiiuvr lliisfinl, I'liiliuldpliin, 179'2/ for a great niiinher ol' doeu-
nieiils relat/ii.i; to the ooniineiicenient of tiie colonie.s, wliicli are saliiahle from
their Cdiiteiils and tiicir aiitheiitieily ; anioniiisl ihein an' tlie various charters grant-
ed hy the Kini; ol" I'.nglaiuh and tjie tlrst aets of the lo(;al governments.

.See also the' analysis of all these rharlers given hy Mr. Mlory, .ludge of the Su-
preme Court of the lulled Slates, in the Introduetiou to his Connuentary on the
(^)nstitiilion of the I'uited Slates. It resiills from these documents that the prin-
ciples of representati\ e ;roverument and th<! external forms of political liberty
were introdiieed into all the colonies at their origin. These priiiei])les were nioro
fully acled M|iou in the North th.n iu the South, hut ihev existed everywhere.

t See I'ukiu's History, |). ;'),). Sec the History of the Colony of JMassachu-
setts I5ay, hy Mulehiusou, vol. i. p.!).

V^ Si-e I'ilkiu's [listory. ])p. 'VI. 47.

11 The inhahilanis of .Massacliiwetts had deviated fiom the forms which are
preserved in the eiimiual and civ il proci'diiie of Kugiaml : in !().')() the decrees of
justice were not yet headed by the royal .style. See Hutchinaon, vol. i. p. 4.32.

mil

ri'i

ie»i>

!* '

i
I

and at tlic fiamc time more instructive, than the IcgisUition of
that period ; it is tlicrc; that the solution of the great social
problem which the United States now present to the world is
to he found.

Anioni,^st these documents we shall notice, as especially
characteristic, tiie Code of laws promulgated by the little State
of Coniirelicut in 1G50.*

Tiu; logislators of Connecticut! begin with the penal laws,
and, straii<;e to say, they borrow their provisions from the text
of Holy Writ.

*' Whosoever shall worshipany other God than the Lord," says
the preamble of the Code, " shall surely be put to death." This
is followed by ten or twelve enactments of the same kind,
copied verbatim Ironi the books of Exodus, Leviticus, and
Deuteronomy. Bla3])hcmy, sorcery, adultery,:}: and rape were
punished with death ; an outraj^e ollbred by a son to his parents
was to be expiated by the same penalty. The legislation of a
rude and hall-eivili/.cd people was thus transferred to an en-
lightened and moral community. The conse(juence was that
the j)unishnicnt ol" death was never more frequently pi'escribed
by the statute, and never more rarely enforced towards the
guilty.

The chief care of the leg' n's, in this body of penal laws,
was the maintenance of on! .conduct and good morals in

the community : they constantly invaded the domain of con-
science, and there was scarcely a sin which they did not sub-
ject to magisterial censure. The reader is aware of the rigor
with \vhicl) these laws yjnished rape and adultery ; intercourse
hetwcen unmarri(;;l persons v/as likewise severely re})ressed.
The judge was empowered to inllict a pecuniary penalty, a
whip])ing, or maniage,§ on the misdemeanants ; and if the

* Co(l(> of KmO. p. 0-;. ITartfnnl, ]s;in.

t Set! also ill lliitcliiii-^on's. llistoiv, vol. i jip. 4","). 450, tlie aml^'sis of the pe-
nal code a(!o]it(Ml in IMf^ hy llu; cdloiiy of IMas.-<achusetts : this code is drawn up
on tlic same pnii^:ii)le<i as that of (Jonin'cliciit.

t Adidtery was also pii;iisii(,'(i wiili dcalli by the law of .Massaehiisetts ; and
IliUchiiisoii, vol. i. p. 441, says that several persons actually siitfered for this
crime. lltMjiiotes a curious aiK-edote on this siil)j(.'Ct, which occurred in the year
IGfi:). A married woman had had criminal intercourse! with a young man; her
liusband died, and she married the lover. Several years had elapsed, when the
jiuhlic he^an to suspect the previous intercHinrse of this couple : they were
thrown into prison, put upon trial, anrl very narrowly escaped capital piiiiislmient.

^N Code of ](i.')0, p. 4'-'. It seems sometiuics to have happened that the judges
superadded llu-se piiuisluiieiits to (;a(!h other, as is seen in a .sentence pronounced
in lt)4:!, (p. 114, i\ew Jlavcu AutKpiilies,) hy which Margaret Bedford, convicted
of loose conduct, was c;jndemiied to be wliipt, and afterwards to uiarry Nicolas
Jeinmings her accomplice.

}

i
i

This
kind,

rigor

)f the po- I
liawii up

records of the old courts of New TTavcn mny he hnlleved, pro-
seciUious of tills kind ultc; iK)t uidirquciit. VV'e fmd a scntcucf!,
beariiij^ date the 1st of May, KJUO, iiillietiiig a fine and a repri-
mand on a youn;^ woman who was accused of usinj? inipioper
laniifuaare, and of allowing? herself to be kissed.* The code of
KJjO al)ounds in preventive measures. It punishes idleness
and drunkenness with sev('iity.t Innkeepcis are forbidden to
furnish more than a certain (pumlity of iicjuor to each consumer;
anti simi)le lyini;, wlienever it may be injurious,:|: is checked by
a fnic or a ll oiriJfin;^. In other places, the lei^islator, entirely
forgetting iUa gre;it principles of rrligious toleiation wiiich he
had hinijelf upheld in Euiope, renders attendance on divine
service con)pnls(ji'y,§ and gi)(.;s so iai as to visit with severe
punishment,|| and even with death, the Christians who chose
to worship (iod aecording to a ritual diilciing from his own.^f
Sometimes indeed the zeal of his enactments iiitluces him to
descend to the mo;^t frivolous particulars : thus a law is to be
found in the same Code which prohibits the use of tc^bacco.**
It nuist not be forgotten that these fantastical and vexatious
laws were not imposed by authority, but that they weie freely
voted by all the persons interested, and that the nuuiners of the
community were even more austere and more puritanical than
the laws. In Hi If) a solemn association was formed in Boston
to check the wieldly luxury of long hair.ff

These errois are no doubt discreditable to fhc human reason ;
they attest the inferiority ol our nature, which is inca])able of
laying firm hold upoii what is true and just, and is often reduced
to the alternative ol' two excesses. In strict connexior with
this penal legislation, which bears such striking marks of a

* Now IFiivon Aiitii|uitiiM, p. 10 t. Sec also Iliitcliiiison's History for several
causps t'(|ii;illy cxtriioiilinaiy.

t ('odi! of iti.-|U, pp. i")!.). C)7.

t Ihiil., ]). (!-J.

^S lluil , p '11.

II Tiiis ua.i not jiPfiiliiir In roiiiiPctipiit. f^i-o. fnr iiislaiirp. tlip liiw wliinli, on
tii(! Killi (if ScplcMibiT It'll I, li.iiiislii'd iliL' Aii.i-liapiisiH from llip .Stale of Ma.<sa-
pliiisctls. ( llisioriial (joilt'ciHiii of State IVipcrs, vol i. p. T)!!";. ) See also tiio
law ag.iinst tlio CinaUeis. passed on tlie I Itli of October Ki'iti. " Wlieipas," .says
the ])reainhlo, " an accursed race of heretics called liiiidvers lias sprnii;; iii),''iVc.
The clauses of tlio statue inflict a heavy tiii{> on all captains of sliips who shoidd
import (inaki.Ms into the coniitr\-. Tim (inakers wiui may he fonml there shall
be whipt and imprisoned \vilh bard labor. Those members of tiic sect who
should defend their opinions sliall be lir>t lined, tiieii imprisoned, and iiuallv driv-
en out of tiie province.— Hist()ric;d (-"ollection oi' .State I'apers, vol. i. p. iWM).

1[ Hy tiie penal law of Massachusetts, any Calliolic priest who should set loot ia
the colony after having been once driven out of it was liable to capital punishnieut.

** Code of KM, p. !l().

it New England's Aleniorial, p. 31G. See Appendix, E.

lilt

i
Hi

f • 1

'V '

c>0

narrow sectarian spirit, and of those religious paf.sions which
had been warmed by persecution and were still fermenting
among the people, a body of political laws is to be found,
which thoufji;h written two hundred years ago, is still ahead of
the liberties of our age.

The general piinciples which are the groundwork of modern
constitutions, — |)rinci|)les which were imi)erfectly known in
Europe, and not completely triumphant even in Great Hritain,
in the seventeenth century, — were all recognised and deter-
mined by the laws of New England : the intervention of the
people in public ailairs, the iVee voting of taxes, the responsi-
bility of authorities, personal liberty, and trial by jury were all
positively established without discussion.

' From the;'e fruitl'iil j)rinciples consecpiences have been de-
rived ap'l L.;-<()licatioiis have been made such as no nation in
Europe has yet ventured to attempt.

In Connecticut the eleetoial body consisted, from its origin,
of the whole number of citizens; and this is readily to be un-
derstood,* when we recollect that this |)cople enjoyed an almost
perfect equalily of fortune, and a still greater uniformity of ca-
pacity.! Ill Connecticut, at this ))eriod, all the executive
iunctionarieswere elected, including the Governor ol'the State. :|:
The citizens above the age of sixteen were obliged to bear arms;
they fornu-d a national mi!'/'n, which appointeil its own officers,
and was to hold itself at all tin\o.s in readiness to march for the
defence of the country. §

In the laws of Connecticut, as well as in all those of New
England, we find the germ ami gradtud development of that
township independence which is the life and nuiinspiing of
American liliei'ty at the |n'esent day. The political existence
of tl)e majority of the nations of I-^urope commenced in the
superior lanlcs of society, aiul was gradually arul always iniper-
fectly communicated to the ditlerent memljers ol' the sorial
body. In America, on the otlu-)' band, it may be said that the
township was organised bcfoi-e the county, tlie county before
the State, tlw; State liei'ore tin; Ihiion.

In New Eniiiand, townships wer(! comj)let( Iv and definitively
constituted as eaily as 10'.5O. The iiuleiiendence of the town-

* Constiliiiion of Uill-^, p. 17.

t Iiil;iti llic (iciit-ral Assciiilily of Khado Islnml iinimiinoiisly ilocl:iio(] that
the ;:ov(Mriiiiciit of ilii; State was a dcnioi'iarv. ami tliat llii; pcwer was vested in
the liody of fioe eitizens. who alone iiad tiic right to make the l;uvs and to watciv
their execniioii. (.'oJc of KmO, p. 7U.

X Pitliin'sllistoiy, p. 47. ^ Constitution of 1C38, p. lii-

ship was the nucleus round which the local interests, passions,
riu^hts and duties collected and clnniy. It gave scope to the ar-
tivity of a real political life, most llioroiighly democratic and
republican. The colonies still recognised the supremacy of the
mother-country ; monarchy was still the law of the State ; but
the republic was already established in every township.

The towns named their own magistrates^f every kind, rated .
themselves, and levied their own taxes.* '|In the townships of
New Ihigland the law of representation was not adopted, but
the alfairs of the community were discussed, as at Athens, in i
the marlcet-])lace, by a general assembly of the citizens.,'.

In studying the laws which were proinulgated at this first era
of the American lepublics, it is impossible not to be struck by
the remarkable acquaintance with the science of government,
atul the advanced liieory of legislation which they display.
The ideas there formed of the duties of society towards its
members, are evidently much loftier and more com{)rehensive
than those of the European legislators at that time : obligations
were there imposed which were elsewhere slighted. In the
States of New England, from the first, the condition of the poor
was provided for ;f strict measures were taken for the main-
tenance of roads, and surveyors were ajipointed to attend to
them ;| registers were estabiisbod iu every [)arish, in v/hich the
results of public deliberations, and the bii-tlis, deaths, and mar-
riages of the- citizens were entered ;§ clerks were directed
to keep these registers ;|| ollicers were charged with the ad-
ministration of vacant inheritances, and with the arbitration of
litigated landmarks ; and many others were created whose
chief functions wtue the maintenance of public order in the
community. ^f The law enters into a thousaml useful provisions
for a numl)er of social wants which are at present very inade-
quately felt in France.

IJut it is by the attention it pays to Public I'iducation that the
original character of American civilization is at once j)laced in
the clearest light. " It being," ^ays the law, " one chief pro-
ject of Satan to keep men iVom the knowledge of the Scripture
by persuading from 'he use of tongues, to the end that learning
may not be buried in the graves of our loiefatheis, in church
and commonwealth, the Loid assisting our endeavois, . . .''**
Here follow clauses establishing schools iu every township, and

Call

'1 ,11

If »

* Code of 1G50, p. 60.
\ Ibid, p. !)4.

^ See Hmcliinson's History, vol. i. p. 455.

* • Code of ItAJO, p. 9U.

t Code nn(')50, p. 78.
II IhhU p. HC.
•i //i/., p.4l).

obliging the inhabitants, under pain of heavy fines, to support
them. Sehools ol" a supeiior kind were i'ounded in the same
manner in the more populous districts. The municipal authori-
ties were bound to enl'orce the sending of children to school by
their parents ; they were empowered to inilict fines upon all
who refused compliance ; and in cases of continued resisicance
society assumed tlio place of the parent, took ])ossession of the
child, and deprived the father of those natural rights which he
used to so bad a purpose. The reader will undoubtedly have
remarked the preamble of these enactments : in America, re-
ligion is the road to knowledge, and the observance of the Divine
laws leauj nan to civil freedom.

If, after hav-ngcast a rapid glance over the state of American
society in 1G50, we turn to the condition of Europe, and more
especially to that of the Continent, at the same period, we can-
not fail to be strack with astonishment. On the continent of
Europe, at the beginning of the seventeenth century, absolute
monarchy had everywhere triumphed over the ruins of the oli-
garchical and leudal li!)erties of tlie Middle Ages. Never were
the notions of right more completely confounded than in the
midst of the splendor and literature of Europe; never was
there less political activity among the people ; never were the
principles of true iVeedom 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 huinan reason were put
into practice by a con;:nun'ty so humble, that not a statesman
condescendc'l to atteml to it ; and a legislation without a pre-
cedent was produced olfhand by tlie imagination of the citizens.
In the bosom of this obscure democracy, which had as yet
brought forth neither generals, nor philosophers, nor avithors, a
man might stand uj) in the lace of a iVee ])eople and pronounce
amidst general acclamations the following fine definition of
liberty.*

" Nor would I have you to mistake in the point of your own
liberty. There is a liberty of corruj)t nature, which is aiiectcd
both by men and beasts to do what they list ; and this liberty is
inconsistent with authority, impatient of all restraint ; by this
liberty * siimiis onincs (Idcriorcs' : 'tis the grand enemy of truth

* Miitlicr's Miij^ii;ili;i Cliiisii Amcricann, vol. ii. j). VX This spcocli wnsmado
by \Viiitlir()|) ; lu; was acciix'il of liaviiif; cniiiinittrd arliitrary actions (liiriii"; liis
magistracy, but alter liaviiif; made tlie sposHli of wliicli the above is a (Vagiiieiit,
be was aciiuitted l)y acclaiiialion. and lioiii liial tiiiu; forwards he was always re-
elected governor ol" the iStato. tiee 3Iarshal, vol. i. p. IGG.

'■.

and peac
But then
per end i
which is
the hazai
authority
in a way
you will,
mitled ui
the yoke
honor am

The re
of Anglo
(and this
tinct elen
tilily, but
and CO ml
ligion, an

The se
sectarians
of their r
political

Hence
arc const;
of the CO

It migl
their (ami
absorbetl
they pure
which the
ment, anc
scarcely i
Heaven.

Politico
moulded
ciety in w
the old pr
no nujre
were opei
at the liui
discreetly
no longer
staining
subniissivt

and peace, and all the ordinances of God are bent against it.
But there is a civil, a moral, a federal liberty which is the pro-
per end and object of authority ; it is a liberty for that only
which is just uiid good ; for this liberty you are to stand with
the hazard of your very lives, and whatsoever crosses it, is not
authority, but a distemper thereof. This liberty is maintained
in a way of subjection to authority ; and the autiiority set over
you will, in all administrations lor your good, be quietly sub-
mitted unto by all but such as have a disposition to shake off
the yoke and lose their ti;uc liberty, by their murmuring at the
honor and power of authority."

The remarks I have made will suffice to display the character
of Anglo-American civilization in its tiue light. It is the lesult
(and this should be constantly present to the mind) of two dis-
tinct elements, which in other places have been in Irequenl hos-
tility, but which in America have been admirably incorporated
and combined with one another. I allude to the spirit of Re-
ligion, and the spirit of Liberty.

The settlers of New England were at the same time ardent
sectarians and daring innovators. Narrow as the limits of some
of their religious ojnnions were, they v/erc entirely free from
political prejudices.

Hence arose two tendencies, distinct but not opposite, which
arc constantly discernible in the manners as well as in the laws
of the country.

It might be imaginril that men who sacrificed their friends,
their family, and their native land to a religious conviction, were
absorbed in th( ,ii:rsuit of the intellectual advantages which
they purchased at - > dear a r;!te. The eneri;y, '.lowever, with
which they strove lor the aniuiremcnt of we;tilh, moral enjoy-
ment, and the comibrts us \'-; II as libntles ol" the world, is
scarcely inferior to that with \. Inch they devoted themselves to
Heaven.

l*(ilitical prinei[)les, and all human laws and instituiions were
moulded and altered at their pleasuic ; the barriers of the so-
ciety in which they were born were Ijioken down before them ;
the old principles which had governed the world for ages were
no more ; a path without a term, and a fn '. without an horizon
were opened to the exploring and anlei curiosity of man : but
at the limits of the poliiieal world he i Hecks his researches, he
discreetly lays aside the use of his most formidable faculties, he
no longer consents to '.'oubt or to innovate, but carefully ab-
staining from raising the curtain of the aanctuury, he yields with
submissive respect to truths which he will not dibcuss.

Aim*

I >

Thus in the moral world, evcrytliing is classed, adapted, de-
cided and foreseen ; in the political world everything- is agita-
ted, uncertain, and disjiuted : in the one is a passive, though a
voluntary, obedience : in the other an independence, scornful
of experience, and jealous of authority.

These two tendencies, ai)parently so discrepant, are far from
contlicting ; they advance together, and mutually support each
other.

Religion perceives that civil liherty affords a noble exercise
to the faculties of man, and that the political world is a field
prepared hy the Creator for the eilbrts of the intelligence.
Contented with the freedom and the power which it enjoys in
its own sphere, and with the place which it occupies, the em-
pire of religion is never more surely established than when it
reigns in the hearts of men unsupported by aught beside its
native strength.

Religion is no less the companion of liberty in all its battles
and its triumphs ; the cradle of its infancy, anci the divine source
of its claims. The safe-guard of morality is religion, and mo-
rality is the best security of law as well as the surest pledge of
freedom.*

REASONS or CERTAIN ANOMALIES WHICH THE LAWS AND CUS-
TOMS OF THE ANGLO-AMERICANS PRESENT.

Remains of aristnn-atic instiliilioii?; in ilio niid-t or a complctt! domocncy. —
Wliy .' — Disiinctinn cuoriiily to be diau n betwcou what in ol' I'luitanicui and
wliut is of Knglish origin.

The reader is cautioned not to draw too general or too abso-
lute an inference from what hns been said. The social condi-
tion, the religion, and the manners of the first emigrants un-
doubtedly exercised an immense inlluenee on the destiny of
their new country. Nevertheless it was not in their power to
found a state of things originating solely in thetnselves : no
man can entirely shake olf tlie inlluenee of the |)ast ; and the
settlers, unintentionally or involuntarily, mingled hal)its and no-
tions (lerived from their education and I'rom the traditions of
their eounti , with those habits and notions which were exclu-

* See Appendix, F.

sively th
cans of
distingui
Laws
ted State
These la
vailing tt
are no ](
English (
their o( ig
would be
I I^shall
I The ci
I two mear
I taken by
I or, in cas
! accusatio]
then disci
It is evi
poor man,
not ahvayi
he is obliii
to distresj
escapes i
readily c
queney bj
law are,
aristocrat
is the poo
greatest S(
the pheno
I speak ai
however
and the ni
Next k
change is
known tc
them as t
themselve
is scarce
action in
their tend

* Crimp-
niunber.
1 Seo Bla

sively their own. To form a judgment on the Anglo-Ameri-
cans of tiie present day, it is therefore necessary carefully to
distinguish what is of Puritanical from what is of English origin.

Laws and customs arc frequently to be met with in the Uni-
ted States which contrast strongly with all that surrounds them.
These laws seem to he drawn up in aspiiitcontiary to the pre-
vailing tenor of the American legislation ; and these customs
are no less opposed to the general tone of society. If the
English colonics had heen founded in an age of darkness, or if
their oiigin was already lost in the lapse of years, the problem
would be insoluble.

I shall quote a single example to illustrate what I advance.

The civil and criminal ])rocedure of the Americans has oidy
two means of action, — committal or bail. The iirst measure
taken by the magistrate is to exact security from the defendant,
or, ill case of refusal, to incai'cerate him : the ground of the
accusation and the importance of the charges against him are
then discussed.

It is evident that a legislation of this kind is hostile to the
poor man, and favoiable only to the rich. The poor man has
not always a security to produce, even in a civil cause : an 1 if
he is obliged to wait lor justice in prison, he is speedily reduced
to distress. The wealthy indiviilual, on the contrary, always
escapes im|)risoiimcnt in civil causes ; nay, more, he may
readily elude tlie jumishment which awaits him for a delin-
quency by breaking his bail. So that all the penalties of the
law arc, for him, reducible to fines.* Nothing can be more
aristocratic than this system of legislation. Yet in America it
is the jioor who make the law, and they usually reserve the
greatest social advantages to themselves. The explanation of
the phenomenon is to be found in England ; the laws of which
I speak are English, f and the Americans have retained them,
however repugnant they may be to the tenor of their legislation
and the mass of their ideas.

Next to its habits, the thing which a nation is least apt to
change is its civil legislation. Civil laws are only lamiliarly
known to legal men, whose direct interest it is to maintain
them as they are, whether good or bad, simply because they
themselves arc conversant with them. The hotly of the nation
is scarcely ac(piainteil with them : it merely ])ei reives their
action in particular cases ; but it has some dilliculty in seizing
their tendency, and. obeys them without rellcction.

* Crimes no iloiiljt exist i'lir wliicii li.iil is iiiacliuissii)k', but they are few in
number.
i See Bliickstoao ; ami Delohne, book 1. cliap. x.

Aim*

in )

• :

■'1

I have quoted one instance where it would have been easy
to adduce a great number of others.

The surface of Anierican society is, if I may use the expres-
sion, covered with a layer of democracy, from beneath which
the old aristocratic colors sometimes peep.

CHAPTER III.

SOCIAL CONDITIOX OF THE ANGLO-AMERICANS.

A SOCIAL condition is commonly the result of circumstances,
somctim.es of laws, oftener still of these two caUvSes united ; but
wherever it exists, it may justly be considered as ll^.e source of
almost all the laws, t!ie usages, and the ideas which regulate
the conduct of nations : whatever it docs not produce, it
modifies.

It is therefore necessnry, if we, would become actiuainted
with the legislation and the manners of a nation, to begin by
the study of its social condition.

THE STRIKING CITARACTERTRTIC OF THE SOCIAL CONDITION OF
THE ANGLO-AMERICANS IS ITS ESSENTIAL DEMOCRACY.

TIio first emigrants of New I'nglniul. — Tlicir oqiiJity. — Aristocralic laws intro-
diK.'cd ill the iSoiith. — I'ciiod ol' lliu Ixcvniiitioii. — {Jli;ui,'-'e in tlio law of de-
scent. — Mflecls produced liy tliiscliaiii^e — Dciiiocracy carried to its ntmostlinuts
ill the new States of the \Vest. — K(iiia!ity of education.

MANvimportant observations suggest themselves upon the social
c;)ndition of the Anglo-Americans ; but there is one which
takes piecedeuce ol' all the rest. The social r;ondition of the
Americans is eminently democratic ; this was its character at

the found
at the pre

I have
existed ar
England,
part of tl
was that <
tain name
their felh
might tru
of invaria

This w
the south
the case ^
south-wej
settled, w
the Engli
it was ini]
America
west of tl
could cu
common
was not a
Europe, s
of their ei
dependin;
great pro
class, ha^
of politics
the body
embraee(
either lov
ed the ini
of the A I

At the
shalv'en t(
had talcei
which it
cd ; and
aspired t
dividimls
together

But tl
surprise t

the foundation of the colonies, and is still more strongly marked
at the present day.

I have stated in the preceding chapter that great equality
existed among the emigrants who settled on the siiores ol New
England. The germ of aristocracy was never planted in that
part of the Union. The only intluence which obtained there
was that of intellect ; the people were used to reverence cer-
tain names as the emblems of knowledge and virtue. Some of
their fellow- citizens acquired a power over the rest which
might truly have been called aristocratic, if it had been capable
of invariable transmission from father to son.

This was the state of things to the east of the Hudson : to
the south-west of that river, and in the direction of the Floridas,
the case was dillerent. In most of the States situated to the
south-west of the Fludson some great English proprietors had
settled, who had imported with them aristocratic principles and
the English law of descent. I have explained the reasons why
it was impossible ever to establish a powerful aristocracy in
America ; these reasons existed with less force to the south-
west of the Hudson. In the South, one man, aided by slaves,
could cultivate a great extent of country : it was therefore
common to see rich landed proprietors. But their induence
was not altogether aristocratic as that term is understood in
Europe, since they possessed no privileges ; and the cultivation
of their estates being carried on by slaves, they had no tenants
depending on them, and consequently no patronage. Still, the
great proprietors south of the Hudson constituted a superior
class, having ideas and tastes of its own, and forming the centre
of political action. This kind of aristocracy sympathized with
the body of the people, whose passions and interests it easily
embraced ; but it was too weak and too short-lived to excite
either love or hatred for itself. This was the class which head-
ed the insurrection in the South, and furnished the best leaders
of the American revolution.

At the period of which we arc now speaking society was
shaken to its centre : the people, in whose name the struggle
had taken place, conceived the desire of exercising the authority
which it had accjuired ; its democratic tendencies were awaken-
ed ; and having thrown olfthe yoke of the mother-country, it
aspired to indt;pendencc of every kind. The influence oi' in-
dividuals gradually ceased to be felt, and custom and law united
together to produce the same result.

But the law of descent was the last step to equality. I am
surprised that ancient and modern jurists have not attributed to

•J .ri

i' ''

! ;

I? • •
i "I

this law a gn-ealcr influence on human affairs.* It is true that
these laws heloiiy to civil affairs : but llicty oiii'ht nevertheless
to be jjlaceil at the head of all political insiitutions ; for, whilst
politicai laws are only the symbol of a nation's condition, they
exercise an incredible inlluence upon its social state. They
have, moreover, a sure and uniform manner of ojieratinij upoii
society, alfectiug, as it were, generations yet unborn.

Through their means man acijuiies a kind of preternatural
power over the future lot ol' liis fellow-oieatures. When the
legislator has once regulated the law of iiUieiitance, he may
rest iVom liis labor. Tiic machine once ]n\t in motion will go
on for ages, and advance, as if self-guiiled, towards a given
point. When framed in a jiartlcular numner, this law unites,
draws together, and vests property and power in a few hands :
its tcnilency is clearly aristocratic. On opj)osite ])rinciples its
action is still more ra])id ; it divit'es, distributes, and disperses
botli property and power. Alarmed by the rajiidity of its pro-
gress, those who despaii- of arresting its motion emieavor to ob-
struct it by ditlieultics and impediments ; they vainly seek to
counteract its elfect by contrary ellbrts : but it gradually re-
duces or destroys every obstacle, until by its Incessant activity
the bulwarks of the inlluence of wealth are ground down to
the line and shifting sand which is the basis of democrac}-.
AVhen the law of inheritance permits, still more when it decrees,
the equal division of a fatiier's {)roperty amongst all his children,
its effects arc of two kinds : it is important to distinguish them
from each other, although they tend to the same entl.

In virtue of the law of partible inheritance, the dcatli of
every proprietor brings about a kind of revolution in ])roperty :
not oidy do his possessions change liands, but their very nature
is altered ; since they are parcelled into shares, which become
smaller and smaller at each division. This is the direct and,
as it were, the pliysical e'^ect of the law. It follows, then, that
in countries where equality olinhei'itance is established by law,
property, and especially landed ju'operty, nuist have a tendency
to perpetiud diminution. The effects, however, of such legis-
lation would only be jjercejjtible after a lapse of liuie, if the law
was abandoned to its own working ; for supposing a family to

* I (imloi^taud by the law of (losceiit all tlios(! liiws whoso iiriiicipnl olijoct it
is to rc;;iilate tJK! di-tiilmtion of i rdperty attf:r tlio deatli of ils owikt. TIk; law
of entail is ol' this iiuiiihrr : it ccrlaiiily in'cvciils tlio owner IV()ni(lisi)osin<( of his
possessions belore his dcatli ; hut this is solely with the \iew of ]nesi'ivin;ir them
entire for the heir. 'J"ho jirineipa! ohjeel, therefore, of llie law of entail is to re-
gulate ili^! desc(;nt of property afier Ihc death of its owner ; its other provisions
arc merely means to this end.

consist of
the avera;
amongst t
than theii

But the
ly upon tl
and brinii
quences t
and espee

Among
right of
tion to g
quencc of
corporate(
the estate
glory, its ]
])crishable
ftituro.

When t
the Intima
the preser
represent
one or tv/(
diminish, ;
sons of th(
or if fortu
being as w
same pro]
composed

Now, fr
interest in
associatioi
certain thi
strong pe(
produces
available t

(jlrcat li
come tog
land a bet
from his ;
calculatio

* T do not
lie cultivate;
his want of i

^^^

-V

consist of two children, (and in a country peopled as France is
the average number is not above three,) these chil(heri, simring
amongst them the fortune of both parents, would not be poorer
than their father or mother.

But the law of equal division exercises its inilucncc not mere-
ly upon the pro])erty itself, but it alfects the miutls of the heirs,
and brings their passions into play. These indirect conse-
quences tend powerl'ully to the destruction of large fortunes,
and especially of large domains.

Among nations whose law of descent is founded upon the
right of primogeniture, landed estates often pass from genera-
tion to generation without undergoing division. The conse-
((uencc oi' which is that family leeling is to a certain degree in-
corporated with the estate. The fanfdy represents the estate,
the estate the family ; whose uan\e, together with its origin, its
glory, its jiower, and its virtues, is th\is perpetuated in an im-
])crishable memorial of the past, and a sure pledge of the
future.

When the ecjual jiartition of property is established by law,
the intimate connexion is destioycd between family-feeling and
the preservation of the paternal estate ; tl.e property ceases to
represent the family ; foi-, as it must inevi \bly be divided after
one or tv/o generations, it has evidently a constant tendency to
diminish, anil must in the end be completely dispersed. The
sons of the great landed propiietor, if they are few in number,
or if fortune befriends them, may ind x'd entertain the hope of
being as wealthy as their father, but not that of possessing the
same property as he did ; their riches must necessarily be
composed of elements dilferent from his.

Now, from the moment that you divest the landowner of that
interest in the preservation of his estate which he derives from
association, from tradition, and iVom family pride, you may be
certain that sooner or later he will dispose ol' it ; for there is a
strong pecuniary interest in favor of selling, as floating capital
produces higher interest than real property, and is more readily
available to gratify the passions ol'the moment.

(jlreat landed estates which have once been diviiled never
come together again ; for the small pioprictor draws from his
land a better revenue in j)roportion, llian the large owner does
from his ; and of course be sells it at a higher rate.-'^ The
calculations of gain, therefore, which decided the rich man to

h
r"

•1 ,11

I"
n 1

J 1

If ■ t

i "I

I 1

* I do not mean lo say that the small proprietor cnltiviitos his land better, but
he cultivati!.s it with uioie ardor and care ; so that he uiukesi up by hio labor for
his want of ekill.

, ■» ' ■ ■

: I

sell his domain, will still more powerfully influence him against
buyini^ small estates to unite them into a large one.

What is culled rainily-priile is often Ibuncleil upon an illusion
of self-love. A man wishes to perpetuate and immortalize
himself, as it were, in his great grand-children. Where the
esprit de famille ceases to act, individual sellislmess comes into
play. When the idea of family becomes vague, indeterminate
and uncertain, a man thinks of his present convenience ; he
provides for the establishment of the succeeding generation,
and no more.

Either a man gives up the idea of perpetuating his family, or
at any rate he seeks to accomplish it by other means than that
of a landed estate.

Thus not only does the law of partible inheritance render it
difficult for families to preserve their ancestral domains entire,
but it deprives them of the inclination to attempt it, and compels
them in some measure to co-operate with the law in their own
extinction.

The law of equal distribution proccf ds by two methcds : by
acting upon things, it acts upon persons ; by influencing per-
sons, it alFects things. By these m*eans the law succeeds in
striking at the root of landed property, and dispersing rapidly
both families and fortunes.*

Most certainly it is not for us. Frenchmen of the nineteenth
century, who daily witness the political and social changes
which the law of pai-titiori is bringing to pass, to question its in-
fluence. It is perpetually conspicuous in our country, over-
throvvini? the walls of our dwellings and removiniir the land-
marks ol'our fields. But although ii las produced great ellects
in France, much still remains for it to do. Our recollections,
opinions, and habits present powerful obstacles to its progress.

Iii the United States it has nearly completed its work of de-
struction, and there we can best study its results. The English

* Land being tlie most stable kind of property, we find from time to time, rich
individuals wiio are disposed to maUo^ri!iit.sacriiic«!sin order to obtain it. and who
wilhngly forft^it a considerable part of their incoini! to make sun; of the rest But
these are accidental cases. The preference for l.iiided ])roperty is no longer found
habitually in any class but amoii^' the poor. Tlie small landowner, wlio has lesn
information, less imaj^ination, and fewer passions tlian the ^^reat ono, is <reneraily
occiipi(!d with tlie desiie of increasing his ('state, and it often liappens tiiat by in-
herit ince, by marriaae, or by the chances of trade, he is :;ia(liiaily furnished witii
the means. Thus, to balance the tendency wliieh leads men to diviue their es-
tates, there e.xists another, which incites them to add to them. This tendency,
which is sufficient to prevent estates from being divided ad iiijinituin, is not strong
enough to create great territorml possesBions, certainly not to keep them up in the
same family.

laws cone
almost all
of entail
of prrjpci-
be parcel
])id with t
of little n
altered ; i
all commii
York, wlii
two who .SI
shortly dis
come men
lapsed intc
tlistinefjon:
all to one 1
1 do noi
viduals in
where the
tions of nn
the theory
circulates i
that it is ra
joyment of
This j)ici
charged, st
in the new
the last ceil
the valleys
very soon
heard of Ii
whose nam
their ])lacc
ments we ii
In these St;
inhabitants
another, th
history. Ii
population
and great \
knowledge
i)lc power w

in-

ver-

nd-

t'CtS

ions,
ess.
(le-
lish

laws concernini? the transmission of property were abolished in

almost all the States at tlio time ol' the devolution. The law

of entail was so modiiicd as not to internijit the free eireulation

of jjroperty.* The litst liavini^ passed away, estates began to

bo ))areelled out ; anfl the chanjje beeanie more and more ra-

])id with the proi!:)'ess of time. At this motnent, after a lapse

of little more tlian sixty years, the aspect of sneiety is totally

altered ; the families of the great landed propi'ietors are almost

•: all commingled with the general mass. In the State of New

I York, which formerly contained many of these, there are but

■/ two who still keep tlu.ir heads above the stream ; and they must

^ shortly disappear. The sons of the??c opulent citizens are be-

I come merchants, lawyers, or physicians. j\Iost of them have

1 lapsed into obscurity, '1 he last trace of hereditary ranks and

! distinctions are destroyed, — the law of j)artition has reduced

{! all to one level.

; 1 do not uK.'an th.at there is any deficiency of wealthy indi-
I viduals in the I'^nitcd States; I Unow of no country, indeed,
1 where (he love of money has taken strongfir hold on the alTec-
I tions of men, and where a ]>rofounder contempt is expressed for
^ the theoiT of the permanent e([nality of property. Hut wealth
circulates with inconceivable rajiidity, and experience shows
that it is rare to find two succeeding generations in the full en-
joyment of it.

This j)icture, which may perhaps be thought to be over-
charged, still gives a very im'perfectidea of what is taking place
in the new States of the West and South-West. At the end of
the last century a few bold adventurers began to penetrate into
the valleys of the Mississippi : and the mass of the population
very soon began to move in tliat direction : communities un-
heard of till then weri^ seen to emerge iVom the wilds : States,
whose names wei'e not in existence a I'imv years before, claimed
their place in the American I nion : and in tin; Western settle-
ments we may behold democrj' y arrived at its utmost extreme.
In these States, founded oil' hand and as it were by chance, the
inhabitants are but of yesterday. Scarcely known to one
anotbrr, the nearest neighbors are ignorant of each other's
history. In this part of the American continent, therefore, the
population has not experienced the iniluence of great names
and great wealth, nor even that of the natural aristocracy of
knowledge and virtue. None are there to wield tiiat respecta-
ble power which men willingly grant to the remcndn-ance of a

^ k

: #

\:P

•i ,11

ii'co. Appi'iidix, Ci.

life spent in doing- fifood belorc their eyes. The new States of
the West are nircaily iidiahitcd ; hut society has no existence
among- them.

It is not only the fortunes of men which are e(|u;d in Ame-
ri(!a ; even their aequiiements partake in smne ileijree of tiie
sauie uniloruHfy. I do not helicve that tiiere is a country in the
world where, i.i proi)ortion to tiie popuhition, tiierc are so few
instructed, and at the same time so few learned individuals.
Pi'iinary instruction is within the reach of everyhmiy ; superior
instruction is scarcely to he ohtained hy any. This is not sur-
prising" ; it is in fact the necessary oonse(|uence of what we
have advanced ahove. Ahnost all the Americans are in easy
circumstances, and can therefore ohtain the iii'st elements of
hnman knowledge.

In America there are comparatively i'ew who arc rich enough
to live without a |)rofivssion. livery profession rcfiuiies an ap-
j)rentieesliip, which limits the time of instruction to the early
years of life. At lifteen they enter ui),!ii their calling, and thus
their education ends at the age when ours hegins. Whatever
IS done afterwards, is v/ith a view to some special and lucrative
ohject ; a science is taken up as a matter of husiness, and the
only hranch 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 husiness dur-
ing th(!ir youth ; the conse(|uence of whieu is, that when they
might have hatl a taste Jbr study they had no time for it, and
when the time is at their disposal they have no longer the incli-
nation.

There is no elass, then, in America in which the taste for
intellectual pleasures is transmitted v/ith hereditary fortune and
leisure, and hy 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 hnman know-
ledge. All approach as near to it as they can ; some as they
rise, others as they descend. Of course, an immense mnltitude
of persons are to be lound who entertain the same number of
ideas on religion, history, science, political economy, legislation,
and gov(rnnient. The gll\s of intellect proceed directly from
God, and man cannot ])revent their unetpial distribution. But in
consec|uence of the state ol' things which we liave here repre-
sented, it happens, that although the capacities of men are
widely ditferent, as the f^rc-atoi- has donI)tless intended they
should be, thev are submitted to the same method of treatment.

InAi

from its
stroycd,
scarcely
alfairs.

The (1
much sti
become
family o
lluence (
Ameri
nary plui
in |)oint (
in their s
any age (

POLITICA]

Tiic polit
are easily

It is in
find its w
To concc
point, ytl
the end t

Now I
the f)oliti
his rigli
which a;(
Anglo- A I
medium
of one 111
dition wli
these coi

There
which e\
This pas;
great ; hi
for equal

In America the jiristocratic clement lias always been focbic
froin its birth ; and il' at the prc'seiil day it is not actually de-
stroyed, it is at any ratt; so coinpletily ihsabicd that we can
scaiccdy as.sii,ni to it any dcgTce ol" iiillucnce in the course of
all'airs.

The democratic ))rinciple, on the contrary, bas gained so
mncli strenf^th by time, by events and by lei^isUition, as to have
become not only predominant but idl-powerlid. There is no
family or coroorate authority, and it is rare to liiid even the In-
llucnce ol" inchviihiid ehaiaeter enjoy any dnrabihty.

America, then, exliibits in her soeiid state a most extraordi-
nary pha-nonuinon. Men are there seen on a i?i'eater ecpiality
in point ol" t'orluni! and intellect, or, in otlnn' woitls, more c(pial
in their sti'en,!,^th, tjian in any other country of the \V()rld, or, in
any age of which hi.^ory has preserved the remendjrauce.

POLITICAL COXSEQUEXCES OF THE SOCIAL CONDITION OF THE

ANGLO AMERICANS.

Tiic political consc(iucnces of such a social condition as this
are easily dedncible.

It is impossible to believe that e(piality will not eventually
find its way into the ijolitical world as it does everywhere else*
To conceive of men reinniniuLr forever uneipial upon one sinnle
point, yet eipial on all others, is ini[)<j;^siblc ; they mustconui in
the end to be ecpial upon all.

Now I know of only two methods of establishing ecjuality in
the political woild : every ciii/en niu^t be put in pussifsiiju of
his rii^'hts, or rinhts must be gi'anted to no one. For nations
which are arrived at the same stage of soci;\l exiatence as the
Anglo-Ameiicans, it is therefore very dillieult to di.^cover a
medium b(!fween the sovereii:;niy of all and the absolute power
of one man ; and it woidd be \;\\\\ to deny that the social con-
dition whi(di I have been describing is ecjually liable to each of
these conserpicnces.

There is, in fact, a manly and lawful passion for equality
■which excites men to wish all to be powerl'ul and honored.
This passion tends to elevate the humble to the rank of the
great ; but there exists also in the buinan heart a depraved taste
for equality, which impels the weak to attempt to lower the

I' .

I ,

■T\

powerful to their own level, and reduces men to prefer equality
in slavery to inequality with I'rccdoin. Not that those nations
whose social condition is dcniociatic naturally despise liberty ;
on the contrary, the) have an instinctive love of it. But liberty
is not the chief and constant ol)ject of their desires ; equality is
their idol : they nialce rapid anil sudden ell'orts to obtain liberty,
and if they miss their aim, resign themselves to their ilisappoint-
ment ; but nothing can satisfy them except equality, and rather
than lose it they resolve to perish.

On the other \a!\d, in a state where the citizeiis are nearly
on an ecjuality, it becomes dillicult ior them to [)i''jserve their
independence against the aggressions of power. No one
among them being strong enough to engage singly in the
struggle with advantage, nothing but a general combination can
protect their liberty : and such a union is nut always to be
found.

From the same social position, then, nations may derive one
or the othei' of two great political lesults ; these residts are ex-
tremely dilll-rent iVouj each other, but they may both jiroceed
from the same causL".

The Anglo-Americans are the first who, having been exposed
to this forn>idable alternative, have been happy enough to escape
the dominion of absolute jiowcr. They have been allowed by
thciv circumstances, tiu-ir origin, th* ir intelligence, and es()e-
cially by their moral feeling, to establish and maintain the sove-
reignty '^f the people.

CHAPTER JV.

THE PRINCIPLE OP THE SOVEUEIGNTV OP THE PEOPLE IN

AMERICA.

It i)rc(l(>tniii;il('s ovur '.In' wliolu of.-o'ioly in Aiiicricii. — A))|)llcali(>ii iiiadc ol'lliis
j)iinci|)l(^l>vlli<' AmeiicaiisevciilK'Hiii; tlicii- llcvoliitioii. — l)cvol()|)mciit j;ivon
to ii liy tliat llevoliitioii. — Gradual and iircsistil'lt! ('xtciisiou of tin; <;k'ciive
qualiticai'on.

WnENEvr.ii the ])olilical laws of the United ^rrtates are to be
discussed, it is with tlie doctrine of the sovereignty of the peo-
ple that wc must begin.

The):
be found
stitutionf
without
light, it i
' The
have bee
of every
the vena
others, b
sotne hav
suppositic
conmiant
In Am
not eithei
it is recoji
spreads fi
mote con
the dootii
])reciated,
lairs of s(
be foresee
I iiave
I'cignty of
greater m
however,
ment of sc
nal, the o-
It coulc
which wei
was there
the provin
Amcric
its conse({
wealtij of
shown in t
cratic ind
atithoiity '
were not i
them el(;cl
n'ithin (;ei
cation, wh
siilerable ii
Tlic An

(il'llii.-*

i;i\ oil

;k'(;livi'

The principle of the sovereignty of the people, which is to
be found, more or less, at the bottom of almost all human in-
stitutions, generally remains concealed from view. It is obeyed
without being recognised, or if for a moment it be brought to
light, it is hastily cast bacl< into the gloom of the sanctuary.

' The will of the nation' is one of those expressions which
have been most profusely abased by the wily and the despotic
of every age. To the eyes of some it has been represented by
the venal sulfrages of a few of the satellites of power ; to
others, by the votes of a timid or an interested minority ; and
some have even discovered it in the silence of a people, on the
supposition that the fact of submission established the right of
command.

In America, the principle of the sovereignty of the people is
not either barren or -joncealed, as it is with some other nations;
it is recognised by the customs and proclaimed by the laws ; it
spreads iVeely, and arrives without impediment at its most re-
mote consequences. If there be a country in the world where
the doctrine of the sovereignty of the people can be fairly ap-
ju'eciated, where it can be studied in its ap[)lication to the af-
fairs of society, and where its dangers and its advantages may
be foreseen, that country is assuredly America.

I have already observed that, from their origin, the sove-
reignty of the people was the fundamental princi[)le of the
greater number of Uritish colonies in America. It was far,
however, from then exercising as much inllucncc on the govern-
ment of society os it now does. Two obstacles, the one exter-
nal, the other internal, checked ., invasive progress.

It could not ostensibly disclose itself in the laws of colonics
which were still constrained to obey the mother- country ; it
was therefore obliged to spread secretly, and to gain giound iii
the provincial assemblies, and especially in the townships.

American society wrs not yet prepared to adopt it with all
its conse(iuences. The intelligence of New England, and the
wealtii of the country to the south of the Hudson, (as I have
shown in the preceding chajjter,) long exercised a sort of aristo-
cratic inlluence which teiulcd to limit the exercise of social
authority within the hands of a lew. Tlie j)ul)lic functionaries
were not universally elected, a>id the clii/i-ns were not all of
them electors. The electoral hanehisc was every where placed
within certain limits, and made dependent on a certain ([ualifi-
eation, which was exceedingly low in the North and more con-
siderable in the f^ouLh.

The American revolution broke out, and the doctrine of the

Ctnii

>] ,11

If.

"■■I

sovereignty of the people, which had been nurtured in the town-
ships, took possession of the State : every class was enlisted in
its cause ; battles were fought, and victories obtained for it ;
until it became the law of laws.

A scarcely less rapid change was effected in the interior of
society, where the law of descent completed the abolition of
local iiiduences.

At the very time when this consequence of the laws and of
the revokition became ajiparent to every eye, victory was irre-
vocably pronounced in favor of the democratic cause. All
power was, in fact, in its hands, and resistance was no longer
possible. The higher orders submitted without a murmur and
without a struggle to an evil which was thenceforth inevitable.
The ordinary lute of falling powers awaited them ; each of
their several members followed his own interest ; and as it was
impossible to wring the power fro'n the hands of a people which
they did not detest sulhciently to brave, their only aim was to
secure its goc^ will at any piice. The most deu^ocratic laws
were consequently voted by the very men whose interests they
impaired : and thus, although the higher classes did not excite
the passions of ihe people against their order, they accelerated
the triumph of the new state of things ; so that, by a singular
change, the democratic impulse was found to be most irresisti-
ble in the very States where the aristocracy had the firmest
hold.

The State of Maryland, which had been founded by men of
rank, was the first to proclaim universal suffrage,* and to intro-
duce the most democratic forms into the conduct of its govern-
ment.

When a nation modifies the elective qualification, it may
easily be foreseen that sooner or later that qualification will be
entirely abolished. There is no more invariable rule in the
history of society : the further electoral rights are extended,
the more is felt the need of extending them ; for after each
concession the strength of the democracy increases, and its
demands increase with its strength. The ambition of those
who are below the appointed rate is irritated in exact proportion
to the great number of those who are above it. The exception
at last becomes the rule, concei?sion follows concession, and no
stop can be made short of universal sutlrage.

At the present day the principle of the sovereignty of the
people has acquired, in the United States, all the practical de-

* See theaniuudinentd made to ihu Constitution of Maryland in 1801 and 1809.

velopm(

cumber

other cc

ing to tl

made b}

its reprc

ness in i

In SOI

gree for

sue a cei

pai'tly wi

nothina: <

society g(

and scant

to concei

where.

the choi(

the choic

almost be

share left

get their

natc*

NECESSIT

It is prop
form of g
the soverc
derances,

was
hich
s to
laws
they
scite J
•ated I

velopment which the imagination can conceive. It is unen-
cumbered by those fictions wliicli have been thrown over it in
other countries, and it appears in every possible form accord-
ing to the exigency of the occasion. Sometimes the laws are
made by the people in a body, as at Athens ; and sometimes
its rej)resentatives, chosen by universal suifrage, transact busi-
ness in its name, ant -almost under its immediate control.

In some countries a power exists which, though it is in a de-
gree foreign to the social body, directs it, and forces it to pur-
sue a certain trade. In others the ruling force is divided, being
partly within and partly without the ran'.vs of the people. But
nothing of the kind is to be seen in the United States ; there
society governs itself for itself All power centres in its bosom ;
and scarcely an individual is to be met with who would venture
to conceive, or, still less, to express, the idea of seeking it else-
where. The nation participates in the making of its laws by
the choice of its legislators, and in the execution of them by
the choice of the ng(,'nts of the executive government ; it may
almost be said to govern itself, so feeble and so restricted is the
share left to the administration, so little do the authorities Ibr-
get their popular origin and the power from which they ema-
nate*

CHAPTER V.

NECESSITY OF EXAMINING THE CONDITION OF THE STATES
BEFORE THA* OF THE UNION AT LARGE.

It is proposed to examine in the following chapter, what is the
form of government established iu America on the jirinciple of
the sovereignty of the people ; what are its resoiirces, its hin-
derances, its advantages, and its dangers. The first difficulty

• See Appendix, H.

•J .11

I**

!<> 1

If • *

I' ''i

whicii pvescnts itself arises from the complex nature of the
Constitution of the United »States, which consists of two distinct
social structures, connected, and, as it were, encased one within
the other J two governments, completely separate, and almost
independent, the one fuliillinsi; the ordinary duties, and respond-
ing to the daily and indefinite calls of a community, the other
circumscribed within certain limits, and only exercising an
exceptional authority over the general interests of the country.
In short, there are twenty-four small sovereign nations, whose
agglomeration constitutes the body of the [Inlon. To examine
the Union before we have studied the States, would be to adopt
a method fdled with obstacles. 'IMie form of the Federal (!ov-
crnment of the United States was the last which was adojited ;
and it is in fact nothing more than a modification or a sunnnary
of those republican princijiles which were current in the whole
community before it existed, and independently of its existence.
^Moreover, the Federal CJoverimient is, as I have just observed,
the exception ; the (lovernment of the States is the rule. 'The
author who should attempt to e\liil)it the picture as a whole,
betbrc he had explained its details, would necessarily fall into
obscurity and repetitio*n.

Tl"' great political jjrinciples whicli govern American so-
ciety at this day undoubtedly took their origin and their growtli
in the State. It is therefore necessary to become acquainted
with the State in order to |K)sscss a cltio to the remainder.
The States which at present compose the American Union all
present the same features as far as regards the external aspect
of their institutions. 'I'heir political or administrative existence
is centred in three foci of action, which tnay not inaj)tly be
compared to the different nervous centres which convey motion
to the human body. The township is the lowest in order, then
the county, and lastly the State ; and I propose to devote the
following chapter to the examination of tiiese three divisions.

TPIE AMI

Wliy tlic A I
lowiisliij).
iiig iiidcpi
sliip systei

It is no

Townshif

whicli is s

arc col lee

The to^

nity, must

and custoi

es republi

by the hai

sliij) is co(

rarely resj

to establi;

contains a

if not by t

ship is, on

are less (

which attc

nient than

peojile.

a local hh

" [It isl)y
' Coiiimiiiir, a
precisely cor
sociatinii of
hy a Mnhr a
privilege, \v|i
li'iideil to e\ t
(liviiled at til
wliK'li is ireiir
ties of the .\(
into parishe
lions, exist in
term com inn
excliiv'»iv(!ly t(
noil's {pi risuiit

THE AMERICAN SYSTEM OF TOWNSHIPS AND MUNICIPAL BO-
DIES.*

Wliy the Author begins tlic CYaininalion of flie political iiistitiUions with the
inwiisliip. — Its c\lst(MiC(! in all nations. — Diliiciilly (tl estal)lishiiig and preserv-
ing independence. — Its inifiortance. — Why the Anthor has selected the town-
ship system of New England as the main object ofhia inquiry.

It is not undesignedly that I begin this subject with the
Township. The village or township is the only association
which is so pei-rectly natural, that wherever a number of men
are collected, it seems to constitute itself.

The town, or tithing, as the smallest division of a commu-
nity, must necessarily exist in all nations, whatever their laws
and customs may be : if man makes monarchies, and establish-
es republics, the first association of mankind seems constituted
by the hand of God. lint although the existence of the town-
ship is coeval with that of man, its liberties are not the less
rarely respected and easily destroyed. A nation is always able
to establish great political assemblies, because it habitually
contains a certain number of individuals fitted by their talents,
if not by their habits, for the direction of afiairs. The town-
ship is, on the contrary, comjiosed of coarser materials, which
are less easily fashioned by the legislator. The diiliculties
which attend the consolidation of its independence rather aug-
ment than diiifuiish with the increasing eidightenment of the
people. A highly civili/.ed community spurns the attempts of
a local indepeiulence, is disgusted at its numerous blunders,

■* [Itishy this jioriphrasis that I attempt to render the French expressions
' Coiiiiiiiinr, and ' Sjisli mr. Coniinitniil' I am not awaro that iuiy English word
precisely corresponds to tiie gcjneral term of the original. In l''rance every as-
sociation of human (hveilings I'ormsa roinnniw, and every conmunn! is governed
hy a }Tain' and a ('miscil iinnii(lj)iil. In other words, the iiKiiicijiiitiu or municipal
privilege, which lieiongs in I'^ugland to chartered corporations alone, is alike ex-
li'iidtMl to e\i!iy comminn! into which the cantfuisand depaitments of Eninct' weie
divided at tiie Ilevohiti(Mi. TIkmicc the dillereiU application of tiie expression,
which is general in one country and restrict(ul in the other. In America, the coun-
ties of tii(' Ps'orthern Stales are divided into townships, those of the Southern
into parishes; hnsides which, miinici|i;'.l ho(li(>s, beiring the name of corpora-
tions, exist in the cities. I shall a|)p!y these several expressions to render the
term cuiinnnuc The word, ' |)arish,' now ciimmonly used in England, belongs
exclusively to tlie ecclesiastical di\'ision; it denotes the limits over which a par-
xun's (i)irxuii(i tcr/tsur or perhaps pttruiltianus) rights extend. — Trunslatofs iWott \

\~^ '

•1 ,11

i ."I

>: Vih

and is apt to des w of success before the experiment is com-
pleted. Again, no immunities arc so ill j)rotecte(l from the
encroachments of the supreme power as those of municipal
bodies in general: they are unable to struggle, single-handed,
against a strong or an enterprising government, and they can-
not defend their cause with success unless it be identified with
the customs of the nation and supj)orted '^v pidjlic ()j)inion.
Thus until the indej)endence of townships is amalgamaied with
the manners of a people, it is easily destroyed ; and it is only
after a long existence in the laws that it can be thus amalga-
mated. Municijial freedom eludes the exertions of man ; it is
rarely created ; but it is, as it were, secretly and spontaneously
engendered in the midst of a semi-harbarous state of society.
The constant action of the laws and the national hal)its, pecu-
liar circumstances, and above all lime, may consolidate it ; but
there is certainly no nation on the continent of Europe which
has experienced its advantages. Nevertheless local assemblies
of citizens constitute the strength of free nations. INIunicipal
institutions are to liberty what primary schools are to science ;
they bring it within the people's reach, they teach men how to
use and how to enjoy it. A nation may establish a system of
free government, but without the spirit of munici|)al institutions
it cannot have the spirit of liberty. The transient passions,
and the interests of an hour, or the chance of circumstances,
may have created the external forms of independence ; but the
despotic tendency which has been repelled will, sooner or later,
inevitably re-appear on the surface.

In order to explain to the reader the general principles on
which the political organizations ol'the counties and townships
of the United States rests, 1 have thought it expedient to choose
one of the States of New England as an example, to examine
the mechanism of its constitution, and then to cast a general
glance over the country.

The township and the county are not organized in the same
manner in every part of the Union ; it is however easy to per-
ceive that the same principles have guided the formation of
both of them throughout the Union. I am inclined to believe
that these principles have been carried further in New England
than elsewhere, and conserpiently that they offer greater I'acili-
ties to the observations of a stranger.

The institutions of New England form a complete and regu-
lar whole : they have received the sanction of time, they have
the support of the laws, and the still stronger support of the

> 4

manner
prodigii
on ever

The T(
I ween tli
resj)onds
rage po|
the one J
conflict,
J'alrs are

AUl

Tlio peoplo
IVo cor|)(

])iil)lic oil

In the to
only sou
body of
rlca, the
to the,ut

InN
conduct

arrangen
where th
ment is ii
of repress
the body

" 111 Ifi'X
inhabitant:^ ;

manners of tlie community, over which they exercise the most
prodigious iulhicnce ; they consequently deserve our attention
on exevy account.

) I

LIMITS OF THE TOWNSHIP.

The Township of New England is a division which stands h>
Iwecn the commune and the canton of France, and which cor-
responds in general to the English tithing, or town. Its ave-
rage population is from two to three thousand ;* so that, on
the one hand, the interests of the inhabitants are not likely to
conflict, and, on the other, men capable of conducting its af-
fairs are always to be found among its citizens.

AUTHORITIES OF THE TOWNSHIP IN NEW ENGLAND.

Tlio peoplo tho source of all power here as elsewhere. — Manages its own aflliirs. —
No corporalion. — Tin' ^neater part of the aiuliority vested in the hands of the
Heloctiiien. — How the Sciet'linon act. — Town meeting. — Enumeration of the
puhiic ollicers of the town:<hip. — Obligatory and remunerated functions.

In the township, as well as everywhere else, the people is the
only source of power; but in no stage of government does the
body of citixens exercise a more immedate influence. In Ame-
rica, the people is a master whose exigences demand obedience
to the, utmost limits of possibility.

In New England tlie majority acts by representatives in the
conduct of the jitiblic business of tlie State ; but if such an
arrangement be necessary in general aflairs, in the townships,
where the legislative and administrative action of the gover-
ment is in more immediate contact with the subject, the system
of re})resentation is not adopted. There is no corporation ; but
the body of electors, after having designated its magistrates, di-

'' In If'RO there were 305 townships in the State of Masssachusetts, and 610,014
inhabitants ; which gives an average of about 2,000 inhabitants to each township.

■k

I' : i

gfmm

I'*

tmrn

rects ihem in everything that exceeds the simple and ordinary
executive business of the State.*

This state ofthinj^s is so contrary to our ideas, and so dif-
ferent from our customs, that it is necessary for me to adduce
some examples (o explain it thoroughly.

The |)tiblic duties in the township are extremely numerous,
and minutely divided, as we sliidl see further on ; but tiu! large
prof)orlion of administrative power is vested in the hands of a
small number of individuals called " the f>electmen.t"

The general laws of the ."^tate impose a certain number of
obligations on the selectmen, w hich they may fuKil without the
authorization of the body they govern, but which they can oidy
neglect on their own resi)onsibility. The law of the State
obliges them, for instance, to draw u\) the list of electors in
their townships ; and if they omit this part of their functions,
they are guilty of a misdemeanor. In all the aiVairs, liow-
ever, which are determined by the town-nu'cting, the selectmen
are the organs of the popular mandate, as in France the ^[airc
executes the decree of the niunicij)al council. 'I'hey usually
act u|:on their own responsibility, and merely put in practice
principles which, have been previously recognized by the ma-
jority. But if any change is to be introduced in the existing
state of things, or if they wish to undertake any new enterprise
they are obliged to refer to the source of their [)ower. If for in-
stance, a school is to be established, the selectmen convoke the
whole body of electors on a certain day at an appointed place;
they explain the urgency of the case; ; tliey give their opinion on
the means of satisfying it, on the probable expense, and the site
which seems to be most iavorable. The meeting is consulted
on these several |)oinis ; it adopts the princij)le, marks out the
site, votes the rate, and confides the execution of its resolution
to the selectmen. « ^.a i V- V^

* Tlic snme rules arc not ap])liciili!o lo tlio preat towns, whicli grncrnlly liavo.i
mayor, and a corporation divided into two bodies ; tliis, liowcvcr, is an ( xroption
wliirli rpi]u ros th' sanction of a law. — 8pc tin; act of ii"3d rdiruary \>'2'2, ("or
appointing: llio antlioritics of tlio City of Boston. It frc(]n('ntly liaj)p('ns that
small towns as well as cities arc subject to a jtecidiar adniiiiistratidn. In If^I?!?,
104 (owTiships ill the Slate of New York were governed in ilii.s manner. — Uil-

t Three selectmen arc api)ointed in the small townships, and nine in the large
ones. — Sec ' The Town OiKcer,' p. I8G. Sec al.«o the principal laws of the Stato
of Massachusetts relative to the f.electmen :

Act of tlie!<!Oth February, 17H(). vol. 1. p. 219; 24tli February, 1796. vol. i. p.
4R3; 7th March, 1801. vol. ii. p. 4.^); KUh June, 179.'). vol. i. p. 475; 12th March,
1808, vol. ii, p. 18G; 28th February, 1787, vol. i. p. 30)2; 22d June, 1797, vol. i. p.
639.

Thci
but tliej
of subni
may dtj
Jectmen
presidiiij
The s
or of Mfi
inmiber (
portant j
ship ; tht
to keep t
edition o
orders, g
keeps the
task of s]
men are a
tion ; and
lesser tlioi
cipal funci
and anion
missioners
ent classes
in case o
<-'rs, fence-
measurers
There .1
inhabitant
these difler
order that
without lo;
a fixed sal;
and they
done.

* S^e laws

t All these 1

in a book calle

hi the Collecti

'.! -' ■

n-
le

he
ion

The selectmen have alone the right of calling; a town-meeting ;
but they may be rcqiicsteil to do so : if the citizens arc desirous
of submitting a new project to the assent of the township, they
may dcnmnd a general convocation of the inhabitants ; the se-
lectmen arc obliged to comply, but they have only the rigiit of
presiding at the meeting.*

The selectmen arc elected every year in the month of April
or of May. The town-meeting chooses at the same time a
number of municij)al magistrates, who arc entrusted with im-
portant administrative functions. The assessors rate the town-
ship ; the collectors receive the rate. A constable is appointed
to keep the peace, to watch the streets, and to forward the ex-
ecution of the laws; the town-clerk records all the town votes,
orders, grants, births, deaths, and marriages ; the treasurer
keeps the funds ; the overseer of the poor performs the ditlicult
task of suj)erintending the action of the poor laws; committee-
men are appointed to attend to the schools and to public instruc-
tion ; and the road-surveyors, who take care of the greater and
lesser thoroughfares of the township, complete the list of the prin-
cij)al functionaries. They are however, still further subdivided ;
and among themunicii)al oflicers are to be found parish com-
missioners, who audit the expenses of public worship ; ditler-
ent classes of inspectors, some of whom are to direct the citizens
in case of fire ; tithing-men, listers, haywards, chimney-view-
ers, fence-viewers to mantain the bounds of property, timber-
measurers, and scalers of weights and measures.!

There arc nineteen principal otiices in a township. Every
inhabitant is constrained, on pain of being fined, to undertake
these different finictions ; which, however, are almost all paid, in
order that the poorer citi/xiis may be able to give up their time
w ithout loss, in general the American system is not to grant
a fixed salary to its functionaries. Kvcry service has its price,
and they arc remunerated in proportion to what they have
done.

* Sf-c l;uv.s of I\rns«ap!msptl.«. vol. i. p. ITjO, Act of tlio Goth ^^al•<•ll, IT.-^O,
I All tliesi! iiKiyistratos (ictnally exist ; tlioir iliiVoreiit t'uuctioiis are all detailed
in a book calliul ' Tlit; Town Ollicer,' l)y Isaac- (ioodwiii, Worcester, \f'27 ; and
iu the Collection of the tienoralLuwa of Massachusetts, 3 vols,, Boston, 1S23.

'5' .«
}

I' ''i

i ! ;

t. ■ ■'

.4'

EXrSTENCE OF THE TOWx\SIIIP.

Every one tlic best jiulge of Iiia own interest. — Corolliiry of tlie principle of tlio
poveri'iitnfy of iIk' |)(!0|)le. — Ap|iliciitioM of tiiesc; doctrines in tlie lownsliips of
AinericM.— Tlu- township of JNew i;nf;lim(l is sovcrci;:!! in lliiit concerns itself
nIoiH!; siilij(.'cl lo llie 8tiite in iill oilier niiillers. — 15(in<l of lo\vnsliij» luiil tlie
State. — In Triince the (foverninent lends its agents to tlie Coiinuiiia, — In Ame-
rica tile rever.se oceurs.

I HAVE already observed, that the priiicij)le of the sovereignty
of the peo])le g-overns the whole })()litical system of the Anglo-
Americans. J'lvery page of this hook will allbrd new instances
of the same doctrine. In the nations by which the sovereignly
of the people is recognised, every intiividiial j)ossesses an c(]iial
share of power, and |)articipates alike in the government ol'the
State. Every individual is therefore supposed to be as well
informed, as virtuous, and as strong as any of his fellow-citi/.ens.
lie obeys the government, not because he is inferior to the au-
thorities V 'ich conduct it, or that he is less capable than his
neighboi governing himself, but because he acknowledges
the ut'Iity of an association with his fellow-men, and because he
knows that no such association can exist without a regulating
force. If he be a subject in all that cont^crns the mutual rela-
tions of citizens, he is free and n^sponsible to (Jod alone for tdl
that concerns himself. Hence arises the maxim that everyone
is the best and the sole jutlge of his own private interest, and
that society has no right to control ;i man's actions, unless they
are prejudicial to the common weal, or unless the common weal
demands his co-operation. This doctrine is universally admitted
in the United States. I shall hereafter examine the general in-
fluence which it exercises on the ordinary actions of life: I am
now speaking of the nature of muni<i])al bodies.

The township, taken as a whole, and in rehitioii to the gov-
ernment of the coitntr\', may be looi^ed upon as an individual
to whom the theory I have just alluded to is apj)lied. Municipal
indejiendence is therefore a natural consequence of the princi|)le
of the sovereignty of the people in the United tSttites : all the
American republics recognise it more or less ; but circiunstances
iiave peculiarly favored its growth in ?^cw England.

In this part of the Union the impidsion of political activity
was given in the townships ; and it may almost be said that

each (

the ki

tented

of i\e

they ai

pepenc

not be

cof'rai

to tlie i

hi thost

to all tl

tliemsel

believe

that the

The to\\

dieted, ;i

opposilit

i<lMe.

They
the conin
neither g
road, the
« police r
the town,
over the
-'schools w
tion of the

«l<;ins by

different c
tion. Str
'uij)oses it
••^hij) resiini
h' the Sta
•■^'"'p ; the
builds, pax
tor receivi
loceives thi
'♦''ids its ai
the agent
t«nt of the

each ofthcni originally fornjcd an independent nation. When
the Ivings of England asserted their supremacy, they were con-
tented to assunu.' the central power of the State. The ti.ivnsh.ps
ol" JNew Jinghind remained as they were bel'ore ; and although
they are now subject to the tState, they wore at lirst scarcely dc-
pependent upon it. It is important to remember that they have
not been invested with privileges, but that they seen), on the
eoi'*rary, to have surrendered a |)ortion of their independence
to the State. The townships are oidy subordinate to the State
in those interests which 1 sliall term social^ as they are common
to all the citizens. Tln'y are independent in all that concerns
themselves ; and amonii'st the iidiabitants of New i-'ingland I
believe that not a man i> to be Ibund who would acknowledge
that the State has any right to interfere in their local interests.
The towns of iNevv J'^nglaiul buy and sell, prosecutt- or are in-
dicted, augment or diminish their rates, without the slightest
opposition on the part of the administrative authority of the
State.

They are bonnd, however, to comply with the demands of
the community. Jf the State is in need of money, a town can
neither give nor withhold the supplies. If the State projects a
road, the towii>liip cannot refuse to let it cross its territory ; if
a police regulation is nuule by the State, it nmst be enlbrced by
the town. A uniform system of instruction is organized all
over the country, anil every town is bound to establish the
schools which the law ordains. In speaking" of the administra-
tion of the I uited States, I shall have occasion to point out the
means by which tlu; townships aie conn)(>ll(>d to obey in these
difl'erent cases : I here merely show the existence of the obliga-
tion. Strict as this obligation is, the government of the State
imposes it in j)rinciple oidy, ami in its performance the town-
ship resumes all its indepemlent rights. Thus, taxes are voted
by the State, but they are assessed and collected by the town-
ship ; the existence of a school is obligatory, but tlie township
builds, pays, and superintentls it. Tn France the State-collec-
tor receives the local imposts ; in America the town-collector
receives the taxes of the State. Thus the French (Jovernment
lends its agents to the connnunc ; in America, the township is
the agent of the Government. The fact alone shows the ex-
tent of the differences which exist between the two nations.

fitaftii

i' I

BBCa

rUBLTC SPIRIT OF THE TOWNSHIPS OF NEW ENGLAND.

IIovv the township of Now rnglimd wins the nIVoctioiiH of itn inliiihifimtH. — Ditli-
ciihy of (.'it'iitirii,' lociil piililic spirit in I'lmopc? — 'I'lii! ri;i;lil'^ and ilnlics of tlio
Aim;ric;in towiisliip fivoiiihlo to it — ( lianu'tciisiif's of lionic in the I'niteil
States. — Manifestations of public npiril in NevvEnghind. — Its liappy cll'ects.

In America, not only do municipal bodies exist, but lliey are
kept alive and supported by ])iiblic spirit. The townsliip ot*
New Kny;land possesses two advantages which inl'allibly secure
the attentive ititerest of maid\ind, namely, independence and
authority. Its sphere is indeed small and limited, but within
that sphere its action is unrestrained ; and its inde))endencc
would give to it a real importance, even if its extent and popu-
lation did not ensure it.

It is to be remembered that the afl'ections of men are gene-
rally turned only where there is strength. I'atriotism is not
durable in a conrpiercd nation. The New Englander is at-
tached to his township, not oidy because he was born in it, but
because it constitutes a strong and free social body of which he
is a member, and whose govcrnnicnt claims and deserves the
exercise of his sagacity. In Kuro|K' the absence of local pub-
lic spirit is a frequent subject of regret to those who are in
power ; every one agrees that there is no surer guarantee of
order and irantpiillitv, and yet nothing is more dillicult to
create. If the municipal bodies wereniade powerful and inde-
pendent, the authorities of the nation might be disunited, and
the peace of the country endangered. Y et, without power and
independence, a town may contain good subjects, but it can
have no active citizens. Another important fact is that the
township of New England is so constituted as to excite the
warmest of human allections, without arousing the ambitious
passions of the heart of man. The oilicers of the comity arc
not elected, and their authority is very limited. Even the State
is only a second-rate community, whose tranquil and obscure
administration od'ers no inducement sullicientto draw men away
from the circle of their interests into the turmoil of public af-
fairs. The federal government confers power and honor on
the men who conduct it ; but these individuals can never be
very numerous. The high station of the Presidency can only

be rea(
fiinctio
tune, o
the ])t>ri
as a cer
interest
of the (
monly t
vent so
In tht
admirab
sible nui
of the el
body ])ol
cers, win
erful corj
tration tl
a vast nui
The A
among so
tlons of t
I't^ved, an
wliich is I
the activi
daily man
right; an
society w
'li'e A
taineer c
his coiinti
Tiic existt
a haj)py o
chosen by
general c(
municipal
ness is eas
been com
people lire
tion exists
munity is
which ma
general ct
defective, (

tni

be rcaclioi' at an advanced period of life ; and the other federal
fimctioiiario. arc j-emirally men who have been favored by I'or-
tiiue, or distinguished in some other career. Such cannot be
the permanent aim of the ami)itiou3. ]iiit the townshij) serves
as a centre for the desire of public esteem, the want of exciting
interests, and the taste for autiiority and popularity, in the midst
of the ordinary rehitions of IKi) : aiul the passions which com-
monly embroil s(tciely, change their character when they find a
vent so near the domestic hearth and th(! family circle.

In the American States power has been disseminated with
admirable skill, for the piu'pose of interesting the greatest pos-
sible number of j)ersons in the common weal. Independently
of the electors wIjo are from time to time called into action, the
body politic is divided into innumerable functionaries and olli-
cers, who all, in their several spheres, represent the same pow-
erful corporation in whose name the}' act. The local adminis-
tration thus allbrds an unfailinj^ source of prolit and interest to
a vast number of individuals.

The American system, which divides the local authority
among so many citi/.ens, does not scru[)le to multiply the func-
tions of the town ofllcers. For in the I tilted States It is be-
lieved, and with truth, that |)atriotism is a kind of devotion
which is strengthened by ritual observance. In this manner
the activity' of the township is continually perceptible ; it is
daily manifested in the fuliilment of a duty, or the exercise of
right ; and a constant though gentle motion is thus kept up in
society which animates without disturbing it.

TI;e American attaches himself to his home, as the moun-
taineer clings to his hills, because the characteristic features of
his coutitry are there more distinctly marked than elsewhere.
The existence of the townships of New England is In general
a happy one. Their government is suited to their tastes, and
chosen by themselves. In the midst of the j)rofound peace and
general comfort which reign In America, the commotions of
nuinicipal discord are unfrer|ucnt. The conduct of local busi-
ness is easy. The political education of the people has long
been complete ; say rather tliat it was <'.omplete when the
people lirst set foot ujjon the soil. In i\e, England no tradi-
tion exists of a distinction of ranks; no portion of the com-
munity is tempted to oppress the remainder; and the abuses
which may injure isolated individuals arc forgotten in the
general contentment which prevails. If the government is
defective, (and it would no doubt be easy to point out its de-
7

if . 1

^<'-.

\ ,:i

liciencies,) tlie fact that it really emanates from those it crov-
crns, and that it acts, eitiier ill or well, casts the protecting
spell of a parental pride over its lauhs. No term of compari-
son disturbs the satisfaction of the citizen : England Ibrmerly
governed the mass of the cr)lonies, but the people was always
sovereign in the township, where its rule is not only an ancient,
but a primitive state.

The native of New England is attached to his township be-
cause it is independent and free : his co-operation in its affairs
ensures his attachment to its interest ; the well-being it aObrds
him secures his ad'ection ; and its welfare is the aim of his am-
bition and of ills future exctions : Ik* takes a part in every oc-
currence in the place; he practises the art of government in
the small sphere within his reach ; he accustoms himself to
those forms which can alone ensure the steady progress of
liberty ; he imbibes their sj)irit ; he acquires a taste for order,
comprehends the union or the balanct; of powers, and collects
clear j^raciical notions on the nature of his duties aiul the ex-
tent of his rights.

THE COUNTIES OF NEAV ENGLAND.

The division of the counties in America has con-,iderable an-
alog3Mvith that of the arrondissements of France. The limits
of tin cou.itios are arbitrarily laid down, and the various dis-
tricts which they contain have no necessary connexion, no
common traditional or natural sympathy : their object is simply
to facilitate the administration of ])ublic affairs.

The extent of the township was too small to contain a sys-
tem of judicial instUutlons ; (vicli county iias however a court
of Justice,* a s'lerilf to execute its decrees, and a prison for
rriminals. Tlin'> are certain wants which are felt alike by all
the lounships of a county ; it is therefore natural that they
should be satisfied !)y a central authority. Jn the State of
Massachusetts this authority is vested in the hands of several
magistrates, who are a])j)ointed by the Governor of the State,

* See the Act of the 14th of Februaiy, 18'21. Luvvs of Massachusetts, vol, i
p. 551.

with th(

have on

cablo t(

townshi

business

oliicers,

bly whic

therefon

A t\v(

stitution-

tive, and

IScw Kn,

peudencc

introduc(

All the ti

the Stall

action of

said to c}

AiiiniiiisfiMi

lihcru- i<

AuiI'lK ,111

th(! tow ii~
li;iti\«' liii'
■■^oii of ihi-
W lid i> (i|
fi' ilic l.iu.

SiMjIICIlCC

.liisticc .1
rcr; — ciiM

lion. — Rl;;

tralivo fun

^'oT^I^'{;
(juited St
ment, or t
and one s(
thing is in

* .See the

f Tho coin
r ^iic the

with the advice* of his council. t The oflicers of the county
have only a limited and occasional authority, which is appli-
cahJe to certain predetermined cases. The Htate and the
to\vnshi])s possess all tlie power requisite to conduct public
business. The budj^et of the county is only drawn up by its
oilicers, and is voted by the le;rislature4 There is no assem-
bly which directly or indirectly represents the county : it has
therefore, properly speaking', no political existence.

A twofold tendency may be discerned in the American con-
stitutions, which impels the legislator to centrali^ce the legisla-
tive, and to disj)erse the executive power. The township of
New JMigland has in itself an indestructible element of inde-
pendence ; but this distinct existence could only be fictitiously
introduced into the county, where its utility had not been felt.
All the towi'-hips uniteil have but one representation, which is
the State, ihu centre of the national authority : beyond the
action of the townshi[) and that of the nation, nothing can be
said to exist but the inlluence of individual exertion.

ADMINISTRATION IN NE"*I< ENGLAND.

Aihiiiiiisti'.iiioii not iii'irt;i\{'(l in Ainorica. — Wliy ' — The I'lnropeans believo tliaf.
lihcitv i-: pronioti'd liy dojiriv ini: tlio social aiitliorWy t)f some of its riglits; the
j\\iii'rii ;iii , l>y (li\ i'lin^r its cxcreiso. — Ahmistall tho aihiiinistration continfHl to
lh(! low n-liii), and divided anioii^'st th<; town-olliccrs — No Irare of an achtiinis-
liali\i! liit'iarcliy to he pcn'i'iv cd cilli.T in tlu' lownship, or above it. — The rea-
son of this. — How it liapiicns that l! e adniinislratioii of Uu' 8tatc is nnifbrni. —
Who is einpowerecl to eiilorro tiie olinlipnce f>l* the township and the connty
1(1 the law. — 'I'he inliodiictioii of Judicial })o\ver into the ailniinisiialioti. — Con-
se(pience ol' the evteniiion ol' the ehu'tive principle to all fiin''ti()naries. — The
Justice "i' the Peace in New j'aijjl.nid. — lly whom appointed — Conntv otH-
cer: — ensures tlu' adiiiiui-iralion ol'liie townships. — Court of Sessions. — Its ac-
tion. — Ui^jiit ol" ii |ieciiiui and indictnn iii di>~cmii.ated like the other aiiaiiuis-
trative ruiiclions. — Inronuers encouraged by iho division of lines.

NoTHTNa is more striking to an Eiirojiean traveller in the
United States than the absence of what we term the (Jovern-
nient, or the Administratic j. Written laws exist in America,
aiul owe sees that they arv laily executed ; but although every
thing is in motion, the h iid which gives the impidse to the

* Seethe Act of the 20th Febniary, 1811). Laws of Massachusetts, vol. ii.
p. lit;.
t The cotuicil of the CJovernor 's an elective body.
j Sec the Act of 'id November, 171)1. Liws of ilassachtiseU?', vol. i. p. 61.

{ •

I," , 1

social machine can nowhere be discoveretl. Nevertheless, as
all peoples arc obliged to have recourse to certain grammatical
forms, which arc the foundation of human language, in order
to express their thoughts ; so all communities are obliged to
secure their existence by submitting to a certain portion of au-
thority', without which tiiey fall a prey to anarchy. This au-
thority may be distributed in several ways, but it must always
exist somewhere.

There are two methods of diminishing the force of authority
in a iiation :

The first is to weaken the supreme power in its very princi-
ple, by forbidding or preventing society from acting in its own
defence under certain circumstances, 'i'o weaken authority in
this manner is what is generally termed in Europe to lay the
foundations of freedom.

The second manner of diminishing the inlluence of authority
does not consist in stripjiing society of any of its rights, nor in
paralysing its efibrts, but in distributing the exercise of its
privileges in various hands, and in multiplying functionaries,
to each of whom the dcgi'ce of power necessary for him to j)er-
form his <luty is entrusted. There may be nations whom this
distribution of social jjowers might lead to anarchy ; but in it-
self it is not anarchical. The action of authority is indeed
thus rendered less irresistible, and less perilous, but it is not
totally suppressed.

The revolution of the United States was the result of a ma-
ture and deliberate taste for freedom, not of a vague or ill-de-
fmed craving for indejiendence. It contractetl no alliance with
the turbulent passions of anarchy ; but its course was marked,
on the contrary, by an attachment to whatever was lawful and
orderly.

It was never assumed in the United States that the citizen of
a free country has a right to do whatever he j)leases ; on the
contraiy, social obligations were there imposed upon him more
various than anywhere else ; no idea was ever entertained of
attacking the j)rin(;iples, or of contesting the rights of society ;
but the exercise oi' its authority was divided, to the end that the
ollice might be powerful and the otiicer insignificant, and that
the comnnuiity should be at once regulated and free. Jn no
countrv in the world does the law hold so absolute a language
as in America ; and in no country is the right of applying it
vested in so many hands. The admini-^trative ))ower in the
United States presents nothing either central or hierarchical in

its cor

The p(

Englar

magisti

of the J

laws, tl]

but moj

with the

ciaj life,

and pro

commui]

Lastly, 1

and with

gencies

It resi

chusetts

to the to

her of in

but one (

England

teen fimc

The law

mayistrat

perlbrm (

Above til

dignities i

otiicers ii

* Son 'T
Cor.r.K( rous,
f^aiKj : III,. .St

town-oliict'i-s

till' LllWD of

'I'lic sclocii
■111(1 triiiisiiiit
-•ill FrU, 17!
t Tl.iis. fn,
"lit ilic jirojK
'Ik' iifiirliliorl
f Tlu. Sd0(
fTi'His (lisoaso,
I7i>7: vol. i.
*S I s;iy fi/„
wliicli arc r<^
the justices c.
are graiiU'cl li

its constitution, which accounts for its passing unperceived.
The power exists, but its representative is not to be perceived.

We iiave already seen that the independent townships of New
England protect their own private interests ; and the municipal
magistrates are the j)ersons to whom the execution of die laws
of the State is most frequently entrusted.* Besides the general
laws, the States sometimes passes general ])olice regulations ;
but more commonly the townships and town oiilcers, conjointly
with the justices of the peace, regulate the minor details of so-
cial life, according to the necessities of the diderent localities,
and promulgate such enactments as concern the health of the
community, and the peace as well as morality of the citizens.!
Lastly, these municipal magistrates provide of their own accord
and without any delegated powers, for those unforeseen emer-
gencies which frequently occur in societ}-!

It results from what we have said, thaf in the State of Massa-
chusetts tiie atlministrative authority is almost entirely restricted
to the township^, but that it is distributed among a great num-
l)er of individuals. In the French commune there is properly
but one ollicial functionary, namely, the IMairc ; and in New
England we have seen that there are nineteen. These nine-
teen functionaries do not in general depend upon one another.
The law carefully prescribes a circle of action to each of these
miiiz:Istrates; and within that circle they have iui entire right to
j)erform their functions iiic!ependentl\ of any other authority.
Above the township scarcely :hi trac;' of a scries ol' ollicial
dignities is to be foinid. It sometimes happens that the county
olllcers alter a decision of the townships, or

town magis-

* Son * "^riio Towii-Olliccr,' (>sjioci;illy at tlio words fiF.LF.rTMKV, Asskssous,
Coi.i.Kc Tous, S( irooi.s, Si r\ kvor-* or IIk.hwavs. Itakc onoexaniiile in a lliou-
saiiil : tlic Stat(! prolilhils tiavclliiijr on the. Siiiidav; llio tijllinKj-inni, who are
town-oiriccrs, are especially cliar^ed to Ueep walcli and to exeeiite the law. See
the Laws of Massachusetts, vol. i. p. 410.

'I'he seltM'tmeii draw up the lists of electors for the election of the governor,
and transmit tiie result of the liallot to the secretary of the ritale. See Actofthe
:jltli Frh, ITiHi: Id., vol. i. p. 1SH.

t Thus, for instance, the selectmen anthori/.e the eon.strnction of drains, point
out the |)"f)[ier sites for sla.ighter-houses and other trades wjiiehare a nuisance to
the neii^hliorhood. See thr- Act of the Ttii.hine, 17"^."); Id., vol. i. p. VX\.

[ The selectmen lake measures for the security of the ])nhlic in case of conta-
gious diseas(!, eoiijoiniiywidi the justices of the ])eace. Set; Act of the 'i'id Juno,
17;>7: vol. i. p. Tilin.

iS I sny tiliiKisI for there are various circumstances in tlieaiuials of a township
which are regulated hy the Justice of the pea(!e in his individual capacity, or hy
the justices of the peaei', assenihled in the chief town of the county ; thus licenses
are {^ranted liy the ju.-liees. See tiie Act of th«"J.~di Teh. 17^7 : vol. i, p. *Ji)7.

(C.

.h I

trates^ but in "-eiieval the anlhoritics of the county have no
ri"-ht to intei I'c'c v/iiii t'lc authorities of the townshipfj except
iifsuch niattois as concern the county.

The nia"-istrates of the township, as well as those of the
county, are bound to communicate their acts to the central gov-
ernment in a very suiall number of i)re(leterminctl cases. | Jiut
the central government is not represented by an iiuhvidual
whose business it is to j)ublish police regulations and ordonnan-
ces enforcing the execution of the laws ; to keep up a regular
communication with the ollJcers ol' the township antl the coun-
ty ; to inspect their conduct, to direct their actions, or to rcpii-
mand their faults. There is no point which serves as a centre
to the radii of the administration.

What, then, is the unifoi'tn plan on which the government is
condiietetl, and how is th" compliance of the counties and their
magistrates, or the townships and their ollicers, eni'oreed ? In
the States of New England the legislative authority embraces
more subjects than it does in France ; the legislator pcneti'ates
to the Aery core of the athnlnistration : the law descends to the
most minute details ; the same enuctnnnit prescribes the prin-
ciple and the method of its ajiplication, and thus imposes a mul-
titude of strict and rigorously defined obligations on the secon-
dary functionaiies of the State. The consequence of tiiis is,
that if all the secondary functionai-ies of the administi'ation con-
form to the law, society in all its brandies proceeds with the
greatest unil'ormity ; the didicMlty remains of compelling tlie
secondary functionaries of the administration to conform to the
law. It may be alhrmed, that, in general, soeiety has oidy two
methods of' eid'orcing the execution of' the laws at its (ri>posal ;
a discretionary power may be enlrusted to a superior function-
ary of directing all the others, and of cashiering them in case of
disobedience ; or the courts of justice may be autliori/.ed to in-

Tliiislicciisos nvc only njrimlod to siicli ])orsoii.« n.« can prodnrc a c^rtificttte o-
jrodl rondiic'l tVoiu llu! sclccliin'ii. If llic selectmen rel'ii--e to it\\ ,> (lie c, iiiticaie
tlie ]iarl\' in.iy iipiieal to tlio iiisliccs as-mnliled m ilie Cnnrt oC .*>e>sions; atidtlie\
mav arant the license. i*ee Act of I'iili Maicli, ]>U~ • noI. ii. p. Ir^ti.

'j'lio townships liavo the i-'^ilit t(t make hy-laws, and to enloicr dieni hv flm,'-
w'.iicli are fixed hy law ; i)ul these hy-laws nnisl he appio\ed hy die Coiirl oC ."Ses-
sions. t?en Act of vJIld Marcii, IThI: vol. i, p. ','.'»!

t In Massachusetts the reiinly niajfislrate> aie licipiendy calleti , mu to iiives-
iiirale tln> acts of the town iniiiiivUahH i Jmi n will he >hn\\ ii fiiiliiei- on that this
investigation is a eon^eipu'iu'e. not of lliell adiniinsliuiive, hiit of tiieir judicial
power.

t Tlie huvn eonintitti'o* of soliools are ohliged to mal." an aiinnai report to the
seeretiirv of the Stale on the condition of the scliool. .'ic Act of JUih March.
1??'J*" vol ill. p I%3.

ilict ji
are no
The
iering i
promo J
ed ;nag
elective
fact, th
iear fro
by ballc
the doui
can nev
power o
iiig a pu
The ,
tionaiics
to make
tratioii.
are apt U
one cone
the jiKJgc
both thes
cited to
election o
judicial pc
iii the on I
and it A-i li
.K'ft to )ti,;
'lol or^)e
''fe mediui
bodies: thr
without vi
judicial po
the exact r
"stittjtions
archy or in
It Inis ul
I'ot render
'i'he Amcrii
t'le idea of
of Ell ropy .

'I'he Jiisti
the niagistii,
olliccr and t

flict judicial penalties on the offender : but these two methods
are not always available.

The right of directing a civil officer presupposes that of cash-
iering him if he does not obey orders, and of rewarding him by
promotion if he fuliils his duties with propriety. But an elect-
ed magistrate can neither be cashiered nor promoted. All
elective functions are inalienable until their term is expired. In
fact, the elected magistrate has nothing either to expect or lo
fear from his constituents ; and when alF public oflices are fdled
by ballot, there can be no scries of oflicial dignities, because
the double right of commanding and of enforcing obedience
can never be vested in the same individual, and because the
power of issuing an order can never be joined to th^it of inllict-
ing a punishment or bestowing a reward.

The communities therefore in wiiich the secondary func-
tionaries o\' the government arc elected, are perforce obliged
to make great use of judicial penalties as a means of adminis-
tration. This is not evident at lirst sight ; Jor those in power
are apt to look upon the ii>stitution of elective functionaries as
one concession, and the subjection of the elected magistrate to
the judges of the land as another. They are equally aveise to
both these innovations ; and as tliey are more pressingly soli-
cited to grant the I'ormcr than the latter, they accede to the
election of the magistrate, anti leave iiim indc]icndent of the
judicial power. Nevertheless, the second of these measures
is the only thing that can j)ossibly counterbalance the lirst ;
and it A-ill be found that an elective authority which is not sub-
joct to ju.licial |)ower will, sooner or later, either elude all con-
trol or ill' ilestroyed. The courts of justice are the only possi-
ble medium between the central ])ower and the administrative
bodies: they alone can compel the elected functionary to obey,
without viohuinj; the rights of the elector. The extension of
judicial power in the jx^litieal world ought therel'ore to be in
the; exact ratio of the extension of elective otiiecs ; if these two
institutions do not go hand in hand, the State must lall into an-
archy or iulo subjection.

It has always been remarked that habits of legal business do
not render men ajit to the exert-ise of administrative authority.
The Americans have borrowed from the English, tlieir lathers,
the idea of an institution which is unknown upon (he continent
of Europe ; I allude to that of Justices of the Peace.

The Justice of the Peace is a sort oi' iiicz:o lernniu between
the maglstiale and the man of the world, between the civil
oiUcer and the judge. A justice of the pcucc is a well-infoi med

'> r

* \

i >

citizen, though he is not necessarily versed in the knowledge of
the laws. His oflice simply obliges him to execute the police
regulations of society ; a task in which good sense and integ-
ritv arc of more avail than legal science. The justice intro-
duces into the administration a certain taste for established
forms and publicity, which renders him a most unserviceable
instrument of despotism ; and, on the other hand, he is not
blinded by those superstitions which render legal officers (it
members of a government. The Americans have adopted die
system of English justices of the peace, but they have deprived
it of that aristocratic character which is discernible in the mo-
ther-country. The Governor of Massachusetts^' appoints a
certain number of justices of the peace in every county, whose
functions last seven years. f He further designates three indi-
viduals from amongst the whole body of justices, who form in
each county what is called the Court of Sessions. The Jus-
tices take a personal share in ])ublic business ; they are some-
times entrusted with administrative functions in conjunction
with elected oiricersj ; they sometimes constitute a tribunal,
before which the magistrates s'lr-imarily prosecute a refractory
citizen, or the citizens inforr-. r>'-,,.lrist the abuses of the magis-
trate. 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 en-
force the obedience of the greater number§ of public officers. ||
It must be observed, that in the State of jMassachusetts the
Court of Sessions is at the same time an administrative body,
properly so called, and a ])olitical tribunal. It has been as-
serted that the county is a purely administrative division. The

* We shall hereafter learn what a Governor is : I shall content myself with re-
marking in this plaee that he represents tlie executive ])ower of the whole HUitv.,

t See the ("onstiliition of Massaclnisetts, eha[i. II. sect. 1. vS 1» : chap. III. vS '.I

t Thus, for example, a straiifrer arrives iji a township from a country where a
oontaf;ious disease ))revails,aiul he falls ill. Two justices of the peace can, with
the assent of the selectmen, order the ^herill' of the county, to reino\ e and take
care of him. Act of'2'Jd .hine, 17'.)7; vol. i. p. oU),

In f^eneral the justices interfere in all the important acts of the administration,
and (live them a seuu-iiidicial character.

v\ I say ///(• iTj-citir inmilit r. because certain administrative misdemeanors arc
brought hefort! the ordinary tribunals. If, (or instance, ;i iownship refuses to
make the n(.'C(;ssary expenditure; for its schools, or to name a school-connnittee,
it is liahlc! to a heavy line. fSut thi.s penalty is pronounci'd liy the Sn|ireme .lu-
dicial Coin-| or the Court of Conunon I'leas." Sec; Act of iOlh March, 1S27, Laws
of I\Iassa<'husetts. vol. iii. p. 1I)it. Or when a township np<,dects to provide tlio
nepe-i«ary war-stores. Act of "ilst Fehruary. IH'Jii, Id. vol. ii. p. 570.

II In their individual capacity the Justices of the Peace take a part in the business
of the counlii's and i<)wii-hip<. TIk; more imporlant acts of the nuinicipal •gov-
ernment are rarely decided upon wiiJiout Uie CQ-operutiou of one oi' tiieir body.

Court

whichj

of the

them ii

duties (

tive; a

forms c

ibrmatii

presides

brought

in some

The /

as entire

townshi]

by the t

tempts t(

its assess

penalty. +

*^\e sheril

lie mand

>ftheGo

of a judi(

forti/ied b

cd the for

These
The dema
accurate!}
(^omplicati
But the cli
fownship,
AH the re
may be gu

:* Tiiese al
prisons ,1,1(1 c(
liy lh(," ."^tale.
tJnts. 5. 'J'ii

t Thus, ^vli
ofhy the aid

f >See Act o

V^ There i.

>Sni)p().(, (1,;,(

iiave not h( en
■supplies. As
the roads, jinil
extraordinary-
Ihreatenini,^ the
Wee AclolT.th

Court of Sessions presides over that small number of affairs
which, as they concern several townships, or all the townships
of the county in common, cannot be entrusted to any one of
them in particular.* In all that concerns county business, the
duties of the Court of Sessions are therefore purely administra-
tive ; and if in its investigations it occasionally borrows the
forms of judicial procedure, it is only with a view to its own in-
formation,! or as a guarantee to the community over which it
presides. But when the administration of the township is
brought before it, it almost always acts as a judicial body, and
in some few cases as an administrative assembly.

The first difliculty is to procure the obedience of an authority
as entirely independent of the general laws of the State as the
township is. We have stated that assessors arc annually named
by the town-meetings to levy the taxes. If a township at-
tempts to evade the payment of the taxes by neglecting to name
its assessors, the Court of Sessions condemns it to a heavy
penalty, j: The fine is levied on each of the inhabitants ; and
the sherilf of the county, who is an (jlTicer of justice, executes
he mandate. Thus it is that in the United States the authority
>f the Government is mysteriously concealed under the forms
of a judicial sentence ; and its influence is at the same time
fortified by that irresistible power with which men have invest-
ed the formalities of law.

These proceedings arc easy to follow, and to understand.
The demands made upon a township arc in general plain and
accurately defined ; tliey consist in a simple I'act without any
complication, or in a i)rinciple without its application in detail, §
liut the difficulty increases when it is not the obedience of the
township, but that of the town-oflicers, which is to be enforced.
All the reprehensible actions of which a ])ul)lic functionary
may be guilty are reducible to the following heads :

* Tlicsi! iilVairs may l)o broiiglil iinili'r tlio fdllnwin^ heads : 1. Tlic erection of
prisons and courts of Justice. 2. The county budget, uhicii is afterwards voted
by th(! rotate. W. The assessment oftiie taxes so voted. 4. (i rants of certain pa-
tents. r>. Tiie laying down and repairs of tiio county roads.

t Thus, v.hen a road is under consideration, almost all diinculties are disposed
of by the .lid of tlic Jury.

\ See Act of*2l3tli February, ITSt!, I,aws ofMnssaehuselts, vol, i. p. '217.

V^ There is an indire(^t method of enforcing the obedience of a township.
Suppose that the funds which the law demamls for the maintenan<'e of the roads
have not bi en voteil ; the town-surveyor is then authorised, rr nffirio, to levy the
supplies. As he is personally re.iponsible to ))i'ivate individuals for the state of
the roads, and iudietable before the CoiU'l of Sessions, be is sure to employ the
extraordinary rigiit which the law gives him again.^t the townsliip. Thus by
threatening the otlicer, the Court of Sessions exacts compliance from the town.
See Act of Tilh March, I7e7, id. vol. i. p. IJOo,

d-c

!•>.«••

;)

'I-

I''

He may execute the law without energy or zeal

may ne

■•Icct to execute the law

He may do what the law enjoins him not to do.

The last two violations of duty can alone come under the
co"'nizancc of a tribunal ; a positive and appreciable fact is the
indispensable foundation of an action at law. Thus, if the
selectmen omit to fulfil the legal formalities usual at town elec-
tions, they may be condemned to pay a line ;'■'' hut when the
public oOicer performs his duty without ability, and when he
obeys the letter of the law without zeal or energy, he is at
least beyond the reach of judicial interference. The Court of
Sessions, even when it is invested with its administrative powers,
is in this case unable to compel hiin to a more satisfactory obe-
dience. The fear of removal is the only check to these quasi-
otfences ; and as the Court of Sessions docs not oi-iginate the
town-authorities, it cannot remove functionaries whom it dees
not appoint. Moreover, a perpetual investigation would he
necessary to convict the subordinate olliecr of negligence or
lulcewarmness ; and the Court of Sessions sits but twice a year,
and then only judges such oll'ences as are brought before its
notice. The oidy security of that active and enlightened obe-
dience, which a court of justice cannot impose upon public
officers, lies in the possibility of their arbitrary removal. In
France this security is sought for in powers exercised by the
heads of the administration ; in America it is sought for in the
principle of election.

Thus, to recapitulate in a few words what I have heen show-
ing :

If a public officer in New England conunits a crime in the

exercise of his functions, the ordinary courts of justice arc
always called upon to pass sentence upon him.

If he commits a fault in his oilieial capacity, a purely admin-
istrative tribunal is empowei'cd to jiuuish him ; and, if the aifair
is important or urgent, the judge supplies the omission of the
functionary.!

Lastly, if the same individual is guilty of one of those intan-
gible oll'ences, of which human justice has no cognizance, he
annually appears before a tribunal i'rom which there is no ap-
peal, which carr at once reduce him to insignificance, and de-

* Laws oI'lMnssaclinsells, vol. ii. p. -I."),

t If, lor iii>lniiCL', .'I lownsliij) persists in rcCiisiiij^ to iminc its asscsssors, the
Court of iSessioiis iioiiiiuMtes tiiein ; and tiic iiiaffistrafos thus appointed are in-
vested witii the y.uim aiitliority as elected ofliecrs. See the Act (oiotcd above,
20th February, 1787.

privc hi

great at

dilljcult

I hii\

whicli is

tion ovei

duct of

this is th

Ihigland

in the C

it could

accusing

town of

in the U

with wlu

Coint oi

would lui

po\vers, 1

the childi

gislation

the office

other fun

by the la'

misdemet

ty.f Th

scouted I

ishing del

vince it it

ship is cl

offences a

made by .

zen§, and

studying t

are more i

esty ; and

cution of t

jured by a

* I sav the
who exercise

t Tile (ira
-late of the n

t If, for ins

of Alassarhns

vVrims, if

<!ie l)adi;ess o

■iessions. La

prive him of his charge. This system undoubtcflly possesses
great advantag-es, Ijut its execution is attended with a practical
dilliculty which it is ini])oitant to point out.

I iiuvc ahcady ohscived that the administrative tribunaJ,
whicli is called the Court of Sessions, lias no right of inspec-
tion over the town-oflieers. It can only interfere when the con-
duct of a magistrate is specially brought under its notice ; and
this is ihe delicate part of the system. The Americans of New
Ihigland are unaccpuiinted with the office of ])ublic prosecutor
in the Court of fsessions,* and it may readily be perceived that
it could not liave been established without difficulty. If an
accusing nuigistrate had merely been apj)ointcd in the chief
town of each county, and if he had been unassisted by agents
in the townships, he would not have been better acquainted
with what was going on in the county than the members of the
Court of Sessions. l>ut to appoint agents in each township
would have been to centre in his person the most formidable of
powers, that of a judicial administration. Moreover, laws are
the children of habit, and nothing of tlie kind exists in the le-
gislation of lin!j:land. The Americans have therefore divided
the offices of inspection and of jirosecution as well as all the
other I'unctionsof the adminisli'alion. Crand-jurors are bound
by the law to ajiprizc the court to which they belong of all the
misdemeanors which may have been committed in their coun-
ty.} There are certain great oilcnees which are officially pro-
secuted by the State ;\. but moie fre((uently the task of pun-
ishing delinciuents devolves upon the liscal officer, whose pro-
vince it is to receive the fine ; thus the treasurer of the town-
ship is chai'ged with the |)rosecufion of such administrative
oHenecs as fall under his notice. lUit a more especial a])i}cal is
made by American legislation to the private interest of the citi-
zen§, and this great prineijile is constantly to be met with in
studving the laws of llie United States. American legislators
are more apt to give men credit lor intelligence than for hon-
esty ; and they rely int a little on personal cupidity for the exe-
cution of the laws. When an individu;. is really and sensibly in-
jured by an administrative abuse, it is natural that his personal

* 1 siiv the Court of Sessions, lierauso in common courts tliere is a magistrate
who cxorcise^^ some of the I'linetious (fa jdiblic |)rosecutor.

t Tlie (uand-jurors are, for instance, Ijoiiuil to inform the court of the bad
-tate of the roads. Laws of Massaeluisetts, vol. i. )). 308.

t If for instance, tlie treasurer of the county liolds back his accounts. Laws
of JMassachnselts, vol. i. ji. lOti.

^Vl'hns, if a private individual breaks down or is wounded in consequence of
t!ie badi:ess of a road, he can sue the township or the county for damages at the
•icssions. Laws of ■^lasj^achuselts, \o\. i p. d09.

'I;,

kZP

•>1 ,11

I« )

i I

%0\-

i/j

, >1

intercoi should induce lilm to prosecute. But if a legal Ibr-
niality bu rcMjuircd, wliicli, however advantaijeous to the com-
munity, is of small importance to individuals, plaiutilfs may be
less easily found ; and thus, by a tacit agreement, the laws
ini"ht I'all into disuse. Reduced by their systen\ to this extrem-
ity, the Americans avi obliged to encourage informers by
bestowing on them a poi'tion of the penalty in certain cases ;*
and to ensure the execution of the laws by the dangerous ex-
pedient of degrading the nK^als of the people.

The only administrative authority above the county magis-
trates is, pro])erly speaking, that of the Government.

GLNEKAL RE:\IAUKS ON THE ADMINISTRATION OF THE
UNITED STATES.

DitFercnccof flin Statrs of flic Union in tlmir system of mlministration. — Activity
and i)i'i(i;ction oftliu local anlliinitic's (l('cri'a>-t;s towanis the t^oiitli. — I'ov 'rot'
till' ina^nstralc incrca-cs; liiat ol'llic elector diininislies. — Athiiinistration j,is.ses
IVoinliic t(i\vn-;lii[) to flie connty. — Slates orN't-wV'ork : i )hio: Peini-<ylvania. —
I'rincijiles ofadininisti'ation applieaMe to the whole (jiion. — I'.lection ol'ptihlic
olliccrs, and iiialienaliiiiiy of dieir runctions. — Ahsenee of gradation ul" ranks. —
Introduction of judicial resources into the administration.

I HAVE already premised that after having examined the consti-
tution of the township and the county of New England in de-
tail, I should take a general view of the remainder of the Tnion.
Townships and a local activity exist in every State ; l)Ut in no
part of the confederation is a towi hip to be met with precisely
similar to those in New England. The more we descend
toward.-^ tiie South, the less active does the business of the h "wn-
ship or parish bivcome ; the nund)er of magistrates, of i'unc-
tions, and of rights (U.'creases ; the population exercises a less

■* In cases of invasion or insurrection, if the town oliicers neglect to furnish
the necessary stores anil ainniiinition for the militia, the tounshiji may he con-
demned to a tine of from iiUO to ;')()() dollars. It may readily h(! imasined that in
snch a case it might ha|))ien that no one cared to proseciile: hence the law adds
that all the citizens may indict ofieiines of this kind, and that half the line shall be-
long to the ])laiiitill'. See Act of tl'li March, IHIU, vol, ii. p, 'j:!(). The sanit;
clause is froipiently to be met with in the l^aws oi' .Alassachiisetts. Not onlv are
private individuals thus incited to prosecute the public oliiciu's. but the jjiiblic of-
ficers are encouraged in the same maimer to briiii; t!ie disobedience of private in
di'idiials to justice. If a citiz(Mi refusrs to perform the work which has beer,
assigned to him upon a roa<l, the road-siir\eyor .nay prosecute him, and he re-
ceives half the penalty for hiiiiiself. f^ee tise Laws abo\e quoted, v(d. i. p. "JOS'.

imme

<jiientj

of the

dimini

less aw

Tht

the Sti;

but tlu

The m

States

their m

towns

Massac

AVc

public a

mon cei

this ceas

knowled

conse(ju(

ministrat

that the i

county, ^

intermedi

hi Massa

the Courl

by the Gc

prescntati

ti' iial Jegi

cotitrary,

a/i'- ofea(

wii "onst

sembi ha;

* For dcl;i

•M- Vol. i, pp.

f^ >' in the .

Ton roNSTAl

in the Xets'of
\>^'M, n , iting
divers tou n U

Fenc(!-viewer.>
pervisors of U

t See the U
'1 0. I,L, cha,
to connty conn
Laws of Penn-

ln the State
sliare in the ad

immediate inlluencc on allairs ; tonu-mcctings arc less fre-
{]ucut, and the subjects of debate less numerous. The |)0\ver
of the elected magistrate is aui^mented, and that of the elector
diminished, whilst the public spirit of the local communities is
less awakened and less inlluential.*

These dillercnccs may be perceived to a certain extent in
the fc^tate of New York ; they are very sensible in Pennsylvania ;
but they become less stiikini^ as we advance to the North-west.
The majority of the emigrants who settle in the north-western
States are natives of New JOngland, and they carry the habits of
their mother-country with them into that which tliey ailo|)t. A
township in Ohio is by no means dissimilar from a township in
Massachusetts.

We have seen that in Massachusetts the principal part of the
public administration lies in the township. It Ibrms the com-
mon centre of the interests and alfections of tlic ciii/ens. But
this ceases to be the case as we descend to States in which
knowledi^e is less generally dill'used, and where the township
conse(juently oflers fewer guarantees of a wise and active ad-
ministration. As we leave New England, therefore, wc find
that the importance of the town is gradual'v transferred to the
county, which l>ccomcs the centre of administration, and the
intermediate power between the Covernnient and the citizen.
In Massachusetts the business of the county is conducted by
the Court of Sessions, which is comj)osed of a fiuorum named
by the Governor and his council ; but the county has no re-
j)resentative assembly, and its expenditure is voted by the na-
tii nal legislature. In the great State of New York, on the
C(Mitrary, and in thosc of Ohio and Pennsylvania, the inhabit-
aii' - of each county choose a certain number of representatives,
wii 'onstitutr the assend)ly of the county.f The county as-
sembly has the right of taxiiu^ the inhabitants to a ccuin cx-

* For details sot; tlic lliivised Statutns ofilio Stato of New York, Part I. chap,
xi. Vol. i. p]). IS;!!) — 1{()1. < nlitlod, 'Ot'tlic powers, diilies, and pri\ ilogos of towns.

.'' >• ill the Digest of the Laws "f IN'iiiisylvania, the words Asskssors, Coi.lkc-
Toi; roNSTAiiLKs, Ovi.KSKEii id iiiF, Poou. Si; I'KKVisoHs OF IIuaiWAYs: aiul
in the Acts'ofa sieneral natui-e ol 'lie State of Ohio, the Act of the 'J.'idi February,
1H34, n I iting to ;owiislii[)s, j). W2; hesid* s the peculiar dispositions relating to
divers tow u Otlicers, such a^ Townsliip's Clerk, Trustees, Overseers of the Poor,
Fenct!-vi('wers, Appraisers of Property, Towiishi[)'s Treasurer, Constables, .Su-
pervisors of Highways.

t See the li'evised Statutes of the State of New York, Part I. chap. xi. vol. i. p.
4 0. III., chap, xii. p. i;nt): also in the Acts of the State of Ohio, an act relating
to county coiniiussioners, ^'nli I'eliniary l^vJl, p. 2tj;>. See ti: Digest of the
Laws of Peniisyhuiia, at the words CousTY-UArEs and Li'.vik-', 170.

In the Stato of New York, each township elects a rcprcsentai <•, who has a
share in the administration of the county as well as in that of the to\% oship.

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tent ; and in this respect it enjoys the privileges of a real
iewislative body : at the same time it exercises an executive
power in the county, frequently directs the administration of
the townships, and restricts their authority within much nar-
rower bounds than in Massachusetts.

Such are the principal dilferences which the systems of
county and town administration present in the Federal States.
Were it my intention to examine the provisions of American
law minutely, I should have to point out still further diflerences
in the executive details of the several communities. But what
I have already said may sullicc to show the general principles
on which the administration of the United States rests. These
principles are differently applied ; their consequences are more
or less numerous in various localities ; but they are always
substantially the same. The laws diiVer, and their outward
features change, but their character does not vary. If the
township and the county are not everywhere constituted in
the same manner, it is at least true that in the United States
the county and the township are always based upon the same
principle, namely, that every one is the best judge of what
concerns himself alone, and the person most able to supply
his private wants. The township and the county are therefore
bound to tf.ke care of their special interests : the State governs,
but it does not intefere with their administration. Exceptions
to this rule 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, or at least from amongst,
the citiv^ens. As the oflicers are everywhere elected, or appoint-
ed for a certain period, it has been impossible to establish the
rules of a dependent series of authorities ; there are almost as
many independent functionaries as there are functions, and
the executive power is disseminated in a multitude of hands.
Hence arose the indispensable necessity of introducing the
control of the courts of justice over the administration, and
the system of pecuniary penalties, by which the secondary
bodies and their representatives are constrained to obey the
laws. This system obtains from one end of the Union to the
other. The power of punishing the misconduct of public offi-
cers, or of perforuiing the part of the executive, in urgent
cases, has not, howe\er, been bestowed on the same judges in
all the States. The Anglo-Americans derived the institutions
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 every where participate in the

all

-St,

)int-
the

bt as

land
ids.
the

land
fary
the
I the
)iri-
tent
in
Ions
igh
[me
the

administration of the townships and the counties,* either as
public ofiicers or as the judges of public misdemeanors, but in
most of the Stales the more important classes of public olFences
come under the cog-nizance of the ordinary tribunals.

The election of public officers, or the inalienability of their
functions, the absence of a gradation (^f powers, and the intro-
duction of a judicial control over the secondary branches of
the administration, are the universal characteristics of the
American system from Maine to the Floridas. In some States
(and that of New York has advanced most in this direction)
traces of a centralized administration begin to be discernible.
In the State of New York the officers of the central govern-
ment exercise, in certain cases, a sort of inspection or control
over the secondary bodies.! At other times they constitute a
court of appeal for the decision of affairs.:}: In the State of
New York judicial penalties are less used than in other parts
as a means of administration ; and the right of prosecuting the
offences of public officers is vested in fewer hands. § The same

* In some of the Soutlioni States the coiinty-rourts are charged with all the
details of the aduiiiiii^tration. See the Statutes of the State of Tennessee, arts.
Ji;dic:ary, Taxes, »S:c.

I For instance, the direction of i)nhlic instruction centres in the hands of the Gov-
ernment. The lej^isiaturo names the nienibors of the University, ^vho are denomi-
nated Regents ; the (iovernor and Lieiitenant-tiovernor of the Stale are necessa-
rily of tiie number. Revised Statutes, vol. i. p. 45-">. The Regents of the University
ainnially visit the colleges and academies, and make their report to the legislature.
Theirsuperintendenccis not inellicient, for several reasons: the college./-, in order
to become Corporations stand in need of a charter, which is only granted on the
reconnnendation of the Regents : every year funds are distributed by the State
for tiie encouragement of learning, and tiie Regents are the distributors of this
money. See Chap. xv. 'Public Instruction,' Revised Statutes, vol. i. j). -155.

The school connnissioners iire obliged to send an annual report to the Super-
intendent of the Rei)ublic. Id., \>. A^f^.

A similar report is ainnially made to the same person on the number and con-
dition of the poor. Id , p. (ilJl.

t If any one conceives himself to be wronged by the school commissioners
(who are town otlicers,) he can apjjcal to the superintendent of the jirimary
(schools, whose decision is linal. Revised Statutes, vol. i. ji. 487.

Provisions similar to those above cited are to be met with from lime to time in
the laws of the State of New York: but in general these attempts at centraliza-
lion are weak and uiH)roductive. The great authorities of the State have the
right of watching and controlling the subordinate agents, without that of rewarding
or ])iinisliiiig them. The same individual is never empowered to give an order
anil to punish disobedience; he has therefore the right of commanding, without
the means of exacting compliance. In J>"*;3() the Superintendent of Schools com-
jilained in his Annual Report addressed to the legislature, that several school
commissioners Had neglected, notwithstanding his application, to furnish him with
the accounts which were due. lie added, that if this omission cominued, he
should be obliged to prosecute them, as the law directs, before the proper tri-
bunals.

vS Thus till! district-attorney is directed to recover a'l fines below tho sum of
fifty dollars, unless such a right has been ypociully awarded to another luagistrute.
Revised Stututes, vol. i. p. ifi'i.

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tendency is faintly observable in some other States ;* but in
general the prominent feature of the administration in the Uni-
ted States is its excessive local independence.

OF THE STATE.

1 have described the townships and the administration : it
now remains for me to speak of the State and Government.
This is ground I may pass over rapidly, without fear of being
misunderstood ; for all 1 have to say is to be found in written
forms of the various constitutions, which are easily to be pro-
cured.! These constitutions rest upon a simple and rational
theory ; their forms have been adopted by all constitutional na-
tions, and are become familiar to us.

In this place therefore, it is only necessary for me to give a
short analysis ; I shall endeavor afterwards to pass judgment
upon what I now describe.

LEGISLATIVE POWER OP THE STATE.

Division of the Legislative Body into two Houses. — Senate. — House of Repre-
sentatives. — Diilerent functions of these two Bodies.

The legislative power of the State is vested in 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 a part
in the government in several ways, according to the constitution
of the different States^ ; but it is in the nomination of public func-
tionaries that it most commonly assumes an executive power.
It partakes of judicial power in the trial of certain political of-
fences, and sometimes also in the decision of certain civil cases. §

* Several traces of centralization may be discovered in Massachusetts; for in-
stance, the committees of llie town-schools are directed to make an annual report
to tlie Secretary of State. See Laws of Massachusetts, vol. i. p. 367.

] See the Constitution of New York.

I In .Massachusetts the Senate is not invested with any administrative functions.

$ Aa in the iitate of New York.

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The number of its members is always small. The other branch
of the legislature, which is usually called.the House of Repre-
sentatives, has no share whatever in the administration, and
only takes a part in the judicial power in as much us it impeaches
public functionaries before the Senate.

The members of the two Houses are nearly everywhere sub-
ject to the same conditions of election. They are chosen ia
the same manner, and by the same citizens.

The only difference which exists between them is, that the
term for which the Senate is chosen is in general longer than
that of the House of Representatives. The latter seldom re-
main in office longer thai a year ; the former usually sit two or
three years.

By granting to the senators the privilege of being chosen for
several years, and being renewed seriatim, the law takes care to
preserve in the legislative body a nucleus of men already accus-
tomed to public business, and capable of exercising a salutary
influence upon the junior members.

The Americans, plainly, did not desire, by this separation of
the legislative body into two branches, to make one house he-
reditary, and the other elective ; one aristocratic, and the other
democratic. It was not their object to create in the one a bul-
wark to power, whilst the other represented the interests and
passions of the people. The only advantages which result from
the present constitution of the United States are, the division of
the legislative power, and the consequent check upon political
assemblies ; with the creation of a tribunal of appeal for the
revision of the laws.

Time and experience, however, have convinced the Vmericans
that if these are its only advantages, the division of the legis-
lative power is still a principle of the greatest necessity. Penn-
sylvania was the only one of the United States which at first at-
tempted to establish a single house of Assembly ; and Frank-
lin himself was so far carried away by the necessary consequen-
ces of the piinciple of the sovereignty of the peo[)le, 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
estabiiished, and its necessity may henccfoiward be regarded as
a demonstrated truth.

This theory, which was nearly unknown to the rc|)ubrics of
antiquity, — which was introduced into the world almost by ac-
cident, like so many other great truths, — and misunderstood by
several modern nations, is at length become an axiom in the po-
litical science of the present age.
9

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THE EXECUTIVE POWER OF THE STATE.

Office of Governor in an American State. — The place he occupies in relation to
the Legislature. — His rights and his duties. — His dependence on the people.

The executive power of the State may with truth be said to be
represented by the Governor, although he enjoys but a portion
of its rights. The supreme magistrate, under the title of Gov-
ernor, is the official moderator and counsellor of the legislature.
He is armed with a suspensive veto, which allows him to stop
or at least to retard, its movements at pleasure. He lays the
wants of the country before tho .'egislative boGy, and points out
the means which he thinks may be usefully employed in pro-
viding for them ; he is the natural executor of its decrees in all
the undertakings which interest the nation at large.* 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.

The whole military power of the State is at the disposal of
the Governor. He is the commander of the militia, and head
of the armed force. When the authority which is by general
consent awarded to the laws is disregarded, the Governor puts
himself at the head of the armed force of the State, to quell re-
sistance pnd to restore order.

Lastly the Governor takes no share in the administration of
townships and counties, except it be indirectly in the nomina-
tion of Justices of the Peace, which nomination he has not the
power to revoke.f

The Governor is an elected magistrate, and is generally
chosen for one or two years only ; so that he always continues
to be strictly dependent on the majority who returned him.

• Practically speaking, it is not always the Governor who executes the plans of
the legislature ; it often happens that the latter, in voting a measure, names spe-
cial agents to superintend the execution of it.

t In some of the fitates the justices of the peace are not elected by the Gov-
ernor.

POLITICAL EFFECTS OF THE SYSTEM OF LOG AL ADMINISTRATION
IN THE UNITED STATES.

;',-^l

Necessary distinction between the general centralization of Government, and the
centralization of the local administration. — Local administration not centralized
in the United States ; great general centralization of the Government. — Some
bad consequences resulting to the United States from the local administration. —
Administraiive advantages attending tiiis order of things. — The power which
conducts the government is less regular, less enlightened, less learned, but
much greater than in Europe. — Political advantages of this order of things. —
In the United States the interests of the country are everywhere kept in view. —
Support given to the Government by the community — Provincial institutions
more necessary in proportion as the social condition becomes more democra-
tic. — Reason of this.

Centralization is become a word of general and daily use,
without any precise meaning being attached to it. Nevertheless,
there exist two distinct kinds of centralization, which it is ne-
cessary to discriminate with accuracy.

Certain interests are common to all parts of a nation, such
as the enactment of its general laws, and the maintenance of its
foreign relations. Other interests are peculiar to certain parts
of the nation ; such, for instance, as the business of different
townships. When the power which directs the general interests
is centred in one place, or in the same persons, it constitutes
a central government. The power of directing partial or local
interests, when brought together, in like manner constitutes
what may be termed a central administration.

Upon some points these two kinds of centralization coalesce ;
but by classifying the objects which fall more particularly
within the province of each of them, they may easily be distin-
guished.

It is evident that a central government acquires immense
power when united to administrative centralization. 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, there-
fore, does this union of power subdue them by force, but it
affects them in the ordinary habits of life, and influences each
individual, first separately and then collectively.

These two kinds of centralization muUially assist and attract
each other : but they must not be supposed to be inseparable.
It is impossible to imagine a more completely central govern-

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ment than that which existed in France under Louis XIV. ;
when the same individual was the author and the interpreter
of the laws, and the representative of France at home and
ahroad, he was justified in asserting that the State was iden-
tified with his person. 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 vigor of a man,
and by the sole act of its will it puts immense engines in mo-
tion, and wields or collects the efforts of its authority. Indeed,
I cannot conceive that a nation can enjoy a secure or prosper-
ous existence without a powerful centralization of government.
But I am of opinion that a central administration enervates the
nations in which it exists by incessantly diminishing their pub-
lic spirit. If such an administration succeeds in condensing
at a given moment on a given point all the disposable resources
of a people, it impairs at least the renewal of those resources.
It may insure a victory in the hour of strife, but it gradually
relaxes the sinews of strength. It may contribute admirably
to the transient greatness of a man, but it cannot ensure the
durable prosperity of a people.

If we pay proper attention, we shall find that whenever it is
said that a State cannot act because it has no central point, it
is the centralization of the government in which it is deficient.
It is frequently asserted, and we are prepared to assent to the
proposition, that the German empire was never able to bring
all its powers into action. But the reason was, that the State
has never been able to enforce obedience to its general laws,
because the several members of that great body always claimed
the right, or found the means, of refusing their co-operation
to the rej)resentalives of the common authority, even in the
affairs which concerned the mass of the people ; in other
words, because there was no centralization of government.
The same rem?rk is applicable to the Middle Ages ; the cause
of all the confusion of feudal society was that the control, not
only of local but of general interests, was divided amongst a
thousand hands, and broken up in a thousand different ways :
the absence of a central government prevented the nations of
Europe from advancing with energy in any straightforward
course.

We have shown that in the United States no central admin-
istration and no dependent series of public functionaries exist.
Local authority has been carried to lengths which no Euro-

of
rd

In-
at.
o-

pean nation could endure without great inconvenience, and
which has even produced some disadvantageous consequenees
in America. But in the United States the centralization of
the Government is complete ; and it would be easy to prove
that the national power is more compact than it has ever been
in the old monarchies of Europe. Not only is there but one
legislative body in each State ; not only does there exist but
one source of political authority ; but numerous district-assem-
blies and county-courts have in general been avoided, lest they
should be tempted to exceed their administrative duties and in-
terfere with the Government. In America the legislature of
each State is supreme : nothing can impede its authority ; nei-
ther privileges, nor local immunities, nor personal influence,
nor even the empire of reason, since it represents that majority
which claims to be the sole organ of reason. Its own deter-
mination is, therefore, the only limit to its action. In juxta-
position to it, and under its immediate control, is the represen-
tative of the executive power, whose duty it is to constrain the
refractory to submit by superior force. The only symptom of
weakness lies in certain details of the action of the Govern-
ment. 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 otTicers of
the township or the county to deal with the citizens. Thus,
for instance, in New England the assessor fixes the rate of
taxes ; the collector receives them ; the town-treasurer trans-
mits the amount to the public treasury ; and the disputes which
may arise are brought before the ordinary courts of justice.
This method of collecting taxes is slow as well as inconvenient,
and it would prove a perpetual hindrance to a Government
whose pecuniary demands were large. In general it is desira-
ble that in whatever materially alTects its existence, the Govern-
ment should be served by otlicevs of its own, appointed by it-
self, removable at pleasure, and accustomed to rapid methods
of proceeding. But it will always be easy for the central Go-
vernment, organized as it is in America, to introduce new and
more efTicacious modes of action proportioned to its wants.

The absence of a central Government will not, then, as has
often been asserted, prove the destruction of the republics of
the New World ; far from supposing that the American gov-
ernments are not sufficiently centralized, I shall prove hereafter
that they are too much so. The legislative bodies daily en-
croach upon the authority of the Government, and their ten-

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dency, like that of the French Convention, is to appropriate it
entirely to themselves. Under these circumstances the social
power is constantly changinif hands, because it is subordinate
to the power of the people, which is too apt to forget the
maxims of wisdom and of foresight in the consciousness of its
strength : hence arises its danger ; and thus its vigor, and not
its impotence, will probably he the cause of its ultimate de-
struction.

The system of local administration produces several different
effects in America. The Americans seem to me to have out-
stepped the liinlts of sound policy, in isolating the administra-
tion of the Government ; for order, even in second-rate affairs,
is a matter of national importance.* As the State has no ad-
ministrative functionaries 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 regulations. The want of these regulations is severely
felt, and is frequently observed by Europeans. The appear-
ance 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 subject.
Certain undertakings are of importance to the whole State ;
but they cannot be put in execution, because there is no na-
tional administration to direct them. Abandoned to the ex-
ertions of the towns or counties, under the care of elected or
temporary agents, they lead to no result, or at least to no
durable benefit.

The partisans of centralization in Europe maintain that the
Government directs the affairs of each locality better than the
citizens could do it for themselves : this may be true when the
central power is enlightened, and when the local districts are
ignorant ; when it is as alert as they are slow ; when it is ac-
customed to act, and they to obey. Indeed, it is evident that
this double tendency must augment with the increase of cen-
tralization, and that the readiness of the one, and the incapaci-
ty of the others, must become more and more prominent. But
I deny that such is the case when the people is as enlightened,

* The authority which represents the State onglit not, I think, to waive the
right of inspecting the local administration, even when it does not interfere more
actively. Suppose, for instance, that an agent of the Government was stationed
at some appointed spot in the county, to prosecute the misdemeanors of the town
and county officers, would not a more uniform order he the result, without in any
way compromising the independence of the township ? Nothing of the kind,
however, exists in A uierica : there is nothing above tlie county-courts, which have,
aa it were, only an accidental cognizance of the offences they are meant to repress.

the
ire

OS awake to its interests, and as accustomed to reflect on them,
as the Americans are. I am persuaded, on the contrary, that
in this case the collective strength of the citizens will always
conduce more efficaciously to the public welfare than the au-
thority of the Government. It is difficult to point out with
certainty the means of arousing a sleeping population, and of
giving it passions and knowledge which it does not possess ; it
is, I am well aware, an arduous task to persuade men to busy
themselves about their own affiiirs ; and it would frequently be
easier to interest them in the punctilios of court etiquette than
in the repairs of their common dwelling. But whenever a
central administration atfects to supersede the persons most in-
terested, I am inclined to suppose that it is either misled, or
desirous to mislead. However enlightened and however skillful
a central power may be, it cannot of itself embrace all the de-
tails of the existence of a great nation. Such vigilance exceeds
the powers of man. And when it attempts to create and set
in motion so many complicated springs, it must submit to a
very imperfec result, or consume itself in bootless efforts.

Centralization succeeds more easily, indeed, in subjecting
the external actions of men to a certain uniformity, which at
last commands our regard, independently of the objects to
which it is applied, like those devotees who worship the statue,
and forget the deity it represents. Centralization imparts
without difficulty an admirable regularity to the routine of busi-
ness ; rules the details of the social police with sagacity ; re-
presses the smallest disorder and the most petty misdemeanors ;
maintains society in a statu quo alike secure from improvement
and decline ; and perpetuates a drowsy precision in the conduct
of affairs, which is hailed by the heads of the administration as
a sign of perfect order and public tranquility :* in short, it ex-
cels more in prevention than in action. Its force deserts it
when society is to be disturbed or accelerated in its course ;
and if once the co-operation of private citizens is necessary to
the furtherance of its measures, the secret of its impotence is
disclosed. Even whilst it invokes their assistance, it is on the
condition that they shall act exactly as much as the Govern-

* China appears to me to present the most perfect instance of that species of
well-being which a completely central administration may furnish to the nations
among which it exists. Travellers assure us that the Chinese have peace without
happiness, industry without imprcvement, stability without strength, and public
order without public morality. The condition of society is always tolerable,
never excellent I am convinced that, when China is opened to European obser-
vation, it will be found to contain the most perfect model of aceatral administration
which exists iu the universe.

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ment chooses, and exactly in the manner it appoints. They
are to take charge of the details, without aspiring to guide the
system ; they are to work in a dark and suhordinate sphere,
and only to jiid,:,'e the acts in which they have themselves co-
operated, by their results. These, however, are not conditions
on which tlic alliance of the human will is to be obtained ; its
carriage must be free, and its actions responsible, or (such is
the constitution of man,) the citi/en had rather remain a pas-
sive spectator than a dependent actor in schemes with which
he is unacquainted.

It is undeniable, that the want of those uniform regulations
which control the conduct of every inhabitant of France is not
unfrequently felt in the United States, Gross instances of so-
cial inditference and neglect are to be met with ; and from
time to time disgraceful blemishes are seen, in complete con-
trast with the surrounding civilization. Useful undertakings
which cannot succeed without perpetual attention and rigorous
exactitude, are very frequently abandoned in the end ; for in
America as well as in other countries the people is subject to
sudden impulses and momentary exertions. The European
who is accustomed to find a functionary always at hand to in-
terfere with all he undertakes, has some dilficulty in accustom-
ing himself to the complex mechanism of the administration of
the townships. In general it may be affirmed that the lesser
details of the police, which render life easy and comfortable,
are neglected in America ; but that the essential guarantees of
man in society are as strong there as elsewhere. In America
the power which conducts the Covernment is far less regular,
less enlightened, and less learned, but an hundredfold more au-
thoritative, than in Europe. In no country in the world do
the citizens make such exertions for the common weal ; and I
am acquainted with no people which has established schools as
numerous and as efficacious, places of public worship better
suited to the wants of the inhabitants, or roads kept in better
repair. Uniformity or permanence of design, the minute ar-
rangement of details,* and the perlection of an ingenious ad-

* A writer of talent, who, in tlie comparison which ho has drawn between tlio
finances of France and tiiose of the United iStates, lias proved that ingenuity can-
not always supi)ly tiie place of a knowledge of facts, very justly reproaches tiie
Americans for the sort of confusion wiiich exists in the accounts of the expendi-
ture in tlie townships; and after giving tlie model of a Departmental Budget in
France, he adds : " We are indebted to centralization, that adnnrable invention of
a great man, for the uniform order and method which prevails alike in all the mu-
nicipal budgets, from the largest town to the humblest conunune." Whatever
may be my admiration of this result, when 1 see the communes of France, with
their excellent system of accounts, plunged in the grossest ignorance of Uieir true

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ministration, must not be souglit for in the United States ; but
it will be easy to find, on the other hand, the symptoms of a
power, vvhiejj, if it is somewhat barbarous, is at least robust ;
and of an existence, vvhieh is clieclcered with accidents indeed,
but cheered at the same time by animation and cfl'ort.

Granting for an instant that (he vilhiges and counties of the
United States wouki be more usefully governed by a remote
authority, whicli they had never seen, than by functionaries
taken from the midst of them, — admitting, for the sake of argu-
ment, that the country would be more secure, and the resources
of society better employed, if the whole administration centred
in a single arm, still the political advantages which the Ameri-
cans derive from their system woiild induce me to prefer it to
the contrary plan. It profits me but little, after all, ihat a vigi-
lant authority should protect the tranquillity of my j)U'asures,
and constantly avert all dangers from my path, without ii./ care
or my concern, if this same authority is the absolute mistress
of my liberty and of my life, and if it so monopolizes all the
energy of existence, that when it languishes everything lan-
guishes around it, that when it sleejjs everything must sleep,
that when it dies the State itself must perish.

fii certain countries of Europe the natives consider them-
selves as ;i kind of settlers, indilFerent to the fate of the spot
upon which they live. The greatest changes are elfected with-
out their concurrence, and (unless chance may have apprised
them of the event,) without their knowledge ; nay more, the
citizen is unconcerned as to the condition of his village, the
])oIice of his street, the repairs of the church or of the parson-
age ; for he looks upon all these things as unconnected with
himself, and as the property of a powerful stranger whom he
calls the Government. He has only a life-interest in these
possessions, and he entertains no notions of ownership or of
improvement. This want of interest in his own alFairs goes so
far, that if his own safety or that of his children is endangered,

interests, and al)andone(l to so incorrigible an apathy that tiiey seem to vogotate
rather than to live ; when, on the other hand, I observe the activity, tiio informa-
tion, and the spirit of enterprise which keeps society in perpetual labor, in tiiose
American townships whose budgets are drawn up with small method and with
still less uniformity, I am struck by the spectacle ; for to my mind the end of a
good government is to ensure the welfare of a people, and not to establish order
and regularity in the midst of its misery, and its distress. I am therefore led to
suppose that the prosperity of the American townships and the apparent confusion
•>f their accounts, the distress of the French coninuuieii and the perfection of their
TJudget, may be attributable to the same cause. At any rate I am suspicious of a
benelit which is united to so many evils, and I am not averse to an evil which is
compensated by so many benefits.

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instead of trying to avert the peril, he will fold his arms," and
wait till the nation comes to his assistance. This same indi-
vidual who has so completely sacriliced his own free will, has
no natural propensity to obedience ; he cowers, it is true, be-
fore the petties-l ollicer ; but he braves the law with the spirit
of a conquered foe, as soon as its superior force is removed :
his oscillations between servitude and licence are perpetual.
When a nation has arrived at this state, it must either change
its customs and its laws, or perish : the source of public virtue
is dry ; and though it may contain subjects, the race of citizens
is extinct. Such communities are a natural prey to foreign
conquest ; and if they do not disappear from the scene of life,
it is because they are surro .nded by other nations similar or
inferior to themselves : it is because the instinctive feeling of
their country's claims still exists in their hearts ; and because
an involuntary pride in the name it bears, or a vague reminis-
cence of its bygone f£.me, suffices to give them the impulse of
self-preservation.

Nor can the prodigious exertions made by certain people in
the defence of a country in which they may ahoost be said to
have lived as aliens, be adduced in J'avor of such a system ;
for it will be found that in these cases their main incitement
was religion. The permanence, tne glory, or the prosperity
of the nation were become parts of their faith ; and in defend-
ing the country they inhabited, they defended that Holy City of
which they were all citizens. The Turkish tribes have never
taken an active share in the conduct of the affairs of society,
but they accomplished stupendous enterprises as long as the
victories of the Sultans were the tiium[)hs of the Mahomme-
dan faith. In the present age they art in rapid decay, because
their religion is departing, and despotism only remains. Mon-
tesquieu, who attributed to absolute power an authority pt,.u-
liar to itself, did it, as I conceive, undeserved honor ; for des-
potism, taken by itself, can produce no durable results. On
close inspection we shall find that religion, and iMt fear, has
ever been the cause of the long-lived prosperty of absolute
governments. Whatever exertions may be made, no true
power can be founded among men which does not depend uj)on
the free union of their inclinations ; and patriotism or religion
are the only two motives in the world which can permanently
direct the whole of a body politic to one end.

Laws cannot succeed in rekindling the ardor of an extin-
guished faith , but men may be interested in the fate of their
country by the laws. By this influence, the vague impulse of

patrio
direct
the pa
into a
the tin
nation
is a nc
It is
system
the int
are an
and ev
his owi
of its s
ted ; a(
profits,
gous to
egotism
The
he repn
sents a
obedien
which
least sa
which a
dividual
it may b
ing the (
plan, ofl
individun
doubtedl
been in 1
undertak
As the
citizens,
their jea
every om
Thus wl
abandonc
zens are
in their i\
guide am
joined to
what the

patriotism, which never abandons the human heart, may be
directed and revived : and if it be connected with the thoughts,
the passions, and the daily habits of life, it may be consolidated
into a durable and rational sentiment. Let it not be said that
the time for the experiment is already past ; for the old age of
nations is not like the old age of men, and every fresh generation
is a new people ready for the care of the legislator.

It is not the admimslrative^ but the political ctfects of the local
system that I most admire in America. In the United States
the interests of the country are everywhere kept in view ; they
are an object of solicitude to the people of the whole Union,
and every citizen is as warmly attached to them as if they were
his own. He takes pride in the glory of his nation ; he boasts
of its success, to which he conceives himself to have contribu-
ted ; and he rejoices in the general prosperity by which he
profits. The feeling he entertains towards the State is analo-
gous to that which unites him to his family, and it is by a kind of
egotism that he interests himself in the welfare of his country.

The European generally submits to a public officer because
he represents a superior force; but to an American he repre-
sents a right. In America it may be said that no one renders
obedience to man, but to justice and to law. If the opinion
which the citizen entertains of himself is exaggerated, it is at
least salutary; he unhesitatingly confides in his own powers,
which appear to him to be all-sufficient. When a private in- |
dividual meditates an undertaking, however directly connected
it may be with the welfare of society, he never thinks of solicit- '
ing the co-operation of the Government ; but he publishes his
plan, oflors to execute it himself, courts the assistance of other
individuals, and struggles manfully against all obstacles. Un-;
doubtedly he is often less successful than the State might have!
been in his position ; but in the end, the sum of these private
undertakings far exceeds all that the Government could etlect.

As the adininisti-ative authority is within the reach of the
citizens, whom it in some degree represents, it excites neither
their jealousy nor their hatred : as its resources are limited,
every one feels that he must not rely solely on its assistance.
Thus when the administration thinks fit to interfere, it is not
abandoned to itself as in Europe ; the duties of the private citi-
zens are not supposed to have lapsed because the State assists
in their fulfilment ; but every one is ready, on the contrary, to
guide and to support it. This action of individual exertions,
joined to that of the public authorities, frequently perlbrms
what the most energetic central administration would be unable

i' ..I

1 1

to execute. It would be easy to adduce several facts in proof
of what I advance, but I had rather give only one, with which
I am more thoroughly acquainted.* In AiDerica, the means
which the authorities have at their disposal for the discovery of
crimes and the arrestation of criminals are few. A State-police
does not exist, and passports are unknown. The criminal
police of the United States cannot be compared to that of
France ; the magistrates and public prosecutors are not numer-
ous, and the examinations of prisoners are rapid and oral.
Nevertheless in no country does crime more rarely elude pun-
ishment. The reason is that every one conceives himself to be
interested in furnishing evidence of the act committed, and in
stopping the delinquent. During my stay in the United States,
I witnessed the spontaneous formation of conmiittces for the
pursuit and prosecution of a man who had committed a great
crime in a certain county. In Europe a criminal is an unhappy
being who is struggling for his life against the ministers of jus-
tice, whilst the population is merely a spectator of the conflict :
in America he is looked upon as an enemy of the human race,
and the whole of mankind is against him.

I believe that provincial institutions are useful to all nations,
but nowhere do they appear to me to be more indispensable
than amongst a democratic people. In an aristocracy, order
can always be maintained in the midst of liberty ; and as the
rulers have a great deal to lose, order is to ihem a first rate con-
sideration. In like manner an aristocracy proit cts the people
from the excesses of despotism, because it always ])osscsses an
organised power ready to resist a despot. But a democracy
without provincial institutions has no security against these evils.
How can a populace, unaccustomed to freedom in small con-
cerns, learn to u^e it temperately in great aliairs? What re-
sistance can be olfered to tyranny in a country where every pri-
vate individual is impotent, and where the citizens are united
by no common tie 1 Those who dread the licence of the mob,
and those who fear the rule of absolute power ought alike to
desire the progressive growth of pi'ovincial liberties.

On the other hand, I am convinced that democratic nations
are most exposed to fall beneath the yoke of a central adminis-
tration, 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, beyond the

See Appendix, I.

all

people nothing is to be perceived but a mass of equal indivi-
duals confounded together. But when the same power is al-
ready in possession of all the attributes of the Government, it
can scarcely refrain from penetrating into the details of the ad-
ministration and an opportunity of doing so is sure to present
itself in the end, as was the case in France. In the French
Revolution there were two impulses in opposite directions,
which must never be confounded ; the one was favorable to
liberty, the other to despotism. Under the ancient monarchy
the King was the sole author of the laws ; and below the power
of the Sovereign, certain vestiges of provincial institutions, half-
destroyed, were still distinguishable. These provincial institu-
tions were incoherent, ill compacted, and frequently absurd ;
in the hands of the aristocracy they had sometimes been con-
verted into instruments of oppression. The Revolution de-
clared itself the enemy of royalty and of provincial institutions
at tho same time ; it confounded all that had preceded it — de-
spotic power and the checks to its abuses — in indiscriminate
hatred ; and its tendency was at once to republicanism and to
centralization. This double character of the French Revolu-
tion is a fact which has been adroitly handled by the friends of
absolute power. Can they be accused of laboring in the cause
of des[)otism, when they are defending that central administra-
tion which was one of the great innovations of the Revolution 1*
In this manner popularity may be conciliated with hostility to
the rights of the people, and the secret slave of tyranny may
be the professed admirer of freedom.

I have visited the two nations in which the system of provin-
cial liberty has been most perfectly established, and I have lis-
tened to the opinions of diflerent parties in those countries. In
America I met with men who secretly aspired to destroy the
democratic institutions of the Union; in England I found others
who attacked the aristoi^racy openly; but I know of no one who
does not regard provincial independence as a great benefit. In
both countries I have heard a thousand dilFerent causes assisrned
for the evils of the State ; but the local system was never men-
tioned amongst them. I have 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 political theories, agree on one
point, (and that, one of which they daily experience,) they are
all in error 1 The only nations which deny the utility of pro-

* See Appendix, K.

•I -JIRIJ

t
.1'
<»

'I'

vlncial liberties are those which have fewest of them; in other
words, those who are unacquainted with the institution are the
only persons who pass a censure upon it.

CHAPTER VI.

JUDICIAL POWER IN THE UNITED STATES, AND ITS INFLUENCE

ON POLITICAL SOCIETY.

The Anglo-Americans have retained the charticteristics of judicial power wiiich
are conunoii to all nations. — They Iiuve, however, made it a powerful political
organ. — How. — In what the judicial system of the Anglo-Americans differs
from that of all other nations. — Why the American judges have the right of
declaring the laws to be unconstitutional. — How they use this right. — Precau-
tious taken by the legislator to prevent its abuse. •

I HAVE thought it essential to devote a separate chapter to the
judicial authorities of the United States, lest their great political
injjiortaiue should be lessened in the reader's eyes by a merely
incidental mention of them. Confederations have existed in other
countries beside America ; and republics have not been estab-
lished upon the shores of the New World alone : the representa-
tive system of government has been adopted in several States of
Europe ; but 1 am not aware that any nation of the globe has
hitherto organised a judicial power on the principle adopted by
the Americans. The judicial organization of the United States
is the iiistitution which the stranger has the greatest dilliculty in
understanding. He hears tlic authority of a judge invoked in
the political occurrences of every day, and he natiu'ally concludes
that in the United States the judges are imj)ortant political
functionaries : nevertheless, when he examines the nature of the
tribunals, they oiler nothing whicii is contrary to the usual
habits and privileges of those bodies ; and the magistrates seem
to him to interfere in public affairs by chance, but by a chance
which recurs every day.
When the ParUament of Paris remonsti'ated, or refused to

enrejE
of m?)
body
in the
dinar
restric
Th,
duty c
warrai
broug]
as a la
to disc
a jtidg
extend?
steppin
cide up
nouncci
bevond
TJie
nounces
a jiulge
ei])le, bi
ences ii
remains
directly
case in v
to con fin
haps a 11
ceases to
The t
to act ui
of an afl
two ; but
garded a;-
action ; ]
When it
iiaj; wjic
when an
it; but it
into ('vid(
should ()])
would in
authority.

m
in
es
■ill

enregister an edict, or when it summoned a functionary accused
of malversation to its bar, its political influence as a judicial
body was clearly visible ; but nothinu^ of the kind is to be seen
in the United States. The Americans have retained all the or-
dinary characteristics of judicial authority, and have carefully
restricted its action to the ordinary circle of its functions.

The first characteristic of judicial power in all nations is the
duty of arbitration. But rijn;hts must be contested in order to
warrant the interference of a tribunal ; and an action must be
broufj;ht to obtain the decision of a judjiye. As long-, therefore,
as a law is uncontested, the judicial authority is not called upon
to discuss it, and it may exist without beiny' perceived. When
a judcfe in a pi'iven ca«;e attacks a law relating to that case, he
extends the circle of his customary duties, without however
stepping beyond it ; since he is in some measure obliged to de-
cide uj3on the law, in order to decide the case. But if he pro-
nounces upon a law^^ithout resting upon a case, he clearly steps
beyond his sphere, and invades that of the legislative authority.

The second characteristic of judicial power is, that it pro-
nounces on special cases, and not upon general principles. If
a judge in deciding a particular point destroys a general prin-
clj)le, by passing a judgment which tends to reject all the infer-
ences from that principle, and consecjuently to annul it, he
remains within the ordinary limits of his functions. But if he
directly attacks a general priiuiple 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 im})ortant, and per-
haps a more useful influence than that of the magistrate, but he
ceases to represent the judicial power.

The third characteristic of the judicial power is its inability
to act unless it is appealed to, or until it has taken cognizance
of an atVair. This charact(>ristic is less general than the other
two ; but notwithstanding the exceptions, I think it may be re-
garded as essential. Tiie judicial power is by its nature devoid of
action ; it nuist be put in motion in order to produce a result.
VV^ien it «s railed upon to repress a crime, it })unishes the crimi-
nal ; when a wrong is to be redressed, it is ready to redress it ;
when an act recjuires inter])retation, it is prepared to interpret
it ; but it does not pursue criminals, hunt out wrongs, or examine
into evidence of its own accord. A judicial finutionary who
should oj)en proceedings, and usurp the censureship of the laws,
would in some measure do violence to the passive nature of his
authority.

•5' ■>•' X

t "* . ''■

in 1

The Americans have retained these three distinp^uishing cha-
racteristics of the judicial power ; an American judge can only
pronounce a decision when litigation has arisen, he is only con-
versant with sjjecial cases, and he cannot act until the cause has
been duly brought before the court. His position is therefore
perfectly similar to that of the magistrate of other nations ; and
he is nevertheless invested with immense political power. If the
sphere of his authority and his means of action arc the same as
those of other judges, it may be asked whence he derives a
power which they do not possess. The cause of this dillerence
lies in the simple fact that the Americans have acknowledged the
right of the judges to found their decisions on the Constitution,
rather than on the hu\s. In other words, they have left them
at liberty not to apply such laws as may appear to them to be
unconstitutional.

I am aware that a similar rip;ht has been claimed — but claim-
ed in vain — by courts of justice in other countries ; but in Ame-
rica it is recognised by all the authorities ; and not a party, nor
so much as an individual, is found to contest it. This fact can
only be explained by the principles of the Amci ican constitutions.
In France the constitution is (or at least is su]ij)Osed to be) im-
mutable ; and the received theory is that lio })ower has the right
of changing any part of it. In England, the Parliament has an
acknowledged right to modify the constitution ; as, tiierefore,
the constitution may undergo jierpetual chaiifzes, it does not in
reality exist ; the Parliament is at once a legislative and a con-
stitucnt assembly. The political theories of America are more
simple and more rational. An American constitution is not sup-
posed to be immuta])!e as in France ; nor is it susceptible of
modification by the ordiiiary powers of society as in England.
It constitutes a detached whole, which as it represents the deter-
mination of the whole peojile, is no less l)inding on the legis-
lator than on the private citizen, but \\ Inch may be altered by
the will of the people in pre-determined cases, according to
established rules. In America the constitution may therefore
vary, l)ut 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 in what manner these differences must
act upon the position and the rights of the judicial bodies in the
three ccnintries 1 have cited. If in France the tribunals were
authorised to disobey the laws on the ground of their being
opposed to the constitution, the suj)reme power would in fact be
placed in their hands, since they alone would have the right of

inter]
by n(
natio
herei
Undc
a law
tion 1!
barrie
But ii
of the
will ol
selves.
It y
.judges
body,
the Co
three f
But nei
In til
as mud
be mod
should
conditit
that leg
natural
InF
judge-
cisions ;
encroac
of sociei
State-nu
In Anu
to obet
is to be
logical r
serve tin
When
is argue(
admit it
to the A
influence
there are
or other,

t of

interpreting a constitution, tlie clauses of wiiicli can be modified
by no autbority. They would therefore take the place of the
nation, and exercise as a})solute a s^^ ay over society as the in-
herent weakness of judicial power would allow tliem to do.
Undoubtedly, as the French ^judges are inconn>otent to declare
a law to be unconstitutional, the power of chauging the constitu-
tion is indirectly given to the le<j;islative body, since no legal
barrier would oppose the alterations which it might prescribe.
But it is better to grant the power of changing the constitution
of die people to men who represent (however imperfectly) the
will of the people, than to men who represent no one but them-
selves.

It would be still more unreasonable to invest the English
judges with the right of resisting the decisions of the legislative
body, since the Parliament which makes the laws also makes
the Constitution ; and consequently a law emanating from the
three powers of the State can in no case be unconstitutional.
But neither of tliesc^ remarks is applicable to America.

In die United States the constitution governs the legislator
as much as the private citi/AMi : as it is the first of laws, it cannot
be modified by a law; and it is therefore just that the tribunals
should obey the constitution in preibrence to any law. This
condition is essential to the power of the judicature ; for to select
that legal obligation by which he is most strictly bound, is the
natural right of every magistrate.

In France the Constitution is also the first of laws, and the
judges have the same right to take it as the ground of their de-
cisions ; but were they to exercise diis right, they must perforce
encroach on rights more sacred than their own, namely, on those
of society, in whose name they are acting. In this case the
State-motive clearly prevails over the motives of an individual.
In America, where the nation can always reduce its magistrates
to obedience by changing its Constitution, no danger of diis kind
is to be feared. Upon this point therefore the political and the
logical reason agree, and the people as well as the jutlges pre-
serve their privileges.

Whenever a law which the .judge holds to be unconstitutional
is argued in a tribunal of the United States, he may refuse to
admit it as a rule ; this power is the only one which is peculiar
to the American magistrate, but it gi\ es rise to immense political
influence. Few laws can escape the searching analysis ; for
there are few which are not prejudicial to some private interest
or other, and none which nAiy not be brought before a court of

•tl' • ,jl

l'".

justice by the choice of parties, or by the necessity of the case.
But from the tiMic that a jm\a;c has refused to apply any given
law in a case, that law loses a portion of its moral sanction.
The persons to a\ hose interest it is prejudicial, learn that means
exist of evading- its authority ; and similar suits are multiplied,
until it becomes powerless. One of two alternatives must then
be resorted to : the j)eoj)le must alter the constitution, or the
legislature must repe;;l die law.

The political power which the Americans have entrusted to
their courts of justice is therefore immense ; but the evils of this
power are considerably diminished, liy the obligation which has
been imposed of attacking the laws tin ough the courts of justice
alone. If the judge had been empowered to contest the laws
on the ground of theoretical generalit-es ; if he had been ena-
bled to open an attack or to pass a censure on the legislator, he
would have played a prominent part in the political sphere ; and
as the champion or the antagonist of a party, he would have
arrayed tiie liostile passions of tlie nation in the conflict. But
when a judge conte? a law, applied to some particular case in
an obscure proceeding, the importance of his attack is conceal-
ed from the public gaze ; his decision bears upon the interest of
an individual, and if die law is slighted, it is only collaterally.
Moreover, although it be censured, it is not abolished ; its
moral fore*' may be diminished, but its cogency is by no means
suspended ; and its (inal destruction can only be accomplished
by the reiterated attacks of judicial functionaries. It will
readily be understood that by connecting the censureship of the
laws with the private interests of members of the community,
and by intimately nniting the prosecution of the law with the
prosecution of an iiulivitlual, the legislation is protected from
wanton assailants, and from the daily aggressions of party-spirit.
The errors of the legislator are exposed whenever dieir evil con-
sequences are most felt ; and it is always a positive and appre-
ciable fact which serves as the basis of a prosecution.

I am inclined to believe this practice of the American courts
to be at once the most favorable to liberty as well as to public
order. If the judge could only attack the legislator openly and
directly, he would sometimes be afraid to o])pose any resistance
to his will ; and at other moments party-spirit might encourage
him to brave it every day. The laws would consequently be
attacked when the power from which they emanate is weak, and
obeyed when it is strong. That is to say, when it would be
useful to respect them, they would be contested ; and when it

would be easy to convert them into an instrument of oppression,
they would be respected. But tlie American .jndu;e is brought
into tlie political arena independently of his own will. He only
judges the law because he is obliged to judge a case. The po-
litical question which he is called upon to resolve is connected
with the uUerest of the parties, and he cannot refuse to decide it
without abdicating the (hities of his post. lie performs his func-
tions as a citizen by fidfdling the stri(;t duties which belong to
his profession as a magistrate. It is true that upon this system
the judicial censureship which is exercised by tlie courts of jus-
tice over the legislation cannot extend to all laws in(Ustinctly, in
as much as some of them can never give rise to that precise spe-
cies of contestation which is termed a lawsuit ; anil even when
such a contestation is possible, it may happen that no one cares
to bring it before a court of justice. The Americans have often
felt this disadvantage, but they have left the remedy incomplete,
lest they should give it ellicacy which might in some cases prove
dangerous. Within these limits, the power vested in the Ame-
rican courts of justice of jironouncing a statute to be unconsti-
tutional, lorms one of the most powerful barriers ^^ hich has ever
been devised against the tyranny of political assemblies.

ige
be

uul
be
it

OTHER POWERS GRANTED TO THE AMERICAN JUDGES.

lu the United States all the citizens liiive the rigiit of itidictina: the puhlic fiinc-
tioir.irics Ix-foro th(! ordiiiary tiiljiiuiis. — Hdw tliey use tliis right. — Art. 75 of
the All VIII. — The Aiuoricaiis and the English cannot understand the pur^iort
of this clanse.

It is perfectly natural that in a free comitry like America all the
citizens should have the right of indicting public functionaries
before the ordinary tribunals, and that all the judges should have
the power of punishing public offences. The right granted to
the courts of justice of judging the agents of the executive gov-
ernment, when they have violated the laws, is so natural a one
that it cannot be looked upon as an extraordinary privilege.
Nor do the springs of government appear to me to be weakened
in the United States by the custom \\ hich renders all public offi-
cers responsible to thejudges of the land. The Americans seem,
on the contrary, to have increased by this moans that respect
wliich is due to the authorities, and at the same time to have

•5' ,11

if . i

rendered tliose who arc in power more scrupulous of olTendinp^
public opinion. I was struck by the small number of political
trials which occur in the United States ; but I have no difliculty
in accounting? for this circumstance. A lawsuit, of whatever na-
ture it may be, is always a diflicult and expensive undertaking.
It is easy to attack a public man in a journal, but the motives
which can warrant an action at law must be serious. A solid
ground of com])laint must therefore exist, to induce an indivi-
dual to prosecute a jiublic oflicer, and public oflicers are careful
not to furnish these grounds of complaint, when they are afraid
of being prosecuted.

This does not depend upon the repuldican form of the Ameri-
can institutions, for tiie same facts present themselves in Eng-
land. These two nations do not regard the impeachment of the
principal oflicers of State as a suffwient guarantee of their inde-
pendence. ]5ut they hold that the right of minor prosecutions,
which arc within the reach of the whole community, is a better
pledge of freedom than those great judicial actions which are
rarely employed until it is too late.

In the Middle Ages, when it was very difficult to overtake
offenders, the judges inflicted the most dreadful tortures on the
few who were arrested, which by no means diminished the num-
ber of crimes. It has since been discovered that when justice
is more certain and more mild, it is at the same time more efli-
cacious. The English and the Americans hold that tyranny and
oppression are to be treated like any other crime, by lessening
the penalty and faciliating conviction.

In the year VIII. of the French Republic, a constitution was
drawn up in which the following clause was introduced : " Art.
75. All the agents of the Government below the rank of min-
isters can only be prosecuted for oU'ences relating to their several
functions by virtue of a decree of the Conseil d'Etat ; in ^^ hich
case the ju'osccution takes place before the ordinary tribunals."
This clause survived the " Constitution de I'An Vlll.," ami it is
still maintained in s})ite of the just complaints of the nation. I
have always found the utmost difliculty in cxj)laining its meaning
to Englishmen or Americans. They were at once led to con-
clude that the Conseil d'Jkat in France was a great tribunal,
established in the centre of the kingdom, which exercised a pre-
liminary and somewhat tyrannical jurisdiction in all political
causes. But when I told them that the Conseil d'Etat was not
a judicial body, in the common sense of the term, but an admin-
istrative council composed of men dependent on the Crown,-^

so that the Kincf, after havintj ordered one of liis servants, called
a Prefect, to commit an injustice, has the power of coininandin|;^
another of his servants, called a Councillor of State, to prevent
the former from heini:; punished, — uhen I demonstrated to them
that the citizen who had heen injured by the order of the sove-
reign is ohlif^ed to solicit from the sovereij:;n pcnunission to obtain
redress, they refused to crc'dit so llaij:rant an abuse, ami were
tempted to accuse me of falsehood or of innorance. It fre-
quently happened before the Kevolution that a Parliament issued
a warrant airainst a public oflicer who had committed an ofl'ence ;
and sometimes the j)roceedinti:;s were annulled by the? authority
of the ('rown. Despotism then displayed itself openly, and obe-
dience w as extorted by force. We have then retro!i,raded from
the' point which our forefathers had reached, since \\v allow thinf!;s
to pass under the color of justice and the sanction of the law,
wh'ch violence alone couUl impose upon them.

re-
cal
not
lin-

CHAPTER VII.

POLITICAL JURISDICTION I\ THE UNITED STATES.

Definition of political jiiri.-idictioii. — What is iiiulorslood hy political jurisdiction
in France, in England, and in tlio United Stales — In America the political
judge can only pass sentence on ])nl)li(; ollicers. — He niort! I'recpieiitly ))asses a
sentence of removal from otlice than a penalty. — Political jurisdiction as it ex-
ists in the United Slates is, notwithstanding its mildness, and jjcrhaps in conse-
quence of tliut mildness, a most powerful iujttnmient in the hands of the
majority.

I UNDERSTAND, by political jurisdiction, that tem[)orary rig'ht
of j)ronouncing a legal decision with which a politii^al body may
be invested.

In absolute governments no utility can accrue from the intro-
duction of extraordinary forms of procedure ; the prince, in
whose name an offender is prosecuted, is as much the sovereign
of the courts of justice as of every thing else, and the idea which

ISP

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is entortaiiiod ofliis power is of itself a stiinciont socurity. The
only tiling lie liiis lo (I'ar is, that the external formalities of jns-
tice should he neiilc'tcd, and that his authority shoidd he dis-
honored, from a wish to render it more ahsolute. Hut in most
free countries, in whieh the majority can never exercise the same
intlueiu'e u|)on the trihunals as an ahsolute monarch, the judicial
power has occasionally heen vested for a time in the representa-
tives of society. It has heen thought hetler to imroduce a tci.i-
porary confusion hetween the I'unctions of the dill'erent authori-
ties, than to violate the necessary prlncij)le of the unity of gov-
ernment.

En<jfland, France, and the United States have estahlished this
political jurisdiction in their laws; and it is curious to examine
the diderent use which these three ureat nations have made of the
principle. In Enuland and in France the House ol Lords and
the Chamhre des Pairs constitute the highest criminal court of
their respective nations ; and although they do not hahitually
try all political ojiences, they are competent to try them all.
Another political hody enjoys the right of imj)eachment hefore
the House of Lords : the onh' dillerence which exists hetween
the two conntrics in this respect is, that in England the Com-
mons may impeach w homsoever they please helore the Lords,
whilst in France the Dejjuties can only employ this mode of
prosecution against the ministers of the Crow n.

In both countries the Up})er House may make nse of all the
existing penal laws of the nation to punish the delinquents.

In the United States, as well as in Europe, one branch of the
legislature is authorized to impeach, and another to judge : the
House of Representatives arraigns the oll'ender, and the Senate
awards his sentence. Hut the Senate can only try such persons
as are brought before it by the House of Representatives, and
those persons must belong to the class of public functionaries.
Thus the jurisdiction of the Senate is less extensive than that of
the Peers of France, whilst the right of impeachment by the
Representatives is more general than that of the Deputies. Hut
the great dillerence which exists between Europe and America
is, that in Europe political trihunals are empowered to inllict all
the dispositions of the j)enal code, whilst in America, when they
have deprived the oHender of his ofiicial rank, and have declared
him incapable of filling any political ollice for the future, their
jurisdiction tenninates and that ol' the ordinary tribunals begins.

Suppose, for instance, that the President of the United States
has committed the crime of high treason ; the House of Repre-

witli wl

sentutivos Inipoiiclios him, nnd tlio Sonfite dot^nidos liiin ; he
must tlu'ii l)(' tried hy a jury, which alone vni\ deprive him of
his hherty or his life. This iicciiriitely ilhistriites the suhjcctwe
jire treatinf^'. The political jurisdiction which is established by
the laws ol' Europe is intended to try fi:reat olli-nders, whatever
may he their birth, their raidi, or their powers in the State;
and to this end all the priviiey^es of the <'oiu'ts of justice are
temporarily extended to a j;Teat political assembly. The lcfi;isla-
lator is then transformed into the mai>'istrate ; he is called upon
to admit, to distinguish, and to punish the olfence; and as he
(•\ercis«'s all the authority ni' a jud^c, the law restricts him to
the observance of all the duties of that bijuh oHice, and of all the
lormalities of justice. When a public functionary is impeached
before an Euiilish or a Freiuh political tribunal, and is found
tifuilty, the sentence deprives him ipso /(tclo of his functions, and
it may |)ronounce him to be incapable ol resuminu; them or any
others lor the future. Hut in this case the political interdict is
a consequence of the sentence, ami not the sentence itself. In
Europe the sentence of a political tribunal is therefore to be re-
garded as a judicial verdict, rather than as an administrative
measure. In the United States the contrary takes place ; and
althoufj^h the decision of the Senate is judicial in its form, since
the Senators are obliijed to comply with the practices and for-
malities of a court of justice ; althouf;h it is judicial in respect
to the motivi'S on which it is founded, since the Senate is in
ueneral obliged to take an olllnce at connnon law as the basis
of its sentence ; nevertheless the object of the proceeding' i&
purely administrative.

If it had been the intention of the American lep;islator to in-
vest a political body with ^reat judicial authority, its action
would not have been limited to the circle of public t'unctionaries,
since the most dangerous enemii's of the State, may be in the
possession of no lunctions at all ; and this i-^ especially true in
republics, w here p:nty favor is the lirst of audiorities, and where
the strength of many a leader is increased by his exercisinia; no
legal power. If it had beeii the intention of the American legis-
lator to give society the means of repressing State oflbnces by
exemplary punishment, according to the practice of ordinary
justice, the resources of the |)enal code would all I'.ave been
placed at the disposal of the political tribunals. I3ut the weapon
with which they are entrusted is an imperlect one, aiul it can
never reach the most dangerous olfenders ; since men who aim
at the entire sub^ ersion of the law s are not likely to murmur at
a !»olitical interdict.

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The main object of the political jurisdiction which obtains in
the United States is, therefore, to deprive the citizen of an au-
thority which he has used amiss, and to prevent him from ever
acquiring' it auain. This is evidently an administrative measure
sanctioned In the formalities of a judicial investigatign. In this
niatt( r the Americtans have created a mixed system ; they have
surrounded the act w iiich removes a public functionary with the
securities of a political trial; and they have (icprived all political
condemnations of their severest penalties, Every link of the sys-
tem may easily be traced from this point ; we at once perceive why
the American constitutions subject all the civil functionaries to the
jurisdiction of the Senate, whilst the military, whose crimes are
nevertheless more formidable, are exempted from that tribunal.
In the civil service none of the American functionaries can be
said to be removealde ; the places w hich some of them occupy
are inalienable, and the others derive their rights from a power
which cannot be abrojjcated. It is therefore necesiary to try
them all in order to deprive them of their authority. But mili-
tary oflicers are dej)endeut on the chief mauistrate of the State,
w ho is himself a civil limctionary ; and the decision which con-
demns him is a blow upon them all.

If we now compare the American and European systems, we
shall meet with didercnces no less strikinir in the dillerent ertects
which each of them jiroduces or may ])roduce. In France and
in EnG:land tlie )uri>fhction ot" political bodies is looked upon as
an extraordinary resource, which is only to be employed in. or-
der to rescue society li'om un\\ontrd danj:!:ers. It is not to be
denied that these tribunals, as they are constituted in Europe,
are aj)t to violate the cojiservative principle of the balance of
power in the State, and to threaten incessantly the lives and
liberties of the subject. The same political jurisdiction in the
United States is only indirectly hostile to the balance of power;
it caimot menace tiie lives of the citizens, and it does not hover,
as in Europe, over the heads of the conununity, since those only
who have beforehand submitted to its authority upon acceptinu;
odice are exposed to its severity. It is at the same time less
formidaI)le and less efficacious; indeed, it has not been con-
sidered by the legislators of the United States as a remedy ibr
the more violent evils of society, but as an ordinary means of
conducting the government. In this respect it j)robably exer-
cises more real inlluence on the social body in America than in
liiirope. We must not be misled by the apparent mildness of

llbr

iii
of

the American legislation in all that relates to political jurisdic-
tion. It is to be observed, in the first place, that in the United
States the tribunal which passes sentence is composed of the
same elements, and subject to the same influences, as the body
which impeaches the ofl!ender, and that this uniformity gives an
almost irresistible impulse to the vindictive passions of parties.
11 political judges in the United States cannot inflict such heavy
penalties as those of Europe, there is the less chance of their
acquitting a prisoner ; and the conviction, if it is less formida-
ble, is more certain. The principal object of the political tri-
bunals of Europe is to punish the oflcnder ; the purpose of those
in America is to deprive him of his authority. A political con-
demnation in the United States may, therefore, be looked upon
as a preventive measure ; and there is no reason for restricting
the judges to the exact definitions of criminal law. Nothing
can be more alarming than the excessive latitude with which
political oflcnces are described in the laws of America. Arti-
cle II. Section iv. of the Constitution of the United States runs
thus : " The President, Vice-President, and all civil officers of
the United States shall be removed from office on impeachment
for, and conviction of, treason, bribery, or other high crimes and,
misdemeanors^ Many of the Constitutions of the States are
even less explicit. " Public officers," says the Constitution of
Massachusetts,* " shall be impeached for misconduct or mal-
administration." The Constitution oi Virginia declares that all
the civil officers who shall have oflt'nded against the State by
mal-administration, corruption, or other high crimes, may be
impeached by the House of Delegates : in some constitutions
no oflences are specifled, in order to subject the jjublic func-
tionaries to an uidimited responsibility. t iJut I will venture
to artlrm, tirat it is ]>recisely their mildness which renders die
American laws most formidable in this respect. We have
shown that in Eurojic the removal of a liuictionary and his
political interdiction are consetpiences of the penalty he is to
undergo, and that in America they constitute the penalty it-
self. The result is that \n Europe political tribunals are in-
vested with rights which they are afraid to use, and that the
fear of punishing too much hinders thein from j)unisliing at all-.
But in America no one hesitates to inflict a })eiialty from which
humanity does not recoil. To condemn a political opponent to
death, in order to deprive him of his power, is to commit what

' Chapter 1. sect. ii. ^ 8.

t See the Coustitiuions of lUi'ioig, Maine, Connecticut, and Georgia.

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all the world would execrate as a horrible assassination ; but to
declare that opponent unworthy to exercise that authority, to de-
prive him of it, and to leave him uninjured in life and liberty,
may appear to be the fair issue of the struggle. But this sen-
tence, which it is so easy to pronounce, is not the less fatally
severe to the majority of those upon whom it is inflicted. Great
criminals may undoubtedly brave its intangible rigor, but ordina-
ry offenders will dread it as a condemnation which destroys their
position in the world, casts a blight upon their honor, and con-
dems them to a shameful inactivity worse than death. The in-
fluence exercised in the United States upon the progress of so-
ciety by the jurisdiction of political bodies may not appear to be
formidable, but it is only the more immense. It does not act
directly upon the governed, but it renders the majority more ab-
solute over those who govern ; it does not confer an unbounded
authority on the legislator which can only be exerted at some mo-
mentous crisis, but it establishes a temperate and regular in-
fluence, which is at all times available. If the power is decreased,
it can, on the other hand, be more conveniently employed, and
more easily abused. By preventing political tribunals from in-
flicting judicial punishments, the Americans seem to have eluded
the worst consequences of legislative tyranny, rather than
tyranny itself; and I am not sure that political jurisdiction, as it
is constituted in the United States, is not the most formidable
which has ever been placed in the rude grasp of a popular majori-
ty. When the American republics begin to degenerate, it will be
easy to verify the truth of this observation, hy remarking whether
the nmnber of political impeachments augments.*

CHAPTER VIII.

THE FEDERAL CONSTITUTIOIV.

I HAVE hitherto considered each State as a separate whole, and
I have explained the different springs which the people sets i»

• See Appendix, N.

motion, and the different means of action which it employs.
But all the States which I have considered as independent are
forced to submit, in certain cases, to the supreme authority of
the Union. The time is now come for me to examine the par-
tial sovereignty which has been conceded to the Union, and to
cast a rapid glance over the Federal Constitution.*

HISTORY OF THE FEDERAL CONSTITUTION.

Origin of the first Union. — Its wcakneag. — Congress appeals to the constituent au-
thority. — Interval of two years between tlie appeal and the promulgation of
the new CoHslitutiou.

The thirteen colonies which simultaneously threw off the yoke
of England towards the end of the last century, professed, as I
have already observed, the same religion, the same language,
the same customs, and almost the same laws ; they were struggling
against a common enemy ; and these reasons were sufliciently
strong to unite them one to another, and to consolidate them
into one nation. But as each of them had enjoyed a separate
existence, and a government within its own control, the peculiar
interests ami customs which resulted from this system were
opposed to a c()m|)act and intimate union ^^ Inch would have ab-
sorbed the individiud importance of each in the general impor-
tance of all. Hence arose two opposite tendencies, the one
promj)tiug the Anglo-Americans to unite, the other to divide
their strength. As long as the war with the mother-country
lasted, the principle of union was kept alive by necessity ; and
although the laws which constituted it were defective, the com-
mon tie subsisted in sjjite ol" their impefections.t But no sooner
was peace concluded than the faults of the legislation became
manifest, and the State seemed to be suddenly dissolved. Each
colony became an indcpeiulent republic, and assumed an ab-
solute sovereignty. Tiie federal government, condenmed to im-
potence by its constitution, and no longer sustained by die pres-
ence of a connnon danger, witnessed the outrages offered to its

* iSee tiie Constitution of the United States.

t See the iirticU'H of tiic first confeder.ition formed in 1778. This constitution
was not adopted hy all the Stales until 1781. See also the analysis given of thii
constitution ni the Federalist, from No. 15 to No. Si*^, inclusive, and Story's ' Com-
uieutaries en the Constitution of the United States,' pp. 85—1 15.

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fiag by the threat nations of Europe, whilst it was scarcely able
to maintain its ground against the Indian tribes, and to pay the
interest of tJie debt wliich had been contracted during the War
of Independence. It was already on the verge of destruction,
when it officially proclaimed its inability to conduct the govern-
ment, and appealed to the constituent authority of the nation.*

If America ever approaclued (for however brief a time) that
lofty pinnacle of glory to which the proud fancy of its inhabit-
ants is wont to point, it was at the solemn moment at which the
power of the nation abdicated, as it were, the empire of die land.
All ages have furnished the spectacle of a people struggling with
energy to win its independence ; and the efforts of the Americans
in throwing off the English yoke have been considerably exagge-
rated. Separated from their enemies by three thousand miles of
ocean, and backed by a powerful ally, the success of the United
States may be more ju^ly attributed to their geograjjliical posi-
tion than to the valot^ their armies or the patriotism of their
citizens. It would be ridiculous to compare the American war
to tlie wars of the French Revolution, or the efforts of the Ame-
ricans to those of the French, who, when thev were attacked by
the whole of Europe, without credit and without allies, were still
capable of opposing a tv\ entieth part of their population to their
foes, and of bearing the torch of revolution beyond their frontiers
whilst they stifled its devouring flame within the bosom of their
country. But it is a novelty in the history of society to see a great
people turn a calm and scrutinizing eye upon itself when apprized
by the legislature that the wheels of government had stopjied ; to
see it carefully examine the extent of the evil, and patiently wait
for two \\liole years until a remedy was discovered, which it vo-
limtarily adopted without having wrung a tear or a drop of blood
from niankind. At the time when the inadequacy of the first con-
stitution was discovered, America possessed the double advantage
of that calm which had succeeded the effervescence of the revolu-
tion, and of those trreat men who had led the revolution to a suc-
cessful issue. The assembly which accepted the task of composing
the second constitution was small ;t but George Washiugton was
its President, and it contained the choicest talents and the nol)lest
hearts which had ever a])})earcd in the New Vv^)rld. This national
commission, after long and mature deliberation, offered to the ac-
ceptance of the people tiie body ofgeieral laws which still rules the

* Congrnss made this declaration on the 21.st of Fch. 1787.
\ It cousi.-ited of fifty-five ineniher.s ; Wasliington, Madison, Hamilton, and tlie
two Morrisjswere nmongst tlie imiiiber.

Union. All the States adopted It successively.* The new Fede-
ral Government commenced its functions m 1789, after an inter-
regnum of two years. Tlie Revolution of America terminated
when that of France began.

SUMMARY OF THE FEDERAL CONSTITUTION.

Division of aiitliovity between tlie Federal Government and the States. — The
Government of the States is the rule ; — the Federal Government the exception.

The first question which awaited the Americans was intricate,
and b} no means easy of solution : the object was so to divide the
authority of the different States which composed the Union, that
each of them should continue to govern itself hi all that concern-
ed its internal prosperity, whilst the entire nation, represented by
the Union, should continue to form a com})act body, and to pro-
vide for the general exigencies of the people. It was as impos-
sible to determine beforehand, with any degree of accuracy, the
share of authority which each of the two Governments was to
enjoy, as to foresee all the incidents in the existence of a nation.
The obligations and the claims of the Federal Government
were simple and easily definable, because the Union had been
formed with the express purpose of meeting the general exigen-
cies of the peoj)le ; but the claims and obligations of the States
were, on the other hand, complicated and various, because those
Governments |)enetrated into all the details of social life. The
attributes of tlie Federal Government wiM'e therefore carefully
enumerated, and all that was not inchuled amongst them was
declared to constitute a part of the privileges of the several Gov-
ernments of the States. Thus the government of the States
remained the rule, and that of the Confederation became the ex-
ception, t

♦ It was not adopted by tlio Iceislativo bodies, but representatives were elected
by the people for this sole purpose; and the new constitution was discussed at
lenjith Ml each of these asseiiiblics.

t See tho Amenduient to the Fi deral Constituion ; Federalist, No. 32. Story,
p. 711. Kent's ComiiieMtiiries, vol. i p. I'.Gt.

It is to be observed, that whentiver the crrliisirr right of regulatin;^ certain mat-
ters is not reserved to Coiifjress by the Constitution, the States may take up tbo
atl'air, until it i.-. brouf^ht beibre the National .Assembly. For instance, Congress
has the riirlit of makiiijj a geueral law on bankruptcy, which, however, it neglecta
to do. V.nch State is then at liberty to make a law for itself. This point, how-
ever, has been established by discussion in the law-courts, and may be said to be-
long more properly to jurisprudence.

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But as it was foreseen that, in practice, questions mi^ht arise
as to the exact limits of this exceptional authority, and that it
wouUl be dangerous to submit these questions to the decision of
the ordinary courts of justice, established in the States by the
States themselves, a high Federal court was created,* which
was destined, amongst other fimctions, to maintain the balance
of power which had been established by the Constitution between
the two rival Governments.t

PREROGATIVE OF THE FEDERAL GOVERNMENT.

Power of declaring war, making peace, and levying general taxes vested in the
Federal (lovernment. — What part of the internal policy of the country it may
direct — Tlie Government of the Union in some respects more central than the
King's Government in the Old French monarchy.

The external relations of a people may be compared to those
of private individuals, and they cannot be advantageously
maintained without the agency of the single head of a Govern-
ment. The exclusive right of making peace and war, of con-
cluding treaties of commerce, of raising armies, and equipping
fleets, was therefore granted to the Union.J The necessity of
a national Government was less imperiously felt in the conduct
of the internal affairs of society ; but there are certain general

* The action of this court is indirect, as we shall hereafter show.

f It is thus that tho Federalist, INo, 45, explains the division of supremacy be-
tween the Union and the States. " Tho powers delegated l)y the Constitution to
the Federal Government are few and defined. Those which are to remain in the
State CJovernments are numerous and indefinite. The former will be exercised
principally on external objects, as war, peace, negotiation, and foreign commerce.
The powers reserved to the several States will extend to all the objects which, in
the ordinary course of aH'airs, concern the internal order and prosperity of the
State "

I shall often have occasion to quote the Federalist in this work. When the
bill, which has since become the Constitution of the United States, was submitted
to the approval of the people, and the discussions were still pending, three men,
who had already ac;|uired a portion of that celebrity which they have since en-
joyed, John Jay, Hamilton, and Madi.-ion, formed an association with the inten-
tion of explaining to the nation the advantages of the measure which was pro-
posed. W ith this view they published a series of articles in the shajie of a journal,
which now form a complete treatise. They entitled their journal ' The Fede-
ral St,' a name which has been retained in the work. The Federalist is an ex-
cellent book, which ought to be iinniliar to die statesmen of all countries, ulth'uigh
itesj)eciaHy concerns .America.

t See Constitution, sect 8. Federalist, Nos. 41 and 43. Kent's Commentaries,
vol. i. p, 207. Story, pp. 356-3d2 ; ibid. pn. 409-426.

the U

interests which can only be attended to with advantage by a
general authority. The Union was invested with tlie power
of controlling the monetary system, of directing the post-office,
and of opening the great roads which were to establish a com-
munication between the difierent parts of the country.* The
independence of the Government of each tt^tate was formally
recognized in its sphere ; nevertheless, the Federal Govern-
ment was authorized to interfere in the internal allairs of the
Statesf in a few predetermined cases, in wiiich an indiscreet
abuse of their independence might compromise the security of
the Union at large. Thus, whilst the power of modifying and
changing their legislation at pleasure was preserved in all the
republics, they were forbidden to enact ex jwst facto laws, or
to create a class of nobles in their community.:}: Lastly, as it
was necessary that the Federal Government should be able to
fulfill its engagements, it was endowed with an unlimited power
of levj'ing taxes§

In examining the balance of power as established by the
Federal Constitution ; in remarking on the one hand the por-
tion of sovereignty which has been reserved to the several
States, and on tlie other the share of power which the Union
has assumed, it is evident that the Federal legislators enter-
tained the clearest and most accurate notions on the nature of
the centralization of government. The United States form
not only a republic, but a confederation ; nevertheless the au-
thority of the nation is more central than it was in several of
the monarchies of Europe when the American Constitution
was formed. Take, for instance, the two following examples.

Thirteen supreme courts of justice existed in France, which
generally speaking, had the right of interpreting the law with-
out appeal ; and those provinces were styled pai/s d' Efats,weve
authorized to refuse their assent to an impost which had been
levied by the sovereign who represented tiic nation.

In the Union there is but one tribunal to interpret, as there
is one legislature to make, the laws ; and an impost voted by
the representatives of the nation is binding upon all the citizens.

In these two essential points, therefore, the Union exercises

* Several other privileges of the same kind exist, such as that which empowers
the Union to lea;ish\te on bankruptcy, to grant patents, and other matters in which
its intervention is clearly necessary.

t Even in these cases its interference is indirect. The Union interferes by
means of the tribunals, as will be hereafter sliovvn.

t F.sderal Constitution, sect. 10. art. 1.

^ Constitution, sect. 8, 9, and 10. Federalist, Nos. 30-36, inclusive, and 41-44.
Kent's Commentaries, vol i. pp. 207 and 3dl. Btory, pp, Z29 aad 5I4.

I .!|

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* " , "I

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more central authority than the French monarchy possessed,
although the Union is only an assembla(;c of confederate re-
publics.

In Spain certain provinces had the right of establishing a
system of custom-house duties peculiar to themselves, although
that privilege belongs, by its very nature, to the national sov-
ereignty. In America the Congress alone has the right of
regulating the commercial relations of the States. The gov-
ernment of the Confederation is therefore more centralized in
this respect than the kingdom of Spain. It is true that the
power of the Crown in France or in Spain was always able to
obtain by force whatever the Constiution of the country denied,
and that the ultimate result was consequently the same ; but I
am here discussing the theory of the Constitution.

FEDERAL POWERS.

After having settled the limits within w hich the Federal Gov-
ernment was to act, the next point was to determine the powers
which it was to exert.

■■*.

LEGISLATIVE POWERS.

Division or the Legislative Body into two branches. — Diflerence in the manner
of forming the two Houses.— Tiie principle of the independence of the States
predominates in the formation of the Senate. — The principle of the sovereignty
of the nation in the composition of the House of Kepresentatives. — Singular
effects of the act that a Constitution can only he logical in the early stages of
a nation.

The plai which had been laid down beforehand for the Con-
stitution of the several States was followed, in many points, in
the organization of the powers of the Union. The Federal
legislature of the Union was composed of a Senate and a House
of Representatives. A spirit of conciliation prescribed the
observance of distinct principles in the formation of each of
these two assemblies. I have already shown that two contrary

luse

interests were opposed to each other in the establishment of the
Federal Constitution. These two Interests had given rise to
two opinions. It was the wish of one party to convert the
Union into a league of independent States, or a sort of con-
gress, at which the representatives of the several peoples would
meet to discuss certain points of their common interests. The
other party desired to unite the inhabitants of the American
colonies into one sole nation, and to establish a (Jovernment,
whicii should act as the sole representative of the nation, as far
as tlie limited sphere of its authority would permit. The prac-
tical consequences of these two theories were exceedingly dif-
ferent.

The question was, whether a league was to be established
instead of a national Government ; whether the majority of the
States, instead of the majority of the inhabitants of the Union,
was to give the law : for every State, the small as well as the
great, then retained the character of an independent power,
and entered the Union upon a footing of perfect equality. If,
on the contrary, the inhabitants of the United States were to
be considered as belonging to one and the same nation, it was
natural that the majority of the citizens of the Union should
prescribe the law. Of course the lesser States could not sub-
scribe to the application of this doctrine without, in fact, abdi-
cating their existence in relation to the sovereignty ofthoCon-
fetleration ; since ihcy would have passed from the condition
a co-equal and co-legislative authority, to that of an insignifi-
cant fraction of a great people. Tl)e former system w ould
have invested them with an excessive authority, the latter
would have annulled their inllucnce altogether. Under these
circumstances, the result was, that the strict rules of logic were
evaded, as is usually the case when interests are opposed to
arguments. A middle course was hit upon by the legislators,
which brought together by force two systems theoretically ir-
reconcileable.

The principle of the independence of the States prevailed in
the formation of the Senate, and that of the sovereifriitv of the
nation predominated in the composition of the House of Re-
presentatives. It was decided that each State should send two
Senators to Congress, and a number of IJcprescntalives pro
portioned to its population.* It results from this arrangement

* Every ten years Congress fixes anew tlio iiuinlinr of representatives wliicli
each State is to furnish. Tlie total number was G9 in 17t9, and 210 in lb33.
(See American Ahnanac, 1834, p. 194.)

The Constitution decided that there should not be more tlian one representa-

! }

that the State of New York has at the present day forty Repre-
sentatives, and only two Senators ; tlie State of Delaware has
two Senators, and only one representative; the State of Dela-
ware is therefore eqnal to the State of New York in the Senate,
whilst the latter has forty times the inlluenco of the former in
the House of Representatives. Thus, if the minority of the
nation preponderates in the Senate, it may paralyse the de-
cisions of the majority represented in the other House, which
is contrary to the spirit of constitutional fj^overnment.

These facts show how rare and how diilicult it is rationally
and logically to combine all the several parts of legislation. In
the course of time difl'erent interests arise, and dillorent princi-
ples are sanctioned by the same people ; and when a general
constitution is to be established, those interests and principles
are so many nttural obstacles to the rigorous application of
any political system, with all its consequences. The early
stages of national existence are the only |)eriods at which it is
possible to maintain the complete logic of legislation ; and
when we perceive a nation in the enjoyment of this advantage,
before we hasten to conclude that it is wise, we should do well
to remember that it is young. When the Federal Constitution
was formed, the interest of independence for the sej)arate States,
and the interest of Union for the whole people, were the only
two conflicting interests which existed amongst the Anglo-
Americans ; and a compromise was necessarily made between
them.

It is, however, just to acknowledge that this part of the
Constitution has not hitherto produced those evils which might
have been feared. All the States arc young and contignous;
their customs, their ideas, and their wants are not dissimilar;
and the differences which result from their size or inferiority do
not suffice to set their interests at variance. The small States
have consequently never been induced to league themselves
together in the Senate to oppose the designs of the larger ones ;
and indeed there is so irresistible an authority in the legitimate
expression of the will of a people, that the Senate could offer

t'lve for every 30,000 persons; but no minimum was fixed on. The Congress
has not thought fit to augment the number of representatives in proportion to
the increase of population. The first act which was passed on the subject (Mtli
of April, 1792 : see Laws of the United States by Story, vol. i p. yiJf),) decided
that there should be one representative for every 313 000 inhabitants. Tlie last
Act, which was passed in 1832, fixes the proportion at one for 4^,000. Tiic
population represented is composed of all the freemen and of three-fifths of the
slaves.

the

les ;
latc
)fler

Igrcss
Ml to

;ihii

:icle(l

lust
1 Tlie
the

but a feeble opposition to the vote of the majority of the House
of Representatives.

It must not be forgotten, on the other hand, that it was not
in the power of the American legislators to reduce to a single
nation the people for whom they were making laws. The ob-
ject of the Federal Constitution was not to destroy the inde-
pendence of the States, but to restrain it. By acknowledging
the real authority of these secondary communities, (and it was
impossible to deprive them of it,) they disavowed beforehand
the habitual use of constraint in enforcing the decisions of the
majority. Upon this principle the introduction of the inlluencc
of the States into the mechanism of the Federal CJovernmcnt
was by no means to be wondered at ; since it only attested the
existence of an acknowledged power, which was to be Immored,
and not forcibly checked.

A FURTHER DIFFERENCE BETWEEN THE SENATE AND THE
HOUSE OF REPRESENTATIVES.

Tlio Senate named by the provincial legislators, — the Representatives, by the
people. — Double election of the former ; — single election of the latter. — Teruj
of tlie ditlerent ollices. — Peculiar functions of each House.

The Senate not only dillers from the other House in the prin-
ciple which it represents, but also in the mode of its election,
in the term for which it is chosen, and in the nature of its func-
tions. The House of Representatives is named by the people,
the Senate by the legislators of each State ; the former is di-
rectly elected, the latter is elected by an elected body ; the term
for wliich the representatives are chosen is only two years, that
of the senators is six. The functions of the House of Repre-
sentatives are purely legislative, and the only share it takes in
the judicial power is in the impeachment of public officers. The
Senate co-operates in the work of legislation, and tries those
political offences which the House of Representatives submits
to its decision. It also acts as the great executive council of
the nation ; the treaties which are concluded by the President
must be ratified by the Senate ; and the appointments he may
make must be definitively approved by the same body.*

* See Tiie Federalist, Nos. 52— GC, inclusive. Story, pp. 199—314. Constitu-
tiou of the United States, sections 2 and 3.

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100

THE EXECUTIVE POWER.*

Dopciidonco of the President. — He is elective mid responsible. — Tie is free to net
in liis own spliere under the inspeetion, hut not nnder the ihrcctiou of the
Scnuto. — IIIh salury lixcd ut his entry into otlice. — Suspeiwivo veto.

The American legislators undertook a tlinicult task in attempt-
ing to create an executive power dependent on the majority of
the people, and nevertheless sufliciently strong to act without
restraint in its own sphere. Jt was indispensable to the main-
tenance of the republican form of goverment tliat the represen-
tative of the executive power should be subject to the will of thr
nation.

Tlie President is an elective magistrate. His honor, his
property, his liberty, and his life are the securities which the
people has for the t(.'n)|)erate use of his |)ower. liut in the ex-
ercise of his authority he cannot be said to l)i' perfectly indejjcn-
dent ; the Genate takes cognizance of his relations withibreign
powers, and of the distribution of public appointments, so that
he can neither be bribed, nor can he employ the means of cor-
ruption. The legislators of the Union acknowledged that the
executive j)ower would be incompetent to fulfill its task with
dignity and utility, unless it enjoyed a greater degree of sta-
bility and of strength than had been granted it in tlie seperate
States.

The President is chosen for four years, and he may be re-
elected ; so that the chances of a prolonged administration may
inspire him with ho})eful undertakings for the public good, and
with the means of carrying them into execution. The Presi-
dent was made the sole representative of the executive power
of the Union ; and care was taken not to render his decisions
subordinate to the vote of a coun -i', — a dangerous measure,
which tends at the same time to ciog the action of theCIovern-
ment and to diminish its responsibility. The Senate has the
right of annulling certain acts of tlie President ; but it cannot
compel him to take any steps, nor does it participate in the ex-
ercise of the executive power.

The action of the legislature on the executive power may be

+ Sec The Federalist, Nos. G7— 77. Constitution of the U. H., art. 2. Story,
p. 315, pp. 515— 7f^0. Kent's CoinmemarieB, p. 255.

101

rale

csi-
iver
oiis
ire,
rn-
tlie
not
cx-

ilirect ; and wc have just shown that the Americans carefully
obviated this iniluencc ; but it may, on the other hand, be in-
direct. Public assemblies which have the power of depriving
an oHicer of state of his salary, encroach upon his independ-
ence ; and as they are free to muU(! the laws, it is to be feared
lest they should fjjrachially appropriate to themselves a portion
of that authority which the Constitution had vested in his
hands. Tlfu: dependence of the executive power is one of the
defects inherent in republican constitutions. The Americans
have not been able to counteract the tendency wjiich legisla-
tive 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 jjcriod of his magistracy. The President is
moreover provided with a suspensive veto, which allows him to
oppose the passing of such laws as might destroy the portion
of independence which the Constitution awards him. The
struggle between the President auc the legislature must always
be an une(|ual 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 mo-
tion be persisted in, it must then be backed by a majority of
two-thirds of the whole house. The veto is, in fact, a sort of
appeal to the people. The execu.ive power, which, Avithout
this security, might have been secre'.ly o})pressed, adopts this
means of pleading its cause and slating its motives. But if the
legislature is certain of overpowering all r< distance by perse-
vering in its plans, I reply, that in the constitutions of all na-
tions, of whatever kind they may bo, a certain point exists at
which the legislator is obliged to liave recourse to the good
sense and the virtue of his lt'llovv-citi7.ens. This point is more
prominent and more discoverable in republics, whilst it is more
remote and more carefullv concealed in monarchies, but it
always exists somewhere. There is no country in the world in
which everything can be provided for by the laws, or in which
political institutions can prove a substitute for common sense
and public morality.

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i *

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102

DIFFERENCE BETWEEN THE POSITION OF THE PRESIDENT
OF THE UNITED STATES AND THAT OF A CONSTITUTIONAL
KING OF FRANCE.

Executive power in tlie United States as li-'itetl and as partial as the supremacy
which it represents. — FiXecutive power in France as universal astlie supremacy
it represents. — The King a branch of the legishiture. — Tlie President the mere
executor of the law. — Other dill'erences resulting from the duration of the two
powers. — The President cneckcd in the exercise of the executive authority. —
The King independent in its exercise. — Notwithstanding tliese discrepancies
France is more akin to a republic tiian the Union to a monarchy. — Comparison
of the number of public oUicers depending upon the executive power in the
two countries.

The executive power has so important an influence on t'le desti-
nies ofnations that I a"! inclined to pause for an instant at this por-
tion of my subject, in order more clearly to explain the part it
sustains in America. In order to form an accurate idea of the
position of the President of the United States, it may not be ir-
relevant to compare it to that of one of the constitutional kings
of Europe. In this comparison I shall pay but little attention
to the external signs of power, which are m jre apt to deceive
the eye of the observer than to guide his researches. When a
monarchy is being gradually transformed into a republic, the
executive power retains ilie titles, liie honors, the etiquette,
and even the funds of royalty long after its authority has disap-
peared. Th'j English, after having cut oft' the head of one
king, and expelled another from his throne, were accustomed to
accost the successors of tliose princes upon their knees. On
the other hand, when a republic falls under the sway of a single
individual, the demeanor of the sovereign is simple and unpre-
tending, as if his authority was not yet paramount. When the
emperors exercised an unlimited control over the fortunes and
the lives of their fellow-citizens, it was customary to call them
Cc'esar in conversation, and they were in the habit of supping
without formality at their friends' houses. It is therefore neces-
sary to look below the surface.

The sovereignty of the United States is shared between the
Union and the States, whilst in France it isinidivided and com-
pact : hence arises the first and the most notable diftercnce
which exists between the President of the [Jnited States and the
King of Franco. In the United States the executive power is

103

the

ing

Itlic
)in-
Incc
Ithe
|r is

as '■ lited and partial as the sovereignty of the Union in whose
nai. it acts ; in France it is as universal as the authority of
the ctate. The Americans have a federal, and the French a
national Government.

This first cause of inferiority results from the nature of things,
but it is not the only one ; the second in importance is as fol-
lows : Sovereignty may be defined to be the right of making
laws : in France, the King really exercises a portion of the sove-
reign power, since the laws have no weight till he has given his
assent to them ; he is moreover the executor of all they ordain.
The President is also the executor of the laws, but he does not
really co-operate in their formation, since Aie refusal of his as-
sent does not annul them. He is therefore merely to be consi-
dered as the agent of the sovereign power. But not only does
the King of France exercise a portion of the sovereign power,
he also contributes to the nomination of the legislature, which
exercises the other portion. lie has the privilege of appointing
the members of one chamber, and of dissolving the other at
his pleasure ; whereas the President of the United States has
>io share in the formation of the legislative body, and cannot
dissolve any part of it. The King has the same right of bring-
ing forward measures as the Chambers ; a right which the
President does not possess. The King is represented in each
assembly by his ministers, who explain his intentions, support
his oj)inions, and maintain the principles of the Government.
The President and his ministers are alike excluded from Con-
gress ; so that his influence and his opinions can only penetrate
indirectly into that great body. The King of France is there-
fore on an equal footing with the legislature, which can no
more act without him, than he can without it. The President
exercises an authority inferior to, and depending upon that of
the legislature.

Even in the exercise of the executive power, properly so
called, — the point upon which his position seems to be almost
analogous to that of the King of France, — the President labors
under several causes of inferiority. The authority of the King,
in France, has, in the first place, the advantage of duration
over that of the President : and durability is one of the chief
elements of strength j nothing is either loved or feared but
what is likely to endure. The President of the United States
is a magistrate elected for four years. The King, in France,
is an he"?ditary sovereign.

In the exercise of the executive power the President of the

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104

United States is constantly subject to a jealous scrutiny. He
may make, but lie cannot conclude, a treaty ; he may designate,
but he cannot appoint a public officer.* The King of France
is absolute in the sphere of the executive power.

The President of the LTnited States is responsible for his
actions ; but the person of the King is declared inviolable by
the French Charter.

Nevertheless, the supremacy of public opinion 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 in fact it exists. In America it
acts by elections and decrees ; in France it proceeds by revolu-
tions : but notwithstanding the difi'erent 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 if. consequences may be dillerent, and its results
more or les? extensive. Whence I am led to conclude, that
France witli its King is nearer akin to a republic, than the
Union with its President is to a monarchy.

In whal I have been saying I have only touched upon the
main points of distinction ; and if 1 could have entered into
details, the contrast would have been rendered still more
striking.

I have remarked that the authority of the J\esident in the
United States is only exercised within the limits of a jiartial
sovereignty, wliilsi that of the King, in France, is undivided,
I might have gone on to sluiw that the p'.)wer of the King's
government in France exceeds its natural limits, however ex-
tensive they may be, and penetrates in a thousand diO'erent
ways into the administration of private interests. Amongst
the exam|)les of this influence may be quoted that which results
from the great number of public functionaries, who all derive
their appointments from the ( Jovernment. This number now
exceeds all previous limits ; it amounts to 1")8,00(H nominations,
each of which ' may be considered as an element of power.

105

The President of the United i*^tates has not the exclusive right
of niakinu; any public appointments, and their whole number
scarcely exceeds 12,01)0. *

ACCIDENTAL CAUSES AVIITCII IMAY INCREASE THE INFLUENCE

OF THE EXECUTIVE.

External socmity of the Tallinn. — Army of six thousand men. — Few ships. — The
President hiis no opportunity of exercising his great prerogatives. — In the pic-
rogatives he exercises ho is wcalc.

vF the executive power is feebler in America than in France,
the caus(.' is more attributable to the circumstances than to the
laws o(" the country.

It is chiclly in its foreign relations that the executive power
of a nation is called upon to exert its skill and vigor. 1(^ the
existence of the Union were perpetually threatened, and its ci.Mef
interests were in daily connexion with those of a her powerfnl
nations, the executive goverment woidd assume an increased
importance in proportion to t'le measures expe ted of it, and
those which it would carry into edect. The President of the
United tStates is the commander-in-chief of the army, but of an
army composed of only six thousand men ; he commands the
Jleet, but the ileet reckons but lew sail, he conducts the foreign
ridations of the Union, but the United States are a nation with-
out neigh'jors. Separated from the rest of the world by the
Ocean, and too weak as y(;t to aim at the dominion of the seas,
they have no enemies, and their interests rarely come into con-
tact svith thos(» of any other nation of the globe.

'Vl'r jiractlcal part of a (lovernment must not be ju;!ged by
t!:' *' .M-ry of its constitution. The Presiilent of the ITnited
!>.. ■ is n the posse-;;ion of almost royal jirerogatives, which h)
has n.- poortunlty of exercising ; and those privik^ges which he
can at present use are very circumscribed : the laws allow him to
j)ossess a degree of inlluence which circumstances do not permit
liini to emj)loy.

* Tlii-; nnmher is extracted from tlie ' National Calendar' for 1?3;?. The Na-
tional (.'alciidar is an American Almanac which conlaiti- the names oi all the I'ed-
cial ollicers.
It rcsiihs Irom tiiis comparisoti that tlic Kim; nf t' ranee has eleven times as
■ my placc-j at ins ilispONul as ihe J'rcsideni, alihough the populalion of Fraujio
' not much iMon; than double that of the Union.

'iX

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106

On the other hand, the great strength of the royal preroga-
tive in France arises from circumstances far more than from
the laws. There the executive government is constantly strug-
gling against prodigious obstacles, and exerting al! its energies
to repress them ; so that it increases by the extent of its achieve-
ments, and by the importance of the events it controls, without
for that reason modifying its constitution. If the laws had
made it as feeble and as circumscribed as it is in the Union, its
influence would very soon become much greater.

WHY THE PRESIDENT OF THE Ui\ITED STATES DOES NOT
REQUIRE TH! '-^ ATORITY OF THE TWO HOUSES IN ORDER
TO CARRY ON GOVERNMENT.

It is an established axiom in Europe that a constitutional King
cannot persevere in a system of government vvliich is opposed by
the two other branches of the legislature. But several Presi-
dents of the United States have been known to lose the major-
ity in the legislative body, without being obliged to abandon
the supreme power, and without inflicting a serious evil upon
society. I have heard this fact rpioted as an instance of the in-
dependence and power of the executive government in Ame-
rica : a moment's reflection will convince us, on the contrary,
that it is a proof of its extreme weakness.

A King in Kurope requires the support of the IcgisI 'ure to
enable him to perform the duties in)posed upon him by the
Constitution, because those duties are enormous. A constitu-
tional King in Eurof)C is not merely the executor of the law,
but the execution of its provisions devolves so completely upon
him, that he has the power of paralysing its influence if it op-
poses his designs. He requires the assistance of the legislative
assemblies to make the law, but those assemblies stand in need
of his aid to execute it : these two authorities cannot sid)sist
without each other, and the mechanism of government is
stopped as soon as they are at variance.

In America the President cannot prevent any law from being
passed, nor cati he evade the obligation of enforcing it. His
sincere and zealous co-operation is no doubt useful, but it is
not indispensable in the carrying on of public affairs. All his

107

important acts are directly or indirectly submitted lo the legis-
lature ; and where he is independent of it he can do but little.
It is therefore his weakness, and not his power, which enables
him to remain in opposition to Congress. In Europe, harmony
must reign between the Crown and the other branches of the
legislature, because a collision between them may prove serious ;
in America, tliis harmony is not indispensable, because such a
collision is impossible.

)SlSt

ling

His

his

ELECTION OF THE PRESIDENT.

Dangers of tlie elective system increase in proportion to tlie extent of the pre-
ro'^nUyp.. — Tiiis s\>Uein po->ibl'i in America beciuise no povverftil executive au-
thority is rtMpiircil. — Wlial circnmstaiices are favorable to the elective system. —
Wliy the elt'clioii of the President does not cause a deviation from the princi-
ple- of the (iovernment. — lutUienceof the election of the President on second-
ary functionaries.

The dangers of the system of election applied to the head of
the executive government of a great people have been suffi-
ciently cxemplilicd by experience and by history ; and the
remarks 1 am about to make refer to America alone. These
dangers may bo more or less formidable in proportion to the
place which the executive power occupies, and to the import-
ance it possesses in thckState; and they may vary according
to tlio mode of election, and the circumstances in which the
electors are placed. The most weighty argument against the
election of a chief magistrate is, that it offers so splendid a lure
to private ambition, and is so apt to inflame men in the pursuit
of power, that when legitimate means are wanting, force may
not nnfrc(juently seize what right denies.

It is clear that the greater tlie privileges of the executive
authority are, the greater is the temptation ; the more the am-
bition of the candidates is excited, the more warmly are their
interests espoused by a throng of partisans who hope to share
the power when their patron has won the prize. The dangers
of the elective system increase, therefore, in the exact ratio ot
the induence exercised by the executive power in the aflairs
of J>tate. The revolutions of Poland are not solely attributable
to the elective system in general, but to the fact that the elected
magistrate was the Jiead of a powerful monarchy. Before we

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103

can (Hsniss tlio iibsoliilr advantjii-os of the olfctivo s\ stem, we
iniist make prelimiiian inr|iiiri("s as to ulicther the neop-apliioal
position, the laws, the liahits, the manners, and the opinions of
the people auionii'st whom it is to he introdneed, m iil iulmit of
theestahlishmentof a neakand dependent exeentive ^'overnment ;
tor to atteDipt to render the representative ol'the State a jjowerlid
sovereign and at the same time eleetivc, is, in my o))inioji, to enter-
tain two incompatible designs. To reduce hereditary royalty to
theeondition ol'an elective authority, the only means that I am ac-
quainted wltli are to circumscrihe its s|)here oi'actio)! helbrehand,
iiradually to illminish its prerogatives, and to ac(nistom the peo-
ple to live without its protection. Nothini^, however, is lurther
Irom the desij^ns of the republicans of Europe than this course :
as many oi'themoidy owe their hatred of tyranny to tlu suli'er-
inu's which they have personally undergone, the extent of the
executive jlower does not e\cit(^ their hostility, and they only
attack its origin w ithout jjcrceiving- how nearly the tv o things
are connected.

Hitherto no citi/.en has shown any disposition to expose his
honolUnM his life in order to become the .('resident oftlie United
States ; because the power of that ollicc is temporary, limited,
and subordinate. The prize of fortune must be great to encour-
age adventurers in so desperate a game. iSO candidate has as
yet been able to arouse the dangerous enthusiasm or the pas-
sionate sympathies of the people in his favor, lor the very sim-
ple reason, that when he is at the head of the Government he
has but little power, but little wealth, and but little glory
to share amongst his friends ; and his inlluence in the State is
too small for the succij;;s or the ruin ol" a faction to depend vipon
the elevation of an individual 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, the executive government is never
suspended for a single instant ; and if the affairs of a monarchy
are not better conducted tiu.'^ those of a republic, at least there
is always some one to conduct them, well or ill, according to
his capacit3\ In elective States, on the contrary, the wheels of
government cease to act, as it were of their own accord, at the
ajiproacli of an election, and wen for some time jnvvious to
that event. The laws may indeed accelerate the operation of
the election, which may be conducted witJi such simplicity and
rapidity that the seat of power will never l)e left vacant ; but,
notwithstanding these precautions, a break necessarily occurs in
the minds of the people.

109

At th(» approach of an election the head of the executive gov-
ernment is \\holly occu])it'(l hy the coniinj? strufrj^lp ; his future
])lans are douhtfiil ; he can undortaJu? iiothinu' new, and he will
oiily prosecute witli indKiorence those designs which another
will periiaps terniinate. "I am so near die time of my retire-
ment from oliice, " said Presiiient JeHerson on the 21st of Janu-
ary, 1801), (six weeks before the election,) "that I feel no passion,
1 take no part, 1 express no sentiment, it appears to me Just to
leave to my successor the commenciMnent ni' those measures
which lie w ill liave to prosecute, and for Avhich lie will he respon-
sible."

On the (Uher liand, the eyes of the nation are centred on a
siniilc poirit ; al! are wiuchinii' tlie ijradual birth of so important
an evcMU. Tlie >\idor the iulluence of the executive ])Ower ex-
tends, the i;'reater and ihe more neces>ary is its constant action,
the more fatal is the t<'rm of suspense ; and a nation which is
accustomed to the government, or, still more, one used to the
administrative protection of a ))owerl"'d e\(H'utive authority,
woidd be infallil)ly convulsed by an election of this kind. In the
United States the action of the Government may be slackened
with im})uuity, bcciuise it is always weak aiul circumscribed.

Ou(> of till' priiuMpal vices of the elective system is that it
alwavs introduces a certain deuree of instability into the internal
and external policy o[" the Slate, liut this disadvantai;e is less
sensibly felt if tli;' share of power vested in the elected nia£>istrate
is small, in Home the j)riiK^iples of the Government underwent
no variation, althon^h the Consvds were cliantj:ed every year,
bec;ins(.^ t!i<' Senate, which was an hereditary assembly, possessed
the direelJtm' authorily. If the elective system were adopted in
Europe, the condition ol" nu)st of the monarchical States would
be chanucd at vxvvy new election. In America the President
exercises a certain iiiHuence on State allairs, l)ut he does not
conduct them ; the preponderatintr ))ower is vested in the repre-
sentatives of th(^ wlu)!(,' nation. The political maxims of the
comitry depend therel'on* on the mass of the people, not on the
President alone; and conse(iuently in America the elective sys-
tem has no very ])rejudicial intluence on the lixed principles of
the Government. But the want of lixed |)rinciples is an evil so
inherent in the elective system, that it is still extremely percep-
tible in tlu; narrow sphere to which the authority of the President
extends.

The; Americans have admitted that the head of the executive
power, who has to bear the whole responsibility of the duties he

m
It

^§»A^

1R.

•)

t
I

110

!-A

is called upon to fulfill, ought to be empowered to choose his
own affcnts, and to remove them at pleasure : the lei^islative
bodies watcli the conduct of the President move than they direct
it. The consequence of this arranpcement is, that at every new
election the fate of all the Federal public officers is in suspense.
Mr. Quincy Adams, on his entry into office, discharp;ed the
majority of the individuals who had been appointed by his pre-
decessor : and I am not aware that General Jackson allowed a
single removeable functionary employed in the Federal service
to retain his place beyond the first year which succeeded his
election. It is sometimes made a subject of comj)laint, that in
the constitutional monarchies of Europe the fate of the humbler
servants of an Administration depends upon that of the minis-
ters. But in elective governments this evil is far greater. In
a constitutional monarchy successive ministries are rapidly form-
ed ; but as the })rincipal representative of the execniive power
does not change, the spirit of innovation is kept within bounds ;
the changes which take place are in the details rather than in the
principles of the administrative system : but to substitute one
system for another, as is done in America«every four years by
law, is to cause a sort of revolution. As to the misfortunes
which may fall upon individuals in consequence of this state of
things, it must be allowed that the uncertain situation of the
public officers is less fraught with evil consequences in America
than elsewhere. It is so easy to acquire an indej)endent position
in the United States, that the public officer who loses his place
may be deprived of the comforts of life, but not of the means of
subsistence.

I remarked at the beginning of this chapter that the dangers
of the elective system applied to the head of the State, are aug-
mented or decreased by the peculiar circumstances of the people
which adopts it. However the functions of the executive power
may be restricted, it must always exercise a great influence upon
the foreign policy of the country, for a negociation cannot be
opened or successfully carried on otherwise than by a single
agent. The more precarious i»nd die more perilous the position
of a people becomes, die more absolute is die want of a fixed
and consistent external policy, and the more dangerous does the
elective system of the chief magistrate become. The policy of
the Americans in relation to the whole world is exceedingly
simple ; and it may almost be said that no country stands in
need of them, nor do they require the co-operation of any other
people. Their independence is never threatened. In their

Ill

in
lier
leir

present condition, therefore, the functions of the executive power
are no less limited by circuiiistunces than by the Inws ; and the
President may frequently change his line of policy without in-
volving the State in dililculty or destruction.

Whatever the prerogatives of the executive power may lie,
the period which immediately precedes an election, and the mo-
ment of its duration, must always be considered as a national
crisis which is perilous in proportion to the internal embarrass-
ments and the external dangers of the country. Few of the na-
tions of Europe could escnpe the calamities of anarchy or of
conquest, every time they might have to elect a new sovereign.
In America society is so consthuted that it can stand without as-
sistance upon its own basis ; nothing is to be feared from the
pressure of external dangers ; and the election of the President
is a cause of agitation, but not of ruin.

MODE OF ELECTION.

Skill of the American logislatois shown in the mode of election adopted by them.
Creiition of a speciii! elt'ctoral body. — Separate votes of these electors. — Case
invviiichthe Hoii.se of Representatives i.s called upon to choose the President. —
Results of the twelve elections which have taken place since the Constitution
has been established.

Besides the dangers which are inherent in the .system, many
other diniculties may arise from the mode of election, which may
be obviated by the precaution of the legislator. When a peo-
ple met in arms on some public spot to choose its head, it was
exposed to all the chances of civil war resulting from so martial
a mode of proceeding, besides the dangers of the elective sys-
tem in itself. The Polish laws, which subjected the election of
the sovereign to.the veto of a single individual, snggested the
murder of that individual, or prepared the way to anarchy.

In the examination of the institutions, and the political as well
as the social condition of the United States, we are struck by
the admirable harmony of the gifts of fortune and the efforts of
man. That nation possessed two of the main causes of internal
peace ; it was a new country, but it was inhabited by a people
grown olil in the exercise of freedom. America had no liostile
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.

Hi'

•5' ' ,VI

112

It tluMi oiilv roinaiiif'd Tor tlicni to (lioosc the Irast danyorous
of tlu' various iiiodcs ol" rlcctioii ; and the nihs which they laid
down upon this point a(hniral)ly (•oin|>l('!(' the scciM'itit's which
the i)h\si<"d and political constiliition of the country already
airordi'd. Tluir ohjcct was to find the mode of (dcction which
would Ix^st c\|)n'ss the cliolcc ol' tin* people w ith (he lea>t pos-
sihle excitement juid suspense. It was n(hni(te(l in the (irst place
that the simple majority should he decisive ; hut (he diHiculty
was to olXain (his majority without an in(erval of delay \vhich
it was most important to a\()id. It rarely happens (hat an indi-
vidual can at once collect the majority of (he sufl'raii;es of a jLfreat
people; and this didiculty is enhanced in a re])ul)lic ol' confed-
erate States, where local inllnences are apt to pvenonderate.
The means by which it w as ])rt»j)osed to ohviate this second ob-
stacle was to deleii'ate (he electoral powers of (he na(ion to ;i
body of repr(^s(Mitalives. This mode ol' election rendered a nsa-
jority more j)rol)al)ie ; for the ilnver the electors are, the Ji'reater
is the chance of their c(nninijc to a final dciision. It alsoolfered
an additional ])rol)al)iIity of a jiulicious choice. It thyn remained
to be decided whether this riiilit ol election was to be I'utrusted
to the leiiislatiNc body, the h;!l)itual represcntaiive ass(>ml)ly of
the nation, or whether an electoral assen)l)ly should be formed
for the express purpose of ])roceedini;' to the iu)niination of a
President. The Americans chose the latt( r ;d(erna(ive, I'rom ;i
belief (hat tli'' indi\ idiials who were returned t(< mal\(> the laws
were incompetent to repres(>nt the wislies of the jiatiou in the
election of its chief mr.uistrate ; and that as they are chosen for
more than a vear, the constituency the\ represented miiiht have
chanirod its opinion in that tim(>. It was thouiiht that if th(;
leii'islature was empowered to elect the head of the executive
power, its menil)ers would, for some time before (he eh'c(ion, be
exposed to the mano'iivres of corru|)tion and the tricks of in-
triirue ; whereas the s])Ocial electors would, like a jio'y, remain
mixed up w ith the crowd till the di'y of action, n hen (liey would
aj)pear for the sole purpose of ^J:i^■in^J:; their vo( 's.

It was therefore esta])lished that every S(a(e lioidd name a
certain number of electors,* who in their tin*n should eh^ct the
President ; and as it had been observed diat the assemblies to
which the (^hoice of a chief matristrate had been entrusted in
eleftive countries, ine>ital)ly hecame the centres of passion and
of cabal ; that they sometimes usurped an authority w liicli did

* As inany ;is it s:eiiil.- p.icinbcrs to Conj;rcss. The iiuinlier of electors at the
election of ld33 was 2c':r'. (See the JNatioual Caleiidiii', 1633.)

113

not bcloufi,' to tlicin ; imd tliiit their prococdiii^s, or the uiircr-
tMiiity whiili rcsiihcd I'roin thcin, wci'c somi'thncs prolonyrd so
much as to rii(!;uH.'.<'r the wcll'irc oC thr State, it was detfriiiiiied
that the electors should all vole upon the sauie day, widiout hc-
iiiju: convoked to the same place.* This douhle eleclioii ren-
dered a majority jjrohahle, thou'Ji not certain ; lor it was pos-
sible^ that as many difii'rences miij;ht cAist between the electors
as between their constituents. In this case it was necessary to
have recourse to one of three measures; either to appoint new
<'lectors, or to consult a second ihnv those already apj)ointe(l, or
to delerthfMdection to another authority. The (irst two of those
alternati^(^s, inde|)endenlly of the uncei'tainty of their residts,
were likely to delay the final decision, and to |)erpetuate an agi-
tation which must always be accompanied with dann'or. The
third e\j)edient was therefore adopted, and it was agreed that
the votes should be Iransniitted S(>aled to the ]*resident of the
Senate, and that they should be opened and counted in the pres-
ence of the Senate and the House of Kepresentali\es. if none
of the candidates has a majority, the Mouse of Keprespntativcs
then proceeds immediately to elect the Presi(h<nt; but with the
condition that it nuist li\ ujion one of the tlnve candidates who
have the hiiihest inn>'''"r-.t

Thus it is only in case of an event v.liichcainiot often baj)})en,
and which can never be foreseen, !hat the election is entrusted
to the ordinary representatives of t!i(> iiution ; and even then they
are obliiicd to choose a citizen who has ah'cady been designated
by a powcrt'ul minority of the special el<M-lors. It is by this
happy expedient that the respect which is due to the ])oj)ular
voice is combined with the utmost celerity of execution and those
pn'cautions which the ])eacc of tlw country demands. But the
decision of the (juestion by the House of j{ >pres<Mitatives does
not ne<-es^arily oll"er an immediate solution of tlie didicnlty, for
the majorit\' of that asscmlily may still be doubtful, and in this
case the Constitution j)rescril)es no remedy. Nevertheless, by
restricting the number of cmididates to three, anil by referring

* Tlio cleclorH of tlic s;inio Slate assoiiililo, but tlicy traiisiiiit to tlio coiilral
(iovcriiiiitMit tli(! list of" tlit.'ir itiilividiial sotcs, ami not tlie uicru lesiilt oi" the voto
of tile inajority.

t 111 tills case it is tlic niiijority of tlio States, ami not tiie nuijorily of tlie mem-
bers, which decides the question ; so that New Y'oik has not more iiilliience iii
the debate than llhorle Island. Thus the citizens of tlie l.'iiion are (%st considted
as members of one and the same coimminity ; and, if tiny caiim>*agriu'. recourse
is had to the division of the States, each of which has a sc|):nate and indepoiKh'iit
vote. This is one of the singularities of the Federal Con-jtitutiou uliich can only
be explained by the jar of contlicting interests.

;*'*

J"! 1

.1'

I t-l

llio iKtilti"- toi'u' iiuliiniciit <>r!iM cii'iiAlrKMM'i jJiihrK- liodv, It lia-:
siiiotitlied a!l the ob.sUifk.s* wlikli iu'cuol inljeieui Jii tin.' cU'ctivr

Ill til,' rt)rt\-l<'iir vc!ir.«i wliicli Iiuvr cl'.ip^fd slncr tlic pronml-
t>nti()ti <>!' llx' l''«''l(r:il ('oii'titiitioii, the I'lihtMl Stales liii\(
twelve times cliKseu a l^nsid; at. Ten dI" tin •• eieetioiis took
nl:iee siiiiidtniK Olisly liy the Notes ol" llie special electors ill llie
di/iereiit Htates. The Mouse of Kejiresentatisry. liiis only twice
exorcised its conditional privileiic of decidiiu.'; iii cases ottnicer-
tair.ty : the first time was ;it the election of Mr. Jelii-rson in 1801 ;
the second was in IS25, when iMr. (-^nincy Adiiins was nuniod.

CRISIS OF Tdi: Er.Kf'TIO.V.

'J'lic EliM-tinii 111 IV lie '•(ni-ililcri'd as a iiMtioiial crisis. -W'liv ? — P'l

i\' Id,

)lc.— Ai

.'lectiui

.'ly ol li

l'i(;si(li!iil..— Calm \vlm;ii Mii;cecils tlu; a^iiulioii of tln:

I HAVE shown ^vhat tlie circumstances ;ire \ihl,h llnored the
adoption of the el(>ctive syst.'in in the United States, and whai
precautions were taken hv the legislators to oiiviate its danuer!-
Tile Ainei'iiuiis are accustomed to all kinds of elections; aiii,
they kiiovt by e\|)ei'ieiice the iiCiio-l (!ei;ree of exciteuient which
is compatible with, seciirily. 'I'he \iist extent o-'the country and
the dissemination oi' t!ie inhabitants render a coHlsion between
parties less j)robabIe and le.;s dangerous there than elsi ■.viiere.
The pohtieid circumstances under which the elections have
hitherto b( t-n carried on havi' [jresented no veal embarrassments
to the nation.

Nevertheless, the epoch ol' the election of a President of the
ITnited States may l)e considered as a crisis in the ailiilrs ol' the
nation. The iiill-:eih c NNJiich 1
no doubl leei)!e ar.d iitdlri-ct ; but the eltoice of i\\v l*resident.

le exercises on Duhiic hiismess is

UliiCll ?s ol

liri'iioi-fiiice !o ( ;u'!i iiidnidu

d cit

r/en, concerns

I be i-'iiiv.ci!- '•<»!!; r',i\ ii\ ; and h(t,\;'ver iriiliiuv ,ui inlerest ina\l)(^

II a-

ime

'-il'i;!: d'ur.'C o|" itupoitaui-e as stH)n

;s it l»ec<im('s

u;ii( rai. 'i'he I *ii -iil( (it no.sscsscs bill, lew nvjaiis of' vewardlii;

Us --iipporit l';« !l! < 0)|ip;il'l-(»ll to lllf k!nt>,"s

)f 1

juropo, 1)1

il till

.ft'fiVi'son, ill 1^"!

io( ••!(

CU'd (Ull:l tllr I'ij'll rillU- o!

|)i;»'(s uhi' h tiro nt !ii^ ril-jpo^al ;ii-.> ••iiiiriciillv niirii»M'r)i,>; to in-
I('r.">t, dir'-clK ()!' liiilicccll I , .cvrul iiii.ii':;;i.i iii'rlM|-s in lii-. .n,--
rcss. M'.)I^'(i^ (T |)i»!ifi(;il p;»rli('>., i,i ;||,. [ nili'il Siiilc- ,,■> vxcll
;»s (^l-('\vli< re, ire Icil io i;;ll\ roidul ,ui iii'lis i'liiiii, in ordiT \u
iic(|iiiri' n mure l;in'.'.ii)ic s!i »;)t' in iIh- ryt--. .i| liic crnwd. :iiiil 'li*-
iniiic (»r tli!' ciiM'litl'i.' llir ill'' I'rc >ii|i'iir\ i^ jki! m-wiU'iI iii lli«!
syiiil).')! !i)i(l j)('r>i)iiiii('!illun ol'ili'ir ilHoric-.. Fi.i" v.k',(< rciixins
|);irtirs MiN' >trnii!i!\ Iiitcrr-trtl in !;MiiiiM!.'' ih" cl.'iiion, not so
Miiu'lj wiiii ;i view ,o the triumph ol' llicir priiii-iplc* niuicr tin;
jiiispiccs of the Pivsldi'iit fleeted, its to -Iiou, hy tlie in;t)oritv
'v>!ii( li returned liini, tin; strenuili of the snpjjoriers orihos(^ prin-
eiplcs.

For n loMU' uliiK' l)elore the uppoinli d li!n!> is ,it leuid, tiio
election heeonies the most iniportiint ;ni(l the idl-eie4rt)s>inn' topic
ol" discussion. The ardor ol" (action is redoubled ; and all the
artilicial passions uhii-li the imai;ini»tion can create in the hosoni
ol"a happy and |)eaeel"id land are agitated and hroiii;iit to lij:,hl.
The president, on the other hand, is ahsorhed hy the cures of
sell-delence. lie no lonii'er u'overn^ lor the interest of the State,
hnt lor that of his re-electi(ni ; he do(>s lioniaL^e to the niajorlty,
and instead of ci.cckini;' its passions, as his duty eo)nniands him to
do, he lre(jnenlly eonrts its worst caprices. As 'le election draws
near, (he acti\ ity of inlriiiiie and the agitation of the populace
increase ; the I'iti/.ens are di\ ided into several camps, each of
which assumes the name of its favorit(! candidate ; the whole
nation ^lows w ith li'verish excitenient ; the election is the daily
theme of the public paj)ers, the subject of j)rivate conversation,
the end of every thoiii;'ht and excry action, the sole interest of
the present. As soon as the choice is deti'rmined, this ardor
is dispelled ; and as a calmer season returns, the current of the
State, which h is nearly liroUen its baidvs, sinks to its usual h^vel :
hut wlu) can refrain l"rom astonishment at the causes ol' the
storm f

>-1

-;»<«*»•

iU'i

•5' ,11

If . *

"'I

IIG

RE-ELECTION OP THE PIIESIDEXT.

Wl>en t!ie Iioiul of the oxor.iUive power is rc-olij;il)lc, it is tlio State wliicli is tlie
(iiirce of intrigue iiiifi corriiptioii — The desire uf being re-elected the cliief
aim of ;i Presiilciit of t!ie I'liitecl St;itc's. — Disadvantage of the system pecidiar
to America. — 'J'he natural evil of democracy is that it subordinates all aijtliorily
to the slightest desires of the majority. — The re-election of the President en-
courages tills evil.

It may be askod whetlicr the loi;-is]:itors of the United States
did rifj:ht or wroiiii'iii allowing- tiu; re-election of the President.
It seems at first sight eontrtuy to all reason t(' prevent the head
of the executive power from being' elected a second time. The
influence which the talents and the charaiiC" ;)f a single indi-
vidual may exercise upon the (ht(> of a whole people, esjjecitdly
in critical circimistaiicc \s or arduous tlme^, is wvW known : a law
preventing the re-election of the chief magistrate would deprive
the citizens of die surest pledge of theprosj)erity and the security
of the commonwealth ; and, by a singidar inconsistency, a man
would be excluded from the go\-ernment at the very time when
he had shown his ;d)ility in conducting its all'airs.

But ii" these arguments -.nv. strong", |)ei'haj)s still more power-
ful reason^ may be advant <h1 agtiinst tli<'m. Intrigue aiul lov-
rnption are the natiM'al defecls of elective irovermnent ; but when
the head of the State can l)e re-ele<'ted, tlic^e e\ ils rise to a
great height, aiul compromise tlie wry existence of the country.
When !i siiii])le candidate seeks to rise by iiitrigiie, bis ma-
na'Mvres must necessarily be limitt^l to n narrou sphere; but
when the chief mag i^tr;tt(> «Mi(ers the lists, he borro\Ns the strength
of th(> (Government ibr hU own |)ur;V!ses. In the former ctise
the feel)k> resources ol'an individual are in 'action ; in the Ititter,
the State itself, with all its i:"niense indiuMU'e, is busied in the
work of corruption and cahal. The ]n'ivate citi/en, who em-
plovs die mc)Nt immocal |)ractices to in'cpiire ))ourr, can only :u't
in a manner imiiri'ctly ])r»;ju(l!cial to the j)ublic prosperity. Hut
if the representtitive ol" the executive descends into the lists, the
cares of <!o^•ernment dwindle into second-rate iniportance, and
the success of his election is his fn'st concern. All laws iind
neirociation-^ are then to him notiiing more than electioneering
schemes; placc'^ biM-ome th" r(>w;irfl of services rendered, not to
the natioji, but to its chief; imd the im'Inence of the Gov(>rn-

117

•11

ii-
itit
ail

ni-

ict
lilt

11(1
nd

>^"
to

ment, il' not injurious to the country, is at least no longer bene-
ficial to the community for Avhich it was created.

It i- impossible to consider the ordinary course of aflairs in
the United States without perceivinu: that the desire of bein|2: re-
elected is the chief aim of the Pre^id('nt ; that his whole admin-
istration, and even his most indiUcrent measures, tend to this ob-
ject ; and that, as the crisis approaches, his personal interest
takes the place of his interest in the public (jfood. The principle
of rc-eli,u:ibility renders the corrupt iiiducnce of elective irovern-
ments still more extensive and pernicious. It tends to detrrade
the })olitical morality of the people, and to substitute adroitness
for patriotism.

In America it exercises a still more fatal influence on the
sources of national existence. Every i^overnment seems to be
atllicted by some evil inherent in its nature, and the [genius of
the l(\u;islator is shown in eludine; its attacks. A State may sur-
vi\ e the influence of a host of bad laws, and the mischief they
cause is frequently exaiii-erated ; l.Hit a law which encourages
the growlli of the cank 'r within must prove fatal in <he end, al-
thouiih its bad c()nse(|uenc(s may not be immediately perceived.

The j)rincij)le of destniction iu absolute monarchies lies in the
excessive and unreasonnble extension of the prertiiiative of the
Crown ; and a measure tending to remove the constitutional
provisions which couiKcrbalance this influence would be radical-
ly bad, even if its coiise(|uenc('s should long appear to be imper-
ceptible. ]J\ a |)arity of reasoning, in countri(>s go\eriiedby a,
democracy, where the people is])erpctually draA\ing ail authority
to itself, the laws which increase or accelerate its action are the
direct assailants of the ve , ])rinciple of the Coverninenf.

The greatest prool' of the al)ility of the American legislators
is, that they clearly disceriKMl this truth, and that they had the
<'ourage to act uj) to it. They conceived that a ccn'tain authority
ahove tli(> body of tlie people was necessary, which should enjoy
a deu'rev> of independence, without howe^ er being entirely be-
yoml the popular control ; an authority \vhich would be I'orced
to comply with ihc pcnn< in rut determiintions of the niajoritx, but .
which would be able to resist its cajirices, and to 'efuse its most
dangerous demands. To this end they centr- d the whole ex-
ecnti\e power (»f (he nation in a single arm ; they granted ex-
tensive prerogatives to the President, and tliey armed him with
the veto to resist the encroachments of the legislature.

But by introducing the principle of re-election they partly
destroyed their work : and tliey rendered the President but

•y ,11

• »>;

-^i

:'\

118

liulc inclined to exert the a^reat power tliry liad vested In his
hands. IfineligilWe ii second time, the President wouhl he Car
from indepenent oCthe peo[)le, for his responsibility woidd not
be lessened ; bnt the Cavor oi" the peoph* woidd not be so ne-
cessar}' to him as to induce him to court it bv hnnioriiig- its
desires. 1(" re-eligible, (and this is more especially true at the
present day, when political morality is I'elaxed, and when great
men are rare,) the President of the United States becomes an
easy tool in tl)e hands ol' the niajority. He adoj)ts its likings
and its anitnosities, he hastens to anticipate its wishes, he jore-
stalls its complaints, he yields to lis idlest cravings, and instead
of gniding it, as the k-gisjature intended that he shoidd do, he
is ever ready to follow its bidding, 'riins, in order no' to deprive
tlie State of the talents of an individurJ, those talents have been
rendered almost nseiess, a:id to reserve an expedient for extra-
ordinary perils the conntry has been exposed to daily dangers.

FEDERAL COURTS.*

political importaiico of tlio indiciiirv in llie T'liitod Stiitos. — Dillioiilty of frontitiff
tliis subject. — Utility of jiidicial power in confcdcnitioiis. — Wiiut tnbnnals conld
be introduced into the (nion. — Aecessily oi" esliilili-l.io'r ffderal conrls of jns-
lico. — Or<ranization of tlie niilioniij judiciary. — The ."'nprenio Court. — In wlial
it dift'ers from all known tribunaLs. ,

I HAVE inqnircd into the legislative and executive jiower of the
Union, and the judicial power now remains to be exi'Miine.i ;
l)ut in this jilace I cannot conceal my fears Ironi the reader. Ju-
dicial institutions (vxercise a great iniliience on the condition of
the Anglo-Americans, and they occupy a |)rominent j)lace
amongst what are j)roperly called |)()iitic;d institutions: in this
respect they are j)eculiarly deserving of our nttcniion. J>ut J
am at loss to explain (he political action of the American tribu-
nals without entering into some teclniical (h^tails on tlu ir Con-
stitution ajid their ll)rnis of proceeding ; aiul I know not iiow to

" See Cliaplcr VI., entitled 'Judicial Power in the United States.' Tiiisriinp-
ter explains the ([general principles of tho Aniorican theory of judicial institutioin.
See also The rc^dernl Constitution, Art.!!. See 'I'iie I'oderaiisi, A'o-. T>'— :-':.i,
iuciusivc : and a \vorlc entitled ' (Jonstitnlional Law. lH;in<r a View of llie Prac-
tice and Jurisdiction of the Courts of tiie United .States, by Tlionias Seri^eant.'
See Story, pp. i;U, JW. 'M^, ')! 1, ."JHI, (liJ-^ ; and the organic law of the '2 Itli Sc()-
teuiber, 17tfL>, in t'je Collection of the Laws oJ' the United States, by Story, vol.

1. p. 5'ij.

119

iU'Si-oiid to tlii-sf inimuitC witho'.it \vt'iii\inti, the (-"..losity of the
reader by tlie natural aridity of the subject, or without risking"
to fall into ol)sci(rity throu2;h n desire to be succinct. I can
scarcely iiopc to escape tliese various evils ; for if I appear too
lentitby to a man of the world, a lawyer may on the other hand
coiiij)l;;in of my brevity. But these are the natural disadvan-
taiies of my sid))ect, and more especially of the point which I am
about to (Hscijss.

The areat ditiiculty was, not to devise the Constitution of the
Feder;d (iovernnii'ut, but to find out a methotl of erjforcin^ its
laws. Covernments hav(! in general but two means of ovcr-
cominjT the oj)position of the people they govern, viz. the phy-
sical for<-e which Is at their own flisj)osa1, and the moral force
wliich 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 or
two alternatnes would then probably occur : if its authority was
small, and it-^ ( haracter temperate, It woidd not resort to violence
till the last extremity, and It would connive at a number of par-
tial acts ol' insubordination. In which ca>e the State would gra-
dually lall into anarchy ; if It was enterprising aiul j)Owerful, it
woulfl per|)et(ially lia\(> recourse to its physical strength, and
would speedily degenerate into a. military despotism. So that
its acth Ity would not be less prejudicial to the connnunlty than
its Inaction.

The great end of justice is to substitute the notion of right
lor that of violence ; and to place a legal barrier between the
power of the (iovernment and the u^e of ])h\-ical Ibrce. The
authority which is awarded to the lnterv(Mitli if a <'ourt of jus-
tice by the general opinion of mankind is so surprislngU' ureat,
that it dinusto tlu> mere I'ormalities of justice, and give-; ;i bodilv
inlli'.(>nce to the .shadow of the law. The moral force \\)ilch
(ourls of justice possess rende'.N the liUroduction of"ph\sical
ibrce (>xceedlngiy rare, and It Is very fre([uently substituted (or
it; but if the latter proMs to be indepeusable, its power is
douliled by tlu association of the idea of law.

A I'^ederal (lOMM'iunent staiuls in greater n(>ed of the support
of judicial institutions than any other, because it is naturally
neak, and exposcvl to formidable opposition.* If it were always

* I'cili'ivil laws iii'(! tliosc! wliicli most rt'(|Miro coiiits of justice, and those at tlie
saiiii- liitio 'A Inch liavo most rarely iv^tiilih-hrd them. The reas ii is tliat coiifed-
eiiiiioiis have usually iieeii ibniied hy mde|ii'ii(leiit Stales, which entertained no
re il mii'iitioh of iheyiiiif th(> central (iovennnent, ami which verv coadily ceded
t:ie. li.^ht. o|' .•Din'i iiid:n',f to ihe Teileral executive, and very prudently reserved
•lie iii^lu of iiuii couipliaiKe lu iheiu.;elves.

ill

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120

obli|?cd to resort to violence in the first instance, it could not
fulfill its task. Tlic Union, tlierelbro, required a national judi-
ciary to enforce tlie obedience of the citizens to the laws, and to
repel the attacks which might be directed acjainst them. The
question then, remained as to what tribunals were to exercise
these priviletycs ; were they to be entrusted to the courts of Jus-
tice which were already orfn^anizcd in every State ? or was it
necessary to create federal courts ? It may easily bo proved
that the Union could not r ipt the judicial power of the States
to its wants. The separation of the judiciary from the admin-
istrative power of die State no doubt affects the security of every
citi/en, and the liberty of all. But it is no less iuiportaiK to the
existence of the nation that these several powers should have the
same orlirin, should lollow the same ])rinclples, and act in thi^
same sphere ; in a word, that they should be correlative and
homoireneous. No one, 1 presume, ever sutrgested die advan-
taije of trying' oiiences committed in France, by a foreign court
of justice, in order to ensure the imj)artlality of th(> Judges.
Tiie Americans form one people in relation to their Federal
Government; but In the bosom of this people divers ])o]itical
bodies have beeii allowed to subsist wliich are dependent on the
national Government in a It'w |)oints, and iude[)en(lent in all the
rest — which have all a distinct origin, maxims jx'culiar to them-
selves, and special means of carrying on tlir-r allairs. To en-
trust too execution of th<' laws of the Union to tribunals insti-
tuted by these j)olitical bodies, would be to allow (oreign judges
to preside over the nation. Aay more, not only is each State
foreign to the Union at largi>, but it is in perpetual opposition to
the common interests, since whatcvin* autliorlty the Union loses
turns to tiie advantage of the States. Thus to enforce the laws
of the Union by means of the triljunals of the States, would be
to allow not only foreign, but partial judges to preside over the
nati(ui.

Hut the number, still more than the mere character, of the
tribunals of die States rindercd them unlit lor the service of the
nation. A\ hen the Federal Consthiitlon was formed, there were
already thirteen courts of iusiice in the United States which de-
cided causes without ap})eal. That nunib(>r is now increased to
twenty-four. To suppose that a State can subsist, w hen its fun-
damental laws may be subjected to four-and-twcnty didcrent in-
terjiretations at the same time, is to advance a j)roposition alike
contrary to reason and to experience.

The American legislator; therelt)re agreed to create a federal

131

judiciary power to apply the laws of the Union, and to determine
certain questions affecting general interests, which were carefully
determined beforehand. The entire judicial power of the Union
was centred in one tribunal, which was denominated the Supreme
Court of the United States. But, to facilitate the expedition of
business, inferior courts were appended to it, which were em-
powered to decide causes of small importance without appeal,
and with appeal causes of more magnitude. The members of
the Supreme Court are named neither by the people nor the le-
gislature, but by the President of the United States, acting with
the advice of the Senate. In order to render them independent
of the other authorities, their office was made inalienable ; and
it was determined that their salary, when once fixed, should not
be altered by the legislature.* It was easy to proclaim the
principle of a Federal judicary, but difficulties multiplied when
the extent of its jurisdiction was to be determined.

MEANS OF DSTERMINING THE JURISDICTION OF THE FEDERAL

COURTS.

4r A

Difficulty of (letcrmiiiing tlio jurisdiction of i^eparate courts of justice in confed-
eration. — Tlio Courts of 'lu! I'nion obtained the rijriit of fixing their own juris-
diction. — In wiiat respect tiiln rule attacks the portion of sovrreijrnty reserved to
tho several States. — The .-•overeigntj' of these States restricted by the laws, and
the interpretation of the 1 iws. — Consequently, the danger of tiie several States
is more apparent than real.

As the Constitution of the United States recognised two distinct
powers, in presence of each other, represented in a judicial point

* The Union was divided into districts, in each of which a rerident Federal
judge was appointed, and the court in which he presided was termed a ' District
Court.' Each of the Judijes of the Supremo Court annually visits a certain por-
tion of tiie Itepuhlic, in order to try the most iuiportimt causes upon the ppot :
the court presided over by this magistrate is styled a ' Circuit Coiirt.' Lastly, all
the most serious cases of litifjation are brought before the Supreme Court, which
holds a solemn session once a year, at whicb all tlie judges ot' the Ciiciiif court.''
must attend. The Juiy was introduced nito the Federal courts in the same Hian-
ntr, and in the i-ame cases as into the Courts of the Statics.

It will he ob.served that no analogy exists between the Supreme Court of the
United States and the Frencli Cour de Cas.sation, smce llio latter only hears ap-
peals. Till! Supreme Conit decides upon the evidence nf the fict, as well as
upon the law of the case, v. irjreas the Cour de Cassation docs not pronounce a
decision of its own, but refers the cause to the urbitratu>u of another tribunal. —
See the law of the 21th September, 1789, Ltuvs of the United States, by Story,
vol. i. p. 53.

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123

of view by two distinct classes of courts of justice, the utmost
care which could be taken in defining their separate jurisdic-
tions would have been insufficient to prevent frequent collisions
between those tribunals. The question then arose, to whom the
right of deciding the competency of each court was to be re-
ferred.

In nations which constitute a single body politic, when a
question is debated between two courts relating to their mutual
jurisdiction, a third tribunal is generally within reach to decide
the difference ; and this is effected without difficulty, because in
these nations the questions of judicial coir.pctency have no con-
nexion with the privileges of the national supremacy. But it
was impossible to create an arbiter between a superior court of
the Union and the superior court of a separate State which would
not belong to one of these two classes. It was therefore neces-
sary to allow one of these courts to judge its own cause, and to
take or to retain cognizance of the point which was contested.
To grant tbis privilege to the different courts of the States, would
ha^e been to destroy the sovereignty of the Union do factor, after
having established it dejurc; for the interpretation of the Con-
stitution would soon have restored that portion of independence
to the States of which the terms of that act depri^ ed them.
The object of the creation of a Federal tribunal was to prevent
the courts of the States from deciding questions affecting the na-
tional interests in their own department, and so to form a uniform
body of jurisprudence for the intcr]n*ctation of the laws of the
Union. This end would not have been accomplished if the
courts of the several States had been com|)etent to decide upon
cases in their separate cajiacities, from which they were obliged
to abstain as Federal tribunals. The Supreme Court of the
United States was therefore invested ^^ idi the right of determin-
ing all questions of jurisdiction.*

This w as a severe blow uj)on the independence of the States,
which was thus restricted not only by the laws, but by the inter-
pretation of them ; by one limit which was known, and by another
which was dubious ; by a rule which was certain, and a rule
which was arbitrary. It is true the Constitution had laid down

* 111 order to diminish the number of those suits, it was decided that in a great
many Federal causes the courts of the Slates should be empowered to decide
conjointly with those of the Union, the losing party having then a right of appeal
to the Supreme Court of the United States. The Supreme Court of Virginia
contested the right of the Supreme Court of the United States to Judge an ap-
peal from its decisions, but unsuccessfully. Sec Kent's Commentaries, vol. i. p.
^00, I). XiO, it nff/.; Story's Commentaries, p. (J46; and Tl
United Slates, voh i. p. 35.

The Organic Law of tlio

123

the precise limits of the Federal supremacy, but whenever this
supremacy is contested by one of the States, a Federal tribunal
decides the question. Nevertheless, the dangers with which
the independence of the States was threatened by this mode of
proceeding are less serious than they appeared to be. We shall
see hereafter that in America the real strengtli of the country is
vested in the provincial lUr more than in the Federal Govern-
ment. The Federal judges are conscious of the relative weak-
ness of the power in whose name they act, and they are more
inclined to abandon a right of jurisdiction in cases where it is
justly their own, tlian to assert a privilege to which they have
no leual claim.

DIFFERENT CASES OF JURISDICTION.

The matter and the party are the first conditions of the Federal jurisdiction. —
Suits ill which ambassadors are engaged. — Suits of tlie Union. — Of a separate
State. — By vviiom tried. — Causes resulting from the laws of the Union. — Why
judged by the Federal tribunals. — Causes relating to tlie non-performance of
contracts tried by the Federal courts. — Consequences of this arrangement.

After having appoii.:od tlie means of fixing the competency of
the Federal courts, the legislators of the Union defined the cases
which should coine within their jurisdiction. It was established,
on the one hand, that certain parties must always be brought
before tlu; Federal courts, without any regard to the special na-
ture of the cause ; and, on the other, tliat certain causes must
always be brought before the same courts, without any regard to
the quality of the parties in the suit. These distinctions were
therefore admitted to be the bases of the Federal jurisdiction.

Ambassadors are the representatives of nations in a state of
amity with theJUnion, and whatever concerns these personages
concerns in some degree the whole Union. When an ambassa-
dor is a party in a suit, that suit all'ects tlie welfare of the nation,
and a Federal tribimal is naturally called upon to decide it.

The Union itself may be involved in legal })roceedings, and
in this case it would be alike contrary to the customs of all na-
tions, and to common sense, to appeal to a tribunal representing
any other sovereignty than its own ; the Federal courts, there-
fore, take cognizance of these ali'airs.

When two parties belonging to two dillerent States arc en-

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lijif*''

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124

f^aged in a suit, the case cannot with propriety be brought be-
fore a court of eitlicr State. TJie surest expedient is to select a
tribunal like that of the Union, which can excite the suspicions
of neither party, and which oilers the most natural as welljas the
most ccrtnin remedy.

When the two parties are not private individuals, but States,
an important political consideration is added to the same motive
of equity. The quality of the parties, in this case, gives a na-
tional importance to all their disputes ; and the most trifling
litigation of the States may be said to involve the peace of the
whole Union.*

The nature of the cause frequently prescribes the rule of com-
petency. Thus all the questions which concern maritime com-
merce evidently fall mider the cogni/ance of the Federal tribu-
nals.t Almost all these ({iiestions are coimected witii the inter*
prctation of the law of nations ; and in this respect they essen-
tially interest the Union in relation to foreign powers. More-
over, as the sea is not included within the limits of any peculiar
jurisdiction, the national courts can only hear causes which
originate in maritime allhirs.

The Constitution comprises under one head almost all the
cases which by their very nature come within the limits of the
Federal courts. The rule which it laVs down is simple, but
pregnant with an entire system of ideas, and with a vast multi-
tude of facts. It declares that the judicial power of the Supreme
Court shall extend to all cases in law and eijuity drising under
the laws of the Unit at States.

Two examples will put the intentions of the legislator in the
clearest light :

The Constitution prohibits the States from making laws on
the value and circulation of money : If, notwithstanding this
prohibition, a State passes a law of this kind, with which the in-
terested parties refuse to comply

•ause

contn

|) I

* The Constitution also pays tliiit tlip Fcdoial cnnrts shall decide " controVvT-
sies betwepiia .State and tlio ciiizt'iis of anollirr State." And hero a inostinipor-
tant question of a constitutional natitro arose, which was whether the jurisdiction
given hy tlie Constitution in cases in which a Slate is a party, extenried to suits
brought iisrriinst. n State as well as liy it, or was exclusively confined to the latter.
The question was most elaborately considered in the case of Chisholmc v. Gcorffia,
and was decided by the majority of the Supreme Court in the alfirmativc. The
decision created penoral alarm among the States, and an amendment was proposed
and ratified by which the power was entirely taken away so far as it regards suits
brouglit airainst a State, See Story's Commentaries, p, C24, or iu the lar^-e edi-
tion 6 1677.

t As, for inatancc, all cases of piracy.

' W

125

stitution/the case must come before a Federal Court, because it
arises under the laws of the United States. Ac:ain, it' difficulties
arise in the levvinj^ of import duties which have been voted by
Congress, the Federal Court must decide the case, because it
arises under the interpretation of a law of the United States.

This rule is in perfect accordance with the fundamental prin-
ciples of the Federal Constitution. The Union, as it was estab-
lished in 1789, possesses, it is true, a limited supremacy; but it
was intended that within its limits it should form one and the
same people.* Within those limits the Union is sovereign.
When this point is estal)lished and admitted, the inference is
easy ; for if it be acknowledged that the United States constitute
one and the same people witiiin the bouiuls prescril)ed by their
Constitution, it is impossible to refiise them the rights which be-
long to other nations. l?ut it has been allowed, from the origin
of society, that every nation has the right of deciding by its own
courts those qr.(^s(ions wiiieh concern the execution of' its own
laws. To this it is answered, that the Union is in so singular a
position, that in relation to some matters it constitutes a people,
and that in relation to all the rest it is a nonentity. But the in-
ference to be drawn is, that in the laws relating to these matters
the Union possesses all the rights of absolute sovereignty . The
difHculty is to know what these matters arc ; and when once it
is resolved, (and we have siiown how it was resolved, in speak-
ing of the means of determining the jurisdiction of the Federal
courts,) no further doubt can arise ; for as soon as it is establish-
ed that a suit is Federal, that is to say, that It belongs to the
share of sovereignty reserved by the Constitution to the Union,
the natural conseciuencc is tliat it should come within the juris-
diction of a Federal court.

Wiienevcr the laws of the United States are attacked, or when-
ever they are resorted to in self-defence, the Federal courts must
be appealed to. Tiuis the jurisdiction of the tribunals of the
Union extends and narrows its limits exactly in the same ratio
as the sovereignty of the Union augments or decreases. We
have shown that the principal aim of the legislators of 1789 was
to divide the sovereign authority into two parts. In the one
they placed the control of all the general interests of the Union,
in the other the control of the special interests of its component

* This principle was in some measure restricted by the introduction of the se-
veral States as independent powers into the Senate, and by allowing tiiem to vote
separately in the House of Representatives when the President is elected by that
body, but these are exceptions, and the contrary principle is the rule.

i. -H*^

126

States. Tlioir rliicf solicitude was to arm the Federal Govern-
ment with sullioient power to enable it to resist, Avithin its sphere,
the eneroachiiicnts of the several States. As lor these commu-
nities, thepriiicij)K' ol'iiulependence within certain limits of their
own was adopted In dieir behalf; and they were concealed Irom
the inspection, and protected from the control, of the central
Government. In spcakinu; of the division of authority, I ob-
served that this latter principle had not always been held sacred,
since the States are j)revented li'om passinu; certain laws, which
apparently belonii; to their own particular sphere of interest.
When a State of the Ujiion passes a law of this khid, the citizens
who arc injured by its execution can appeal to the Federal
courts.

Thus the Jurisdiction of the General courts extends not only
to all the cases which arise under the laws of the Union, but
also to those which arise under laws made by the several States
in opposition to the Constitution. The States are prohibited
from makinj^ cx-posl-J'acio laws in criminal cases ; and auy per-
son condonmed by a irtue of a law of this kind can appeal to the
judicial power of the Union. The States are likewise prohibited
from makinp^ laws which may have a tendency to injpair the
obligations of contracts.* If a citizen thinks that an obligation
of this kind is impaired by a hwv passed in his State, he may re-
fuse to obey it, and may appeal to the Federal courts.t

* It is iicrfectly clo.ir, says Mr. Story, (Commentaries, p. ^03, or in tlic largo
edition ^N Ki7'J), tliat any law wliicii enlarges, abridges, or in any nianiicrcliangcH
tlie intention of tiio [larlii's, rosnlting from tliestipniations in llio contract neces-
sarily impairs it. lie i^ives in the same plane ;i v(.<ry long and careful detinition
of what is nnderstood by a contract in Federal jurisprudence. A grant made hy
the State to a private individual, and accepted hy him, is a contract, and i.'annot be
revoked by any future law. A charter granted by the Stale to a company is a
contract, and eciually binding to the State as to the grantee. The clause of the
Constitution here referred to insures, therefore, the existence of a great part of
acquired ri^-hts, but not of all. Properly may legally be held, though it may not
have passed into the possessors's hands by means of a contract ; and its possession
is an aecpiired right, not guaranteed by the Federal Constilution.

t A remarkable instance of this is given hy Mr. Story (p. .'(1^. or in the large
edition vS 13r-^.) "Dartmouth College in New Hampshire had been founded by
a charter granted to certain individuals before the American Revolution, and its
trustees formed a corporation under this charter. The legislature of New Hamp-
shire had, without the consent of this corporation, passed an act cl-.anging the or-
ganization of the original provincial charter of the college, and transferring all
the rights, privileges, and iV;uichises from the old charier trustees to new trustees
appointed under the act. The conslitutionaiity tif the act was contested, and af-
ter soleuni arguments, it was deliberately held by the Siijireme Court that the
provincial charter \vus a contract witliin the meaning of tiie Constitution (Art. 1.
sect. 10..) and that the amendatory act, was iitterly void, as impairing the obliga-
tion of that charter. The college was deemed, like other colleges of private foniul-
ation, to be a private eleemosynary instituiion, endowed by its charter with u

127

This provision appears to nic to be the most serious attack
npon the independence of the States. The right awarded to
the Federal Government for purposes of obvious national im-
portance are definite and easily comprehensible ; but those with
which this last clause invests it are not either clearly appreciable
or accurately defined. For there are vast numbers of political
laws which influence the existence of obligations of contracts,
which may thus furnish an easy pretext for the aggressions of
the central authority.

■ Ibiiml-

I'ROCEDUliE OF THE FEDERAL COURTS.

Natural weakness of tlio judiciary power in conreclcration.s. — Lcsislators ought
to .strive as nuicii as po.-isiliie to briiiif private indiviilitals, and not Stupes, before
tiie Federal Courts. — How tlio Americans luivo succeeded in tliis. — Direct
prosecution of [irivate individuals in the I'cderal Courts. — Indirect prosecution
of tiic States wiiich violate tlio laws of the Union. — Tlio decrees of the Su-
preme Court . "nervate but do not destroy the provincial laws.

I HAVE shown what the privileges of the Federal Courts are,
and it is no less important to point out the manner in which
they are exercised. The irresistible authority of justice in
countries in which the sovereignty is undivided, is derived from
the fact that the tribunals of those countries represent the en-
tire nation at issue with the individual against whom their de-
cree is directed ; and the idea of power is thus introduced to
corroborate the idea of right. But this is not always the case
in countries in which the sovereignty is divided ; in them the
judicial power is more frequently opposed to a fraction of the
nation than to an isolated individual, and its moral authority
and physical strength are consequently diminished, in Federal
States the power of the judge is naturally decreased, and that
of the justiciable parties is augmented. The aim of the legis-
lator in confederate States ought therefore to be, to render

capacity to take property unconnected with the Government. Its funds were
bestowed upon the faith of the charter, and those funds consisted entirely of pri-
vate donations. It is true that the uses were in some sense pubhc, that is, for the
general benefit, and not for tiie mere benefit of the corporators; but this did not
iiiike the corporation a public corporation. It was a private institution for
{general charity. It was not distinguishable in principle from a private donation,
vested in private ti ustees, for a ])ulilic charily, or for a particular purpose of hone-
iiconcc. x\nd the State itself, il'it had bestowed funds upon ti charily of the eanio
tiuturc, could not resume those iiinds.'

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128

the position of the courts of justice analogous to that which
they occupy in countries where the sovereignty is undivided ;
in other words his efforts ought constantly to tend to maintain
the judicial power of the confederation as the representative of
the nation, and the justiciable party as the representative of an
individual interest.

Every Government, whatever may be its constitution, re-
quires the means of constraining its subjects to discharge their
obligations, and of protecting its privileges from their assaults.
As far as the direct action of the government on the commu-
nity is concerned, the Constitution of the United States con-
trived, by a master-stroke of policy, that the Federal Courts,
acting in the name of the laws, should only take cognizance of
parties in an individual capacity. For, as it had been declared
that the Union consisted of one and the same people within the
limits laid down by the Constitution, the inference was that the
Government created by this Constitution, and acting within
these limits, was invested with all the privileges of a national
Government, one of the principal of which is the right of trans-
mitting its injunctions directly to the private citizen. When,
for instance, the Union votes an impost, it does not apply to
the States for the levying of it, but to every American citizen,
in proportion to his assessment. The Supreme Court, which
is empowered to enforce the execution of this law of the Union,
exerts its influence not upon a refractory State, but upon the
private tax-payer ; and, like the judicial power of other na-
tions, it is opposed to the person of an individual. It is to be
observed that the Union chose its own antagonist ; and as that
antagonist is feeble, he is naturally worsted.

But the difficulty increases when the proceedings are not
brought forward by but against the Union. The Constitution
recognises the legislative power of the States ; and a law so
enacted may impair the privileges of the Union, in which case
a collision is unavoidable between that body and the State
which has passed the law ; and it only remains to select the
least dangerous remedy, which is very clearly deducible from
the general principles I have before established.*

It may be conceived that, in the case under consideration,
the Union might have sued the State before a Federal court,
which would have annulled the act ; and by this means it would
have adopted a natural course of proceeding : but the judicial

* Sec Chapter VI. on Judicial Power in America.

120

power would have been placed in open liostility to the ^Statc,
and it was desirable to avoid tliis predicament as much as pos-
sible. The Americans hold that it is nearly impossible that a
new law shonid not impair the interests of some private indi-
vidual by its provisions : these private interests are assumed by
the American legislators as the ground of attack against sucii
measures as may be prejudicial to the I nion, and it is to these
cases that the protection of the Supreme Court is extended.

Suppose a State vends a certain portion of its territory to a
company, and that a year afterwards it ]>asses a law by which
the territory is otherwise disposed of, and that clause of the
Constitution, which prohibits laws impairing the obligation of
contracts, violated. When the j)urchaser under the second act
appears to take possession, the |)ossessor under the first act
brings his action before the tribunals of the Union, and causes
the title of the claimant to be pronounced null and void.* Thus,
iii point of fact, the judicial jjowcr of the Union is contesting
the claims of the sovereif::nty of a State ; but it only acts in-
ilirectly and upon a special application of detail : it attacks the
law in its consecjuences, not in its principle, and it rather
weakens than destroys it.

The last h3'polhesis that remained was that each State formed
a corporation enjoying a separate existence aiul distinct civil
rights, and that it coidd therefore sue or be sued before a tri-
bunal. Thus a State could bring an action against another
Sf^.t'?. Tn this instance the Union was not called upon to con-
test a provincial law, but to try a suit in which a State was a
party. This suit was perfectly similar to any other cause, ex-
cept that the quality of the parties was dilferent; and here the
danger pointed out at the beginning of this chapter exists with
less chance of l)eing avoided. The inherent disadvantage of
the very essence of Federal constitutions is that they engender
parties in the bosom of the nation which present powerful ob-
stacles to the free course of justice.

* See Kont's Commeutaiies, vol. i. p. 387.

)

i ■ ■ ■

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ISO

HIGH RANK OF THE SUPT.ME COURTS AMONGST THE GREAT

POWERS OF STATE.

No nation ever constituted so preat a judicial power r.s the Americans. — Extent
of itri preingative. — Its political iuHneuce. — 'i'lie tiaufiuiliity and the very ex-
istence of tiie Union depend on the discretion of the seven Federal Judges.

When we have
tioii of the Snn

successfully examined in detail the organiza-
rcme Court, and the entire p.orogatives which

it exercises, we shall readily admit that a n)ore imposing judi-
cial power was never constituted by any people. The Supreme
Cou/t is pla'-fci .-^t the head of all known tribunals, both hy the
nature of its rights and the class of justiciable parties which it
controls.

In all the civilized countries of Europe, the Ciovernment has
always shown the greatest repugnance to allow the cases to
which it was itself a partv to be decided by the ordinary course
of justice. This repui: nance naturally attains its utmost height
in an absolute Ccvcrnincnt ; and, on the other hand, the privi-
leges of the courts of justice are extended with the increasing
liberties of the j)cople : but no Em-opoan nation has at |iresent
held that all jialicial controversies, without regard to their ori-
gin, can be decided by thejiuigeo of common law.

In America this theory has been actually ])ut in practice ;
and the k>npreme Court of the Tnited rotates is the sole tribunal
of the nation. Its jjowc/ extends to all the cases ajising under
laws and treaties made by the executive ;ind legislative authori-
ties, to all cases of tulmirality and maritime jurisdiction, and in
general to all ))oints which affect the law of nations. It may
ew !i be aflirmetl that, although its constitution is essentially
judicial, its prerogatives are almost entirely ])o]itical. Its sole
ol)ject is to enforce the execution of the laws of the L'nion ;
and the l/nion only regulates the relations of the (joverinnent
with the citi/.ens, and of the nation with Foreign Powers : the
relations of citizens amongst themselves are almost exclusively
regti'ated by the sovereiiiiity of the States.

A sec(nid and still greater cause of the preponderance of
this court may be adduced. In the nations of liUrope the
courts of justice are only called upon to try the controversies
of private individuals ; but the Suprene Court of the United

151

States summons sovereign powers to its bar. When the clerk
of the court advances on the steps of the tribunal, and simply
says, " The State of New York versus the State of Ohio," it is
impossible not to feel that the court which he addresses is no
ordinar}^ body ; and when it is recollected tliat one of these
parties represents one million, and the other two millions of
men, one is struck by the responsibility of the seven judges
whose decision is about to satisfy or to disappoint so large a
number of thrir fellovr'-citizens.

The peace, the prosperity, and the very existence of the
I nion are vested in the hands of the seven judges. Without
their active co-operation the Constitution would be a dead let-
ter : the Executive aj)pcals to them for assistance ngainst the
encroachments of the legislative powers; the Legislature de-
mands their ))rutccti()n from the designs of the E\ecutive ; they
defend the I'nion fi"om the disobedience of the States, the Slates
from the exaggerated claims of the Union, the public interest
against the interests of private citi/.ens, and the conservative
spirit of order against t!ie fleeting imiovations of democracy.
Their power is enormous, but it is clothetl in the authority of
public opinion. Tiiey are the all-powerful guardians of a
])oople which respects law ; but they would be impotent against
po|)ular neglect or jiopular contempt. The force of public
opinion is the most intractable of agents, because its exact
limits cannot be defined ; and it is not less dangerous to exceed,
than to remain below the boundary prescribed.

The Federal jiulges must not oidy be good citizens, and ' ^en
])ossessed of that information aiid integrity which are indis; .n-
sable to magistrates, but they nni:t be statesmen, — politicians,
not unread in the signs of the times, not afraid to brave the
obstacles which can be suljdued, nor slow to turn aside such
encroaching elements as may threaten the supremacy of the
L'nion and the obedience which is due to the laws.

The President, who exercises a limited jniwer, may err with-
out causing great: mischief in the State. Congress may decide
amiss without destroyii.g the Tnion, because the electoral body
in which Congress originates may cause it to retract its de-
cision by changing its members. But if the Supreme Court is
ever composed of im))rudent men or ba ' citizens, the Union
may be plunged into anarchy or civil war.

The real cause of this danger, however, docs not lie in the
constiti'tion of the tribunal, but in the very nature of Federal
Governments. We have observed that in confederate peoples

t !

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i^^

132

'j".

it is especially necessary to consolidate the judicial authority,
because in no otiicr nations do those independent persons who
are able to cope with the social body, exist in greater power
or in u better condilioti to resist the physical strength of the
Govennnent. But tlie more a power requires to be strengthen-
ed, the more extensive and independent it must be made ; and
the dangers which its abuse .nay create are heightened by its
indejH-ndence and its strength. The source of tlie evil is not,
therefore, in the constitution of the power, but in the constitu-
tion of those States which render its existence necessary.

IN WHAT RESPECTS THE FEDERAL CONSTITUTION IS SUPERIOR
TO THAT OF THE STATES.

Ill wlint rospncls the Constitution of tlie Union c:in be compjirod to tliat of the
St^itos. — yiiix'riority of tli(! Constitution of tlie I'nioii attiiliiUable to the wis-
dom iil' th<; I'eclcial le;;islat(trs. — Legislature of tlio I'. -ion Ujss depeiitient on
tlie people than that of the JSlates. — liNecntive jiower more imlopciKlent in its
sphere — Judicial powei less subjected to the inclinations of the majority. —
I'raftical (^onseipieiioes of these facts. — The dangers inherent in a democratic
government eluded by the Federal legislators, and iucieu<ed by the legislators
of the £5 lutes.

The Federal Constitution didbrs essentially from that of the
States in the ends w hlch it is intended to accomplish ; but in
the means by which these ends are promoted, a greater analogy
exists between them. The objects of the Governments are dif-
ferent, but their I'orms are the same ; and in this special point
of view there is some advantage in comparing them togetlier.

I am of opinion that the Federal Constitution is superior to
all the Constitutions of the States, for several reasons.

The present Constitution of the Union was formed at a later
period than those of the majority of the States, and it may have
derived some ameliorations from past experience. But we shall
be led to acknowledge lliat this is only a secondary cause of Its
superiority, when we recollect that eleven new States have
been added to the American Confederation since the promul-
gation of the Federal Constitution, and that these new repidilics
have alwavs rather exaugerated than avoided the delects which
existed in th.e former Constitutions.

The chief cause of the superiority of the Federal Constitu-

133

later
liave
simll
ot" its
liave

Istitu-

tion lay in the character of the legislators who composed It.
At the time when it was formed the dangers of the Confedera-
tion were imminent, and its niln seemed inevitable. In this
extremity tjje people chose the men wlio most deserved the es-
teem, ratiier than those who had gained the affections, of the
country. I have already observed that, distingnished as almost
all the legislators of the Union were for their intelligence, they
were still more so for their patriotism. 'I noy had all been
nurtured at a time wIk:i the spirit of liberty was braced by a
continual struggle against a powerful and predominant authority.
When the contest was terminated, whilst the excited ])assions
of the j)opulacc persisted in warring with dangers w hich had
ceased to threaten them, these men stopped short in their ca-
reer; they cast a calmer and more penetrating look upon the
country which was now their own ; they perceived that the war
of independence was defmitively ended, and that the only dan-
gers which America had to fear were those which might result
from the abuse of the I'reedom she had won. They had the
cour'^ge to say what they believed to be true, because they were
anim.aed by a warm and sincere love of liberty ; and they ven-
tured to propose restrictions, because they were resolutely op-
posed to destruction.^^

At tliis lime Aloxaiiiier Iliuiiiltoii, wlin was one of tlio principal founders of
tlie ('onslitiUioii, veulurecl to express the Ibllowiug seutimenU in tlie Federalistj
No. 71 :

" Tiiore are some, wlio would be inclined to rejrard tlie servile plianc}' of the
Executive, to a pr(!vailluff current, eiliier in the connnnnity or in the legislature,
as its besi recoinuiendaliou. IJut sncii men eiitertaiu \ery crude notions, as well
of the purposes lor wliicii government was inslituted, as of liu' true means hy
vvliicli ihe public liappiness may lie promoted. Tlie repulilican princijile do-
nianils tjiat tlio deliberative sense of tlie community siiould govern liie conduct,
of those to wliom tiiey entrust the man.igemenl ol" tiieir alfairs ; but it does not
reijiiire an uiupialilied eoiiijilaisancc; to every sudden brcu'Zi! of ])assi()ii, or to
every transient iiiipnlse which the people may receive from the arts of men whollat-
tertheir prejudices to betray their interests. It is a pisi observalioulhat the pt'oplc
eomoiily iiitrnil{\w piililic iroml. This ol'ieii applies to their xcry errors. Uiit their
good sense woiihl despise the adulator who shiuihl pretend that they would always
reason ri'jht about the /;(('// h.s' of promoting it. 'I'iiey know from experitnice that
they sometimes err ; and the wonder is that they so seldom err as they do, beset,
as they continually ere, hy the wiles of [),irasit(>s and sycophants ; hy the snares of
the ambitions, the avaricious, the desperate; liy the artilices of men who possess
their conlidetice more than they deserve it ; and of tliose wlio ., elc to possess
rather than to deserve it. \\ hen occasions present tlieiiHiives in which the in-
terests of the peo]ile arc at variance with their ii!e!iiiatioii<. it is the duty of per-
sons wiioin they liave appointed to be the guardians of those interests, to with-
stand the temporary delusion, in (U-der to give tiieiii time and opportunity for
more cool and sedate relleclion. Instancies might be cited in which a conduct of
this kind has saved tlie pt>ople from very liital eoiiseipiences oi'lheir own mistakes,
and has procured lasting monuments oi' their gratitude to tiie men wlio had cour-
age and inagnauimity enough to serve at the peril of their displeasure."

I6i;3tj §)ltnN

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134

The greater number of ilie Constitutions of the States assign
one year for the duration of i!ie House of Representatives, and
two years for that of the Senate ; so that members of the legis-
lative body arc constantly and narrowly tied down b}' the
slightest desires of their constituents. The legislators of the
Union were of opinion that this excessive dependence of the
legislature tended to alter the nature of the main consequences
of the representative system, since it vested the source not only
of authority, but of government, in the people. They increas-
ed the length of the time for which the representatives were
returned, in order to give them freer scope lor the exercise of
their own judgment.

The Federal Constitution, as well as the Constitutions of the
dillbrent States, divided the legislative body into two branches.
But in the States these two branches were composed of the
same elements and elected in the same manner. The conse-
quence was that the passions and inclinations of the populace
were as rapidly and as energetically represented in one cham-
ber as in the other, and that laws were made with all the cha-
racteristics of violence and precipitation. By the Federal Con-
stitution the two houses originate in like manner in the choice
of the jieople ; but the conditions of eligibility and the mode
of election were changed., to the end that if, as is the case in
certain nations, one branch of the legislature represents the
same interests as tiie other, it may at least represent a superior
degree of intelligence and discretion. A manure age was made
one of the conditions of the senatorial dignity, and the Upper
House was chosen by an elected assembly of a limited number
of members.

To concentrate the whole social force in the hands of the
legislative body is ihe naturrl tendency of democracies ; for as
this is the power which emanates the most directly from the
people, it is made to j)articipate most fully in th(> j)re|)ondera-
ting authority of tlie multitude, and it is naturally led to mo-
nopolise every species of induence. This concentration is at
once prejudicial to a well conducted administration, and favor-
able to the despotism of the majority. The legislators of the
Stales fre(piently yielded to these democratic propensities, which
were i': variably and courageously resisted by the founders of
the Union.

In the titates the executive power is vested in the hands of a
magistrate, who is apparently placed upon a level with the
legislature, but who is in reality nothing more than the blind

135

lof a

the

Hind

agent and the passive instrument of its decisions. He can de-
rive no influence from the duration of his functions, which ter-
minate with the revolving ycai', or from the exercise of prero-
gatives which can scarcely be said to exist. The legislature
can condemn him to inaction by entrusting the execution of the
laws to special committees of its own members, and can annul
hk temporary dignity by depriving him of his salary. The
Federal Constitution vests all the privileges and all the respon-
sibility of the executive power in a single individual. The du-
ration of the Presidency is fixed at four years ; the salary of
the individual who fills that office cannot be altered during the
term of his functions; he is protected by a body of oliicial de-
pendents, and armed with a suspensive veto. In short, every
effort was made to confer a strong and independent position
upon the executive authority, within the limits which had been
prescribed to it.

In the Constitution of all the States the judicial power is
that which remains the most independent of the legislative
authority : nevertheless, in all the States the legislature has
reserved to itself the right of regulating the emoluments of the
judges, a practice which necessarily subjects these magistrates to
its immediate influence. In some States the judges are only
temporarily appointed, Avhich deprives them of a great portion
of tlioir j)osver and their freedom. Jn others the legislative and
judicial powers are entirely confounded : thus the Senate of
New York, tor instance, constitutes in certain cases the supe-
rior court of the State. The Federal Constitution, on the
other hand, carefully separates the judicial authority from all
external iiilhiences : and it provides for the independence of
the judges, by declaring that their salary shall not be altered,
and that their functions shall be inalienable.

The practical conse(juences of these dillbrent systems may
easily be perceived. An attentive observer will soon remark
that the business of the Union is incomparably better conducted
than that of any individual State. The conduct of the Fede-
ral Clovcrnment is more fair and more temperate than that of
the States ; its designs are more fraught with wisdom, its pro-
jects arc more durable and more skillfully combined, its meas^
ures are put into execution with more vigor and consistency.
I recapitulate the substance of this chapter in a few words:
The existence of democracies is threatened by two dangers,
\h. the complete subjection of the legislative body to the
caprices of the electoral body ; and the concentration of all the
powers of the Government in the legislative authority.

i«ni'ii

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136

The growtli of tliese evils has been encouraged by the po-
licy ot* ihe legislators of the States ; but it has been resisted by
the legislators of the Union by every means which lay within
their control.

CHARACTERISTICS 'WHICH DISTINGUISH THE FEDERAL CONSTI-
TUTION or THE UNITED STATES OF AIMERICA FROM ALL
OTHER FEDERAL CONSTITUTIONS.

Aniericm Fiiinn appears to resemble all other confotlerutions. — Nevertheless its
elVeC re tlill'ereiil.— Heason of this. — Distiiu-tions between the Union and all
othei . ifedoraiions. — The American Government not a Federal, but an im-
perl. . national, (jovernment.

The United States of America do not afford cither the first or
the only instance of c(nilt;derate Stati'S, several of which have
existed in niodcrn Europe, without adverting to those of anti-
quity. Switzerland, the Germanic Empire, and the Republic
of the United Provinces either have been or still are confede-
rations. In studying the Constitutions of these difl'erent coun-
tries, the politician is surprised to observe that the powers with
which they invested the Federal Government are nearly identi-
cal with tiie privileges awarded hy the American Constitution
to the (Jovernment of the United States, lliey confer upon
the central power the saine rights of making peace and war, of
raising money and troops, anil of providing for the general
exigencies and the common interests of the nation. Neverthe-
less the Federal Government of these difierent peoples has al-
ways been as remarkable for its weakness and inefficiency as
that of the Union is for its vigorous and enterprising spirit.
Again, the first American Confederation perished through the
excessive weakness of its Government; and this weak Govern-
ment was, notwithstanding, in possession of rights even more
extensive than those of the Federal Government of the present
day. lint the more recent Constitution of the United States
contains certain principles which exercise a most important in-
lliience, although they do not at once strike the observer.

This Constitution, which may at first sight be confounded
with the Federal constitutions which preceded it, rests upon a
novel theory, which may be considered as a great invention in
modern political science. In all the confederations which had

137

tion
)on
,of
eral
the-
al-
as
lirit.
1 the
ern-
iiore
;sent

been formed before the American Constitution of 1789, the
allied States agreed to obey the injunctions of a Federal Gov-
ernment: but they reserved to themselves the right of ordain-
ing and enforcing the execution of the laws of the Union. The
American States which combined in 1789 agreed that the Fede-
ral Government should not only dictate the laws, but that it
should execute its own enactments. In both cases the right is
the same, but the exercise of the right is dilfercnt ; and this
alteration produced the most momenlous consoquonces.

In all tlu! confederations which had been formed before the
American Union, the Federal Government demanded its sup-
plies at the hands of the separate Governments ; and if the meas-
ure it prescribed was onerous to any one of those l)odies, means
were found to evade its claims : if the State was poworftd, it
had resource to arms ; if it was weak, it connived at the resist-
ance which the law of the Union, its soverclii,'n, met with, and
resorted to inaction under tiie j)lea of inability. Under these
circumstances one of two <dternatives has invariably occurred :
cidier the most })reponderant of the allied peoples has assum-
ed the privileges of the Federal authority, and ruled all the
other states in its name;* or the Federal Government has
been abandoned by its natural supportfM's, anarchy has arisen
between the confederates, and the Union has lost all power
of action.t

In America the subjects of the Union are not States, but pri-
vate citizens : the national Government levies a tax, not upon
the State of Massachusetts, but upon each inhabitant of Massa-
chusetts. All former confederate govermnents presided over
communities, but that of the Union rules individuals ; Its Ibrce
is not borrowed, but self-derived ; and it is se}-\ed by its own
civil and military odicers, by its own army, and its own courts
of justice. It camiot be doubted that the sj)irit of the nation,
the passions of the nndtitude, and the j)rovincial prejudices of
each State, tend singularly to (liminish the authority of a Federal
authority thus constituted, and to facilitate the means of resistance
to its mandates ; but the comparative weakness of a restricted
sovereignty is an evil inherent in the Federal system. In Ame-

" This was the case in Greece, when Philip undertook to execute the decree
of the Amphictyons; in the Low Countries where the province of Holland al-
ways gave the law ; and in our own time in the Germanic Confederation, in which
Austria and Prussia assume a great degree of intluence over the whole country,
in the name of the 'Diet.

t Such has always been the situation of the Swiss ConfederrLion, which would
have perished ages ago but for the mutual jealousies of its neighbors.

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138

rica, each State has fewer opportunities of resistance, and fewer
temptations to uon-coui})liancc ; nor can such a desifrn be put
in execution (if intlced it be entertained,) without an open vio-
lation of the laws of die Union, a direct interruption of the or-
dinary course of justice, and a bold declaration of revolt ; in a
word, without a decisive step, which nirn hesitate to adopt.

In all former confiHlerations tin; |)rivilej^es of tlu; Union fur-
nished more elements of discord than of power, since they mul-
tiplied the claims of the nation without aujuinenting- the means
of enforcint-; them : and in accordance with this fact it may be
remarked, that the real weakness of Federal Governments has
almost always been in the exact ratio of their nominal power.
Such is not the case in the American Union, in which, as in
ordinary fj^overnments, the PedcMal (jovernment has the means
of enforcinu; all it is empowered to demand.

The human understantliui^ more easily invents new thiuifs
than new words, and we arc thence constrained to em})loy a
nudtitude of hnproper and inade({iuite expressions. When
several nations form a permanent league, and establish a, su-
preme authority, which, althoiii;h it has ]u)t the same iniluence
over the members of the connuunity as a national t;overnment,
acts u])on each of the confederate States in a body, this govern-
ment, which is so essentiallv diirerent, from all others, is denomi-
nated a Federal one. Another form of society is afterwards
discovered, in which several pe()j)l('s are lused into one and die
same nation witli regard to certain common interest.., although
the}^ remain distinct, or at least only confederate, with regard to
all their other concerns. In this case the central power acts di-
rectly upon those whom it governs, whom it rules, and whom it
judges, in the same manner as, but in a mon; limited circle than,
a national government. Here the term of Federal government
is clearly no longer applicable to a state of things which must
be styled an incomplete national government : a form of gov-
ernment has been found out which is neither exactly national
nor federal ; but no further progress has b(H'n made, and the
new word which will one day designate this novel invention
does not yet exist.

The absence of this new species of confederation has been the
cause which has brought all Unions to civil war, to subjection,
or to a stagnant ajiath} ; and the ])eoples which formed these
leagues have been either too didlto discern, or too pusillanimous
to apply, this great remedy. The American Confederation
perished by the same delects.

er;
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139

l-Bnt the confederate States of America had been long accus-
tomed to ioriii a portion of one enipin; before they had won their
independence ; they had not contracted the habit of governing
themselves, and their national prejndices had not taken deep
root in their minds. Sii])erior to the rest of the world in politi-
cal knowledge, and shnring that knowledge equally amongst
themselves, they \\'ere little agitated by the passions which gen-
erally op|)()se the extension of federal authority in a nation, and
those passions were checked by the wisdom of the chief citizens.
TJie Americans applied the remedy with prudent firmness as
soon as they were conscious of the evil ; they amended their
laws, and tliey saved their country.

ADVANTAGES OF THE FEDERAL SYSTEM IN GENERAL, AND
ITS SrECIAL UTILITY IN AMERICA.

Hapiiinnss and fiecdoin of small nations. — Povvor of f^reat nations. — Great em-
pires favorable to the growt'i of civilization. — Strength, often the tirst element
of national prosperity. — Aim of the Federal system to unite the twofold advan-
tages resulting from a small and from a large territory. — Advantages derived
by the United .States from tiiis system. — The law adapts itself to the exigenciea
of the population ; population (loes not eonform to tlie exigencies of the law. —
Activity, amelioration, love and enjoyment of fr(!edi)m in the American com-
munities. — Public spirit of the Union the .abstract of provincial patriotism. —
Princi|)les 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 em-
pire.

In small nations the scrutiny of society penetrates into every
part, and the spirit of improvement enters into the most trilling
details ; as the amhition of the ))eople is necessarily checked by
its weakness, ttll the ellbrts and resotirccs of the citizens are
turned to the internal Ix^nefit of the connniinity, and arc not
likely to evaj)orate in the fleeting breath of glory. The desires
of every individual are limited, because extraordiir.iry faculties
are rarely to be met with. The gifts of an equal fortune render
ihe various conditions of life uniform ; and the manners of the
'inhabitants are orderly and simple. Thus, if we estimate the
gradations of popular morality and enlightenment, we shall gen-
erally iind that in small nations there are more jiersons in easy
circumstances, a more numerous population, and a more tran-
quil state of society than in great empires.

When tyranny is established in the bosom of ii small nation,

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140

it is more galling than elsewhere, because, as it acts vithin a
narrow circle, every point of that circle is subject to its direct
inllucnco. It supplies the place of those great designs which it
cannot entertain, by a violent or an exasperating interference in
a niultitiide of minute details ; and it leaves die political wtuld
to wliicli it projjerly belongs, to medtlJe with the arrangements
of domestic lile. Tastes as well as actions are to be regulated
at its pleasure ; and the families of the citizens as well as die
allairs of the State are to be governed by its decisions. This
invasion of rights occurs, however, but seldom, and freedom is
in truth the natural state of small connnunities. The tempta-
tions which the government oilers to ambition are too weak, and
the resources of private individuals are too slender, for the sove-
reign j)o\vcr easily to fall within the grasp of a single citizen :
and should such an event have occurred, the subjects of the
State can without difliculty overthrow the tyrant luid his oppres-
sion by a shnultancous effort.

Small nations ]\n\e therefore ever been the cradles of political
liberty : anil the fact that many of them have lost their inmmni-
tics by extending their dominion, shows tiuit the freedom they
enjoyed was more a consequence of their inferior size than of
the character of the people.

The history of the world afford- > instance of a great na-
tion retaining the form of a republicaii government for a long
aeries of years,* and this has led to the conclusion that such a
state o( tilings is impracticable. For my own part, I cannot
but censure the imprudence of attempting to limit the possible,
and to judge the iuture, on the [lart of a being who is hourly
deceived by the most palpable realities of life, and who is con-
stantly taken by surprise in the circumstances with which he is
most familiar. But it may be advanced with confidence that
the existence of a great republic will always be exposed to far
greater perils than that of a small one.

All the passions which are most fatal to republican institu-
tions spread with an increasijig territory, \vhilst tiie virtues
which maintain their dignity do not augment in the same pro-
portion. The ambition of the citizens increases with the power
of the state ; the strength of parties, with the importance of the
ends they have in view ; but that devotion to the common weal,
which is the surest check on destructive passions, is not strong-
er in a large than in a small republic. It might, indeed, be

* I do not speak of a confederation of small republics but of a great consolida-
ted republic.

Ci
ti

141

istitu-
irtues

pro-

|)Ower

)f the

|\veal,

[ong-

d, bo

leolida-

proved without difficulty that it is less powerful and less sincere.
The arrogance of wealth and the dejection of wretchedness,
capital cities of unwonted extent, a lax morality, a vulgar ego-
tism, and a great confusion of interests, are the dangers whirh
almost invariably arise from the magnitude of Stales, lint
several of these evils are scarcely prejiuliciul to a monarchy,
and some of them contribute to maintain its existence. In mo-
narchical Slates the strengtli of iJie (lovcrinnent is its own ; it
may use, but it does not de|)end on the community: and the
authority of the prince is proportioned to the prosperity of the
nation : but the only security which a republican CJovernment
possesses against these evils lies in the support of llie majority.
This support is not, however, jiroportionably greater in a large
republic than it is in a small one; and thus whilst the means
of attack perpetually increase both in number and in iuHuence,
the power of resistance remains the same : or it may rather be
said to diminish, since the propeusiiies and nilerests of the peo-
ple are diversified by the increase o( tlje })opulation, and the
difficulty of forming a compact majority is constantly augment-
ed. It has been observed, moreover, that the intensity of human
pt\ssions is heightened, not only by the importance of the end
which they propose to attain, but by the multitude of individ-
uals who are animated i)y 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 li • would
have felt in solitude. ii\ great republics the impetus of poli-
tical passion is irresistible, not only because it aims at gignntic
purposes, but because it is felt and shared by millions of men
at the same time.

It may therefore be asserted as a general projjosilion, that
nothing is more op])osed to the well-being and the freedom of
man than vast empires. Nevertheless it is imiiortant to ac-
knowledge the peculiar advantages of great States. For the
very reason which renders the desire of power more intense in
these communities than amongst ordinary men, the love of glory
is also more prominent in the hearts ol* a class of citizens, who
regard the applause of a great people as a reward worthy of
their exertions, and an elevating encouragement to man. If
we would learn whv it is that t!;reat nations contribute more
powerfully to the spread of human improvement than small
States, we shall discover an adequate cause in the rapid and
energetic circulation of ideas, and in those great cities which
are the intellectual centres where all the rays of human genius

■ }*«'" '1

m «r;»^»»'«

%::zxy

:fin:

H. M.

'tfl

m rk

ir .

4.ii^<-

142

are reflected and combined. To this it may be added that most
"important discoveries d«'niand a display of national power which
the (loverniiient ol" a small State is nnalde to make ; in fj^reat
nations the d'overnment entertains a greater nnmber of genera]
notions, and is more completely disengaged Irom the rontinc of
precedent and the egotism of local prejudice ; its designs are
conceived with norc talent, and execnted with more boldness.

in time of peace the well-being of small nations is undoubt-
edly more general and more complete ; but they are apt to suf-
fer more acutely from the calamities of war than those great
empires whose distant frontiers may for ages avert the presence
of the danger from the mass of the people, which is more fre-
quently alllicted than ruined by the rvil.

But in this matter, as in many others, the argument derived
from the necessity of the case predominates over all others. If
none but small nations, existed, I do not doubt that niaidvind
would be more happy and more free ; but the existence of great
nations is unavoidable.

This consideration introduces the element of physical strength
as a condition of national jirospcrity.

It profits a people but little to be afiluent and free, if it is
perpetually exposed to be pillaged or sul)jugated ; the number
of its manufactures and the extent of its commerce are of small
advantage, if another nation has the empire of the seas and
gives the Ijiw in all the niarkcls of the globe. Small nations
are often imjioverished, not because they are small, but because
they are weak ; and great empires prosper less because they are
great than because they are strong. IMiysical strength is there-
fore 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 uni-
ted to large empires in the end, either by force or by their own
consent : yet I am unacquainted with a more deplorable spec-
tacle than that of a people unable either to defend or to main-
tain its independence.

The Feilcrnl system Avas created with the intention of com-
bining the diiiereiit ad\ antages which result from the greater
and the lesser extent of nations; and a single glance over the
United States of America sufiices to discover the advantages
which they have derived fi'Oin its adoption.

In ij:reat centralized nations the leuislator is obliy-ed to im-
part a character of uniformity to the laws, w hicli does not always
suit the diversity of customs and of districts ; as he takes no cog-

143

ni/nnco ofspori;!) ras(>s, lio rnii only prorrod upon ironrrril prin-
ciples; ;in(l the population i-; oldiu'cd lo conloi'm to tin* cxiirt'ii-
v'u's of tin? lom'islntion, since tlio li'^ishtion rannot adapt itscll' to
the cxi^rncii's and nistonis o(' the |)opnlation ; wliicli is tlie I'anso
ot' t-ndlcss ti'onhio and nii^crv. Tliis disiidviinlauc docs not
exist in cond'dcrations ; Coniifcss rcyulntcs tlic principal meas-
ures of the national (jovernnient, and a'l the details of the ad-
ministration are reserved to the provincial leuishtin'cs. It is
impossible to imagine how much this (Km ision orso\('reiu:ntV('oii-
irihntes to the well-hcini;- of each of the St it(>s which compose
th(! Union. In these small communities which are nexcr agi-
tated h\ the desire of au'i::randi7-emcnt or the cares of sell-defence,
all public authority and private <'neriiy is employed in internal
anudioration. The central (lovernment of ench Stale, which is
in iimnj'diate juxtaposition to the citi/,eiis, is daily appri^ed of
the wants which arise in society ; and new projects are ])ro[)ose(l
every year, which are discussed either at town-meetinus or hy
the letiisliiture of the State, and which are transmitted by the
press to stimulate the 7.eal and to excite the interest of the
citizens. This spirit of amelioration is constantly ali\'e in the
American repid)lics, \\ ithont compromisiii'j,' their tranquillity ;
the ambition of power yields to the less relined and less danii^er-
ous love of comfort. \t is j;-enerally believed in America that
the existence and the pcrnianoice of the n'publican form of liov-
ernment in the New World de))en<l upon the twistence and the
permanence of the Federal system; and it is not imusual to at-
tribute a large share of tli(> misfortunes which have befallen the
New Slates of South Ain(M'ica to the injudicious erection of <i,reat
republics, instead ot" a divided and confederate soverei^ntx .

It is incontestably true that the love aiul the hahits of repub-
lican fi^ovennnent in the United States were eiiuendered in the
townships and in the provincial assemblies. In a small State,
like that of (Connecticut for instan<-e, wh(>re cuttinri a canal or
layin;;' down a road is a momentous political 'piestion, where
the State has no army to pay and no wars to carry on, and where
much wealth and nnu h honor cannot be bestowed upon the
chief citizens, no form of li'ovcrnnient can be more natural or
more appropriate than that of a republic. 15ut it is this same
repid)lican s[)irit, it is these mamu'rs and customs of a (ree peo-
ple, which are eni^enderetl and nurtiu'ed in the dilferent States, to
be afterwards aj)plied to the coimtry at large. Tiie })iddic spirit
of the Union is, so to speak, nothins;' more than an abstract of
the patriotic 7,eal of the provinces. Every citizen of the United

;. I

411

H'
M.

lit'

I
1

; t

144

States transfuses his attacliment to his little republic into the com-
mon store of American patriotism. In defending the Union, he
defends tlie increasing prosperity of his own district, the right
of conducting its affairs, and the hope of causing measures of
improvement to be adopted which may be favorable to his own
interests ; and these are hiotives which are wont to stir men more
readily than the general interests of the country and the glory
of the nation.

On the other hand, if the temper and the manners of the in-
habitants especially fitted tliein to promote the welfare of a great
republic, the Federal system smoothed the obstacles which they
might have encountered. The confederation of all the Ameri-
can States presents none of the ordinary disadvantages resulting
from great agglomerations of men. The Union is a grctt repub-
lic in extent, but tlie paucity of objects jbr which its Government
pro> ides assimilates it to a small State. Its acts are important,
but tlh'V are rare. As the sovenMgnty of the Union is limited
and incomplete, its exercise is not incompatible with li))erty ; for
it does not excite those insatiable desires of fune and power
which have proved so fatal to great rej)ublics. As there is no
common centre to the country, vast capital cities, colossal
wevdth, abject poverty, and sudd' ii revohitions are alike un-
known ; and ])olitical j)assion, instead of spreading over the land
like a torrent of desolation, spends its strengtii against the inter-
ests and :lie indi\i(hial j)assi()iis of every State.

.\('^•(M•th(■l('ss, all coininodifies and ideas circulate throughout
the I'nion as (ri'<'ly as in a coinitry inlialiited by one people.
Nothinu checks the >|)irit of enterprise. The Government a\ aUs
itself of the assistance of all who have talents or knowledcre to

serve it. Within the Irontiers of the L

nion the |)rolbunde,st

peace prevails, its nitliin tlie heart of some yreaf empire ; abroad,
it ranks with the most powerlul nations of the earth: two thou-
sand miles of coast are open to the connnerce of the world ; and
as it possesses the k(y s of the globe, its (lae^ is respected in the
most ren;ofe seas. The Union is as iiiippy and as free as a small
people, and as glorioii* and as strong as a great iiation.

145

WHY THE FEDERAL SYSTEM IS NOT ADAPTED TO ALL PEO-
PLES, AND HOW THE ANGLO-AMERICANS WERE ENABLED
TO ADOPT IT.

cliout
ople.

nfP to
il(l(>St

(»a(l,

thoii-

aiul

II till'

small

Every Federal system contains defects which baffle the efforts of the legislator.—
The Federal system is complex. — It demands a daily exercise of discretion on
the part of the citizens — Practical knowledge of government common amongst
the Americans. — Relative weakness of the Government of the Union, another
defect inherent in the Federal system. — The Americans have diminished with-
out remedying it. — The Sovereignty of the separate States apparently weaker,
bnt really stronger, than that of the Union. — Why. — Natural causes of union
must exist between confederate peoples beside the laws. — What these causes
are amongst the Anglo-Americans. — Maine and Georgia, separated by a dis-
tance of a thousand miles, more naturally united than Normandy and Britany. —
War, the main peril of confederations. — This j.oved even by the example of
the United States. — The Union has no great w i' , to fear. — \Vhy. — Dangers to
which Europeans would be exposed if they adopted the Federal system of the
Americans.

When a legislator succeeds, after persevering efforts, in ex-
ercisino; an indirect influence upon the destiny of nation?, his
genius is lauded by mankind, whilst in point of fact, the geogra-
phical position of the country which he is unable to change, a
social condition which arose without his co-operation, manners
and opinions which he cannot trace to their source, and an
origin with which he is unacquainted, exercise so irresistible an
influence over the courses of society, that he is himself borne
away by the current, after an ineffectual resistance. Lihe the
navigator, he may direct the vessel which bears him along, but
he can neither change its structure, nor raise the winds, no • lull
the waters which swell beneath him.

I have shown ti..^ advantages which the Americans derive
from their Federal system ; it remains for mo to point out the
circumstances which render that system practicable, as its bene-
fits are not to be enjoyed by all nations. The incidental defects
of the Federal system which originate in the laws may be cor-
rected by the skill of the legislator, but there are further evils
inherent in the system which cannot be counteracted by the
peoples which adopt it. These nations must then Tore find
the strength necessary to support the natural imper ijctions of
their Government.

The most prominent evil of all Federal systems is the very
complex nature of the means they employ. Two so> ereignties
19

^""1

.I**"*"

146

are nccessiirily in ])respiicc of each oilier. Tlic lefz;Islator may
simplify and eqnali/e the action of tliose two sovereif^cntics, hy
limitint^ each of tliem to a sphere of authority accnrately defined ;
but he cannot combine them into one, or j)revent them from
comini? into collision at certain ])oints. The Federal systeni
therefore rests upon a theory uiiich is necessarily comjdicated,
and wiiich demands the daily exercise of a considerable share of
discretion on the part of those it lioverns.

A proposition must be j)lain to be adopted by the understand-
ini? of a people. A false notion which is clear and precise will
always meet with a irreater numl'cr of adherents in the world
than a true principle whicii is obscure or involved. Hence it
arises that j)arties, which are like snr.dl communities in the heart
of the nati'^n, invariably adopt some princi|)le or some name as
a symbol, whicli very inadequately re])resents the end they haN e
in view and the means wJiich are at their disposal, but without
which they could neither act nor su])sist. The Governments
which are founded ujion a sinule ])rin(i|)le or a siuule feelinjj:
which is easily defiiu'd, are |)erhaps not the best, but they are
unquestionably the stroniiest and the most durable in the v.orld.

In examining' the Constitution of the United States, wliich is
the most perfect Federal Constitution, that ever existed, one is
startled, on the other haiul, at the ^ ariety of information and
the excellence of discretion nhich It presupposes in the people
whom it meant to govern. The Govi rnmcnt of the T iiiou de-
pends entirely upon legal fictions ; the Union is an ideal nation
which oidy exists in the miiul, and whose limits and extent can
only be discerned by the uuderstamling.

When once the general theory is comj)rehended, mnnerous
difficulties remain to be solved in its application; for the sove-
reir,nty of the Union is so involved in that of the States, that it
is impossible to distinguish its boundaries at the first glance.
The whole structure of the Govermnent is artificial and conven-
tional ; and it would be ill adaj)ted to a people w liich has not been
long- accustomed to conduct its own afiairs, or to one in whicli
the science of politics has not descended to the humblest classes
of society- I have never l)een more struck hy the good sense
and the practical judgment of the Americans than in the inge-
nious devices by which they elude the mnnberless diliicidties re-
sulting from their Federal Constitution. 1 scarcely ever nut
with a plain American citi/en who could not distinginsh, with
surprising facility, the obligations created by the laws of Congress
from those created by the laws of his own State ; and who,

147

after hnvinc^ (lUcrlinlnatod bctvvoon tlio matters wlilcli come under
the coo;ni7,ance of the Union, and those which the local legisla-
ture is competent to reu;nlate, could not point out the exact limit
of the several jurisdictions of the Federal Courts and the tri-
bunals of the State.

The Constitution of the United States is like those exquisite
productions of human industry which (>nsure wealth and renown
to their inventors, hut whicii are j^rofitless in any other hands.
This truth is exemplilied by die condition of Mexico at the
present time. Tlio AFexicans were desirous of establishing' a
Federal system, and they took the Federal Constitution of their
neigh])ors the Anglo-Americans as tlieir model, anfl copied it
with consideral)le accuracy.* But altliough they had borrowed
the letter of the law, tliey were unable to create or to introduce
tiie spirit and the sense which give it life. They were involved
in ceaseless embarrassments between the mechanism of their
double Ciovernment ; the sovereigntx' of tlie States and that of
the U^nion p( rjietualU exceeded their resj)ective privileges, and
entered into collision ; and to the present day Mexico is alter-
nately the \ ictim ol' anarchy and the slave of military despotism.

The second and the most fatal of all the defects I have allu-
ded to, and that v. liich I b('l!i'\e to be inherent in the Federal
systen), is the irlati\(> weakness of the (jovernment of the Union.
The princi})!e upon which all confederations rest is that of a divi-
ded sovereignty. The legislator may render this })artition less
percept ii)le, lie may even conceal it for a time from the prblic
o\c, but he cannot prevent it froni existing ; and a divided sc.e-
reignty must always be less })owerful than an entire supremacy.
The reader has sei n in the remarks I have made on the Con-
stitution of tho cJnited States, that the Americans have displayed
singular inu< nuily in combining tlie r(>striction of the power of
the Ihiion uiiliin the narrow limits of a Federal Government,
with the sembk.uu'e, and to a certain extent with the force, of a
national (lovernment. Jiy ll»is means die legislators of the
Union ha\(' ;.iicceeded in dnninishing, though not in counteract-
ing, the nalural danucr of confederati:)ns.

It has been '.('marked that the American Government does not
ajiply itself to the Stat(^s, but that it immediately transmits its
injunctions to the citizens, and compels thein as isolated individ-
uals to comply with its demands. But if the Federal law were to
clash v.i.ii the interests and the prejudices of a State, it might

.«»

If.

.r I

* See the Mexica-i Constitution of 18'i4.

"■■ii

148

be feared that all the citizens of that State would conceive them-
selves to be interested in the cause of a single individual who
should refuse to obey. If all the citizens of the biate were ag-
grieved at the same time and in the same manner by ihe autho-
rity of the Union, the Federal Government would vainly
attempt to subdue them individually ; they would instinctively
unite in the common defence, and they would derive a ready-
prepared organization from the share of sovereignty which the
institution of their Strte allows them to enjoy. Fiction would
give way to reality, and an v)rganized portion of the territory
might then contest the central authority.

The same observation holds good with regard to the Federal
jurisdiction. If the courts of the Union violated an important
law of a State in a private case, the real, if not the apparent
contest would arise between the aggrieved State, represented by
a citizen, and the Union represented by its courts of justice.*

He would have but a partial knowledge of the world who
should imagine that it is possible, by the aid of legal fictions, to
prevent men from finding out and employing those means of
gratifying their passions which have been left open to them ;
and it may be doubted whether the American legislators, when
they rendered a collision between the two sovereignties less
probable, destroyed the causes of such a misfortune. But it may
even be aflirmcd that they were unable to ensure the preponde-
rance of the Federal element in a case of this kind. The Union
is possessed of money and of troops, but the affections and the
prejudices of the people are in the bosom of the States. The
sovereignty of the Union is an abstract being, which is connected
with but lew external objects ; the sovereignty of the States is
hourly perceptible, easily understood, constantly active ; and if
the former is of recent creation, the latter is coeval with the
people itself. The sovereignty of the Union is factitious, that
of the States is natural, and derives its existence from its own
simple influence, like the authority of a parent. The supreme
power of the nation only anects a few of the chief interests of

* For imtance, the Union possesses by the Constitution the right of scllinij
unocupied iiinds for its own profit. Siipposiiij^ tiiat tiie Slato of Ohio shoiilil
claim tlie same right in belialf of certain territories lying within its honuilinits,
upon the plea that the Constitution refers to those lanJs alone which do not be-
long to the jiirisdietion of any particular Statts, and conseipiriit'y shoidd choowi)
to dispose of them itself the litrgation woui.i he carried oa in iho nuitiU'* of tho
purchasers from the State of Ohio, and the purchas"rs lV(nu the I'nion, diuI not in
the names of Ohio and the Union. Rntwh i would become ol ihis le/al fic-
tion if the Federal purchaser was contitmed uv his right bv ilui courts of the Union,
whilst the oMier competitor waa ordered to rutuiu ^tOMt^wion by the tribunals of
the State of Oliio ?

149

who

ms, to
ms of
them ;
when
ps less
it may
)onde-
Union
(I the
The
nected
ates is
nd if
h the
that
own
)reme
sts of

'sollins;

hIwiuIiI
liilcii'irs,
liiot lu-
Irlioosi'

|l hill in
/al tic-
lUiiion,
linula of

society; it represents an immense but remote country, and
claims a feeling of patriotism which is vague and ill defined ;
but the authority of the States controls every individual citizen
at every hour and in all circumstances ; it protects his property,
his freedom and his life ; and when we recollect the traditions,
the customs, the prejudices '>f local and familiar attachment with
which it is connected, we cannot doubt of the superiority of* a
power which is interwoven with every circumstance that renders
the love of one's native country instinctive to the human
heart.

Since legislators are unable to obviate such dangerous colli-
sions as occ ur between the two sovereignties which co-exist in
the Federal system, their first object must be, not only to dis-
suade the confederate States from warfare, but to encourage
such institutions as may promote the maintenance of peace.
Hence it results that the Federal compact cannot be lasting
unless there exists in the communities which are leagued to-
gether, a certain number of inducements to union which render
their common dependence agreeable, and the task of the govern-
ment light ; and that system cannot succeed without the presence
of favorable circumstances added to the influence of good laws.
All the peoples which have ever formed a confederation have
been held together by a certain number of common interests,
which served as the intellectual ties of assooituion.

But the sentiments and the principles of man must be taken
into consideration as Avell as his immediate interest. A certain
uniformity of civilization is n<>t less necessary to the durability
of a confederation, than a uniformity of interests in the States
which compose it. In Switzerland the difference which exists
between the Canton of Vri and the Canton of V and is equal to
that between tlie fifteenth and the ninetvNMitii centuries ; and,
properly speaking, Switzerland has never possessed a Federal
Governmr u The Uni.>n betv^een these two Cantons only sub-
sists upon i\w map ; nuyl their discrepancies w Duld soon be per-
ceived if an atu-nipt were aitulo by a central authority to pre-
scribe the same laws to the whole tirritory.

One of »!ie riicnmstances which most powerfully contribute to
Rttpport (he Federal Government in America, is that the States
hav .K)t oidy similar interests, a common origin, and a common
tongue, but that they are also arrived at the same stage of civili-
zation ; which almost always renders a union feasible. I do
not know of any European nation, how small soever it may be,
which does not present less uniformity in its diffen^nt provinces

■2 A »*""«

Ilk

i^t-l 'J

\ .i^rf'

150

than the Amorican people, which occupies a territory as exten-
sive as one half of Europe. The distance from the State of
Maine to that of Georgia is reckoned at about one thousand
miles ; but the difference between the civilization of Maine and
that of Georgia is slighter than the diflerence between the habits
of Normandy and those of Britany. Maine and Georgia, which
are placed at the opposite extremities of a great en>pire, are con-
sequently in the natural possession of more resjl inducements to
form a confederation than Normandy and Britany, which arc
only separated by a bridge.

The geographical position of the country contributed to in-
crease the facilities which the American legislators derived from
the manners and customs of the inhabitants ; and it is to this
circumstance thai the adoption and the maintenance of the
Federal system is mainly attributable.

The most importanic occurrence which can mark the annals
of a people is the breaking out of a war. In war a people
struggles with the energy of a single man against foreign nations,
in the defence of its very existence. The skill of a Govern-
ment, the good sense of the community, and the natural fond-
ness which men entertain for their country, may suflicetoiu^i)?-
tain peace in the interior of a district, and to favor its m1' ^>i:.J
prosperity : but a nation can only carry on a great war <it tiie
cost of more numerous and more painful sacrifices ; and to sup-
pose that a great number of men will of their own accord com-
ply with these exigencies of the State, is to betray an ignorance
of mankind. All the peoples whicii have been obliged to sus-
tain a long and serious Avarfare have consequently been led to
augment the power of their Government. Those which have
not succeeded in this attempt have been subjugated. A long
war almost always places nations in the Mretched alternative of
being abandoned to ruin by defeat, or to despotism by success.
War therefore renders the symptoms of the weakness of a
government most palpable and most alarming ; and I have
shown that the inherent defect of Federal Governments is tiiat
of being weak.

The Federal system is nf.t only deficient in every kind of
centralized administration, but ihe central govennncnt itseh' is
imperfectly organized, which is invariably an influential cause
of inferiority when the nation is ojjposed to other countries
which are tlieniselves governed by a single authority. In the
Federal Constitution of the United States, by whicii the central
Government possesses more real for<e, this evil is still extremely
sensible. An examj)le will illustrate the case to the reader.

151

The Constitution confers upon Congress the right of " calling
forth militia to execute the laws of the Union, suppress insurrec-
tions, and repel invasions ;" and another article declares that
the President of the United States is the commander-in-chief of
the militia. In the war of 1812 the President ordered the militia
of tlie Northern States to march to the frontiers ; but Connec-
ticut and Massachusetts, whose interests were impaired by the
war, refused to obey the command. They argued that the
Constitution Miorizes the Federal Govenmient to call forth
the militia in cases of insurrection or invasion, but that in the
present instance there was neither invasion nor insurrection.
They added, that the same Constitution which conferred upon
the Union the right of cilling forth the militia, reserved to the
States that of naming the olHcers ; and that consequently (as
they understood the clause) no oflicer of the Union had any
right to conunand the militia, even during war, except the Pre-
sident in person : and in this case they were ordered to join an
army commanded by another individual. These absurd and
pernicious doctrines received the sanction not only of the Gov-
ernors and Ijcgislative bodies, but also of the courts of justice in
both States ; and the Federal Government was constrained to
raise elsewhere the troops which it required.*

The only safeguard \\ hich the American Union, with all the
relati> e perfection of its laws, possesses against the dissolution
which would be produced by a great war, lies in its probable
exemption from that calamity. Plac(;d in the centre of an im-
mense continent, which oilers a boundless field for human in-
dustry, the Union is almost as much insulated from the world as
if its frontiers were girt by the Ocean. Canada contains only
a million of inhabitants, and its population is divided into two
inimical nations. The rigor of the climate limits the exten-
sion of its territory, and shuts up its ports (luring the six months
of ^^ inter. From Canada to the Gulf of Mexico a few savage
tribes are to be met with, which retire, perishing in their retreat,
before six thousand soldiers. To the South, the Union has a

* Kent's Coinineiitaries, vol. i. p. 244, I liave selected an example which re-
lates to a timi; posterior to tlic promulgation of the present Constitution. If I
had ffone back to the days of the Confederation, 1 might have given still more
strikmg instances. The whole nation was at that time in a state of enthnsiastic
excitement; the Revolution was represented by a man who was the idol of the
people ; but at that very period Congress had, to say the truth, no resources at
all at its disposal. Troops and supplies were perpetually wanting. The best
devised proj(;cts failed in the execution, and the Union, which was constantly on
the verge of destruction, was saved by the vvealiuess of its enemies far more thah
by its own strength.

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152

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point of contact with the empire of Mexico ; and it is thence
that serious hostilities may one day be expected to arise. But
for a long while to come the uncivilized state of the Mexican
community, the depravity of its morals, and its extreme poverty,
will prevent that country from ranking high amongst nations.
As for the powers of Europe, they are too distant to be formida-
ble.

The great advantage of the United States does not, then,
consist in a Federal Constitution which allows them to carry on
great wars, but in a geographical position which renders such
enterprises improbable.

No one can be more inclined than I am myself to appreciate
the advantages of the Federal system, which I hold to be one of
the combinations most favorable to the prosperity and freedom
of man. I envy the lot of those nations which have been en-
abled to adopt it ; but I cannot believe that any confederate
peoples could maintain a long or an equal contest with a nation
of similar strength in which the Government should be cen-
tralized. A people which should divide its sovereignty into frac-
tional powers, in the presence of the great military monarchies
of Europe, would in my opinion, by that very act, abdicate its
power, and perhaps its existence and its name. But such is the
admirable position of the New World, that man has no other
enemy than himself ; and that in order to be happy and to be
free, it suffices to seek the gifts of prosperity and the knowledge
of freedom.

153

CHAPTER IX.

I HAVE hitherto examined the institutions of the United
States ; I have passed their legishuion in review, and I have
depicted the present ciiaracteristics of political society in that
country. But a sovereign power exists ahove these institu-
tions and beyond these characteristic features whicli may de-
stroy or modify them at its pleasure ; I mean that of the peo-
ple. It remains to be shown in what manner this power, which
regulates the laws, acts : its propensities and its passions re-
main to be pointed out, as well as the secret springs which re-
turd, accelerate, or direct its irresistible course ; and the effects
of its unbounded authority, with the destiny which is probably
reserved for it.

WHY THE PEOPLE MAY STRICTLY BE SAID TO GOVERN IN THE

UNITED. STATES.

In America the people appoints the legislative and the exe-
cutive power, and furnishes the jurors who punish all offences
against the laws. The American institutions are democratic,
not only in their principle but in all their consequences j and
the people elects its representatives dirccthj, and for the most
part anntialli/, in order to insure their dependence. The peo-
ple is therefore the real directing power ; and although the form
of government is representative, it is evident that the opinions,
the prejudices, the interests, and even the passions of the com-
munity are hindered by no durable obstacles from exercising a
perpetual influence on society. In the United States the ma-
jority governs in the name of the people, as is the case in all
the countries in which the people is supreme. This majority is
principally composed of peaceable citizens, who, either by
inclination or by interest, are sincerely desirous of the welfare
of their country. But they are surrounded by the incessant
agitation of parties, which attempt to gain their co-operation
and to avail themselves of their support.

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154

CHAPTER X.

PARTIES IN THE UNITED STATES.

II I

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Great division to be made between parties. — Parties which are to each other as
rival nations. — Parties properly so called. — DilFerence between great and small
parties. — Epochs which produce them. — Tlieir characteristics. — .America has
had great parties. — Tiiey are e.xlinct. — Federahsts. — Republicans. — Defeat ol'
the Federalists. — Difficulty of creating parties in the United Slates. — What is
done with this intention. — Aristocratic and democraiic character to be met with
in all parties. — Struggle of General Jackson against the Bank.

A GREAT division must be made between parties. Some coun-
tries are so large that the difl'ercnt populations which inhabit
them have contradictory interests, although they are the sub-
jects of the same Goverinnci.t ; and they may thence be in a
perpetual state of opposition. In this case the dinerent frac-
tions of the people may more properly he considered as distinct
nations than as mere parties ; and if a civil v ar breaks out, the
struggle is carried on by rival peoples rather than by factions
in the State.

But when the citizens entertain diflercnt opinions upon sub-
jects which affect the whole country alike, such for instance,
as the principles upon which the government is to be conducted,
then distinctions arise which may correctly be styled parties.
Parlies are a necessary evil in free governments ; but they have
not at all times the same character and the same propensities.

At certain periods a nation may be oppressed by such itisnp-
portable evils as to conceive the design of efl'ccting a tal
change in its political constitution ; at other times the mischief
lies still deeper, and the existence of society itself is endan-
gered. Such are the times of great revolutions and of great
parties. But between these epochs of misery and of confusion
there are periods during which human society seems to rest, and
mankind to make a pause. This pause is, indeed, only appa-
rent ; for time does not stop its course for nations any more
than for men ; they are all advancing towards a goal with w hich
they are unacquainted ; and we only imagine iliem to be sta-
tionary when their progress escapes our observation ; as men
who are going at a foot pace seera to be standing still to those
who run.

155

But however this may he, there are certain epochs at wlilch
the chant:;es that taUc |)lace in the social and political constitu-
tion of nations are so slow and so insensible, that men imagine
their present condition to he a final state ; and the human mind,
helievinc^ itself to he firmly based upon certain foundations,
docs not extend its researches beyond the horizon which it
descries. These arc the times of small parties and of intrigue.
The political parties which I style great are those which cling
to principles more than to consequences ; to general, and not to
especial cases ; to ideas, and not to men. These parties are
usually distinguished by a nobler character, by more generous
passions, more genuine convictions, and a more bold and open
conduct, than the others. In them, private interest, which
always plays the chief part in political passions, is more studi-
ously veiled under the pretext of the public good ; and it may
evtn be sometimes concealed from the eyes of the very person
whom it excites and impels.

Minor parties are, on the other hand, generally deficient in
political faith. As they are not sustained or dignified by a
lofty purpose, they ostensibly display the egotism of their cha-
racter in their actions. They glow with a factitious zeal ; their
language is vehement, but their conduct is timid and irresolute.
The means they employ are as wretched as the end at which
they aim. Hence it arises that when a calm state of things suc-
ceeds a violent revolution, the leaders of society seem suddenly
to (lisni)pcar, and the powers of the human mind to lie concealed.
Socici> ,s convulsed by great parties, by minor ones it is agi-
tated ; it is torn by the former, by the latter it is degraded ;
and if these sometinu's save it by a salutary perturbation, those
invariably disturb it to no '^ood end.

America has already lo.s lie great parties which once divided
the nation ; and if her happ..iessis considerably increased, her
morality l»;is sufi'ered by their extiiwlion. \\ hen the War of
Independence was terminated, and the fofjndations of the new
Government were to be laid down, the nation was divided be-
tween two opinions, — two ■ 'pinions which areasoM as the world,
and which are perpetually to be met with under ill the fi)rms
and all the names which have ever obtained in free conummi-
ties, — the one tending to limit, the other to extend indefinitely,
the power of the [)eople. The conllict of these two opinions
never assumed that degree of violence in America w hich it has
frequently displav t (i elsewhere. Both parties of the Americans
were in fact agived 'tpon the most essential points ; and neither

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of them had to destoy a traditionary constitution, or to over-
throw the structure of society, in order to ensure its own tri-
umph. In neither of them, consequently, were a great num-
ber of private interests affected by success or by defeat ; but
moral principles of a high order, such as the love of equality
and of independence, were concerned in the struggle, and they
sufficed to kindle violent passions.

The party which desired to limit the power of the people,
endeavored to apply its doctrines more especially to the Con-
stitution of the Union, whence it derived its name of Federal.
The other party, which affected to be more exclusively attached
to the cause of liberty, took that of Reimhlican. America is the
land of democracy, and the Federalists were always in a mino-
rity ; but they reckoned on their side almost all the great men
who had been called forth by the War of Independence, and
their moral influence was very considerahle. Their cause, was,
moreover, favored by circumstances. The ruin of the Con-
federation had impressed the people with a dread of anarchy,
and the Federalists did not fail to profit by this transient dispo<.
sition of the multitude. For ten or twelve years they were at
the head of affairs, and they were able to apply some, though
not all, of their principles; for the hostile current was becom-
ing from day to day too violent to be checked or Stemmed. In
1801 the Republicans got possession of the Ciovernment :
Thomas Jefferson was named President ; and he increased the
influence of their party by the weight of his celebrity, the
greatness of his talents, and the immense extent of his popu-
larity.

The means by which the Federalists had maintained their
position were artificial, and their resourc(^s were teiuporarv : It
was by the virtues or the talents of their leaders that they hiid
risen to power. When the republicans attained to that lofty
station, their opponents v ere overwhelmed by utter defeat. An
immense majority declared itself against the retiiing party, aiui
the Federalists Ibuiid themsj'lves in so small a minority, that they
at once despaired of their future success. From that moment
the Republican or Democratic party has proceeded liom con-
quest to conquest, until it has acquired absolute supremacy in
the country. The Federalists, perceiving that they were van-
quished without resource, and isolated in (he midst of the nation,
fell into two divisions, of \\ Inch one joined the victorious Repub-
licans, and the other abandoned its rallying-point and its name.

157

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Many years have already elapsed since they ceased to exist as a
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1 he accession of the Federalists to power was, in my opinion,
one of the most fortunate incidents which accompanied the forma-
tion of the great American Union : they resisted the inevitable
propensities of tlieir age and of the country. But whether their
theories were good or had, they had the defect of being inappli-
cable, as a system, to the society which they professed to govern ;
and diat which occured under the auspices of Jefferson, must
therelbre have taken place sooner or later. But their Govern-
ment gave the new repul)lic time to acquire a certain stability,
and afterwards to support the rapid growth of the very doctrines
which tiiey had combated. A considerable number of their prin-
ciples were in point of lact embodied in the political creed of
their opponents ; and the Federal Constitution, which subsists
at tlie present day, i a lasting monument of their patriotism and
their wisdom.

Great political parties arc not, then, to be met with in the
United States at the present time. Parties, indeed, maj- be
found which threaten tlie future tranquillity of the Union; but
there are none which seem to contest the j)rescnt form of Govern-
ment, or the present course of society. Tlie jiarties by which
the Union is menaced do not rest upon abstract principles, but
upon temporal interests. These interests disseminated in the pro-
vinces of so vast an emjiire, may be said to constitute rival nations
rather than parties. Thus, upon a recent occasion, the North
contended lor the system of commercial prohibition, and the South
took uj) arms in favor of free trade, simply because the North
is a manufacturing, and the South an agricultural, district ; and
that the restrictive systcMii which was profitable to the one, was
prejudicial to the other.

in tiie absence of great jiarties, the United States abound with
lesser controversies ; and ])ublic ()j)iuit)n is divided into a thou-
sand minute shades of did'erence upon questions of very little
moment. The jiains which are taken to create ])arties are in-
conceivable, and at the present day it is no easy task. In the
United States there is no religious animosity, because all reli-
gion is res|)ected, and no sect is ])redoiuinaiit ; there is no
jealousv of rank, because the peoj)le is everything, and none
can contest its authority ; lastly, there is no public misery to
serve as a means of agitation, because the ])hysical position of
the country opens so wide a field to industry, that man is able
to accomplish the most suprising undertakings with his own na-

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tive resources. Nevertheless, ambitions men are interested in
the creation of parties, since it is difficult to eject a person from
authority upon the mere ground that his place is coveted by
others. The skill of the actors in the political world lies there-
fore in the art of creating parties. A political aspirant in the
United States begins by discriminating his own interest, and by
calculating upon those interests which may be collected around,
and amalgamated with it : he then contrives to discover some
doctrine or some principle which may suit the purposes of this
new association, and which he adopts in order to bring forward
his party and to secure its popularity : just as the imprimatur of
a King was in former days incorporated with the volume which
it authorized, but to which it nowise belonged. When these
preliminaries arc terminated, the new party is ushered into the
political world.

All the domestic controversies of the Americans at first ap-
pear to a stranger to b*. so incomprehensible and so puerile,
that he is at a loss whether to pity a people which takes such ar-
rant trifles in good earnest, or to envy that happiness which
enables it to discuss them. But when he comes to study the
secret propensities which govern the factions of America, he
easily perceives that the greater part of them are more or less
connected with one or the other of those two divisions which
have always existed in free communities. The deeper we pene-
trate into the working of these parties, the more do we perceive
that the object of the one is to limit, and that of the other to ex-
tend, the popular authority. I do not assert that the ostensible
end, or even that the secret aim of American parties is to pro-
mote the rule of aristocracy or democracy in the country ; but I
affirm that aristocratic or democratic passions may easily be de-
tected at the bottom of all parties, and that although they escape
a superficial observation, they are the main point and the very
soul of every faction in the United States.

To quote a recent example ; when the President attacked the
Bank, the country was excited, and parties were formed ; the
well-informed classes rallied round the Bank, the common
people round the President. But it must not be imngincd that
the people had formed a rational opinion upon a question which
ofl'ers so many diiiicultics to the most experienced statesmen.
The Bank is a great establishment which enjoys an independent
existence, and the people, accustomed to make and unn)ake
whatsoever it pleases, is startled to meet with this obstacle to its
authority. In the midst of the perpetual fluctuation of societ} ,

159

the conununitv is irritated by so permanent an institution, and
is led to attack it, in order to see whedier it can be shaken and
controlled, like all the other institutions of the country.

REMAINS OF THE ARISTOCRATIC PARTY IN THE UNITED

STATES.

Secret opposition of wealthy individuals to democracy. — Their retirement. —
Their tasto for exchisive pleasures and for luxury at home. — Their simplicity
abroad. — Their atiected condescension towards tho people.

It sometimes happens in a people amongst which various opi-
nions prevail, that the balance of the several parties is lost,
and one of them obtains an irresistible preponderance, over-
powers all obstacles, harrasses its opponents, and appropriates
all the resources of society to its own purposes. The van-
quished citizens despair of success, and they conceal their dis-
satisfaction in silence and in a general apathy. The nation
seems to be governed by a single principle, and the prevailing
party assumes the credit of having restored peace and una-
nimity to the country. But this apparent unanimity is merely
a cloak to alarming dissensions and perpetual opposition.

This is precisely what occurred in America ; when the de-
mocratic party got the upper hand, it took exclusive possession
of the 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 aflluent classes of society are so entirely
removed from the direction of political afl'airs in the United
States, that wealth, far from conferring a right to the exercise
of power, is rather an obstacle than a means of attaining to it.
The wealthy members of the community abandon the lists,
through unwillingness to contend, and frequently to contend in
vain, against the poorest classes of their fellow-citizens. They
concentrate all their enjoyments in the privacy of their homes,
where they occupy a rank which cannot be assumed in public ;
and the}' constitute a private societ}' in the State, which has its
own tastes and its own |)leasures. They submit to this state of
things as an irremediable evil, but they are careful not to show
that they are galled by its continuance ; it is even not uncom-
mon to hear them laud the delights of a republican govern-

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nient, and the advantages of democratic institntions when they
are in public. Next to hating their enemies, men are most in-
clined to flatter them.

Mark, for instance, that opulent citizen, who is as anxious as
a Jew of the middle ages to conceal his wealth. His dress is
plain, his demeanor unassuming ; but the interior of his dwelling
glitters with luxurv, and none but a few chosen guests whom he
liaughtily styles his equals are allo\>ed to penetrate into this
sanctuary. No European noble is more exclusive in his pleas-
ures, or more jealous of the smallest advantages which his privi-
leged station confers uj)on him. But the very same individual
crosses the city to reach a dark counting-house in the centre of
trafiiic, where every one may accost him who pleases. If he
meets his cobbler upon the w ay, they stop and converse ; the
two citizens discuss the affairs of 'he State in which they have
an equal interest, and they shake hands before they part.

But beneath this artificial enthusiasm, and these obsequious
attentions to the preponderating power, it is easy to perceive
that the wealthy members of the community entertain a hearty
distaste to the democratic institutions of their country. The
populace is at once the object of their scorn and of their fears.
If the maladministration of the democracy ever brings about a
re\ olutionary crisis, and if monarchical institutions ever become
practicable in tiie United States, the truth of what I advance
will become obvious.

The two chief weapons which parties use in order to ensure
success, are the public press, and the formation of associations.

V I

161

CHAPTER XL

LIBERTY OF THE PRESS IN THE UNITED STATES.

Difliciilty of reslraining the liberty of the press. — Piirticular reason'^ wliicli some
nations liave to cherish this hberty. — The liberty of the press ;i necessary con-
Rpcpience of the sovereignty of tiie people as it is understood in Amerioa. —
Violent language of the periodical press in the United States. — Propensities of
the periodical press. — Illiistratrd by the United States. — Opinion of the Ame-
ricans npon tiie repression of the ai)use of the liberty of tiie press by jndicial
prosecutions. — Reasons for which the press is less powerful in America than
in France.

The influence of the liberty of the press does not affect political
opinions alone, bi;t it extends to all the opinions of men, and it
modifies customs as well as laws. In another part of this work
I shall attempt to determine the degree of influence which the
liberty of the press has exercised upon civil society in the United
States, and to point out the direction which it has given to the
ideas, as well as the tone which it has imparled to the character
and the feelings, of the Anglo-Americans, but at present I pur-
pose simply to examine the eflects produced by the liberty of
the press in the political world.

I confess that I do not entertain that firm and complete at-
tachment to the liberty of the press, which things that are su-
premely good in their very nature are wont to excite in the
mind ; and I approve of it more from a recollection of the evils
it prevents, than from a consideration of the advantages it
ensures.

If any one can point out an intermediate, and yet a tenable
position, between the complete independence and the entire
subjection of the public expression of opinion, I should perhaps
be inclined to adopt it ; but the difliculty is to discover this
position. If it is your intention to correct the abuses of unli-
censed printing and to restore the use of orderly language, you
may in the first instance try the oflender by a jury ; but if the
jury acquits him, the opinion which was that of a single indi-
vidual becomes the opinion of the country at large. Too much
and too little has therefore hitherto been done : if you proceed,
you must bring the delinquent before permanent magistrates ;
but even here the cause must be heard before it can be decided ;
21

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and the verv principles which no book would have ventured to
avow are blazoned Torth in the pleadings, and what was obscurely
hinted at in a single composition is then repeated in a umliitudc
of other publications. The lani^uage in which a thoui^ht is
crnl)0(lied is the mere carcass of the thought, and not the idea
itseli': tribunals may condemn the form, but the sense and
spirit of the work is too subtile for their authority : too much
has still been done to recede, too little to attain your end : yoii
must therefore proceed. If you establish a censorship of the
press, the tongue of the public speaker will still make itself
heard, and you have only increased the mischief. The powers
of thought do not rely, like the powers of physical strength,
upon the number of their mechanical agents, nor can a host of
authors be reckoned like the troops which compose an army ;
on the contrary, the authority of a principle is often increased
by the smallness of the number of men by whom it is expressed.
The words of a strong-minded man, which penetrate amidst
the passions of a listening assembly, have more than the vocif-
erations of a thousand orators ; and if it be allowed to speak
freely in any public place, the consequence is the same as if
free speaking was allowed in every village. The liberty of
discourse must therefore be destroyed as well as the liberty
of the press ; this is the necessary term of your ellbrts ; but
if 3'our object was to repress tlie abuses of liberty they have
brought you to the feet of a despot. You have been led from
the extreme of independence to the extreme of subjection,
without meeting with a single tenable position for shelter or re-
pose.

There are certain nations which have peculiar reasons for
cherishing the press, independently of the general motives
which I have just pointed out. For in certain countries which
profess to enjoy the privileges of freedom, every individuid
agent of the Government may violate the lews with impunity,
since those whom he oppresses cannot prosecute bin) before the
courts of justice. In this case the liberty of the press is not
merely a guarantee, but it is the only guarantee of their liberty
and their security which the citizens possess. If the rulers of
these nations proposed to abolish the independence of the press
the people would be justified in saying: Give us t!ie right of
prosecuting your offences before tl e ordinary tribunals, and
perhaps we may then waive our right of appeal to tlje tribunal
of public opinion.

But in the countries in which the doctrine of the sovereignty

1G3

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of the peoj)lc ostensibly prevails, the censorship of the press
is not only dangerous, but it is absurd. When the right of
every citizen to co-operate in the government of society is ac-
knouledgod, every citizen nuist be presumed to possess the
power of discriminating between the different opinions of iiis
colcmporaries, and of appreciating the dift'erent facts from which
inferences may be drawn. The sovereignty of the people and
the liberty of the press may therefore be looked upon as cor-
relative institutions ; just as the censorship of the press and
universal suffrage are two things which are irreconcileably op-
posed, and which cannot long be retained among the institu-
tions of tlie same people. Not a single individual of the twelve
millions who inhabit the territory of the United States has as
yet dared to pro|)ose any restrictions to the liberty of the press.
The first newspaper over which I cast my eyes, upon my arri-
val in America, contained the following article :

" III all this aflair, tlie language of Jackson has been that of a heartless despot,
solt?ly occupied witli the |)ics(!rvalion ol' liut own anthority. Ambition is his
crime, and it wdl bo ids piinisliinent too : intrigue is liis native element, and in-
trigue will coiilound iiis tricks, and will deprive him of his power : he governs
by means of corruption, and his iiiimoral practices will redound to his shame and
contusion. His conduct in the political arena has been that of a shameless and
lawless gaiiiesler. Mo succeeded at the time, but the hour of retribution ap-
proaches, and he will be obliged to disgorge his winnings, to throw aside his false
ilice, and to end his days in some retirement, where he may curse his madness at
his leisure ; (or repentance is a virtue with which his heart is likely to remain for
ever unacquainted."

It is not uncommonly imagined in France, that the virulence
of the press originates in the uncertain social condition, in the
political excitement, and the general sense of consequent evil
which prevail in that comitry ; and it is therefore supposed
that as soon as society has resumed a certain degree of com-
posure, the press will abandon its present vehemence. I am
inclined to think that the above causes explain the reason of
the extraordniary ascendancy it has acquired over the nation,
but that they do not exercise much influence upon the tone of
its language. The ])eriodical press appears to me to be ac-
tuated by passions and propensities independent of the circum-
stances in which it is placed ; and the present position of Ame-
rica corroborates this opinion.

America is perhaps, at this moment, the country of the whole (
world wiiich contains the fewer germs of revolution ; but the
press is not less destructive in i(s principles than in France, and
it displays the same violence without the same reasons for in-

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164

dignation. In America, as in France, it constitutes a singular
power, so strangely composed of minified p;ood and evil, tliiit
it is at the same lime indispensable to the existence of freedom,
and nearly incompatible wiili the maintenance of public order.
Its power is certainly much greater in France than in the Uni-
ted States ; though nothing is more rare in the latter country
than to hear of a prosecution having been instituted against it.
The reason of this is perfectly simple ; the Americans luiving
once admitted the doctrine of sovereignty of the people, I'pply
it with perfect consistency. It was never their intention to
found a permanent state of things with elements which undergo
daily modifications ; and there is consequently nothing crimi-
nal in an attack upon the existing laws, provided it be not at-
tended with a violent infraction of them. They are moreover
of opinion that Courts of Justice are unable to check the
abuses of the press ; and that as the subtilty of human language
perpetually eludes the severity of Judicial analysis, oU'ences of
this nature are apt to escape tlie hand which attempts to appre-
hend them. They hold that to act with ellicacy upon the press,
it would be necessary to find a tribunal, not only devoted to the
existing order of things, but capable of surmounting the in-
fluence of public opinion ; a tribunal which should conduct its
proceedings without publicity, which should pronounce its de-
crees without assigning its motives, and punish the intentions
even more than the lanaruat'e of an author. Whosoever should
have the power of creating and maintaining a tribunal of this
kind, woidd wa?tc his time in |)rosecutiug the liberty of the
press ; for he would be )!ie supreme master of the u bole com-
munity, and he would be as li'ec to rid himself of the authors as
of their writings. In this (pieslion, , therefore, there is no n e-
dium between servitude and extreme license ; in order to en-
joy the inestimable benefits which the liberty of the press en-
sures, it is necessary to submit to the inevitable evils which it
engenders. To expect to acquire the former, and to escape
the latter, is to cherish one of those illusions which comnu)nly
mislead nations in their times of sickness, when, tired with fac-
tion and exhausted by efiort, they attempt to combine hostile
opinions and contrary principles upon the same soil.

The small influence of the American journals is attributable
to several reasons, amongst which are the following :

The liberty of writing, like all other lii)erty, is most formida-
ble when it is a novelty ; for a people which has never been ac-
customed to co-operate in the conduct of State aiiairs, places

165

implicit conficlence in the first tribune who arouses its attention.
The Anglo-Americans have enjoyed this liberty ever since the
ibunclation of tlie settlements ; moreover, the press cannot
create human passions by its own power, however skillfnljy it
may kinille them where they exist. In America politics are
discussed with animation and a varied activity, but they rarely
touch those deep passions which are excited whenever the
positive interest of a part of the community is impaired : but
in the United vSlates the interests of the community are in a
most prosperous condition. A single glance upon a French
and an American newspaper is sufficient to show the difference
which exists between the two nations on this head. In France
the space alh)tted to commercial advertisements is very lin)ited,
and the iiUelligence is not considerable, but the most essential
part of the journal is that which contains the discussion of the
politics of the day. In America three quarters of the enor-
mous sheet which is set before the reader are fdied with adver-
tisements, and the remainder is frequently occupied by politi-
cal intelligence or trivial anecdotes : it is only from time to
time that one finds a corner devoted to passionate discussions
like tlic)?e with which the journalists of France are wont to in-
dulge their readers.

It has been demonstrated by observation, and discovered by
the innate sagacity of the pettiest as well as the greatest of des-
pots, that the inlluence of a power is increased in proportion as
its direction is rendered more central. In France the press
c()iiil)iiies a twofold centralixation : almost all its power is
ce'itrcd in the s.uiie spot, and vested in the same hands, for its
organs are fur from numerous. Tlie influence of a public press
thus constituted, upon a sceptical nation, must be unbounded.
It is an enemy with which a Government may sign an occasion-
al truce, but which it is difficult to resist for any length of time.

Neither of these kinds of centralization exists in America.
The United ^^tates have no metropolis ; the intelligence as well
as the power of the country are dispersed abroad, and instead
of railiniiim from a point, they cross each other in ever^^ direc-
tion ; the Americans have established no central control over
the expression of opinion, any more than over the conduct of
business. These are circumstances which do not depend on
human foresight ; but it is owing to the laws of the Union that
there are no licenses to be granted to printers, no securities de-
manded from editors as in France, and no stamp duty as in
France and England. The consequence of this is that nothing

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I is easier than to set up a newspaper, and a small number of
' readers sufliccs to defray the expenses of the editor.

The number of periodical and occasional publications which
appear in the United States actually surpasses belief. The most
enlightened Americans attribute the subordinate influence of
the press to this excessive dissemination ; and it is adopted as
an axiom of political science in that country, that the only way
to neutralize the effect of public journals is to multiply them
indefinitely. I cannot conceive that a truth which is so self-evi-
dent should not already have been more generally admitted in
Europe; it is comprehensible that the persons who hope to bring
about revolutions, by means of the press, should be desirous
of confining its action to a few powerful organs ; but it is per-
fectly incredible that the partisans of the existing state of things,
and the natural supporters of the laws, should attempt to di-
M minish the influence of the press by concentrating its authority.

^ The Governments of Europe seem to treat the press with the

courtesy of the knights of old ; they are anxious to furnish it
^ with the same central power which they have found to be so

41 trusty a weapon, in order to enhance the glory of their resist-

ance to its attacks.
'9 In America there is scarcely a hamlet which has not its own

• newspaper. It may readily be imagined that neither discipline

nor unity of design can be communicated to so multifarious a
host, and each one is consequently led to fight under his own
standard. All the political journals of the United States are
indeed arrayed on the side of the administration or against it ;
but they attack and defend it in a thousand different ways.
They cannot succeed in forming those great currents of o|)in-
ion which overwhelm the most solid obstacles. This division
of the influence of the press produces a variety of other con-
sequences which are scarcely less remarkable. The facility
with which journals can be established induces a multitude of
individuals to take a part in them ; but as the extent of competi-
tion precludes the possibility of considerable profit, the most
distinguished classes of society are rarely led to engage in these
undertakings. But such is the number of the public prints,
that even if they were a source of wealth, writers of ability
could nor be found to direct them all. The journalists of the
United States are usually placed in a very humble position,
with a scanty education and a vulgar turn of mind. The will
of the majority is the most general of laws, and it establishes
certain habits which form the characteristics of each peculiar

167

class of society ; llius it dictates the etiquette practised at courts
and the eli(|iicttc of the bar. Tli < characteristics of the French
journalist consist in a violent, but frequently an eloquent and
lofty, manner of discussing the politics of the day ; and the ex-
ceptions to this habitual practice are only occasional. The
characteristics of the American journalist consist in an open
and coarse appeal to the passions of the populace ; and he
habitually abandons the principles of political science to assail
the characters of individuals, to track them into private life,
and disclose all their weaknesses and errors.

Nothin,2^ can be more deplorable than this abuse of the powers
of thoui^^iit ; I shall have occasion to point out hereafter the in-
iluenco of the ru'wspapers upon the taste and the morality of
the American people, but my present subject exclusively con-
cerns the ))<)litical world. It cannot be denied that the eflects
of this extreme license of the press tend indirectly to the main-
tenance of public order. The idividuals who are already in the
])ossession of a hit^h station in the esteem of their fellow-citizens,
are afraid to write in the newspapers, and they are thus deprived
of the most powerful instrument which they can use to excite the
passions of the multitude to their own advantap;e.*

The personal opinions of the editors have no kind of weight
in the eyes of the public : the only use of a journal is, that it
imparts the knowledge of certain facts ; and it is only by alter-
ing or distorting those facts, that a journalist can contribute to
the supj)ort of his own views.

But although the press is limited to these resources, its in-
fluence in America is immense. It is the power which impels
the circulation of political life through all the districts of that
vast territory. Its eye is constantly open to detect the secret
springs of political designs, and to summon the leaders of all
parties to the bar of public opinion. It rallies the interests of
the conmiunity round certain principles, and it draws up the
creed which factions adopt ; ibr it atlords a means of intercourse
between parties which hear, and which address each other, with-
out ever having been in immediate contact. When a great
number of the organs of the press adopt the same line of con-
duct, their influence becomes irresistible ; and public opinion,
when it is jierpetually assailed from the same side, eventually
yields to the attack. In the United States each separate journal

* They only write in the papers when they choose to address the people in
their own name ; as, for instance, when they are called upon to repel calumnious
imputations, and to correct a mis-statement of facts.

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exercises but little authority : but the power of the periodical
press is only second to that of the people.*

The opinions which are established in the United States under the empire of the
liberty of the press, are frequently more firmly rooted than those which are
formed elsewhere under the sanction of a censor.

In the United States the democracy pcj'petually raises fresh indi-
viduals to the conduct of public afrai'*s ; and the measures of
the administration are consequently seldom regulated by the strict
rules of consistency or of order. But the (;oneral principles of
the Government are more stable, and the O))inions most })rova-
lent in society are generally more durable than in many other
countries. When once the Americans have taken up an idea,
whether it be well or ill-founded, nothing is nu)re diliicult than
to eradicate it from their minds. The same tenacity of opinion
has been observed in England, where, for the last century,
greater freedom of conscience and more invincible prejudices
have existed than in all the other countries ll Europe. I attri-
bute this consequence to a cause which may at first sight appear
to have a very opposite tendency, namely, to the liberty of the
press. The nations amongst which this liberty exists arc as apt
to cling to their opinions from pride as from conviction. They
cherish them because they hold them to be just, and because
they exercised their own free will in choosing them ; and they
maintain them, not oidy because they are true, but because
they are th^'ir own. Several other reasons conduce to the same
end.

It was remarked by a man of genius, that ' ignorance lies at
the two ends of knowledge.' Perhaps it would have been more
correct to have said, that absolute convictions are to be met v ith
at the two extremities, and that doubt lies in the middle ; lor the
human intellect may be considered in three distinct states, which
frequently succeed one another.

A man believes implicitly, because he adopts a proposition
without inquiry. He doubts as soon as he is assailed by the
objections which his inquiries may have aroused. But h(> fre-
quently succeeds in satisfving these doul)ts, and then he begins
to believe afresh : he no longer lays hold on a truth in its most

♦ See i^ppendix, P.

169

shadowy and uncertain form, but lie sees it clearly before him,
and he advances onwards by the light it gives him.*

When the liberty of the press acts upon men who are in the
first of these three states, it does not immediately disturb their
habit of believing implicitly without investigation, but it con-
stantly modifies the objects of their intuitive convictions. The
human mind continues to discern but one point upon the whole
intellectual horizon, and that point is in continual motion. Such
are the symptoms of sudden revolutions, and of t!io misfortunes
which are sure to befall those generations wliich abruptly adopt
the unconditional freedom of tjie press.

The circle of novel ideas is, however, soon terminated ; the
touch of experience is upon them, and the doubt and mistrust
which their uncertainty produces become universal. We may
rest assured that the majority of mankind will either believe they
know not wherefore, or will not know what to believe. Few
are the beings who can ever hope to attain to that state of ra-
tional and independent conviction, which true knowledge can
beget, in defiance of the attacks of doubt.

It has been remarked that in times of great religious fervor
men sometimes change their religious opinions ; whereas in times
of general scepticism every one dings to his own persuasion.
The same thing takes place in politics under the liberty of the
press. In countries where all the theories of social science have
been contested in their turn, the citi/.cns who have adopted one
of them, stick to it, not so much because they are assured of its
excellence, as because they are not convinced of the superiority
of any other. In the present age men are not very ready to
die in rjefence of their opinions, but they are rarely inclined to
change them ; and there are fewer martyrs as well as fewer apos-
tates.

Another still more valid reason may yet be adduced : when
no abstract opinions are looked upon as certain, men cling to
the mere propensities and external interests of their position,
which are natnrally more tangible and more permanent than any
opinions in the world.

It is not a question of easy solution whether the aristocracy
or the democracy is most fit to govern a country. But it is cer-
tain that democracy annoys one part of the community, and that
aristocracy oppresses another part. When the question is re-

* If may, however, he donbtorl whether this rntioiuil and self-guiding convic-
tion arouses as uuicli fervor or enthusiastic devotcdnesis in men as their first

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170

duced to the simple expression of the struggle between poverty
and wealth, the tendency of each side of the dispute becomes
perfectly evident without further controversy.

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CHAPTER XII.

POLITICAL ASSOCIATIONS IN THE UNITED STATES.

T^.'.'iy use which the Anglo-Americans make of the light of association — Three
kinds of politiciii assoriatioiis. — In wiiat m;inM';r the Americans apply the re-
prL'sentative system to asjiociiilion.-*. — Dangers resii'ting to tiie State. — Great
Convention of ISM relative to the TaritV.— Legislative character of this Con-
vention.— Why tlic iinhniited exircise of the right of association is less dan-
gerous in the United States than elsewhere. — Why it may be looked upon as
necessary. — Utility of associations in a democratic people.

In no country in the world has the principle of association
been more successfully used, or more unsprtriiigly applied to a
multitude of di/lerent objects, than in America. Besides the
permanent associations which are established by law under the
names of townships, cities, and counties, a vast number of
others are formed and maintained by the agency of private in-
dividuals.

The citizen of the United States is taught from his earliest
hifancy to rely upon his own exertions, in order to resist the
evils and the difficulties of life ; he looks upon the social autho-
rity with an eye of mistrust and anxiety, and he only claims its
assistance when he is quite unable to shift without it. This habit
may even be traced in the schools of the rising generation,
where the children in their games are wont to submit to rules
which they have themselves esttdjlished, and to punish misde-
meanors which they have themselves defined. The same spirit
pervades every act of social life. If a stoppage occurs in a
thoroughfare, and the circulation of the jiublic is hindered, the
neighbors immediately constitute a deliberative body ; and this
extemporaneous assembly gives rise to an executive power,

171

which remedies the inconvenience, before anybody has thoue^ht
of recurring to an authority superior to that of the persons im-
mediately concerned. If the public pleasures are concerned, an
association is formed to provide for the splendor and the regu-
larity of the entertainment. Societies are formed to resist ene-
mies which are exclusively of a moral natm-e, and to diminish
the vice of intemperance : in the United States associations are
established to promote public order, commerce, industry, moral-
ity, and religion ; for there is no end which the human will,
seconded by the collective exertions of individuals, despairs of

attammg.

I shall hereafter have occasion to show the effects of association
upon the course of society, and T must confine myself for the
present to the political world. When once the right of associa-
tion is recognised, the citizens may employ it in several different
ways.

An association consists simply in the public assent which a
number of individuals give to certain doctrines ; and in the en-
gagement which they contract to promote the spread of those
doctrines by their exertions. The right of associating with these
views is very analogous to the libert}' of unlicensed writing ; but
societies thus formed possess more authority than the press.
When an o})inIon is represented by a society, it necessarily as-
sumes a more exact and explicit form. It numbers its partisans,
and compromises their welfare in its cause ; tliey, on the other
hand, become acquainted with each other, and their zeal is in-
creased by their number. An association unites the efforts of
minds which have a tendency to diverge in one single channel,
and urges them vigorously towards one single end u Inch it points
out.

The second degree in thi^ right of association is the power of
meetiuiT. When an association is allowed to establish ceiUres of
action at certain important }.o,nts in the conntry, its activity is
increased, and its inlluence extended. Men have the oppor-
tunity of seeing each other ; means of execution are more readily
combined ; and opinions are maintained with a degree of warmth
and energy which written language cannot approach.

Lastly, in the exercise of the right of political association,
there is a third degree : the partisans of an opinion may unite
in electoral bodies, and choose delegates to represent them in a
central assembly. This is, properly speaking, the application
of the representative S3stem to a party.

Thus, in the first histance, a society is formed between indi-

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viduals professing the same opinion, and the tie which keeps it
toc!;ether is of a purely intellectual nature: in the second case,
small assemblies are formed which only represent a fraction of
the party. Lastly, in the third case, they constitute a separate
nation in the midst of the nation, a government within the Cov-
ernmcnt. Their delegates, like the real delegates of the majority,
represent the entire collective force of their party ; and they en-
joy a certain degree of that national dignity and great influence
which belong to the chosen representatives of the people. It is
true that they have not the right of making the laws ; but they
have the power of attacking those which are in being, and of
drawing up belorehand those which they may afterwards cause
to be adopted.

If, in a people wliich is imperfectly accustomed to the exercise
of freedom, or which is exposed to violent political passions, a
deliberating minority, which confines itself to the contemplation
of future Inns, be placed in juxtaposition to the legislative ma-
jority, 1 cannot but believe that public tranquillity incurs very
great risks in that nation. There is doubtless a very wide dif-
ference between proving that one law is in itself better than an-
other, and proving that the former ought to be substituted for
the latter. But the imagination of the ])opulace is very apt to
overlook this difference, which is so apparent to the minds of
thinking men. It sometimes happens that a nation is divided
into two nearly equal partiv^s, each of which affects to represent
the majority. ](', ir. immediate contiguity to the directing
power, anotlier power be established, which exercises almost as
much moral authority as the former, it is not to be believed thnt
it will long be content to speak without acting ; or that it will
always be restrained by tiie abstract consideration of the nature
of associations, which are meant to direct but not to enforce
opinions, to suggest but not to make the laws.

The more we consider the independence of the press in its
principal consequences, the more are we convinced that it is the
chief, and, so to speak, the constitutive element of freedom in
the modern world. A nation which is determined to remain
free, is therefore right in demanding the uiu'cstraincd exercise of
this independence. But the vnrcstraincd libert}' of political asso-
ciation cannot be eniirely assimilated to the liberty of the press.
The one is at the same time less necessary and more dangerous
than the other. A nation may coijfine it within certain limits
without forfeiting any part of its self-control ; and it may some-
times be obliged to do so in order to maintain its o^n authority.

17S

Is in Its

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In America the liberty of association for political purposes is
unbounded. An example will show in the clearest light to what
an extent this privileme is tolerated.

The (juestion of the Tariff, or of free trade, produced a great
manifestation of party feeling in America : the Tariff was not
only a subject of debate as a matter of opinion, but it exercised
a favorable or a prejudicial influence upon several very powerful
interests of the States. The North attributed a great portion of
its prosperity, and the South all its sufferings, to this system.
In so much that for a long time the Tarifi' was the sole source
of the political animosities which agitated the Union.

In 183 1 when the dispute was raging with the utmost viru-
lence, a private citizen of Massachusetts proposed to all the
enemies of the Tariff, by means of the public prints, to send de-
legates to Philadelphi?<. in order to consult together upon the
means which were most fitted to promote the freedom of trade.
This proposal circulated in a (gw days from Maine to New Or-
leans by tlie power of tlie printing press : the opponents of the
Tarifl' adopted it with enthusiasm ; meetings were formed on all
sides, and delegntes were named. The majority of these indi-
viduals were well known, and some of them had earned a con-
sideral)le degree of celebrity. South Carolina alone, which af-
terwards took up arms in tlie same cause, sent sixty-three dele-
gates. On the 1st October, 1831, this assembly, which, accord-
ing to the American custom, had taken the name of a Conven-
tion met at ^Philadelphia ; it consisted of more than two hundred
meml)ers. Its debates were public, and they at once assumed a
legislative character; the extent of the powers of Congress, the
theories of frc'o trade, and the different clauses of the Tariff,
were discussed in turn. At the end of ten days' deliberation
the Convention broke up, after having publislif^d an address to
the American people, in which it is declared :

I. That Congress had not the right of making a Tarifl', and
that the existing Tariff was unconstitutional ;

II. That the prohibition of free trade was prejudicial to the
interests of al! "aiions, and to that of the American people in
particular.

It mnst be acknov,ledged that the unrestrained liberty of
political association has not hitherto produced, in the United
States, those fatal consequences which might perhaps be expect-
ed from it elsewhere. The right of association was imported
from England, and it has always existed in America. So that
the exercise of this privilege is now amalgamated with the man-

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174

ners and customs of the people. At the present time, the
liberty of .issociaiioii is become a necessary p;iiaraiUee against
the lyraniiy of the majority. In the United States, as soon as
a party has become preponderant, all the public authority
passes under its control : its private supporters occupy all the
places, and have all the force of the administration at their
disposal. As the most distinguished partisans of the other
side of the question are unable to surmount the obstacles which
exclude them from power, they require some means of estab-
lishing themselves upon their own basis, and of opposing the
moral authority of the minority to the physical power which
domineers over it. Thus a dangerous expedient is used to ob-
viate a still more formidable danger.

The omnipotence of the niajority appears to me to present
such extreme perils to tlie American Republics, that the dan-
gerous measure which is used to repress it seems to be more
advantageous than prejudicial. And here I am about to ad-
vance a proposition which may remind the reader of what I
said before in speaking of municipal freedom : There are no
countries in which associations are more needed, t prevent
the despotism of faction or the arbitrary power of a prince,
than those which are democratically constituted. In aristocra-
tic nations, the body of the nobles and the more opulent part
of the community are in themselves natural associations, which
act as checks upon the abuses of j)ovvcr. In countries in which
these associations do not exist, if private individuals are unable
to create an artificial and a temporary substitute for them, I
can iir.agine no jiermancnt protection against the most galling
tyranny ; and a great people may be oppressed by a small fac-
tion, or by a single individual, with impunity.

The meetitig of a great political Convention (for there are
Convcnti<nis of all kinds) which may frequently become a ne-
cessary measure, is al.\ays a serious occuri'cnce, even in Ame-
rica, and one which is never looked forward to, by the judicious
friends of the country, without alarm. This was very per-
ceptible in the Convention of 3831, at which the exertions of
all the most dihtinguished members of the assembly tended to
moderate its lat)guage, and to restrain the subjects which it
treated within certain limits. It is probable, in fact, that the
Convention »)f 1831 exercised a very great influence upon il e
minds of the malcontents, and prepared them for the opin revolt
against the commercial laws of the Union, which took place
in 1832.

I 'II

175

It cannot be denied that die unrestrained liberty of association
for political purposes is tiie privilege which a people is long'est
in learninji^ how to exercise, li it does not ihiow the nation
into anarchy, it perpetually auq^ments the chances of that ca-
lamity. On one point, however, this perilous liberty offers a
security against dangers of another kind ; in countries where
associations are free, secret societies are unknown. In America
there are numerous factions, but no conspiracies.

[e are
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icious

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Different ways in which the right of association is understood in Europe and in
the United States. — Ditierent use whicli 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 with them. I am
therefore led to conchule that the right of association is almost
as inalienable as the right of personal liberty. No legislator can
attack it without impairing the very foundations of society.
Nevertheless, if the liberty of association is a fruitful source of
advantages and prosperity to some nations, it may be perverted
or carried to excess by others, and the element of life may be
changed into an element of destruction. A comparison of the
different methods which associations pursue, in those countries
in which they are managed with discretion, as well as in those
where liberty degenerates into license, may perhaps be thought
useful both to lioveruuients and to parties.

The greater i)art of Europeans look upon an association as a
weapon which is to be hastily fashioned, and innnediately tried
in the conflict. A society is formed for discussion, but the idea
of impending ration prevails in the minds of those who consti-
tute it : it is, in fact, an army ; and die lime given to parley
serves to reckon up the strength and to animate the courage of
the host, after which they direct their march against the enemy.
Resources which lie within the bounds of the law may suggest
themselves, to the persons who compose it, as means, but never
as the only means, of success.

Such, however, is not die manner in which tlie right of asso-
ciation is understood in the United States. In America the citi-
zens who form the minority associate, in order, in the first place
to show their numerical strength, and so to diminish the moral

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170

authority of the majoilty ; and, in the second place, to stimulate
competition, and to discover those arguments which are most
fitted to act upon the majority ; for they always entertain hopes
of drawing over their opponents to their own side, and of after-
wards disposinu;' of the supreme power in their name. Political
associations in the United States are therefore peaceable in their
intentions, and strictly leG!;al in the means which they employ ;
and they assert with perfect truth, that they only aim at success
by lawful expedients.

The difference which exists between the Americans and our-
selves depend on several causes. In luirope there are numerous
parties so diametrically opj)oscd to the majority, that they can
never hope to acquire its support, and at the same time they
think that they are sufficiently strong; in themselves to strufi:i!;lc
and to defend their cause. When a party of tjjis Mud forms an
association, its object is, not to conquer, but to fitrht. In Ame-
rica, the individuals who hold opinions very much opposed to
those of the majority, are no sort of impediment to its power ;
and all other parties hope tc win it over to their own principles
in the end. The exercise oi" the riarht of association becomes
dana:erous in proportion to the impossibility which excludes jrrcat
parties from acquirint? the majority. In a country like the United
Estates, in which the did'erences of opinion are mere di/rerences
of hue, the right of association may remain unrestralued with-
out evil consequrnces. The inexperience of many of the
European nations in the enjoyment of liberty, lea<ls them only
to look upon the liberty of association as a right of attacking
the (jovernment. The first notion which presents itself to a
party, as well as to an individual, when it has acquired a con-
sciousness of its own strength, is that of violeiu'o : the iu>tion of
persuasion arises at a later period, and is only derived from ex-
perience. The English, who are divided into parties which (hirer
most essentially from each other, rarely abuse the right of asso-
ciation, 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 weHUre of the State,
that a man does not consider himself honored in defending it,
at the risk of his life.

But perhaps the most powerful of the causes which tend to
mitigate the excesses of political association in the United States
is Universal Suffrage. In countries in which universal suffrage
exists, the majority is never doubtful, because neither party can
pretend to represent that portion of the community which has

177

iM!

not voted. The associations which are formed are aware, as
well as the nation at lari^e, that thi;y do not represent the ma-
jority : this is, indeed, a condition inse|)arable Irom their exist-
ence ; for if they did represent the prei)onderatin^ power, they
wonld chaniz;e the law instead of solicitint;;- its reform. The con-
seqnence of this is that the moral inihience of the (iovernment
wiiich they attack is very nnich increased, and their own power
is very nuich enfeebled.

In Europe there are few associations which do not alVcct to re-
present the mnjority, or which do not believe that they represent
it. This conviction or this pretension tends to autr:uuMit their
force amazinj^ly, and contributes no less lo le:j,: l.xe their measures.
Violence may seem to be e.\cusal)le in defence of the cause of
oppressed ri^ht. Tims it is, in die vast labyrinth of luunan laws,
that extreme liberty sometimes corrects abuses of license, and
that extreme democracy obviates the dangers of democratic ji^ov-
ernment. Fn Kurope, assosciations consider themselves, in some
deii^ree, as the leulslative and executive councils of the people,
which is unable to speak for itself. In America, whore they
only represent a minority of the nation, they argue aiul they
petition.

The means which the associations of Kurope em|)loy, are in
accordance with the end which they propose to obtain. As the
principal nim of these bodies is to act, and not to debate, to
fi<j:ht rather than to persuade, they are natin*;illv led to adopt a
form of (U'l^anization which dilfers from the ordinary customs of
civil bodies, and which assumes the habits and the niaxiuis of
militarv life. They centralize the direction of their resources as
nuich as |)ossible, and they entrust the power of the whole party
to a very small number of leaders.

The members of these associations reply to a watchword, like
soldiers on duty ; they profess the doctrine of passive oberlicnce ;
say rather, that in unitinu; toi::elher they atoiu'e abjure the exer-
cise of their own judgment and free will ; and the tyrannical
control, which these societies exercise, is often far more insup-
portable than the authority possessed over society by the Gov-
ernment which they attack. 'JMieir moral force is much dimin-
ished by these excesses, and they lose the ])owerful interest
which is always excited by a struiityle between 0|)pressors and
the oppressed. "^I'lie man who in iiiven cases consents to obey
his fellows with servility, and who submits his activity, and even
his opinions, to their control, can have no claim to rank as a free
citizen.

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The Americans have also estahllslied certiun forms of govern-
ment which are a|)plie(l to their associations, hut these are inva-
riahlv horrowe*! from the lorms of tlie civil administration. The
inciependenceof each individual is formally recoifnized ; the ten-
dency of the memhers of the association points, as it does in the
hodv of the comnnniitv, towards the same end, but thev are not
ohlit^ed to follow the same track. No one abjures the exercise
of his reason and his free will ; but every oiie exerts that reason
and that will for the benefit of a common undertaking.

(

CIIArTER XIII.

GOVERNMENT OF THE DEMOCRACY IN AMERICA.

I AM well aware of the difficulties which attend this part of
my subject ; but althouirh every exp«'ession which I am about
to make use of may cli!.»li, upon soi.ie one point, with the feel-
inju's of the dili'erent parties which divide my country, I shall
speak my opinion w ith the most [)erfect openness.

In Europe we are at a loss how to judije the true character
and the more j)ermanent pro|)ensities , of democracy, because in
Europe two conflicting principles exist, and we do not know
what to attribute to the principles themselves, and what to refer
to the j)assions w hich they bring into collision. Such, however,
is not the case in America ; there the people reigns w ithout any
obstacle, and it has no perils to dread, and no injuries to avenge.
In America, democracy is swa>ed by its own free ]iro|)ensities ;
its course is natural, and its activity ih unrestrained : the United
States consequently afford the most favorable opportunity of
studying its real character. And to no people can this inquiry
be more vitally interesting than to the French nation, w hich
is blindly driven onwards by a daily and irresistible impulse,
towards a state of things which may prove either despotic or
republican, but which will assuredly Le democratic.

179

UNIVERSAL SUFFRAGE.

)art of
about
\\c Ibel-
slmll

I HAVE already observed tbat [Jniversal SuflVage lias been
adopted in all the States of the Vnioii : it eonsequently occurs
amonc;^st different popidations which occupy very different posi-
tions in the scale of society. I have ha(( o[)portunities of ob-
serving? its effects in different localities, and ainoniJ!;st races of
men who are nearly stranirers to each other by their lauiiuai^e,
their reliiiioii, and th(>ir niiinner of life; in Louisiana ns well as
in New liUfj^land, in (ileoriria and in ('luiada. I have remarked
thaf V'iiiversal Sullraiie is far from })roducinij; in America either
all the u'ood or all the evil consequences which are assic:ncd to
it in Europe, and that its effects differ very widely from those
which are usually attributed to it.

CHOICE OF THE PEOPLE, AND INSTINCTIVE PREFERENCES OF
THE AMERICAN DEMOCRACY.

In the United Statrs tlip most lalciited individuals are rarely placed at the head
of alliiirn. — Reason of this pecuharity. — The envy wliich prr'vails in the lower
orders of Franee aj,'ain.st the hijiher classes, is not a French, hnt a |)nrely
democratic scntiniiMit — For what reason ihe Miost distingiiislied men in Ameri-
ca frecpiently seclude themselves from public alliiirs.

Many people in ICin'ope are apt to believe without sayiuii- it, or
to say without believinm; it, that one of the t;;reat advantatres of
universal suirra2^e is, that it entrusts tlit^ direction of public af-
fairs to men who are worthy of the public conlideiu'c. They
admit that the people is unal)le to ti;overn for itself, but they
aver that it is always sincerely disposed to promote the welfiire
of the State, ami that it instinctively designates those j)ersons
who are animated by the same i:;oo(l wishes, and who are the
most fit to wield the supreme authority. 1 confess that the ob-
servations I made in America by no means coincide with these
opinions. On my arrival in the United States I was surprised
to find so much distinguished talent among the subjects, and so
little among the heads of the Government. It is a well-authen-

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tiratofl fiirt, that at tlio pivscnt day the most talrntorl mm In the
United Statos arc wry rarely j)hu'('(l at the hoad of aflalrs ; and
it must l)<' aclvMoulcducd that such has hoon the residt, in pro-
portion as (lenioeraey has outstepped all its former limits. The
racpoCAmeriean statesmen has evidently dwindled most rcmarU-
ablv in liic course of the last lifty years.

Several causes may he assiirned to this phnenomenon. It is
impossible, notwithstandintr the most strenuous exertions, to
raise the intelliiicnce of the people above a certain level. What-
ever may be the (aciilties ol' accpiirinp;' information, whatever
may be the profusion of easy methods and of cheaj) science, tlu?
hmnan mind can never be instrncted and educated without de-
votiuL!," a considerable space ol' time to those objects.

The greater or the lesser possibility of subsistintj; without
labor is th(>refor(^ the necessary boundary of intelh'ctual improve-
ment. This boundary is more remote in some countries, and
more restricted in others ; but it must exist somewhere as lonj^'
as the ))(M)ple is constrained to work in order to procure the
means of physical subsistence, that is to say, as hnic: as it retains
its popular character. It is tlnrefore quite as di/iicult to ima-
fiine a State in which all the citizens should be very w<>ll-
inforuied, as a State in w liich they should all be wealthy ; these
two difiicidties may be looked upon as correlative. It may very
rea(iil\ be admitted that the mass of the citizens are sincerely
disposed to prt)niote the welfare of their coimtry ; nay more, it
may even bo allowed that the lower classes are less apt to be
swayed by considerations of |)ersonal interest than the higher
orders; but it is always more or less imj)ossible lor them to dis-
cern the best means of attainiim; tl:e c\u\, w Inch they desire with
sincerity, ^^jonn" and patient observatJon, joined to iv multitude
of did'erent notions, is required to form a just estimate of the
character of a sinjile individual ; and can it be supposed that
the vuljiar have the power of succeedinp: in an incjuirv which
misleads the penetration of (genius itself ? ^; 'J 'he people has
neither the time nor the means which are essential to the prose-
cution ol" an investii;alion of this kind ; its conclusions are has-
tily Ibrnied ii'om a superficial inspection of the more prominent
features of a question. Hence it often assents to the clamor of
a mountebank, who knows the secret of stimulatini;- its tastes ;
whilst its truest friends frequently fail in their exertions.

Moreover, th(> democracy is not only deficient in that sound'
ness of judgment w hich is necessary to select men really deserv-
ing of its conlideuce, but it has neither the desire nor the inclin-

J\\

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1st

ntion to find them out. Tt cannot ho denied tlmt demorratici
inslitiUions have a very strong? tendenev to promote the reeHnf?\
of envy in the human heart ; not so mueii heeause they anbrd \
to every one the means ot* risinu; to liic h'vel of any of his fellow- I
citi'/.eiis, as IxM-ause those means ,)er|)etiially disa|)])oint the per-
sons who employ them. |l)emo(r»fic institutions awaken and/
f(»ster a passion for e(|uality wiiieh they can never entirely satisfy.
This eomplete ecpiality eludes the fjrasp of the people at the'
very moment wITuh it thinks to hold it fast, and " Hies," as
Pascal says, " \\ith eternal (liuht" ; the people is exeited in the j
jiursuit of an advantaiic, whieh is the more precious heeause it is \
not su/iicienlly remote to he unknown, or sufliciently near to he
enjoyed. 'The lower orders are aaitated hy the chance of suc-
cess, they are irritated hy its uiu'ertainty ; aiul they pass from
the emhu.^iasm of pursuit to the exhaustion of ill-success, and i
lastly to the acrimony of disa|)pointment. Whatever transcends i
their own limifs apj)ears to In; an ohstade to their desires, and '
there is no kind ol' superiority, however legitimute it may he,
which is not irksome in their sit;ht.'

Jt has been sup|)osed that the secret instinct, which leads the
lower orders to renu)ve their superiors as much as possible from
the direction of |)ul)lic affairs, is peculiar to France. 'J'his,
however, is an error ; the propensity to which I allude is not
inherent in any particular nation, hut in democratic institutions
in general ; and alth()ui;h it may have been heij:;htencd by pecu-
liar political circumstances, it owes its oriijcin to a hii;her cause.
In the liiited States, the peoj)le is not dis|)osc(l to hate the
superior classes of society ; but it is not very favorably inclined
towards them, aiul it carefidly excludes them from the exercise of
authority. It does not entertain any dread of distinguished
talents, but it is rarely captivated by them ; and it awards its
approbation very sparingly to such us have risen without the
popular support.

Whilst the natural propensities of democracy induce the peo-
ple to reject the most distinguished eitiz-ens as its rulers, these
individuals are no less a|)t to retire from a political career, in
which it is almost impossible to retain their independence, or to
advance without degrading themselves. This opinion has been
very caiulidly set forth by Chancellor Kent, who says, in speak-
ing with great eulogium of that part of the Constitution which
empowers the executive to nominate the judges : " It is indeed
probable that the men who are best fitted to discharge the duties
of this high oflicc would have too much reserve in their manners,

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182

and too miicli austerity in their principles, for them to be returned
by the majority at an election where iniiversal suflrajye is adopt-
ed." .^luh >^ere the opinions which were printed without con-
tradiction in America in tlie year 3830 ! r-^
I Jioid it ^o be sufliciently demonstrated, that universal suf- /
frac;'e is by no means a iz:uarante'j of the wisdom of the popular ~{
choice ; and that wiiatever its advantages mfiy be, this is not
one of them. >

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1 1.

CAUSES WHICH MAY PARTLY CORRECT THESE TENDENCIES

OF THE DEMOCRACY.

Contrary effects produced on jipnplos as well as on individuals by groat dangers.
— Why so many distingtiislK'd men stood at the head of alVairs in America
fifty years ago. — Inflnence wliicii the intelligence and the manners of" tiie peo-
ple e\ercise njion its choice. — Extunple of New Jlngland. — iStates of the South-
west. — Inthience of certain laws npoii the choice of the people. — Election by
an elected body. — Its cll'ects upon the composition of tiie Senate.

Whex a State is threatened by serious daiiG:ers, the peojde fre-
quently succeeds in selectint? tlie citizens ^^ho are the most able
to save it. Jt has been ol)served that man rarely retains his
customary level in presence of Acry critical circumstances ; he
rises auove, or he <iidvs below his usual comlition, and the stime
thing' occurs in nations at large. Iv\treme ])eri!s sometimes
quench the eiu'rgy of a people instead of stimulaling it; they
excite without directing its passions ; and instead of clearing,
they confuse its ])owers of jjcrception. The Jews deluged the
smoking ruins of tlicir temple Mith the carnaue of the remnant
of their host. lUit it is more common, both in the ctise of na-
ticMis and in that of individuals, to lind extr:ionlinary virtues
arising from the veiy iunninence of the diinger. (Ireat charac-
ter< are then thrown into relief, as tlie e(hlices which -are con-
cealed by the gloom of night, ar(> ilhnnintited by the glare of a
conflagration. At those dtuigeroiis times genius no longer ab-
stains from [)resenting itself in the arena; and the peoj)le, alarm-
ed by the perils of its situation, buries its envious j)assions in a
short »)blivion. (h'eat names may then be drawn irom the urn
of election.

J have already observed that the American statesmen of the
present day are very interior to those who stood at the head of

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183

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affairs fifty years an'o. This is as much a consequence of the
circumstances, as of the laws of the country. When America
was struiygliui;; in the hijj^h cause of independence to throw off
the yoke of anotiier country, and wiien it was about to usher a
new nation into the workl, the spirits of its inhabitants were
roused tu the height wliich their i^rcat ellbrts required. In this
p:eneral excitement, tiie most distini;uisiied men were ready to
forestall the wants of the comnnniity, and tlie people clung; to
them for support, and j)laced them at its head. But events of
this magnitude are rare ; and it is from an inspection of the
ordinary course of affairs that our judgment nuist be formed.

If passing occurences sometimes act as checks upon the pas-
sions of democracy, the intelligence and the manners of the com-
munity exercise an influence which is not less powerful, and far
more permanent. This is extremely perceptible in the United
{States.

Ii,' New England the education and the liberties of the com-
nnniities Avere engendered by the moral and religious ])rinciples
of their founders. \\ here society has acquired a suflicient de-
gree of stability to enable it to hokl certain maxims and to retain
fixed habits, the lower orders are accustomed to resi)ect intellect-
ual superiority, and to sid)init to it without comj)laint, although
they set at nought all those privileges which wealth and birth
have introduced among mankhid. The dc nocracy in New
England consequently makes a more judicious choice than it does
elsewhere.

But as we descend towards the f^outh, to those States in which
the constitution of society is more modern antl less strong, where
instruction is less general, and a\ here the principles of morality,
of religion, and of liberty are less hapjniy combitu'd, we perceive
that the talents and the virtues of those who are in authority be-
come more and nu)re rare.

Jiastly, when we arrive at the new South-western States, in
which the constitution of" >oci(!t\ dates but from xesterdax , and
presents an agglomeiation of adventurers and specidators, we
are amay.ed at the persons who are invested with pul)lie author-
ity, ami we are led to ask by what force, indejiendeut of the le-
gislation and of the men who din^-t it, the State can be protected,
and society be made to flourish.

There are certain laws of a democratic nature uhich contri-
bute, nevertheless, to correct, in some MeaMi.t, the dangerous
teiulencies of democracy. On entering the House of Kepresen-
tutives of Washington, one is struck by the vulgar demeanor

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184

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of that great assembly. The eye frequently does not discover a
man of celebrity within its walls. Its members are almost all
obscure individuals whose names present no associations to the
mind : tliey are mostly village-lawyers, men in trade, or even per-
sons belonging to the lower classes of society. In a country in
which education is very general, it is said that the representatives
of the people do not always know how to write correctly.

At a few yards' distance from this spot is the door of the
Senate, which contains within a small space a large proportion
of the celebrated men of America. Scarcely an individual is to
be perceived in it who does not recall the idea of an active and
illustrious career : the Senate is composed of eloquent advocates,
distinguished generals, wise magistrates, and statesmen of note,
whose language would at all times do honor to the most remark-
able parliamentary debates of Europe.

What then is the cause of this strange contrast, and why are
the most able citi/.ens to be found in one assembly rather than in
the other ? \V iiy is the former body remarkable for its vulgarity
and its poverty of talent, whilst the latter seems to enjoy a mo-
nopoly of ijitelligence and of sound judgment ? lioth of these
assemblies en^anate from the people ; both of them are chosen
by universal sullrage ; and no voice has hitherto lieen heard to
assert, in America, that the Senate is hostile to the interests of
the people. From what cause, then, does so startling a dif-
ference arise? The only reason which appears to me adequately
to account for it is, that the House of J{eprcsent;Uives is elected
by the populace directly, and that the Senate is elected by elect-
ed bodies. The whole body of the citizens names the legislature
of each State, and the Federal Constitution converts tiiese legis-
latures into so many electoral bodies, which return the members
of the Senate. The senato. »are elected by an indirect applica-
tion of universal suffrage ; for the legislatures which name them
are not aristocratic or privileged bodies which exercise the elec-
toral franchise in their own right ; but they arc chosen by the
totality of the citizens ; they are generally elected every year,
and J^ew members may constantly be chosen who Mill emj)loy
their . ectoral rights in conformity with the w ishes of the public.
But ;;iis transmission of the poj)uiar authority through an as-
s'^;.ibly of chosen men, operates aii inipo'-tant change in it, by
■ efming its discretion and imj)roviiig the forms which it adojits.
Men who are chosen in this manner accurately represent the
majority of the nation which governs them ; but they represeut
the elevated thoughts wJiich are current in the comumnity, the

185

( i

generous propensities which prompt its nobler actions, rather
than the petty passions which disturb, or the vices which dis-
grace it.

The time may be already anticipated at which the American
Republics will be obliged to introduce the plan of election by an
elected body more frequently into their system of representation,
or they will incur no small risk of perishing m.iserably amongst
the shoals of democracy.

And here I have no scruple in confessing that I look upon
this peculiar system of election as the only means of bringing
the exercise of political power to the level of all classes of the
people. Those thinkers who regard this institution as the ex-
clusive weapon of a party, and those who fear, on the other
hand, to make use of it, seem tome to fall into as great an error
in the one case as in the other.

<i4 » im' Ml

^sts of
a dif-

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lected
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slature

Icii'is-

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jplica-

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by the

y year,

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an as-
it, by

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nt the
)resent
ty, the

INFLUENCE WHICH THE AMERICAN DEMOCRACY HAS EXER-
CISED ON THE LAWS RELATING TO ELECTIONS.

When elections arc rare, they expose tlie State to a violent crisis — When they
nre frequent, tiiey keep up a degree of feverish excitement. — Tlie Americans
have j)referred tlie second of these two evils. — Mutability of the laws. — Opin-
ions of Hamilton and JetTerson on this subject.

When elections recur at long intervals, the State is exposed
to violent agitation every time they take place. Parties exert
themselves to the utmost in order to gain a prize which is so
rarely within their reach ; and as the evil is almost irreni diable
for the candidates who fail, the conscqiietice of their disappoint-
ed ambition may prove most disastrous : if, on the other hand
the legal struggle can be repeated within a short space of time,
the defeated parties take patience.

When elections occur frequently, this recurrence keeps so-
ciety in a perpetual state of feverish excitement, and imparts a
continual instability to public affairs.

Thus, on the one hand the State is exposed to the perils of .
a revoUition, on the other to perpetual mutability ; the former
system threatens the very existence of the government, the latter •
is an obstacle to all steady and consistent policy. The Ameri-
cans have preferred the second of these evils to the first ; but they

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186

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t

were led to this conclusion by their instinct much more than
by their reason ; for a taste for variety is one of the character-
istic passions of democracy. An extarordinary mutability has
by this means, been introduced into their legislation.

Many of the Americans consider the instability of their laws
as a necessary consequence of a system whose general results
are beneficial. But no one in the United States affects to deny
the fact of this instability, or to contend that it is not a great
evil.

Hamilton, after having demonstrated the utility of a power
which might prevent, or which might at least impede, the pro-
mulgation of bad laws, adds, '* It may perhaps be said that
the power of preventing bad laws includes that of preventing
good ones, and may be used to ihe one purpose as well as to
the other. But this objection will have but little weight with
those who can properlyestimate the mischiefsof that inconstancy
and mutability in the laws which form the greatest blemish in
the character and genius of our governments." (Federalist,
No. 73.)

And again in No. 62 of the same work, he observes : " The
facility and excess of law-making seem to be the diseases to

which our governments are most liable The mischievous

effects of the mutability in the public councils arising from a
rapid succession of new members, would fill a volume ; every
new election in the States is found to change one half of the
representatives. From this change of men must proceed a
change of opinions and of measures which forfeit the resi)ect
and confidence of other nations, poisons the blessings of liberty
itself, and diminishes the attachment and reverence of the people
towards a political system which betrays so many marks of in-
firmity."

Jefierson himself, the greatest democrat whom the democracy
of America has as yet produced, pointed out the same evils.

*' The instability of our laws," said he in a letter to Madison,
** is really a very serious inconvenience. I think we ought to
have obviated it by deciding tliat a whole year should always
be allowed to elapse between the bringing iit 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 alteration in
it ; and if the circumstances of the case required a more speedy
decision, the question should not be decided by a simple ma-
jority, but by a majority of at least two-thirds of both houses."

187

PUBLIC OFFICERS UNDER THE CONTROL OF THE DEMOCRACY

IN AMERICA.

Simple exterior of the Aniericaii public otllcers. — No ofllcial costume. — All pub-
lic officers are remunerated. — I'obtical cousequeucea ol'tliia system. — No pub-
lic career exists in America. — Result of this.

Public officers in the United States are commingled with the
crowd of citizens; they have neither palaces, nor guards, nor
ceremonial costumes. This simple exterior of the persons in
authority is connected, not only with the peculiarities of the
American character, but with the fundamental principles of that
society. In the estimation of the democracy, a government is
not a benefit, but a necessary evil. A certain degree of power
must be granted to pidilic officers, for they would be of no use
witliout it. But tiie ostensible semblance of authority is by no
means indispensable to the conduce of affiiirs; and it is needlessly
oflensive to the susceptibility of the public. The public officers
themselves are well aware that they only enjoy the superiority
over their fellow-citizens which they derive from their author-
ity, upon condition of putting themselves on a level with the
whole commui»ity by their manners. A public officer in the
United States is uniformly civil, accessible to all the world,
attentive to all requests, and obliging in his replies. I was
pleased by these characteristics of a democratic government ;
and I was struck by the manly independence of the citizens,
who respect the office more than the officer, and who are less
attached to the emblems of authority than to the man who bears
them.

1 am inclined to believe that the influence which costumes
really exercise, in an age like that in which we live, has been a
good deal exaggerated. I never perceived that a public officer
in America was the less respected whilst he was in the discharge
of his duties because his own merit was set oil' by no adventitious
signs. On the other hand, it is very doubtful whether a ; ecu-
liar dress contributes to the respect which public characters
ought to have for their own position, at least when they are not
otherwise inclined to respect it. When a magistrate (and in
France such instances are not rare,) indulges his trivial wit at
the expense of the prisoner, or derides the predicament in which
a culprit is placed, it would be well to deprive him of his robes

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188

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of office, to see whether he would recall some portion of the
natural dignity of mankind when he is reduced to the apparel
of a private citizen.

A democracy may, however, allow a certain show of magis-
terial pomp, and clothe its officers in silks and gold, without
seriously compromising its principles. Privileges of this kind
are transitory ; they belong to the place, and are distinct from
the individual : but if public officers are not uniformly remune-
rated by the State, the public charges must be entrusted to men
of opulence and independence, who constitute the basis of an
aristocracy ; and if die people still retains its right of election,
that election can only be made from a certain class of citizens.
Wlicn a democratic republic renders offices which had for-
merly been remunerated, gratuitous, it may safely be believed
that that State is advancing to monarchical institutions ; and
wlien a monarchy begins to rcnmnerate such officers as had
hitherto been unpaid, it is a sure sign that it is approaching to-
wards a despotic or a republican form of government. The
substitution of paid <br unpaid functionaries is of itself, in my
opinion, sufficient to constitute a serious revolution.

I look upon tile entire absence of gratuitous functionaries in
America as one of the most prominent signs of the absolute do-
minion which democracy exercises in that country. All public
services, of vviiatsoever nature thoy may be, are paid ; so that
every one has not merely a right, but also the means of per-
forminii' them. Althousrh, in democratic States, all the citizens
are qualified to occupy stations in the Government, all are not
tempted to try for them. The number and tiie capacities of the
candidates are more apt to restrict the choice of electors than
the conditions of the candidateship.

In nations in which the ))rincipl(^ of election extends to every
place in the State, no political career can, properly speaking,
be said to exist. Men are promoted as if by chance to the
rank which they enjoy, and they are by no means sure of re-
taining it. The consequence is that in tranquil times public
functions olfer but lew lures to ambition. In the United States
the persons who engage in the perplexities of political life are
individuals of very moderate })ietensions. The pursuit of
weakh generally diverts men of great talents and of great |)as-
sions from the pursuit of power ; and it very frequently hap-
pens that a man does not undertake to direct the fortune of the
Siate until he has discovered his incompetence to conduct his
own aliairs. The vast number of very ordinary men who oc-

189

cupy public stations is quite as attributable to these causes as to
the bad clioice of the democracy. In the United States, I am
not sure that the people would return the men of superior abili-
ties who might solicit its support, but it is certain that men of
this description do not come forward.

ARBITRARY POWER OF MAGISTRATES* UNDER THE RULE OF
THE AMERICAN DEMOCRACY.

For what reason the arbitrary power of Magistrates is greater in absolnfe mon-
archies and in democratic republics than it is in Umited monarchies. — Arbitrary
power of the Alagistrates in New Enghmd.

In two dirtcrent kinds of government the magistrates exercise
a considerable degree of arbitrary power ; namely, under the
absolute government of a single individual, and under that of
a democracy.

This identical result proceeds from causes which are nearly
analogous.

In despotic States the fortune of no citizen is secure ; and
public oflicers are not more safe than private individuals. Tbe
sovereign, wbo has under his control the lives, the property,
and sometimes the honor of the men whom he employs, does
not scruple to allow them a great latitude of action, because he
is convinced that they will not use it to his prejudice. In des-
potic States the sovereign is so attached to the exercise of his
j)ower, that he dislikes the constraint even of his own regula-
tions ; and lie is well pleased that his agents should follow a
somewhat fortuitous line of conduct, provided he be certain
that their actions will never counteract his desires.

In democracies, as the majority has every year the right of
depriving the officers whom it has appointed of their power,
it has no reason to fear abuse of their authority. As the peo-
ple is always able to signify its wishes to those who conduct the
Government, it prefers leaving them to make their own exer-
tions, to prescribing an invariable rule of conduct which would
at once fetter their activity and the popular authority.

* I here used iie word Miisistratcs in the widest sense in whicli it can be
taiien ; I apply it to all the ollicers to whom the execution of the laws is en-
trusted.

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It may even be observed, on attentive conslJeratlon, that
under the rule ol' a democracy the arbitrary power of the Magis-
trate must be still greater than in despotic States. In the lat-
ter, the sovereign has the power of punishing all the faults with
which he becomes accjuainted, but it would be vain for him to
hope to become ac(|uainted with all those which are committed.
In the former the sovereign power is not only supreme, but it
is universally present. The American functionaries are, in
point of fact, much more independent in the sphere of action
which the law traces out for them than any public officer in
Europe. Very frequently the object which they are to accom-
plish is simply pointed out to them, and the choice of the means
is left to their own discretion.

In New England, for instance, the selectmen of each town-
ship are bound to draw up the list of persons who are to serve
on the Jury ; the only rule which is laid down to guide them
in their choice is that they are to select citizens possessing the
elective franchise and enjoying a fair reputation.* In France
the lives and liberties of the subjects would be thought to be
in danger, if a public ollicer of any kind was entrusted with so
formidable a right, in New England the same magistrates are
empowered to post the names of habittial drunkards in public-
houses, and to prohibit the inhabitants of a town from supply-
ing iliem with llquor.t A censorial power of this excessive
kind would be revolting to the population of the most absolute
monaichies; here, however, it is submitted to without diffi-
culty.

Nowhere has so much been left by the law to the arbitrary
determination of the magistrate as in democratic republics, be-
cause this arbitrary power is unattended by any alarming con-
sequences. It may even be asserted that the freedom of the
magistrate increases as the elective franchise is extended, and
as the duration o. the time of office is shortened. Hence arises
the great difficulty which attends the conversion of a democra-
tic republic into a monarchy. The magistrate ceases to be
elective, but In- 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 prescribes
the sphere in wliich public officers are to act, superintends all

* Sen tlift Act of 27tli Fobniary. iRirS. General Colloction of the Laws of
Massachusetts, vol. ii. p. '.VM. It should be added tiiut the jurors arc afterwards
drawn froiii these lists by lot.

t See Act of -^Sih February, 1787. General Collection of the Laws of Mas-
sachusetts, vol. i. p. '302,

191

J, that
Magis-
ihe lat-
Its with
him to
imitted.
, but it
are, in
' action
licer in
accom-
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h town-
to serve
,(le them
sing the
1 France
ht to be

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rates are

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i supply-
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absohite
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)lics, be-
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led, and
ice arises
Hemocra-
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irescribes
tends all

le Liuvs of
aflerwarcls

vs of Mas-

iheir measures. The cause of this may be easily detected. In
limited monarchies the power is divided between the king and
the people, both of whom are interested in the stability of the
magistrate. The king does not venture to place the public
oilicers under the control of the people, lest they should be
tempted to betray his interests ; on the other hand, the people
fears lest the magistrates should serve to oppress the liberties of
the country, if they were entirely dependent upon the Crown :
they cannot therefore be said to depend on either the one or the
other. The same cause which induces the king and the people
to render public oilicers independent, suggests the necessity of
such securities as may prevent their independence from en-
croaching upon the authority of the former and the liberties of
the latter. Tliey conseciuently agree as to the necessity of
restricting the functionary to a line of conduct laid down before-
hand, and they are interested in confining Inm by certain regu-
lations which he cannot evade.

INSTABILITY OF THE ADMINISTRATION IN THE UNITED STATES.

In America the public acts of a connnnnity frequently leave fewer traces than
tlie occurrences of a family. — Newspapers the only historical remains.— Insta-
bility of the administration prejudicial to the art of govoriunent.

The authority which public men possess in America is so brief,
and they are so soon commingled w ith the ever-changing popu-
lation of the country, that the acts of a community frequently
leave fewer traces than the occurrences of a private family.
The public administration is, so to speak, oral and traditionary.
But little is committed to writing, and diat little is wafted away
for ever, like the leaves of the fSibyl, by the smallest breeze.

The only histf)rical remains in the l nited States are the news-
papers ; but if a number be wanting, the chain of time is broken,
and the present is severed from the past. I am convinced that
in fifty years it will be more difficult to collect authenti-c docu-
ments concerning the social condition of the Americans at the
present day, than it is to find remains of the administration of
France during the Middle Ages; and if the Lnitcd iStates were
over invaded by barbarians, it would be necessary to have re-
course to the history of other nations, in order to learn anything
of the people which now inhabits them.

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The instability of the administration lias ponotratod into tlio
ha})its of tlio people : it even nppears to suit the p^eneral taste,
and no one eares for wliat occurred before liis time. No me-
thodical system is pursued ; no archives arc formed ; and no
documents are hrouiiht toij^ether when it would he very easy to
do so. Where they exist little store is set uj)on them ; and I
liave amonirst my papers several original public documents
which were ifiven to me in answer to some of my inquiries. In
America society seems to live from hand to mouth, like an army
in the field. Nevertheless, the art of administration may un-
doubtedly be ranked as a science, and no sciences can be im-
proved, if the discoveries and observations of successive fz;enera-
tions are not connected together, in the order in which they
occur. One man, in the short space of his life, remarks a fact;
another conceives an idea ; the former invents a means of exe-
cution, the latter reduces a truth to a fixed proposition ; and
mankind trathers the fruits of individual experience upon its way,
and ijradually forms the sciences. But the persons who con-
duct the administration in America can seldom alford any in-
struction to each other ; and when they assume the direction of
society, they simply possess those attainments which are most
widely disseminated in the community, and no experience pecu-
liar to themselves. Democracy, carried to its furthest limits, is
therefore prejudicial to the art of i^overnment ; and for this rea-
son it is better adapted to a people already versed in the con-
duct of an administration, than to a nation which is uninitiated
in public a/lhirs.

This remark, indeed, is not exclusively applicable to the
science of administration. Although a democratic government
is founded upon a very simple and natural principle, it always
presupposes the existence of a high degree of culture and en-
lightenment in society.* At the first glance it may be imagined
to belong to the earliest ages of the world ; but maturer obser-
vation will convince us that it could only come last in the suc-
cession of human history.

* It is needless to observe, tliati speak hereof the democratic form of govern-
ment as applied to a people, not merely to a tribe.

193

into the
il taste,
^o ine-
and no
oasy to
; and I
[•ninents
ics. In
in army
nay un-
bo ini-
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icli they
s a liict ;
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on ; and
I its way,
,ho ron-
l any in-
•cotion of
arc most
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this rea-
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to the
crnment

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CHARCES LEVIED BY THE STATE UNDER THE RULE OF THE
AMERICAN DEMOCUACY,

In nil coininnnitios citizcna divisible into throe clnsscs. — TTnhifs of ennh of these
f]as:<es in the direction of piihlic linuiices. — V\ liy piihlic expenditure must
tend to increase vvlien tiio people governs. — Whut renders llioextiaviigiinco of
a dciiiocracy less to be feared in Aiiierica. — Public expenditure under a de-
mocracy.

Before we can aflirm whether a democratic form of p:overn-
ment is o'conomical or not, we must establish a suitable standard
of comparison. The question would be one of easy solution,
if we were to attempt to draw a parallel between a democratic
republic and an absolute monarchy. The public expenditin'e
would be found to be more considerable under the former
than under the latter; such is the case with all free states com-
pared to those which are not so. It is certain that despotism
nuns individuals by preventing them from producing wealth,
much more than by depriving them of the wealth they have
produced : it dries up the source of riches, whilst it usually re-
spects acquired property. Freedom, on the contrary, engen-
ders far more benefits than it destroys ; and the nations wlticli
are favored by free institutions, invariably find that their resour-
ces increase even more rapidly than their taxes.

My present object is to compare free nations to each other ;
and to {)olnt out the influence of democracy upon the finances
of a State.

Cuminiinitles, as well as organic bodies, arc subject to cer-
tain fixed rules in their formation which they cannot evade.
They are composed of certain elements which are common to
them at all time? and under all circumstances. The people
may always be mentally divided into three distinct classes. The
first of these classes consists of the wealthy ; the second, of
those who are in easy circumstances ; and the third is composed
of those who have little or no property, and who subsist more
especially by the work which they perform for the two superior
orders. The proportion of the individuals who are included
in these three divisions may vary according to the condition of
society ; but the divisions themselves can never be obliterated.

It is cvrdcnt that each of these classes will exercise an influ-
ence, peculiar to its own propensities, upon the administration

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of the finances of the State. If the first of the three excln-
sively possesses the h'pfishuive |)o\vcr, it is probable that it will
not be sparing;' of the public finids, because the taxes which are
levit'd oil a hw^e fortune only tend to diminish the sinn of su-
perlluoiis enjoynient, and are, in point of <act, but little felt. [(
the second class has the power of inaUinf? the laws, it will cer-
tainly not be lavisli of taxes, because nothing- is so onerous as
a larj^e impost which is levied upon a small income. The gov-
ernment of the middle classes appears to me to be the most
(economical, though perhaj)s not the most enlifj,htened, and cer-
tainly not the most c;enerons, of free ffovernments.

But let ns now suppose that the lej^islative authority is
vested in the lowest orders: there arc two striking? reasons which
show that the tendency of the expenditure will be to increase,
not to diminish.

As the j:!,reat majority ol' those who create the laws are pos-
sessed of no property upon which taxes can be imposed, all the
money which is spent for the community appears to be spent to
their advanlai^e, at no cost of their own ; and those who are
possessed of some little property readily find means of regula-
ting^ the taxes so that they are burdensome to the wealthy and
profitable to the poor, although the rich are unable to take the
same advantage w hen they are in possession of the government.

In countries in which the poor* should be exclusively invest-
ed with the power of making the laws, no great aconomy of
public expenditure ought to be expected ; that expenditure will
always be considerable ; either because the taxes do not weigh
upon those who levy them, or because they are levied in such
a manner as not to weigh upon those classes In other words,
the government of the democracy is the only one under whicli
the power which lays on taxes escapes the payment of them.

It may be objected (but the argument has no real weight)
that the true interest of the people is indissolubly connected with
that of the wealthier portion of the cominnnity, since it cannot
but sufier by the severe measures to v. inch it resorts, lint is it
not the true interest of kings to render tl;>'ir subjects happy ; and
the triTC interest of nobles to admit recruits into their order on
suitable grounds? If remote advantages had power to prevail
over the passions and the exigencies of the moment, no such

* The word poor is used here, and tliroii^^boiit the remniiider of this chapter,
in a reliitivc, not in an ahsohiti? sense. Poor iiicn in Ameriea would often ap-
pear rich in comparison with the poor of l",iiroj)e ; hut tliey may with propriety
be styled poor in comparison witli their more atfluent countrymen.

! pxrln-
t it will
licli are
1 of su-
iV'lt. If
vill fer-
rous as
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lie most
and cer-

lority is
ns which
increase,

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spent to
who are
f regula-
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take the
crnment.
ly invest-
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195

thing as a tyrannical sovereign or an exclusive aristocracy
could ever exist.

Again, it may be objected that the poor are never Invested
with the sole power of making the laws ; but 1 n-ply, that w here-
ever universal sullrage has been established, the n)ajority of the
community unquestionably exercises ihij Icgislativ*; authority,
and if it be proved !hat the poor always constitute the majority,
it may be added, with perfect truth, that in the countries in
which they possess the ehictive franchise, they j)ossess the sole
power of making laws. JWtt it is certain that in all the nations
of the world the greater number has ahvavs consihied of those
persons who hold no property, or of those whose property is
iusudicient to exempt them from the necessity of working in order
to [)rocure an easy subsistence. I'niversal sullrage does there-
fore in point of fact invest the poor with the government of
society.

The disastrous influence which popidar authority niay some-
times exercise upon the fmances of a State, was ver}' clearly
seen in some of the democratic republics of antic|uity, in which
the public treasures was exhausted in order to relieve iutligent
citizens, or to sup|)ly the games and theatrical amusements of
the populace. It is true that the representative system was then
very imperfectly known, and that, at the present time, the influ-
ence of popular passions is less felt in the conduct of public
afl'airs ; but it may be believed that the delegate will in the end
conlbrm to the j)rinciples ol'his couaiiluents, and favor their pro-
pensities as much as their interests.

The extravagance of tlemocracy is, however, less to be dread-
ed in proportion as the people actpiires a share of |)roperty, be-
cause on the one hand the contributions of the rich are then less
needed, and on the other, it is more diliicult to lay on taxes
which do not ailect the interests of the lower classes. On this
account universal suflVage would be less dangerous in France
than in iLngland, because in the latter country the property on
which taxes may l)e levied is vested in fewer hands. America,
where the great majority of the citizens is possessed of some for-
tune, is in a still more favorable position than France.

There are still further causes which may increase the sum of
public expenditure in democratic countries. When the aris-
tocracy governs, the individuals who conduct the aliairs of State
are exempted, by their own station in society, from every kind
of privation : they are contented with their position ; power and
renown are the objects for which they strive; and, as diey are

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196

placed far above the obscurer throng ot' citizens, they do not
always distinctly perceive how the well-being of the mass ol'the
people ought to redound to their own honor. They are not in-
deed callous to the sull'erings of the poor, but they cannot feel
those miseries as acutely as if they were themselves partakers
of them. Provided that the people appear to submit to its lot,
the rulers are satisfied, and thev demand nothing furtlier from
the Government. An aristocracy is more intent upon the means
of maintaining its influence, than upon the ireans of improving
its condition.

When, on the contrary, the people is invested with the
supreme authority, the perpetual sense of their own miseries
impels the rulers ol* society to seek for perpetual ameliorations.
A thousand diflerent objects are subjected to improvement ; the
most trivial details are sought out as susceptible of amendment ;
and those changes which are accompanied with considerable
expense are more especially advocated, since the object is to
render the condition of the poor more tolerable, who cannot
I)ay for themselves.

Moreover, all democratic communities are agitated by an ill-
defined excitement, and by a kind of feverish impatience, that
engenders a multitude of innovations, almost all of whicli are
attended with exjiense.

In monarchies and aristocracies the natural taste which the
rulers have for power and for renown is stMnulated by the
promptings of ambition, and they are frequently incited by
these temptations to very costly undertakings. In democracies,
where the rulers labor under privations, they can only be court-
ed by such means as improve their well-being, and these im-
provements cannot take place without a sacrifice of money.
When a people begins to reflect upon its situation, it discovers
a 'Multitude of wants to which it had not before been subject,
id to satisfy these exigencies recourse must be had to the cof-
fers of the State. Hence it arises that the public charges increase
in proportion as civilization spreads, and that the imposts are
augmented as knowledge prevades the conmiunily.

The last cause which frequently renders a democratic gov-
ernment dearer than any other is, that a democracy does not
always succeed in moderating its expenditiux?, because it does
not understand tiie art of being (rconomical. As the designs
which it e'ltertains are li-e(jnenlly changed, and the agents of
those designs are more frequently removed, its undertakings
are often ill conducted or left unfinished : nn the former case the

197

lo not
of the
lot in-
ot feel
•takers
its lot,
r from
means
roving

ith the
niseries
'ations.
nt ; the
Iment ;
derable
>ct is to
cannot

y an ill-
ice, that
are

inch the
l)y ilie
iteil bv
crarics,
|c court-
lese im-
nioncy.
liscovers
subject,
the cof-
ncrease
sts are

tic g;o\-
loes not

it does
Jdesiiins
Icnts of
[taUings

:ase the

State spenr urns out of all proportion to the end ,vliich it
proposes to iccomplish ; in the second, the expense itself is
unprofitable.

TENDENCIES OF THE AMERICAN DEMOCRACY AS REGARDS
THE SALARIES OF PUBLIC Oi> FICERS.

In (loiiiocrnriosi tliosc wlio esfahllsh high s!»l;irie.s have no chance of profiting hy
tlicm. — 'I'ciidoticy of tlie AiniM'icaii (leinncnicy to increase the sahiries of sub-
ordinate ollirers, and to lower those of the more important fiitictionaries. —
Reason ol" this. — Coini)araiive statement of the salai^es of puhhc olHcers in
the United States and in France.

There is a j)owcrfiil reason which usually induces democracies
to a'conomi/.o upon the salaries of public officers. As the num-
ber of citi/.cns who dispenso the remuneration is extremely larjye
in democratic countries, so the nuniber of persons who can hope
to bo benefited by llie recc^ipt of it is comparatively small. In
aristocratic coi'iitries, on the contrary, the individuals who ap-
point hiu,h salaries have almost always a vaij^ue hope of j)rofiting
by them. These aj)pointments may be looked uj)on as a capital
which they create for their own use, or at least as a resource for
their children.

It must however be allowed that a democratic State is most
})arsimonious towards its principal ayents. In Aniv .'ica the se-
condary officers are much better paid, and the diynitaries of the
administration imicii worse than they are elsewhere.

These opposite effects restdtfroin the same «'ause : the people
fixes the salaries of the j)ul)lic officers in both cases ; and the
scale of remuneration is determined by tlie consideration of its
own wants. It is held lo be fair that the servants of the j)ublic
slioidd be j)laciMl in the san)e easy circumstances as the public
itself;* but when the (piestion turns u})on the salaries <)f the
threat officers of Sta^-, this rule fails, and clnince alone can
uuide the popular decision. The poor have no adequate con-
ception of the wants which the !iii;her classes of society may

* Tlie easy circtinistances in whicli secondary fnnctionaries are placed in the
I'll led "t^'li's, result also iVom another cause, which is indo|)en(lcnt of the gene-
ral ttMulencies of democracy : every kind of private hnsiness is ve>- liii;ralive,
and tile State wonlu .lot he served at all if it did not jiay its servai" . The conn-
♦•y is in the posiiioi: of a connnercial nndertidiinir, whicli is obliged to suiitaiii au
expensive competition, notwithstanding its taste for ojconomy.

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feel. The sum which is scanty to the rich, appears enormous
to the poor man, whose wants do not extend beyond the neces-
saries oflile: and in his estimation the (iovcrnor of a iState with
his two or three liundrcd a year, is a very fortunate and enviable
beini!;-.* If you undertake to convince him that the representative
of a trroat people ong:ht to be able to maintain some show of
splendor m the (jyes of foreit^n nations, he will j)erhaps assent
to your meaning:; but when he reflects on his own humble dwell-
inp:, and on the hard-earned ])roduce of his wearisome toil, he
remembers all tiiat ho could do with a salary wliich vou say is
insurticient, and he is startled or almost frightened at the sifjht
of such uncommon wealt!; . Besides, the secondary public officer
is almost on a level with the people, whilst the others are rai. .'d
above it. The former may therefore excite his interest, but the
latter beg^ins to arouse his envy.

This is very clearly seen in the United States, where the
salaries seem to decrease as the authority of those who receive
them augments. t

Under the rule of an aristocracy it frequently hap|)ens, on
the contrary, tha. whilst the high ollicers are receiving munifi-
cent salaries, thj inferior ones have not more than enough to
procure the necessaries of life. The reason of this lactis easily
discoverable from causes very antUogous to those to which 1

(•QUI
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* The State of Ohio, which contains a niilhon of inhabitants, gives its Gover-
nor a salary of only 1^00 dollars (tiliO/.) a year.

t To rtMidor fliis assertion pcrlbctly evidiMit, it will sntllco to examine the scalo
of salaries of the ajrents of the Federal (ioverniniMit. I have added tiie salaries
iittaclied Ui the corresiioiiding ollicers in France, to complete the comparison.

UNITED STATES.

Trcasunj Drpartnunt.

Messenjrer, . . § 7i10
Clerk with lowest salary, KJOO

Clerk with highest salary, IGOO 347

FKANCK.

Ministerc dcs Finonris.

15(1/. Ilnissier . l.jU()fr. G: /.

217 Clerk with lowest

salary. 100 i to l-'OO fr. 40 to 7-i

Clerk with liin-||,.st

salarv, ;{.'0(l to :M)0 fr. 1*28 to 144
Secrel.'iire-Kener.d, '20,000 fr. HOO

The Minister, HO,0(i(l fr. liv'OO

TIk! King, 1-^,000,000 fr. 4d0,000

1 have ])erha|)s done wrong in selecting Trance as my standard of comparison.
In Trance the Deniocratie tend('ncii;s of ihc! nalioi: exercise an ever-increasiii;^
inllnence upon the (jov<'rnment, iind the Chandlers i^l'ow a dispcisiiion to raisn
the low salaries and to lovvi-r the iirincijJid ones. 'I'hiis the Mimster of I'inance,
who received KiO, 000 fr. under tlie empire, recelvi's rjj, ()()() fr. in 183'): the Di-
rectenrs-tieneraux of Finance, who then received 50,000 fr., now receive only
20,000 fr.

Chief Clerk.

2000 434

.Secretary of State,

. (iOiO 1300

The President,

25000 5400

lormoiis
e neces-
ate with
enviable
lentative
sliow of
s assent
le dwell-
toil, lie
a say is
he sight
ic odicer
re rai...'(l
, but the

there the
o receive

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r nuuiifi-
uough to
;tis easily
which 1

9 its Gover-

iifi ihn scalt;
tilt! salaries
iparison.

KV'S.

)1V.

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40 to 72
iHto 141

:•.•,'( 10

4f:i0,UO0

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-iiicrea^iii;,'
im to raisi!
)f I'iiiaiK'c,
k.-)-. the 1)1-
jceive ouly

199

have just alluded. If a democracy is unable to conceive the
pleasures of the rich, or to witness them without envy, an aris-
tocracy is slow to understand, or, to speak more correctly, is
unacquainted with the privations of the poor. The poor man
is not (if we use tiie term aright) the fellow of the rich one ;
but he is a being of another species. An aristocracy is there-
fore apt to care but little for the fate of its subordinate agents :
and their salaries are only raised when they refuse to perform
their service for too scanty a remuneration.

It is the parsimonious iconductof democracy towards its prin-
cipal olUcers, which has countenanced a supposition of far more
ceconomical propensities than any which it really possesses. It
is true that it scarcely allows the means of honorable subsist-
ence to ''c individuals who conduct its alVairs ; but enormous
sums are lavished to meet the exigencies or to facilitate the en-
joyments of the people.* The money raised by taxation may
be better employed, but it is not saved. In general, democracy
Cfives largely to the communitj^, and very sjiaringly to those
V M') govern it. The reverse is the case in aristocratic coun-
where the money of the State is expended to the profit of
tlie persons who are at the head of aA'airs.

DIFFICULTY OF DISTIXGUISHING THE CAUSES WHICH CO^'TRI-
BUTE TO THE (T.CON'OMY OF THE AAIERICAN GOVERMMEXT.

We are liable to frequent errors in the research of those facts
which exercise a srriotts influence upon the fate of mankind,
since nothint^ is more difficult than to appreciate their real value.
One people is naturally inconsistent and enthusiastic ; another
is sober .J ' lioidating ; and these characteristics originate in
their pl'v ' c. nstitution, or in remote causes with which we
are unacqua, t d.

There are n<uiuns which are fond of parade and the bustle
of festivity, and which do not regret the costly gaieties of an

* See the Ameiican Bndjjets for the cost of i. 'hpeiit citizens and frratnitoiis
instruction. In l^*:?!, 50, (100/. were spt'iit in the State of Kew York for the
iiiainteniince of the poor : and at least 'JOO 000/ were devo'cd to gratniticiis in-
struction. (Williams's New York Annual Register. \)^'^2, pp. ^O.") and 24:5.) The
State of New York contained only 1.1)110,000 inhabitants in the year \SM): which
is not !i. than double the amount of population in the Department du NorU in
Francv-

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hour. Others, on the contrary, are attached to more retiring-
pleasures, and seem ahnost ashamed of appearing to be pleased.
In some countries the highest value is set upon the beauty of
public edifices ; in others the productions of art are treated
with indill'erencc, and everything which is unproductive is
looked down upon with contempt. In some renown, in others
money, is the ruling passion.

Independently of the laws, all these causes concur to exer-
cise fi very powerful inlluence upon the conduct of the finances
• of the State. \]f the Americans never spend the money of the
Ipeople in galas, it is not only because the imposition of taxes
is under the control of the people, but because the people takes
no delight in public rejoicings. I If they repudiate all ornament
from their architecture, and seTno store on any but the more
practical and homely advantages, it is not only because they
live under democratic institutions, but because they are a com-
mercial nation. The :•' it* of private life are continued in
public; and we ought ' * dly to distinguish that a-conomy
which depends upon their stitutions, from that which is the
natural result of their manners and customs.

WHETHER THE EXPEXDITURE OF THE UNITED STATES CAN BE
COMPARED TO THAT OF FRANCE.

Two points to be cstahlislied in order to estinmte tiic oxtOTit of the |)iil)liccliar£;f's,
viz. the national weaitli, ami the rate of taxation. — 'I'iie wealth and the char<reH
of Franre not accnrately iinown. — Why the wealtli and cii.-nges of the Union,
cainiot be ;icciirately known. — Researches of theaiitiior with a view to discovt.
the amount of ta.xation in I'ennsylvania. — <«eneral symptoms wiiicli may serve
to iiKhcate the amount c'^ the public charges in a given uution. — Result of this
investigation for the Union.

Many attempts have recently been made in France to compare
the public ex|)enditure of that country with the expenditure of
the United States ; all these attempts have, however, been un-
attended by success; and a few \\ords will suffice to show that
they could not have had a satisfactory result.

In order to estimate the amount of the public charges of a
people, two preliminaries are indispensable: it is necessary, in
the first place, to know the wealth of that people ; antl in the
second, to learn what portion of that wealth is devoted to die
expenditure of the State. To show the amount of taxation

201

without showint": the resources wliicli ;uv dostiiipfl to meet the
(lomand, is to uiulertako a futile lal)or ; for it is not the ex-
penditure, hut the relation of the expen(Uture to the revenue,
wiiich it is desirahle to know.

The same rate of taxntion which uiny easily he supported by a
wealthy contributor, will reduce a poor one to extreme misery.
The wealth of nations is composed of several distinct elements,
of which })opulation is the first, real property the second, and
personal property the third. The first of these three elements
may he discovered without didiculty. Amonust civilized nations
it is easy to obtain an accurate eensus of the inhabitants ; but
the two others cannot be determinetl with so much fac ilitv. It
is diflicult to take an exact account of all the lands in a country
which are under cultivation, with their natural or their accpiired
value ; and it is still more impossible to estimate the entire per-
sonal property which is at the disjKisal of a nation, and which
ehules the strictest analysis by the diversity and number of
shajies uiuler which it may occm*. And, inck'c^l, we find that the
most ancient civilized nations of l^uro])e, including; even those
in which the administration is most central, have not succeeded,
as yet, in detcrmininu: the exact condition of their wealth.

In America the attemj)t has never been made ; tor how would
such an investiuation he possible in a country v. here society has
not yet settled into hahits of r<'aidarity and trau(iuillity ; where
the national Ciovernment is not assisted by auudtitudeof agents
whose exertions it can connnaml, and direct to one sole end ;
aiul where statistics are not studied, because no one is able to
collect the neces^iry documents, or to find time to peruse them.'*
Thus ihn primary elenients of the calculations which have
iK'en made hi Krauce, cannot be obtaiiu'd in the Tnion ; the
relative wealth of the two countries is uidvuown : the property
of the former is not accin-ately deU'rmined, and no means exist
of conij)Utiug' that of the hitter.

1 consent tlu>refore, for tlu> sake of the discussion, to abandon
this necessary term of the comparison, and I conline myself to
a coni})utation of the actual amount of taxation, without inves-
tigatini;: the relation which subsists between the taxation and
the revenue. But the reader will j)erceive that my task has
not been facilitated by the limits which I here lay down lor my
researches.

It cannot ])e doubted that the central administration of France,
assisted by all the public officers who are at its disjiosal, mij^ht
determine with exactitude the amount of the direct and indirect

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taxes levied upon the citi/eiis. But this jtivestigation, which no
private inclivithinl can undertake, has not iiitlierto been completed
by the French (Joveninient, or, at least, its results have not been
made public. We are acquainted with the sum total of the
State ; " e know the amount of the departmental expenditure ;
but the expenses of the connnunal divisions have not been
computed, and the amount of the j)ublic expenses of France is
unknown.

If we now turn to America, we shall perceive that the difii-
culties are multiplied and enhanced. The Union ptiblishes an
exact return of the amount of its expenditure ; the budgets of
the four-and-twenty Slates furnish similar returns of their rev-
enues ; but the expenses incident to the allairs of the counties
and the townships are urdvnown.*

Tlio authority of the Federal Government cannot oblige the
provincial Governments to throw any light upon this point;
and even if tlu'se Goveriunenls were inclined to ad'ord tlieir
simultaneous co-operation, it maybe doubted whethei they pos-
sess the means of procuring a satisfactory answer. Independently
of the natural dillicidties of the task, the political organization
of the country would act as a hindrance to the success of their
eflbrts. The county and town magistrates are not a])poinled
by the authorifics of the State, and tliey are not subjected to
their control. It is therefore very allowable to suppose, that
if the State was desirous of obtaining the returns which we re-

* The Amcrirans, as we liavo seen, liavo four separate budgets; the Union,
the States, tlie Ci)niilii's. and the To\vnshij)s having each severally their own.
During my stay in America 1 made vwxy endeavor to discover tlie auionnt of the
puhl expenditure in the townships and counties of the principal Stales of the
Union, and I rc'adily obtained the hudge't of the larger townshijjs, but I found it
quite impossible to procure that of the smaller ones. I possess, however, some
documents relating to county expenses which, although nieomj)lel(!, are still <;u-
rious. 1 have to tliank Mr. Richnrds, Mayor of l'hiladcl[)liia. for the budgets of
thirteen of tin; counties of renn>ylvania, viz. I.ehanon, CeiUre, rranklin, I'ay-
ette, .Montgomery, Luzerne. Uauphin, liutli-r, Allegimny, Columbia. .Ndrtiiamp-
tou, Northumberland, and riiiladelphi. 'or the year \i^'.h. Their population at
tiiat time consisied of -lir).'J(i7 iuhabilam^. On looking at tht; map of I'ennsN I-
vania, it will \»\ seen that iheso thirteen counties are scattt.'red in every (hrection,
and so generally allected by the causes which usnaily intlueJice the condition of a
country, that they may (easily be supposed to furnish a correct average of the
financial state of ihecouuiies of Pennsylvania in general: and thus, upon recivon-
ing that the expenses of these counlies annnnited in the year \r^'M to about 7'i,
li.it/., o nearly 'An. for each iidiabitant, and ralcidaling that each of them cimtri-
butod in the same year about U)s. 'id toward the l;nu)n, and about li.s.tn the State
of Pennsylvani.i, it appears that they each contributed as t!!"ir share of all the
public expenses, (except those of the townships,) the sum of l().s 'M This cal-
culation is doubly incomplete, as it applie.s only to a single year and to one purl
of the public charges ; but it has at least the merit of not bemg conjectural.

203

qnire, its dcsip^n would be countoractcd by tbe neglect of those
subordinate ofllccrs whom it would be obliged to employ.* It
is, in point of fact, useless to inquire what the Americans might
do to forward this inquiry, since it is certain that thoy have
hitlierto done nothing at alL There does not exist a single indi-
vidual at the present day, in America or in Europe, who can
inform us what each citizen of tlie Union annually contributes
to the public charges of*the nation. t

* Tiiose wlio have attempted to draw a comparison between tlio expenses of
France and Aineiica, liave at once i)i;rc('ived that no siicli comparison conld be
drawn !)etwc(Mi tlie total cxpendiKn'C! of the two ronnlrie-!; but thnv liave endea-
vored to contrast detaclied portions of tliis expetulitnre. It may readily be sliown
that tills second system is not at all less dcfectivi; than the first.

]!' I attcm])! to compare the ['"rench budget wil!i the biidiret oCthe Union, itninst
be renuMnbercd that the latter embraces m neb (ewer objects than the central (iovern-
nient of the former country, and that the exjienditure nnisl consecpiently be nnicli
smaller. If I contrast the hndf^cts of the Dc-parlniciils lo those of the ."States which
constitnlo the I'nion, it must be observed, that as the |)ouer and coini(d exercised
by the States is much greater than that which is e.xerci.sed by the Departments,
tlieir expenditnre is also more considerable. As for the hii(i;;els (d'thc comities,
nothinii of tla; kind occurs in the I'rencli system of finance; Jind it is, af:a;n,
donblfnl wheliicr the correspondinj,' expenses slionld be refeired to the budget
of the .Slate or to those of the municipal divisions.

INFiinicipal expenses exist in both eonntries, but they are not alwavs analogous.
In .America tli(^ townships di-;(!hari.'e a variety of oilices which are reserved in
France to the Departments or to tlie Stale. It may, moreover, be asked, what
is to be nnderslood by tlie mnnicipal expenses of America. The orjjam/.ation of
the miiniiipal bodic's or lownsliips dill'ers in the several Slates: Are we to be
guided by what occurs in JN'ew iJij^land or in (Jeorjjia, in Pemisylvunia or in the
State of Illinois /

A kind of an ilogy may very readily bi! jierceived between certain bndgets in
tbe two eonntries : but as the elements of which they are compos(;<l always dif-
fer more or less, no fair cfmiparison can be ii'stiliiti'd between them.

t E\en if we knew the exact pecuniary coiilribniion of every French and
American ciii/.i^n lo ihc coffers of the Slate, we should onlv coiiie at a porti(ni of
the triuli. (ioveriinieiits do not only demand supplies oi' money, but they call
for personal servii'es, which may he looked npon as eipiivalent to a given snni.
'When a St.ite raises an army, besides the pav of the troops wiiich is furnished by
the entire nation, each soldier must give np his time, tin; value of which depeiuU
on the use he might m d<e ot" it il' he were not in the service. The same remark
applies lo till! militia: the citizen who is in ihe niililia devotes a certain pcntion
of valuable time lo the mainteiianee of the public peace, and he does in reality
siirrtMider lo the State ihosi? earnings which he is prevented from gainiiiir. i\Iaiiy
other instances might be cited in a.ldition lo these. The lioveriimeiits of Franca
and .America both levy taxes of this kind, which weigh U[)C/n the citi/etis; hut who
can estimate with ;iccnracy their re1ali\e amount in the two countries ?

This, however, is not the last of the diliiciiltie; which prevfMit us from eom-
parmg the expenditure of the riiimi with tint -if Fr.ince. The French (jovern-
nienl contracts certain obligations which tlo not exist in America, and rice versa.
Tlie French (ioveriimenl pays the clergy; in America the voluntary principle
prev.iils. In .America there is a legal provision for tin; poiu'; in France they arc
abandoned to the charity of tlie public. The French public ol'.icers are paid by
a fixed sal.irv: in America ihev are allowed certain perquisites. In France con-
tributions in kind take place on very lew roads; in America n[ion almost all the
thoroughfares: in the former country the roads are free to all travellers: iu the

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Hence we must conclndo, that it is no less diflicult to compar?
tlie sociiil (wpeiiditiuv, than it is to estimate the rehitive upaltli
of France and <>! An)eriea. 1 will even add, that it would be
daniieroiis to attempt this comparison ; tor when statistics are not
based iij)on com])ntations ^\hich are strictly accurate, they mis-
lead instead of t;iiidinii' ariiiht. The mind is easly imposed upon
by the false aO'ectatioii of exactitude, which prevails even in the
mis-statements of the science, and adopts with confidence the
errors which are a])parelled in the forms of mathematical truth.

We abandon, therelbre, our numerical investiu^ation, with the
hope of meetinj;' with data of another kind. In the absence of
positive documents, we may form an opinion as to the proportion
whicii the taxation of a people bears to its real prosperity, by ob-
servini;- wheljier its external ajipearance is llourishinn' ; whether,
after havinii' discharued the calls of the State, the poor man re-
tains the means of subsistence, and ill" rich the means of enjoy-
ment ; and wiiether both classes are contented with their position,
seeking' however to ameliorate it by perpetual exertions, so that
industry is ne\ er in want of capital, nor capital unemployed by
industry. The observer who draws his inferences from these
signs will, undoubtedly, be led to the conclusion, that the Amer-
ican of the United States contributes a nuu'h smaller portion of
his income to the State than the citizen of France. Nor, in-
deed, can the result be other\\i>e.

A j)ortion of the I'rench debt is the consequence of two suc-
cessive iuNasions ; :;iid the I iiicn has no similar calamity to
f-'ar. A nation jilaceii upon (lie continent of Furope is ol)Iigeil
to maintain a large standing army; the isolated position of the
Fnion enabk's it to have only (),00U soldiers. The French
have a licet of oOO sail ; t!te Americans have 52 vessels.* How,
then, can the iidiabitant of the Fnion be called ujion to con-
tribute as largely as the inhabitant of France? No parallel can
be drawn between the fmanccs of two countries so dillerently
situated.

It is by examining what actually takes place in the I'nion,
and not by comj)aring the I'nion with France, that we may dis-
cover wheth(>r the American dovermnent is really ceconomical.

Inltor fuiiipikps aboiiiid. All these (lilTorcucns in manner in wliirh oontiil)ntion3
are lnvicd in llio two tonntiics, ciiliMnct,' the diliiciiliy of c'oin|Kirinjr tlu'ir t>\|)fn-
diture; fur tlicio iiic r.cil.iin cxiicnscs wliicli the citizens vvoiilfl not be suhjictpd
to, or which would at any rate he niiieli less considerable, if the State did not
tale upon itsilCto act in the name oCthe piii.lic.

* fjee t!io details in the Budget nf tl;e French Minister of Marine ; and for
America, the IVatioiial CalenUar of lUSo, j). 22±

205

iiion,
oniical.

On castins? my eyes over the didorent republics which form the
conft'doratiou, I perceive that their (iovcruments lack jjersovcr-
ancc ill their iin(k'rtakiniz;s, and that they exercise no steady
control over the men whom they employ. Whence I naturally
infer, that they must olien sp(>nd the money ol" the i)eoplc to no
purpose, or consume more of it than is really necessary to their
undertakinp,s. (Ireat ellbrts are made, in accordance with tiie
democratic oria;in of society, to satisfy the exigencies of the
lower orders, to open the career of power to their endeavors,
and to (hffnse kimwknli^e and comfort amontrst them. The
poor are maiiUained, immense sums are annually devoted to
pid)lic instruction, all services whatsoever are renumerated, and
the most suhorthnate aiivnts are liberally paid. \t' this kind of
uover.MnKMit appears to m;' to be usefid and rational, I am never-
theless constrained to adnfit that it is expensive.

Wherever the poor direct public allairs ami dispose of the
national resource's, it appears c(>rtain, that as they profit by the
expenditure jf the State, they are apt to augment that expen-
diture.

1 conclude therefore, without having recourse to inaccurate
computations, and without ha/.ardiiig a comparison which might
prove Incorrect, that the democratic government of the Ameri-
cans Is not a cheap government, as is sometimes asserted : and
[ liave no hesitation In jiredlcting, that if the people of the
United States Is ever involved in serious dKHculties, its taxation
will speedily be Increased to the rate of that which prevails In the
greater part of the aristocracies and the monarchies of Europe.

CORRUPTtON A\D VICES OF THE RULERS IX A DEJIOCRACY,
AND CONSEQUENT EFFECTS UPON PUBLIC MORALITV.

In [irislorracios nilcrs soinotiiiios (Muleavor to corniiit tl\o jioople — Tn dcmocra-
ci(>s niliT-' lV('i|iiciil!v sliovv tliciiisi'lves to l)o corriipt. — In the roniicr their
vices arc directly jirejiidicial to the iiiorality ol" the people, — In the latter their
indirect inlliienee is titiil more pcn'iucious.

A DISTINCTION must bc made, when die aristocratic and the de-
mocratic principles mutually iineiiiii aualnst each other, as
tending to facilitate corrujition. Jn aristocratic noveriiments
the individuals w ho are placed at the iiead of allairs are rich
mt'u, who are solely desirous of power, lu deinucracies stutes-

V.Ct|ll'Ut«
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men arc poor, nntl tlioy hn\o tlioir (ortunos to ninko. Tlie con-
sonupiice is, tlmt in iiristocratic !*5tntrs \\\c rulers arc rnrcly neces-
sil)lo to corriiptioii, and Irnc; wry litllr (•ra\iiii!; for nionry ;
Mliilst tlu' r('\rrs(' is tlir case in (Icniocratic nations.

Pwit in aristocracies, as those who are desirous of arrivlnu: at
the liead of atlairs are possessed of eonsiderahle wealth, and as
the n inber of persons by whose assistance they may rise is
comparatively small, the liovernment is, if I uiay use the expres-
sion, put up to a sort of auction, in democracies, on the con-
trary, those uho are covetous of power are very seldom wealthy,
and the numbi-r of citizens who confer that power is extremely
great. Perhaps in democracies the nuu)l)er of men who might
be bought is by no means smaller, but buyers are randy to be
met with ; and, besirles, it would be necessary to buy so many
persons at once, that the attempt is rendered nniiator\.

Many of the men who have been in the adn)inistration in
France during the last forty years, have been ac<-use(l of making
their Ibrtuues at the expense of the State or of its allies ; a re-
proach which was rarely addressed to the public characters of
the ancient monarchy. IJut in Krauce the practice of bribing
electors is almost unknown, whilst it is notoriously and publiidy
carried on in I'iUgland. In the United States I nev(>r lieard a
man accused of spending his wealth in corrupting the populace ;
but J have often heard the probity ol" public oliicers (|ue>tioned ;
still more frecpiently have 1 heard their success attributed to low
intrimu's and immoral j)ractic(^s.

It', then, the men \\ho conduct the government of an aristo-
cracy sometimes (>ndeavor to corrupt tlie people, the heads of a
democracy are themsehc s corrupt. In the former case tlu mo-
rality of the peopI«> is directly assailed -, in the latter, an indirect
influence is exercised upon the j)eo])le which is still more to b(!
dread(Ml.

As the rulers of democratic nations are almost always exposed
to the suspicion of dishonorabh; conduct, they in some measure
lend the authority of the Cioverinnent to the base pra 'tices of
which they are accused. They thus allbrd an example which
must j)rove discouraging to the strugules of virtuous iiulepeu-
dence, and must l()ster the secret calculations of a vicious andd-
tion. Jf it be asserted that evil |)assions are displayed in all
raidis of society ; that they ascend the throne by hereditary
right ; and that despicable characters are to be met with at ihe
head of aristocratic nations as well as in the s|)here of u demo-
racy ; this objection has but little weight in my estimation. The

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207

rorrnption of mm wlio liavo casually n«^eii to power lias a coarse
and vidgar iMCcclioii in it, which nMidcrs it contauions to the inid-
titiulc. On the contrary, there is a kind of aristocratic relino-
mont, and an air of i;ran(leiir in the (le|)ravity of the great,
which (i'eqnently prevents it from s|)rea(liiii;- abroad.

'IMie people can never penetrate into the perplexiny labyrinth
of court imriyne, and it will always have dillicidty in detecting
the turpitude which lurks inuler el(,'iz:ant manners, r(>(ineil tastes,
and ii'racefid lantrnaf;e. lint to pillage the pul)lic purse, and to
vend the favors of the Stat(\ <u'e arts which the meanest villain

may compn

hend,

Old hope to ])ractice m liis turn.

In reality it is far less |)r(Judicial to witness the immorality of
the great, than to witness that innnorality which leads to great-
ness, in a democracy, private citizens see a man of their own
rank in life, who rises from that «)bscure position, and who be-
comes possessed of riches and of power in a few years: the
spectacle excites their surprise and their envy ; and they are led
to incpiire how the person who was yesterday their ecpial is to-
day their ruler. 'To attribute his rise to his talents or his virtues
is ini[)leasant ; for it is tacitly to acknowledge that they are them-
selves less virtuous and less tal<'>'»e(| than he was. They are
tliere(()re led (and iu)t unlre(|iiently then- «:i.Mijecture is a correct
one,) to impute his success mainly to some of his defects ; and
an odious niixtin-e is thus formed of the ideas of turpitude and
power, unworthiness and success, utility and dishonor.

EFFORTS OF WHICH A PliMOCUACY IS CAPABLE.

The Union lias only liii<l one strugglo iiitliorto for its existence. — Eutlinsiasiii at
the coinnienceiiieiit of llu; war.- Indill^rerire towards its dose. — Ditlieiilty of
establishini; niilitary eonscri|itioiior inii)ressinent of seamen in A mo.ica. — \Vliy
a democratic people is less capable of .sustained ellbrt than another.

1 HFRE warn the readier that T speak of a government which
implicitly follows the real desires of the people, and not of a
trovernment w liich simply commands in its name. TS'othing is so
irresistible as a tyramjical power connnanding in the name of
the people, because, whilst it exercises that moral influence which
belongs to the decisions of the majority, it acts at the same time
with the p/omptitudc and the tenacity of a single man.

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Tt is (IKiiciiIt to sity A\Iiiit (Icijitp of cxortion a dcMnocratir
tjovcniiiKiit niiiy \)v <'iip:il)!(> oC iiiakinn', at a crisis in tlic lii>t()rv
()(■ the nalioii. lint no t>r('at dcniocratic rrpiihru" has hitherto
existed in the uorhl. To style the oligarchy uhieh ruled over
FrjiMce, J7!*'), hy that name, uonhl he to olii-r an insidt to the
repnhhcan li)rni oC f;overnnient. The I'nited States ail'ord the
iirst example ot' the kind.

The American I'nion has now snhsistcd (()rhair a tentnry, in
the eonrse oC ^^hit•h time its e\isten('(! has only on<c heen
attacked, namely, durini;' the War of Indejjendence. At the
commencement ol" that lonn' uar, various occurrences took place
which hetokened an extraordinary /.eal lor the service of the coun-
try.* lint as the contest was proh)nii('d, symptoms ot' private
cu,<)(ism heucan to >ho\\ themselves. .No money was|)oin*<'d into
the j)ul)lic, treasury ; U u recruit-, could he raised to join the
arn)y ; the pe()j)le wished to ac(|uire inde|)en(lence, hu.t \\as\('rv
ill disposed to underiio the pri>ations l)\ which alone it could he
ohtalned. "Tax laws," says Hamilton in the Fe(lerali>t, (Xo.
.12,) " hav<» in yum heen multiplied ; new methods to enCorce
the collection have in vain heen tried ; the pidilic expectation
has heen unilormly disappointed ; and the treasuries of the
States have remained empty. The popular sy^tem of adminis-
tration iidierent in the nature of popular iiovernmeut, coincidini-'

ith tl

le real scarcitv ol monev nicident to a lanyiud and nmti-

lated state of trade, has hitherto dellated every experiment for
extensive collections, aiui has at leniith taught the dill'erent le-
gislatures the l()lly of attemptinu' them."

'J'he I nited States have not had anv serious war to mrry on
ever since that period. In order, there(()re, to appreciate the
sacrifices whi«h democratic nations may im|)ose upon themsehes,
we must wait luitil the American peoj)le is oljliged to put half
its entire income at the dis|)osalot" the (Jovernment, as was donf;
by the Kniilish ; or until it sends forth a twentieth part of its
population to the field of hatth-, as was done by i-'raiue.

\\i America the use of conscription is unknown, and men are
induced to enlist by bounties. The notions and habits of tlie
peo[)le of the I'nited States are so opj)osed to compulsory eidi.st-
ment, that 1 do not imagine it can vwr be sanctioned In the
laws. \\ hat is termed the conscri])tion in France is assuredly

* One of the inostsiiii^nlar of tliepe occurrences was the resohition which tlie
Americans took of temporarily abandoning tlie use of tea. 'I'liose who know
that men nsuaily cling more to iheir liabits llian to their hfe, will doubtless admire
this great and obscure sacrifice wliich was made by a whole people.

20D

the heaviest tax upon the population of that country ; yet how
could a f^reat continental war he carried on without it? The
Americans have not adopted the British impressment of seamen,
and they have nothintj; which corresponds to the French system
of maritime conscription ; the navy, as well as the merchant
service, is supplied by voluntary service. But it is not easy to
conceive how a people can sustain a u^reat maritime war, without
haviufj; recourse to one or the other of these; two systems. In-
deed, the Tnion, which has foufi^ht with some honor upon the
seas, has never possessed a very numerous (leet, and tlu; ecjuip-
)nent of the small number of American vessels has always been
excessively expensive.

r have heard American statesmen confess that the ['nion
will have prreat difficulty in maintainintj;^ its rank on the seas,
>\ ithout adoptinfj^ the system of impressment or of maritime con-
scrij)tion ; but the difficulty is to iiuluce the people, which exer-
cises the supreme authority, to siUjmit to imj)ressment or any
compulsory system.

It is incontestible that in times of danger a free people; dis-
plays far more energy than one which is not so. But I incline
to believe that this is more especially the case in those free na-
tions in which the democratic element preponderates. Dcmo-
ciacy appears to me to be much better adapted for tiic peaceful
■osiduct of society, or for an occasional efVort of remarkable
. igor, than for the hardy and j)rolonged endurance of the storms
which beset the political existence of nations. The reason is.
very evident ; it is enthusiasm which prompts men to expose
themselves to dangers and privations ; but they will not support
Uu>m long without reflection. There is more calcidation, even
in the impulses of bravery, than is generally attril)utc(l to them ;
and although the first efforts are suggested by passion, perse-
verance is nuiintained by a distinct regard of the purpose in
view. A portion of what we value is exposed, in order to sa^e
the remainder.

But it is this distinct perception of the future, founded upon
a sound judgment and an enlightened experience, which is most
frequently wanting in democracies. The populace is more apt
to feel than to reason ; and if its present sufferings are great, it
is to be feared that the still greater sufferings attendant upon
defeat will be forgotten.

Another cause tends to render the eflbrts of a democratic gov-
ernment less persevering than those of an aristocracy. Not only
are the lower classes less awakened than the higher orders to

1-.

S'!lA. HUM

210

the good or evil <-h<mccs of the iiitnre, but they are Hable to suf-
fer far more acutely from present })iivntions. The noble exjioses
his life, indeed, but the ehaneo of ii'lory is equal to the chance
of harm. If he sacrifices a large jjortion of his income to the
State, he deprives himself for a time of the pleasure of afHuence ;
but to the poor man death is embellished by no ponij) or renown ;
and the i nposts which are irksome to the ric!» are fatal to him.

This relative imi)otcnce of democratic republics is, perhaps,
the greatest obstacle to the I'oundation of a republic of this kind
m Europe. Jn order that such a state should subsist in one
country of the Old World, it would be necessary that similar in-
stitutions should be introduced into all the other nations.

I am of opinion that a democratic government tends in the
end to increase the real strength of society ; but it con never
conibine, ii})oii a single point and at a given time, so luudi power
as an aristocracy or a monarchy, if a democrp<ic •ountry re-
mained during a whole century subject to a rej)ublican govern-
ment, it would probably at the end of that period be more
populous and more prosperous than the neighboring despotic
States. But it w ould have incurred tiie risk of being conquered
much oftener than they would, in that lapse of3ears.

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SELF-CONTROL OF THE AMERICAN DEMOCRACY.

The American jieople ncquicsces slowly, or frcquenliy docs not acquiesce, in
v\iial is beneticial to its interests. — The faults of tlie Anieiicaii t'cniocn.cy aro
for the most part reparable.

The difllculty w liich a democracy has in conni'.ering the pas-
sions, and in subiluing the; exigencies of the moment, with a
view to the future, is cons[)icuous in the most trivial occiirreiu'es
in the Cuited States. The peojjiu which is surrounded by llat-
terers has ureat difiiculty In siu'mounting its inclinations ; and
\vhene\Oi-it is solicited to mid(Tgo a j)rivation or any kind of
in» onvenience, vww to attain an end wliicli is sanctioned b\ its
own rational conviction, it almost always refuses to comply at
first. The deli^rence of the Americans ;) the laws has been
very justly a|)plauded ; but it nmst be added that in America
the legislation is made by the |)eoj)le and for the people. Con-
sequently, in the I nited States, the law favors those classes
which are most interested in evading it elsewhere. It may

211

.r,i

therefore be supposed, that an ofiensive law, which should not
be acknov,'Iedp;r.'d to be one of immediate utility, would either
not be enacted or would not be obeyed.

In America there is no law ag'ain.':t fr^.vidulent bankruptcies ;
not because thev are few, but because there are a ffreat number
of bankruptcies. The dread of l)einu' j)rosecutod as a baidirupt
acts with more intensity upon the mind of the majority of the
peoj)le, than the fear of beinp; involved in losses or ruin by the
failure of other parties ; and a sort of t^uilty tolerance is extended
by the public ccMiscience, to an ofience which every one con-
demns in his individual capacity. In the New States of the
South-West, the citizens fi:enerally take justice into their own
hands, rnd murders are of very iVequent occurrence. This
arises f <im the rude manners nnd the icrnorance of the inhabitants
of those deserts, who do not i)erceive the utility of investinn; the
law with adequate force, and who prefer duels to prosecutions.
Souk? one observed to me one day, in Philadelphia, that al-
most all crimes in America are caused by the abuse of intoxicat-
iui^ fiquors, which the lower classes can procure in jxreat
abuiulance from their excessive cheapness. " IT(nv comes it,"
said I, "that you do not ])ut a duty upon brandy?" "Our lo-
p:islators," rejoined my informant, "have frequently thought of
this expedient ; but the task of putting- it in operation is a difti-
cult one : a revolt might be apprehended ; and the members
who should vote for a law of this kind would be sure of losing
their seats." " Whence I am to infer," rejjlied I, " that the drink-
ing j)opulation constitutes the majority in your country, and
that temi)erance is somewhat unjiopular."

When tliese things are pointed at to the American statesmen,
they content themselves with a^'^uring- you that time will operate
the necessary change, and that the (experience of evil will teach
the people its true intere>ts. This is fri^quently true : although
a demoerr.cy is more liabk" to error than a monarch or a body
of nobles, the chances of its regiuning the right path, when once
it has ;u"knowledged its mistake, are g:reater also ; l)ecause it is
ran>ly embarrassed by internal interests, which conllict with
those of the majority, and resist th(> authority of reason. But a
democracy can oidy obtain truth a> the result of (^xi'erience ;
aiid many nations may (in-feit tlu^r (>\istence, whilst they are
awaiting the cons(>qu«MUM>s of their errors.

The great j)rivilege of the Annricans does not simply con-i^t
in their I;;'ing more enlightened than other nations, but in their
being able to rei)air the faults they may commit. To which it

(^'

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212

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I

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must be added, that a democracy cannot derive substantial
benefit from past exjierience, unless it be arrived at a certain
pitch of kiiowlcdire and civilization. There are tribes and peo-
ples wliose education has been so vicious and whose character
presents so strange a mixture of passion, of ignorance, and of
erroneous notions upop. all subjects, that they are unable to dis-
cern the cause of their own wretchedness, and they fall a sacri-
fice to ills with which they are unacquainted.

I have crossed vast tracts of country that were formerly in-
habited by powerful Indian nations which are now extinct ; I
liave myscll' passed some time in the nidst of mutilated tribes,
which witness the dail}' decline of their numerical strength, and
of the glory of tlieir independence ; and I have hoard these 'n-
dians themselves anticipate the impending doom of their race.
Ever\ European can percei> e means which would rescue these
unfortunate beings from inevitable destruction. They alone are
insensible to the exjKMlient ; they feel the woe which yea- after
year heaps upon their heads, but they will perish to a man
without accepting the remedy. It would be necessary to employ
force to inthice them to submit to the protection and thv. con-
straint of civilization.

The incessant revolutions which have convulsed the South
American jn'ovinccs for the last quarter of a century have fre-
quently been adverted to with astonishment, and expectations
have been expressed that those nations would speedily return to
their natural state. But can it be aflirmed that the turmoil of
revolution is iu)t actually the most natural state of the South
Anuriciui Spaniards at the present time ? In that country society
is plunged into difiiculties from which all its cflbits are insufli-
ci(>nt to rescue it. The inhabitants of that fair poriiou of the
Western Hemisphere seem obstinately bent on pursuing the
work of inward havock. If they fall into a momentary repose
from tiie eticcts of exhaustion, that repose prepares them for a
fresh state of frenzy. When I consider their condition, which
alternates between misery and crime, I should be inclined to
believe that despotism itself would be a benefit to them, if it
were possible that the words despotism and benefit could ever
be united in my mind.

tl^

213

jtantial
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id peo-
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inct ; I

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idd ever

CONDUCT OF FOREIGN AFFAIRS BY THE AMERICAN

DEMOCRACY.

Direction given to the rorei,';n policy of the United States by Washington and
Jetleison . — Almost all the defects iiiiierent in den)ocratic institutions are brought
to light in the conduct of foreign aliairs. — Their advantages are less perceptible.

We have seen that the Federal Constitution entrusts the perma-
nent direction of the external interests of the nation to the Pre-
sident and the Senate* ; which tends in some degree to detach
the i^eneral foreign policy of die Union from the control of the
people. It cannot therefore be asserted, with trudi, that the
external a/lairs of state are conducted by the democracy.

The policy of America owes its rise to Washinii;ton, and after
him to Jellbrson, who established tliosc principles which it ob-
serves at the present day. Wasl!inii;ton said in the admirable
letter which lu; addressed to his fellow-citizens, and which may
be looked upon as his political bequest to the country :

" The u^reat rule of conduct for us in regard to foreign na-
tions is, in extending our commercial relations, to have with tliein
as little poUCctd connexion as possible. So far as we have al-
ready I'onned engagements, let them be fulfilled with perfect good
faith. Here let us stop.

" Europe has a set of nrimary interests, which to us have
none, or a very remote relation. Hence, she must be engnged
in fr. (i'UMit controA ersies, the causes of which are essentially
foreign to cm' concerns. Hence, therefore, it must 1 invise in
us to implicate ourselves, by artificial ties, in the ordinary vicis-
situdes of her politics, or the ordinary combinations and colli-
sions of her friendships or enmities.

"Our detached and distant situation invites and enables us to
j)ursue a diU'ereut course. If we remain one people, under an
eliicient government, the j)eriod is not far olfwhen we may defy
material injin-y from external annoyance ; when we may take
such an attitude as will cause the neutrality we may at any time
resolve upon to be scrupulously r(>spected ; when belligerent
nations, under die iinpossibihty of making acquisitions upon us,

* "The President," says the Constitution, Art. II., sect. 2, vS 2, " shall have
power, by and with the advice and consent of the Senate, to make treaties, pro-
vided two-thirds of the senators present concur." Tlie reader is reminded that
the senators are returned lor a term of six years, and that they are chosen by the
legislature of each iStute.

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M'ill not liirlitlv ha/nrd the giving- us provocation ; when we may
choose peace or war, as our interest, guided by justice, shall
counsel.

" ^\'hy forego the advantages of so peculiar a situation ? Why
quit our own to stand upon foreign ground ? Why, by inter-
weaving our destiny with that of any part of Europe, entangle
our peace and prosperity in the toils of European ambition,
rivalship, interest, humor, or cajjric ?

" It is our true policy to steer dor of permanent alliances
with any portion of the foreign world ; so tar, I mean, as we
are now at liberty to do it ; for let me not be understood as
capable of patroniziiii;- infidelity to existing engagements. I
hold the maxim no less applicable to jmblic than to private af-
fairs, that honesty is always tiie best jJoHcy. T repeat it, there-
fore, let those engagements be observed in their genuine sense ;
but in my opinion it is unnecessary, and would be unwise, to
extend them.

" Taking care always to keep oiu'sclves, by suitable establish-
ments, in a respectabk' defensive posture, we may safely trust to
temj)orarv alhances for extraordinary cmeriiencies."

In a previous part of the same letter, Washington makes the
following admirable and just remark : " The nation which in-
dulges towards another an habitual hatred, or an hal-itual loud-
ness, is in some dei!:reo a slave. It is a slave to its juiimosity or
its ali'cction, cither of which is sutiiclent to lead it astray from
its duty aufl its interest."

The j)oIitical conduct of Washington was always guided by
these maxims. JIc succeeded in maintaining his country in a
state of peace, whilst all the otluM* nations of the globe were at
war ; and he laid it down as a fimdamental doctrine, that the
true interest of the Anu'ricans consisted in a perfect neutrality
with regard to the internal dissensions of the European powers.

JelVcrson went still further, and hv itUroduced a maxim into
the policy of the Union, which atiirn)s, that " the Americans
ought never to solicit any privileges li-om foreign nations, in
order not to be obliixed to grant similar privileges themselves."

These two princlj)les, wliirh were so j)lain and so just as to
be adajited to the capacity of the [)0|)ulace, ha\ e greatly sim|)li-
fied the foreign policy of the Tnited States. As the I'nion take^
no part in the a/lairs of Eurojje, it has, pro[)erly sp(>aking, no
foreign interests to discuss, since it has at present no powerful
ne'ghbors on the American continent. The country is as much
removed from the passions of the Uld World by its position, as

iMl

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xiworful
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ition, as

215

by the line of policy which it has chosen ; and h is neither called
upon to repudiate nor to espouse the conflictinc^ interests of
Europe ; u liilst the dissensions of the New World are still con-
cealed within the l)Osom of the future.

The Union is free from all pre-existino; ol)]ic;ations ; and it is
consequently enabled to profit by the exjierience of the old na-
tions of Europe, without beinji' ol>li2:ed, as they are, to make the
best of the past, and to adapt it to their present circumstances ;
or to accept that immense inheritance which they derive from
their forefathers, — an inheritance of glory minij^led with calami-
tics, and of alliances condictinc^ with national antipathies. The
lbreii!:;n policy of the United States is reduced by its very nature
to await the chances of the future history of the nation ; and
lor the present it consists more in abstaining i'rom interference
than in exertinu; its activity.

It is therefore very didicult to ascertain, at present, what de-
gree of sagacity the American democracy will display in the
conduct of the foreign policy of the country ; and upon this
point its adversaries, as well as its advocates, must suspend their
judgment. As lor myself, J have no hesitation in avowing my
conviction, that it is most esjiecially in the conduct of foreign re-
lations, that democratic governments ajipear to me to be deci-
dedly inferior to governments carried on upon dilferent jirinci-
ples. Experience, instruction, and habit may almost always
succeed in creating a s[)ecies of practical discretion in democra-
cies, atul that science of the daily occurrences of life which is
called good sense. Good sense may sullice to direct the ordi-
nary course of society ; and amongst a people w hose education
has been j)rovi(led lor, the advantages of di^nocratic liberty in
the internal affairs of the <ountry may more thaii compensate
for the evils inherent in a democratic government. But such is
not always the cas(> in the nuitual relations of foreign nations.

Foreign politics dem;uul scarcely any of llu)se quulilies which
a democracy j)ossesses ; and they require, on the contrary, the
perfect use of almost all those faculties in which it is deficient.
Democracy is favorable to the increas(> of the internal resources
of a Slate; it tends to dilluse a moderate independence; it jn'o-
niotes the gro\^ th of public spirit, and (brtifies the respect wliich
is entertained for law in all classes of society : and these are
advantages which only exercise an indirect iniluence over the
relations which one peo|)le bears to another, lint a democracy
is unable to rc^gulatc the details of an important undertaking,
to persevere in u design, and to work out its execution in the

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presence of serious obstacles. It cannot combine its measures
with secrecy, fi"^! it ^^''" "o* await their consequences with pa-
tience. These are quahties which more especially belonj^ to an
individual or to an aristocracy ; and they are precisely the means
by which an individual people attains to a predominant position.

Ji] on the contrary, we observe the natural defects of aristo-
cracy, we shall find that their inlluence is comparatively innox-
ious in the direction of the external affairs of a State. The
capital fault of which aristocratic bodies may be accused, is that
they are more apt to contrive their own advantaj^e tlian that of
the mass of the people. In foreip;n politics it is rare for the
interest of the aristocracy to be in any way distinct from that
of the people.

The propensity Avhich democracies have to obey the impulse
of passion rather than the suggestions of prudence, and to aban-
don a mature desiirn for the c:ratification of a momentary ca-
price, was very clearly seen in America on the breaking; out of
the French Ikcvolution. it was then as evident to the simplest
capacity as it is at the present time, that the interest of the
Americans forbade them to take any part in the contest which
was ai)out lo deluge JMirope with blood, but which could In' no
means injure the welfare of their own country. Nevertheless
the sympathies of the people declared themselves with so much
violence in behalf of France, that nothing but the inflexible
character of Washington, and the immense popularity which
he enjoyed, could have prevented the Americans from declaring
war against England. And even then, the exertions, which
the austere reason of that great man made to repress the gener-
ous but imprudent passions of his fellow-citizens, very nearly
deprived him of the sole recompense which he had ever claimed,
— that of his country's love. The niajority then rej)rohated
the line of j)olicy which he adopted, and which has since been
unanimously approved by the nation.*

* Seo the fiflh volume of Marslinll's Life of Washington. " In a povnni-
nient constituted like that of the United Siates," he says, " it is irn[)Ossihie for
tlie chief magistrate, however firm lie may he, to oppose for any length of tinie
the torrent of [lopwlar opinion : and the |)revalent o|)inion of that day seemed to
incline to war. In fact, in the session of Congress held at the time, it was fre-
quently seen that Washington had lost the majority in the House of Representa-
tives." The violence of the language used agaiiis' him in public was extreme,
and in a political meeting they did not sernple to compare him indirectly to the
treacherous Arnold. " By the opposition," says IMarshall, " the friends of the
administration were declared to he an aristocratic and corrupt faction, who, from
a desire to introduce monarchy, were hostile to France, and under the influence
of Britain; that they were a paper nohility, whose extreme sensihilily at every
measure wiiich threatened the funds, induced a tame submission to injuries and
insults, which lite interests and honor of the nation required them to resist."

%'^

r-v

217

If the Constitution and the favor of the public had not entrusted
the direction of the foreign ati'airs of the country to Washinf?ton,
it is certain that the American nation would at that time have
taken the very measures which it now condemns.

Almost all the nations which have exercised a powerful in-
fluence upon the destinies of die world, by conceiving, following
up, and executing vast designs — from the Romans to the En-
glish — have been governed by aristocratic institutions. Nor
will this be a subject of wonder when we recollect that nothing
in the world has so absolute a fixity of purpose as an aristocracy.
'I'lie mass of the people may be led astray by ignorance or pas-
sion ; the mind of a king may be biassed, and his perseverance in
his designs may be shaken, — besides which a king is not immortal ;
— bnt an aristocratic body is too numerous to be led astray by the
blandishments of intrigue ; and yet not numerous enough to
yield readily to the intoxicating influence of unreflecting passion :
it has the energy of a firm and enlightened individual, added
to the power which it derives from its perpetuity.

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CHAPTER XIV.

WHAT THE REAL ADVANTAGES ARE WHICH AMERICAN SO-
CIETY DERIVES FROM THE GOVERNMENT OF THE DE-
MOCRACY.

Before I enter upon the subject of the present chapter, I am
induced to remind the reader of what I liave more than once
adverted to in the course of this book. The political institu-
tions of the United Slates appear to me to be one of the forms
of government which a democracy may adopt ; but I do not
regard the American Constitution as the best, or as the only
one which a democratic people may establish. In showing the
advantages which the Americans derive from the government
of democracy, I am therefore very far from meaning, or from
28

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believing, that similar advantages can only be obtained from
the same Jaws.

GENERAL TENDENCY OF THE LAWS UNDER THE RULE OF
THE AMERICAN DEMOCRACY, AND HABITS OF THOSE WHO
APPLY THEIVI.

Defects of a democratic government easy to be discovered. — Its advantnc:cs only
to be discerned by lon^ observation. — Deniocr.icy in America often inexpert,
but tbe jieiieni! tendency of the laws advantageous. — In tlie American demo-
cracy public otficers have no permanent interests distinctfrom those of the ma-
jority. — Kesult of this state of things.

The defects and the weaknesses of a democratic government
may very readily be discovered; they are demonstrated by the
most flaiirant instances, whilst its beneficial influence is less
perceptibly exercised. A single glance suflices to detect its
evil consequences, but its good qualities can only be discerned
by long observation. The laws of ihe American democracy
are frequently defective or incomplete ; they sometimes attack
vested rights, or give a sanction to others which are dangerous
to the community ; but even if they were good, the frequent
f:hanges which tlioy undergo would be an evil. How eomes
it, then, that the American republics prosper, and maintain
their position?

]n the consideration of laws, a distinction must be carefully
observed between the end at which they aim, and the means by
which they are directed to that end ; between their absolute,
and their relative excellence. If it be the intention of the legis-
lator to favor the interests of the minority at the expense of the
majority, and if the measures he takes are so combined as to
acconjplish the object he has in view with the least possible
expense of time and exertion, the law may be well drawn up,
although its purpose be bad ; and the more eliicacious it is, the
greater is the mischief which it causes.

Democratic laws generally tend to promote the welfare of
the greatest possible number ; for they emanate from a majority
of the citizens, who are subject to error, but who cannot have
an interest opposed to their own advantage. The laws of an
aristocracy tend, on the contrary, to concentrate wealth and

wmm

219

ned from

nULE OF
OSE WHO

intn^rcs only
;n inexpert,
ricjin denio-
:e of thenia-

vernment
led by the
cc is less
detect its
(lisccined
cmocracy
es attack
angeroiis
frequent
j\v comes
maintain

carefully
means by
absolute,
the le^is-
ise of the
led as to

possible
ravvn up,

it is, the

^ el fa re of
majority
Dot have
ws of an
alth and

power in the hands of the minority, because an aristocracy, by
its very nature, constitutes a minority. It may therefore be
asserted, as a general proposition, that the purpose of a demo-
cracy in the conduct of its legislation, is useful to a greater
number of citizens, than that of an aristocracy. This is, how-
ever, the sum total of its advantages.

Aristocracies are infinitely more expert in the science of le-
gislation than democracies ever can be. They are possessed
of a self-control w hich protects them from the errors of a tem-
porary excitement ; and they form lasting designs which they
mature with the assistance of favorable opportunities. Aristo-
cratic government proceeds with the dexterity of art ; it under-
stands how to make the collective force of all its laws converge
at the same time to a given point. Such is not the case with
democracies, whose laws are almost always inafteclive or inop-
portune. The means of democracy are therefore more imper-
fect 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 nature,
or by its constitution, that it can support the transitory action
of bad laws, and that it can await, without destruction, the
general tendency of the legislation : we shall then be able to
conceive that a democratic government, notwithstanding its de-
fects, will be most fitted to conduce to the prosperity of this
community. This is precisely what has occurred in the I. nited
States ; and I repeat, what 1 have before remarked, that the
great advantage of the Americans consists in their being able
to commit faults which they may afterwards repair.

An analogous observation may be made respecting public
officers. It is easy to pciTeive that the American democracy
frequently errs in the choiie of the individuals to whom it en-
trusts the power of the atlministration ; but it is more difiicult to
say why the State })rospers under their rule. In the first place
it is to be remarked, that if in a democratic State the governors
have less honesty and lest capacity than elsewhere, the govern-
ed on the other hand are more enlightened and more atteiitive to
dieir interests. As the people in democracies is more incessant-
ly vigilant in its affairs, and more Jealous of its rights, it pre-
vents its representatives from abandoning that general line of
conduct which its own interest prescribes, [n the second place
it must be remembered that if the democratic magistrate is more
apt to misuse liis power, he possesses it for a shorter period of

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time. But there is yet .anotlier reason whicli is still more c^eneral
and conclusive. It is no doubt of importance to the vvcllare of
nations tiiat they should be p,<)verned by men of talents and vir-
tue ; but it is perhajjs still more important that tlie interests of
those men should not diller from the interests of the comnunuty
at larp:e ; for if such were the case, virtues of a hif;h order mifj^ht
become useless, and talents might be turned to a bad account.

I say that it is important that the interests of the persons in
authority should not conflict with or oppose the interests of the
community at large ; but 1 do not insist upon their having the
same interests as the whulc j)opulation, because 1 am not aware
that such a state of things ever existed in any country.

No political form has hitherto been discovered, which is
equally favorable to the prosperity and the development of all
the classes into which society is divided. Tliese classes con-
tinue to forn), as it were, a certain number of distinct nations
in the same nation ; and experience has shown that it is no less
dangerous to place the fate of these classes exclusively in the
hands of any one of then), than it is to make one people the
arbiter of the destiny of another. When the rich alone govern,
the interest of the poor is always endangered ; and when the
poor make the laws, that of the rich incurs very serious risks.
"The advantage of democracy does not consist, therefore, as
; has sometimes been asserted, in favoring the prosperity of all,
; but simply in contributing to the well-being of the greatest
possible number.

The men who are entrusted with the direction of public
aflairs in the United Slates, are frequently inferior, both in
point of capacity and of morality, to those whom aristocratic
institutions would raise to power. But their interest is iden-
tified and confounded with that of the majority of their fellow-
citizens. They may freqnentl}' be faithless, and frequently
mistaken ; but they will never systematically adopt a line of
conduct opposed to the will of the majority ; and it is impossi-
ble that they should give a dangerous or an exclusive tendency
to the government.

The mal-administration of a democratic magistrate is a mere
isolated fact, which only occurs during the short period for
which he is elected. Corruption and incapacity do not act as
common interests, which may connect men permanently with
one another. A corrupt or an incapable magistrate will not
concert his measures with another magistrate, simply because
that individual is as corrupt and as incapable as himself; and

221

general
Ifiire of
lul vir-
rc'sts of
iniunity
r inifjlit
locount.
rsous in
IS of the
>ing the
t aware

vhich is
It of all
ies con-
nations
s no less
ly in the
ople the
govern,
rvhen the
us risks,
efore, as
ty of all,
greatest

IS a mere

Miod for

ot act as

itly with

will not

because

jlf; and

these two men will never unite their endeavors to promote the
corruption and inaptitude of their remote posterity. The am-
bition and the ujana^uvres of the one will serve, on the con-
trary, to unmask the other. The vices of a magistrate, in de-
mocratic states, are usually peculiar to his own person.

But under aristocratic governments public men are swayed
by the interest of their order, which, if it is sometimes con-
founded with the interests of the majority, is very frequently
distinct from them. This interest is the common and lasting
bond which unites them together ; it induces them to coalesce,
and to combine their efforts in order to attain an end which
does not always ensure the greatest happiness of the greatest
number ; and it serves not only to connect the persons in au-
thority, but to unite them to a considerable portion of the
community, since a numerous body of citizens belongs to the
aristocracy, without being invested with official functions.
The aristocratic magistrate is therefore constantly supported by
a portion of the community, as well as by the Government of
which he is a member.

'JMie common purpo~e which connects the interest of the
magistrates in aristocracies, with that of a portion of their co-
temporaries, identifies it with that of future generations; their
inlluence belongs to the fiUure as much as to the present. The
aristocratic magistrate is urged at the same time, towards the
same point, by the passions of the community, by his own, and
I may almost add by those of his posterity. Is it, then, won-
derful that he does not resist such repeated impulses ? And
indeed aristocracies are often carried away by the spirit of their
order without being corrupted by it : and they unconsciously
fashi '' society to their own ends, and prepare it for their own
desce.idants.

The English aristocracy is perhaps the most liberal which
ever existed, and no body of men has ever, uninterruptedly,
furnished so many honorable and eidightcned individuals to
the government of a country. It cannot, however, escape ob-
servation, that in the legislation of England the good of the
poor has been sacrificed to the advantage of the rich, and the
rights of the majority to the privileges of the i'ew. The con-
sequence is, that England, at the present day, combines the
extremes of fortune in the bosom of her society ; and her
perils ind calamities are almost equal to her power and her
renown,
lu the United States, where the public officers have no in-

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tprcsts to promote conncrted with tlirlr castp, tlic ppticral and
constant indiKMue of the (lovcrnmenl is bcnrfh-ial, alilioiigli the
^ individuals who (;onihict it arc frernicnlly unikiMlul and sonic-
i times conHMiiplihlc. [j'hero is indeed a secret tendency in de-
i n)ocratic institutions to render the exertions of the citizens
) sid)servient to the prosperity of the community, notwithstanding
/ their private vices and mistakes ; whilst in aristocratic institu-
tions there is a secret propensity, which, notwithstanding; the
talents and the virtue of tliose who conchict the trovernment,
leads them to contribute to the evils which oppress lljeir feUow-
creatures.^In aristocratic governments pul)lic men may fre-
quently do injiH'ics which they do not intend ; and in democra-
tic states they produce advantages vyhich they never thought of.

PUBLIC SPIRIT IN THE UNITED STATES.

Patriotiaiii of instinct. — Patriotism of reflection. — Their difl'crent cliarnpteristic.i.

— Nations oiiglit to strive to accjiiire the second when the first lias (hsappeart.'d.

— Kll'orts of the Aniericatis to acrcpiire it. — liilcrusl of tlie individual intiuiutely
connected with that of the country.

Theiiii: is one sort of patriotic attachment which principally
arises from that instinctive, disinterested and undefinable feel-
ing which connects tlie adociions of man with his hirthplace.
Tins natural f{MKlness is united to a taste for ancient customs,
and to a reverence for ancestral traditions of the j)ast ; those
who cherish it love their country as they love the mansion of
their fathers. They enjoy the tranfjuillity which it alfords them ;
they cling to the peaceful habits which they have contracted
within its bosom ; they are attached to the reminiscences which
it awakens, and they are even pleased b\' the state of obedience
in which they arc placed. This patriotism is sometimes stimu-
lated by religious enthusiasm, and then it is capable of making
the most prodigious ellbrts. It is in itself a kind of religion :
it does not reason, but it acts from the impulse of faith and of
sentiment. By some nations the monarch has been regarded
as a personification of the country ; and the fervor of patriot-
ism being converted into the fervor of loyalty, they took a
sympathetic pride in his con(piests, and gloried in his power.
At one time, under the ancient monarchy, the French felt a sort
of satisfaction in the sense of their dependence upon the arbi-

il and
gli ilie
some-
ill <le-
itizons
ending
I nsli tu-
lips tlie
nment,
lellow-
lay fre-
mocra-
ught of.

(irteristiM.
liippeiirt.'d.
iiiliiuutely

nnpally
)lf> ret'l-
tliplace.
usloms,

; those
11 si on ot
them ;
ntracted
cs wiiich

edience
es stimu-
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elision :
) and of
rcfjarded

patriot-

y took a

^ power.

"eit a sort

the arbi-

trary pleasure of their Uinij;, and they were wont to say witli
pride, " We are tlie subjects of the most powerful king in the
world."

But, like all instinctive passions, this kind of patriotism is
more apt to prompt transient exertion, than to sup])ly the mo-
tives of continuous endeavor. It may save the Slate in critical
circumstances, but it will not unfrcrjufutly all* w the nation to
decline in the midst of j)eace. \\'jiilst tlie manners of a peo[)le
are simj)le, and its faith unshaken ; whilst society is steadily
based upon traditional institutions, whose IcLiiimacy has
never been contested, this instinctive patriotism is wont to
endure.

P)Ut there ii uuother sjjccies of attachmeut to a coimtry which
is more rational than the one we have been descrihinu^. It is
perhaps less generouii and less urdeut, but it is more fruitfid and
more lasting' ; it is coeval witli the spreail of knowledge, it is
nurtured i y the laws, it grous by (heexi-rcise of civil rights, and,
in the end, it is confoiuided with the |)ers()iial interest of the citi-
zen. A man comprehends the inlhienc(> whii'h the prosperity of
his country has upon his own welfare ; he is aware that the laws
authorize him to contribute his assistance to that prosperity, and
he labors to jiromote it as a j)ortion of his interest in the first
place, and as a portion of his riuht in the second.

Jiut epochs sometimes occur, in tlu; coiu'se of the existence of
a nation, ui which the ancient customs of a people arc changed,
public Hi. 'I tilty destroyed, religious belief disturbed, and the
spell of tradition broken, whilst the dilUision of knowledge is
vet iniperli'ct, and the civil riulits of the communitv are ill se-
cured, or » onfined within \ery narrow limits. The conntry
then assumes a dim and dubious shape in the eyes of the citizens ;
they no longer behold it in the soil which they inhabit, for that
soil is to them a dull inanimate clod; nor in the usages of their
forefathers, w hicli they have been tauuht to look uj)on as a de-
basing yoke ; nor in religion, for of that they doubt ; nor in
the laws, which do not originate in tlu>ir own autborily ; nor in
the legislator, whom they (ear and (lesj)ise. The country is lost
to their senses, they ean neither discover it under its own, nor
under borrowed features, and they intrench themselves \vithin the
dull precincts of a narrow egotism. 'J' hey are emancipated from
prejudice, without having acknowledged the empire of reason;
tliev are neither animated by the instinctive patriotism of mon-
archical subjects, nor by the thinking patriotism of republican
citizens ; but they have stopped half-way between the two, in the
midst of confubion and of distress.

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In tliis predicament, to retreat is impossible ; for a people can-
not restore the vi^ acity of its earlier times, any more than a man
can return to the innocon'^e and the bloom of childhood : such
thing's may be rec:retted, but they cannoi be renewed. The only
thing", then, which remains to be done is to proceed, and to ac-
celerate the union of private with public interests, since the period
of disinterested patriotism is f^one by for ever.

I am certainly very far from averrinu;, that, in order to obtain
this result, the exercise of political rights should be immediately
granted to all the members of the community. But 1 maintain that
the most powerful, and perhaps the only means of interesting men
in the welfare of their country, which we still possess, is to make
them partakers in the (jovormnent. At the present time civic
zeal seems to me to be it, separable from the exercise of j)olitical
rights ; and I hold that the number of citizens w ill be found to
augment or to decrease in Europe in proportion as those rights
are extended.

In the United ti^tates, the inhabitants were thrown but as yes-
terday upon the soil which they now occupy, and they brought
ncidier customs nor tradiiions witn them there ; they meet each
other for the first time with no previous acquaintance ; in short,
the instinctive love of their country. can scarcely exist in their
minds; but every t*ne takes as zealous <^n interest in the aii'airs
of his township, his county, and of the whole 8tate» as if_they
were his own, because every one, in his sphere, takes an active
part in the government of .society.

The lower orders in the United States are alive to the percep-
tio)i of the inthience exercised by the general prosperity upon
their own weliare ; and simple as this observation is, it is one
which is but too ra :*ely made by the people, lint in America
the people regards this prosperity as the result of its own exer-
tionf ; the citizen looks upon the fortune of tlie public as his pri-
vate interest, and he co-operates in its success, not so much from
a sense of pride or of duty, as from, what 1 shall venture to term,
cupidity/

It is unnecessary to study the institutions and the history of the
Americans in order to discover the truth of tliis remark, for
their mantiers rend;,r it sufficiently evident. As the American
participates in all that is done in his country, he thinks himself
obliged to defend whatever may be censured ; for it is not only
his country which is attacked upon these occasions, but it is
himself. '.Che consequence is, tbat his national pride resorts to
a thousand artifices, and to all the petty tricks of individual
vanity.

225

le can-

arnan

: such
lie only
I to ac-

pcriod

I obtain
nVuitely
ain that
ng men
;o make
le civic
political
bund to
;e rights

t as yes-
brought
leet each
in short,

in their
e utTairs

ii*_tliey
m aclive

pcrcep-

ty upon

it is one

America

wn exer-

his pri-
uch from

to term,

ry of the
ark, for
American
5 himself
not only
but it is
resorts to
dividual

Nothing is more embarrassing in the ordinary intercourse of
life, than this irritable patriotism of the Americans, A stranger
may be well inclined to praise many of the institutions of their
country, but he begs permission to blame some of the peculiari-
ties which he observes, — a permission which is however inex-
orably refused. America is therefore a free country, in which,
lest anybody should be hurt by your remarks, you are not al-
lowed to speak freely of privr te individuals or of the State ;
of the citizens or of the authorities ; of public or of private
undertakings, or, in short, of anything at all, except it be of
the climate and the soil ; and even then Americans will be
found ready to defend either the one or the other as if they had
been contrived by the inhahitants of the country.

In our times, option must be made between the patriotism of
all and the government of a t'aw ; for the force and activity
which the first confers, are irreconcileable w.th the guarantees
of tranquillity which the second furnishes.

NOTION OF RIGHTS IN THE UNITED STATES.

No gietit peopio without n notion o*" riglita. — How thn notion of rights can bo
givHii to u people. — Kesi)cct of rigiits iu the United States. — Whence it arises.

After the idea of virtue, I am acquainted with no higher prin-
ciple than that of right ; or to speak more accurately, these
two ideas are commingled in one. The idea oi' right is simply
that of virtue introduced into the political world. It is the idea
of right which enabled men to define anarchy and tyranny ;
and which taught them to remain Independent without arro-
gance, as well as to obey without strvility. The man who
submits to violence is debased by his compliance; but when he
obeys the mandate of one who possesses that right of authority
which he acknowledges in a fellow-creature, he rises in some
measure above the person who delivers the command. There
are no great men without virtue, and there are no great na-
tions, — it mav almost be added that there would be no so-
ciety, — without the notion of rights ; for what is the condition
of a mass of rational and intelligent beings who are only united
together by the ')ond of force f

1 am persuaded that the only means which we possess at the
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present time of inculcating the notion of rights, and of render-
ing it, as it were, palpable to the senses, is to invest all the
members of tiie community with the peaceful exercise of cer-
tain rights : this is very clearly seen in diildren, who are men
without the strength and the experience of manhood. When
a child begins to move in the midst of th*. objects which sur-
round him, he is instinctively led to turn everything which he
can lay his hands upon to his own })urpose ; 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 de-
prived of his possessions, he becomes more circumspect, and
lie observes those rights in others which he wishes to have re-
spected in himself. The principle which the child derives from
the possession of his toys, is taught to the man by the objects
which he may call his own. In America those complaints
against property in general, which are so frequent in Europe,
are never heard, because iii America there are no paupers ; and
as every one has property of his own to defend, every one re-
cognizes the principle upon which he holds it.

The same thing occurs in the political world. In America
the lowest classes have conceived a very high notion of pcditi-
cal rights, because they exercise those rights ; and they refrain
from attacking fhose of other people, in order to ensure their
own from attack. Whilst in Europe the rarne classes sometimes
recalcitrate even against the supreme power, the American
submits withouta murmur to the authority of the pettiest magis-
trate.

This truth is exemplified by the most trivial details of na-
tional peculiarities. In France very few pleasures are exclu-
sively reserved for the higher clgsses ; the poor are admitted
wherever the rich are received : and they consequently behave
with propriety, and respect whatever contributes to the enjoy-
ments in which they themselves participate. In England, wliere
wealth has a monopoly of amusement as well as of power, com-
plaints are made that whenever the poor happen to steal into
the inclosures which are reserved for the pleasures of the rich,
they commit acts of wanton mischief: can this be wondered at,
since care has been taken that they should have nothing io
lose .''

The government of the democracy brings the notion of po-
litical rights to the level of the humblest citizens, just as the
dissemination of wealth brings the notion of property within
the reach of all the members of the commuuity ; and 1 confess

227

I !

that, to my mind, this is one of its greatest advantages. I do
not assert that it is easy to leach men to exercise political
rights ; but I maintain that when it is possible, the effects which
result from it are hiii;hly important : and I add that if there
ever was a time at which such an attempt ought to be made,
that time is our own. It is clear that the influence of religious
belief is shaken, and that the notion of divine rights is declin-
ing ; it is evident that public morality is vitiated, and the ». :tion
of n)oral rights is also disappearing : these are general symp-
toms of the substitution of argument for faith, and of calcula-
tion for the impulses of sentiment. If, in the midst of this
general disruption, you do not succeed in connecting the no-
tion of rights wit!i that of personal interest, which is the only
immutable point in the human heart, what means will you have
of governing the world except by fear ? When I am told that
since the laws are weak and the populace is wild, since passions
are excited and the authority of virtue is paralyzed, no meas-
ures must be taken to increase the rights of the democracy ; I
rejily, that it is i')r these very reasons that some measures of the
kind must be taken ; and I am persuaded that governments are
still more interested in taking them than society at large, be-
cause governments are liable to be destroyed, and society can-
not perish.

I am not, however, inclined to exaggerate the example which
America fin-nishes. In those States the people was invested
with political rights at a time when they could scarcely be abused,
for the liti/ens were few in number and simple in their manners.
As they have increased, the Americans have not augmented the
power of the deniocracy, i)ut they have, if I may use the expres-
sion, extended its dominions.

It cannot be doubted that the ni<mient at which political rights
are granted to a people that had before been without them, is a
vers critical, thutigh it be a very necessary one. A child may
kill before he is aware of the > alue of lift' ; and he may deprive
aiu)ther person of his jiroperty before he is aware that his own
may be taktii away from hinu The lower orders, when first
tliev are invested with political riuchts, stand in relation to th se
rights, in the stuue position as the child does to the whole of nature,
and the celebrated adage may tiien be applied to them. Homo,
pncr rnbusfns. This truth may even be |)erceived 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 fertile in

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prodigies than the nrt of beiiif^ free ; but there is nothin p; more
arduous than tlie apprenticesliijD of liberty. t?ui?li is not tiie case
with despotic institutions ; despotism often promises to make
amends lor a thousand previous ills ; it supjiorts the rii>:ht, it
protects tiie oppressed, and it maintains public order. The na-
tion is lulled by the temporary prosperity which accrues to it,
until it is roused to a sense of its own misery. Liberty, on the
contrary, is t;enerally established in the midst of ap;itation, it is
perfected by civil discord, and its beneiits cannot be appreciated
until it is already old.

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KESPECT FOR THE LAW IN THE UNITED STATES.

Respect of the AinniicaHs for tlie law. — Parental afl'ection wliirh they entertain
for it. — Personal interest of every one to increase the authority of tiie law.

> It is m ^ always feasible to consult the whole people, either di-
<!,•' I rectly or indirectly, in the formation of the law ; but it cainiot
(if ; be denied that wlien such a measure is possible, the authority
i of the law is very much : ugmented. Th". popular origin,
' which impairs the excellence and the wisdom of legislation,
contributes prodiiiiously to increase its power. 'IMiere is an
amu/ing' strength in the expression of the determination of a
whole people : and when it declares itself, the imagination of
those who are most inclined to contest it, is overawed by its
authority. The truth of this fact is very well known by par-
ties ; and they consecpiently strive to make out a majority w licn-
ever they can. Jf they have not the greater numbers of voters
on their side, they assert that the true majority abstained from
voting ; and if they are foiled even there, they have recourse to
the body of those persons who had no votes to give.

In the United States, except slaves, servants, and paupers in
the receipt of relief from the townships, there is no class of
j)ersons who do not exercise the elective franchise, and w ho do
not indirectly contribute to make the laws. Those who design
to attack the laws must consequently either modify the opinion
of the nation or tramj)le upon its decision.

A second reason, which is still more weighty, may be further
adduced : in the United States every one is personally interested
in enforcing the obedience of the whole community to the law:

229

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for as the minority may shortly rally the majority to its prin-
ci|)les, it is interested in professing that respect for the decrees
of the legislator, which it may soon have occasion to claim for
its own. However irksome an enactment may be, the citizen
of the United States complies with it, not only because it is the
work of the majority, but because it originates in his own au-
thority ; and he regards it as a contract to which he is himself
a party.

In the United Slates, then, that numerous and turbulent mul-
titude does not exist, which always looks upon the law as its
natural enemy, and accordingly surveys it with fear and with
distrust. It is impossible, on the other hand, not to perceive
that all classes display the utmost reliance upon the legislation
of their country, and that they are attached to it by a kind of
parental affection.

I am wrong, however, in saying all classes ; for as in Ame-
rica the European scale of authority is inverted, the wealthy
are tliere placed in a position analogous to that of the poor in
the Old World, and it is the opulent classes which frequently
look upon the law with suspicion. I have already observed
that the advantage of democracy is not, as has been sometimes
asserted, that it protects the interests of the whole community,
but simply that it protects those of the majority. In the United
Stales, where the poor rule, the rich have always some reason
to dread the abuses of their power. This natural anxiety of
the rich rnay produce a sullen dissatisfaction, but society is not
disturbed by it; for, the same reason which induces the rich to
withhold their confidence in the legislative authority, makes
them obey its n)aiulates : their wealili, which prevents ihem
from making the law, prevents them from withstanding it.
Amongst civilized nations revolts are rarely excited except by
such persons as have nothing to lose by them; and if the laws
of a detnocracy are not always worthy of respect, at least they
always obtain it : for those w ho usually infringe the laws have
no excuse for not complying with the enactments ihey have
themselves made, and by which they are themselves benefited,
whilst the citizens whose interests might be promoted by the in-
fraction of them, arc induced, by their charncter and their
station, to submit to the decisions of the legislature, whatever
they may be. Besides which, the |)eoplein America obeys the
law not only because it emanates from the popular author-
ity, but because that authority may modify it in any points
which may prove vexatory ; a law is observed because it is a

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self-imposed evil in the first place, and an evil of transient du-
ration in the second.

ACTIVITY WHICH PERVADES ALL THE BRANCHES OF THE
BODV POLITIC IN THE UNITED STATES J INFLUENCE WHICH
IT EXERCISES UPON SOCIETY.

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More difllcnlt to conceive tlie politiciil nticvitv wliicli jiervndes the United Stafps,
than tlie fVeedoin and eqiiiiliiy which roign there. — Tlie jjreat activily v\ hich
pc'ipotiniiiy affitatc; the li'frisiiitivc bodies is only an episode to the; general ac-
tivity. — Didicni; an American to confine liimselt'to his own bnsiness.— Fo-
lilieal njriiation • iMul.s to all social intercourse.— Commercial activity of the
Americans [jartl, atlrihiilahie to tliis cause. — Indirect advantages which society
derives Ironj a deniocratic govenniient.

On pnssing from a country in which free institutions are estab-
lished to one whore thoy do not exist, the traveller is struck by
the chantrc ; in the former all is bustle and activity, in the latter
evervthiiiii: is calm and motionless. In the one, amelioration
and projiTcss are the jj!;eneral to|)ics of inquiry ; in the other, it
seems as if the community only aspired to repose in tlie enjoy-
ment of the advantages which it has acquired. Nevertheless,
the country which exerts itself so strenuously to promote its wel-
fare is generally more wealthy and more prosperous ti'an that
which a))penrs to be so contented with its lot ; and when we
comj)nre theiu toii'ether, we can scarcely conceive how so many
new wants are daily felt in the former, wiiilst so few seem to
occur in the latter.

It^ this remark is apjilicable to those free coinitries in which
monarchical and aristocratic institutions subsist, it is still more
strikini.r with re!.iard to democratic re))ublics. in the^e States it
is not only a portion of the |)eople which is busied with the ame-
lioration of its social condition, but the whole connnunitv is en-
graii^ed in the task ; and it is not the exiii^encies and the conve-
nience of a siuicle class for which a provision is to be made, but
the exig-encies and :he convenience of all ranks of life.

It is not im])ossible to conceive the sin*|)assinu; liberty which
the Americans enjoy ; some idea may likewise be formed of the
extreme e(|u;dity which subsists amonc'st them, but the political
activity which pervades the 1,'iiited i^tates must be seen in order
to be understood. JVo suoner do you set foot upon the Ameri-
can soil than you are stunned by a kind of tumult ; a confused

231

clamor is heard on every side ; and a tliousand siinultaneous
voices demand tlie immediate satisfaction of tlieir social wants.
Everythinu; is in motion around you ; here, the people of one
quarter of a town are met to decide upon the building of a
church ; there, the election of a representative is going on ; a
little further, the delegates of a district are posting to the town
in order to consult upon some local improvements ; or in ano-
ther place the laborers of a village quit their ploughs to delibe-
rate upon the itroject of a road or a public school. JNIeetings
are called for the sole purpose of declaring their disappro])ation
of the line of conduct pursued by the Government; whilst in
other assemblies the citizens salute the authorities of the day as
the fathers of their country. Societies are formed which regard
drunkenness as the principal cause of the evils under which the
l^tnte labors, and which solemnly bind themselves to give a con-
stant example of temj)erance.*

The great political agitation of the American legislative bo-
dies, which is the only kind of excitement that attracts the atten-
tion of foreign countries, is a mere episode or a sort of continna-
tion of tliat universal movement which originates in the lowest
classes of the jjcople and extends successively to all the ranks of
society. Jt is impossible to spend more ellorts in the pursuit of
enJo''nent.

The cares of political life engross a most prominent place in
the occupation of a citizen in the C nitcd States ; and almost the
ordy pleasure of which an American has any idea, is to take a
part in the Government, and to discuss the part he has taken.
This feeling pervades the most trifling habits of life ; even the
women frecpiently attend public meetings, and listen to political
harangues as a recreation after their household labors. Debat-
ing clubs are to a certain extent a substitute for theatrical enter-
tainments : an American cannot converse, but he can discuss ;
and when he attem|)ts to talk he tails into a dissertation. He
sj)caks to you as if he was addressing a meeting ; and if he
should warm in the course of the discussion, he will infallibly say
' Gentlemen,' to the person with whom he is conversing.

In some countries the inhabitants display a certam repugnance
to avail themselves of the political privileges with which the law
invests them ; it would seem that they set too high a value upon
tlieir time to spend it on the interests of the community ; and

* At the time of my stay in the United States the Temperance Societies al-
rearly consisted of more than 270,000 members ; and tlieir ert'ect liad been to di-
minish the consumption of fermented liquors by 500,000 gallons per annum in
the State of Pennsylvania alone.

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they prefer to withdraw within the exact limits of a wholesome
eyotism, marked out by four sunkfences and a quickset hedjj^e.
I But If an American were condemned to confine his activity to
his own aflairs, he would be robbed of one half of his existence ;
he would feel an immense void in the life which he is accustomed
to lead, and his wretchedness would be unbearable.* I am
jiersuaded that if ever a despotic government is established in
America, it will find it more difticult to surmount the habits which
free institutions have engendered, than to conquer the attachment
of the citizens to freedom.

This ceaseless agitation which democratic government has in-
troduced into the political world, influences all social intercourse.
I am not sure that upon the whole this is not the greatest advan-
tage of democracy ; and I am much less inclined to applaud it
for what it does, than for what it causes to be done.

It is incontestable thiit the peoj)le frequentlv conducts public
business very ill ; but it is Impossible that the lower orders should
take a part in ]niblic business without extending the circle of
their ideas, and without quitting the ordinary routine of their
mental acquirements. The humblest individual who is called
upon to co-operate in the government of society, acquires a cer-
tain degree of self-respect ; and as he possesses authority, he
can command the services of minds much more enlightened than
his own. He is canvassed by a multitude of applicants, who
seek to deceive him in a thousand dKferent ways, but who in-
struct him by their deceit. lie takes a part In political under-
takings which did not originate in his own concejjtion, but which
give him a taste for undertakings of the kind. ]\ew ameliora-
tions are daily pointed out in the properly which he holds in
common with others, and this gives him the desire of improving
that property which is more peculiarly his own. He Is perhaps
neither happier nor better than those who came before him, but
he is better Informed and more active. I have no doubt that
the democratic Institutions of the United States, joined to the phy-
sical constitution of the country, are the cause (not the direct,
as is so often asserted, but the Indirect cause,) of the prodigious
commercial activity of the Inhabitants. It Is not engendered by
the laws, but the people learns how to promote it by the expe-
rience derived from legislation.

* The same remark was made at Rome under tlie first Cmsars. Montesquieu
Bomewliere alludes to the excessive despondency ol'certain Roman citizens who,
after the excitement of political life, were all at once iluug back into the stagna-
tion of private hfe.

233

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ustomed
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ishod in
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When the opponents of democracy assert that a single indi-
vidual performs the duties which he undertakes, much better
than the government of the community, it appears to me that
they are perfectly rij^ht. The government of an individual,
supposing an equality of instruction on either side, is more
consistent, more persevering, and more accurate than that of a
multitude, and it is much belter qualified judiciously to discrimi-
nate the characlors of the men it employs. If any deny what
I advance, they have certainly never seen a democratic govern-
ment, or have formed thoir o|)inion upon very partial evidence.
It is true that even when local circumstances and the disposition
of the people allow democratic institutions to subsist, tliey never
display a regular and methodical system of governiiient. Demo-
cratic liberty is far from accomplishing all the projects it under-
takes, with the skill of an adroit despotism. It freqiienily aban-
dons them before they have borne their fruits, or risks them
when the consetpiences may prove dangerous ; but in the end
it produces more than any absolute government, and if it do
fewer tilings well, it does a great number of things. Under its
sway, the transactions of the public administration arc not
nearly so important as what is done by private exertion. Demo-
cracy does not confer the most skillful kind of government uj)oa
the people, but it produces that which the most skillful govern-
ments are frequently unable to awaken, namely, an all-pervad-
ing and restless activity, a superabundant force, and an energy
whicli is inseparable from it, and which may, under favorable
circumstances, beget the most amazing benelits. These are the
true advantages of democracy.

In the present age, when the destinies of Christendom seem
to be in suspense, some hasten to assail democracy as its foe
whilst it is yet in its early growth ; and others are ready with
their vows of adoration for this new deity which is s[)ringing
forth from chaos : but both parties are very imperfectly ac-
quainted with the object of thoir hatred or of their desires;
they strike in the dark, and distribute their blows by mere
chance.

We must first understand what the purport of society and
the aim of government is held to be. If it be your intention
to confer a certain elevation upon the human mind, and to teach
it to regard the things of this world with generous feelings ; to
inspire men with a scorn of mere temporal advantage ; to give
birth to living convictions, and to keep alive the spirit of hon-
orable devotedness ; if you hold it to be a good thing to refine
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the habits, to embellish the manners, to cultivate liie arts of a
nation, and lo promote the love of poetry, of beauty, and of
renown ; i' you would constitute a people not unfitted to act
with power upon all other nations ; nor unprepared for those
high cnterprizes which, whatever be the residt of its eflbrts, will
leave a nanie for ever famous in time, — if you believe such to
be the princi[)al object of society, you must avoid the govern-
ment of democracy, which would be a very uncertain guide to
the end you have in view.

liut if you hold it to be expedient to divert the moral and
intellectual activity of mati to the production of comfort, and
to the acquirement of the necessaries of life ; if a clear under-
standing be more profitable lo men than genius ; if your object
be not to stimulate the virtues of heroism, but to create habits
of peace ; if you had rather witness vices than crimes, and are
content to meet with fewer noble deeds, provided od'ences be
diminished in the same proportion; if, instead of living in the
midst of a brilliant state of society, you are contented to have
prosperity around you ; if, in short, you are of opinion that the
principal object of a (Jovcrnment is not to confer the greatest
possible share of power and of glory upon ■ body of the na-
tion, but to ensure the greatest degree of enjoyment, and the
least degree of misery to each of the individuals who compose
it, — if such be your desires, you can have no surer means of
satisfying them, than by equalizing the conditions of men, and
establishi'ig democratic institutions.

But if the time be past at which such a choice was possible,
and if some superhuman power impel us towards one or the
other of these two governments without consulting our wishes,
let us at least endeavor to make the best of that which is allot-
ted to us ; and let us so inquire into its good and its evil propen-
sities as to be able to foster the former, and repress the latter to
the utmost.

4mi t,

SS5

CHAPTER XV.

UNLIMITED POWER OF THE MAJORITV IM THE UNITED STATES,

AND ITS CONSEQUENCES.

Natural strength of tlie majority in dfiniocraoies.— Most of tlio American Con-
stitutions have inert!, ised tiiis strmigth by artificial uiuaiis. — How this has been
done — Pledged delegates, — Moral power of the majority. — Opinion as to its
infallibility. — Respect for its rights, how augmented in the United -tates.

The very essence of democratic governnieut consists in tlie ab-
solute sovereignty of the niajority ; for there is nothiny- in demo-
cratic states which is caj)al)le of resisting' it. Most of the Ame-
rican Constitutions have sought to increase this natural strength
of the majority by artificial means.*

The legislature is, of all political institutions, tie one which
is most easily swayetl by the wishes of the majority. The Ame-
ricans determined that the members of the legislature should be
elected by the people immediately, :ind for a very brief term, in
order to sidiject them, not only to the general convictions, but
even to the daily passions of their constituents. The members
of both Houses are taken from the same class in society, and
are nominated in the same manner ; so that the modifications of
the legislative bodies arc almost as rapid and quite as irresisti-
ble as those of a single assembly. Jt is to a legislature thus
constituted, that almost all the authority of the Government has
been entrusted.

But whilst the law increas(>d th." strt'uiith of those authorities
which of themselves were strong, it enl'eebled more and more
those which were natin'ally weak. It deprived the representa-
tives of the executive of all stability and independence ; and by
subjecting them compltHely to the caprict^s of the legislature, it
rol)bed them ol" the slender inlluence whi(h the nature of a de-
mocratic government might have allowed thom to retain. In
several iStates, the judicial power was also submitted to the elcc-
li\ e discretion of the majority ; and in all of them its existence

* We observed in examining the Tedeial Coiislitiilion that the etVorts of the
legislators of the I'nion had been diainetrically opposed to the present leiidenry.
The conseipieiiei! has been that the I'ederal (ioverniiiiint is more independent in
its sphere tiian that of the States, lint iIk; Federal Government .scarcely ever
interferes in any but external atVairs ; and the governments of the States are in
reality the autiiorities which direct society in America.

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wns made to flrpoivl on the pleasure of the legislative authority,
since the rcpn'sciitiitives were empowered annually to regulate
the stliH'ud <»r llie Judges.

Custom, h()\\ev«r, has done even more than hiw. A proceed-
ing ^^hi(ll ^^'^\\ in the end set all the guaranti-es of repre^entative
gt)\ cniment at nought, is becominf^ more and nu)re general in
the I'nited States : it frequently ha|)pens that the ele<'tors, who
clioos(> a delegate, point out a certain line of conduct to him,
and impose upon him a certain number of jiositive obligations
which he is j)le<lged to fulfd. With the exception of the tumult,
this comes to the same thing as if the majority of the populace
held its d(>liberations in the market-place.

Several odier circnmsiances concur in rendering the jiower of
the majority in Am(>rica, not only jireponderant, but irresistible.
The moral authority oi" the majority is partly based up»)n the
notion, that tliere is more intelllgeiu'e and more wisdom iu a
great number of men collected together than in a single indivi-
dual, and that the (|uantity of legislators is more important than
their quality. The theory of ecpudity is in fact applied to the
intellect of man ; and h.uman pride is thus assailed in its last
retreat, by a doctrine which the minority hesitate to admit, and
in which they very slowly concur. Like all other ])owers, and
perhaps more than all other powers, the authority of the many
requires the sanction of time ; at first it enforces obedience by
constraint; l)ut its laws are )iot res])ectcd until they have long
been maintnined.

The right of governing society, which the majority supposes
itself" to derive fi'om its superior intelligence, was introducefl into
the I nited States In the first settlers ; and this idea, whl<h would
be suflicicnt of itself to create a free nation, has now been amal-
gamated with the manners of the people, and the miiu)r incidents
of social intercourse.

The Freiu'h, under the old monarchy, held it for a maxim,
(which is still a fundamental principle of the English Constitu-
tion,) that the King couhl do no wrong; and if he did do wrong,
the blame was imput(ul to his advisers. This notion was highly
favorable to habits of obedience; and it enabled the subject to
complain of the law, without ceasing to love aiul honor the law-
giver. The Americans entertain the same oj)inion with respect
to the majority.

The moral })ower of the majority is founded upon yet another
principle, which is, that the interests of the many are to be pre-
ferred to those of the few. It will readily be perceived that the

237

respect hero professed for the rif^hts of the majority must natu-
rally inereaso or diniinisli aeconiiuu; to the state of parties.
When a nation is divided into several irrej'oneileahle factions,
the privilefi;e of the majority is often overlooked, hecause it is
intolerahle to eoniply with its demands.

if there existed in Ameriea a class of citl/ens whom the leuis-
latinj:; majority sont^ht to deprive of exclusive pri^ ilexes, which
they had possessed for a<:;es, and to hrinj;,' down from an elevated
station to the level of the raid<s of the nndtitiide, it is pr«)l)al)le
that the minority would he less ready to comply with its laws.
But as the [Jnited States were coloni/ed hy men holdini; an
equal rank amongst themselves, there is as yet no natural or
permanent source of dissension hetween the interests of its diller-
ent iidr<d)itants.

There are certain eommimities in w hich the persons who con-
stitute the minority can never hope to draw over the majority
to their side, hecause they nuist then j^ive up the very point
w hich is at issue hetween them. Thus, an aristocracy can never
hecome a majority whilst it retains its exclusive privileges, and
it cannot cede its privileges without ceasini;" to he an aristocracy.

In the United Stat«'s, jjolitical (|uestious camu)t he taken up
in so general ami ahsolute ii maimer ; and all parties are willing*
to recojffuise the rights of the majority, hecause they all hope to
turn those rifxhts to their own advanta<;e at some future time.
The majority therefore in that country exercises a prodigious
actiud authority, and a moral inlluence which is scarcely less
preponderant; no obstacles exist which can impede, or so much
as retard its proy:ress, or which cj;.i induce it to heed the com-
phiints of those whom it crushes upon its path. This state of
things kfutui in itself and dangerous for the future.

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238

HOW THE UNLIMITED POWER OF THE MAJORITY INCREASES
IN AMERICA, THE INSTABILITY OF LEGISLATION AND THE
ADMINISTRATION INHERENT IN DEMOCRACY.

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Tht! Amencnns increase the imitability of the laws wliich is inlierent in demo-
cracy by ciiangin^ the legishUnre every year, and by investing it with un-
bounded authority- — The same effect is produced upon the administration. —
ill America socini amelioration is conducted more energetically, but less perse-
veilngly than in Europe.

I HAVE already spoken of the natural defects of democratic in-
stitutions, and tliev all of tliern increase in the exact ratio of the
power of the majority. To bei^in with the most evident of them
all ; the mutability of the laws is an evil inherent in democratic
government, because it is natural to democracies to raise men
to power in very rapid succession. But this evil is more or less
sensible in pro))ortiwn to the authority and the means of action
which the lejuislature possesses.

In America the authority exer<-ised by the lepslatlve bodies
is supreme; nothing prevents them from accomiJiishinu: their
".vishes with celerity, and with irresistible power, whilst they are
supj)lied by new representatives every year. That is to say,
the circumstances whicji contril)ute most |)owerfu!ly to democra-
tic instability, and which admit oi'the (r<'(' aj;j)licati()n of caprice
to every object in I'le f>tate, are here in lidl operation. In con-
iJinnity \\'n\> this j)i-iM(iple, America is, at the |)resent day, the
country in the world where laws last the shortest time. Almost
all the Anieri(iii) constitiuions have been amended within the
course of thirty years: thrre is thereJore not a siujiile American
State which has not modilied the principles of its leyislation in
that lapse of time. As for the laws themselves, a siuifle julaiu^e
upon the archives o/" the different States of tli ■ I nion suflices to
convince one, that in Ameri* a ih/ acti\it\ of the legislator never
slackens. Not that the A^nerican democracy is naturally less
stable than any other, but tliat it is allowed to follow its capri-
ciou«; proj)ensities in the formation of the laws.*

* Til" Ic^'isliitive arts prmiinlgatcil hy the State of .Mnssachusctts alotie, from
the year I7'"0 to ilie prcsi'ut lime, alro.idy till tliree stout volumes : and it must
not lie forjioKt II tli.il the roliictioii to vvhicli I alliuii; was [)ublish<!d in ]8:il{, when
niMiiy nid laws \' hich had fallen iiiJo (!isii::(! were oinitlt'd. 'I he State ol' Massa
oliiisf'tfs, w iiich is not more populous lliui a dcpirtment of France, i.iay hi; con-
sidered as I he most stable, the most couiustent, and the most sagacious in its under-
tukingb of the wltolu Umuu.

239

The omnipotence of the majority, and the rapid as well as
absolute manner in whicli its decisions are executed in the United
States, has not only the eflect of rendering the law unstable, but
it exercises the same influence upon the execution of the law and
the conduct of the public administration. As tlie majority is the
only power which it is important to court, all its projects are
taken up witii the greatest ardor ; but no sooner is its attention
distracted, than all this ardor ceases ; wiiilst in the free states of
Europe, the administration is at once independent arul secure,
so that the pnyects of the lejj^islature are put into execution, al-
though its immediate attention may l)o directed to other objects.

In America certain ameliorations are undertaken with much
more zeal and activity than elsewliere ; in Euroj)e the same ends
are promoted by much less social eflbrt, more continuously ap-
jilied.

Some years ago several jiious individuals undt r\rH)k to ame-
liorate the condition of the prisons. The public was excited by
the statements v hjeh they put forward, and the regeneration of
criminals became a very j)0))ular uiul» rtaking. New prisons
were built; and, for \\\r (irst time, the idea of reforminti' as well
us of piuii>lilng tlic d(Tui(iueiit, formed a part of prison discipline.
But this li;ippy alteration, in which the jiublie bad taken so
hearty an interest, and which the exertions of the citizens iiad
irresistibly iiceeler;Ued, could not be completed in a moment.
W hilst llie new penitentiarie-; were beinu," erected, (and it was the
pleiisnre of the iiiajority they shoidd be U-rminated with all pos-
sible celerity,) the old prisons existed, which still contiiineo a
great number of ofli'iulers. These jails became more unwhole-
some and mcrre corrupt in proportion as the new establishments
wvrc beantifcd and Improved, forminii" ii contrast which may
readily h<' understood. Tii ■ majority was so eauerly employed
in founding th(> new j)risons, that thoM' wliich already existed
were forgotti'U ; aiul as the generid attention was diN erted to a
novel object, the care which had hitherto been bestowed upon
the others ceased. The salutary regulations of discipline vmto
first relaxed, and afterwaids broken ; so that in the inunediate
neighborhood of a prison which bore witness to the mild and
enlightened spirit of our time, dungeons might be met w; h
which reminded the visitor of the barbarity of the jNIiddle Af^es.

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240

TYRANNY OF THE MAJORITY.

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How tho principle of the sovereignty of the people is to be und' rstood. — Iw
po-isibility of conceiving a n)ixed government. — The sovereign power must
centre soinevviiere. — Precautions to be taken to control its action. — Thesf
precautions have not been taken in the United States. — Consequences.

I HOLD it to bo an impious and an execrable maxim that, poli-
tically speaking', a [)e()ple has a right to do whatsoever it pleases;
and yet I hnxc asserted tliat all authority originates in the will
of the laajority. Am 1, then, in contradiction with myself?

A g:eneral law — which bears the name of Justice — has been
made and sanctioned, not only by a majority of this or that peo-
ple, but by a majority of muidvind. The rights of every people
are consetjuently conline«l within the limits of what is just. A
natiim may be considered in the light of a jury which is empow-
ered to represent society at large, and to apply the great and
general law of Jiistic(\ Onglu such a jury, which represents so-
ciety, to liave more power than the society in which the laws it
applies originate ?

When 1 refuse to obey an imjust law, I do not contest the
rigtit which the majorif lias oj'«-ommandiiig, l)ut I simply appeal
from the sovereignty o' the people to tiie sovereignty c'f'>»anlvind.
]t has been asserted that a peuj)le can never entirely outstep the
boundaries of jic^tir-e and of reason in those all'airs which are
more jjeculiarly its own ; and that consequently full power may
fearlessly be given to the majority by which it is represented.
But this IfuiLiiiage is that of a slave.

A majority taken collectively may be regarded as a being-
whose oj)inions, and most fre(|uently whose interests, are opposed
to those of another Ijeing, which i> styled a minority. If it be
adi; Stted that a man, possessing absolute power, may misuse that
power by wronginii: his acKersaries, why should a majority not
be liable to the same rej)roach.'' Men are not apt to change
their characters by agglomeration ; nor does their patience in
the j)resence of obstacles increase with the consciousness of their
strength.* And for these reasons 1 can never willingly in\est

* No orip will assert that a people cannot forcibly wrone another people : but
parties may l)e looked upon as lesser nations within a greater one, and they are
aliens to each other : if therefore it be admitted Uiata nation can act tyrannically
towards another nation, iter nnot be denied that a party may do the same towards
another party.

241

I (

any number of my fellow-creatiires with that unlimited authority
which I should refuse to any one of them.

I do not think that it is possible to combine several principles
in the same i?overnment, so as at the same time to maintain free-
dom, and really to oppose them to one another. The form of
government which is usually termed mixed has always appeared
to me to be a mere chimera. Accurately speaking there is no
such thing as a mixed government, (with the meaning usually
given to tliat word,) because in all communities some one prin-
ciple of action may be discovered, which preponderates over
die others. England in die last century, which has been more
especially cited as an example of this form of government, was
in point of fact an essentially aristocratic state, aUhough it com-
prised very powerful elements of democracy : for the laws and
customs of the country were such, that tiie ari>t«)cracy could not
but preponderate in the end, and subject the direction of public
affairs to its own will. 'I'he error arose from too much atten-
tion being ])aid to die actual struggle which was going on be-
tween the nobles and the people, without considering the proba-
ble issue of the contest, wliich was in reality the important point.
When a comnuinity really has a mixed government, that is to
say, when it is equally dividtnl between two adverse principles,
it must either pass dirough a revolution, or fall into com[)letc
dissolution.

\ am therefore of ojiinion that some one social power must
alw ays be made to predominate over the others ; but I think
that liberty is endangered when this power is checked by no
obstacles which may retard its course, and force it to moderate
its own \('li('menc('.

[ iiliniited j)ow(>r is ir. itself a bad an'' «iangerous thing; hu-
man beings are not c> Mnpetent to exercise it with discretion ;
and Ciod alone can be omnipotent, because his wisdom and his
justice are always equal to his power. But no power upon
earth is so worthy of honor for itself, or of reverential obedience
to the rights which it represents, that I would consent to admit
its uncontrolled and all- predominant authority. When I see
that the right and the iiieans of absolute command are conferred
on a people or u|)on a king, upon an aristocracy or a demo-
cracy, a monarchy or a republic, I recogni/.e the germ of tyran-
ny, and J journey onwards to a land of more hopeful institutions.

In my opinion the main evil of the present democratic insti-
tutions of the United States does not arise, as is often asserted
in Europe, from their weakness, but from their overpowering
31

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streng;th ; and T am not so much alarmed at the excessive liberty
which rciqiis in that country, as at the very inadequate securi-
ties which exist against tyranny.

When an individual or a party is wronged in the United
States, to whom can he apply for redress ? If to public opinion,
public opinion constitutes the majority ; if to the legislature, it
represents the majority, and implicitly obeys its injunctions ; if
to the executive power, it is appointed by the majority and re-
mains a passive tool in its hands ; the p jblic troops consist of
the majority under arms ; the jury is the majority invested with
the right of hearing judicial cases ; and in certain States even
the judges are elected by the majority. However iniquitous or
absurd the evil of which you complain may be, you must sub-
mit to it as well as you can.*

If, on the other Jiand, a legislative power could be so consti-
tuted as to represent the mnjority without necessarily being the
slave of its passions ; an executive, so as to retain a certain de-
gree of uncontrolled authority; and a judiciary, so as to remain
independent of the two other powers ; a government would be

* A striking instance of tiie excesses wiiich may be occasioned by the despo-
tism of the majority occurred at Baltimore in the year 1812. At that time the
war was very popular in Baltimore. A journal wiiich had taken the other side
of the (jucs^tion excited the indignation oi the inhal)itants by its opposition. The
populace assembled, broke the prititiiigjiresses, and attacked the houses of tho
newspaper-editors. The militia was called out, but no one obeyed the call ; and
the only means of saving the poor wretches who were threatened by the frenzy
of the nmb, was to throw them into prison as connnon malifartors. But even
this precaution was inctlecfual ; the nuib collected again during the night ; the
magistrates again made a vain attempt to call out the nulilia ; the prison was
forced, one of the newspaper-editors was killed upon the spot, and the others
were left for dead : the guilty parties were acquitted by the jury when they were
brought to trial.

I said one day to an inhabitant of Pennsylvania. " Be so good as to explain to
me how it happens, that in a Slate founded by Quakers, and celeluated for its
toleration, freed Blacks are not allowed to exercise civil rights. They pay the
taxes : is it not fair that they should have a vote ?"

" You insult us," replied my informant, " if you imagine that our legislators
coidd have eonmiitted so gross an act of injustice ml intolerance."

" What then, the Blacks possess the right of voting in this country ?"

" Without the smallest doubt."

" How comes it, tiien, that at the polling-booth this morning I did not perceive
a single Negro in the \^hole meeting?"

"This is not the fault of the law : the Negroes have an undisputed right of
voting: but they voluntarily abstain from making their appearance."

"A very pretty piece of modesty on their parts!" rejoined I.

" Why. the truth is that they are imt disinclined to vote, but they are alVuid of
bein? maltreated ; in this country the law is sometimes unable to maintain its au-
thority, without the support of ilie majority I.iit in this ca^e the majority enlci
tains very strong prejudices against th- Blacks, and the «>agi.strate9 urtt ituuble to
protect them in the exercise of then' legal pnvuiges."

" What, then, the majority clauns the right uot o\\\y ufntaking the lawi, but of
breaking the laws it bus made T'

243

formed which would still be democratic, without incurring any
risk of tyrannical abuse.

I do not say that tyrannical aliuses frequently occur in Ame-
rica at the present day ; but I maintain ih;it no sure barrier is
established against them, and that the causes which mitigate the
government are to be found in the cii :umstances and the man-
ners of the country more than in its laws.

EFFECTS OF THE X^NLIMITED POWER OP THE MAJORITY UPON
THE ARBITRARY AUTHORITY OF THE AMERICAN PUBLIC
OFFICERS.

Liberty left by the American laws to public officers within a certain sphere.—
Their power.

A DISTINCTION must be drawn between tyranny and arbitrary
power. Tyranny may be exercised by means of tlie law, and
in that case it is not arbitrary : arbitrary power may bo exercised
for the good of the comnumity at laru:e, in which caso it is not
tyrannical. Tyranny usually employs arbitrary means, but,
if necessary, it can rule without them.

In the United States the unbounded ])Ower of tlie majority,
which is favorable to the lethal despotl-^iu of the legislature, is
likewise favorable to the arbitrary authority of the magistrates.
The majority has an entire control o\er th< law when it is made
and when it is executed ; and as it possesses '".i ecpial authority
over those who are in jiower, and the community at large, it
considers puMic ollieers ,«s its passive -.igf-nts, ami r» adily con-
fides the task ol serv mil its designs to their viiiilance. The de-
tails of their otfire and the privileges >\ liich tlh^v are to enjoy
are rarely defined lielorehand ; l>ut tln^ majority treats them, as
a master does his servant-, when they ;uv always at work in his
siiihl, and iie has th" pout-r of directing or reprimanding them
at evj'rv instiint.

In giMieral !<e American functionaries are far more indepen-
dent than the ; rench civil ofiicers within the sphere which is
prescribed to them. Sometimes, even, they an^ allowed by the
popula. authority to exceed those bounds ; and as they are pro-
tectee by the opinion, and backetl by the co-operation, of the
majority, they venture upon such manifestations of their power

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244

as astonish a European. By this means habits are formed in
the heart of a free country which may some day prove fatal to
its liberties.

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POWER EXRCISED BY THE MAJORITY IN AMERICA UPON

OPINION.

In America, when llie majority lias once irrevocably decided a question, all dis-
cnssion ceases. — Ucason oftiiis. — Moral power exercised hy the majority upon
opinion. — Democratic republics have deprived despotism of its physical instru-
ments. — Their despotism sways the minds of men.

It is in the examination of the display of public opinion in the
-United folates, that we dearly perceive how far the power of the
majority surpasses all the powers with Mhich we are acquainted
in Europe. Jntellectual principles exercise an influence which
is so invisible and often so hiappreciable, that they bailie the
toils of oppression. At the present time the most absolute mon-
archs in Europe are unable to prevent certain notions, which
are opposed to their authority, from circulating in secret through-
out their dominions, and even in their courts. Such is not the
case in America ; .'is long as the majority is still luidecidcd, dis-
cussion is caried on ; but as soon as its decision is irrevocably
pronounced, a submissive silence is observed ; and the friends,
as well as the opponents, of the measure, unite in assenting to
its propriety. 'J'he reason of this is ))erfect)v clear : no monarch
is so absolute as to combine all the jiowers of society in his own
hands, and to concjuer all opposition, with the energy of a ma-
jority, which is invested with the right of making and of executing
the laws.

The iiuthority of u king is purely ))hysical, and it controls the
actions of the subject without subduing ins private will ; but the
majority possesses a power w hich is ph\ sical and moral at the
same time ; it acts iij)on the will as well as upon the actions of
men, and it represses not only all contest, l)ut all controversy.

I know no country in which there is so little true indepen-
dence of mind and freedom of discussion as in America. In
any constitiitio)ial >t;itv in Europe every sort of reliii^ious and
political theory may be advocated and propagated abroad ; for
there is no country in Europe so subdued by any single author-

'f 1

245

I • 1

ity, as not to contain citizens who are ready to protect the man
who raises his voice in the cause of truth, from the consequences
of his hardihood. If he is unfortunate enough to live under an
absolute government, the people is upon his side ; if he inhabits
a free country, he may find a shelter behind the authority of the
throne, if he require one. The aristocratic part of society sup-
ports him in some countries, and the democracy in others. But
in a nation where democratic institutions exist, organized like
those of the United States, there is but one sole authority, one
single element of strength and of success, with nothing be-
yond it.

In America, the majority raises very formidable barriers to the
liberty of opinion : within these barriers an author may write
whatever he pleases, but he will repent it if he ever step beyond
them. Not that he is exposed to the terrors of an auto-da-fe,
but he is tormented by the slights and persecutions of daily oblo-
quy. His political career is closed for ever, since he has of- <>
fended the only authority which is able to promote his success.
Every sort of compensation, even that of celebrity, is refused to
him. Before he published his opinions, he imagined that he
held them in common with many others ; but no sooner has he
declared them openly, than he ^is loudly censured by his over-
bearing opponents, whilst those who think, without having the
courage to speak, like him, abandon him in silence. He yields
at length, oppressed by the daily cfibrls he has been making,
and he subsides into silence, as if he was tormented by remorse
for having spoken the truth.

Fetters and headsmen were the coarse instruments which
tyranny formerly employed ; but the civilization of our age has
refined the iirts of despotism, which seemed however to have
been sufliciently perfected before. The excesses of monarchi-
cal power had devised a variety of physical means of oppres-
sion ; the democratic republics of the present day have rendered
it as entirely an afiair of the mind, as that will which it is in-
tended to coerce. Under the absolute sway of an individual
despot, the body was attacked in order to subdue the soul ; and
the soul escaped the blows which were directed against it, and
rose superior to the attempt ; but such is not the course adopted
by tyranny in democratic republics ; there the body is left free,
and the soul is enslaved. The sovereign can no longer say,
'You shall think as I do on pain of death;' but he says, 'You
are free to think difierently from me, and to retain your life,
your property, and all that you possess ; but if such be your de-

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246

termination, you are henceforth an alien among your people.
You may retain your civil rights, but they will be useless to you,
for you will never be chosen by your fellow-citizens, if you so-
licit their suffrages ; and they will affect to scorn you, if you
solicit their esteem. You will remain among men, but you will
be deprived of the rights of mankind. Your fellow-creatures
will shun you like an impure being ; and those who are most
persuaded of your innocence will abandon you too, lest they
should be shunned in their turn. Go in peace ! 1 have given
you your life, but it is an existence incomparably worse than
death.'

Absolute monarchies have thrown an odium upon despotism ;
let us beware lest democratic republics should restore oppression,
and should render it less odious and less degrading in the eyes
of the many, by making it still more onerous to the iew.

Works have been published in the proudest nations of the Old
World, expressly intended to censure the vices and deride the
follies of the times : Labruyere inhabited the palace of Louis
XIV. when he composed his chapter upon the Great, and Mo-
liere criticized the courtiers in the very pieces which were acted
before the Court. But the ruling power in the United States is
not to be made game of ; the smallest reproach irritates its sen-
sibility, and the slightest joke which has any foundadon in truth
renders it indignant ; from the style of its language to the more
solid virtues of its character, everything must be made the sub-
ject of encomium. ]\o writer, whatever be his eminence, can
escape from this tribute of adulation to his fellow-citizens. The
majority lives in the perpetual practice of self-applause ; and
there are certain truths which the Americans can only learn from
strangers or Irom experience.

If great writers have not at present existed in America, the
reason is very simply given in these facts ; there can be no liter-
ary genius without freedom of opinion, and freedom of opin-
ion does not exist in America. The Inquisition has never been
able to prevent a vast number of anti-religons books from cir-
culating in Spain. The empire of the mnjority succeeds much
better in the United States, since it actually removes the wish of
publishing them. Unbelievers are to be met with in America,
but, to say the truth, there is no public organ of hifuielity. At-
tempts have been made by some governments to protect the
morality of nations by prohibiting licentious books. In the
United States no one is punished for this sort of works, but no
one is induced to write them ', not because all the citizens are

247

immaculate in their manners, but because the majority of the
community is decent and orderly.

In these cases the advantages derived from the exercise of this
power are unquestionable ; and I am simply discussing the nature
of the power itself. This irresistible authority is a constant fact, (
and its judicial exercise is an accidental occurrence. I

EFFECTS OF THE TYRANNY OF THE MAJORITY UPON THE
NATIONAL CHARACTER OF THE AMERICANS.

I of the tyranny oF the majority more sensibly felt hitherto in the manners
1 in the conduct of society. — They checit the development of leading cha-
""■ — Democratic repiihlics, organized like the United States, bring the

Effects
than

racters. __ ._, .,, ,..^ ...„ ^.,

practice of courting fivor within the reach of the many.— Proofs of this spirit
in the Umte«i States. — Why there is more patriotism in the people than in those
who govern in its name.

ixens are

The tendencies which I have just alluded to ar? as yet very
slightly perceptible in political society ; but they already begin
to exercise an unfavorable influence upon the national character
of the Americans. I am inclined to attribute the singular pau-
city of distinguished political characters to the ever-increasing
activity of the despotism of the majority in the United States.

When the American Revolution broke out, they arose in
great nimibers ; for public opinion then served, not to tyrannize
over, but to direct the exertions of individuals. Those cele-
brated men took a full part in the general agitation of mind
common at that period, and they attained a high degree of per-
sonal fame, which was reflected back upon the nation, but which P^ju^,
was by no means borrowed from it.

In absolute governments, the great nobles who are nearest to
the throne flatter the passions of the sovereign, and voluntarily
truckle to his caprices. But the mass of the nation does not
degrade itself by servitude; it often submits from weakness, from
habit, or from ignorance, and sometimes from loyalty. Some
nations have been known to sacrifice their own desires to those
of the sovereign with pleasure and with pride ; thus exhibiting
a sort of independence in the very act of submission. These
peoples are miserable but they are not degraded. There is a
great difl'crence between doing what one does not approve, and
feigning to approve what one does ; the one is the necessary
case of a weak person, the other befits the temper of a lacquey.

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In free countries, where every one is mr^c or less called upon
to give his opinion in the afTairs of state ; in democratic repub-
lics, where public life is incessantly conuninglcd with domestic
afl'alrs, where the sovereign audiority is accessible on every side,
and where its attention can almost always be attracted by voci-
feration, more persons are to be met with who speculate upon
its foibles, and live at the cost of its passions, than in absolute
monarchies. Not because men are naturally worse in these
States than elsewhere, but the temptation is stronger, and of
easier access at the sanie time. The result is a far more exten-
sive debasement of the characters of citizens.

Democratic republics extend the practice of currying favor
with the many, and they introduce it into a greater number of
classes at once : this is one of the most serious reproaches that
can be addressed to them. In democratic States organized on
the principles of the American republics, this is more especially
the case, where the authority of the majority is so absolute and
so irresistible, that a man must give up his rights as a citizen,
and almost abjure his quality as a human being, if he intends to
stray from the track which it lays down.

In that immense crowd which throngs the avenues vo power
in the United States, I found very few men who displayed any
of that manly candor, and that masculine iude|)endence of
opinion which frequently disthiguished the Americans in former
times, and which constitutes the leading feature in distinguished
characters wheresoever they may be found. It soems, at first
sight, as if all the minds of the Americans were formed upon
one model, so accurately do they correspond in their manner of
judging. A stranger does, indeed, sometimes meet widi Ame-
ricans who dissent from these rigorous formularies; with men
who deplore the defects of the laws, the mutability and the igno-
rance of democracy; who even go so far as to observe the evil
tendencies which impair the national character, and to point out
such remedies as it might be possible to apply; but no one is
there to hear these things beside yoursell", and you, lo whom
these secret reflections are confided, are a stranger and a bird of
passage. They are very ready to communicate truths whidi
are useless to you, but they condnue to hold a diflcrent language
in public.

If ever these lines are read in America, I am well assured of
two things : in the first place, that all who peruse them will raise
their voices to condemn me ; and in the second place, that very
many of them will acquit me at the bottom of their conscience.

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I liave liparrl of patriotism in the T/^nitod States, and it is a
virtue u'jicli may l)e (oiiiul amoiim- flu' ix'opic, hut never amoiif^
the leaders of the pco|)lo. This inii\ hr explained hy analogy ;
despotism (h^bases the oppressed imuh more than the oppressor;
in absolute monarchies the kinji; has often great virtues, but the
courtiers are invariably serA ile. It is true that the American
courtiers do not say 'Sire,' or 'Your Majesty' — a distinction
without a difference. 'J 'hey are forever talUinu: of the natural
intelliij^'ence of the populace they serve; they dt) not debate the
question as to which of the virtues of their master is pre-eminently
worthy of admiration ; for they assure him that Ik? possesses all
the A'irtues under heaven without havinp,' acrpiind them, or with-
out carinic to ac(|uire them : they do not nive him their dauji^h-
ters and their wives to bo raised at his pleasure to the rank of
his concubines, but, by sacrificing their opinions, they prostitute
themselves. Moralists and philosophers in America are not
obliged to conceal their opinions under the veilof allegory ; but,
before they venture upon a harsh truth, they ^ay, ' We are aware
that the people whicli wc are addressing is to(» superior to all
the weakiiesses of human nature to lose the command of its tem-
per for an instant ; and we should not hold this language if we
were not speaking to men, whom their virtues and iheir intelli-
gence render more worthy of freedom than all the rest of the
rid.'

won

It would have been impossible for the sycophants of Louis XIV.
to flatter more (le\i.'rously. For my part, 1 am persuaded that
in all governments, whatever their nature may be, serility will
cower to force, and adulation will cling to powe*'. The only
means of j)reveiiting men from flegrading th.omselves, is to invest
no one with that unlimited authority hich is the surest method
of debasing them.

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250

THE GREATEST DANGERS OF THE AMERICAN REPUBLICS
PROCEED FROM THE UNLIMITED POWER OF THE MAJORITY.

Democratic republics liable to perish from a misTjso of tlioir power, and not by
impotence.— Tiie GovcMnmeiits of the American repnbhcsare more centralized
and more energetic than those of the monarchies of Europe.— Dangers result-
ing from this — Opinions of Hamilton and Jellcrson upon this point.

Governments usually fall a sacrifice to impotence or to tyranny.
In the former case their power escapes from them : it is wrested
from their grasp in the latter. Many observers, who have wit-
nessed the anarchy of democratic States, have imagined that the
government of those States was naturally weak and impotent.
The truth is, that when once hostilities are begun between par-
ties, the government loses its control over society. But I do not
think that a democratic power is naturally without force or with-
out resources : say rather, that it is almost always by the abuse
of its force, and the misemployment of its resources that a demo-
cratic government fails. Anarchy is almost always produced by
its tyranny or its mistakes, but not by its want of strength.

It is ini:>ortant not to confound stability with force, or the
greatness of a thing with its duration. In democratic republics,
tlie 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 monarchies of Europe, and more ener-
getic than diey are. I do not, therefore, imagine that they will
perish from weakness.!

Jf ever the free institutions of America are destroyed, that
event may be attributed to the unlimited authority of the major-
ity, wliich may at some future time urge the minorities to des-
peration, and oblige thcni to have recourse to physical force.

* This power miy he centretl in an assembly, in which case it will be strong
without being stable ; or it may be centred in an individual, in which case it will
be Ifss strong, hut more stable.

t I pn^sumt; tliat it is srarce'y necessarv to remind the reader here, as well as
throughout the rem liiider of iliis chapti;r, that I am speaking not rf the Federal
Government, but ol the several Guvernmeuts of eucti btuto which the majority
coutrola at iu pleasure.

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251

Anarchy will then be the result, but it will have been brought
about by despotism.

Mr. Hamilton expresses the same opinion in the Federalist,
No. 51. "It is of g;reat importance in a republic not only to
guard the society against the oppression '"-f its rulers, but to
guard one part of the society against the injustice of the other
part. Justice is the end of government. It is the end of civil
society. It ever has been, and ever will be pursued until it be
obtained, or until liberty be lost in the pursuit. In a society,
under the forms of which the stronger faction can readily unite
and oppress the weaker, anarchy may as truly be said to reign
as in a state of nature, where the weaker individual is not secured
against the violence of the stronger: and as in the latter state
even the stronger individuals are prompted by the uncertainty
of their condition to submit to a government wiiich may protect
the weak as well as themselves, so in the former state will the
more powerful factions be gradually induced by a like motive to
wish for a government which will protect all parties, the weaker
as well as the more powerful. It can be little doubted, that if
the State of Rhode Island was separated from the Confederacy
and left to itself, the insecurity of rigiita under the popular form
of government within such narrow limits, would be displayed
by such reiterated oppressions of the factious majorities that
some power altogether independent of the people, would soon be
called for by the voice of the very factions whose misrule had
proved the necessity of it."

Jefferson has also thus expressed himself in a letter to Madison :*
" The executive power in our Government is not only, perhaps
not even the principal object of my solicitude. The tyrann}' of
the legislature is really the danger most to be feared, and will
contiiuic to be so for many years to come. The tyranny of the
executive power will come in its turn, but at a more distant
period."

I am glad to cite the opinion of Jefferson upon this subject '
rather than that of another, because I consider him to be the /
most powerful advocate democracy has ever sent forth.

• 15tb March, 1789.

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CHAPTER XVI.

CAUSES WHICH MITIGATE THE TYRANNY OF THE MAJORITY IN

THE UNITED STATES.

ABSENCE OF CENTRAL ADMINISTRATION.

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The national majority does not pretend to conduct all business. — Is obliged to
employ tlie town and county n)agistrutes to execute its supreme decisions.

I HAVE already pointed out the distinction wliich is to be made
between a centralized goveinnient and a centralized administra-
tion. The former exists in America, but the latter is nearly
unknown there. If the directing power of the American com-
munities had both these instruments of government at its dis-
posal, and united the habit of executing its own commands, to
the right of commanding ; if, after having established the general
principles of government, it descends to the details of public
business ; and if, having regulated the great interests of the
country, it would penetrate into the privacy of individual interest,
freedom would soon be banished from the New World.

But in the United States the majority which so frequently dis-
plays the tastes and the propensities of a despot, is still destitute
of the more ])erfcct instnmients of tyranny.

In the American republics the activity of the central govern-
ment has never as yet been extended beyond a limited number
of objects sufliciently prominent to call forth its attention. The
secondary art'airs of society have never been regulated by its
autliority ; and nothing has hitherto betrayed its desire of inter-
fering in them. The majority is become more and more abso-
lute, but it has not imreased the prerogatives of the central
govcnnnent ; those groat prerogatives have been confined to a
certain sphere ; and although the despotism of the majority may
be galling upon one point, it cannot be said to extend to all.
However the predominant party in the nation may be carried
away by its passions; however ardent it may be in the pursuit
of its projects, it cannot oblige all the citizens to comply with
its desires in the same inannc r, and at the same time throughout
the country. When the central G overnment wliich represents that

253

)RITy IN

majority has issued a decree, it must entrust the execution of its
will to agents, over whom it frequently has no control, and whom
it cannot perpetually direct. The townships, municipal bodies,
and counties may therefore be looked upon as concealed break-
water, which check or part the tide of popular excitement. If
an oppressive law were passed, the liberties of the people would
still be protected by the means by which that law would be put
in execution : the majority cannot descend to the details, and
(as I will venture to style them,) the puerilities of administrative
t3Tanny. Nor does the peoplo entertain that full consciousness
of its authority, which would prompt it to interfere in these mat-
ters ; it knows the extent of its natural powers, but it is unac-
quainted with the increased resources which the art of govern-
ment might furnish.

This point deserves attention ; for if a democratic republic, /
similar to that of the United States, were ever founded in a coun-
try where the power of a single individual had previously sub-
sisted, and the efl'ects of a centralized administration had sunk
deep into the habits and the laws of the people, I do not hesi-
tate to assert, that in that country a more insufferable despotism
would prevail than any which now exists in the absolute monar-
chies of Europe ; or indeed than any which could be found on
this side the confines of Asia.

iUy ?

THE PROFESSION OF THE LAW IN THE UNITED STATES SERVES
TO COUNTERPOISE THE DEMOCRACY.

Utility of discrimitmtin^ the nnturnl propensities of the members of the legal
prol'ession. — These iiieii calleij upon to act ii prominent part in future sopiety.
— In wliat manner the peculiar pursuits of lawyers give an nristocralic turn to
their iileas. — Acciclpntal causes which may cheek this tendency. — Kase with
whicli the aristocracy coalesces with legal men. — Use of lawyers to a d(;s])ot. —
Tiie profession of the law constitutes the only aristocratic element with which
the natural elements of democracy will combine. — Peculiar causes wliich tend
to give an aristocratic turn of mind to the English and American lawyer. —
The aristocracy of America is on the bench and at the bar. — Intluence of law-
yers upon American society.— Their peculiar magesterial habits alfect the legis-
lature, the administration, and even the people.

In visiting the Americans and in studying their laws, we per-
ceive that the authority they have entrusted to members of the
legal profession, and the influence which these individuals exer^

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cise ill the Government, is the most powerful existing security
against the excesses of democracy.

This e/lect seems to me to result from a general cause which it
is useful to investigate, since it may produce analogous conse-
quences elsewhere.

The members of the legal profession have taken an important
part in all the vicissitudes of political society in Europe, during
the last five hundred years. At one time they have been the
instruments of those who were invested with political authority,
and at another they have succeeded in converting political au-
thorities into their instrument. In the Middle Ages they afforded
a powerful support to the Crown ; and since that period they
have exerted themselves to the utmost to limit the royal preroga-
tive. In England they have contracted a close alliance with the
aristocracy ; in France they have proved to Le the most danger-
ous enemies of that class. It is my object to inquire, whether,
under all these circumstances, the members of the legal profes-
sion have been swayed by sudden and momentary impulses ; or
whether they have been impelled by principles which are inhe-
rent in their pursuits, and which will always recur in history. I
am incited to this investigation by reflecting that this particular
class of men will most likely play a prominent part in that order
of things to which the events of our time are giving birth.

Men who have more especially devoted themselves to legal
pursuits, derive from those occupations certain habits of order,
a taste for formalities, and a kind of instinctive regard for the
regular connexion of ideas, which naturally render them very
hostile to the revolutionary spirit and the unreflecting passions
of the multitude.

The special informatiou which lawyers derive from their stu-
dies, ensures them a separate station in society ; and they con-
stitute a sort of privileged body in the scale of intelligence.
This notion of their superiority perpetually recurs to them in the
practice of their profession : they are the masters of a science
which is necessary, but which is not very generally known : they
serve as arbiters between the citizens ; and the habit of directing
the blind passions of parties in litigation to their purpose, in-
spires them with a certain contempt for the judgment of the
multitude. To this it may be added, that they naturally consti-
tute a body ; not by any previous understanding, or by an agree-
ment which directs them to a common end ; but the analogy of
their studies and the uniformity of their proceedings connect
their mind together, as much as a common interest would com-
bine their endeavors.

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255

A portion of the tastes and c: the habits of the aristocracy
may consequently be discovered in the characters of men in the
profession of the law. They participate in the same instinctive
love of order and of formalities ; and they entertain the same repug-
nance to the actions of the multitude, and the same secret con-
tempt of the government of the people. I do not mean to say
that the natural propensities of lawyers are sufiiciently strong
to sway them irresistibly ; for they, like most other men, are
governed by their private interests and the advantages of the
moment.

In a state of society in which the members of the legal pro-
fession are prevented from holding that rank in the political
world which they enjoy in private life, we may rest assured that
they will be the foremost agents of revolution. But it must then
be inquired whether the cause which induces them to innovate
and to destroy is accidental, or whether it belongs to some last-
ing purpose which they entertain. It is true that lawyers mainly
contributed to the overthrow of the French Monarchy in 1789;
but it remains to be secii whether they acted thus because they
had studied the laws, or because they were prohibited from co-
operating in the work of legislation.

Five hundred years ago the English nobles headed the peo-
ple, and spoke in its name ; at the present time, the aristocracy
supports the throne, and defends the royal prerogative. But
aristocracy has, notwithstanding this, its peculiar instincts and
propensities. We must be careful not to confound isolated
members of a b(tdy with the body itself. In all free govern-
ments, of whatsoever form they may be, members of the legal
profession will be found at the head of all parties. The same
remark is also applicable to the aristocracy ; for almost all the
democratic convulsions which have agitated the world have been
directed by nobles.

A privileged body can never satisfy the ambition of all its
members ; it has always more talents and more passions than it
can find places to content and to employ ; so that a considera-
ble number of individuals are usually to be met with, who are
inclined to attack those very privileges, which they find it im-
possible to turn to their own account.

I do not, then, assert that all the members of the legal pro-
fession are at all times the friends of order, and the opponents
of innovation, but merely that most of them usually are so. In
a community in which lawyers are allowed to occupy, without
opposition, that high station which naturally belongs to them,

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their general spirit will be eminently conservative and anti-demo-
cratic. When an aristocracy excludes the leaders of that pro-
fession from its ranks, it excites enemies which are the more for-
midable to its security as they are indepeudent of the nobility
by their industrious pursuits ; and they feel themselves to be its
equal in point of intellij^jence, althoup;h they enjoy less opulence
and less power. But whenever an aristocracy consents to impart
some of its privileges to these same individuals, the two classes
coalesce very readily, and assume, as it were, the consistency
of a single order of family interests.

I am, in like manner, inclined to believe, that a monarch will
always be able to convert legal practitioners into the most ser-
viceable instruments of his authority. There is a far greater
affinity between this class of individuals and the executive power,
than there is between them and the people: just as there is a
greater natural affinity between the nobles and the monarch,
than between the nobles and the people, although the higher
orders of society have occasionally resisted the prerogative of
the Crown in concert with the lower classes.

Lawyers are attachetl to public order beyond every other con-
sideration, and the best security of public order is authority.
It must not be forgotten, that if they prize the free institutions
of their country much, they nevertheless value the legality of
those institutions far more : tliey are less afraid of tyranny than
of arbitrary power; and provided that the legislature take upon
itself to deprive men of their independence, they are not dissa-
tisfied.

I am therefore convinced that the prince who, in presence of
an encroaching democracy, should endeavor to impair die
judicial authority in his dominions, and to diminish the political
influence of lawyers, would commit a great mistake. He would
let slip the substance of authority to grasp at the shadow. He
would act more wisely in introducing men connected with the
law into the government ; and if he entrusted them with the
conduct of a despotic power, bearing some marks of violence,
that power would most likely assume the external features of
justice and of legality in their hands.

The government of democracy is fiivorable to the political
power of lawyers; for when the wealthy, the noble, and the
prince are excluded from the governm^Mt, they are sure to oc-
cupy the highest stations in their own right, as it were, since
they are the only men of information and sagacity, beyond the
sphere of the people, who can be the object of the popular

257

sure to oc-

choice. If, then, they are led by their tastes to combine with
the aristocracy and to support the Crown, they are naturally
broup;ht into contact with the people by their interests. They
like the p;overnment 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 docs not mistrust the members of the legal
profession, because it is well known that they are interested in
serving the popular cause ; and it listens to tiiem without irrita-
tion, because it does not attribute to them any sinister designs.
The object of lawyers is not, indeed, to overthrow the institu-
tions of democracy, but they constantly endeavor to gi^'e it an
impulse which diverts it from its real tendency, by means which
are foreign to its nature. Lawyers belong to the people by
birth and interest, to the aristocracy by habit and by taste, and
they may be looked upon as the natural bond and connecting
link of the two great classes of society.

The profession of the law is the only aristocratic element which
can be amalgamated without violence with the natural elements
of democracy, and which can be advantageously and permanent-
ly combined witli them. I am not unacquainied with the defects
which are inherent in the character of that body of men ; but
without this admixture of lawyer-like sobriety with the demo-
cratic principle, I question whether democratic institutions coidd
long be maintained ; and I caimot believe that a republic could
subsist at the present time, if the influence of lawyers in public
business did not increase in proportion to the power of the
people.

This aristocratic character, which I hold to be common to the
legal profession, is much more distinctly marked in the United
States and in England tlian in any other country. This pro-
ceeds not only from the legal studies of the Knglish and Ame-
rican lawyers, but from the nature of tiie legislation, and the
position which those persons occupy, in the two eouutries. The
English and the Americans have retained the law of precedents ;
that is to say, they conthiue to found their legal opinions and the
decisions of their courts upon the opinions and decisions of their
forefathers. In the mind of an English or American law} er, a
taste and a reverence for what is old, is almost always united to
a love of regular and lawful proceedings.

This predisposition has another eil'ect upon the character of
the legal profession and upon the general course of society.
The English and American lawyers investigate what has been
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done ; the Fronrh advocate inqiiiros what should have been done :
the former jirodiiee preredents ; the latter reasons. A French
observer is surprised to hear how often an Knt;lish or an Ame-
rican ]a\vver c|Uotes the opinions of others, and how little he al-
ludes to his own ; whilst the reverse occurs in France. There,
the most trifllui;' litiu;ation is never conducted without the intro-
duction of an entire system of ideas peculiar to the counsel em-
ployed ; and the finidamental principles of law are discussed iji
order to obtain a perch of land by the decision of the court.
This abnep:atlon of his own opinion, and this lm])ricit deference
to the o])inion of his forefathers which are connnon to the Knii:lish
and American lawyer, this subjection of thouirht which he is
obliged to jjrofess, necessarily pve him more timid habits and
more slug'Uilsh inclinations in England and America than in
France.

The French Codes are often diUH-ult of comprehension, but
they can be read by every one ; nothing, on the other hand, can
be more impenetrable to the uninitiated than a legislation
founded u))on precedents. The indispensable want of legal
assistance which is felt in l^ngland and in the United States, aiul
the high opinion which is generally entertained of the ability of
the legal j)rofession, tend to separate it more and more from the
people, and to ])lace it in a dlsthu't class. The French lawyer
is simply a man extensively acquainted with the statutes of his
country; but the English or American lawyer resembles the
hieropliants of Egypt, lor, like them, he is the sole interpreter of
an occult science.

The station which lawyers occupy In England and America,
exercises no less an Inlhience uj)on their habits and their o|)iii-
ions. The English aristocracy, which has taken care to attract
to its sphere whatever Is at all analogous to itself, has confi'rred
a high degree of imjiortancc and of authority upon the members
of the legal profession. ]n English society lawyers do not oc-
cupy the first rank, but they are contented with the station
assigned to them; they constitute, as it wer<^ the younger brant-ii
of the English aristocracy, and they are attached to their elder
brothers, although they do not enjoy all their privileges. The
English lawyers consequently mingle the tastes and the ideas of
the aristocratic circles in which they move, with the aristocratic
interests of their ])ro{l'ssl()n.

And indeed the lawyer-like character which I am endeavoring
to depict, is most distinctly to be met with in England : there,
laws are esteemed not so much because they are good, as be-

269

in done :

French
in Ame-
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canse they are old ; and if it be necessary to niodily them in any
respect, or to adapt them to the chanu;es Mhich time operates
in society, recourse is had to the most inconceivable contrivances
in order to uj)hold the traditionary fabric, and to maintain that
nothinc,' has been done which does not s([uare with the intentions,
and complete the labors, of former generations. The very in-
di^ iduals who con<liict thes(^ chanties disclaim all intention of
innovation, and they had ri'ther resort to absurd e.\i)edients than
plead fi'uilty to so ^reat a crime. This spirit appertains more
es|)ecially to the English lawyers ; they seem iiuliU'erent to the
real meaninj^ of what they treat, and they direct all their atten-
tion to the letter, seeminiu,' incliiK.'d to infrin^,e the rules of com-
mon sense and of humanity, radier than to swerve one tittle
ii'om the law. The KujU'lish legislation may l)e compared to the
stock of an old tree, upon which lawyers have engrafted the
most various shoots, with tlie hope, that aUhouiih their fruits
may ditFer, their loliaj^e at least will be confounded with the
veneral)le trunk which sup])orts them all.

In America there are no nobles or literary men, and the peo-
})le is apt to mistrust the wealthy ; lawyers consecpumtly form
the hijj;^hest political class, and the mo.>t cultivated circle of so-
ciety. They have therefore nothini^ to f:;ain by innovation,
which adds a conservative interest to their natural taste for pub-
lic order. ^11' I were asked where 1 place the American aristo-
cracy, I should reply without hesitation, that it is not composed
of the rich, who are united tofj^ether by no connnon tie, but that
it occu})ies the judicial bench and die bar. <r

The more we rellect uj)on all that occurs in the United States,
the more shall we be persuaded that the lawyers as a body, form
the most powerful, if not the only counterpoise to the democra-
tic element. In that coiuitry \\c }K>rceive how eminently the
Icual profession is qualified by its powers, and even by its de-
licts, to neetralize the vices which are inherent in popular gov-
ernment. A\'hen die American ])eopIe is intoxicated by ])assion,
or carried away by the impetuosity of its ideas, it is checked
and stopped by the almost hivisible inlluence of its leccal coun-
sellors, w ho secretly oppose their aristocratic propensities to its
democratic instincts, their superstitious attachment to what is
antique to its love of novelty, their narrow views to its innnense
designs, and their habitual procrastination to its ardent impa-
tience.

The courts of justice are the most visible organs by which
the legal profession is enabled to control the democracy. The

I mm

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260

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judf^e is a lawyer, who, indcpcnflently of the taste for rcpjiilarity
arui order which ho has contracted in die study of loffislation,
derives an adchtional love of stability from his own inalienable
functions. His ]ep:al attaiiunents have already raised him to a
distinguished rank anionifst his fcllow-citi/ens ; his political power
completes the distinction of his station, and gives him the incli-
nations natural to privileji!;ed classes.

Armed with the power of declarint? the laws to be imconsti-
tutional,* the American magistrate perpetually interferes in po-
litical affairs. He cannot force the people to make laws, but at
least he can oblige it not to disobey its own enactments, or to
act inconsistently with its own principles. I am aware that a
secret tendency to diminish the judicial power exists in the United
States ; and by most of the Constitutions of the several States,
the Government can, upon the demand of the two Houses of
the legislature, remove the judges from their station. By some
other constitutions the members of the tribunals are elected, and
they are even subjected to frequent re-elections. I venture to
predict that these innovations will sooner or later be attended
with fatal consequences ; and that it will be found out at some
future period, that the attack which is made upon the judicial
power has affected the democratic republic itself.

It must not, however, be supposed that the legal spirit of
which I have been speaking has been confined, in the United
States, to the courts of justice ; it extends far beyond them.
As the lawyers constitute the only enlightened class which the
people does not mistrust, they are naturally called upon to occu-
py most of the public stations. They fdl the legislative assem-
blies, and they conduct the administration ; they consequently
exercise a powerful influence upon the formation of the law, and
upon its execution. The lawyers are, however, obliged to yield
to the current of public opinion, which is too strong for them to
resist it ; but it is easy to find indications of what their conduct
would be, if they were free to act as they chose. The Ameri-
cans, who have made such copious innovations in their political
legislation, have introduced very sparing alterations in their
civil laws, and that with great difficulty, although those laws
are frequently repugnant to their social condition. The reason
of this is, that in matters of civil law die majority is obliged to
defer to the authority of the legal profession, and that the Ame-
rican lawyers are disinclined to innovate when they are left to
their own choice.

* See Chapti VI., p. 78, on the Judicial Power in the United States.

'261

ifularity
islation,
lienable
lim to a
il })ower
le iiicli-

nconsti-
i in po-
5, but at
its, or to
•e that a
[) United
1 States,
houses of
By some
•ted, and
nture to
attended
at some
judicial

spirit of

c United

id tliem.

liich the

to occu-

assem-

equently

aw, and

to yiehl

them to
conduct

Ameri-
political

in their
ose laws
le reason
bliged to
he Ame-
e left to

tates.

It is curious for a Frenchman, accustomed to a very diflcrent
state of thinfi^s, to hear the p* rpetiial complaints which are made
in the United States, ap:ainst tlie stationary propensities of legal
men, and their prejudices in favor of existing institutions.

The influence of the legal habits which are common in Ame-
rica extends beyond the limits 1 have just pointed out. Scarcely
any question arises in the United States which does not become,
sooner or later, a subject of judicial debate ; hence all parties
are obliged to borrow the ideas, and even the language usual
in judicial proceedings, in their daily controversies. As most
public men are, or have been legal practitioners, they introduce
the customs and technicalities of their profession into the aflairs
of the country. The jury extends this habitude to all classes.
The language of the law thus becomes, in some measure, a vul-
gar tongue; the spirit of the law, which is produced in t'e
schools and courts of justice, gradually penetrates beyond their
walls into the bosom of society, where it descends to the lovest
classes, so that the whole people contracts the habits and the
tastes of the magistrate. The lawyers of the United States form
a party which is but little feared and scarcely perceived, which
has no badge peculiar to itself, which adapts itself with great
flexibility to the exigencies of the time, and accommodates itself
to all the movements of the social body : but this party extends
over the whole community, and it penetrates into all classes of
society ; it acts upon the country imperceptibly, but it finally
fashions it to suit its purposes.

TRIAL BY JURY IN THE UNITED STATES CONSIDERED AS A
POLITICAL INSTITUTION.

Trial by Jury, which is one of the instruments of tlie sovereignty of tiie people,
deserves to be compared with the other laws wliich estaWish thatsovoroigiity. —
Composition of the jury in the United States. — ElVect of trial by jury upon
the national character. — It educates the people. — It tends to estabiisli the au-
thority of the magistrates and to extend a knowledge of law among the people.

Since I have been led by my subject to recur to the adminis-
traljon of justice in the United States, I will not pass over this
point without adverting to the institution of the jury. Trial by
jury may be considered in two separate points of view : as a ju-
dicial, and as a political institution. If it entered into my pres-

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262

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ent purpose to inquire, how far trial by jury (more especially in
civil cases) contributes to insure the best administration of Justice,
I admit that its utility might be contested. As the Jury was
first introduced at a time when society was in an uncivilized
state, and when courts of justice were nierely called upon to de-
cide on the evidence of facts, it is not an eas^' task to adapt it to
the wfints of a highly civilized community, when the mutual re-
lations of men arc multiplied to a surprising extent, and have
assumed the enlightened and intellectual character of the age.*

JNIy present object is to consider the jury as a j)olitical institu-
tion ; and any other course wou.d ilivert me from my subject.
Of trial by jury, considered as a judicial institution, I shall here
say but very few words. When the Eng^lish adopted trial by
jury they were r< semi-barbarous people ; they are become, in
coiu'se of time, one of the most enlightened nations of the earth ;
and their attachment to this institution seems to have iiu'reased
with their increasing cultivation. They soon spread beyond
their insular boundaries to every corner of the habitable globe ;
some have formed colonies, others independent States ; the
mother-country has maintained its nniarchical constitution ;
many of its ollspring have founded powerful republics ; but
wherever the English have been, they have boasted of the privi-
lege of trial by jury.f They have established it, or hastened to
re-establish it in all their settlements. A judicial institution
which obtains the su/1'rages of a great people for so long a series of
ages, Avhich is zealously renewed at every ejioch of civilization,
in all the climates of the earth, and under every form of lunuan
government, camu)t be contrary to the spirit oijustice.|

* The investigation of trial by jury as a judicial institution, and tiio appre.^I..
tion of its elFects in the United States, toirnlher with liie advantajies tiie Ameri-
cans have derived from it, woidd sulliee to form a hooit, and a book iippii a very
useful and curious subject. Tiie State of Louisiana would in particular alford
tiie curious piiamomenon of a French and Ijighsh legislation, as well as a Frcnicii
and i'.nglish popnialion, whicii are gradually combining with each other. See
t!)e ' Digeste des Lois de la Louisianc,' in two volumes; and the ■ Traite snr Its
Kegles des Actions civiles,' printed in French and English at i\cw Orleans in

t All the English and American jurists are nnanim'ous upon this head. Mr.
Story, Judge of the Supreme CoiU't of the United .States, speaks, in iiis Treatise
on the Federal Consliintion, of the advantages of trial by jnry in civil cases:
"The inestimable privilege of a trial by jury in civil cases — a privilege scarcely
inferior to that in criminal cases, which is counted by all persons to be essenliai
to political and civil liberty...." (Story book iii. eh. xx.wiii.)

t If it were our province to |(oint out the utility of the jury as a judicial insti-
tution in this place, much might be said, and the followini; arguments might be
brought forward amongst others :

By introducing the jury into the business of the courts you are enabled to di-
niimsh the number of judges ; which is a very great adviiatage. When judges

263

I turn, however, from this part of the subject. To look upon
the jury as a mere judicial institution, is to confine our atten-
tion to a very narrow view of it ; for, however great its influ-
ence may be upon the decisions of the law-courts, that influ-
ence is very subordinate to the powerful eflects which it produces
on the destinies of the community at large. The jury is above
all a political institution, and it must be regarded in this light
in order to be duly appreciated.

By the jury, I mean a certain number of citizens chosen
indiscriminately, and invested with a temporary right of judg-
ing. Trial by jury, as applied to the repression of crime,
appears to me to introduce an eminently republican element
into the Government, upon the following grounds :

The institution of the jury may be aristocratic or democratic,
accordingly to the class of society from which the jurors are se-
lected ; but it always preserves its republican character, in as
much as it places the real direction of society in the hands of
the governed, or of a portion of the governed, instead of leav-
ing it under the authority of the Government. Force is never
more than a transient element of success ; and after force comes
the notion of ritiht. A Government which siionld only be able
to crush its enemies upon a field of battle, would very soon
be destroyed. The true sanction of political laws is to be
foiMid in penal lei>:islation, and if ihat sanction be wanting, the
law will sooner or later lose its cogency. He who punishes

are very jiiiiuorniis, tlpiith is perpetually lliiiining tlic ranks of the judicial fiinc-
lioniirics, and layinjr placi's vacant for new coiners. Tiie ambition of the nian:is-
trates is tliereforo continually excited, and tiicy are natm-ally niade dependent
upon the wdl of the inajoritv, or the individual who tills ii)) vacant appointments:
the ollicers of the courts tlien rise like the oilicers of an army. This state of
thiniis is entirelv contrary to the sound adiinnistration of justice, and to the inten-
tions of the le:,'islator. The ollice of a jiidfre is made inalienahlo in order that he
may remain independent; hut of what advantage is it that his independence
slio lid hi\ protected, if he he tempted to sacrifice it of his own accord / When
judijes are very numerous, many of them nmst necessarily be incapable of per-
foriiiiiis; their important duties; for a creat nngistrate is a man of no common
])owers: and I am iiK iined to belicive that a halfenliifhtoned trilmiial is the wors^t
of all instruments for attaining those objects which it is the purpose of courts of
justice to accomplish. Tor my own part, 1 liad rather submit the decision of a
ciise to i>;iiorant jurors directed by a skillful judi'e, than to jiidjres, a majority of
whom are imperiectly acqii inted with jurisprudence! and with the laws.

[I venture to remiiid the reader, lest this note should appear somewhat redtin-
diiut to ail Kiiijlish eye, that the jury is an iii-aitntion which has only been natii-
rjili/.fil 111 Trance witliin the present century; that it is even now exclusively ap-
])lied In those criminal causes which come before the Courts of Assize, or to the
])rosecutions of the public press; and that the judges and coimsellors of the nu-
merous local trihiin lis of France— form ing a body of many thousand judicial
functionaries— try all civil causes, appeals from criuuual causes, and minor of-
fences, without the jury.— Translator's Note.'}

'31

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V , I

264

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infractions of the law, is therefore the real master of society.
Now, the institution of the jury raises the people itself, or at
least a class of citizens, to the bench of judicial authority.
The institution of the jury consequently invests the people, or
that class of citizens, with the direction of society.*

In England the jury is returned from the aristocratic portion
of the nation! ; the aristocracy makes the laws, applies the
laws, and punishes all infractions of the laws ; everything is
established upon a consistent footing, and England may with
truth be said to constitute an aristocratic republic. In the
United States the same system is applied to the whole people.
Every American citizen is qualified to be an elector, a juror,
and is eligible to office. | The system of the jury, as it is un-
derstood in America, appears to me to be as direct and as ex-
treme a consequence of the sovereignty of the people, as uni-
versal suffrage. These institutions are two instruments of equal
power, which contribute to the supremacy of the majority. All
the sovereigns who have chosen to govern by their own au-
thority, and to direct society instead of obeying its direction,
have destroyed or enfeebled the institution of the jury. The
monarchs of the House of Tudor sent to prison jurors who
refused to convict, and Napoleon caused them to be returned
by his agents.

However clear most of these truths may seem to be, they do
not command universal assent, and in France, at least, the in-
stitution of trial by jury is still very imperfectly understood.
If the question arise as to the proper qualification of jurors, it
is conflned to a discussion of the intelligence and knowledge of

* An important remark must however be made. Trial by jury does unques-
tionably invest the people with a general control over the actions of citizens, but
it does not furnish means of exercising this control in all cases, or with an abso-
lute authority. When an absolute monarch has the righ* of trying offences by
his representatives, the fate of the prisoner is, as it were, decided beforehand.
But even if the people were predisposed to convict, the composition and the non-
responsibility of the jury, would still afford some chances favorable to the protec-
tion of innocence.

f [In Trance, the qualification of the jurors is the same as the electoral quali-
fication, 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 Kngland, and &. in Wales, of freehold
lands or copyhold, by the statute W. and M., c. 24 : leaseholders for a time deter-
minable 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 re;il
and personal estate of the value of 100/. The qualifications, however, prescribed
in different statutes vary according to the object for which the jury iaiiupannelled.
See Blackstone's CommentaricB, b. iii. c. 2'i, — Translators Note.}

t See Appendix, G.

'■• . ■{ I

1 ■• 1

265

the citizens who may be returned, as if the jury was merely a
judicial institution. This appears to me to be the least part of
the subject. The jury is pre-eminently a political institution ;
it must be regarded as one form of the sovereignty of the peo-
ple ; when that sovereignty is repudiated, it must be rejected ;
or it must be adapted to the laws by which that sovereignty is
established. The jury is that portion of the Jiation to which
the execution of the laws is entrusted, as the Houses of Par-
liament constitute that part of tiie nation which makes the laws ;
and in order that society may be governed with consistency
and uniformity, the list of citizens qualilied to serve on juries
must increase and diminish with the list of electors. This I
hold to be the point of view most worthy of the attention of
the legislator ; and all that remains is merely accessory.

I am so entirely convinced that the jury is pre-eminently a
political ii.stitution, that I still consider it in this light when it
is applied in civil causes. Laws are always unstable unless
they are founded upon the manners of a nation : manners are
the only durable and resisting power in a people. When the
jury is reserved for criminal oflences, the people only witnesses
its occasional action in certain particular cases ; the ordinary
course of life goes on without its interference, and it is consi-
dered as an instrument, but not as the only instrument, of ob-
taining justice. 'rh\s IS truQ a fortiori when the jury is only
applied to certain criminal causes.

When, on the contrary, the influence of the jury is extended
to civil causes, its application is constantly palpable ; it affects
all the interests of the community ; every one co-opei ates in
its work : it thus penetrates into all the usages of life, it fash-
ions the human mind to its peculiar forms, and is gradually
associated with the idea of justice itself.

The institution of the jury, if confmed to criminal causes,
is always in danger ; but w hen once it is introduced into civil
proceedings, it defies the aggressions of time and of man. If
it had been as easy to remove the jury from the manners as
from the laws of England, it would have perished under Henry
VIII. and Elizabeth ; and the civil jury did in reality, at that
period, save tne liberties of the country. In whatever manner
the jury be applied, it cannot fail to exercise a powerful influ-
ence upon the national character; but this influence is prodi-
giously increased when it is introduced into civil causes. The
jury, and more especially the civil jury, serves to communicate
the spirit of the judges to the minds of all the citizens ; and this
34

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spirit, with the habits which attend it, Is the soundest prepara-
tion for free institutions. It imbues all classes with a respect
for the thing- judged, and with the notion of right. If these
two elements be removed, the love of independence is reduced
to a mere destructive passion. It teaches men to practise
equity ; evevy 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 reas-
on to apprehend a criminal prosecution is small, every one is
liable to have a civil action brought against him. The jury
teaches every man not to recoil before the responsibility of his
own actions, and impresses him with that manly confidence
without which political virtue cannot exist. It invests each
citizen with a kind of magistracy ; it makes them all feel the
duties which they are bound to discharge towards society ; and
the part which they take in the Government. By obliging men
to turn their attention to aflairs which are not exclusively their
own, it rubs ofi' that individual egotism which is the rust of
society.

The jury contributes most powerfully to form the judgment,
and to increase the natural intelligence of a people ; and this
is, in my opinion, its greatest advantage. It may be regarded
as a gratuitous public school ever open, in which every juror
learns to exercise his rights, enters into daily communication
with the most learned and enlightened menibers of the upper
classes, and becomes practically acquainted with the laws of
his country, which are brought within the reach of his capacity
by the eflbrts of the bar, the advice of the judge, and even by
the passions of the parties. I think that the practical intelli-
gence and political good sense of the Americans are mainly
attributable to the long use which they have made of the jury
in civil causes.

I do not know whether the jury is useful to those who are in
litigation ; but I am certain it is highly beneficial to those who
decide the litigation : and I look upon it as one of the most
efficacious means for the education of the people, which society
can employ.

What I have hitherto said applies to all nations ; but the re-
mark I am now about to make is peculiar to the Americans and
to democratic peoples. I have already observed that in demo-
cracies the members of the legal profession, and the magistrates,
constitute the only aristocratic body which car check the irre-
gularities of the people. This aristocracy is invested with no

267

physical power ; but it exercises its conservative influence upon
the minds of men : and the most abundant source of its autho-
rity is the institution of the civil jury. In criminal causes,
when society is armed against a single individual, the jury is
apt to look upon the judge as the passive instrument of social
power, and to mistrust his advice. Moreover, criminal causes
are entirely founded upon the evidence of facts which common
sense can readily appreciate ; upon this ground the judge and
the jury are equal. Such, however, is not the case in civil
causes; then the judge appears as a disinterested arbiter be-
tween the conflicting passions of the parties. The jurors look
up to him with confidence, and listen to him with respect, for
in this instance their intelligence is completely under the con-
trol of his learning. It is the judge who sums up the various
arguments with which their memory has been wearied out, and
who guides them through the devious course of the proceed-
ings ; he points their alleution to the exact question of fact,
which they are called upon to solve, and he puts the answer to
the question of law into their mouths. His influence upon their
verdict is almost unlimited.

If I am called upon to explain why I am but little moved by
the arguments dcrivi'd from tho igiioriuire of jurors in civil
causes, 1 rej)ly, that in these ])roreediiigs, whenever the question
to be solved is not a mere question of fact, the jury has only the
semblance of a judicial body. The jury sanctions the decision
of the judge ; th(»v, by the authority of society which they repre-
sent, and he, by that of reason and of law.*

In England and in America the judges exercise an influence
upon criminal trials which the French judges have never pos-
sessed. 'J'he reason of this dlflcrence may easily be discovered;
the iMialish and American magistrates estal)llsh their authority
in civil causes, and only transfer it afterwards to tribunals of
another kind, where that authority was not acquired. In some
cases (and they are frecjuently the most important ones,) the
American judges have the right of deciding causes, alone. f
Upon these occasions they are, accidentally, })laced in the posi-
tion which the French judiici. habitually occupy: but diey are
still surrounded by the reminiscence of the jury, and their judg-
ment has almost as much authority as the voice of the commu-
nity at large, represented by that institution. Their influence

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* See Appenflix, R,

t The Fedenil Judges decide upou their own authority almost all the questions
most important to tho country.

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268

extends beyond the limits of the Courts; in the recreations of
private life as well as in the turmoil of public business, abroad
and in the legislative assemblies, the American Judge is con-
stantly surroiuided by men who are accustomed to regard his
intelligence as superior to their own ; and after having exercised
his power in the decision of causes, he continues to influence
the habits of thought, and the characters of the individuals who
took a part in his judgment.

The jury, then, which seems to restrict the rights of magis-
tracy, does in reality consolidate its power ; and in no country
are the Judges so powerful as there, where the people partakes
their privileges. It is more especially by means of the Jury in
civil causes that the American magistrates imbue all classes of
society with the spirit of their profession. Thus the Jury, which
is the most energetic means of making the people rule, is also
the most efficacious means of teaching it to rule well.

ii
f '•♦,

if ■
l' ■'

CHAPTER XVII.

PRINCIPAL CAUSES WHICH TEND TO MAINTAIN THE DEMOCRA-
TIC REPUBLIC IN THE UNITED STATES.

A DEMOCRATIC republic subsists in the United States ; and the
principal object of this book hr.s been to account for the fact of
its existence. Several of the causes which contribute to main-
tain the institutions of America, have been voluntarily passed
by, or only hinted at, as I was borne along by my subject.
Others I have been unable to discuss ; and those on which I
have dwelt most are, as it were, buried in the details of the
former part of this work.

I think, therefore, that before I proceed to speak of the future,
I cannot do better than collect within a small compass the reas-
ons which best explain the present. In this retrospective chap-

269

tions of
abroad
is con-
^ard his
xercised
[ifluence
lals who

' magis-
country
partakes

Jury in
lasses of
y, which
e, is also

ter I shall be succinct ; for I shall take care to remind the reader
very summarily of what he already knows ; and I shall only
select the most prominent of those facts which I have not yet
pointed out.

All the causes which contribute to the maintenance of the
democratic republic in the United States are reducible to three
heads :

I. The peculiar and accidental situation in which Providence
has placed the Americans.

II. The laws.

III. The manners and customs of the people.

EMOCRA-

; and the
le fact of
to main-
y passed

subject.

wliich I
s of the

le future,
the reas-
ive chap-

ACCIDENTAL OR PROVIDEXTIAL CAUSES WHICH CONTRIBUTE

TO THE MAIXTENAXCE OP THE DEMOCRATIC REPUBLIC IN

THE UNITED STATES.

The Union has no neiglibors — No Metropolia. — The Americans have had the
chances of birth in their favor. — America an empty country. — How this cir-
cumstance contributes powerfully to the maintenance of the democratic re-
public in America. — How the American wilds are peopled. — Avidity of the
Anglo-Americans in taking possession of the solitudes of the New VVorld. —
Influence of physical prosperity upon the political opinions of the Americans.

A THOUSAND circumstances, independent of the will of man,
concur to facilitate the maintenance of a democratic republic in
the [ nited States. Some of these peculiarities are known, the
othors may easily be pointed out ; but I shall confine myself to
tiie most prominent anionp:st thcni.

The Americans have no neighbors, and consequently they
have no e;reat wars, or financial crisis, or inroads, or conquest
to dread ; they require neither great taxes, nor great armies,
nor great generals ; and they ha^ e nothing to fear from a scourge,
which is more formidable to republics than ail these evils com-
bined, namely, military glory. It is impossible to deny the in-
conceivable influence which military glory exercises upon the
spirit of a nation. General Jackson, whom the Americans have
twice elected to be the head of their Government, is a man of a
violent temper and mediocre talents ; no one circumstance in
the whole course of his career ever proved that he is qualified

illlMI

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270

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to govern a free people ; and indeed the majority of the enlipjht-
ened chisscs of tiie Union has ahvays been opposed to him.
But lie was raised to the Presidency, and has been maintained
in that lolty station, solely by the recollection of a victory which
he Grained, twenty 3ears aa^o, under the walls of New Orleans ;
a victory which was, however, a very ordinary achievement, and
which could oidy bo remcmhercd in a country where battles are
rare. Now the people who is thus carried away by the illusions
of glory, is unquestionably the most cold and calculating, the
most unmilitary (if I may use the expression,) and the most pro-
saic of all the peoples of the earth.

America has no great capital* city, whose influence is directly
or indirectly felt over the whole extent of the country, which I
hold to beoneof tlie first causes of the maintenance of republi-
can institutions in the United States. In cities, men cannot be
prevented from concerting togethtr, aiid from awakening a
mutual excitement which prompts Siidden and passionate reso-
lutions. Cities may be looked upon as large assemblies, of
which all the inhabitants arc members • their populace exercises
a prodigous influence upon the magistrates, and frequently
executes its own wishes without their intervention.

To subject the provinces to the metropolis, is therefore not
only to place the destiny of the empire in the hands of a portion
of the community, which may be reprobated as unjust, but to
place it in the hands of a populace acting under its own impidscs,
which must be avoided as dangerous. The preponderance of

* The United States have no metropolis; but they already contain several very
large cities. Philadelphia reckoned ItU.OOO inliabilants, and New York 2()ti,0(J(),
in the year 1830. The lower nrdcr« whifhinhahit thc^e cities constitute a rab-
ble even more formidable than the popniace of EuronwR towns. They consist
of freed Blacks in the first place, who are condomiUMl by the laws and by public
opinion, to an hereditary state of misery and degradation. They also contain a
iindtiiiide of Eiirojieans who have been driven to the shores of the New World
by their misfortunes or their Kiiscnndiicl; and these men inoculate the United
States with all our vices, without bringing with them any of those interests which
counteract their baneful influence. As iidiabitants of a country whiire they have
no civil rights, ihey are ready to turn all the ])iissions which agitate the commu-
nity to their own advan(nge ; ttuis, within ihe last lew months serious riots have
broken out in Philadelphia and in New Vork. Disturbances of this kind are un-
known in the rest of the country, which is nowise alarmed by them, because the
population of the cities lias hitherto exercised neither power nor influence over
the rural districts.

Nevertheless, I look upon the size of certain American cities, and especially
on the nature of their population, as a real danger which threatens the fuliirc
security of the democratic republics of the New World ; and I venture to pre-
dict that they will perish from this circumstance, unless the Governnu nt succeeds
in creating uu armed force, which, whilst it remains under the control of the ma-
jority of the nation, will be indepeudeut of tlie town population, and able to re-
press its ejtcesses.

271

1 I

capital cities is therefore a serious blow upon the representative
system ; and it exposes modern republics to ihe same defect as
the republics of antiquity, uhich all perished from not having
been acquainted with that form of government.

It would be easy for me to adduce a great number of second-
ary causes which have contributed to e.stabii>l), and which con-
cur to maintain the democratic republic of the United Slates,
But 1 discern two principal circumstances amongst these favor-
able elements, which 1 hasten to point out. 1 have already
observed that the origin of the American settlements may be
looked upon as the first and most eflicacious cause, to which
the present prosperity of the United States may be attributed.
The Americans had the chances of birth in their favor ; and
their forefathers imported that equality of conditions into the
country, whence the democratic republic has very naturally
taken its rise. i\or was this all they did ; for besides this re-
publican condition of society, the early settlers bequeathed to
their descendants those customs, manners and opinions which
contribute most to the success of a republican form of govern-
ment. When I rellcct upon the consequences of this primary
circumstance, methinks 1 see the destiny of America embodied
in the first Puritan who landed on those shores, just as the
human race was reprcseiUed by the fust man.

The chief circumstance which has favored the establishment
and the maintenance of a democratic republic in the United
States, is the nature of the territory which the Americans inha-
bit. Their ancestors gave them the love of equality and of
freedom : but God himself gave them the means of remaining
equal and free, by placing them upon a boundless continent,
which is open to their exertions. General prosperity is favor-
able to the stability of all governments, but more particularly
of a democratic constitution, which depends upon the disposi-
tions of the majority, and more particularly of that portion of
tlve community which is most exposed to feel the pressure of
want. When the people rules, it must be rendered happy, or
it will overturn the state : and misery is apt to stimulate it to
those excesses to which ambition rouses kings. The physical
causes, independent of the laws, which contribute to promote
general prosperity, are more numerous in America than they
have ever been in any other country in the world, at any other
period of history. In the United Slates, not only is legislation
democratic, but Nature herself favors the cause of the people.

In what part of human tradition can be found anything at all

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similar to tliat which is occurring- under our eyes in North
America? The celebrated commiinilies of anlir]uity were all
fo.inded in the midst of hostile nations, which they were obliged
to siihjiiRate, before they could flourish in their ()lacc. Kven
the moderns have found, in some parts of South America, vast
regions inhabited by a people of inferior civilization, but which
occupied and cultivated the soil. To found their new Slates,
it was necessary to extirpate or to subdue a numerous popida-
tion, until civilization has been made to blush for their suc-
cess. But North America was only inhabited by wandering
tribes, who took no thought of the natural riches of the soil :
and that vast country was still, properly speaking, an empty
continent, a desert land awaiting its inhabitants.

PiVery thing is extraordinary in America, the social condition
of the inhabitants, as well as the laws ; but the soil u[)oh w Inch
these institutions are founded is more extraordinary than all the
rest. When man was first placed upon the earth by the Creator,
that earth was inexhaustible in its youth ; but man was weak and
ignorant : and when he had learned to explore the treasures
which it contained, hosts of his fellow-creatures covered its sur-
face, and he was obliged to earn an asyluin for repose and for
freedom by the sword. At that same period North America w as
discovered, as if it had been kept in reserve by the Deity, and
had just risen from beneath the waters of the deluge.

That continent still presents, as it did in the prima-val time,
rivers which rise from never-failing sources, green and moist
solitudes, and fields which the ploughshare of the husbandman
has never turned. ' In this state, it is ofiered to man, not in the
barbarous and insolated condition of the early ages, but to a
being who is already in possession of the most potent secrets of
the natural world, who is united to his fellow-men, and instructed
by the experience of fifty centuries. At this very time thirteen
millions of civilized F.nropeans are peaceably spreading over
those fertile plains, with whose resources and w hose extent they
are not yet accurately acquainted. Three or four thousand
soldiers drive the wandering races of the aborigines before them ;
these are followed by the pioneers, who pierce the woods, scare
ofl'the beasts of prey, explore the courses of the inland streams,
and make ready the triumphal procession of civilization across
the waste.

The favorable influence of the temporal prosperity of America
upon the institutions of that country, has been so often described
by others, and adverted to by myself, that I shall not enlarge

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upon it beyond the addition of a few facts, an erroneous notion
is fj^(Mierally entertained, that the deserts of America are peopled
hy Kiiorpean emigrants, wiio anually disembark upon the coasts
of the New World, whilst the American population increases
and multiplies upon tlie soil which its forefathers tilled. The
European settler, however, usually arrives in the United States
without friends, and sometimes without resources ; in order to
subsist he is oblif^ed to work for hire, and he rarely proceeds
beyond that belt of industrious population which adjoins the
ocean. This desert cannot be explored without capital or credit,
and the body must be accustomed to the rip;ors of a new climate,
before it can be exposed to the chances of forest life. It is the
Americans themselves who daily quit the spots which gave them
birth, to noquire extensive domains in a remote country. Thus
the Kuropean leaves bis cottap;e for the transatlantic shores ;
and the American, who is born on that very coast pluna!:cs in
the wilds of Central America. This double emigration is inces-
sant ; it begins in the remotest parts of Europe, it crosses the
Atlantic Ocean, and it advances over the solitudes of tlie New
World. Millions of men are marching at once towards the same
horizon ; thtjir language, their religion, their manniu's differ,
their object is the same. The gifts of fortune are promised in
the West, and to the West they bend their course.

No event can be compared with this continuous removal of
tlie human race, except perhaps those irruptions which preceded
the fall of the Roman Empire. Then, as well as now, genera-
tions of men were impelled forwards in the same direction to
meet and struggle on the same spot; but the designs of Provi-
dence were not the same ; then, every new comer was the har-
binger of destruction and of death ; now, every adventurer
brings with him the elements of prosperity and of life. The
future still conceals from us the ulterior consequences of this
emigration of the Americans towards the West ; but we can
readily apprehend its more immediate results. As a portion of
the inhabitants ainmally leave the States in which they wera
born, the population of these States increases very slowly, al-
though they have long been established : thus in Connecticut,
which only contains B9 inhabitants to the square mile, the popu-
lation has not been increased by more than one-quarter in forty
years, vbilst that of England has been augmented by one-third
in the lapse of the same period. The European emigrant always
lands, therefore, in a country which is but half full, and where
hands are in request : he becomes a workman in easy circum-
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stances ; his son pocs to scok bis fortune in unpeopled regions,
and he becomes a rich landowner. The former amasses the
capital which the latter invests, and the stranger as well as the
native is unacquainted with want.

The laws of the United States are extremely favorable to the
division of property ; but a cause which is more powerful than
the Ipws prevents property from beiufi; divided to excess.* This
is very perceptible in the States which are beginning to be thickly
peopled; Massachusetts is tlie most populous part of the Union,
but it contains oidy cS|) inhabitants to the square mile, which is
much less dian in France, where l(i'2 are reckoned to the same
extent of country, liut in Massachusetts estates are very rarely
divided ; the eldest son takes the land, and the others go to seek
their fortune in the desert. The law has abolished the rights
of primogeniture, but cinumstances have concurred to re-esta-
blish it under a Ibrm of which none can complain, and by which
no just rights are impaired.

A single fact will suflice to show the prodigious number of
individuals who leave New England, in this manner, to settle
themselves in the wilds. We were assured in i(S3<), that thirty-
six of the members of Congress were born in the little State of
Connecticut. The population of Connecticut, which constitutes
only one forty-third part of that of the United States, thus fur-
nished one-eighth of the whole body of representatives. The
State of Connecticut, however, only sends five delegates to Con-
gress ; and the thirty-one others sit for the new Western States.
If these thirty-one individuals had remained in Connecticut, it
is probfible that instead of becoming rich landowners they would
have remained humble laborers, that they would have lived in
obscurity without being able to rise into public life, and that, far
from becoming useful members of the legislature, they might
have been unruly citizens.

These reflections do not escape the observation of the Ame-
ricans any more than of ourselves. " It cannot be doubted,"
gays Chancellor Kent in his Treatise on American Law, " that
the division of landed estates must produce great evils when it
is carried to such excess 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 be-
fore they can be felt. The extent of our inhabited territory, die
abundance of adjacent land, and the continual stream of emigra-

* In New England the estates are exceedingly small, bat they are rarely sub-
jected to Airther division.

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275

tlon flowinp from the sliores of th(> Atlantic towards the interior
of the ( ountry, sunice as yet, und will long sufiice, to prevent the
parcelling out of estates."

It is (liffirnlt to describe the rapacity with which the American
rushes forward to secure the immense booty which fortune prof-
fers to him. In the pursuit, he fearlessly braves the arrow of the
Indian and the distempers of the forest ; he is unimpressed by the
silence of the woods; the approach of beasts of prey does not
disturb him ; for he is goaded onwards by a passion more intense
than the love of life. liefore him lies a boundless continent, and
he urges otiwards as if time pressed, and he was afraid of finding
no room for his exertions. 1 have spoken of the emigration
from the older States, but how shall I describe that which takes
place from the more recent ones ? Filty years have scarcely
elapsed since that of Ohio was foun'.led ; the greater part of its
inhabitants were not born within its confines ; its capital has only
been built thirty years, and its territory is still covered by an
immense extent of uiu'ultivated fields ; nevertheless, the j)opulation
of Ohio is already proceeding westward, and most of the settlers
who descend to the fertile savannahs of Illinois are citizens of
Ohio. These men left their lirst country to improve their con-
dition ; they quit their resting-place to ameliorate it still more ;
fortune awaits them everywhere, but hapj)iness they cannot attain.
The desire of prosperity is become an ardent and rcsdess passion
in their miiuls which grows by what it gains. They early broke
the ties which bound them to their natal earth, and they have
contracted no fresh ones on their way. Emigration was at first
necessary to them as a means of subsistence ; and it soon becomes
a sort of game of chance, which they pursue for the emotions it
excites, as inncU as for the gain it procures.

Sometimes the progress of man is so rapid that the desert
re-appears behind him. The woods stoop to give him a pas-
sage, and spring up again when he has passed, it is not un-
common in crossing the new States of the West to meet with
deserted dwellings in the midst of the wilds ; the traveller fre-
quently discovers the vestiges of a log-house in the most soli-
tary retreats, which bear witness to the power, and no less to
the inconstancy, of man. In these abandoned fields, and over
these ruins of a day, the prima'val forest soon scatters a fresh
vegetation ; the beasts resume the haunts which were once their
own ; and Nature covers the traces of man's path with branch-
es and with flowers, which obliterate his evanescent track.

I remember, that in crossing one of the woodland districts

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which still cover the State of New York, I reached the shore
of a lake, wliich was embosomed in forests coasval with the
world. A small island, covered with woods whose thick foliage
concealed its banks, rose from the centre of the waters. Upon
the shores of the lake no object attested the presence of man,
except a column of smoke which might be seen on the horizon
rising from the tops of the trees to tlie clouds, and seeming to
hang from heaven rather than to be mounting to the sky. An
Indian shallop was hauled up on the sand, which tempted me
to visit the islet that had at first attracted my attention, and in
a few minutes I set foot upon its banks. The whole island
formed one of those delicious solitudes of the New World,
which almost lead civilized man to regret the haunts of the
savage. A luxuriant vegetation bore witness to the incompa-
rable fruitfulness of the soil. The deep silence, which is com-
mon to the wilds of North America, was only broken by the
hoarse cooing of the wood-pigeon, and the lapping of the wood-
pecker upon the bark of trees. I was far from supposing that
this spot had ever been inhabited, so completely did Nature seem
to be left to her own caprices ; but when I reached the centre
of the isle I thought that I discovered sonic traces of man. I
then proceeded to examine the surrounding objects with care,
and I soon perceived that a European ha(l undoubtedly been
led to seek a refuge in this retreat. Yet what changes had taken
place Ml the scene of his labors ! The logs which he had has-
tily hewn to build himself a shed had sprouted afresh ; the very
props were intertwined with living verdure, and his cabin was
transformed into a bower. In the midst of these shrubs a icw
stones were to be seen, blackened with fire and sprinkled with
thin ashes ; here the hearth had no doubt been, and the chim-
ney in falling had covered it with rubbish. I stood for some
time in silent admiration of the exuberance of Nature, and the
littleness of man ; and when I was obliged to leave that en-
chanting solitude, I exclaimed with melancholy, " Are ruins,
then, already here .f"'

In Europe we are wont to look upon a restless disposition, an
unbounded desire of riches, and an excessive love of independ-
ence, as pro|)ensities very ibrmidable to society. Yet these
are the very elements which ensure a long and [)eaceftd dura-
tion to the republics of America. Without these unquiet pas-
sions the population would collect in certain spots, and would
soon be subject to wants like those vi' the Old World, which it
is Uiiricult to satisfy ; for such is the present good fortune of the

277

New World, that the vices of its inhabitants are scarcely less
favorable to society than their virtues. These circumstances
exercise a great influence on the estimation in which human
actions are held in the two hemispheres. The Americans fre-
quently term what we should call cupidity a laudable industry ;
and ihe^ blame as faint-heartedness what we consider to be the
virtue of moderate desires.

In France, simple tastes, orderly manners, domestic affec-
tions, and the attachment which men feel to the place of their
birth, are looked upon as great guarantees of the tranquillity
and happiness of the State, But in America nothing seems to
be more prejudicial to society than these virtues. The French
Canadians, who have faithfully preserved the traditions of their
pristine manners, are already embarrassed for room upon their
small territory ; and this little community, which has so recently
begun to exist, will shortly be a prey to the calamities incident
to old nations. In Canada, the most enlightened, patriotic, and
humane inhabitants make extraordinary efforts to render the
people dissatisfied with those simple enjoyments which still con-
tent it. There, the seductions of wealth are vaunted with as
much zeal, as the charms of an honest but limited income in the
Old World ; and more exertions are made to excite the pas-
sions of the citizens there than to calm them elsewhere. If we
listen to the eulogies, we shall hear that nothing is more praise-
worthy than to exchange the pure and homely pleasures which
even the poor man tastes in his own country, for the dull de-
lights of prosperity under a foreign sky ; to leave the patri-
monial hearth, and the turf beneath which his forefathers
sleep ; in short, to abandon the living and the dead in quest of
fortune.

At the present time America presents a field for human effort,
far more extensive than any sum of labor which can be applied
to work it. In America, too much knowledge cannot be dii-
fuscd ; for all knowledge, whilst it may serve him who pos-
sesses it, turns also to tlie advantage of those who are without
it. New wants are not to be feared, since they can be satisfied
without difficulty ; the growth of human passions need not be
dreaded, since all passions may find an easy and a legitimate
object : nor can men be put in possession of too much free-
dom, since they are scarcely ever tempted to misuse their
liberties.

The American republics of the present day are like com-
panies of adventurers, formed to explore in common the waste

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lands of the New World, and busied in a flourishing trade.
The passions which agitate the Americans most deeply, are
not their political, but their commercial passions ; or, to speak
more correctly, they introduce the habits they contract in busi-
ness into their political life. They love order, without which
affairs do not prosper ; and they set an especial value upon a
regular conduct, which is the Ibundalion of a solid business :
they prefer the good sense which amasses large fortunes, to
that enterprising spirit which frequently dissipates them ; ge-
neral ideas alarm their minds, which are accustomed to positive
calculations ; and the}' hold practice in more honor than theory.
It is in America that one learns to understand the influence
which physical prosperity exercises over political actions, and
even over opinions wliicli ouglit to acknowledge no sway but
that of reason ; and it is njore especially amongst strangers
that this truth is perceptible. Most of the European emigrants
to the New World carry with them that wild love of independ-
ence and of change, which our calamities are so apt to engen-
der. I sometimes met with Europeans, in the United States,
who had been obliged to leave their own country on account
of their political opinions. They all astonished me at the lan-
guage they held ; but one of them surprised me more than all
the rest. As I was crossing one of the most remote districts of
Pennsylvania, I was benighted, and obliged to beg for hospi-
tality at the gate of a wealthy planter, who was a Frenchman
by birth. lie bade me sit down beside his fire, and we began
to talk with that freedom which befits persons who meet in the
back woods, two thousand leagues from their native country.
I was aware that my host had been a great leveller, and an ar-
dent demagogue forty years ago, and that his name was not
unknown to fame. I was i.ierefore not a little surprised to
hear him discuss the rights of property as an economist or a
landowner might have done : he spoke of the necessary gra-
dations which fortune establishes among men, of obedience to
established laws, of the influence of good morals in common-
vvealt'' ;, and of the support which religious opinions give to
order ..nd to freedom ; he even went so far as to quote an
evfigelical authority in corroboration of one of his political
V .iCts.

I listened, and marvelled at the feebleness of human reason.
A proposition is true or false, but no art can prove it to be one
or the other, in the midst of the uncertainties of science and
the conflicting lessons of experience, until a new incident dis-

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perses the clouds of doubt ; I was poor, I become rich ; and I
am not to expect that prosperity will act upon my conduct, and
leave my judgment free : my opinions change with my fortune,
and the happy circumstances which I turn to my advantage,
furnish me with that decisive argument which was before
wanting.

The influence of prosperity acts still more freely upon the
American than upon strangers. The American has always
seen the connexion of public order and public prosperity, inti-
mately united as they are, go on before his eyes ; he does not
conceive that one can subsist without the other ; he has there-
fore nothing to forget ; nor has he, like so many Europeans,
to unlearn the lessons of his early education.

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INFLUENCE OF THE LAWS tlPON THE MAINTENANCE OF THE
DEMOCRATIC REPUBLIC IN THE UNITED STATES.

Three principal causes of tlie maintenance of the democratic republic. — Federal
Constitutions. — Municipal institutions. — Judicial power.

The principal aim of this book has been to make known the
laws of the IJnlted States; if this purpose has been accomplish-
ed, the reader is already enabled to Judge for himself, which
are the laws that really tend to maintain tlic democratic repub-
lic, and which endanger its existence. If 1 have not succeeded
in explaining this in the whole course of my work, I cannot hope
to do so within the limits of a single chapter. It is not my in-
tention to retrace the path I have already pursued ; and a very
few lines will suflicc to recapitulate what I have previously
explained.

Three circumstances seem to me to contribute most power-
fully to the maintenance of the democratic republic in the
United States.

The first is that Federal form of Covcrnment which the
Americans have adopted, and which enables the Union to
combine the power of a great empire with the security of a
small State ;

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280

The second consists in those municipal institutions which
limit the despotism of the majority, and at the same time im-
part a taste for freedom, and a knowledge of the art of being
free, to the people ;

The third is to be met with in the constitution of the judicial
power. I have shown in what manner the courts of justice serve
to repress the excesses of democracy ; and how they check and
direct the impulses of the majority, without stopping its activity.

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INFLUENCE OF MANNERS UPON THE MAINTENANCE OF THE
DEMOCRATIC REPUBLIC IN THE UNITED STATES.

I HAVE previously remarked that the manners of the people may
be considered as one of the general causes to which the mainte-
nance of a democratic republic in the United States is attribu-
table. I here use the word manners with the meaning which the
ancients attached to the word mores ; for I apply it not only to
manners, in their proper sense of what constitutes the character
of social intercourse, but I extend it to the various notions and
opinions current among men, and to the mass of those ideas which
constitute their character of mind. I comprise, therefore, under
this term the whole moral and intellectual condition of a people.
My intention is not to draw a picture of American manners, but
simply to point out such features of them as are favorable to the
maintenance of political institutions.

(Mr-

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RELIGION CONSIDERED AS A rOLITICAL INSTITUTIOxV, WHICH
POWERFULLY CONTRIBUTES TO THE MAINTENANCE OF THE
DEMOCRATIC REPUBLIC AMONGST THE AMERICANS.

North America peopled by men wlio professed a democratic and reptiblican
Cliristianity.— Arrival of the Cathohcs. — For what reason the Catholics form
the most democratic and the most republican class at the present time.'

Every reliij;ion is to bo fomul in juxtti-position to a political opin-
ion, whicii is connected with it by adinity. If the hnnian mind
be left to follow its own bent, it will regulate the tcunporal and
spiritnal institutions of society npon one uniform principle ; and
man will endeavor, if I may use the ex|iression, to harmonize the
state in which ho lives upon earth, with the state ho believes to
await him in heaven.

The ij^reatest part of British America was peopled by men who,
after havuip: shaken oil' the authority of the Po\h\ acknowledged
no other reliiiious supremacy : Uiey l)roiiG:lit with them into the
Sew World a form of Christianity, which 1 caiuiot l)etter descri])e,
than by stylint!; it a democratic and rej)iiblican relii;ion. This
sect contributed powerfully to the establishment of a democracy
and a republic ; and from the earliest settlement of the emigrants,
politics and religion contracted an alliance which has never been
dissolved.

About fifty years ago Ireland began to pour a Catholic popu-
lation into the United States; on the other hand, the Catholics
of America made proselytes, and at the present moment more
thiin a million of Christians, prof(^ssiiig the truths of the ('hiircli
of Ifome, are to l)e met with in the rnioii. 'J'hese Catholics are
fiiithful to the observances of their religion; they arc fervent and
zealous in the siipjiort and belief of their doctrines. Neverthe-
less they constitute the most re[)ublican and the most democratic
cla.;s of citiwns which exists in the United States; and alth-mgh
t'lis fact may siu'priso the observer at first, the causes by whicli
it is occasioiuMl may easily be discovered upon rellection.

I thiidi that the Catholic religion has erroneously boon looked

upon as the natural enemy of democracy. Amongst the various

sects of Christians, Catholicism seems to mc, on the contrary, to

be one of those whicli arc most favorable to the equality of con-

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ditions. In the Catholic Church, the religious community is
composed of only two elements ; the priest and the people.
The priest alone rises above the rank of his (lock, and all below
him are equal.

On doctrinal points the Catholic faith places all human capa-
cities upon the same level; it subjects die wise and the iG;norant,
the man of genius and the vulg'ar crowd, to the details of the
same creed ; it imposes the same observances upon the rich and
needy, it inllicts 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 distinc-
tions of society at the foot of the same altar, even as they are con-
founded in the sight of Cod. If Cadiolicism predisposes the faithful
to obedience, it certainly does not prepare them for inequality ; but
the contrary maybe said of Protestanism, which generally tends
to make men independent, more than to render them equal.

Catholicism is like an absolute monarchy; if the sovereign be
removed, all the other classes of society arc more equal than they
are in republics. It has not unfrequently occurred that the C'a-
tholic priest has left the service of the altar to mix with the
governing powers of society, and to take his place among the
civil gradations of men. This religious influence has sometimes
been used, to secure the interests of that political state of things
to which he belonged. At other times Catholics have taken the
side of aristocracy from a spirit of religion.

But no sooner is the priesthood entirely separated from the
Government, as is the case in the United States, than it is found
that no class of men are more naturally disjjosed than the Ca-
tholics to transfuse the doctrine of the equality of conditions into
the political world. If, then, the Catholic citizens of the T'nited
States are not forcibly led by the nattn-e of their tenets to adopt
democratic and republican ])rinciples, at least they are not neces-
sarily opposed to them ; and their social position, as well as their
limited number, obliges them to adopt these opinions. IVfost of
the Catholics are poor, and they have no chance of taking a part
in the Government unless it be open to all the citizens. They
constitute a minority, and all rights nuist be respected in orfier to
ensure to them the tree exercise of their own privileges. These
two causes induce them, unconsciously, to adopt political doc-
trines which they would perhaps support with less zeal if Uiey
were rich and preponderant.

The Catholic clergy of the United States has never attempted
to oppose this political tendency ; but it seeks rather to justify

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its results. The priests in America have divided the intellectual
world into two parts : in the one they place the doctrines of re-
vealed religion, which command their assent ; in the other they
leave those truths, which tliey believe to have been freely left
open to the researches of political inquiry. Thus the Catholics
of the United States are at the same time the most faithful be-
lievers and the most zealous citizens.

It may be asserted that in the T United States no reliijious doc-
trine displays the slightest hostility to democratic and repub-
lican institutions. The doruy of all the diflerent sects hold the
same langnafie ; their o})inions are consonant to the laws, and
the human intellect flows onward in one sole current.

I happened to be stayinc; in one of the larj^est towns in the
Union, when I was invited to attend a public meeting which
bad been called for the purpose of assisting the Poles, and of
sending them supplies of arms and money. 1 lound 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 eccle-
siastical robes advanced to the front of the hustings: the specta-
tors rose, and stood uncovered, whilst he spoke in the following
terms :

"Almighty Cod! the God of Armies! Thou who didst
strengthen the hearts and guide the arms of our fathers when
they were fighting for du^ sacn^d rights of national independ-
ence ; Thou who didst make them triumph over a hateful op-
pression, and hast iLrrantcd to our people the benefits of liberty
and peace; Turn, () Lord, a favorable eye upon the other
hemisphere ; pitifully look down upon that heroic nation which
is even now strugghug as we did in the former time, and for
the same riglits which we defended with our blood. Thou, who
didst create M\ni m the likeness of the same image, let not
tyranny mar thy work, aiid establish inequality upon die earth.
Almighty (lod! do Thou watch over the destiny of the Poles,
and render them worthv to be free. ^Nlay thy wisdom direct
their councils, and may thy strength sustain their arms! Shed
forth tliy terror over their enemies ; scatter the powers which
take counsel against them; and vouchsaie that the injustice
which the world has witnessed for fifty years, be not consum-
mated in our time. () Jjord, who boldest alike the hearts of
nations aiul of men in thy })owerfid hand; raise up allies to the
sacred cause of right ; arouse the French nation from the apa-
thy in whicli its rulers retain it, that it go forth again to fight
for the liberties of the world.

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" Lord, tnrii not Thou tliy face from us, and errant that we
may ahvnys ho the most religious as w(;ll as the freest people of
the carthi Almiiihty (!od, hear our supi)licatious this day.
Save the ]*oles, \\q heseeeh Thee, in the name of thy well-
beloved Son, our Lord Jesus Christ, who died upon the cross
for the salvation of men. Amen."

The whole meeting responded " Amen !" with devotion.

IXDIIIECT IXFLrEXrE OF HELIOIOI'S OPTXTOXS UPOX POLITICAL
SOCIETY IX THE VXITED STATES.

KlMt h" 5 Christian morality coiiinion to all sects. — Iiifliinnce of religion upon the mnniirrs

^l» *' « of the AiiH'iicaiis. — Ui'spoct for the uiarriaire tie.— tii what maimer relipioii

m *■' '• ' confines tin; imaffination of tlie Americans within certain limits, and checks tlie

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loimnes uw. imaffiiiaiion oi me .-\mericans wimin cenam iimiis, aiici i-iii;ckn inu
iias.sion ol' innovation — Opinion of the Americans on the jMilitical utility of re-
ligion. — Tiieir exertions to e.stuiul and secnre its predominance.

I HAVE just shown what the direet influence of religion upon
politics is in the United Stales; l)ut its indirect influence apj)ears
to me to be still more consideraljle, and it never instructs the
Americans more fidly in the art of being free than when it sa^ s
nothing of freedom.

I'he sects which exist in the lulled States are innumerable.
They all did'er in resj)ect to the worshij) which is due from n)an
to his Creator; but they all agree in respect to the duties which
are duo from man to man. liacli sect adores the ])eity in its
own peculiar maimer* but all the sects j)reach the same moral
law in the name of Cod. ]f it !)(> of the slightest importance to
man, as an iiulividual, that his religion should be true, the case
of society is not the same. Society has no future life to hope
for or to fear; and pro\'ided the citi/.ens ju'ofess a religion, the
peculiar tenets of that religion are of very little importance to
its interests. Moreover, almost all tli(> sc^cts of the Cuited Stat(>s
are comprised within the i!:i'<'at unity of Christianitv, and Clnis-
tian moralit}' is everywhere the samo.

It may be believed without unniirness, that a certain number
of Americans pursue a peculiar form of worship, from hal)it
more than from conviction. In the United States the sovereign

285

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authority is religious, and consequently hypocrisy must be com-
mon ; but there is no country in the whole world, in which the
Christian religion retains a greater inflnencc over the souls of
men than in America; and there can be no greater proof of its
utility, and of its conformity to human nature, than that its influ-
euce is most j)owerfully felt over the most eidightened and free
nation of the earth.

1 iiave renmrked that the members of the American clergy in
general, without even excepting those who do not admit religious
liherty, are all in favor of civil freedom ; but they do not sup-
port any ])articular political system. They keep aloof from
parties, and from public allairs. In the United States religion
exercises but little inrtuence upon the laws, and upon the details
ofpiddic oj)inion; but it directs the manners of the community,
aud by regulatiug domestic life, it regulates the State.

I do not (pu'siion that the great austerity of manners which is
ol)servabie in the United States, arises, in the first instance,
from religious faith. Religion is often unable to restrain man
from the numberless temptations of fortune ; nor can it check
that passion for gain w hich every incident of his life contributes
to arouse ; but its influence over the mind of woman is supreme,
and women are the j)rot«M'tors of morals. There is certahdy no
country in the world where the tie of marriage is so much re-
spected as in America, or where conjugal happiness is more
highly or worthily ap])reciated. Jn Eiu'ope almost all the dis-
turbances of society arise (roni the irregularities of domestic life.
To despise the natural bonds and legitimate pleasures of home,
is to contract a taste for excesses, a restlessness of heart, and the
evil of fluctuating desires. Auitated by the tumultuous passions
which Ireciuently disturb lils dwelling, the European is galled
by the obedience which the legislative powers of the State exact.
But wUcix the American retires from the turmoil of public life to
the bosom of his family, he finds in it the image of order and of
peace. There his pleasures are simple and natural, his joys are
innocent and calm ; and as he finds that an orderly life is the
surest |)ath to happiiu'ss, he accustoms himself without didicnlty
to moderate his opinions as well as his tastes. Whilst the Eu-
roj)ean endeavors to forget his domestic troubles by agitating
society ; the Am(>rican derives (i-om his own home that love of
order, which he afterwards carries with him into public aflairs.

In the United States the influence of religion is not confined
to the inamu.'rs, but it extends t6 the intelligence of the people.
Amongst the Anglo-Americans, there are some who profess

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the (loctriiips of Cliristianity from a sincere belief in thcni, and
others who do the same because they are afraid to be suspected
of imhclief. Christianity, therefore, reigtis without any obsta-
cle, by uui\ersal consent ; the consequence is, as I have before
observed, that every princij)le of the moral world is fixed and
dctcnniiuUe, althouLrh the political world is abandoned to the
debates and the experiments of men. Thus the human mind is
never left to w antler across a boundless field ; and, w hatever may
be its pretensions, it is checked from time to time by barriers
which it cannot smnnount. Before it can perpetrate iniu)vation,
certain primal and inmmtable principles are laid down, and the
boldest conceptions of human device arc subjected to certain
forms which retard and stop their com])letion.

The ima2:inationof the Americans, even in its tyreatest flijj^hts,
is circumspect and und(>clde(l ; its impulses are checked, and its
works imlinished. These habits of restraint recur in ])oHticnl
society, and are sinirularly I'avorable both to the trau(iuillity of
the people and to the durability of the institutions it iias estab-
lished. Nature and circumstances concurred to make the inha-
bitants of the United States bold men, as is sufiiciently attested
by the enterpri/im;: spirit with which they seek lor fortune. Jf
the mind of the Americans were free from all traimuels, thev
woidd very shortly become the most darini!: innovators and the
most imj)lacal)le disputants in the world. But the revohiti(Miists
of America are oblimed to ])rofess an ostensible respect for Chris-
tian morality and e()uity, which does not easily permit them to
violate the laws that oppose their designs ; nor would they find
it easy to surmount the scruples of their partisans, even if they
were able to iret over their own. Hitherto no one, in the United
States, has dared to advance the maxim, that everything is per-
missible w Ith a view to the interests of society ; an imjiious adage,
which seems to have been in\ented in an age of freedom to shel-
ter all the tyrants of fuiure ages. Thus whilst the law permits
t'le Americans to do what they please, religion prevents them
from conceiving, and forbids them to connnit what is rash or
unjust.

Religion in America takes no direct part in the government
of society, but it must ncAertheless be regarded as the fbrcTnost
of the political institutions of that country ; for if it does not im-
parl a taste lor Ireedom, it facilitates the use of free institutions.
I ideed, it is in this same point of view that the inhabitants of
t.ie United States themselves look upon religious belief. I do not
know whether all the Americans have a sincere faith in their

287

relig:ion ; lor who can search tlie hnnian heart ? but t am certain
that they hold it to he indispensahlo to the maintenaiice ot' re-
publican institutions. This opinion is not peculiar to a class of
citiz-ens or to a party, but it belontjs to the whole nation, anil to
every rank of society.

In the I'nited States, if a political character attacks a sect,
this may not prevent even the partisans of that very sect from
siipportinc; him ; but if he atta( ks all the sects to2,cther, every
one abandons him, and he remains alone.

Whilst I was in America, a witness, who happened to be
called at the Assi/es of the county of Chester, (State of New
York,) declared that he did not believe in the existence of (lod,
or in the inniiortality of the soul. The ju(lu:e refused to admit
his evidence, on the (^round that the witness had destroyed be-
forehand all the confuk'nce of the Court in what he was about
to say.* The newspapers related the fact without any fiu'ther
comment.

The Americans combine the notions of Christianity and of
liberty so intimately in their minds, that it is im|)ossibl(> to make
them conceive the one without the other; and with them this
conviction does not sjirinij^ from that barren traditionary faith
which seems to ve^:etate in the soul rather than to live.

I have known of societies formed by tiie Americans to send
out ministers of the Cospel into the new Western States, to found
schools and churches there, lest relii^ion should be sullered to
die away in those remote settlements, and the risinc; States be
less fitted to enjoy free institutions than the jjeople from which
they emanated. I met with wealthy New JMiglanders who sii an-
doned the country in which they were born, in order to lay the
foundations of Christianity and of freedom on the banks of the
Missouri, or in th'* prairies of niinois. Thus relii^ious xeal is
perpetually stimulated in the I'liited States by the duties of pa-
triotism. These men do not act tVom an exclusive consid-
eration of the promises of a future life ; eternity is only one
motive of their devotion to the canse ; and if you converse with
these missionaries of Christian civili/.ution, you will be surprised
to find how much value they set upon the u;oods of this world,

"* The New York Spectalor of August '2?,. 1-ril, relates tlic fact in t!ie follow-
inj; terms: "Tlie Court of Common I'loas of Cliestcr County, (New VorL.) a
few days since rejected a witness" wli(» decliircd liis dishelief in tlie existence of
God. The presiding judge remarked, th it he had not before heen aware that
there was a man hving who did not believe in the existence of (Jod; that this lie-
lief constituted tlie sancti(»n of al! testimony in a court of just ce : and tliat he
knew of no cause in a Christian country, where a witness had been permitted to
testify without sucli belief."

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and that yon moot with a politician wliere yon exported to find
a priest. They will tell yon, that " ail the Anierirati |{epid)lic.s
are collectively involved with each other ; if the repjU)lics of the
West were to fall into anarchy, or to he mastered hy a despot,
the repuhlican institutions which now llonrish upon the shores of
the Atlantic Ocean, would he in ^reat f)eril. It is therefore our
interest that the new Stales should be religious, in order to
maintain our liberties."

Such are the opinions of the Americans: and if any hold,
that the relifj^ious sf)irit which I admire is the very thin^' most
amiss in America, and that the only element wantiniz; to the free-
dom and happiness of the human race is to believe in some blind
cosmogony, or to assert with Cabanis the secretion of thought
by the brain, J can otdy re|)ly, that thosi* who lioUl this language
have never been in America, and that they have never seen a
religious or a free nation. When they return from their expe-
dition, we shall hear what they have to say.

There are persons in France who look upon republican insti-
tutions as a temporary means of power, of wealth, and distinc-
tion ; men, who are the coiiJodieri of liberty, and who fight for
their own advantage, whatever be the colors they wear : it Is
not to these that I address myself. Jiut there are others who
look forward to the republican form of government as a tranf|iiil
and lasting state, towards which modern society is daily inipelled
by the ideas and maimers of the time, aiul who sincerely desire
to prepare men to be tree. When these men attack rcdigioiis
opinions, they obey the dictates of their passions to the prejiulice
of tiieir interests. Despotism may govern a\ ithout faith, but lib-
erty cannot. Religion is much more necessary in the republic
which they set forth in glowing colors, than in the monarchy
which they attack ; and it is more needed in democratic re[)ul,-
lics than in any others. How is it possible that society should
escape destruction if the moral tie be not strengthened in pro-
portion as the political tie is relaxed ? ;!ni what can be done
with a people which is its own master, if it be not submissive to
the Divinity ?

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289

PRINCirAL CAUSES WHICH RKXTtKU RKLIQION POWERFUL IN

A.MMUICA.

Carfl tnkon I»y tlip AiiiPi-innns to sr|K\nitn tlin Cliiircli from tlio Stiite. — Tlie laws,
pnlilic opinion, and evi-n the (vxt.'rlion^ of tlio diiigv coiiriir to promote this
end. — Intlncnce of ndi^'irtn upon tlie mind, in the I'nited Stiilcs, altrihiifahlo
to this canse. — Reason ol" this. — Wliat i- the natnial slile oC men with regard
to rchgion at llic present time. — W'lcit are the pe(Miliar and incidental causes
whiL'li prevent men, in certain couiitricii, Iroiii urnviiig ut thi.s .stiitc.

Thk j)lilIos()|jli(<rs of the ci^litccntli century explained the p:ra-
(liml (leeay «)f relii^ioiis lliitli in a very .simple niiiinier. Iteli-
^ioits 7,eiil, .said they, must neeessarily (all, the more j^enerally
Hh(>rty is estahlislied and kno\\ le(lu,e dillnscvl. I'nfortiniately,
I'aets are by no means in accordance with their theory. There are
certain populations in Kiirope whose imhelief is only equalled
by their ii;norance and their dehasenKMit, whilst in America one
of the Ireest and most enliu:htened nations in the world fnlfdls all
the outward duties of rellijion with fervor.

Upon my tirrlval in the United iStates, the religious aspect
of the country was the first thin}^ that struck my attention; and
the longer 1 stayed there, the more did I perceive the great po-
litical consetpuMiccs residtlng from this state of things, to which
I was unaccustomed. In France I had almost alw. ys seen the
spirit of religion and the spirit of freedom pursuing courses dia-
metrically opposed to eacli other ; but in America I found that
they were intimately united, and that they reigned in common
over the same country. jNfy desire to discover the causes of
this |)h.enomenon increased from day to day. In order to
sailsty it, I questioned the members of all the diiVerent sects;
and I more especially sought the society of the clergy, who are
the depositaries of the dillercnt persuasions, and who are more
especially interested in their duration. As a member of the
Roman Catholic Church I was more particidarly broucrht into
contact with several of its priests, with whom I became intimately
acquainted. To each of these men I expressed my astonish-
ment and I explained my doubts : 1 found that they differed
upon matters of detail alone ; and that they mainly attributed
the peaceful dominion of religion in their country, to the sepa-
ration of Church and Slate. I do not hesitate to aliirni that
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durintf my stay in America, I did not meet witli a single indi-
vidiKil, of llic clcrcy (ir of the laiiy, wlio was not ol" ilie same
Oj)iiii(>n upon tliis point.

This led uie lo examine more attentivciy than I i:ad hitherto
done, ihe station whieh the American cleruy Gccuj)y in poli-
tical society. 1 learned witii surprise that they filled no public
appointments;* not one of them is to he nut with in the admin-
istration, and they are not e\en represented in the legislative
assemblies. In several Statesf the law exekuies then) liom po-
litical life; public opinion in all. And when I caine to incjuire
into the jirevailing spirit ol'tlie clergy, I I'oiMid that most of its
members seemed to retire of their own accord Croni the exer-
cise of power, and tliat they made it the ])ride of their profession
to abstain from politics.

I heard them inveigh against ambition and deceit, under
whatever political opinions these vices might chance to lurk ;
but I learned from their discourses that men are not guilty in
the eye of Cod for any opinions concerning political govern-
ment, which they may profess with «.incerity, any n)ore than
they are for their mistakes in biuliling a house or in driving a
furrow. I perceived that these ministers of ihc ( iospcl ^'schewed
all parties, with the anxiety attendant ui)on personal interest.
These facts convinced nie that what I had been told was true ;
and it tlien became my object to investigate then causes, and to
inquire how it hap[)ened that tin real authority of religion w as
increased by a state of things which diminished its a[)parent
force : these causes did not long escaj)c 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, dis|)Iays a
nf.ural contempt of existence, and yet a boundless desire to
e?.i&t ; he scorns life, but he dreads annihilation. These dif-
ferent feelings incessantly urge his soid to the contemplation of
a future state, and religion directs his musings thither. Iveligion

* Unless this term be applieil to tlio fnnclions wliicli uia'?y of thorn fill in tiie
Bchools. Alinoj^t all edneation is entrnstiMl to the ch-Tgy.

t See the • Constitiiiioii of New Yotk.' art. 7. v^ 4 :

"And whereas the .■Ministers of the (Jospel are, Iiy tlieir prnfesjinn ded'cated
to the service of CJod and tiie care of souls, and oiiirht not to h(! diverted fmin
the fjreal duties of tiieir fnnetions: tliererorc no minister of the riospei, or priest
of any denomination wiiatsoever, siiali at any time hereafter, niider any ])retenuc
or description wiialever, he ehf,'ihle to, or capahle ol iiokling any civil or military
olfice or place within this state."

fcjee aUo the Constiuitions of North Carolina, art. .11. Virginia. yoiUh Caro-
lina, art. 1. v\ 23. Kentucliy, art, 2. ^ '-HJ. Tcnnesseo, art, 5*. ■. J. Louisiana,
an 2. ^ 22.

291

then, is simpl)' notlicr form of hope ; and it is no less natural
to the luimuii iif^art than hope itseU". Men cannot abandon
their religious faith without a kind aberration of intellect,
and a sort of violent distortion of thi ir true natures ; but thev
are invinc'bly brought back to more pious sentiments; for un-
belief is an accident, and faith is the oidy permanent state of
mankind. If we only consider religious institutions in a purely
human point of view, they may be said to derive an inexhausti-
ble element of strengiii from man himself, s;nce they belong to
one of the constituent j)rinciples of human n^aure.

I am aware that at certain times, religion may trengthen
this iulluence, which originates in itself, by the artificial power
of the laws, and by liie support of those temporal institutions
which direct society. Keligions, intimately united to the gov-
ernnjcnts of the earth, have been known to exercise a sovereign
authority derived from the twofold source of terror and of faith ;
but when a religion contracts an alliance of this nature, I do
not hesitate to allirm that it commits the same error, as a man
who slioiiid sacrifice his future to his present welfare ; and in
obtaining a ))ower to which it has no claim, it risks that author-
ity which is rightfully its own. When a religion founds its
empire upon the desire of immortality which lives in every hu-
man heart, it may asj)ire to uni\ers;d dominion : but when it
connects itself with a government, it nnist necessarily adopt
maxiiHs which are only applicable to certain nations. Thus,
in Ibrming an alliance w ith a political power, religion augments
its authority over a few, and forfeits the hope of reigning over
all.

As long as a religion rests upon those sentiments which are
the consolation of all aflliction, it may attract tlie aflections of
niatdviud. IWit if it be mixed np with the bitter passions of the
world, it inny be constrained to defend allies whoni its interests,
and not the principles ol' love, have given to it ; or to repel as
antagonists men w ho are still attached to its own spirit, however
opposed they may be (o the powers to which it is allied. The
Church cainiot share the temporal power of the State, witliout
being the object of a portion of that animosity which the latter
excites.

The political powers which secMU to be most firmly established
han' livcpiemly no better guin-antee f<)r their din-ation, than the
opinions of a g >neration, th(> interests of the time, or the life of
an individual. A hiw may niodity the social condition which
seems to be most fixed and determinate ; and w ith the social coii-

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dition every thing' else must change. The powers of society are
more or less i'ligitivo, like the years which wo spend n|)on the
earth ; they succeed each other with rapidity like the fleeting-
cares of life ; and no government has ever yet been founded uj)ou
an invariable disposition of the human heart, or upon an imperish-
able interest.

As long as religion is sustained by those feelings, propensities
and passions which are found to occur under the s.nne forms, at
all the diilcrent periods of history, it may defy the eH'orts of time ;
or at least it can only be destroyed by another religion. But
when religion clings to the interests of the world, it become^;
almost as fragile a thing as the powers of earth. It is the only
one of them all which can liope for immortality ; but if it be
connected with dieir ephemeral authority, it shares dieir fortunes,
and may fall with those transient passions which supported them
for a day. The allia u*e ^^hich religion contracts with political
powers must needs be onerous to itself; since it does not reqnire
their assistance to liv % and by giving them its assistance it may
be exposed to decay.

The danger whicli I have just pointed out always exists, but
it is not always equally visible. In some ages governments seem
to be imperishable, in others the existence of society appears to
be more precarious than the life of man. Souk^ constitutions
pi wge the citi'/.ens into a lethargic somnolence, and others vouse
them to feverish excitement. When gtn-ernments appear to be
so strong, and hn\s so st:il}le, men do not perceive the danucrs
whicli may accrue from a union of Chnrch aiul State. When
govermnents display so nuuh inconstancy, the danger is sell-
evident, but it is no longer jiossible to avoid it ; to be efDL'ctuai,
measures must be taken to discover its approach.

In })r0j)ortion as a nation assumes a democratic condition of
society, and as communities display democratic jiropensities, it
becomes more and more dangerous to connect religion with po-
litical institutions ; for the time is coming when iuithority will be
bandied from hand to hand, when jjolitical theories will succeed
each other, and when men, laws, and constitutions w ill disappear
or be modified from day to day, and this not for a season only,
bat unceasingly. Agitation and mutability are inherent in the
nature of denu)cratic re])ul)lics, just as stagnation and inertness
are the law of absolute monarchies.

If the Americans, who change the head of the Government
once in four years, w ho «'lect new legislators every two years,
and renew the provincial ollicers every twelvemonth ; if the

293

minicnt

Americans, who have abandoned the political world to the at-
tempts of innovators, had not placed relii>:ion beyond their reach,
nliere conld it abide in the ebb and How of hnman opinions ?
uliere would that respect which belonijs to it be paid, amidst the
strutig'les of faction ? and what would become of its immortality,
in the midst of jierpetnal decay ? The American clerjL!;y were
the first to jierceive Miis triuh, and to act in conformity with it.
Tiiey saw that they nuist renounce their reliijious influence, if
they were to strive for political power ; and they ehose to g-ive
nj) the s.i])port of the State, rather than to share its vicissitudes.
In America, reliuion is perhaps less powerful than it has been
at ceitain periods in the history of certain jieoples ; but its influ-
ence is more lasting', it restricts itself to its own resources, but
of those none can deprive it: its cinde is limited to certain prin-
(•ij)les, l)ut tiiose |)rinclples are entirely its own and nnder its
undisputed control.

On every side in J'iUrojie we hear voices complaining^ of the
nlfsence of reliiiions faith, and inquiring; the means of restorinj^
to '"nion some renmant of its pristine authority. It seems to
I. u we nnisl first atteiuively consider what oup:ht to be i/ie
iHiliinil sidfe of men with rei^ard to relii;ion, at the present time;
und when v.e know what we have to ho|)e and to fear, we may
diseein the end to which our elforts ouuht to be directed.

The two ureat danu^ers which tlneaten the existence of reli-
iiions are schism and indifl'erence. In a^es of fervent devotion,
men sometimes abandon their reliijion, but they only shake it ofl'
ill order to adopt another. Their fiiitli chanires the objects to
which it is directed, but it snfii'rs no decline. The old relii^ion
then excites enthusiastic attachment or bitter enmity in either
party ; >ome leave it with aimer, others elintz,' to it with incr(>ased
iUid allhoiiLih persuasions difii r, inelijiion is un^
li. however, is not the case when a religious belief
' I'uiined by doctrines which may be termed nei^a-
'. u* MV the truth of one reliuion without allirmint^
that of any 4). ( . Prodiuions revolutions then take place in
the human mlntl, \. ithiout the apparent co-operation of the pas-
sions (»f man, ail'! almost without his knowledtre. Men lose the
objects of their fondest hopes, as if throuiih fi)ri;etfiilness. They
are carried away by an imperceptibh? vurrent which they have
not the conraii'c to stem, hut which they follow with reij;ret, since
it hears them from a fiilth they love, to a scepticism that plunges
them iH^> despair.
In ' : ( 3 w hich answer to this description, men desert their re-

devotedness,
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liG;ious opinions from Inkewarmness rather than from dislike ;
they do not reject them, but the sentiments by which they were
once fostered, disappear. }3iit if tlic unbelievers docs not admit
religion to be true, he still considers it useful. Rep;ardin|2; reli-
p;ious institutions in a human point of view, he acknowledges
their inlluence upon manners and leg^islation. He admits that
they may serve to make men live in peace Avith one another, and
to prepare them f2:ently lor the hour of death. He rep;rets the
faith which he has lost ; and as he is deprived of a treasure which
he has learned to estimate at its full value, he scruples to take it
from those who still ))ossess it.

On the other hand, those who continue to believe are not afraid
openly to avow their faith. They look upon those who do not
share their persuasion as more worthy of pity than of opposition:
and they are aware, that to acquire the esteem of the unbeliev-
insx, they are not oblifr ' to iollow their example. They are
hostile to no one in the Wv. .md as they do not consider the

society in which they live as n*ena in which relif^ion is bound
to face its thousand deadly foes, they love their contemporaries,
whilst they condenm their weaknesses, and lament their errors.

As those who do not believe, conceal their incredulity; and
as those who believe, display their faith, public opinion pro-
nounces itself in favor of reliiiion: love, support, and honor are
bestowed upon it, and it is only by searching;' the human soul,
that we can detect the wounds which it has received. The mass
of mankind, who are never without the feelinu; of reliiiion, do
not perceive aiiythint!: at variance with the established faith.
The instinctive desire of a future life brings the crowd about the
altar, and opens the hearts of men to die precepts and consola-
tions of reliirion.

But this })icture is not applicable to us ; for there are men
amongst us who have ceased to believe in Christianity, without
adopting any other religion ; others who are in the perplexities
of doubt, and who already adect not to believe ; and others,
again, who are afraid to a\ ow that Christian faith, which they
still cherish in secret.

Amidst these hd<ewarm partisans and ardent antagonists, a
small number of believers exists, uho are ready to brave all oIj-
stacles, and to scorn all dangers, in defence of their faith. They
have done violence to human weakness, in order to rise superior
to ))ubli(! opinion. Jvxcited by the efibrt they have mr.de, they
scarcely know where to stop ; and as they know that the first
use which the French made of independence was to attack reli-

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295

gion, they look upon their cotemporaries ulth dread, and they
recoil in alarm from the liberty which their fellow-citizens are
seeking to obtain. As unbelief appears to them to be a novelty,
they comprise all that is new in one indiscriminate animosity.
They are at war with their age and country, and they look upon
every opinion which is put forth there as the necessary enemy of
the Faith.

Such is not the natural state of men with regard to religion at
the present day ; and some extraordinary or incidental cause
must be at work in France, to prevent the human mind from fol-
lowing its original propensities, and to drive beyond the limits
at which it ought naturally to stop.

I am intimately convinced that this extraordinary and inci-
dental cause is the close connexion of politics and religion. The'
unbelievers of Europe attacli the Christians as their poHtical op-
ponents, rather than as their religions adversaries ; they hate the
Christian religion as the opinion of a party, much more than as
an error of belief; and they reject the clergy less because they
are the representatives of the Divinit} , than because they are the
allies of authority.

In Europe, Christianity has been Intimately united to the
powers of the earth. Those powers are now in decay, and it
is, as it were, burled luider their ruins. The living body of re-
ligion has been bound down to the dead corpse of superannua-
ted polity ; cut but the bonds which restrain it, and that which
is alive w ill rise once more. 1 know not what could restore the
Christian Church of Europe to the energy of its earlier days ;
that power belongs to (Jod alone; but it may be the edect of
human pohcy to leave the Faidi in the full exercise of the strength
which it still retains.

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HOW THE INSTRUCTION, THE HABITS, AND THE PRACTICAL EX-
PERIEXCE OF THE AMERICANS PROMOTI-: THE SUCCESS OP
THEIR DEMOCRATIC INSTITUTIONS.

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WliHt is to be understood by tlio instnirtion of tho Amcilcaii poople. — The hii-
iiiiiii mind more superficially instructed in the United States than in I'.in'opc. —
No one coniph'tely nninstrncted — Reason of this. — liaijidily svitii whicii opin-
ions are ditrnsed even in liie nncoltivated States of the West. — Practical ex-
perience more servicc'ihle to the Americans tliau hooli-learmng.

I HAVE but littlp to add to wliat T have already said, roncerninq;
the influence wliich the instruction and the habits of tlie Ameri-
cans exercise upon the maintenance of their political institutions,

America has hitherto produced very few writers of distinc-
tion ; it possesses no great historians, and not a sint;le eminent
poet. The inhabitants of that country look upon what are [pro-
perly styled literary pursuits with a kind of disajiprobation ; and
there are towns of very second-rate importance in iMu-ope, in
whicli more literary works are annually pui)lislu <1, than in the
twenty-four States of the Union put together. 'J'he spirit of the
Americans is averse to ijeneral ideas ; and it does not ^eek theo-
retical discoveries. Neither politics nor manufactures direct
tliem to these occuj)atioi)s ; and althotii;h new laws are perfx'tu-
allv enacted in the United States, no ureat writers have hitherto
inquired into the principles ol their leg^islation. The Americans
have lawyers and commentators, but no jurists ; and they fur-
nish examples rather than lesions to the world. The same ob-
servation applies to the mechanical arts. In America, the inven-
tions of Europe are adopted with sag'acity; they are jjerfected,
and adapted with admirable .-^! -11 to the wants of the coimtry.
Manufactures exist, but the science of mamifactin-e is not culti-
vated ; and they have good workmen, but very few inventors.
Fulton was obliged to proller his ser\ ices 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 con-
sider the same ohject from two diHerent points of view. I( he
only singles out the learned, he will be astonished to find how
rare they are ; but if he counts the ignorant, the American pco-

297

pie will appear to be the most enlightened community in the
world. The \\hole population, as I observed in another place,
is situated between these two extremes.

In New Enji^land, every citizen receives the elem(.'ntary notions
of human knowledge ; he is moreover taught the doctrines and
the evidences of his religion, tiie history of his country, and the
leading features of its Constitution. In the States of Connec-
ticut and IVIassachusetts, it is extremely rare to find a man im-
perfectly acquainted wiUi all these things, and a person wholly
ign.-rant of them is a sort of phaMiomenon.

When I compare the Creek ami Itoman IJepublics with these
American States ; the manuscript libraries of the former, and
their rude population, with the innumerable journals and the
enlightened people of the latter ; when 1 remember all the at-
tempts which are made to Judge the nu)dern republics by the
assistance of those of antiquity, arul to infer what will happen
iu our time from w hat took place two thousand years ago, 1 am
tempted to burn my books, in order to apply none but novel
ideas to so novel a condition of society.

What J have said of New England must not, however, be
applied indistinctly to the whole Union : as we advance towards
the \V est or the South, the instruction of the peojile diminishes,
bi the States which are adjacent to the Culf of Mexico, a cer-
tain number of indivnluals may be found, as in our own coun-
tries, who are devoid of the rudiments of instruction. But there
is not a single district in the United States sunk in complete igno-
rance ; and for a very simple reason • the peoples of Europe
started from the darkness of a barbarous condition, to advance
t(nvar(ls the light of civilization ; their progress has l)een unequal ;
some of them have improved apace, whilst others have loitered in
their course, and some have stopped, and are still sleeping upon
die way.

Such has not been the case in the United States. The Anglo-
Americans settled in a state of civilization, upon that territory
which their descendants occupy ; they had not to begin to learn,
and it was suiHcient not to forget. Now the children of these
same Americans are the persons who, year by year, transport
their dwellings into the w ilds : and w ith tiieir dwellings their .ac-
quired information and their esteem for knowledge. Education
1ms taught them the utility of instruction, and has enabled them
to transmit that instruction to their posterity. In the United
States society has no infancy, but it is born in man's estate.
The Americans never use the word 'peasant,' because they
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have no idea of the peculiar class which that term denotes ; the
itrnorancc of more remote nives, the simplicity of riirnl life, and
the rusticity of the villaiicr have not been preserved amonprst
them ; and they are alike unacquainted with the virtues, the
vices, the coarse hal)its, and the siinj)Ie graces of an early statjo
of civilization. At the extreme borders of the confederate
t-5tates, upon the coufmes of society and of the wilderness, a
jiopulation of bold adventurers have taken u[) their al)ode, who
pierce the solitudes of the American woods, and seek a country
tlicre, in order to escape that poverty which awaited them in
their native provinces. As soon as the pioneer arrives upon the
spot which is to serve him for a retreat, lie lells a fl'w trees and
builds a lof2:-house. TVothint:; can oiler a more miserable aspect
than these isolated dwellin^^s. 'Phe traveller w ho approaches
one of them towards niiiht-lidl, sees the tlickeroi tla hearth-flame
throutch the chinks in the walls ; and at nijuht, if the w ind rises,
he hears the roof of bouu,hs shake to and tro in the midst of the
great forest trees. Who would not suppose that this poor hut
is the asylum of rudeness and ipiorance ? Yet no sort of com-
parison can be drawn between the j)ioneer and the dwelliui^
which shekers him. Everythint!: about him is primitive and un-
formed, but he is himself the result of the labor and the expe-
rience of eighteen centuries. lie wears the dress, and he speaks
the laniiuacre of cities ; he is a((|uaiuted with the past, curious
of the future, and ready for ariziimentuj)on the present ; he is, in
short, a Jiltrhly civili/ed beinir, \\ho consiMits, for a time, to inhabit
the back-woods, and who penetrates into the wilds of a ?scu
World w ith the Bible, an axe, and a fde of new spapers.

It is didicult to imajj^ine the incredible rapidity with whicli
public oj)inion circu!at<'s in the midst of these deserts.* 1 do
not think that so nuudi intellectual intercourse takes place in the
most enlightened and populous districts of France. "j" It cannot

* I travelled along a portion of the frontier of the Ignited States in a sort nf
cart whicli was termed the mail. We parsed, day and ni<,'lit, with f^reat rajiidiiy
along roads wliich were searccly marked out, tiiroiijih immense forests ; when
the iiioom of the woods hoeanie im|ienetrahie, th coachman lighted branches of
Jir and we journeyed along hy the light they cast, I'rom time to lime we eanie
to a hilt in the midst of the forest, which was a post-oflice. The mail drojjpid
an enormous bundle of letters at the door of this isolated dwelling, and we pur-
sued oiir way at full gallop, leaving the inhabitants of the neighboring log-houses
to send for llieir share of the treasure.

I In ]i^;V2. each inhabitant of Mirliigan i)aid a snm eqnivalent to 1 franc i3vJ
centimes (French nmney) to the post-odice revenue ; and each inhabitant of the
Floridas paid I fr. 5 cent. (See iVation.ii Calendar, l^t^li, p. 244.) In the .same
ye:ir each inhabitant of the J)epaireinent dii ^ord paid 1 fr. 4 cent, to the reve-
nue of the French post-ofScd. (See the Comptc rendu de V administration des

299

be doubled tbat In the United States, tbe instruction of tbe people
powerfully contributes to tbe support of a democratic republic ;
and sucb must always be tlie case, 1 believe, wliere instruction
wliich awakens tlic understanding-, is not separated from moral
education wliicb amends Uie lieart. But I by no means exagij;e-
rate tliis benefit, and lam still furtlier from tbinking', as so many
people do tliink in Europe, tbat men can be instantaneously made
citizens by teacbinjjj tbem to read and write. 1'rue information
is mainly derived Irom ex))erience, and if tbe Americans bad not
been g^radually accustomed to .govern tbemselves, tbeir book-
learnlue; would not assist tbem nmcb at tbe present day.

I bave lived a i>reat deal witb tbe people in tbe United States,
and 1 caimot express bow nuu-b 1 a(buire tbeir experience and
their jT;'ood sense. An American should never be allowed to
sj)eak of Europe ; for b(> will then probal)ly display a vast deal
of presuujption and very foolish pride, lie will take up wiUi
those crude and vague notions which are so useful to tbe igno-
rant all over the world. But if you f|uestion bim respecting bis
own country, tbe cloiul which diunned bis intelligence will imme-
diately disj)erse; bis language will become as clear and as pre-
cise as his thoughts, lie will inform you what bis rights are,
and by what means be exercises thei»i ; be will be able to point
out the customs which obtain in tbe })olilical world. You will
fiml diat he is well actpiainted witb tbe rules of tbe administra-
tion, and that be is familiar widj the mechanism of the laws.
The citizen of the ['nited States does not acquire bis j)ractical
science and his j)ositive notions from books ; the instruction be
has acquired may bave j)repared bim lor receiving those ideas,
but It did not furnish tbtnu. Tbe American learns to know the
laws by particij)ating in die act of legislation ; and be takes a
lesson in the forms ol" government, from governing. Tbe great
work of society is ever going on beneath his eyes, and, as it were,
under bis hands.

In the tinted States j)olitics are tbe end and aim of education ;
in Europe its principal object is to iit men for private life. Tbe
interiereiu^e of tbe citizens in public ailairs is too rare an occur-
rence for it to be anticijiated beforehand. C])on casting a glance
over society in tbe two hemispheres, these dillereiices are indi-
cated even by its external aspect.

Finiinrcs, 1833, p. f)33.) Now the State of IMichij^an only contained at that time
7 inhabitants |)er square league ; and Fioiida only 5: the instruction and tiie
counnercial activity of these districts is inlenor to that of most of the States in
tlie Union ; whilst the Dep.irteiuent du JS'ord, which contains 3,400 inhabitants
per square league, is one of the most enlightened and manufacturing parts of
France.

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In Envnpo wo firqiiontlv Introdnco tlio Itlens and the liabits of
privatr liCc into j)ul)lic afliiirs ; and as \\v pass at once from tlio
donu'stic ciirlc to thr u:ovornnicnt of the State, we may (Veqncnt-
ly he heard to (hsenss tlie preat interests of soeiety in the same
maimer in ^vhieh vvc eonvcrse witli our friends, 'f'he Ameri-
cans, on tlie other hand, transfuse the habits of public life into
their mai. lers in private ; and in their country the jury is intro-
duced into the j^ames of schoolboys, and parhamentary forms
are observed in the order of a feast.

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THE LAWS COXTRIBFTE MOUE TO THE MATXTEXAXCE OV THE
DEMOCRATIC HEPI'RLIC IN THE UNITED STATES THAN THi:
rHVSTCAL CTUCUMSTANCES OF THE COUNTRY, AND THE
MANNERS MORE THAN THE LAWS.

All the nations of America liave a democratic state of society. — Yet democratic
institutions only subsist amongst tlie Anglo-Americans. — The Spaniards of
youth America r(iualiy favored by pliysical causes us the Angio-.Americans,
iinahle to maintaiu a democratic repul)lic. — ^Fexico, whicli has adopted the
Constitution of the United States, in the same predicament. — The Anglo-Aiue-
ricaus of tlie West less able to maintain it than those of the Last. — lleason of
these diUerent results.

I HAVE remarked that the maintenance of democratic institu-
tions in the Tnited States is attributable to the circmnstances,
the laws, and the manners of that coimtry.* Most Europeans
are only acquainted with the first of these three causes, an(l they
are apt to give it a prej)onderating imjiortance which it docs not
really possess.

It is true that the Anglo-Americans settled in the New "SS^orld
in a state of social equality ; the low-l)orn and the noble A\ere
not to ])e found amongst them ; and professional preji. iices
were always as entirely unknown as the prejudices of birth.
Thus, as the condition of society was democratic, the empire of
democracy was established without difiiculty. But this circum-
stance is by no means peculiar to the United States ; almost all

* I remiud the reader of the jreneral signification which I give to tlie word
miinnrrs, namely, the moral and intellectual characteristics of social man taken
collectively.

301

tlio transatlantic colonios wore foundod by men equal amonn;st
themselves, or who hcranie so by illl^al)itin^• them. In no one
])art of the New World, hiive Europeans been able to ereate an
aristoeraey. Nevertheless democratic institutions prosper no-
where but in the United States.

Till- American lnion has no enemies to contend with; it
stands in the wilds like an island in the o<ean. Hut the Span-
iards of South America were no less isohited by nature ; yet
their position has not relieved them from the cliarf>(> of standing
armies. They make war upon each other when they have no
foreii>;n enemies to oppose; and the Anglo-American* democra-
cy is the only one which has hitherto been able to maintain itself
in peace.

The territory of the TTnion presents a boujidless field to
human activity, and inexhaustible materials for industry and
labor. The passion of wealth takes the place of ambition, and
the warmth of faction is mitigated by a sense of prosperity.
But in what portion of the glohe shall we meet with nu)re fertile
plains, with mightier rivers, or with more unexplored and inex-
liaustible riches, than in South America ?

Nevertheless, Soutli America has been unable to maint^/m de-
mocratic institutions. Jf the vvilare of nations depended on
their being j)laced in a remote position, with an luibounded space
of habitable t<'rritory before them, the Spaniards c.f South Ame-
rica would have no reason to complain of their f;;t^. And
although thev might enjoy less prosperity than the inhal)itants
of the Lniteil States, their lot might still be such as to excite
the envy of some nations in Euroj)e. There are, however, no
nations u|)on the fac(! of the earth more miserable than those of
South America.

Thus, not only are physical causes inadequate to produce re-
sults analogous to those which occur in Norili America, but they
are unable to raise the population of South America above the
level of Kurojjcan States, where they act in a contrary direction.
IMivsical causes do not tlierefore aliect the destiny of nations so
much as has been sup|)osed.

I have met ^^ith men in New England who were on the point
of leaving a country, where they might have remained in easy
circumstances, to go to seek their fortune in the wilds. Not far
from that district 1 found a French population in Canada whicli
was 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

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term of labor, the Canadian ) aid as niiirli for land as ho woidd
liavc done in Frame. iXature oilers the solitudes of the New
World to Miu'opeaiis ; hut they are not always aequainted with
the im'ans of turuinu; her ^ifts to aceount. Other pcojjles of
Anieriea have the same physical eonditions of prosperity as the
Auiflo-Amerieans, hut with .it tiieir laws aiul their maimers ; and
these peoples are w retched. The laws and manners of the Anu,Io-
Ameriiaiis ar<' therefore that eilicient cause of their greatness
which is the object of my inquiry.

I am far I'rom supposinu; that the American laws are pre-emi-
nently fj^ood in themselves ; 1 do not hold them to be applicable
to all democratic j)eoples ; and several of them seem to me to be
danu,erous, even in tlie I iiited States. iXevertheless, it cannot
be denied that the American legislation, taken collectively, is
rvtremely well adapted to the fj^niiis of the people and the nature
of the country which it is intended to govern. The American
laws are tlu'refore ^ood, and to them must be attributed a laru:e
portion of the success which attends the ^^overnmeiit of demo-
cracy in America : but 1 do not believe them to be the principal
cause of that success ; and if they seem to me to have more in-
fluence upon the social happiness of the Americans than the
nature of the country, on the other hand there is reason to believe,
that their cllect is still inferior to that produced by the manners
of the people.

The Federal laws undoubtedly constitute the most important
part of the leirislation of the I iiited States. Mexico, which is
not less fortunately situated than the Anu:lo-Americaii Union,
has adopted these same laws, but is unable to accustom itself, to
the pfovernmeiit of democracy. Some other cause is therefore
at work independently of those physical circumstances and pe-
culiar laws which enable the democracy to rule in the Lnited
States.

Another still more strikini^ proof may be adduced. Almost
all the inhabitants of the territory o*'tlie Union are the descend-
ants of a common sto<k ; they speak the same lan^•uau:e, they
worshij) Cod in the same manner, they are allected by the same
physical causes, and they obey the same laws. Whence, then,
do their characteristic di/lerences arise ? Why, in the Eastern
States of the Union, does the republican (jovernment display
viijor and regularity, and proceed with mature deliberation .''
^\ hence does it derive the wisdom and the durability which
mark its acts, whilst in the Western States, on the contrary, so-
ciety seems to be ruled by the powers of chance .'' There, pub-

303

lie business is conducted with an iiTOGfulanty nnd a passionato
iuid feverish excitement, which dues not announce a U)nf,? or sure
duration.

I am no lonccer comparina; the Ani?Io-AmerIran States to
foreiu;n nations ; but I am contrasting; tliem with each other,
and endeavoring; to discover why they are so unlike. The ar-
iruments which are derived from the nature of the country and
the tlid'erence of legislation, are h(>re all set aside. Hecourse
must be had to some other cause ; and what other cause can
there be except the manners of the p('oj)le ?

It is in the Kastern States that the Anglo-Americans have
been longest accustomed to the government of dcnujcracy, and
that they have adopted the habits and conceived the notions
most favorable to its maintcimiu'C. Democracy has tj^raduallv
j)enetrated into their customs, their opinions, and the forms of
social intercourse ; it is to be found in all the details of daily
life equally as in the laws. In the Eastern States the instruction
aiul |)ractical educalion of the people hn\o bc-en most perfected,
and religion has been most thoroughly amalgamated with liberty.
JSow these habits, opinious, «'ustoms, and convictions are pre-
cisely the constituent elements of that which I have denominated
manners.

hi the Western States, on the contrary, a portion of the
S' advantages is still wanting. Many of the Americans of
t est were born in the woods, and they mix the ideas and

the customs of savage life with the civilization of their parents.
Their passions are luore intense ; their religious morality less
authoritative ; and their convictions less secure. The inhabi-
tants exercise no sort of control over their fellow-citizens, for
they are scarcely ac(|uainted with each other. The nations of
the West dis|)lay, to a certain extent, the inexperience and the
rude hal)its of a jieople in its infancy ; for ahhough they are
composed of old elements, their assemblage is of recent date.

The manners of the Americans or the Tuited States are, then,
the real cause which renders that people the only one of the
American nations that is able to support a democratic Govern-
ment ; and it is the influence of manners which produces the
flid'erent degrees of order and of prosperity, that may be distin-
guished in tlie several Anglo-American democracies. Thus
the elfect m hich the geographical position of a country may have
upon the duration of democratic institutions is exaggerated in
Europe. Too much importance is attributed to legislation, too
little to manners. These three great causes serve, no doubt, to

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304

regulate and direct the American democracy ; but if they were
to he classed in their proper order, I should say that the physic d
circumstances are less efficient than the laws, and the laws very
subordinate to the manners of the people. I am convinced thn.t
the most advantageous situation and the best possible laws can-
not maintain a constitution in spite of the manners of a country :
wliilst the laiier may turn the most unfavorable positions and the
worst laws to some advantage. The importance of manners is
a Lommon truth to which study and experience incessantly direct
orr attention. It may be regarded as a central point in the
rang-e of human observation, and tlie common termination of all
hiquiry. So seriously do I insist upon this head, that if I have
hitherto failed in making the reader feel the important influence
which I attribute to the practical experience, the habits, die oj)in-
ions, in short, to the manners of the Americans, upon ihe main-
tenance of their institutions, 1 have failed in die pnnclp.d object
of my work.

Inn ^^»

i|| ^ 4li

»'H, y

t n ^ • *

t . .^

I' '

WHETHER LAWS AXD MAXNERS ARE SUFFirfENT TO MAIN-
TAIN DEMOCRATIC INSTITUTIONS IN OTHER COUNTRIES
BESIDES AMERICA.

The Anf^In-Americans, if transported into Europe, would be ohlijied to modify
their laws. — Distuietion to be made between democratic institutions and Ame-
rican institutions. — Democratic hiws may be conceived better tiian, or at least
dini-i cut from, those which the American democracy has adopted —The exam-
ple of America only proves that it is possible to regulate democracy by the
assistance of manners and legislation.

I HAVE asserted diat the success of ('.cmocratic institutions in the
United States is more intimately connected with the laws them-
selves, ai.^l the manners of the people, than widi the natiu'c of
the jountry. But does it follow tjiat the same causes would of
themselves produce the same results, if they were jmt into ope-
ration elsewiiere ; and if the country is no adequate substitute
for laws and manners, can laws and mauncis in their turn })rove
a substitute for a country ? It will rciidily be understood tliat
tiie necessary elements of a. reply to this (juestion are wanting :
other peoples are to be found in the New World besides the

305

Anglo-Americans, and as these peoples are anected by the sanie
physical circumstances as the latter, they may fairly be compared
toii;ether. But thei v'^ are no nations out of America wliich have
adopted the same laws and manners, beini^ destitute of the phy-
sical advantages peculiar to the Anglo-Americans. No stand-
ard of comparison therefore exists, and we can only hazard an
opinion upon this subject.

It appears to me, in the first place, that a careful distinction
must be made between the institutions of the United States and
democratic institutions in general. When I reflect upon the
state of Europe, its mighty nations, its po|vjlous cities, its for-
midable armios, and the coin])lex nature of its politics, J cannot
suppose that even the Anglo-Americans, if they were transport-
ed to our I'jinisphere, with their ideas, their religion, and their
manners, could exist without considerably altering their laws,
l^ut a democratic nation may be imagined, organized dillerently
from the American people. It is not impossible to conceive a
government really established uj)on the will of the majority ; but
in which the majority, repressing its natural propensity toequal-
itv, should consent, with a view to tli(> order and the stability of
tlie t^tate, to invest a family or an individu;d with all the prero-
gatives of the executive. A democratic society miglit exist, in
whi( h the forces of the nation would be more centralized than
they are in the United States ; the people would exercise a less
direct and less irresistible inlluence upon public affairs, and yet
every citizen invested with certain rights, would participate,
within his s[)here, in the conduct of the government. The ob-
servations I made amongst the Anglo-Americans induce me to
believe that democratic institutions of Miis kind, prudently intro-
duced into society, so as gradually to mix with the habits and
to be interfused with the opinions of the peojjle, might subsist in
other countries besides America. If the laws of the United
States were the only imaginal)le democratic laws, or the most
perfiM't which it is jiossible to conceive, 1. should admit that the
success of those institutions allbrds no proof of the success of de-
mocratic institutions in general, in a country less favored by
natural circmnstances. But as the laws of America appear to
me to be defective in several respects, and as I can readily it.ia-
gine others of the same general nature, the peculiar advantages
of that country do not prove that democratic institutions cannot
succeed in a nation less favored by circumstances, if ruled by
better laws.

If human nature were dilierent in America from what it is

,;5(!

306

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I-

I ^

(Mr-

elsewhere ; or if the social condition of the Americans cng-ender-
ed habits and opinions amongst them diflerrnt from those which
orit^inate in the same social condition in the Old World, the
American democracies wouiil all'ord 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 tlie country and the
favor of circumstances to restrain tiiose projicnsities within due
limits, tlie prosperity of the [nited States would be exclusively
attributable to physical causes, and it would allbrd no encour-
ajyement to a peoj)le inclined to imitate their example, without
sharing!; their natural advantages. But neither of these suppo-
sitions is borne out by facts.

In America the same passions are to be met >\ith as in Europe;
some originating in human nature, others in the democratic con-
dition of society. Thus in the I nited State ; I found that rest-
lessness of heart which is natural to men, when all ranks are
nearly equal and the chances of elevation are the same to all.
I found the democratic feeling of envy expressed under a thou-
sand diiferent forms. I remarked that the peoj)le frequenviV dis-
played, in tiie conduct of alVairs, a consummate mixture of igno-
rance and presumption ; and 1 infernal that in America, men
are liable to the same failings and the same absurdities as
amongst ourselves. But upon examining the state of society
more attentively, I speedily discovered that the AnuM'icans had
made great and successiid ed'orts to counteract tlu'se ini})orfec-
tions of human nature, and to correct the natural defects of de-
mocracy. Tiieir divers nuuiicijial laws appeartd to ine to be a
means of restraining the and)ition of the citizens within a narrow
sphere, and of turning those same passions which n:'id»l have
worked havoc in the State, to the good of the township or the
parish. The American legislators have siu'ceeded to a certain
extent in opposing the notion of rights, to the feelings of envy;
the permanence of the religious world, t.) the continual shifting
of politics; the experience of the peopli% to its theoretical igno-
rance ; and its practical knowledge of business, to the impatience
of its desires.

The Americans, then, have not relied upon the nature of their
country, to counterpoise those dangers which originate in their
Constitution and in their jJoHtical laws. To evils which are
common to all democratic peoj)les, they have applied remedies
which none but themselves had ever thought of before; and al-
though they were the lirst to make the experiment, tliey have
succeeded in it.

.1 T:

' #Fi,

307

The manners and laws of tiic Americans are not tlie only
ones which may suit a democratic people ; but the Amcricr.as
have shown that it would be wronc^ to desjjair of reu:ulating de-
mocracy by the aid of manners and of laws. If odier nations
should borrow this i^eneral and preijcuant idea from die Ameri-
cans, widiout however iiUendiniz; to imitate them in the peculiar
application vvhlch they luive made of it ; if they should attempt
to fit tliemselves for that social condition, which it seems to be
the will of Providence to iuijuise upon die ^venerations of this
ai^c, and so to escape from the despotism or the anarchy which
threatens them ; what reason is there to suppose that their eflbrts
would not be crowned ^\ ith success ? The organization and the
establishment of democracy in Christendom, is the great politi-
cal prol)lem of the time. The Americans, muiuestionably, have
not resolved this jirol)lem, but diey furnish useful data to those
who undertake the task.

m
m

«H

IMPORTANCE OF WHAT J^RECEDES WITH RESPECT TO THE

STATE OF EUROPE.

It may readily be discovered with ^^hat iiifentlon I undertook
the foregointi iu(piiries. 'J'he (piestion here discusset' inter-
estiuL!: not only to t\\v United ."^tntes, but to the wliol? w.- I : it
concerns, not a nation, hut all mankind. Jf those nations whose
social coiulition is democnitic could only remain free as long as
they are inliabitants ol"tlie wilds, we could not but desjjair of the
future destiny of the human race; for democracy is rapidly ac-
quiring a more extended sw ay, and the w lids are gradually peo-
|)le(l with iiu'ii. If it were true that laws and maimers are iii-
suHicient to maintain democratic institutions, what reliige would
remain ojien to the nations e\cej)t the (lesj)oti<!n of a single indi-
vidual? I am aware that there are many worthy j)ersons at the
present time who are not alarmed at this latter alternative, and
wlio are so tired of" liberty as to be glad of repose, (iir from those
storms by which it is attended. IJut these individuals are ill
acquainted w ith the haven to w Inch they are bound. They ;; e

,rj

308

.J int.

• m

till •'

I ^ ' ■ • '

I . 1

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iMt':

" (I

SO deliulcd by tlicir recollections, as to judpe the tendency of
absolute power by what it was Ibrnierly, and not by what it
micht become at the present time.

If absolute power were re-estabUshed aniongi:st the democratic
nations of Europe, I am persuaded that it would assume a new
form, and aj)pear under features unkno^^'n to our forefathers.
There was a time in J'iUroj)e, when tlie laws and the consent of
the jieople had invested princes with .Imost unlimited authority;
but they scarcely ever availed theinseh es of it. 1 do not speak
of the prerogatives of the nobility, of the authority of supreme
courts of justice, of corporations and their ciinrtered riijchts, or
of provincial privileires, which served to l)reak the blows of the
sovereig'n autiiority, suid to maintain a spirit of resistance in ilie
nation. Ihlependently of these jiolitical institutions, — which,
however opposed tiiey niiiiht be to personal liberty, served to
keep alive the lo\e of (i-cedom in the mind of tiie public, and
which may be esteemed to have be(Mi usel'ul in this resj)ect, — the
manners and o|)iiiions of the nation confined tlie royal autiiority
within barriers which were not less powerl'ul, althoui;ii they were
less consj)icuous. IJcliiiion, the ali'ections of the people, the
beiunolence of the ])riuce, the sense of honor, f.unily pride, ]iro-
vincinl prejiuiices, cu>toin, and public opinion limited the power
of kinii's, and rcstriiined their authority witliin an invisible circle.
The constitution of ntitions was desjjotic at that time, but their
manners were free. J'rinces had the riizht, but they had neither
the means nor the (I(\^ire, (tf doini';; " luUeAcr they pleased.

But what now remains of those barriers which formerly ar-
rested the autxressions of tyrarmy ? Since reliti'ion has lost its
empin^ over the souls of men, the most ))rominent boundary which
divided tjood from evil is overthrown : the very elements of the
moral world are indeterminate ; the princes and the peoples of
the earth are iLruided by chance, and none can deline the natural
limits of despotism and the bounds of licence. Louir revolu-
tions have for ever destroyed the respect which snrroundecl the
rulers of the State ; e.nd since they have \n< n relieved (i-om the
burden of jiublic esteem, princes ma\ hen< * litrward surrer.fhr
themselves without lear to the seductiuns of arbitrary |)o\\er.

When kinji's llnd that the hearts of their suhjects are turned
towards them, they are ch nient, because they are conscious of
their strength ; and they are chary of the alli'ctionof llicir peo-
ple, because the alfection of their people is the bul\\ark of the
thr :ne. A nuitual interchan!j,(> ot" "oodwill then takes j)lace be-
tween the prince and the j)eople, which resembles the 'rracious

S09

intercourse of domestic society. The subjects may murmur at
the sovereign's decree, but tbey are grieved to displease him ;
and the sovereign chastises liis subjects with the Hght hand of
parental allbction.

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 people the weakness of their
right, aiul 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 be weak, he is despised; if he
be strong, ho is detested. He is himself full of animosity and
alarm ; he linds that he is a stranger in his own country, and he
treats his sul)jccts like conquered enemies.

When the provinces and the towns termed so many diflerent
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 sub-
jection : but now that ail the pnrts of the same empire, after
ha\ ing lost tiieir immunities, their customs, their prejudices, their
traditions, and their names, are subjected and accustomed to the
same laws, it is not more dillicult to oppress them collectively,
than it was formerly to oppress them singly.

Whilst the nobles enjoyed their power, and indeed long after
that power was lost, the honor of aristocracy conferred an extra-
ordinary degree of force upon their personal opposition. They
afforded instances of men who, notwithstanding their weakness,
still entertained a high opinion of their personal value, and dared
to cojje single-handed with the eflbrts of the public authority.
But at the pre>ent day, when all ranks are more and more con-
founded, when the individual disaj)pears in the throng, and is
easily lo>t in the miilst of a common obscurity, when the honor
of monarehy has almost lost its empire williout being succeeded
by pul)lic virtue, and when nothing can enable man to rise above
himself, uho shall say at ^^h;!t point the exigencies of power and
the ser\ilil\ of weakness will stop?

As long as I'amily feeling was kept alive, the antagonist of
oppression was never alone ; he looked about him, and lijund his
clients, his hereditary friends, and his Uinslblk. If this support
was wanting, he was sustained by his ancestors and animated by
his posterity, litit when j)atrinionial estates are divided, and
when a few years siidice to confouiul the distinctions of a race,
where can family feeling be found ? \\ hat force can there be
in the customs of a country which has changed, and is still per-
petually changing its aspect ; in which every act of tyranny has

t
I

SIO

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t'-i

IT"

' I*'
t

a precedent, and every crime an example ; in which there is
nothino; so old that its antiquity can save it from destruction,
and nothing" so unparalleled that its novelty can prevent it from
beincc fl<'"^ •'' What resistance can be oficred by manners of
so pliant a make, that they have already often yielded ? What
strength can ever public opinion have retained, when no twenty
persons are connected by a common tie; when not a man, nor a
family, nor chartered corporation, nor class, nor free institution,
has the power of representing; tiiat opinion ; and when every citi-
zen — being equally weak, equally poor, and equally depend-
ent — has only his personal impotence to oppose to uie organized
force of the (lovernment ?

Tlie annals of France furnish nothing analogous to the condi-
tion in which that country might then be thrown. But it may
more aptly be assimilated to the times of old, and to those hideous
eras of Koman oppression, when the manners of the people -were
corrupted, their traditions obliterated, their habits destroyed,
their opinions shaken, and freedom, expelled from the laws, could
find no refuge in the land ; when nothing protected the citizens,
and the citizens no longer protected themselves; when human
nature was the sport of man, and princes wearied out the clem-
ency of Heaven before they exhausted the patience of their
subjects. Those who hope to revive the monarchy of Henry
IV. or of Louis Xl\'., appear to me to be alllictcd with mental
blindness ; and when I consider the present condition of several
European nations, — a condition to which all the others tend, —
I am led to believe that they will soon be left with no other
alternative than democratic liberty, or the tyranny of the (Ja>sars.

And indeed it is deserving of consideration, whether men
are to be entirely emancipated, or entirely enslaved ; whether
their rights are to be made equal, or wholly taken away from
them. If the rulers of society were reduced either gradually
to raise the crowd to their own level, or to sink the citizens
below that of humanity, would not the doubts of many be re-
solved, the consciences of many be healed, and the community
prepared to make great sacrifices with little difficulty ? In that
case, the gradual growth of democratic manners and institu-
tions should be regarded, not as the best, but as the only nieans
of preserving freedom ; and without liking the government of
democrac} , it might be adopted as the most applicable and the
fairest remed}' for the present ills of society.

It is difficidt to associate a people in the work of govern-
ment ; but it is still more dilTicuU to supply it with experience,

311

there is
itruction,
It it from
inners of
' Wiiat
ID twenty
lan, nora
istitution,
very citi-

depend-
organixed

Llie condi-
Lit it may
;e hideous
;ople-were
destroyed,
ivvs, could
le citizens,
en human
: the clem-
e of their
of Henry
xh mental
of several
rs tend, —
li no other
ic (Jacsars.
ether men
; ^\hethe^
away liom
gradually
ihe cilixens
I any he re-
community
? In that
nd institu-
Dnly means
ernment of
)le and the

and to inspire it with the feelings which it requires in order to
govern well, I grant that the caprices of democracy are per-
petual ; its instruments are rude, its laws imperfect. But if it
were true that soon no just medium would exist helween the
empire of democracy and the dominion of a single arm, should
we not rather incline towards the former, than submit volun-
tarily to the latter? And if complete equality be our fate, is
it not better to be levelled by free institutions than by despotic
power ?

Those who, after having read this book, should imagine that
my intention in writing it has been to propose the laws and
manners of the Anglo-Americans for the imitation of all demo-
cratic peoples, would commit a very great mistake ; ihey must
have paid more attention to the form than to the substance of
my ideas. My aim has been to show, by the example of Ame-
rica, Uhat laws, and especially manners, may exist which will
allow a democratic people to remain free. But I am very far
from thinking that we ought to follow the example of the Ame-
rican democracVi and copy the means which it has employed
to attain its ends ; for I am well aware of the influence which
the nature of a country and its political precedents exercise
upon a constitution ; and 1 should regard it as a great misfor-
tune for mankind if liberty were to exist, all over the world,
under the same forms.

But I am of opinion that if we do not succeed in gradually
introducing democratic institutions into France, and if we de-
spair of imparting to the citizens those ideas and sentiments
which first prepare them for freedom, and afterwards allow
them to enjoy it, there will be no inde|)endence at all, either
for the middling classes or the nobility, for the poor or for the
rich, but an equal tyraimy over all ; and I foresee that if the
peaceable empn'e of the majority be not founded amongst us
in time, we shall sooner or later arrive at the unlimited autho-
rity of a single despot.

of govern-
experience,

313

CHAPTER XVIII.

THE PRESENT, AND PROBABLE FUTURE CONDITION OF THE
THREE RACES WHICH INHABIT THE TERRITORY OF THE
UNITED STATES.

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•'■♦■
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The principal part of the task whirl) I had imposed upon my-
self is now performed : I have shown, as far as [ was able, tiie
laws and the manners of the American dcniocrac}'. Here I
mipjht stop ; bnt the reader would perhaps feel that 1 had not
satisfied his expectations.

The absolute supremacy of democracy is not all that we
meet with in America ; the inhabitants of the jNew World may
be considered from more than one point of view. In the course
of this work my subject has often led me to speak of the Indians
and the Negroes ; but I have never been able to stop in order
to show what place these two races occupy, in the midst of the
democratic people whon) I was engap^ed in descril)ing. I have
mentioned in what spirit, and according to what laws, tlie An-
glo-American Union was formed ; but I coidd oidy glance at
the dangers which menace that confederation, whilst it was
equally impossible for me to give a detailed account of its
chances of duration, independently of its laws and manners.
When speaking of the United republican States, I hazarded
no conjectures upon the permanence of republican forms in the
New World ; and when making frequent allusion to the com-
mercial activity which reigns in the Union, I was unable to
inquire into the future condition of the Americans as a com-
mercial people.

These topics are collaterally connected with my subject,
without forming a part of it ; they are American, without be-
ing democratic ; and to portray democracy has been my
principal aim. It was therefore necessary to postpone these
questions, which I now take up as the proper termination of
my work.

313

Kvvm

The territory now occupied or claimed by the American
Union spreads from llie shores of the Atlantic to those of the
pacific Ocean. On the East and West its limits are those of
the continent itself. On the South it advances nearly to the
Tropic, and it extends upwards to the icy regions of the
North.*

The human beings who are scattered over this space do not
form, as in Europe, so many branches of the same stock.
Three races naturally distinct, and I might almost say hostile
to each other, are discoverable amongst them at the first
glance. Almost insurmountable barriers had been raised be-
tween them by education and by law, as well as by their origin
and outward characteristics ; but fortune has brought them
together on the same soil, where, although they are mixed,
they do not amalgamate, and each race fulfils its destiny
a])art.

Amongst these widely difiering families of men, the first
which attracts attention, the superior in intelligence, in power
and in enjoyment, is the While or European, the man pre-
eminent ; and in subordinate grades, the Negro and the In-
dian. These two unhappy races have nothing in common ;
neither birth, nor features, nor language, nor habits. Their
otily resem!)lanec lies in tlieir misfortunes. Both of them
occupy an inferior rank in the country they inhabit ; both
sudor from tyranny ; and if their wrongs are not the same,
they originate at any rate with the same authors.

if we reasoned from what passes in the world, we should
almost say that the European is to the other races of mankind,
what man is to the lower animals ; — he makes them subser-
vient to his use ; and when he cannot subdue, he destroj's
them. Oj)pression has at one stroke depriveil the descendants
of the Africans of almost all the privileges of humanity. The
Neijfro of the United Slates has lost all remembrance

of h

country ; the language which his forefiilhers spoke is never
heard around him ; he adjured their religion and forgot their
customs when he ceased to belong to Africa, without acquir-
ing any claim to European privileges. But he remains half-

See the JIap.

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tor- " >ii

S14

way between the two communities ; sold by tlie one, repulsed
by the otluT ; lindiiig not a spot in the iiniMTse to call hy il.e
iiiimo of country, cxoept the (hint image of" a lionie >\hith the
shelter of liis master's roof aflbrds.

Tlie JNegro has no family ; woman is merely the temporary
companion of his pleasures, and his children are upon an equal-
ity with himself from the moment of their birth. A^u I to call
it a proof of God's mercy, or a visitation of his wrath, that
man in certain states appears to be insensible to his extreme
wretchedness, and almost atTects with a depraved taste the
cause of his misfortunes ? The Negro, who is plunged in this
abyss of evils, scarcely feels his own calamitous situation. Vio-
lence 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 born ; nay,
be may have been purchased in the won)b, and have be|:un
his slavery before he began his existence. Equally devoid of
wants and of enjoyment, and useless to himself, he learns, widi
his first notions of existence, that he is the j)roperty of another
who has an interest in preserving his life, and that the care of
it does not devolve upon himself; even the power of thoufiht
appears to him a useless gift of Providence, and he quietly
enjoys 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
much unacquainted with her dictates to obey them. A thou-
sand new desires beset him, and he is destitute of the know-
ledge and energy necessary to resist them : these are masters
which it is necessary to contend with, and he has learnt only
to submit and obey. In short, he sinks to such a depth of
wretchedness, that while servitude brutalizes, liberty destroys
him.

Oppression has been no less fatal to the Indian than to the
Negro race, but its ellects are difl'erent. Before the arrival of
white men in the New World, the inhabitants of North America
lived quietly in their woods, enduring the vicissitudes and
practising the virtues and vices common to savage nations.
The Europeans, having dispersed the Indian tribes and dri\ en
them into the deserts, condemned them to a wandering life full
of inexpressible sufTerings.

315

Savajre nations are only controlled by opinion and by cus-
tom. When the North American Indians had lost the senti-
liinent of attachment to their country ; when tlieir families
were dispersed, their traditions obscured, and the chain of their
recollections broken ; when all their habits were changed, and
their wants increased beyond measure, European tyranny ren-
dered them more disonlerly and less civilized than they were
before. The moral and physical condition of these tribes con-
tinually grew worse, and they became more barbarous as they
became more wretched. JVevertheless the Europeans have not
l)cen able to metamorphose the character of the Indians ; and
though they have had power to destroy them, they have never
been able to mak: them submit to the rules of civilized so-
ciety.

The lot of the Negro is placed on the extreme limit of servi-
tude, while that of the Indian lies on the uttermost verge of lib-
erty ; and slavery does not produce more fatal effects upon the
first, than independence upon the second. The Negro has lost
all property in his own person, and he caimot dispose of bis ex-
istence without committi".g a sort of fraud : but the savage is
his own master as soon as he is able to act ; parental authority
is scarcely known to him ; he has never bout his will to that of
any of bis kind, nor learned the difference between voluntary
ol)edience and a shameful subjection ; and the very name of law
is uidinown to him. To be free, with him, signifies to escape
from all the shackles of society. As be delights in this barbarous
independence, and would rather perish than sacrifice the least
part of it, civilization Ifas little power over him.

The Negro makes a thousand fruitless efforts to insinuate
himsel*' amongst men who repulse him ; be conforms to the
tastes L his oppressors, adopts th(>ir opinions, and hopes by imi-
tating them to form a part of their community. Having been
told from infancy that his race is naturally inferior to that of the
Whites, he assents to the proposition, and is ashamed of his own
nature. In each of bis features be discov<'rs a trace of slavery,
and, if it were in his power, he would w illingly rid himself of
everything that makes him what he is.

The Indian, on the contrary, has his imagination inflated with
the pretended nobility of bis origin, and lives and dies in the
midst of these dreams of pride. Far from desiring to conform
his habits to ours, he loves his savage life as the distinguishing
mark of his race, and he repels every advance to civilization,
less perhaps from the hatred which he entertains for it, than

31G

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from a drrad of rcspmblinG; tho Enroppans.* While he has no-
thinj^ to oppose to onr pcilcctiou in the nrts hut the resources ot
the desert, to our tiieties iiothiua; hut un(lisei|)Iiiie(l courripe ;
whilst our weii-ditiested pjjuis are met hy the sf)ontnneous in-
stiiiets ofsavajj^e lile, who ean wonder if lie fails in this unequal
contest ?

The Nepro, who eiirnestly desires to minffle his race with that
of the Kuro|)ean, eiuniot elieet it; while the Indian, who mifjiit
succeed to a certain extent, disdains to make the attempt. Tho
servility of the one dooms him to slavery, the pride of the other
to death.

1 remember that while I was travellino; throut^h the forests
which still cover the State of Alabama, I arrived on»^ day at the
loji-house of a ])ioue<'r. I diti not wish to ])enetrate into the
dwelling' of the American, but retired to rest myself for a while
on the marg^in oC a spring, which was not far oil", in the woods.
^A hilc I was in this place, (which was in the neighhorhood of
the Creek territory,) an Indian woman ap[)eared, followed by a
negress, and hohiing by the hand a littli* white girl of live; or six
years old, whom 1 took to be the daughter of the pioneer. A
sort of i)arbarous luxury set oil' the costume of the Indian;
rings of metal were hanging liom her nostrils and ears ; lu r
hair, which was adoriud with glass beads, iell 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 tho

* TliH native of Norlli Amorioa rotaiiis liis opinions ami tlio most insipnificiiiu
of his lial)its witli a (Ic^'ifc of t('na<'ily u liii'li lias no i)arallfl in liistoiy. Tor mure
than two hundred years the. wandcnnK Irilics of .North Anicrina have liad daily
interconrse with tliu \\ hiics, and they iiavc m'vrr derived from tlipm either a
cnstom or an idea. Yet the I'.nropeans ha\e exereised a powerful inlh'enee ovit
the Savages : they ha\e made them more lieentions, hnt not more F.nropeaii. In
the snnnner of It^ol I iiappened to he heyond Lake Michigan, at u place called
Green-hay, wliich serves as the extreme frontier l)et\veen the United States and
the Indians on the north-western side. Here 1 hecame acquainted with an .Ame-
rican officer, Major H , who after talking to me at length on the intlexihiliiy ot*
the Indian churrcter, related tiie following fact: "I formerly knew u young In-
dian," said he, "who had heen educated at aco!l(!ge in iS'cnv I'.ngland, where lie
had greatly distingui»>lied himself and had acquired the extertial appearance of a.
niemher of civilized society. When the war hroke oiU hetween ourselves and
the English in If^IO, I saw this young man again ; he was serving in onr army, at
the head of the warriors of his trihe ; for the Indians were admitted amongst tlie
ranks of the Anu^ricans, upon condition that they would ahstain from their horri-
ble custom of .scalping their victims. On the evening of the battle of * * *, C.
came and sat himself down l)y the fire of our bivouack. I a.sked him what had
been his fortune that day: he relatetl his exploits: .md growing warm and ani-
mated by the recollection of them, he concluded by suddenly ojjening the breast
of his coat, saying, 'Yon must not betray me, — see here!' "'And 1 actually be-
held." said the Major, " between his body and his shirt, the skin and hair of an
English head, still dripping with gore."

317

nuptial couch. The ncgrcss was clad m squalid European gar-
ments.

Thoy all throe cnmc and seated tlioinsrlves upon the banks of
the Conntain ; and the younu, Indian, takin^• the child in her
arms, lavished upon her such fond caresses as mothers give ;
while the negress endeavored by various little artifices to attract
the attention of the young Creole. The child displayed in her
slightest gestures a consciousness of superiority w iiich formed a
strange contrast with her infantine weakness ; as if she received
the attention!' of her companions with a sort of condescension.

The ncgiess was seated on the ground before hci mistress,
watching hcT smallest desires, and apparently divided between
strong affoction for the child and servile fear; whilst the savage
displaycil, in the midst of her tenderness, an air of freedom and
of pride which was almost ferocious. I had approached the group,
and I contemplated them in silence ; but my curiosity was pro-
bably displeasing to the Indian Voman, 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 met together in the
same place, who belonged to the three races of men which peo-
ple North America. 1 had perceived from many diUcrent re-
sults the preponderance of the Whites, l^ut in the picture which
I have just been describing there was something peculiarly
touching; a I)(-nd of afi'ection here united the oppressors with
die oppressed and the effort of Nature to bring them together
rendered stili more striking the immense distance placed between
them by prejudice and by law.

I
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318

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I '

THi! PRESENT AND PROBABLE FUTURE CONDITION OF THE IN-
DIAN TRIBES WHICH INHABIT THE TERRITORY POSSESSED
BY THE UNION.

Grndaiil disappcarnnce of tlio native tribos. — Planner in which ii fakes place. —
Miseries accniiipaiiyin^ the finced migrations Dftiit; Indians. --The 8ava"es of
^forth Amt-rica liad only two ways of e.^capini^ destinctiim ; war or civiiiza-
tion. — i'liey are no longer al)le to make war. — Reasons why they refnsed to
bec"ine civilized when it was in their jiovver, and why they cannot become so
now that they desire; it — Insta»icc of the (?reeks and Cherokees. — Policy nf
the particular States towards . lese Indians. — I'olicy of die Federal Govern-
ment.

None of the Indian tribe.s vvhisli formerly inhabitetl the territory
of New England, — tlie Narragansetts, tlic Mohicans, the Perots,
— ha»'e any existence but in the recollection of man. The
Lenapes, who received William Pcmi a hundred and fifty years
ago upon the bardis of the Delaware have disappeared; and I
myself met with the last of the Iroquois, who were begging
alms. The nations I have mentioned fornjorly covered the coun-
try to the sea-coast ; but a traveller at the present day must pene-
trate more than a hundred leagues into the inferior of the conti-
nent to find an Indian. Not only have these wild tribes receded,
but they are destroyed* ; and as they give way -r perish, an
immr '^e and increasing people fills their place. 1'here is no
instance upon record of so prodigious a growth, or so rapid a
destruction ; the manner in which the latter change takes place
is not difficult to describe.

V/hen the Lidians were the sole inhabitants of the wilds from
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 fleslj 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, die rough garments which
had previously satisfied their untutored simplicity. Having
acquired new tastes, without the arts by which they could be

• In the thirtfen original States, there ar only 6,273 Indians ieniaiuing. (See
Legislative Docuraeuts. 20th C'orgress, No. il7. page 90.)

S19

gratified, the Indians were obliged to have recourse to the work-
manship of the Whites ; but in return for their productions the
savage had nothing to ofier except the rich furs which still
abounded in his woods. Hence the chase became necessary, not
merely to j)rovide for his subsistence, bnt in order to procure
tlie only objects of l)artcr which he could furnish to Europe.*
Whilst the wants of the natives were thus increasing, their re-
sources continued to diminish.

From the moment wiien an European settlement is formed in
the neighborhood of the territory occupied by the Indians, the
boasts of chase take the alarm. t Thousands of savages, wan-
dering in the foresid and destitute of any fixed dwelling, did not
disturb them ; but as soon as the continuous sounds of European
labor are heard in the neighborhood, tiicy begin to flee away,
and retire to the west, where their instinct teaches them that they
will find deserts of immeasurable extent. " The bullaio is constantly
receding," say Mcss'rs Clarke and Cass in tlieir Report of the
year J(S2i); " a few years since they approached the base of the
Alleghany ; and a lew years hence they may even be rare upon
:he inunenso plains which extend to the base of the Rocky Moun-
tains." 1 have been assured tiiat this eO'ect of the approach of
the Whites is often ielt at two hundred leagues' distance from

":.?' ftl

eiiiaiuing. (See

* iMcssrs. Cliiikn iind C.iss, in llicir Upport to Con<ri-ess, tlie 4th Fehiiarv 1fe29,
p 21'. e\|)r("ss('(l tlieins(!l\(!s tliii-' : 'TIh> time when the Iiuhims {rinienilly c nid
stipply tht'insfivos with food :m(l clotliiiij;, without iiiiy of 'he articles of civil-
izi'il iil'e. lias Idiij; since |)uss(!d away. Tlit! more remote trihea, heyiuid the Mis-
sis-sipi, who live wliere iiiiiiie^ise herds oC hntValo are yet to he found, and who
follow those animals in ihcir permdieal ntigralions, conid more easily than any
others rccnr to llie hal)its ol' their ancestors, and live without the white man or
;iny ol' his maimractiires. I5iit the hnliiilo is constantly reciMlins. The smaller
imim.iis, tiio hear, the deiM- the heaver the otter, the mnskrat, Ac, principally
minisle." to the ciimlort and support o'' the Indians; and these cainiot be taUeii
witlioiit f'lins, aiiiinnnitloii and traps

'• .\moiii.' tlie North western Indians particidarly, the labor of supplying a fa-
mily with food is excessive Day after day is spent hy tiie hnntcr without success,
ami diinnj; this interval his family must subsist npon bark or root.s, or |)eri»h.
Want aiwl misery are around them and among them. 3Iaiiy die every winter
I'roin actual starvation.'

The Indians will not live as Europeans live ; and yei they can neither subsist
without them, nor exactly after the (iishion of th(!ir fathers. This is demonstrated
by a fact which I likewise give npon oliicial authority. Some Indiani of a tribe
on the hanks of Laki; SupiM'ior had killed an European; the American (Jovern-
nieiit interdicted all tralli;'. with the tribe to which the guilty parties belonged, until
tliey were delivered up to justice. This measure had the desired el'.ect.

t " Five years ago, ' (says V'cdney in his 'I'ahleau des I'.tats Unis, p. 370,1 " in
going from V inceimes to Ivaskaskia, a territory which now forms part of the
State oflirun)is, hut which at the time [ mention was complefelv wild (I7i)7) you
could not cross a prai'-ie without seeing lauds of from four to five liisndrfcd bnfi'a-
locs. There arc now imne remaining; they swam across the Mississippi, to escape
from the huuters, uud more purticuiarly from tlie bella of the Amenciui cc-.vs.

i
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i I

320

%3 r*'*ii

<il'

their frontier. Their influence is thus exerted over tribes whose
name is unknown to them, and who suffer the evils of usurpation
lonp; before they are acquainted with the authors of their distress.*

Bold adventurers soon penetrate into the country the Indians
have deserted, and when they have advanced about fifteen or
twenty leatrues from the extreme frontiers of the Whites, they
becfin to build habitations for civilized beings in the midst of the
wilderness. This is done without difficulty, as the territory of a
huntinp:-nation is ill defined ; it is tbe common jiroperty of the
tribe, and belon<2:s to no one in particular, so that individual in-
terests are not concerned in the protection of any part of it.

A few European families setded in difierent situations at a
considerable distance from each other, soon drive away the wild
animals which remain between their places of abode. The In-
dians, who had previously lived in a sort of abundnnve, then
find it difficult to subsist, and still more difficult to procure tlie
articles of barter wiiich they stand in need of.

To drive away their game is to deprive them of the means of
existence, as eflbctually as if the fields of our agriculturists were
stricken with barrenness ; and they are reduced, like i iiished
wolves, to f)rowl through the forsaken woods in quest of prey.
Their instinctive love of their country attaches them to the soil
Tvhlch gave tliem birth, t even after it has ceased to yiclil anything
but misery and death. At length they aro compelled to acqui-
esce, and to depart : tlicy follow the traces of the elk, the buf-
falo, and the braver, and are guided by these wild animals In
the choice of their ftiture country. Proj)orly speaking, therefore,
it is not the Europeans who drive away the native iidiabitants
of America ; it is famine which compels them to recede ; a happy
distinction which had escaped the casuists of former times, and
for which we are indebted to modern discovery !

It is Impossible to conceive the extent of the sufierlngs which
attend these forced emlgralious. They are undertaken by a

* The tnilli of what I hero advance nny be easily proved by cotisiiliina; the
Tnlmhir ."SKitHiiuMit of Iii(iiiiii Tribes itih.ibitirifr the I'nlled Siiites iind tli»,-ir terri-
tories. ' l.estisliitive [)( iMimenis, '^Oth Coriffrcss, i\o. 1 17, |>, f) ■ — 10").) It is there
shown thut ih(! fril)e.s of America fire rapidly decreasing, althongli the Enropeans
are still at a ron-ii lerahle distance from them.

t " The (ndiaiis.'' say Messrs Clarke and Cass in their Report to Congress, p,
]r>, "aie attachiMl to their roiintry by the same feelings wliieh bind n-i to oiir-i;
and. hi'sifies. tlu're are eerlain superstitions mttions connected with the aliena'ioii
of what the (ireat Spirit gave to ilmir aii('t!.-;|ors which operate strontfiy njion the
tribes \y\,n have m.ide lew or no cessions, hiil v>hi(;h are gradiiallv weakened a*
onr intercourse wiih them is extended. ' We will not si-ll the spot which contains
the boiieB of our futhers/ is uliiiutit always the ilrst uuswur to a propositiun for a
■ale."

321

people already exhausted and reduced ; and the countries to
which the new comers betake themselves are inhabited b}' other
tribes which receive them with jealous hostility. Hunger is
in the rear, war awaits them, and misery besets them on all
sides. ]n the hope of escaping from such a host of enemies,
they separate, and each individual endeavors to procure the
means of supporting his existence in solitude and secrecy, living
in the immensity of the desert like an outcast in civili/'^d
society. The social tie, which distress liad long since weak-
eiu'd, is then dissolved : they have lost their country, and their
people soon deserts them ; their very lamilies are obliterated ;
llie names they bore in common arc forgotten, their language
perishes, and all traces of their origin disappear. Their nation
has ceased to exist, except in the recollection of the antiquaries
of America and a few of the learned of Europe.

I should be sorry to have my reader suppose that I am color-
ing the picture too highly : I saw with my own eyes several of
the cases of misery wliicli I have been describing ; and I was
the witness of suIlV-'ugs which I have not the power to por-
tray.

At the end of the year 1831, whilst I was on the left bank
of the Mississippi at a place named by Europeans Memphis,
there arrived a numerous band of Clioctaws (or Chactas, as
they are called by the French in Louisiana.) These savages
had left their country, and were ondcavoring 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 ; tlie snow had fro/en hard upon the ground, and the
river was drifting huge masses of ice. The Indians had their
fiiinilies with theuj ; and they brought in their train the wound-
ed and the sick, with childn n newly born, and old men upon
the verge of deatii. They possessed neither tents nor wag-
ons, but only their arms and souje provisions. I saw them
embark to pass the mighty river, and never will that solemn
spectacle fade from my remembrance. ISo cry, no sob was
heard amongst the assembled crowd : all were silent. Their
calamities were of ancient date, and they knew them to be ir-
remediable. The Indians had all stepped into the bark which
was to carry them across, but their dogs remained upon the
hank. As soon as these animals perceived that their masters
were finally leaving the shore, they set up a dismal howl, and,

H' k

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322

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plunging all together into the icy waters of the Mississippi,
they swam after the boat.

The ejectment of the Indians very often takes place at the
present day, in a regular, and, as it were, a h^gal manner.
When the European population begins to approach the limit
of the desert inhabited by a savage tribe, the Government of
the United States usually dispatches envoys to them, who as-
semble the Indians in a large plain, and having first eaten and
drunk with them, accost them in the following manner : " What
have you to do in the land of your fathers? Before long you
must dig up their bones in order to live. In what respect is
the country you inhabit better than another? Arc there no
woods, marshes, or prairies, except where you dwell ? And
can you live nowhere but under your own sun ? Beyond those
mountains which you see at the horizon, beyond the lake which
bounds your territory on the West, there lie vast countries
where beasts of chase are found in great abundance ; sell your
lands to us, and go to live hapjiily in those solitudes." After
holding this language, they spread before the eyes of the In-
dians fi'-e-arms, woollen garments, kegs of brandy, glass neck-
laces, bracelets of tinsel, ear-rings, and looking-glasses.* U\
when they have beheld all these '-ichos, they still hesitate, it is
insinuated that they have not the means of vefiising their re-
quired consent, and that the (Jovernment itself will not long
have the power of protecting them in their rights. What arc
they to do? Half convinced, and half compelled, they go to
inhabit new deserts, where the importunate Whites will not let
ihem remain ten years in tranquillity. In this marmer do the
Americans obtain at a very low price whole provinces, which
the richest sovereigns of Europe could not purchase. f

* See in the Legislative Documents of Congress (Doc. 117.) the narrative of
vvliat takes place on these orcasions. This cnrioiis passage is from itie aliovf-
mentioned Report, made to Congress by Mess'rs Clarice and Cas.s in February
1829. Mr. Cass is nosv the Secretary at War.

" The Indians," says the Report, " reach the treaty-ground poor, and almost
naked. Large (juantities of goods are taken there by the traders and are seen
and examined by the Indians Tiie women and children become importnnate to
have their wants snpj>lied, and their influence is soon e.\erted to iiuhice a sale.
Their improvidence is habitual and nncoiKpierable. The gratiticaiion of liis iiii-
mediate wants and desires is the ruling passion of an Indian : the cxpectatinii of
future advantages seldom produces umrli ellect. The experience of the jxist is
Jost, and the prospects of the future disregarded. It would be utterly hopeless to
demand a cession of land unless the means were at hand of gratilyuig their inuiie-
diate wants; and when their condition and circumstanres are fairly considered,
it ought not to surprise us that they are so anxious to relieve ihemscives."

t On the l!)th of May IKJO, Mr. Tdward Everett atlirmed before the House of
Representatives, that the Americans had already acquired by tnntji. to the ea.st
and west of the Mississippi, '^30,000,000 of acres. In IfriOd the Uvuges gave up

323

; of the Iti-

Tbese are great evils, and it must be added that they appear
to me to be irremediable. I believe that the Indian nations of.
North America are doomed to perish ; and that whenever the
Europeans shall be established on the shores of the Pacific
Ocean, that race of men will be no more.* The Indians had
only the two alternatives of war or civilization ; in other words,
they must either have destroyed the Europeans or become their
equals.

At the first settlement of the colonies they might have found
it possible, by uniting their forces, to deliver themselves from
the small bodies of strangers who landed on their continent.f
They several times attempted to do it, and were on the point
of succeeding; but the disproportion of their resources, at the
present day, when compared with those of the Whites, is too
great to allow such an enterprise to be thought of. Neverthe-
less there do arise from time to time among the Indians men of
penetration, who foresee the final destiny which awaits the na-
tive population, and who exert themselves to unite all the tribes
m common hostility to the Europeans; but their eflbrts are
unavailing. Those tribes which are in the neighborhood of
the Whites, are too much weakened to ofler an effectual resist-
ance ; whilst the others, giving way to that childish careless-

48,000,000 ncres for an annual payment of 1,000 dollars. In 1818 the Qnapaws
yielded up 'i!>. 000 00 I acres for 1,000 dullarti. They reserved for themselves a
territory of 1,00 ).000 jifres for a hiinrm;i-!;roritid. A solemn oath was lalvcii that
it shonhl he respected: hot hefore lonjj it was invaded like the r<!st.

]Mr. IJell, in his • Report of the ('ommitloe on Indian alliiirs.' February 21, 18:?0,
has these words: " To p;iy an Indian tcihe wliat their ancient hnntinij-jfronnds are
worth to them, after the pame is lied or destroved, as a mode of appropriating
wild lands claimed hy Indians lias been found more; convenient, and certainly it
is more agreeable to the forms (d' insTuM' as w(di as more mcrcifid, than to assert
till! possession of them by the sword Thiisth(' pr.'n'tice of buying Indian titles is
but the substitute winch humanity and expediency have imposed, in jdaee of the
sword, in arnvina; at the actual enjoymenl of property claimed by the rijrht of
discovery, and sanclioueil by thiMiatural superiority atlow(!d to the claims of ci-
vih/.cd comumnitit's. over those ot" sav:ij;(> trilies. Tp to the present time, so in-
viiriiihle has Ihmmi tiu' operation of ccrliim c iscs. first ui diminishing the value of
forest l.inds to (he Indians, and scconilly in disposiuf; them to sell readily, that
the pla-i of buy i n,'.M he irri;,dit of ocni panes has inn (;r threatened to retard many per-
ceptibl(\ dcirree, the prosperity of any of tiie States." (Legislative Documents,
yist Coni^'ress, \o. ;i'i7, p. (i )'

♦ This seems, in 'eed, to he the opinion of almost all American statosmcti,
"Judfrin}r<d' tin' future by the past," says Mr. (^i.ss, '• wecanimt errui anticipating
a ])ro>rressi\e dinunutitm of their numbers, and their eventual extinction, nrdess
our border slioiild become station;iry, and they ho removed beyond it, or unle.ss
SOUK! radical ciiange should lake place in the principles of our intercourse with
theui, which il is easier Ir) hope for than to expect."

t .\uiouirst other warlike enterprises, there was one of the Wampanaogs and
other cfuifedeiate liibes, under Metacom in 1075. against the colonists of New
England ; the Englisli were also engaged in war iu Virginia in 1G22.

S24

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(Ml^

ness of the morrow which characterizes savage life, wait for
the near approach of danger before ihey prepare to meet it :
some are unable, the others are unwilling, to exert themselves.

It is easy to foresee that the Indians will never conloi-m to
civilization ; or that it will be too late, whenever they may be
inclified to make the experiment.

Civilization is the result of along social process which takes
place in the same spot, and is handed down from one genera-
tion to another, each one profiting by the experience of the last.
Of all nations, those submit to civilization with the most diffi-
culty, which habitually live by the chase. Pastoral tribes, in-
deed, often change their place of abode ; but they follow a re-
gular order in t) 'r migrations, and often return again to their
old stations, wlf'.«. the dwelling of the hunter varies with that
of the animals hv, pursues.

t^everal attempts have been made to diffuse knowledge
amongst the Indians, withof controlling their wandering pro-
pensities ; by the Jesuits in Canada, and by the Puritans in
Newl'iUgland ;* l)ut noiir of these endeavors were crowned by
any lasting success. Civilization began in the cabin, but it soon
retired to expire in the woods. The gn^at error of these legis-
lators of the Indians was their not understanding, that in order
to succeed in civilizing a people, it is first necessary to fix it ;
which cannot be done without inducing it to cultivate the soil :
the Indians ouylit in the first j)lace to have been accustomed to
agriculture. But not only arc they destitute of this in(lis[)ensa-
ble j)re'i!ninarv to civilization, they would even have great dilii-
culty in acquirina: it. Men who have once abandoned them-
selves to the restless and adventurous life of the hunter, feel an
insurmountable disgust for the constant and regular labor which
tillage^ recpiires. We see this proved in the bosom of om* own
society ; l)ut it is far more visible among peoples whose partial-
ity for the chase is a part of their national character.

Independently of this general difiiculty, there is another which
r.].'j,lies peculiarly to the Indians; they consider labor not merely
as an evil, but as a disgrace ; so that their pride prevents them
from becoming civ'lized, as nmch as their indolence.-j-

* Sec the ' Ilistoiie de la Noiivelle Franco' by Cliarlevoix, and the work entit-
led ' J.cttrcs (ulili mti's".

t " In nil the tribes," says Voliiey in Iiis 'Tableau des Etat; I'nis,' p. 4211,
" there still exists a freiieratidii ofdlil warriors, who caniidt lorbear, when thev
see t fir eoiuitrynien iisinj,' the hoc, IVoiii exdaiiiiinj^ aj;ainst t!i«i di'jrradation of
ancMMit niinners. and assertni;; that the sava^'es own their deeline lo tluse inno-
vations ; adding, tiiat they havt; only to return lo their primitive hubUs, m order
to recover their power and their glory."

S25

he work entit-

Tlierp is no Indian so wretched as not to retain, under his
hut of bark, a h)(iv idea of his personal worth ; he considers
the cares of in(histry and labor as dea^rading; occupations ; he
compares the husbandman to the ox which traces the furrow ;
and even in our most ingenious handicraft, he can see nothing
but the labor of slaves. Not that he is devoid of admiration for
the power and intellectual greatness of the Whites ; but although
the result of our efforts surprises him, he contemns the means by
which we (obtain it ; and while he acknowledges our ascendancy,
he still believes in his su})eriority. War and hunting are the
only pursuits which appear to him worthy to be the occupations
of a man.* The Indian, in the dreary solitudes of his woods,
cherishes the same ideas, the same opinions as the noble of the
3Iiddle Ages in his castle, and he only requires to become a
conqueror to complete the resemblance : thus, however strange
it may seem, it is in the forests of the New World, and not
amongst the Europeans who jieople its coasts, that the ancient
pr«;ju(lices of Europe are still in existence.

More than once, in the course of this work, I have endeavored
to explain the jjiodigious inlluence which the social condition
appears to exercise upon the laws and the manners of men ; and I
beg to add a Ivw word;^ on the same subject. When 1 perceive the
resemblance whicli exists between the political institutions of our
ance: .ors, the (Jcrmans, and of the wandering tribes of North
America ; between the customs described by Tacitus, and those
of which 1 have sometimes been a witness, J cannot help think-
ing that the same cause has brouglit about the same results in
both hcmisplieres ; and that in the midst of the apparent diver-
sity oi lunnan affairs, a certain nmnber of |)rimary lacts may be
disco\ere(l, from which all the others are derived. In what we
usually call the (icrman institutions, then, 1 am inclined only to
perceive barbarian habits ; and the opinions of savages, in what
we style il-udal princii)les.

However strongly the vices and prejudices of the North Ame-

^ Tlio rollowiii-r (Icscriplioii ocnirs in an ollicial dociimoiit. " Until a yoniig
man lias Ijceii (Mi!;,ii:t'(l witli an (MiiMny, and lias |)f' rConnod tionie ads of valor,
lie gains no roiisnliraiion, hnt is rcjiardod nearly as a woman. In llieir preat
war-dancos, all ilitr warriors in sncci!.>sion sU'ike tin' post, as it is called, and re-
count their exploits On these occasions ilieir auditory <'onsists of the kinsmen,
friends, and comrades of tiie narrator. The profonnd i«ipression which his di?-
coinsi! produces on liiem is manifested hy the silent attention it receives, and l)y
tlie loud shouts which hail its lerimnation. 'I'iie yoiini,' man who finds himself at
s^iich a meeting' wiliioii' anylliiiii: to recoinil.is very nnlniipy : and insiaiices have
sometimes occnred of yoiiiifi warriors, whose passions hati heen thus indamed,
quitliii;;tlie war-dance snddeiily, and fioinj; oil" alone to seek for lrophii!s which
they luig.u exhibit, uud advuiitiues which ihcy might be allowed to relate.''

il I

326

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rican Indians may be opposed to their becoming agricultural
and civilized, necessity sometimes obliges them to it. Several
of the Southern nations, and amongst others the Cherokees and
the Creeks,* were surrounded by Europeans, who had landed
on the shores of tlie Atlantic ; and who, either descending the
Ohio or proceeding up the Mississippi, arrived simultaneously
upon their borders. These tribes have not been driven from
place to place, like their Northern brethren ; but they have been
gradually inclosed within narrow limits, like the game within the
thicket before the huntsmen plunge into the interior. The In-
dians, who were thus placed between civilization and death,
found themselves obliged to live by ignominious labor like the
Whites. They took to agriculture, and, without entirely for-
saking their old habits or manners, sacrificed only as much as
was necessary to their existence.

'J'he Cherokees went further; they created a written lan-
guage ; established a permanent form of government; and as
everything proceeds rapidly in the New World, before they
had all of them clothes, they set up a nevvspaper.f

The growth of Eiu'opean habits has been remarkably accel-
erated among these Indians by the mixed race which has sprung
up.| Deriving intelligence from the father's side, without en-
tirely losing the savage customs of the mother, the half-blood
forms the natm-al link between civilization and barbarism.
Wherever this race has midciplied, the savage state has become
modified, and a great change has taken place in the manners
of the people. §

* Tl)ese iinlioiis an; now svval'owetl up in tlie States of fieorpin. Tpiinessee,
Alabama, and Mississippi. 'I'lieic were (oriiierly in the South four g^reat na-
tions, (reninaiits of winch still exist ) the Choetaws the Chikasaws, the Creeks,
and tlie Ciierokees. 'J'lie remnants of these four nations amounted in
lr;?0 to aiiont Tf), (KM) individuals It is computed that there are im)w remaining
in the territory oerupied or claimed hy the Anplo-American Ur)ion.iliout ;jLO,flllU
Indians. (See l'roceedin<rs of the 'ndian Board in the citv of New Yoik.) 'I'lie
nrtirial documents supplied to Con;rress make tli<! inimher amount to miMliO.
The reader who is curious to know tite names and iniuierical strength of all the
trihes which iMliai)it the An^do-.Americm territory, should considt the docunieiits
I refer to. ( l.eirislatise Documents, iiOth Congress, Mo. J 17, p. )— 10').)

t I brouijht hack with me to France one or two copies of tliis singular publica-
tion.

t ?ee in the Report of the Connnittee on Indian aifairs, 21st Congress, No.
227, p. 2:5 the rea-!(ins for the undtiplication of Indians of mixed hlood among
the Chen kecs. 'i"he principal cause dates from the \Var of Independence.
Many .Vn^.-lo-.Americans of (ieor^'ia, having taken the side of England, were
oblijied to retreat amoui; the Indians, where they married.

^ I'nliappily iIk? mixed lace has been le>is numerous and less influential in
North America than in any oilier country. The American continent was peojjled
by two ;.'reat nations of Kurope the French and the Eiifilisii. The former were
not slow iu connecting themselves with the daughters of the natives ; but there

327

The success of the Oherokces proves that the Indians are
capable of civilization, bin it does not prove that they will suc-
ceed in it. The dilliculty which the Indians find in submitting
to civilization proceeds from the influence of a general cause,
which it is almost impossible for them to escape. An attentive
survey of history demonstrates that, in general, barbarous na-
tions have raised themselves to civilization l)y degrees, and by
tlieir own eii'orts. Whenever they derived knowledge from a
foreign people they stood towards it in the relation of conquer-
ors, and not of a conquered nation. When the conquered
nation is enlightened, and the conquerors are half savage, as in
the case of the invasion of Rome by the northern nations or
that of China by the Moguls, the power which victory bestows
upon the barbarian is sutiicient to keep up his impivrtance among
civilized men, and permit him to rank as their equal, until he
becomes their rival : the one has might on his siile, the other
has intelligence ; the former admires the knowledge and the
arts of the conquered, the latter envies the power of the con-
querors. Tiie i)arbarians at length admit civilized man into
their palaces, and he in turn open his schools to the barbarians.
But when the side on which the physical force lies, also pos-
sesses an intellectual preponderance, the conquered party sel-
dom becomes civilized ; it retreats, or is destroyed. It may
therefore be said, in a general way, that savages go forth in
arms to seek knowledge, but that they do not receive it when
it comes to them.

If the Indian tribes which now inhabit the heart of the con-
tinent could summon up energy enough to attempt to civilize
themselves, they might j)ossibly succeed. Superior already to
the barbarous nations which surround them, they would gradu-

was an unrortiuifite affinity between tlie Indian character and their ovvn : instead
of giving the tastes and hahits ofcivilized hie to the 8;iva<:es, the rreiieli too ol'ien
grew passionately fond of Ihe state of wild freedom tliey foiinri them in. 'I'hey
became the most dangerons of tiie inhahifints of the desert, and won the friend-
ship of the Indian by exaggerating his vices and his virtnes. M. de Senonvilie,
the Governor of Canada, wrote thus to Loms XIV. in KW,"): " It has lonjr been
believed that in order to civilize the savages we ought to draw them nearer to iis,
but there is every reason to suppose we have been mistaken. 'I'liose whicli have
been brought into contact with (is have not become Krennii. and ihe rri'iich who
have lived anixng them are chiinged info sava;;es, atVecting to live and dress hke
them." (Misiory of New France, by Charlevoix vol ii. p. ;i45.) Tiio Knglisli-
man on the contrary, continning cbstiiiafeiy attached to tiie cnstoms ami tiie most
insignificant habit.s of hi.s forefatlu rs, has remained in tlie mid.-it of ihe .American
solitudes just what he was in the bosom of I'lirope.in cities; he would not allow
of any cnnnnnnication with savages wh(Mn he disjtised, and avoided with care the
union of liis race with theirs. Thus, while the Freeich exercised no salutary in-
fluence over the Indians, the English have always remained alien from them.

32a

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ally f^aiti strciig'tli and experience ; and when the Knropcans
should appcjir upon their borders, lliey would be in a slate, if
not to maintain their independence, at least lo assert their ri^lit
to the soil, and to incorp«»rate iheniselves with the eon{|ii( rors.
But it is the misCorlune ot Indians to be brought into contact
witii a civili/.ed people, which is also (it i.iay be owned) the
most avaricious nation on the g'lohe, whilst they are still semi-
barbarian : to find despots in their instructors, and to receive
knowledufe from the hand of oppression. Living; iii the free-
dom of the woods, the \orth iVmerican Indian was destitute,
but he had no feeliuj^ of inferiority tovvartis any one ; as soon,
liowever, as he desires to penetrate into the social scale of the
AV'hites, he takes the lowest raidi in society, for he enters igno-
rant 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 to a wearisome, obscure, and degraded state ; and to
gain the bread which nourishes bin) by hard and ignoble la-
bor ; such are in his eyes the only results of which civili'Aatioii
can boast : and even this much he is not sure to obtain.

When the Indians undertake to imitate their Kurojx'an neigh-
bors, and to till the earth like the settlers, the\ v iinmediutelv
exposed to a very formidable comjietition. 'J'lie w bite man is
skilled in the cralt of agriculture ; the Indian is a rough begin-
ner in an art w itii which he is unac(|uainted. '.riie former reaj);;

* There is in tlie adventurous lifo of the Imiitcr a certain iMcsi-itlMc rlinnii
wliicli seizes the ueart of man, ami carries him away in spite of rt'ason and expe-
rience. Tiiis is plainly shown hy the Memoirs of Tanner, 'i'annrr is a lano-
pean who was carried away at the age of six by the Indians, and has iciiiaincd
thirty years with them in the woods, .\otiiing can i)e conceived more a|»paliM;;
than the miseries which he (lescrihes. He tells tis of lrii)es witimnt a chief (ii-
niilies without a nation to call their own, men in a state of i-iolation, wrecks (if
powerful tril)es wandering at random amid the i>;e and rtiow and desolate soli-
tudes of Canada. Hunger and cold pursue them; e\ery ilay tht-ir life is ii;
jeopardy. Amon<;st these nnMi, maimers have lost t.heir empire, traditions arr
without jjower. They hecome more and more savage, 'i'antnjr >l:.ircd in nil
these miseries ; lie w as aware of his European origin ; he was not kept away from
tilt! Whites hy force; on the contrary, he came every year lo trade with tliciii,
ejitered their dwellings, and witnessed their enjoyments ; he knew that whenever
he chose to return to civil zed lile, he was perfectly ahle to do so, — and ho
remained thirty years in the deserts. When he came into civilized society, he de-
clared that tiie rude existence which he described, had a secret charm for hiiii
which he was unable to define : he returned to it agaiti and again : at length he
abandoned it wih poignant regret; and when he was at length lived among the
Whites, several r.f his children refused to share his trincpiil and ea.sy situation. 1
saw 'I'anner myself at the lower end of Lake Superior: lie seemed lo nie lo he
more like ii .savage than a civiliijed being. His book is written without either
taste or order; but he gives, even unconsciously, a lively picture of llie prejuJices
the passions, the vices, and, above all, of the destitution iu which he Uved.

329

abundant crops without (Ufficulty, tlio lattrr meets with a thou-
sand obstacles in raisioii; the fruits of the earth.

The European is placed amongst a population whose wants
he knows and partakes. The savaf^e is isolated in the midst of
a hostile peopli*, with whose maimers, lanu;uap,(», and laws lie is
Imperfectly acquainted, but without whose assistance he cannot
live. He can only procun* the materials of comfort by barter-
iiiiX his commodities au;ainst the i:,oods of tlu' iMiropean, for the
assistance of his countrymen is wholly insuflicient to supply his
wants. When the Indian wl lies to sell die jiroduce of his labor,
lie cannot always meet with a pnrchaser, whilst the Kiiropcaii
readily finds a market ; and the former can only produce at a
coiisiderabh^ cost, that which the latter vends at a very low rate.
'J'lius the Indian has no sooner escaped those evils to which bar-
barous nations ii,re exposed, than he is subjected to the still
ui^rcater miseries of civili/eil communities ; and he (iiids it scarcely
less dilliciilt to live in the midst of our abundance, than in the
depth of his own wilderness.

He has not yet lost the habits of his erratic life ; the traditions
of his fathers mikI his passion i'or the cliasi' are still alive within
him. The wild enjoyments which formerly animated him in the
woods painfull V excite his troubled imagination ; and his former
|)rivations appear to be less keen, his fonner perils less ajipalliiij^.
He contrasts the iii(le|)endence which he possessed amonjist his
equals with tlu,' servile position uliich he occupies in ci\ili7,e(l
society. On the other liand, the solitudes which were so long
his free home are still at hand ; a few hours' march will bring
iiim back to them once more. The Whites oiler him a sum,
which seems to him to be considerable, for the ground which he
has begun to clear. This money of the Kurojjcans may possi-
bly lin-nisli him with the means of a liapj)y and i)eacefiil subsist-
once in renu)ter regions ; and he cpiits th(^ plough, resumes his
native arms, and returns to the wilderness for ever.* The con-

* The destnictivo intliionce of liisfhly civilized niitioiiH upon otiicrs wliicli are
less so, has htt-'ii oxeinpliticd by tlu; ljiropi>aiis tiieinselves. About a century
ago the Freiif.h fomided tlic town of Viiici'iiiics upon tiic W'abasli, in the middle
of the desert ; and they lived tliere in great plenty, until the arrival of the Anic-
riciui settlers, who first ruined the previous inhabitants by their competition, and
afterwards purchased their lands at a very low rate. At the time when M. de
V'ohiey, from wiioin I borrow these d<tads, passed through Vincennes the num-
ber of the French was retluced ti) a imndred individuals, most of whom were
about to piiss over to Louisiaim or to Canada. These rrencli settlers were
worthy people, but idle and uniustructed : they hiid conlracted many of the hab-
its of s ivages. Tiie Auiericans, who were perhaps their iid'enors in a moral
point of view, were immeasurably superior to theui in intelligence : they were

I, I

tri
t

(it^

ril

330

dition of tho CiToks and Clicrokors, to wliicli I have alrrady
alliidorl, siifliciontly corroborates tlie truth of tliis dcplorahlp

picture.

The Tndiaus, in tlio little which thoy have done, have iinqnes-
tioiiahly displayed as nuieh natural ju;enius as the peoples of Ku-
r()[)e ill their most iiiiporta.it desiijfiis ; but nations as well as inon
re()iiire time to learn, whatever may be their intelligence and
their zeal. Whilst the savau;es were cnf?au;ed in the work of
civilization, the Euro|)eans continued to surround them on every
side, and to conline them w ithin narrower limits ; the two races
gradually met, and they are now in immediate Juxta-positioii to
each other. The Indian is alresidy sujarior to his barbarous
parent, but he is still very I'ar below his white neii-hbor. With
their resources and ac(|uire(l knowlediic, the Europeans sociii
ap|)r(^priated to themselves most of the a(lvaiitafj;es which the
natives minht have deriM'd iVoin the possession of the soil : they
liave settled in the country, they have purchased land at a very
low rate or have occiipie(l it by force, and the Indians have been
ruined by a competition which they had not the means of resist-
ing. They were isolated in their own country, and their race
only constituted a colony of troublesome aliens in the midst of a
numerous and domineering people.*

industrious, well-infonnecl, rich, nnd accnstomecl to govern their own comniu-

I myself s;uv in Canadn, where tlic intellectiuil (litlerence l)etvvet'n the two
races is less .stiiking, tiiut the I'njfhsh are tlie masters of coinnierce and mannfiic-
tnre in the ("anadian country, tiiat they spread on all sides, and confine the
French within Innits whicli scarcely snthce to contain tlicm. In hhc manner, in
Louisiana, ahnost all activity in coaiuicrcc and manufacture centres in the handa
of the Anglo-Americans.

15nt the case of Texas is still more striking: the State of Te:?as is a part of
Mexico, and lies u])on the frontier l)etween tiiat country and the I'nited Stales.
In the course of the last few years the Anglo-Americans have penetrated into
this i)rovince, which is still thinly peopled : they jjurchase laud, they produce the
commodities of the country, and supplant the original population. It may easily
be foreseen that if Mexico fikes no stejjs to check this change, the province of
Texas will very shortly cease to belong to that (jlovernmcnt.

If the ditforent degrees — comparatively so slight — which exist in European civi-
lization produce results of such magnitude, the consecpiences which nmst ensue
from the collision of the most perfect t',uropean civilization with Indian savages
may readily be conct^ived.

* See in the Legislative Documents (21st Congress, No. 89,) instances of ex-
cesses of every kind committed by the Whites npon the territory of the Indians,
either in taking possession of a part of their lands, until compelled to retire by the
troops of Congress, or carrying off their caUle, burning their houses, cutting
down their corn, and doing violence to their persons.

It appears, nevertheless, from all these documents that the claims of the natives
are constantly protected by the Government from the abuse of force. The Union
has a representative agent continually employed to reside among the Indians ;
and the report of the Cherokee agent, which is among the documents I have re-

r own coniniu-

331

Washinp'ton said in ono of lils mrssnfrp<? to Conprpss, " Wc
•,\rv more niliplitnicd and powtTl'Ml tliiin tlir Indian nations, we
nrr therefore !)ouiid in honor to treat them with kiixhiess and
even with jfenerosity." lint this virtuous and hii^h-niindod po-
lit'V has not been followed. Tiie rapiuity of the settlers is
usually hacked by the tyranny of the (lovernnient. Although
the C'herokees and the Creeks are estahlished upon the territory
which they inhabited belbre the settlenjent «)f tin- I'iUropeans,
and althoufjh the Americans have lre(|uently treated with theni
as with foreign nations, the surroundinu; States have not con-
sented to acknowledfj^e them as iiulependent |)eo|)les, and at-
tempts have been made to suliject these children of the woods to
Anylo-American maL!:istrat«'s, laws, and customs.* Destitution
had driven these unfortimate Indians to civilization, and oppres-
sion now drives them back to their former condition ; niany (A'

1 beu:un to clear, and return

to tl

leu" savai>e course o

f life.

they

If we c»»nsi(ler the tyrannical measures which have been adopt-
ed by the leiiislatures of the Southern States, the conduct of their
Governors, and the decrees of their courts of justici', we shall
be convinced that the entire i \pulsion ol'the Indians is tlu> linal
result to which the eOorts of their policy are directed. The
Americans of that part of the Inion look with jeaUaisy upon
the al)oriu'ines,f they are awan; that these tribes have not yet
lost tlu' traditions of savaiic lili*, and before civilization has j)er-
rnanently fixed them to the soil, it is intended to force them to
recede by redm^in^ them to despair. 'IMie Creeks and Chero-

fiirrt'd to, is almost always favorahlo to tlic Indians. " Tlio intrusion ofWliites,"
lit'si\>i. " upon till' lands of tlie Cherokee would cause ruin to tiie poor, lielp-
K'ssaiid inolVciisivc inliaMtanis." And lie turtlier remarks npon tli(> altoinpt of
tiie Slate of (ieor;;ia to esialilisli a division line for tlie pnrpose of limiting tlia
bi)ini(iaries of tlie (Jlierokees, that the line drawn liavMig been made liy the
Whites, and entirely upon rr pnrti' evidence of tlieir several rights, was of no
validity whatever.

' In l."<i!t theState of Alabama <livided the Creek territory into comities, and
suhjertcd llie Indian popniationto the power of Kiiropean magistrates.

hi 1*50 the State of Mississippi assimilated the Ch(uta\Ts and Chickasaws to
tiie white population, and declared that anv of them that siumld take the title of
eiiiet would he punished by a tine of KMH) dollars anil a year's imprisonment.
When these laws were enforced upon the (Mioctaws who inhabited that district,
the tribe assembled, their chief coiniiiuiiicated to them the intentions of the
Wiiites, and rend to them some of the laws to which it was intended that tliey
slioiiid submit ; and they uiiaiiiinou-ily declared that it was better at once to re-
treat a<iain into the wilds.

t The (ie(Mi.'ians, who are so much annoyed by the proximity of the Indians,
inhabit a territory which does not at present contain more than seven iiihabitaut.s
to die scpiare mile In France tliero are one hundred and sixty-two inhabitants
to the same extent of country.

'^■:' i^

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tiT'

kees, oppressed by the several States, have appealed to the cen-
tral Government, which is by no means insensible to their mis-
fortunes, and is sincerely desirous of savinc;' the remnant of the
natives, nud of maintaining? them in the free possession of tlmt
territory, whicli the Union is pledged to respect.* But the sev-
eral vStates oppose so formidable a resistance to the execution
oi this dcsii^'i, that the Government is obliged to consent to the
extirpation of a few barbarous tribes in order not to endanger
the safety oi' tiie A'nerican Union.

T3ut the Federal Government, which is not able to protect tlie
Indians, would fain mitigate the hardsiiipsof their lot ; and, with
this intention, proposals have been made to transport them into
more remote regions at tlie pid)lic cost.

Between the 33d and o7th degrees of north latitude, a vast
tract of country lies, which has taken the iianie of Arkansas,
from the principal river that waters its extent. It is bounded
on the one side by the confmes of Mexico, on the other by the
Mississip))i. jNumbcrless streams cross it in every direction ,*
the climate is mild, and the soil ])roductive, but it is only inhab-
ited by a few wandering hordes of savages. The Govermnent
of tlie Union wishes to transport the broken renmants of the in-
digenous jjopulation of the t^outh, to the portion oi'tliis eountry
which is nearest to Mexico, and at a great distance from the
American settlements.

We were tissured, towards the end of the year 1831, that
lOjOl.'l) Indians had ah-eady i^oue down to the shores of the
Arkansas; aufl ti-i-sli detachments were constantlv follow iiii;
them; hut '^'ongress has been unable to excite a luianimous dc-
terinination in those whom it is disposed to protect. Some, in-
deed, are willing to (jiiit the seat <»(' ojipit ssion, hut the in(i>t
enligiitened memhi is ol the community refuse to abandon tlitjr
recent (hvcllings aiul their s})riiiging crops ; they arc of opinion
that the uork of ci\ ili/.ation, once iuterrn|)te(l, will never be re-
sumed ; they tl'ar tU;H those domestic habits vvliich lia\e been so
recentl\ contrai led, may be irrecoveral)I\ lo«t in the midst of ;i
country which i» *till barl/i/rous, and where nothing 1^ prepiind
for the siibsistence of an agricultmal ])eople ; they know diat
their entrance in'o those wilds will be ojjposed by inimical hordes,
and that they have lost the energy of barbarians, without accjnir-

* In I'l- ('iin^^i'p-:.* ,i|)])(iiiitcii ('iiiiimis'idiioiN to visit the Aik;iii-<;is terrilory,
^fT()mi):mit'(i hy n rlcpiitatioii dl' C'lftks, ( 'lidctawH, ami Cliiclvasiiws. 'i'liis f\-
jicditidii was ((iiiiiiiaiKlLMl h} Mesis'is Kcniicrly. IVJ'C'oy, V\'ai-li Hood, and .lolni
Bell. S''t! the ditlbrent Reports of the Coiiuiiis^iioners, and tlieir joiu'ual iu tho
Docianeuts of Congress, IS'o. Ci7, House tf Kepreseiitatives.

333

ing the resourcps of civilization to resist their attacks. More-
over, the Indians readily discover that the settlement which is
proposed to thoni Is merely a temporary expedient. Who can
assure them that ihoy will at length be allowed to dwell in peace
in their new retreat ? The United States pledge themselves to
the observance of the obligation ; but the territory which they
;it present occupy was formerly secured to them by the most
solemn oaths of Anglo-American faith.* The American Gov-
ernment does not indeed rob them of their lands, but it allows
perpetual incursions to be made on them. In a few years the
same white population w hich now flocks around them, will track
them to the solitudes of the Arkansas ; they will then be exposed
to the same evils without the same remedies ; and as the limits of
tlie earth will at last fail them, their only refuge is the grave.

The Lnion treats the Indians with less cupidity and ngor than
the p()li(-y of the several States, but the two Ciovcniiiients are
alike destitute of good faith. The States extend what they are
pleased to term the benelits of their laws to the Indians, with
a belief that the tribes will recede radier tluin submit ; and the
central ( Jovcrnmciit, whi<h promises a permanent refuge to
these unhappy beings, is well aware of its inability to secure it
to them.f

Thus the tyranny of the States obliges the savages to retire,
the liiiion, by lis j)roinises and resources, facilitates their retreat ;

* Till! fil'lli aitii'le of the iroaty made with the Creeks in August, 1790, is in the
following words: " The rnittMi Statps soleiniy j^uaranlee to tiie Creek nation,
ail their hind within tiu! limits of the I'nitfd States."

Tlie seventh article (if the treaty coiichidud in 17'JI with llie C'iierokees says :
"The United Slates solenuiiy guarantee to the Cherokee nation all their lands not
lierehv eeded." Tlie following artiile deeiared that if any ritizon of the Tinted
t^tates or other settler not of the Indian raci;, should estahlish liiiuself u|)(in the
territory of the Cherokoes, the United .'tates would withdraw their proteiii<ui
from that individual, and give liiiu up to be punished as the Clierokee nation
sliiiuld think tit.

t This does not prevent llieiu from promising in the most soleniii manner to
ilo so. See the letter of the I'resident addres.^ed to the Creek Indians, 'j:!d March,
\>*'i'.). (' I'roceedings of the Indian lioard, in the ( ity of NewVork,' p. a.)
" Ueyond the great river ISUississippi, where a part of your nati(Ui lias gone, your
liitheV has |irovided a country large ei.oiigh tiir all of you, and he advises you to
remove to It. There your while iirothers will not trouhle you ; they will have
no claim to the land, and voii can live ii[ion it, you and all your children, as long
;is the grass grows or the w ater runs, in [leiiee and plenty, Jl uill be yours
Jur rrrr."

The Secretary of War, in a letter written to the Cherokees, April 18th, IH'29,
(see the same work, ])age ti,) declares to them that they cannot expect to retain
posse-'sion of the lands, at that time occupied hy them, hut gives them the nios'.
positive as.siirance of uninterrupted oeace if they would remove beyond the iMis-
sissippi: as if the power which could not grant llieiu protection then, would bo
able to ailbrd it them hereafter !

334

IMI!'

»%m.

and these measures tend to precisely the same end.* " By the
will of our Father in Heaven, the Governor of the whole world,"
said the Chorokees in their petition to Congress,! " the red man
of America has become small, and the white man great and re-
nowned. When the ancestors of the people of these United
States first came to the shores of America, they found the red
man strong : tiiough he was ignorant and savage, yet he received
them kindly, and gave them dry land to rest their weary feet.
They met in peace, and shook hands in token of friendship.
Whatever tke white man wanted and asked of the Indian, the
lariSer wLHinirly gave. At that time the Indian was the lord, and
the white man the supp'.ant. But now the scene has changed.
The strength of the red man has become weakness. As his
neighbors increased in numbers, his power became less and less,
and now, of the many and powerful tribes who once covered
these United States, only a i^sv are to be seen — a few whom a
sweeping pestilence had left. The northern tribes, who were
once so numerous and powerful, are now nearly extinct. Thus
it has hajipened to the red man of America. Shall we, who are
remnants, share the same fate ?

" The laud on which we stand we have received as an inher-
itance from our fathers, who possessed it from time immemorial,
as a gift from our common Father in Heaven. They bequeathed
it to us as their ch-ldien, and we have sacredly kept it, as con-
taining the remains ei* onr beloved men. This rinlii. of inher-
itance we have never ceded, nor ever forfeited. Permit us to
ask what l)etter rii>ht can the ))eopIe have to a country than the
righl ol' inheritance and innnemorial peaceable possession ? \Ve
know it is said of late by the State of Georgia and by the Ex-
ecutive of the United States, that we have forfeited this right ;
but we think this is said gratnitonsly. At what time have wo
made the forfeit '". A\ hut great crime have w(^ conunitted, where-
by we must forever be divested of our country and rly-hts t Was
it wuen we were hostile to tiie United States, and took part with
the King of Great Britain, during the struggle for independ-
ence? If so, why was not this forfeiture declared in the first

* To obtain a rorrpct idea oftlie jiolic y imisiu'd liy tlip several States and tlie
Union with res|)fit to fli(! Indian-i. it i:< uecL'ssiiry to consult, 1st, ' Tlif laws ot'
the Colonial and J"tate Cioveinuit'iits relatini; to the [ndian iidial)itants,' fSeo tiio
Legislatisi; IJonuncnts, -Jlst Congress, No. I'l!).) "id, ' 'I'lie Lavvsortlic Union on
the siuni' suliieet, and especially that of March !{()th, 1~()J,' (Sec Htory's Laws of
the I'lntfd .States. j 'M, ' The Report of Mr. Cass, tietrctary of War, relative to
Indian allairs, November ::iUth, l&;i3.

t December Idth, It'l^d.

335

" By the
e world,"
2 red man
It and re-
se United
id the red
le received
veary feet,
friendship,
ndian, the
i lord, and

changed.
;. As his
s and less,
ce covered
iw whom a

who were
ict. Thus
/e, who are

as an inher-
inmcmorial,
bequeathed
it, as con-
iil of inher-
eruiit us to
trv tiian the
ion ? AN e
by tiie Kx-
this riiilit ;
le have wo
tti'd, where-
hts? Wiis
i)k part with
independ-
ni the fu'st

States and tliR
t, ' Tlic laws (it"
iMiits,' (Set! the
ihc Inioii (III
Storv's l,;isvs of
kVar', relative to

treaty of peace between the United States and our beloved men .'*
Why was not such an article as the followinp^ inserted in the
treaty : ' The United States give peace to the Cherokees, but
for the peirt they took in the last war, declare them to be but
tenants at will, to be removed when the convenience of the
States, within whose chartered Hmits they live, shall require it.^'
That was the proper time to assume such a possession. But it
was not thought of, nor would our forefathers liave agreed to
an}' treaty, whose tendency was to deprive them of their rights
and their country."

Such is the language of the Indians : their assertions are true,*
their forebodings inevitable. From whichever side we consider
the destinies of the aborigines of North America, their calamities
appear to be irremediable : if they continue barbarous, they are
forced to retire ; if they attempt to civilize their manners, the
contact of a more civilized community subjects them to oppres-
sion and destitution. 'J'hey perish if they contimic to wiindcr
from wast(^ to waste, and if they tittempt to settle, they still must
perish ; the assistance of Europeans is necessary to instruct them,
htit the approach of Europeans corrupts and repels them into
savage life ; they refuse to change their habits as long as their
solitudes are their own, and it is too late to change them when
tiiey are constrained to submit.

The Spaniards piu'sued the Indians with blood-iioimds, like
wild beasts ; they sacked the New W orUl with no more temper
or compassion than .i city taken by storm : but destruction must
cease, ;uid frenzy be stayed ; the remnant of the Indian popu-
lation, which had escaj)ed the massacre, mixed with its conquer-
ors, and a(l()|)te(l in the end their religion and their manners.*
Tlie t'onduct of the Americans of the (niied States towards the
aborigines is charcterized, on the other hand, by a singular at-
tachment to the formalities of law. Provided that the Indians
retain their barbarous condition, the Americans take no part in
their affiiirs ; they treat them as independent ntitions, and do not
possess themselves of their himtinu-grounds without a treaty of
])tirchase : and if an linlian ,iatioii happens to be so encroached
upon as to be unabk' to subsist upon its territory, they adbrd it
brotherly assistance in transporting it to a grave sutKciently re-
mote from the land of its fathers.

* The honor of this rcsiilt is, however, by no means duo to the Spaniards. If
tlie Indian trilu!s had not been tillers of the ground at the time of the arrival of the
Europeans, they would umiuestionably have been destroyed in South as well as
lu^iorth America.

Ill

S36

The Spaniards were unable to exterminate the Indian race by
those unparalleled atrocities which brand them with indelible
shame, nor did they even succeed in wholly depriving it of its
ria:hts; but the Americans of the United States have accomplished
this twofold purpose with singular felicity ; tranquilly, legally,
philanthropically, without shedding blood, and without violating
a single great principle of morality in the eyes of the world.* It
is impossible to destroy men with more respect for the laws of
Immanity.

^■!. :

■«ri. *

••••
111'
I*'
I

»r ■

.■m

SITUATION OF THE BLACK POPL'LATIOX IN THE UNITED STATES,
AND DANGERS WITH WHICH ITS PllESENCE THREATENS THE
WHITES.

Why it is more difficult to abolish slavery, and to eflncc all vestipos of it aiiiongst
the moderns, tiiiui it was ainoiigst the ancients. — In liie Uiiitod States the pre-
judices o(" tlic Whites ajrainst the ISiacks seem to increase in ]»ro|»ortion a.s
shuery is aholished. — Situation of the IS'esrroes in tiie iiortliern and soutiieni
states. — Why tin; Aineri("ins aholisii slavery. — Servitude, which dei)ases \\w
slave, impoverishes the master. — Contrast between the left and the right hankdt"
the Ohio. — To what atlrihutahle. — The hiack race as well as slavery, rc'ccdus
towards the South. — K.\planatu)n of this fact. — IJiiliculties attendant upon the
ahoiition of slavery in tlie South. — Danirers to come. — (ieneral anxiety —
Foundation of a hIack colony in Africa. — Why the Americans ol" the Soulli
increa.se tlie hardships of slavery, whilst they are distressed at its continuance.

The Indians will pt>risli in the same isolated condition in wliicli
they have hved ; but the destiny of the Negroes is in some meas-
ure interwoven with that of the Europeans. These two races
are attached to each other without iuv. rniingrmg ; and they iiic
alike unable entirely to separate or to comhine. The most lor-

* See, amongst other documents, the Report made by 'S\r. Bell in the name of
the Committee on Indian Alfairs. Feb. VJ4th, l^iiO, in which is most logically 'jstiib-
lished and most learnedly proved, that "the fundamental principle, that ll e In-
dians had no right by virtue of their ancient j)osses.sioti either of will or suvceigii-
ty, h.n never Ikmmi abandoned either expressly or by imj)licaiion."

In periisitig this Hcport, which is evidently drawn up by an expcrieiiccil hiiid,
one is astonished at the fieility with which the author gei-i nd of all argump|il<
founded upon reason and natural right, which he dcsiguaus as abstract auti H to-
reiical principles. The nmre I coulemplate the dillerence between i ivilizcdaiid
uncivilized man with regard to the principles of jtinlice, (he more I ohneive that
the former contests the juatiee of tltusu rights, which the latter simply viulatcs.

837

midable of ull the ills which threaten the future existence of the
Union, arises from the presence of a black population upon its
territory ; and in contemplating the causes of the present em-
barrassments or of the future dangers of the United States, the
observer is invariably led to consider this as a ])rimary fact.

The permanent evils to which mankind "^ subjected are usu-
ally produced by the vehement or the increasing efforts of men ;
but there is one calamity which penetrated furtively into the
world, and which was at first scarcely distinguishable amidst the
ordinary abuses of power : it originated with an individual whose
name history has not pr. served ; it was wafted like some accursed
germ upon a portion of the soil, but it afterwards nurtured itself,
grew without effort, and spreads naturally with the society to
which it belongs. I need scarcely add that this calamity is sla-
very. Christianity suppressed slavery, but the Christians of the
sixteenth century re-established it, — as an exception, indeed, to
tlicir social system, and restricted to one of the races of man-
kind ; but the wound thus inflicted upon humanity, though less
extensive, was at the same time rendered fur more diflicult of
cure.

It is important to make an accurate distinction between slavery
itself, and its consequences. The immediate evils which are
produced by slavery were very nearly the same in antitiuity as
dicy are amongst tlu^ moderns ; but the consequences of these
evils were diflerent. The slave, amongst the ancients, btlonged
to the same race as his mister, and he was (^ften the superior of
the two in education* and instruction. Fnvdoni was the only
distinction between them ; anil when freedom was conferred,
they were easily confouiuled togetlur. The atu-ie-us, tlun, had
a very simple means of avoiding ^laverv an(' its evil consequen-
ces, which was that of afrranchiseuiout ; ai-d they suivtHnU'd as
soon PS they adopted thi n.easure generally. Not bui, in an-
cient States, the vestici ^ ol servitude suhsNtetl, lor some time
after servitude itself was ai4)lished. Tbvve is ii natural preju-
dice which prompts men to c^^^spise whomsoever has been tlieir
inferior long after he i> become their equal ; autl the real ineqiial-
ity which is produced by fmltuie or hv law, is always succeeded
hv an imaghuir 'ne(|uality which is imi)lanted in the manners
of the people. N(!vertheiess, this secondary consequence of

* It is wp" known th-.t several of tlie most distiiisuislied autliors of antiquity,
and amoi!" tthnni /Eso|) and Torenco, were or hail been slaves. Slaves were
not alwavsiaken from barbarous nations, and the chances of war reduced highly
civilized iiien to servitude.

338

:i
i

I*'
I

I"'

til-

slavery was limited to a certain term amongst the ancients ; for
the freed man bore so entire a resemblance to those born free,
that it soon became impossible to distinguish him from amongst
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 obstacles begin whero
those of the ancients left off. This arises from the circumstance
that, amongst the moderns, the abstract and transient fact of
slavery is fatally united to the physical and permanent fact of
color. The tradition of slavery dishonors the race, and the
peculiarity of the race perpetuates the tradition of slavery. No
African has ever voluntarily emigrated to the shores of the New
World ; whence it must be inferred, that all the blacks who are
now to be found in that hemisphere are either slaves or freed-
men. Thus the negro transmits the eternal mark of his igno-
miny to all his descendants ; and although the law may abolish
slavery, God alone can obliterate the traces of its existence.

The modern slave diflers from his master not only in his con-
dition, but in his origin. You may set the negro free, but you
cannot make him otherwise than an alien to the European. Nor
is this all ; we scarcely acknowledge the common features of
mankind in this child of debasement whom slavery has brought
amongst us. His physiognomy is to our eyes hideous, his un-
derstanding weak, his tastes low ; and we are almost inclined to
look upon him as a being intermediate between man and the
brutes.* The moderns, then, after they have abolished slavery,
have three prejudices to contend against, which are less easy to
attack, and far less easy to conquer, than the mere fact of servi-
tude : the prejudice of the master, the prejudice of the race, and
the prejudice of cololl^

It is difficult for us, who have had the good fortune to be
born amongst men like ourselves by nature, and equal to our-
selves by law, to conceive the irreconcileable di/Iercnces which
separate the negro from the European in America. But wc
may derive some faint notion of them from analogy. Frarue
was formerly a country in whicli numerous distinctions of rank
existed, that had been created by the legislation. Nothing can
be more fictitious than a purely legal inferiority ; nothing more
contrary to the instinct of mankind than these permanent divi-

* To induce the whites to ahnndon the opinion they have conceived of tiic
moral and intellertunl inferiority of their frnier slaves, tlie negroei luuut change;
but as long as tliis opinion subsists, to change is impossible.

S39

manners ;

sions wliich had been established between beings evidently simi-
lar. Nevertlieless these divisions subsisted for ages ; they still
subsist in many places; and on all sides they have left imaginary
vestiges, which time alone can efface. If it be so difficult to
root out an inequality which solely originates in the law, how
are those distinctions to be destroyed which seem to be based
upon the immutable laws of Nature herself? When I remem-
ber the extreme difficulty with which aristocratic bodies, of what-
ever nature they may be, are commingled with the mass of the
people ; and the exceeding care which they take to preserve the
ideal boundaries of their caste inviolate, I despair of seeing an
aristocracy disappear which is founded upon visible and indeli-
ble signs. Those who hope that the Europeans will ever mix
with the negroes, appear to me to delude themselves ; and I am
not led to any such conclusion by my own reason, or by the
evidence of facts.

Hitherto, wherever the whites have been the most powerful,
they have maintained the blacks in a subordinate or a servile
position ; wherever the negroes have been strongest, they have
destroyed the whites ; such has been the only retribution 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 tending to fall away, but not that which exists in the
manners of the country ; slavery recedes, but the prejudice to
which it has given birth remains stationary. Whosoever has
inhabited the I'nited States nuist have perceived, that in those
parts of the Union in which the negroes are no longer slaves,
they have in nowise drawn nearer to tiie whites. On the con-
trary, the prejudiie of the race appears to be stronger in the
States which have abolished slavery, than in those where it still
exists ; and nowhere is it so intolerant as in those States where
servitude has never been known.

It is true, that in the North of the Union, marriages may be
legally contracted between negroes and whites, but public opinion
would stigmatize a man who should connect himself with a ne-
gress as infamous, and it would be dillicult to meet with a single
instance of such a union. The electoral franchise has been con-
ferred upon the negroes in almost all the States in which slavery
has been aholished ; but if they come forward to vote, their lives
are in dang( r. If oppressed, they may bring an action at law,
but they will find none hut whites amongst their judges; and
although they may legally serve as jurors, prejudice repulses

l-^

S40

»^i

p!;,;»

HLi

IIP ,

I*'
t

them from that office. The same schools do not receive the
child of the black and of the European. In the theatres, gold
cannot procure a seat for the servile race beside their former
masters ; in the hospitals they lie apart ; and although they are
allowed to invoke the same Divinity as the whites, it must be at
a different altar, and in their own churches with their own
clergy. The gates of Heaven are not closed against these un-
happy beings ; but their inferiority is continued to the very con-
fines of the other world ; when the negro is defunct, his bones
are cast aside, and the distinction of condition prevails even in
the equality of death. The negro is free, but he can share
neither the rights, nor the pleasures, nor the labor, nor the atllic-
tions, nor the tomb of him whose equal he has been declared to
be ; and he cannot meet him upon fair terms in life or in death.

In the i^outh, where slavery still exists, the negroes are less
carefully kept apart ; they sometimes share the labor and the re-
creations of the whites ; the whites consent to intermix with them
to a certain extent, and although the legislation treats them more
harshly, the habits of the people are more tolerant and compas-
sionate. In the South the master is not afraid to raise his slave
to his own standing, because he knows that he can in a moment
reduce him to the dust, at pleasure. In the North the white no
longer distinctly perceives the barrier which &e|)!;rates him from
the degraded race, and he shuns the negro with the more perti-
nacity, since he fears lest tliey should some day be confounded
together.

Amongst the Americans of the South, Nature sometimes re-as-
serts her rights, and restores a transient equality between the
blacks and the whites ; but in the North, pride restrains the most
imperious of human passions. The American of the Northern
States would perhaps allow the negress to share his licentious
pleasures, if the laws of his country did not declare that she may
aspire to be the legitimate partner of his bed ; but he recoils with
horror from her who might liecome his wife.

Thus it is, in the United States, that the prejudice which re-
pels the negroes seems to increase in proportion as they are eman-
cipated, and inequality is sanctioned by the nianners whilst it is
effaced from the laws of the country. But if die relative posi-
tion of the two races which inhabit the United States is such as
I have described, it may be asked why the Americans have
abolished slavery in the North of the Union, why they maintain
it in the South, and why they aggravate its hardships there ?
The answer is easily given. It is not for the good of the negroes,

ft-! I

S41

but for that of the whites, that measures are taken to abolish
slavery in the United States.

The first negroes were imported into Virginia about the year
1G21.* In America, therefore, as well as in the rest of the
globe, slavery originated in the South. Thence it spread from
one settlement to another ; but the number of slaves diminished
towards the Northern States, and the negro population was al-
ways very limited in New England. f

A century had scarcely elapsed since the foundation of the
colonies, when the attention of the planters was struck by the
extraordinary fact, that the provinces which were comparatively
destitute of slaves, increased in population, in wealth, and in
prosperity more rapidly than those which contained the great-
est number of negroes. In the former, however, the inhabi-
tants were obliged to cultivate the soil themselves, or by hired
labm-ers ; in the latter they were furnished with hands for w hich
they paid no wages ; yet although lahoiyVwid expense were on
the one side, and case with ooconomy on the other, the former
were in possession of the most advantngeous system. This
consequence seemed to be the more diflicidt to explain, since
the settlers, who all belonged to the same Kuropean race, had
the same habits, the same civilixntion, the same laws, and their
shades of diU'erence were extremely slight.

Time, however, continued to advance ; and the Anglo-Ame-
ricans, spreading beyond the coasts of the Atlantic Ocean,
penetrated further and further into the solitudes of the West ;
they met with a new soil and an unwonted climate ; the obsta-
cles which opposed them were of the most various character ;
their races intermingled, the inhabitants of tiie South went up
towards the North, those of the North descended to the South :
but in the midst of all these causes, the same result recurred at
every step ; and in general, the colonies in which there were no

* See Beverley's History of Virj^iniii. See also in Jefferson's Memoirs some
curious diJtaiU roncerniiif; tlio iiUroiliictioii ofiiefiroes into Virginia, and the first
act wliicli i)roliil)it('(l the importation oC iliem in 177H.

t The imniher ofslaves was less considenible in the North, but the advantages
rciiitin^ from slavery were not more contested there than in the youth. Ir>
1740, the legislature of the Slate of New York declared tlial the direct importa-
tion ofslaves oniihtto he encouraged as much as possible, ami smuggling severely
punished in order not to discourage the fur trader. (Kent's Commentaries, vol.
ii. p. 2(M).) Curious researches, by ndknap, upon slavery in New F.iigland are
to be found in the Historical Collection of iMassachiisetts. vol. iv. p li:X It ap-
pears that negroes were introduced there in l'j:}l), but that the legislation and
manners of tiie people were opposed to slavery from tlie tirst; see also, m the
same work, the manner in which public opiiiioil, and iiftervvards the laws, finally
put an end to slavery.

842

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ir-

I*'
I

slaves became more populous and more rich than those In which
slavery flourished. The more progress was made, the more
was it shown, that slavery, which is so cruel to the slave, is pre-
judicial to the master.

But this truth was most satisfactorily demonstrated when civi-
lization reached the banks of the Ohio. The stream which
the Indians had distinguished by the name of (3liio, or Beauti-
ful River, waters one of the most magnificent valleys which
lias ever been made the abode of man. Undulating lands ex-
tend upon both shores of the Ohio, whose soil affords inex.
liaustible treasures to the labwer ; on either bank the air is
wholesome and the climate mild ; and each of them forms the
extreme frontier of a vast Stale : that which follows the numer-
ous windings of the Ohio upon the left is called Kentucky;
that upon the right bears the name of the river. These two
States only differ in a single respect ; Kentucky has admitted
slavery, but the State of Ohio has prohibited the existence of
slaves within its borders.*

Thus the traveller who floats down the current of the Ohio,
to the spot where that river falls into the Mississippi, may be
said to sail between liberty and servitude; and a transiei.t in-
spection of the surrounding objects will convince him as to
which of the two is most favorable to mankind.

Upon the left bank of the stream the pcupulation is rare;
from time to lime one descries a troop of slaves loitering in the
half-desert fields; the prima'val forest recurs at every turn;
society seems to be asleep, man to be idle, and nature alone
offers a scene of activity and of life.

From the right bank, on the contrary, a confused hum is
heard which proclaims the presence of industry ; the fields are
covered with abundant harvests ; the elegance of the dwellings
announces the taste and activity of the laborer ; and man ap-
pears to be in the enjoyment of that wealth and contentment
which is the reward of labot/1(\^

The State of Kentucky was founded in 1775, the State of
Ohio only twelve years later ; but twelve years are more in

* Not only is slavery pmliibiled in Ohio, but no free negroes are allowed to
enter llie territory of tiiiit rotate, or to liold jjroperty iu it. Seethe Statutes of
Ohio.

t The activity of Ohio is not confined lo individuals, hut the nndertakinps of
the State are smprisiii^'iy K'eat: a canal has been establi.shed between Lake Erie
and the Ohio, by means of 'which the valley of the Mississippi coinnmnirates wiili
the nver oltlic North, and the Knropeari connnodities which arrive at .\ew ^'ork
may be forvvurded by wuter to A'ew Orleuua ucross five hiuidred leagues of
couiiucDt.

S43

on IS rare;

America than half a century in Europe, and, at the present day,
the population of Ohio exceeds that of Kentucky hy 2.jO,060
souls.* These opposite consequences of slavery and freedom
may readily be understood ; and they suffice to explain many
of the differences which we remark between the civilization of
antiquity, and that of our own time.

Upon the left bank of the Ohio lahotriVconfounded with the
idea of slavery, upon the right bank it is identified with that of
prosperity and improvement ; on the one side it is degraded,
on the other it is honwed ; on the former territory no white
laborers can be found, for they would be afraid of assimilating
themselves to the negroes; on the latter no one is idle, for the
white population extends its activity and its intelligence to every
kind of employment. Thus the men whose task it is to culti-
vate the rich soil of Kentucky are ignorant and lukewarm ;
whilst those who are active and enlightened either do nothing,
or pass over into the State of Ohio, were they may work without
dishonotf(^

It is true that in Kentucky the planters are not obliged to pay
wages to the slaves whom they employ ; but they derive small
profits from their labor, whilst the w ages paid to free workmen
would be returned with interest in the value of their services.
The free workman is paid, but he does his work quicker than
the slave ; and rapidity of execution is one of the great elements
of oeconomy. The white sells his services, but they are only
purchased at the ti '•s at which they may be useful ; the black
can claim no rcmuuf ration for his toil, but the expense of hi?
maintenance is perpetual ; he must be supported in his old age
as well as in the prime of manhood, in his prolitless infancy as
well as in the productive years of youth. I'aymentmust equal-
ly be made in order to obtain the servi '"^of eitli« r rlass of men;
the free workman ret < ives his wages in ii..»ney ; the slave in ed-
ucation, in food, in care and in clothing. The money which a
master spends in the maintenance of his slaves, goes erradually
and in detail, so that it is scarcely perceived ; the salary of the
free workman is paid in a roinid sum, wiiich appears only to
enrich the individual who receives it ; out in tiie end the sla\e
has cost more than the free servant, and his labor is less pro-
ductive.t

* The exact numbers given by the census of 1830 were: Kentucky, 038,844;
Ohio, 937,679.

t Independently of these cau'.es, which wherever free workmen iibound ren-
der their labor more productive and ihoil' a'conomical than that of shives, another
cause may be pointed om which isjieculiur to tlie Uuited St(ii««: tlie sugar-cane

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344

The influence of slavery extends still further ; it aflects the
character of the master, and imparts a peculiar tendency to his
ideas and his tastes. Upon both banks of the Ohio, the charac-
ter of the inhabitants is enterprising and energetic ; but this
vigor is very diflerently exercised in the two States. The white
inhabitant of Ohio, who is obliged to subsist by his own exer-
tions, regards temporal prosperity as the principal aim of his
existence ; and as the country which he occupies presents inex-
haustible resources to his industry, and ever-varying lures to his
activity, his acquisitive ardor surpasses the ordinary limits of
human cupidity : he is tormented by the desire of wealth, and
he boldly enters upon every path which fortune opens to him ;
he becomes a sailor, pioneer, an artisan, or a laborer with the
same indifference, and he supports, with equal constancy, the
fatigues and the dangers incidental to these various professions ;
the resources of his intelligence are astonishing, and his avidity
in the pursuit of gain amounts to a species of heroism.

But the Kentuckian scorns not only labor, but all the under-
takings which labor promotes ; as he lives in an idle independ-
ence, his tastes are those of an idle man ; money loses a portion
of its value in his eyes ; he covets wealth much less than pleas-
ure and excitement ; and the energy which his neighbor de-
votes to gain, turns with him to a passionate love of field sports
and military exercises ; he delights in violent bodily exertion, he
is familiar witli the use of arms, and is accustomed from a very
early ge to expose his hfe in single combat. Thus slavery not
only prevents the whites from becoming opulent, but even from
desiring to become so.

As the same causes have been continually producing opposite
effects for the last two centuries in the British colonies of North
America, they have established a very striking difference be-
tween the commercial capacity of the inhabitants of the South
and those of the North. At the present day, it is only the
Northern States which are in possession of shipping, manufac-
tures, rail-roads, and canals. This difference is perceptible not

hfis hitherto bnen cultivated with siicness only npon the baiil<s of the IMi.^'issippi,
iienr the nioiith of that river in tlie Gulf of Alexico. In l.onisiana thecnliiv.ition
of the sugar cane is e.\cee:!ingly hicrative ; and 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 Louis-
iana. P'lt Louisiana is one of the confederate States, and slaves may be carried
thither from all parts of the Union ; the price given for slaves in New Orleans
consequently raises the value of slaves in all the other markets. The consequence
of this is that in the countries where the land is less productive, the cost of slave
labor is still very conr^iderablc, which gives un additional advoiitage to the compe-
tition of free labor.

345

only in comparing the North with the South, but in comparing
the several Southern States. Almost all the individuals who
carry on commercial operations, or who endeavor to turn slave-
labor to account in the most Southern districts of the Union,
have emigrated from the North. The natives of the Northern
States are constantly spreading over that portion of the Ameri-
can territory, where they have less to tear from competition ;
they discover resources there, which escaped the notice of the
inhabitants ; and, as they comply with a system which they do
not approve, they succeed in turning it to better advantage than
those who first founded, and who still maintain it.

Were I inclined to continue this parallel, I could easily prove
that almost all the diflerenccs, which may be remarked between
the characters of the Americans in the Southern and in the
Northern States, have originated in slavery ; but this would
divert me from my subject, and my present intention is not to
point out all the consequences of servitude, but those effects
which it has produced upon the prosperity of the countries which
have admitted it.

The influence of slavery upon the production of wealth must
have been very imperfectly known in antiquity, as slavery then
obtained throughout the civilized world, and the nations which
were unacquainted with it were barbarous. And indeed Chris-
tianity 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 moral-
ity.

As these truths became apparent in the United States, slavery
receded before the progress of experience. Servitude had be-
gun in the South, and had thence spread towards the North ;
but it now retires again. Freedom, which started from the
North, now descends uninterruptedly towards the South.
Amongst the great States, Pennsylvania now constitutes the
extreme limit of slavery to the North ; but even within those
limits the slave-system is sliaken : Maryland, which is imme-
diately below Pennsylvania, is preparing for its abolition ; and
Virginia, which comes next to Maryland, is already discussing
its utility and its dangers.*

* A peculiar reason contributes to detach tlic two last-mentioned States from
the cimso of slavery. The former wealth of tiiis part of the Union was principal-
ly derived from the enltivation of tobacco. Tiiis cultivation is specially carried
on by slaves ; but vviibin the last few years the market-price of tobacco hasdimin-
isiit'd, whilst the value of the slaves remains the same. Thus the ratio between
the cost of i)roduction, and the value of the produce is changed. The natives of

I i

In,
In

<Mr-

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346

No great change takes place in human institutions, without
involvino: amongst its causes the law of inheritance. When the
law of primogeniture obtained in the South, each family was
represented by a wealthy individual, who was neither compelled
nor induced to labor ; and he was surrounded, as by parasitic
plants, by the other members of his family who were then ex-
cluded by law from sharing the common inheritance, and who
led the same kind of life as himself. The very same thing then
occurred in all the fa.nilies of the South as still happens in the
wealthy families of some countries in Europe, namely, that the
younger sons remain in the same state of idleness as their elder
brother, without being as rich as he is. This identical result
seems to be produced in Europe and in America by wholly
analogous causes. In the South of the United States, the whole
race of whites formed an aristocratic body, which was headed
by a certain number of privileged individuals, whose wealth
was permanent, and whose leisure was hereditary. These
leaders of the American nobility kept alive the traditional pre-
judices of the white race in the body of which they were the re-
presentatives, and maintained the honor of inactive life. This
aristocracy contained many who were poor, but none who would
work ; its members preferred w ant to labor ; consequently no
competition was set on foot against negro laborers and slaves,
and, ^vhatever opinion might be entertained as to the utility of
their eflorts, it was indispensable to employ them, since there
w as no one else to work.

No sooner was the law of primogeniture abolished than for-
tunes began to diminish, and all the families of the country were
simultaneously reduced to a state in which labor became neces-
sary to procure the means of subsistence : several of them have
since entirely disnpjicared ; and all of them learned to look for-
ward to the time at which it would be necessary for every one to
provide lor his own wants. Wealthy individuals arc still to be
met with, but they no longer constitute a compact and heredi-
tary body, nor have they been able to adopt a line of conduct
in wliich they could persevere, and which tliey could infuse into
ail ranks of society. The prejudice which stigmatized labor
was in the first place abandoned by common consent ; the num-
ber of needy men was increased, and the needy were allowed to
gain a laborious subsistence without blushing for their exertions.

Maryliind and Virginia aro tliereforo more disposod than tlioy were thirfy years
ago, to give up slave- lahor in tlie cultivation of tobacco, or to give up slavery and
tobacco at ttio same time.

347

Thus one of the most immediate consequences of the partible
quality of estates has been to create a class of free laborers. As
soon as a competition was set on foot between the free laborer
and the slave, the inferiority of the latter became manifest, and
slavery was attacked in its fundamental principle, which is, the
interest of the master.

As slavery recedes, the black pojndation follows its retrograde
course, and returns with it to those tropical regions from which
it originally came. However singular this fact may at first ap-
pear to be, it may readily be explained. Although the Ameri-
cans abolish the principle of slavery, they do not set their slaves
free. To illustrate this remark I will quote the example of the
State of New York. In 17(S8, the tSiate of New York prohibited
the sale of slaves within its limits; which was an indirect method
of prohibiting the importation of blacks. Tlienceforward the
number of negroes could only increase according to the ratio
of the natiu'al increase of population. But eight years later a
more decisive measure was taken, and it was enacted that all
children born of slave parents after the -llh of .July, 17!)9, should
be free. No increase could then take place, and although slaves
still existed, slavery might be said to l)e abolished.

From the time at which a Northern iState prohibited the im-
portation of slaves, no slaves were brought from the Soutli to
be sold in its markets. On the other liand, as the sale of slaves
was forbidden in that State, an owner was no longer able to 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 born
free, the slave lost a large portion of his market-value, since his
posterity was no longer included in the bargain, and the owner
liad then a strong interest in transporting him to the South.
Thus the same law prevents the slaves of the South from com-
ing to the Nortliern States, and drives those of the North to the
South.

The want of free hands is felt in a State in proportion as the
numbe-' of slaves decreases. But in proportion as lal)or is per-
formed by free hands, slave-labor becomes less productive ; and
the slave is then a useless or an onerous possession, whom it is
important to export to those Southern States where the same
competition is not to be feared. 'I'hus the abolition of slavery
does not set the slave free, but it merely transfers him from one
master to another, and from the North to the Soudi.

The emancipated negroes, and those born after the abolition

348

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<ir

of slavery, do not, indeed, migrate from tlie North to the South ;
but their situation with regard to the Europeans is not unlike
that of the aborigines of America ; they remain half civilized,
and deprived of their rights in the midst of a population which
is far superior to them in wealth and in knowledge ; where they
are exposed to the tyranny of the laws,* and the intolerance of
the people. On some accounts they are still more to be pitied
than the Indians, since they are haunted by the reminiscence of
slavery, and they cannot claim possession of a single portion of
the soil : many of them perish miserably, f and the rest congre-
gate 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 Tvhen they were still in a state of slavery, as the num-
ber of whites augments with twofold rapidity since the abolition
of slavery, the blacks would soon be, as it were, lost in the midst
of a strange population.

A district which is cultivated by slaves is in general more
scantily peopled than a district cultivated by free labor : more-
over, America is still a new country, and a State is therefore not
half peopled at the time when it abolishes slavery. No sooner
is an end put to slavery, than the want of free labor is felt, and
a crowd of enterprising adventurers immediately arrive from all
parts of the country, who hasten to profit by the fresh resources
which are then opened to industry. The soil is soon divided
amongst them, and a family of white settlers takes possession of
each tract of country. Besides which, European emigration is
exclusively directed to the free States ; for what would be the
fate of a poor emigrant who crosses the Atlantic in search of
ease and happiness, if he were to land in a country where labor
is stigmatized as degrading ?

Thus the white population grows by its natural increase, and
at the same time by the immense influx of emigrants ; whilst the
black population receives no emigrants, and is upon its decline.
The proportion which existed between the two races is soon in-

* The States in wliich 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 ditferent States in this respect, the unhappy
blacks can only choose the least of the evils which beset them.

t There is a very great difference between the n)ortility of the blanks and of
the whites in the States in which slavery is abolished; from 1d'<J0to 18 SI only
one out offorty-two individuals of the white population died in Philadelphia; but
one negro out of twenty-one individuals of the black population died in the same
space of time. The mortality is by no means so great amongst tlie negroes who
are still slaves. (See Emmerson's Medical Statistics, p. 28.)

'P.U

349

verted. The negroes constitute a scanty remnant, a poor tribe
of vagrants, which is lost in .lie midst of an immense people in
full possession of the land ; and the ])rescnce of the blacks is
only marked by the injustice and the hardships of which they
are the unhappy victims.

In several of the Western States the negro race never made
its appearance ; and in all the Northern States it is rapidly de-
clining. Thus the great question of its future condition is con-
fined within a narrow circle, where it becomes less formidable,
though not more easy of solution.

'J'he more we descend towards the South, the more difficult
does it become to abolish slavery with advantage : and this arises
from several physical causes which it is important to point out.

The first of these causes is the climate : it is well known that
in proportion as Europeans approach the Tropics, they suffer
more from labor. Many of the Americans even assert, that
within a certain latitude the exertions which a negro can make
without danger are fatal to them ;* but I do not think that this
opinion, which is so favorable to the indolence of the inhabitants
of southern regions, is confirmed by experience. The southern
parts of the [Jnion 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 die two latter countries. If slavery has been
abolished in Italy and in Spain wiUiout causing the destruction
of the masters, why should not the same thing take place in the
Union ? I cannot believe that Nature has prohibited the Euro-
peans in Ceorgia 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:}: to
them than to the inhabitants of New England. As the free
workman thus loses a portion of his superiority over the slave in
the Southern States, there are fewer inducements to abolish
slavery.

* This is true of the spots in which rice is cultivjited; rice-;srronnds, which are
unwholesome in all countries, are particularly dangerous in those regions which
are exposed to the beainsof a tropical sun. F.uropeins would not find it easy to
cultivate the soil in iliat part of the New Wor'd if it inu-t necessarily be made to
produce rice ; but may they not subsist without rice-grounds ?

t These States are nearer to the equator than Italy and Spain, but the tempera-
ture of the continent of America is very much lower than that of Europe.

{ The Spanish Government formerly caused a certain number of peasants
from the Azores to be transported into a district of Louisiana called Attakapas, by
way of experiment. These settlers still cultivate the soil without the assistance of
slaves, but their industry is so languid as scarcely to supply their tnost necessary
wants.

i:l

350

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#*■*

. ^-1$

I" rj

All Jie plants of Europe grow in the nortliern parts of tiie
Union ; the South has special productions of its own. It has
been observed tiiat slave-labor is a very expensive method of
cultivating corn. The farmer of corn-land in a country where
slavery is unknown, habitually retains a small number of la-
borers in his service, and at seed-time and harvest he hires
several additional hands, who only live at his cost for a short
period. But the agriculturist in a slave State is obliL';ed to
keep a large number of slaves the whole year round, in order
to sow his fields and to gather in his crops, although their serv-
ices are only required for a few weeks; but slaves are unable
to wait till they arc hired, and to subsist by their own labor in
the mean time like free laborers ; in order to have their serv-
ices, tliey must be bought. Slavery, independently of its gen-
eral disadvantages, is therefore still more inapplicable to coun-
tries in which corn is cultivated than to those which produce
crops of a diflerent kind.

The cultivation of tobacco, of cotton, and especially of the
sugar-cane, demands on the other hand, unremitting attention:
and women and children are employed in it, whose services are
of but little use in the cultivation of wheat. Thus slavery is
naturally more fitted to the countries from which these produc-
tions are derived.

Tobacco, cotton, and the sugar-cane are exclusively grown
in the South, and they form one of the principal sources of the
wealth of those States. If slavery were abolished, the inhabit-
ants of the South would be constrained to adopt one of two
alternatives : they must either change their system of cultiva-
tion, and then they would come into competition with the more
active and more experienced inhabitants of the North ; or, if
they continued to cultivate the same produce without slave-la-
bor, they would have to support the competition of the other
States of the South, which might still retain their slaves. Thus,
peculiar reasons for maintaining slavery exist in the South which
do not operate in the North.

But there is yet another motive which is more cogent than
all the others ; the South might indeed, rigorously speaking,
abolish slavery, but how should it rid its territory of the black
population i' Slaves and slavery are driven from the North by
the same law, but this twofold result cannot be hoped for in the
South.

The arguments which I have adduced to show that slavery
is more natural and more advantageous in the South than in the

351

North, sufliciently prove that the number of slaves must be far
greater in the former districts. It was to the southern settle-
ments 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 fcioulh, the prejudice which sanctions
idleness increases in power. In the Slates nearest to the Tro-
pics there is not a single white laborer ; the negroes are con-
sequently much more numerous in the South than in the North.
And, as I have already observed, this disproportion increases
daily, since the negroes are transferred to one part of the Union
as soon as slavery is abolished in the other. Thus the black
popnlailoM augments in the South, not only by its natural fe-
cundity, but by the compulsory emigration of the negroes from
the North ; and the African race has causes of increase in the
South very analogous to those which so powerfully accelerate
the grow til of the European race in the North.

In the State of Maine there is one negro in three hundred
inhabitants ; in Massachusetts, one in one hundred ; in New
York, two in one hundred ; in Pennsylvania, three in the same
number ; in Maryland, thirty-four ; in Virginia, forty-two ;
and lastly, in South Carolina* fifty-five per cent. Such was
the proportion of the black population to the w bites, in the year
1830. But this proportion is perpetually changing, as it con-
stantly decreases in the North and augments in the South.

It is evident that the most Southern States of the Union can-
not abolish slavery without incurring very great dangers, which
the Nortli had no reason to apprehend when it emancipated its
black population. We have already shown the system by which
the Northern Slates secure tlie transition from slavery to free-
dom, by keeping the |)resent generation in chains, and setting
thoir descendarUs free ; by this means the negroes are gradu-
ally introdtu'cd into society ; and whilst the men who might
abuse their freedom are kept in a state of servitude, those who
are emancipated n)ay learn the art of being free before they
become their own masters. But it would be difTicult to apply

* Wfi find it asscitod in an Arnoiican work, entitled ' Letters on tlie Coloniza-
tion Snniety," by Mr. Carey, 1S;3;5, '• That lor the last forty years the hiaek race lit s
increased more rapidly than the white raee in the State ot" South Carolina; and
that if we take tlie averajfe population of the live States of the SoiUli into which
slaves were first iiuroduced, viz. Maryland, Virginia, South Carolina, North Ca»
rolina, and deorcia, we shall find that from 17!)l) to IBiiO the whites have aug-
mented in the proportionof 80 to UIO, and the blacks in that of] i'i to 100.
In the UnitcMl States, in IHIiO, the population of tiie two races stood as follows:
States where slavery is abolished, 0,5(35,434 whites; 120,5JiO blacks. Slave
States, 3,960,814 whites ; 2,208,10;^ blacks.

■.d

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352

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this method in the South. To declare that all the negroes born
after a certain period shall be free, is to introduce the principle
and the notion of liberty into the heart of slavery ; the blacks,
whom the law thus maintains in a state of slavery f'-om which
their children are delivered, are astonished at so unequal a
fate, and their astonishment is only the prelude to their impa-
tience and irritation. Thenceforward slavery loses, in their
eyes, that kind of moral power which it derived from time and
habit ; it is reduced to a mere palpable abuse of force. The
Northern States had nothin"; to fear from the contrast, because
in them the blacks were lew in number, and the white popula-
laiion was very considerable. But if this faint dawn of free-
dom were to show two millions of men their true position, the
oppressors would have reason to tremble. After havinp^ af-
franchised the children of their slaves, the Europeans of the
Southern States would very shortly be obliged to extend the
same benefit to the whole black population.

In the North, as I have already remarked, a twofold migra-
tion ensues upon the abolition of slavery, or even precedes that
event when circumstances have rendered it probable ; the slaves
quit the country to be transported southwards ; and the whites
of the Northern States as well as the emigrants from Europe
hasten to fill up their place. But these two causes cannot ope-
rate in the same manner in the Southern States. On the one
hand, the mass of slaves is too great for any expectation of their
ever being removed from the country to be entertained ; and on
the other hand, the Europeans and Anglo-Americans of the
North are afraid to come to inhabit a country, in which labor
has not yet been reinstated in its rightful honors. Besides, they
very justly look upon the States in which the proportion of the
negroes equals or exceeds that of the whites, as exposed to very
great dangers ; and they refrain from turning their activity in
that direction.

Thus the inhabitants of the South would not be able , like
their northern countrymen, to initiate the slaves gradually into
a state of freedom, by abolishing slavery ; they have no means
of perceptibly diminishing the black population, and they would
remain unsupported to repress its excesses. So that in the course
of a few years, a great people of free negroes would exist in the
heart of a white nation of equal size.

The same abuses of power which still maintain slavery, would
then become the source of the most alarming perils, which the
white population of the South might have to apprehend. At the

353

negroes born
the principle
; the blacks,

f'-om which
unequal a
} their impa-
oses, in their
i'om time and

force. The
trast, because
k'hite popula-
lavvn of frce-
! position, the
ir havinj; af-
opeans of the
o extend the

vofold migra-
precedes that
lie ; the slaves
nd the whites
, from Europe
!S cannot ope-
On the one
tation of their
ined ; and on
ricans of the
m which labor
Besides, tiioy
iportion of the
posed to very
icir activity in

)t be able, like
gradually into
lave no lneaIl^
nd they would
It in the course
dd exist in the

slavery, would
rils, which the
hend. At the

present time the descendants of the Europeans are the sole
owners of the land ; the absolute masters of all labor ; and the
only persons w ho are possessed of wealth, knowledge, and arms.
The black is destitute of all these advantages, but he subsists
without them because he is a slave. If he were free, and ob-
liged to provide for his own subsistence, would it be possible for
him to remain without these things and to support life ? Or
would not the very instruments of the present superiority of the
white, whilst slavery exists, expose him to a thousand dangers
if it were abolished ?

As long as the negro remains a slave, he may be kept in a con-
dition not very far removed from that of the brutes ; but, w ith his
liberty, he cannot but acquire a degree of instruction which will
enable him to appreciate his misfortunes, and to discern a reme-
dy for them. Moreover, there exists a singular principle of re-
lative justice which is very firmly implanted in the human heart.
Men are much more forcibly struck by those inequalities which
exist within the circle of the same class, than with those which
may be remarked between different classes. It is more easy for
them to admit slavery, than to allow several millions of citizens
to exist under a load of eternal infamy and hereditary w retched-
ness. In the North the population of freed negroes feels these
liardships and resents these indignities ; but its members and its
powers are small, whilst in the ISoutli it would be numerous and
strong.

As soon as it is admitted that the whites and the emancipated
blacks are placed upon the same territory in the situation of two
alien communities, it will readily be understood that there are
but two alternatives for the future ; the negroes and ihc whites
must either wholly part or wholly mingle. Phave already ex-
pressed the conviction which I entertain as to the latter event.*
I do not imagine that the white and the black races will ever
live in any country upon an equal footing. But I believe the
difficulty to be still greater in the United States than elsewhere.
An isolated individual may surmount the prejudices of religion,
of his country, or of his race, and if this individual is a king he
ma^ I'dect surprising changes in society; but a whole people

* This opinion is sanctioned by antliorities infinitely weightier than anytliing
that I can say : thns, for instance, it is stated in the Memoirs of Jerterson fas col-
lected by M. ConseilJ " Nothing is more clearly written in the book of destiny
than the emancipation of the blacks; and ii, is etpiaily certain that the two races
will never live in u state of equal freedom under the same government, so insur-
mountable are th^ barriers which nature, habit, and opiuiona have established
betweeo them."

': I i i!

S54

I, 4#

I*'
t

kHi'-

i»

cannot rise, as it were, above itself. A despot who should sub-
ject the Americans and their former slaves to the same yoke,
m'ia;ht perhaps succeed in commingling their races ; but as long
as the American democracy remains at the head of aflairs, no
one will undertake so difiicult a task ; and it may be foreseen
that the freer the white population of the United States becomes,
the more isolated will it remain.*

I have previously observed that the mixed race is the true
bond of union between the Europeans and the Indians ; just so
the mulattocs are the true means of transition between the white
and the negro ; so that wherever mulattoes abound, the inter-
mixture of the two races is not impossible. In some parts of
America, the European and the negro races are so crossed by
one another, that it is rare to meet with a man who is entirely
black, or entirely white : when they are arrived at this point,
the two races may really be said to be combined ; or rather to
have been absorbed in a third race, which is connected with
both without being identical with cither.

Of all the Europeans the English are those who have mixed
least with the negroes. More mulattoes are to be seen in the
South of the Union than in the North, but still they are infinitely
more scarce than in any other European colony : mulattoes arc
by no means numerous in the United States ; they have no force
peculiar to themselves, and when quarrels originating in diffe-
rences of color take place, they generally side with the whites;
just as the lacqueys of the groat, in Europe, assume the contempt-
uous airs of nobility to the lower orders.

The pride of origin, which is natural to the English, is sin-
gularly augmented by the personal pride which democratic
liberty fosters amongst the Americans : the white citizen of the
United States is proud of his race, and proud of himself. But if
the whites and the negroes do not intermingle in the North of
the Union, how should they mix in the South ? Can it be sup-
posed for an instant, that an American of the Southern States,
placed, as he must for ever be, between the white man with all
his physical and moral superiority, and the negro, will ever think
of preferring the latter ? The Americans of the Southern States
have two powerful passions which will always keep them aloof;
the first is the fear of being assimilated to the negroes, their for-

* If ihe British West India planters had governed themselves, they would
assuredly not have passed the Slave Emancipatiou Bill which the mother-country
has recently imposed upon thorn.

I'iiji

-«.,<;i/*?*iii*ii

356

o should sub-
ic same yoke,
; ; but ns long
of aflairs, no
ay be foreseen
tales becomes,

re is the true
dians ; just so
veen the white
imd, the inter-
some parts of
> so crossed by
who is entirely
at this point,
1 ; or rather to
:onnected with

lio have mixed
be seen in the
«y are infinitely
; mulattoes are
y have no force
nating in diffe-
ith the whites ;
e the contempt-

•^nglish, is sin-
ich democratic
e citizen of the
limself. But if
in the North of

Can it be sup-
outhern States,
te man with all
, will ever think
Southern States
eep them aloof;
sroes, their for-

iselves, they would
the tnolher-couutry

mer slaves ; and the second, the dread of sinking below the
whites, their neighbors.

If I were called upon to pi^dict what will probably occur at
some future time, 1 should say, that the abolition of slavery in
the South will, in the common course of things, increase the re-
pugnance of the w bite population for the men of color. I found
this opinion upon the analogous observation which I already
had occasion to make in the North. I there remarked that the
white inhabitants of the North avoid the negroes with increasing
care, in proportion as the legal barriers of separation are re-
moved by the legislature ; and why should not the same result
take place in the South ? In the North, the whites are deterred
from intermingling with the blacks by the fear of an imaginary
danger ; in the South, where the danger would be real, I can-
not imagine that the fear would be less general.

If, on the one hand, it be admitted (and the fact is unques-
tionable) that the colored population perpetually accumulates in
the extreme South, and that it increases more rapidly dian that
of the whites ; and if, on the other hand, it be allowed that it is
impossible to foresee a time at which the whites and the blacks
will be so intermingled as to derive the same benefits from so-
ciety ; must it not be inferred, that the blacks and the whites
will, sooner or later, come to open strife in the Southern States
of the Union ? But if it be asked what the issue of the struggle
is likely to be, it will readily be understood that we are here left
to form a very vague surmise of the truth. The human mind
may succeed in tracing a w ide circle, as it wee, which includes
the course of future events ; but within that circle a thousand
various chances and circumstances may direct it in as many dif-
ferent ways ; and in every picture of the future there is a dim
spot, which the eye of the understanding cannot penetrate. It
appears, however, to be extremely probable, that in the West
India Islands the white race is destined to be subdued, and the
black population to share the same fate upon the continent.

In the West India Islands the white planters are surrounded
by an immense black population ; on the continent, the blacks
are placed between the ocean and an innumerable people, which
already extends over them in a dense mass, from the icy confines
of Canada to the frontiers of Virginia, and from the banks of
the Missouri to the shores of the Atlantic. If the white citizens
of North America remain united, it cannot be supposed that the
negroes will escape the destruction with which they are menaced ;
they must be subdued by want or by the sword. But the black

','-!

»■'■;,

•*-t^

356

1*1
$*
t

3«|

tMr-

population which is accumulated along the coast of the Gulf of
Mexico, has a chance of success, if the American Union is dis-
solved when the strugf^le between the two races begins. If the
Federal tie were broken, the citizens of the South would be
wrong to rely upon any lasting succor from their Northern
countrymen. The latter are well aware that the danger can
never reach them ; and unless they are constrained to march to
the assistance of the South by a positive obligation, it may be
foreseen that the sympathy of color will be insufficient to stimulate
their exertions.

Yet, at whatever period the strife may break out, the whites
of the South, even if they are ibandoned to their own resources,
will enter the lists witii an immense superiority of knowledge and
of the means of warfare : but the blacks will have numerical
strength and the energy of despair upon their side ; and these
are powerful resources to men who have taken up arms. Tlie
fate of the white population of the Southern States will, perhaps,
be similar to that of the Moors in Spain. After having occupied
the land for centuries, it will perhaps be forced to retire to the
country w hence its ancestors came, and to abandon to the ne-
groes the possession of a territory, which Providence seems to
have more peculiarly destined for ihem, since they can subsist
and labor in it more easily than the whites.

The danger of a conflict between the white and the black in-
habitants of the Southern States of the Union, — a danger
which, however remote it may be, is inevitable, — perpetually
haunts the imagination of the Americans. The inhabitants of
the North make it a common topic of conversation, although
they have no direct injury to fear from the struggle ; but tliey
vainly endeavor to devise some means of obviating the misfor-
tunes wiiich they foresee. In the Southern States the subject is
not discussed : the planter does not allude to the futu e in con-
versing w ith strangers ; the citizen does not communicate his
appreiiensions to his friends ; he seeks to conceal them from him-
self: but tliere is something more alarming in the tacit fore-
bodings of the South, than in the clamorous fears of the Nortiicrn
States.

This all-pervading disquietude has given birth to an under-
taking which is but little known, but which may have the eifect
of changing tiie fate of a portion of the human race. From
apjjrehension of the dangers which I have just been describing,
a certain number of American citizens have formed a society
for the purpose of exporting to the coast of Guinea, at their

III

357

I ,« air

own expense, such free necjroes as may be willing- to escape from
the oppression to which they are subject.*

In 1820, the society to which I allude formed a settlement in
Africa upon the 7th degree of north latitude, which bears the
i.ame of Liberia. The most recent intelligence informs us that
.wo thousand five hundred nea;roes are collected there ; they
have introduced the democratic institutions of America into the
country of their forefathers ; and Liberia has a representative
system of government, negro jurymen, negro magistrates, and
negro priests ; churches have been built, newspapers established
and, by a singular change in the vicissitudes of the world,
white men are prohibited from sojourning within the settle-
ment.!

This is indeed a strange caprice of fortune. Two hundred
years have now elapsed since the iidiabilants of Europe under-
took to tear the negro from his family and his home, in order to
transport him to the shores of North America ; at the present day,
the European settlers are engaged in sending back the descen-
dants of those very negroes, to the continent from which they
were originally taken ; and the barbarous Africans have been
brought into contact widi civilization in the midst of bondage,
and liave become acquainted widi free political institutions in
slavery. Up to the present time Africa has been closed against
the arts and sciences of the whites; but the inventions of Europe
will perhaps penetrate into those regions, now that they are in-
troduced by Africans themselves. The setdement of Liberia is
founded upon a lofty and a most fruitful idea ; but whatever
may be its results with regard to the continent of Africa, it can
aflbrd no remedy to the New World.

In twelve years the Colonization Society has transported two
thousand five huridred negroes to Africa ; in the same space of
time about seven hundred thousand blacks were born in the
United States. If the colony of Liberia were so situated as to
be able to receive thousands of new inhabitants every year, and
if die negroes were in a state to be sent thither with advantage ;

* This society assumed the name of " the Society for the Colonization of the
Blacks." See its Animal Reports; and more particularly the (ilteenth. See
also the pamphlet, to which allusion has ahfady been niafle. entitled, " Letters on
the Colonization Soci-^ty, and on its probable results," by ftlr. Carey, Pliiladel-
phia, April, IW.J:?.

t This last rej^nlatioii was laid down by the founders of the settlement; they
apprehended that a state- of things might iirise in Africa, similiar to that which
exists on the frontiers of the IIiMled States, and that if the negroes, like the In-
dians, were brought into collision with a people more enlightened than themselves,
they would be destroyed before tljcy could be civilized.

, d

«»H.

S58

•■■♦.

I*'
t

)«i

'»

tor:

■m

^ii

if the Union were to supply the society with annual subsidies,*
and to transport the negroes to Africa in vessels of the State, it
would still be unable to counterpoise the natural increase of
population amongst the blacks ; and as it could not remove as
many men in a year as are born upon its territory within the
same space of time, it would fail in suspending the growth of
the evil which is daily increasing in the States.f The negro
race will never leave those shores of the American continent, to
which it was brought by the passions and the vices of Euro-
peans ; 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 apprehend, but they can-
not now destroy their efficient cause.

I am obliged to confess that I do not regard the abolition of
slavery as a means of warding off the struggle of the two races
in the United States. The negroes may long remain slaves
without complaining; but if they are once raised to the level of
free men, they will soon revolt at being deprived of all their
civil rights; and as they cannot become the equals of the whites,
they will speedily declare themselves as enemies. In the North
everything contributed to facilitate the emancipation of the
slaves ; and slavery was abolished, without placing the free ne-
groes in a position which could become formidable, since their
number was too small for them ever to claim the exercise of
their rights. But such is not the case in the South. The ques-
tion of slavery was a question of comnjerce and manufacture for
the slave-owners in the North ; for those of the South, it is a
question of life and death. God forbid that I shoukl seek to
justify the principle of negro slavery, as has been done by some
American writers! But I only observe that all the countries
which formerly adopted that execrable principle arc not equally
able to abandon it at the present time.

When I contemplate the condition of the South, I can only dis-
cover two alternatives which may be adopted by the white iii-

* Nor would these be the only dinicuhies atirnclaiit upon the itiiderfak-infl: ; if
the Union undertook to buy nptlu neifroes now in America, in order to transport
them to Africa, the price of slaves, increasing with their scarcity, wonid soon
becinnc enormous ; and the States of the North would never consent to expend
such great sums, Cora purpose which woidd procure such small ad\antapesto
themselves If tin; Union look possession of the slaves in the Southern Slates hy
force, or at a rate determined hy law, an insurmoiinl iblo resistance would arise iti
that part ofthe country. Coth alternatives are eijii.illv impossible.

t In 1830 there were in the United Slates 'i.OIO.Mii? slaves and :}i:)4;'.f) fire
blacks, in all ".i.HiO,/*)!) negroes; which formed uboutone-lifthof the total popula-
tioa of the Uuittid States at that time.

359

habitants of those States ; viz. either to emancipate the negroes,
and to intermingle with them ; or, remaining isolated from them,
to keep them in a state of slavery as long as possible. All in-
termediate measures seem to me likely to terminate, and that
shortly, in the most horrible of civil wars, and perhaps in the
extirpation of one or other of the two races. Such is the view
which the Americans of the South take of the riuestion, and they
act consistently with it. As they are determined not to mingle
with the negroes, they refuse to emancipate them.

Not that the inhabitants of the South regard slavery as neces-
sary to the wealth of the planter ; for on this point many of them
agree with their Northern countrymen in freely admitting that
slavery is prejudicial to their interests ; but they are convinced
that, however prejudicial it may be, they hold their lives upon
no other tenure. The instruction which is now diffused in the
South his convinced the inhabitants that slavery is injurious to
the slave-owner, but it has also shown them, more clearly than
before, that no means exist of getting rid of its bad consequences.
Hence arises a singular contrast ; the more the utility of slavery
is contested, the more firmly is it established in the laws ; and
whilst the principle of servitude is gradually abolished in the
North, that selfsame principle gives rise to more and more rigor-
ous consequences in the South.

The legislation of the Southern States, with regard to slaves,
presents at the present day such unparalleled atrocities, as suffice
to show how radically the laws of humanity have been perverted,
ind to betray the desperate position of the community in which
hat legislation has been promulgated. The Americans of this
portion of the Union have not, indeed, augmented the hardships
of slavery ; they have, on the contrary, bettered the physical
condition of the slaves. The only means by which the ancients
maintained slavery were fetters and death ; the Americans of the
South of the Union have discovered more intellectual securities
for the duration of their power. They have employed their
despotism and their violence against the human mind. In anti-
quity, precautions were taken to prevent the slave from breaking
his chains ; at the present day measures are adopted to deprive
him even of the desire of freedom. The ancients kept the bodies
of their slaves in bondage, but they placed no restraint upon the
mind and no check upon education ; and they acted consistently
with their established principle, since a natural termination of
slavery then existed, and one day or othjer the slave might be
set free, and become the equal of his master. But the Ameri-

^ ;Q

'1 .!

3G0

I '

la'. ■■*

J: - 1

cans of the South, who do not admit that the Negroes can ever
be commingled with themselves, have forbidden them to be taught
lo read or to write, under severe penalties ; and as they will not
raise them to their own level, they sink them as nearly as pos-
sible 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 aware that emancipation cannot but be danger-
ous, when the freed man can never be assimilated to his former
master. To give a man his freedom, and to leave him in wretch-
edness and ignominy, is nothing less than to prepare a future
chief for a revolt of the slaves. Moreover, it has long been re-
marked, 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 con-
sequently taken measures to prevent slave-owners from emanci-
pating their slaves in most cases ; not indeed by a positive pro-
hibition, but by subjecting that step to various forms v hich it is
ditiicult 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 ne-
gresses, and had had several children by her, who were born
the slaves of their father. He had indeed frequently thought of
bequeathing to them at least their liberty ; but years had elapsed
without his being able to surmount the legal obstacles to their
emancipation, and in the meanwhile his old age was come, and
he was about to die. He pictured to himself his sons dragged
from market to market, and passing from the authority of a parent
to the rod of the stranger, until these horrid anticipations worked
his expiring imagination into frenzy. When I saw him he was
a prey to all the anguish of despair, and he made me feel how
awful is the retribution of Nature upon those who have broken
her laws.

These evils are unquestionably great ; bnt they are the neces-
sary and foreseen consequence of the very princi[)le of modern
slavery. When the Europeans chose their slaves from a race
diflering from their own, which many of them considered as in-
ferior to the other races of mankind, and which they all repelled
with horror from any notion of intimate connexion, they must
have believed that slavei-y would last for ever ; since there is no
intermediate state which can be durable, between the excessive
inequality produced by servitude, and the complete equality
which originates in independence. The Europeans did imper-

I !^

,i' r 1

' I

361

fectly feel this truth, but without acknowledging it even to them-
selves. Whenever they have had to do with negroes, their con-
duct has either been dictated by their interest and their pride,
or by their compassion. They first violated every right of hu-
manity by their treatment of tlie negro, and they afterwards in-
formed him that those rights were precious and inviolable. They
aflbcted to open their ranks to the slaves, but the negroes who
attempted to penetrate into tiie coumiimity were driven back
with scorn ; and they have incautiously and involuntarily been
led to admit of freedom instead of slavery, without having the
courage to be wholly iniquit(ms, or wholly just.

If it be impossible to anticipate a period at which the Ameri-
cfins of the South will mingle their blood with tljat of the ne-
trroes, can they allow tlutir slaves to hccome tree without com-
promising their own security ? And if they are obliged to keep
that race in bondage, in order to save their own funilies, may
tliey not be excused for availing themselves of the means best
adapted to that end ? The events which are taking place in the
Southern States of the Union, appear to me to l)e at once the
most horrible and the most natural results of slavery. When I
SCO 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 iU'e tlie instru-
ments of tliese oiUragcs ; but I reserve my execration for those
who, after a thousand years of freedom, brought back slavery
into the world once more.

VVliatever may be the efforts of the Americans of the South
to maintain slavery, they will not always succeed. Slavery,
which is now confined to a single tract of the civilized ci>rth,
which is attacked by Christianity as unjust, and by political
nconomy as prejudicial ; and which is now contrasted with
democratic liberties and the information of our age, cannot sur-
vive. l>y the choice of the master or the will of the slnve, it
will cease ; and in either case great calamities may be expected
to ensue. If liberty be refused to the negroes of the South, they
will in the end seize it for themselves by force ; if it be given,
they will ala.., it ere long.

'■I:

362

WHAT ARE THE CHA^T;ES IN FAVOR OF THE DURATION OF THE
AMERICAN UNION AND WHAT DANGEUS THREATEN IT.

IteM

In
t

iiC'

1
'1

Reasons for wliicli flic proponderalin;^ force lies in tlin ?^tates rallier than in ihr
Union. — Tlio Union will only last as long as all tin; Stales choose to hclonfi; to
it. — (,'anses which tend to keep thcin united. — Utility of tlio Union to icsi<t
foreign eiuMnies. and to jirevent the existence of foreigners in America. — .Nd
natural liarriers hetween the several States. — No conllicling interests to (li\ idc
llieni. — Ueciprocal iiiterc.'sts of the iNorlhern, Southern, and Western States.--
Inlelleetdal lies of union. — Unilbrniily of opinions. — Dangers of the Unieii
resulting from the; dillerent characters and the passions of its citizens. — C'lianic-
ter of theciti/.eiis in liii! South and in the North. — The rapid growth of tlio
T'nion one of its greate-t dangers. — Progress of the population to the Norili-
west. — Pow -r gravitates in the same direction. — Passnuis originating tVom
sudden turns of I'ortiiiie. — NVhether the existing (jovennnent of the Union lends
to gain -strength, or to lose it. — Various signs ol' its decrease. — Internal improve-
incuts. — Waste lands — Indians. — The Bank. — The TaritV.— General Jackson.

The maintenance of the existing institutions » f the several States
dejjends in some measure upon the maintenance of tlie Union
itself. It is therefore iniportiuit in the lirst instance to iufniirr
into the probable f.itc of the T'nion. One point may indeed he
assumed at once ; if tla; j)resent confederation were dissolved, ii
appears to me to he incontestable thtit the Sttites of which it i-
now compojed would not return to their orifiinal isolated condi-
tion ; but tliat several Unions would then be formed in thepbicc
of one. It is not my intention to imjuirt" into the principles upon
which these new I nions would probtddy be est:d)lished, Inii
merely to sliow what the causes are w hich may edect the disuieiii-
berment of the existing confederation.

With this object 1 shall be obliged to retrace some of the
steps which i have already taken, and to rev(Tt to topics wliicli
I have before discussed. I am aware thtit the reader may tuciiM-
me of repetition, but the imj)ortance of the matter which still
remains to be treated is my excuse ; 1 had ntther say too miKli,
than say too little to be thoroughly understood, and 1 prefer in-
juring the author to slighting the subject.

The legislators who Ibrmed the Constitution of 1780, endeav-
ored to confer a distinct and preponderating authority upon the
Federal power. But they were confined by the conditions of
the task whicii they had underttikeii to perform. They were not
appointed to constitute the government of a single peo})le, but

363

RATION OF THE
EATEN IT.

>s nillier tlian in llic
cliooso to licloii!,' to
tho Vnion U> ye^\<\.
IS ill Aniericii. — No
fr iiilerosts to ilividi"
(IWestcni i^liUfs.--
iiiriMS of the Inioii
l.-Tciti/.eii!".— (-li:ii"ic-
I'iiliid ^M'owtli of tlie
iliitioii to tilt! Noilli-
lis oriitliKitiiig tVniii
It oftlit' rnloiiloiids
..— ll1tlM•lllllilnl)rove•
— Ciciieial Jackson.

he several t^tatrs;

ce of tlie Union

stance to inquiir

\t may indeed he

^vere dissolved, ii

s of which it \<

I isolated conili-

nied in the ])l;u(>

> pnnci',)les upon

estahhsiied, bill

llect the disniein-

lee some of the
t to topics \\\w\\
eader may accuse
natter which still
ler say too nuidi,

, and 1 prefer iu-

<>f 1789, cndcav-
uthority upon the
tlie conditions ol
They were not
ingle people, but

to regulate tiie association of several States ; and, whatever their
inclinations might he, they could not but divide the exercise of
sovereignty in the end.

In order to understand the consequences of this division, it is
necessary to make a short distinction between the affairs of the
(lovernment. Tiicre are some ohjects which are national by
their very nature, tiiat is to say, which aHcct the nation as a body,
and can only be entrusted to the man or the assembly of men
who most completely represent the entire nation. Amongst
these may be reckoned war and dijilomacy. 'JMiere are other
objects which arc provincial by their very nature, that is to say,
which only aflect certain localities, and which can only be pro-
perly treated in that locality. Such, for instance, is the budget
of municipality. Lastly, there are certain objects of a mixed
nature, which are national in as much as they aflect all the citi-
zens who compose the nation, and which are provincial in as
much as it is not necessary that the nation itself should provide
for them all. Such are the rights which regulate the civil and
political condition of the citizens. No society can exist widunit
civil and |)olitical ritihts. 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 hy the central
authority.

There are, then, two distinct categories of objects which are
submitted to the direction of the soven^ign power ; and these
categories occur in all well-constituted connnunitles, whatever the
basis of the political constitution may otherwise he. iietween
these two extremes, the objects which 1 have termed mixed mav
1)0 considered to lie. As tiu>e objects are neither exclusively
uational nor entirely provincial, they may be attained by a na-
lioiud or by a provincial go>('rnnient, according to the ai;ree-
ment of the contracting ])arties, without in any way impairing
the contract of association.

The sovereign |)ower is usually formed by the union of sepa-
rate individuals, vtho compose a people ; and individiud po\\ers
or collective iinres, each re|)resenting a very small portion of
the sovereign authority, are the sole elenu>nts which are subject-
ed to the general (Jovernnient of tluir choice. In this case the
jreneral (lovernment is more naturally cidled upon to retiulate,
not only those all'airs which are of essential national importance,
but those which are of a more local interest ; and the local gov-

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364

ernments are reduced to that small sliure of sovereign authority
which is indispensahle to their prosperity.

But sometimes the sovereign autiiority is composed of pre-or-
gani/ed political bodies, by virtue of circumstances anterior to
tlieir union ; and in this case the provincial ( lovernnients as-
sume the control, not only of those aflairs which more peculiarly
belong to their province, but of all, or of a part of the mixed
afliiirs to which allusion has been made. For the confederate
nations which were independent soverrign States belbre llieir
union, and which still represent a very considerable share of the
sovereign power, have only consented to cede to the general
(lovernment the exercises of those rights which are indispensa-
ble to the I nion.

^^ hen the National Covernment, in(lej)endently of the prero-
gatives inherent in its nature, is investeil witli the right of regu-
lating the affairs w hich relate partly to the general and partly to
tiie local interests, it possesses a preponderating influence. Not
only are its own rights extensive, but all the rights which it does
not possess exist by its sulferance, and it may be aj)prehended
that tile j)rovisiona! ^jovernmeiits may be dej)rived of their na-
tural and necessary prerogatives by its influence.

When, on tiie other hand, the provincial (Jovernments are in-
vested with the power of regulating those same affairs of mixed In-
terest, an oj)posite tendency jirevails in society. The preponder-
ating force resides in the })rovince, not in the nation ; and it may
be aiiprcliended that the National (iovernment may in the end
be stripped of the privileges which .ire necessary to its existence.
Indejiendent nations have therefore a natural tendency to cen-
tralization, and confederations to dismemberment.

It now only remains l()r us to apply these general j)rinciplos
to the American l.iiion. The several States were necessarilv
possessed of the right of regulating all exclusively pi'ovinciid
affairs. INIoreover these same States retained the rights of de-
termii:ing the civil and ])olitieal competency of the citizens, or
regulating the recij)rocal relations of the niembers of the coni-
niunity, and of dispensing justice ; rights which are of a general
nature, but which do not necessarily appertain to the nationid
government. We have shown that the (iovernment" of the
Union is invested with the j)ower of aeting in the name of the
whole nation, in those cases in which the nation has to apjjeiras
a sijigle and undivided j)o\ver ; as, fi)r instance, in foreign rela-
tions, and in olleriug a common resistance to a common enemy ;

365

in short, in conducting those affairs which I have styled exclu-
sively national.

In this division of the rifi;hts of sovereip^nty, the share of the
Union seems at first sij^ht to be more considerable than that of
the tStates ; but a more attentive investigation shows it to be less
so. The undertaking's of the Government of the Union are
more vast, but their iniluence is more rarely felt. Those of the
provincial (Jovernments are comparatively small, but they are
incessant, and they serve to keep alive the authority which they
represent. The Clovernment of the Union watches the general
interests of the country ; but the general interests of a people
have a very questionable influence upon individual happiness;
whilst provincial interests produce a most immediate eflect upon
the welfare of the inhabitants. The Union secures the inde-
pendence and the greatness of the nation, which do not immedi-
ately aflect private citizens ; but the several States maintain the
liberty, regulate the rights, protect the fortune, and secure
tiie life and the whole future |)rosperity of every citizen.

The Federal (Jovernment is very far removed from its sub-
jects, whilst the provincial (lovernments are within the reach of
diem all, and are ready to attend to the smallest appeal. The
central CJovernment has upon its side tlie passions of a few su-
perior men who aspire to conduct it ; but upon the side of the
proviiuial Covenmients are the interests of all those second-rate
individuals who can only hope to obtain ])ower within their own
State, and who nevertheless exercise the largest share of author-
ity over the people because they are placed nearest to its level.
The Americans have therefore nuicli more to hope and to fear
from the States than from the l^nion ; and, m conformity with
the natural terulency of the human mind, they are more likely to
attach themselves to the former than to die latter. In diis re-
spect their habits and feelings harmonize widi their interests.

When a compact nation divides its sovereignty, and adopts a
confederate form of government, the traditions, the customs, and
the manners of the people are for a long time at variance with
their legislation ; and the former tend to give a degree of influ-
ence to the central government which the latter forbids. When
a number of confederate States unite to form a single nation, the
same causes operate in an opposite direction. I have no doubt
that if France were to become a confederate republic like that
of the United States, the Government would at first display more
energy than that of the Union; and if the Union were to alter

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366

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1

its constitution to a monarcliy like that of France, I think that
the American Government would be a long time in aecjuiring
the force which now rules the latter nation. When the national
existence of the Anglo-Americans began, their j)rovincial ex-
istence was already of long stiniding ; necessary relations were
established between the townships and the individual citizens of
the same States ; and they were accustomed to consider some
objects as common to them all, and to conduct other ail'airs 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 dis-
tinct and circumscribed ; since it represents a certain nmnber of
objects which are familiar to the citizens and beloved by all. It
is identified with the very soil, with the right of property and
the domestic aflections, with the recollections of the past, the
labors of the present, and the hopes of the future. Patriotism,
then, which is frequently a mere extension of individual egotism,
is still directed to the State, and is not excited by the Union.
Thus the tendency of the interests, the habits, and the feelings
of the j)eople is to centre political activity in the States, in pref-
erence to the Union.

It is easy to estimate the dillbrent forces of the two govern-
ments, by remarking the manner in which they fidlill their re-
spective functions. Whenever the (lovernment of a StiUe has
occasion to address an individual or an assembly of individ-
uals, its language is clear and imperative ; and such is also tiie
tone of the Federal (jovernment in its intercourse with individu-
als ; but no sooner has it anything to do with a State, than it
begins to parley, to explain its motives and to justify its conduct,
to argue, to advise and in short anything but to connnand. If
doubts are raised as to the limits of the constitutional powers of
each (Jovernment, the provincial (Jovermnent prefers its claim
with boldness, and takes prompt and energetic steps to support
it. In the mean while the (Jovernment of the Union reasons, it
appeals to the interests, to the good sense, to the glory of the
nation ; it temporizes, it negotiates, and does not consent to act
until it is reduced to the last extremity. At first sight it might
readily be imagined that it is the provincial (lovernment which is
armed with the authority of the nation, and that Congress repre-
sents a single State.

The Federal (Jovernment is, therefore, notwithstanding the
precautions of those who founded it, naturally so weak, that it

367

moro peculiarly requires the I'rec consent of the p^overned to ena-
ble it to subsist. It is easy to perceive that its object is to enable
the States to realize uith facility their determination of remaining
r.nited ; and, as lontj; as this preliminary condition exists, its au-
thority is jj:;reat, t( nipcratf, and ed'cctive. The Constitution fits
the (lovernment to control in<lividnals, and easily to surmount
such obstacles as they may be inclined to od'er, but it was by no
means established with a view to the |)ossiblc separation of one
or more of the States from die Union.

If the sovereignty of the Union were to en^ac^e in a struggle
with that of the States, at the present day, its de(eat may be con-
fidently jsredicted ; and it is not probable that such a struggle
would be seriously undertaken. As often as a steady resistance
is odi red to the h'ederal (lovermnent it will l)e found to yield.
Iv\p<^rience has hitherto shown that whenever a State has de-
manded iunthing with ))erseverauce and resolution, it has inva-
riabl', succeerled ; and that if a separate (lovernment has dis-
tinctly refus«'d to act, it was left to do as it thought fit.*

-But even if Hie (iovernment of the Union had any strength
inherent in itself, the physical situation of the country would
render the (wercise of that strength very dillicult.t 'I'he United
StaU's cover an immense territory ; tln^y are separated from each
other by great distances ; and the population is dissenfmated
over the sm-face ol'a coimtry which is still half a wilderness. If
the Union were to undertake to enforce the allegiance of the
confederate States by military means, it would be in a position
very analogous to that of Kngland at the time of the VV ar of
lnde|)endence.

However strong a government may be, it cannot easily escape
from the consequence s of a principle which it has once admitted
as the foundation of its constitution. The Union was formed by
the vohnuary agreement of the States ; and, in uniting together,
they have not forli'iU'd their nationality, nor have they been re-
duced to the condition of one and the same peoj)le. If one of
the Stat«>s chose to withdraw its name from the contract, it would
be difiicnlt to disprove its right of doing so ; and the Federal
(lovernment would have no means of maintaining its claims
directly, either by force or by right. In order to enable the

* St>c tilt! cniidiict of the Northern States in the war of 1S12. " During that
war," says JctVcrson in a letter to (ieneral Lafayette, " four of tiie Eastern States
were only aUaelied to the Union, like so many inanimate hoclies to livnig men.

t Tho profound peace of the Union affords no pretext for a standuig army ;
and without a standing army a Government is not prepared to profit by a layorable
opportunity to conquer resistance, and take the sovereign power by snrprise.

I I

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368

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Federal Ciovernment easily to conquer the losistanco wliicli may
be ofl'ered to it by any one of its subjects; it nouhl be neces-
sary that one or more of them should be specially interested in
the exihtcnce of the Union, as has frequently been the case in the
history of confederations.

If it be supposed that amoncijst the States which are united by
the Federal tie, there arc some which exclusively enjoy the prin-
cipal advantages of union, or whose prosperity depends on the
duration of that union, it is unquestionable that they will always
be ready to support the central (Jovernment in enforcing' the obe-
dience of the others. But die (lovernment would then be exert-
ing a force not derived from itself, but from a j)rinciple contrary
to its nature. States form confederations in order to derive
equal advantages from their union ; and in die case just alluded
to, the Kederal Government would derive its power from the
unequal distribution of those benefits amongst the States.

If one of the confederate States have acquired a j)rci)onderance
sufficiently great to enable it to take exclusive possession of the
central authority, it will consider the other States as subject ])rov-
inces, and it will cause its own supremacy to be respected under
the borrowed name of the sovereignty of the Union. (Jreat
things may dicn be done in the name of the Federal Coverii-
ment, but in reality that (iovernment will have ceased to exist.*
In bodi those cases, the j)owcr which acts in the name of the
confederation becomes stronger, the more it abandons the natu-
ral 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])romising the
welfare of the others, although their own prosperity would be
lessened. As the existence and the hap{)iness of none of the
States are wholly dependent on the present Constitution, they
would none of them be disposed to make great personal sacri-
fices to maintain it. On the other hand, there is no State which
seems, hitherto, to have its ambition much interested in die
maintenance of the existing Union. They certainly do not all
exercise the same influence in the Federal Councils, but no one
of them can hope to domineer over the rest, or to treat them as
its inferiors or as its subjects.

" Thus the province of Holland in the republic of the Low Countries, and the
Emperor in the Germanic Confederation have sometimes put themselves in the
place of the union, and have employed the Federal authority to their own
advantage.

3G9

It appears to me unqnrsllonablc, that if any portion of t/jo
Union seriously drsirod lo separate itself from tlie other States,
they woiihl not he ahh', nor indeed woidd they attempt, to pre-
vent it ; and that the |)resent Union will only last as lonif as the
States uhieh compose it ehoose to eontinue memhers of the eon-
fc'deration. if this point he adnjilted, the (piestion heeomes less
(jidienlt ; and om- ohject is not to incpiire whether the States of
the existinj:,- Union are eapalde of separatini^, but whether they
will ehoose to remain united.

Amongst the various reasons whieh tend to render the existinij
Union usefid to the Amerirans, two principal causes are pecu-
liarly evident to the observer. Allhou,L;h the Americans are, as
it were, idone upon their continent, their i-omnierce makes them
the neighhors of all the nations with which they trade. Notwith-
slandini; their aj)parent isolation, the Americans reipiire a certain
(k'uree of strength, n Inch (hey cannot retain otherwise than by
reniaininu- imited to each other. If the Slates were to split, they
woidd not only diminish the strength w hich they are now able to
display towards foreign nations, but they would soon create for-
eign jjowers upr)n their own territory. A system of inland cus-
toiu-houses would then l)e established ; the valleys would be
divided by imaginary boimdary-lines ; th(> courses of the rivers
Mould be contined by territorial distinctioiis ; and a multitude of
Iiiiidrances woidd ])revent the Americans frc.m (wploring the
nliole of that vast continent which ProNidence has allotted to
tlieni for a dominion. vVt present they have no invasion to fear,
and consequently no standing armies to maintain, no taxes to
levy. If the Union were dissolved, all these burdensome meas-
ures might ere long- be required. 'J'he Americans are then V(ny
powerfully interested in the maintenance of their Union. On
the other hand, it is almost impossible to discover any sort of
material interest which might at pres(Mit tem])t a })urtion of the
Union to separate from the other States.

When we cast our eyes ujion the map of the United States,
wo perceive the chain of the Alleghany mountains, rmniin<y
from the north-east to the south-west, and crossing nearly one
tliousand miles of country ; and we are led to imagine that the
design of Providence was to raise, between the valley of the
Mississippi antl the coasts of the Atlantic Ocean, one of those
natural barriers which break the mutual intercourse of men, and
form the necessary limits of diderent States. But the average
height of the Alleghanies does not exceed 2,500 feet ; their
greatest elevation is not above 4,000 feet ; their rounded sum-

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370

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mits, and the spacious valleys which they conceal \vithin their
passes, are of easy access from several sides. Besides which,
the principal rivers which fall into the Atlantic Ocean, the
Hudson, the Susquehannah, and the Potomac, take their rise
beyond the Alleghanies, in an open district, which borders upon
the vadey of the Mississippi. These streams quit this tract of
country*, make their way through the barrier which would seem
to turn them westward, and as they wind through the mountains,
they open an easy and natural passage t man.

No natural barrier exists in the regions which are now inhab-
ited by the Anglo-Americans ; the AUeghanies are so far from
serving as a boundary to separate nations, that they do not even
serve as a frontier to the States. New York, Pennsylvania,
and Virginia comprise them within their borders, and extend as
much to the west as to the east of the line.

The territory now occupied by the twenty-four States of the
Union, and the three great districts which have not yet ac-
quired the rank of States, although they already contain in-
habitants, covers a surface of 1,002, COO square miles, f, which
is about equal to five times the extent of France. Within these
limits the qualities of the soil, the temperature, and the produce
of the country, are extremely various. The vast extent of ter-
ritory 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
* 1 the dirt'erent provinces of^ a vast empire, which often termi-
nate in open dissensions ; and the extent of the country is then
most prejudicial to the power of the State. But if the iidiahit-
ants of these vast regions are not divided by contrary interests,
the extent of the territory may be favorable to their prosperity ;
for the unity of the Government promotes the interchange of the
dillerent productions of the soil, and increases their value by
facilitating their consum{)tion.

It is indeed easy to discover different interests in the didcrent
parts of the Union, but I am unacquainted with any which are
hostile to each other. The Southern States are almost exclu-
sively agricultural : the Northern States are more peculiarly
commercial and manufacturing : the States of the ^Vest arc at
the same time agricultural and manufacturing. In the South

* Sec Darby's View of tlie riiitod States, pp. 04 and 79.

t See Darby's View of the Ignited States, p. A'.ib. [In Carey and Lea's fii>o-
graphy of America, the United States are said to form an area of 2,070,400 stiuaie
mAes,— Translator's Note.']

371

the crops consist of tobacco, of rice, of cotton, and of sugar ;
in tlie North and the West, of wheat and maize :. these are dif-
ferent sources of wealth ; but union is the means by which
these sources are opened to all, and rendered equally advanta-
geous to the several districts.

Tlie North, which ships the produce of the Anglo-Americans
to all parts of the world, and brings back the produce of the
globe to the Union, is evidently interested in maintaining the
confederation in its present condition, in order that the number
of American producers and consumers may remain as large as
possible. The North is the most natural agent of communica-
cation between the South and the West of the Union on the
one hand, and the rest of the world upon the other ; the North
is therefore interested in the union and prosperity of the South
and the West, in order that they may continue to furnish raw
materials for its manufactures, and cargoes for its shipping.

The South and the West, on their side, are still more directly
interested in the preservation of the Union, and the prosperity
of the North. The produce of the South is for the most part
exported beyond seas ; the South and the West consequently
stand in need of the commercial resources of the North. They
are likewise interested in the maintenance of a powerful fleet
by the Union, to protect them eilicaciously. The South and
the West have no vessels, but they cannot refuse a willing sub-
sidy to defray the expenses of the navj ; for if the fleets of
Kiuope were to blockade the ports of the South and the delta
of the Mississippi, what would become of the rice of the Caro-
linas, the tobacco of Virginia, and the sugar and cotton which
firow in the valley of the Mississippi ? Every portion of the
Federal budget does therefore contribute to the maintenance of
material interests which arc common to all the confederate
States.

Independently of this commercial utility, the South and the
West of the Union derive great political advantages from their
connexion with the North. The South contains an enormous
slave population ; a population which is already alarming, and
still more formidable lor the future. The States of the West
lie in the remoter parts of a single valley ; and all the rivers
which intersect their territory rise in the Kocky ^Fountains or
in the Alleghanies, and fall into the INFississippl, which bears
tlioni onwards to tlie ( Jidfof Mexico. The Western States are
consequently entirely cut oil, by t'neir position, from the tradi-
tions of Europe and the civilization of the Old World. The

372

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inhabitants of the South, then, are induced to support the Union
in order to avail themselves of its protection against the
Blacks ; and the inhabitants of the West, in order not to be
excluded from a free communication with the rest of the globe,
and shut up in the wilds of central America. The North can-
not but desire the maintenance of the Union, in order to re-
main, as it now is, the connecting link between that vast body
and the other parts of the world.

The temporal interests of all the several parts of the Union
are, then, intimately connected ; and the same assertion holds
true respecting those opinions and sentiments which may be
termed the immaterial interests of men.

The inhabitants of the United States talk a great deal of
their attachment to their country ; but 1 confess that I do not
rely upon that calculating patriotism which is founded upon
interest, and which a change in the interests at stake may oblit-
erate. Nor do I attach much importance to the language of
the Americans, when they manifest, in their daily conversation,
the intention of maintaining the Federal system adopted by
their forefathers. A government retains its sway over a great
number of citizens, far less by the voluntar}' and rational con-
sent of the multitude, than by that instinctive, and to a certain
extent involuntary agreement, which results Irom similarity of
feelings and resemblances of opinion, I will never admit that
men constitute a social body, simply because they obey the
same head and the same laws. Society can only exist when a
great number of men consider a great number of things in the
same j^oint of view ; when they bold the same opinions upon
many subjects, and when the same occurrences suggest the
same tiioughts and impressions to their minds.

The observer who examines the present condition of the 1 ni-
ted States upon thk, princij)le, will readily discover, that al-
though the citizens arc divided into twenty-four distinct sovoi-
eignties, they nevertheless constitute a single peo|)le ; and he
may perhaps be led to think that the state of the Anglo-Ame-
rican Union is moretrnh' a state of society, than that of certain
nations of Europe which live under the same legislation anil
die same j)rince.

Although the Anglo-Americans have several religious sects,
they all regard religion in the same manner. They are not
always agreed upon the mcasutes which are most conducive 1o
good government, and they vary upon some of the forms of
government which it is expedient to adopt ; but they are unan-

373

imous upon the general principles which ought to rule human
society. From Maine to the Floridas, and from the Missouri to
the Atlantic Ocean, the people is held to be the legitimate
source of all power. 'JMie same notions are entertained respect-
ing liberty and equality, the liberty of the press, the right of
association, the jury, and the responsibility of the agents of
Government.

If we turn from their political and religious opinions to the
moral and philosophical principles which regulate the daily ac-
tions of life, and govern their conduct, we shall still find the
same uniformity. The Anglo-Americans* acknowledge the
absolute moral authority of the reason of the community, as
they acUnovvledge tlie 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 be-
lieve, that a man will be led to do what is just and good by fol-
lowing his own Interests, rightly understood. They hold that
every man is born in possession of the right of self-government,
and that no one has the right of constraining his fellow-crea-
tures to be happy. They have all a lively faith in the perfecti-
bility of man ; they are of opinion that the ellecls of the difl'u-
sion of knowledge must necessarily be advantageous, and the
consccjuences of ignorance fatal ; they all consider society as
a body in a state of improvement, humanity as a changing
scene, in which nothing is, or ought to be, permanent ; and
they admit that what appears to them to be good to-day may
be superseded by somctlilug better to-morrow. I do not give
all these opinions as true, but J quote them as characteristic of
the Americans.

The AngK)-Americans are not only united together by these
connnon opinions, but they are sc[)arated from all oth.er nations
by a common fueling of pride. For the last fifty years no pains
have been spared to convince the inhabitants of the Inlted
triad's that they constitute the only religious, enllglitened, and
free people. They perceive that, lor the present, their own de-
mocratic institutions succeed, whilst those of other countries
fail; hence th(>y conceive an overweening opinion of their su-
periority, and they are not very remote from believing them-
selves to belong to a distinct race of mankind.

* It i'^ sr.iiTcly tu'ccssiiry (or mi' to nltsprvo tliat by tlic exprc-ssion ,1»y?«-.1m«-
ricinis, I (iiilv mciiii to dt'siiriiiite tlio gii'iit iiiaiority of the iiiitioii ; for a rcrlaiii
numlicr oi'isolutod iiidiviiliials are ol'toiuse to be met with holding very ditlereut
opinions.

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374

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The danj^ers which threaten the American Union do not ori-
ginate in tlie diversity of interests or of opinions ; but in the
various characters and passions of the Americans. The men
who inhabit the vast territory of the United States are ahnost all
the issue of a common stock ; but the effects of the climate, and
more especially of slavery, have gradually introduced very strik-
ing differences between the British settler of the Southern States,
and the British settler of the North. In Europe it is generally
believed that slavery has rendered the interests of one part of
the Union contrary to those of another part ; but I by no means
remarked this to be the case ; slavery has not created interests
in the South contrary to those of the North, but it has modified
the character and changed the habits of the natives of the South.

I have already explained the influence which slavery has ex-
ercised upon the commercial ability of the Americans in the
South ; and this same influence equally extends to their manners.
The slave is a servant who jiever remonstrates, and who submits
to everything without complaiut. He may sometimes assassi-
nate, but he never withstands, his master. In the South there
are no families so poor as not to have slaves. The citizen of
the Southern States of the Union is invested with a sort of do-
mestic dictatorship from his earliest years ; the flrst notion ho
acquires in hfe is, that he is born to command, and the first habit
which he contracts is that of brine; obeved without resistance.
His education tends, then, to give hiui the character of a sMj)er-
cihous and a hasty man ; irascible, violent, and ardent in his
desires, impatient of obstacles, but easily discouraged if he can-
not succeed upon iiis first attemj)t.

The American of the Northern States is surrounded by no
slaves in his childhood ; he is even unattended by free servants;
and is usually obliged to {)rovide for his own wants. Nt) sooner
does he enter the world than the idea of necessity assails him on
every side : he soon learns to know exactly the natural limit of
i-is authority ; he never expects to subdue those who withstand
him, by force; and he knows that the surest means of obtaininii'
the su])port of his fellow-creatures, is to win their favor. He
therelbre becomes ])atient, reflecting, tolerant, slow to act, and
persevering in his designs.

In the Southern States the more immediate wants of life arc
always suj)plied ; the inhabitants of those parts are not busied
in the material cares of li((>, which are always jjrovided for by
others ; and their imagination is diverted to n)ore captivating
and less definite objects. The American of tlie South is fond

ucd if he cau-

375

of grandeur, luxury, and renown, of gaiety, of pleasure, and
above all of idleness ; nothing obliges him to exert himself in
order to subsist ; and as he has no necessary occupations, he
gives way to indolence, and does not even attempt what would
be usefid.

But the equality of fortunes, and the absence of slavery in
the North, plunge the inhabitants in those same cares of daily
life which are disdained by the white population of the South.
They are taught from infancy to combat want ; and to place
comfort above all the pleasures of the intellect or the heart.
The imagination is extinguisherl by the trivial details of hfe ;
and the ideas become less numerous and less general, but far
more practical and more precise. As prosperity is the sole aim
of exertion, it is excellently well attained ; nature and mankind
are turned to the best pecuniary advantage ; and society is dex-
terously made to contribute to the welfare of each of its mem-
bers, whilst individual egotism is the source of general happiness.
The citizen of the North has not only experience, but know-
ledge : nevertheless he sets but little value upon the pleasures
of knowledge ; he esteems it as the means of obtaining a certain
end, and he is only anxious to seize its more lucrative applica-
tions. The citizen of the South is more given to act upon im-
pulse ; he is more clever, more frank, more generous, more
intellectual, and more brilliant. The former, with a greater
degree of activity, of common sense, of information, and of gene-
ral aptitude, has the characteristic good and evil qualities of the
middle classes. The latter has the tastes, the prejudices, the
weaknesses, and the magnanimity of all aristocracies.

If two men are united in society, who have the same interests,
and to a certain extent the same opinions, but dilferent charac-
ters, dillcrent acquirements, and a dilierent style of civilization,
it is probable that these men will not agree. The same remark
is applicable to a society of nations.

Slavery, then, docs not attack the American Union directly in
its interests, but indirectly in its manners.

The States which gave their assent to the Federal Contract in
1790 were thirteen in number ; the Union now consists of twenty-
four members. The population which amounted to nearly four
millions in 1790, had more than tripled in the spate of forty
years ; and in 18t30 it amounted to nearly thirteen millions.*
Changes of such magnitude cannot take place without some
danger.

• Census of 1790 3,029,328.

1830 12,856,105.

I*'
I

tet'i

376

A society of iiation!5, as >vell as a socloty of individuals, de-
rives its prinripal cliances of duration from tlio wisdom of its
members, tlieir individual weakness, and tlicir limited number.
The Americans who quit the coasts of the Atlantic Ocean to
plung'e into the western wilderness, arc adventurers impatient of
restraint, p^reedy of wealth, and frecjuently men expelled from the
States in which they were born. When they arrive in the deserts,
they are unknown to each other ; and they have neither tradi-
tions, family feeling", nor the force of example to check their ex-
cesses, '{'he empire of the laws is feeble amongst them ; that of
morality is still more powerless. The settlers ^^ ho are constantly
peopling the valley of the .Mississijipi are, then, in every respect
very inferior to the Americans who inhabit the older jiarts of the
Union. Nevertheless, they already exercise a great inlluence in
its councils; and they arrive at the government of the connnon-
wealth before they have learnt to govern themselves.*

The g^reater the indi\'idual weakness of each of the contract-
ing parties, the g:reater are the chances of the duration of the
contract ; for their safety is then dependent upon their union.
When, in .17{)(), the most poj)ulousof the American republics did
not contain 500,(1(1(1 iiihubitantst, each of them felt its own insig-
nificance as an independent ])eople, and this feeling retulered
compliance with the Federal authority more easy. IbU when
one of the confederate States reckons, like the State of Mew
York, two millions of inhabitants, and covers an extent of terri-
tory equal in surface to a quarter of France, J it feels its own
strength ; and although it may contiime tosupj)ort the L nion as
advantagreous to its j)rosperity, it no lonuer regards that body a?
necessary to its existence ; and, as it continues to belong to the
Federal compact, it soon aims at preponderance in the Federal
assemblies. The probable unanimity of the States is diminished
as their number increases. At present the interests of the (lifer-
ent parts of the L'nion are not at variance ; but who is able to
foresee the multifarious changes of the future, in a country iu
w Inch towns are founded from day to day, and States almost from
year to year ?

Since the first settlement of the ]^ritish Colonics, the number
of inhabitants has about doubled every twenty-two yi^n-s. 1

* This indeed is only ii temporary daiigi-r. I have tio doubt tliat in time society
will assume as much stahiiily and regularity in tlio West, as it has already done
upon the roast of the Atlantic Oi'can.

t Pennsylvania contained 41!] ,157:5 inhabitants in 17!H).

I The area of the State of New- York is about 40,000 square miles. See
Carey and Lea's Amcricau Gcogra^ihy, p. 142.

377

miles. See

perceive no causes which are likely to check this progressive
increase of the Anj^lo- American population for the next hundred
years ; and before that space of time hus elapsed, I believe that the
territories and dependencies of the United States will be covered
by more than a hundred millions of inhabitants, and divided into
forty States.* I admit that these hundred millions of men have
no hostile interests ; I suppose, on the contrary, tliat they are all
equally interested in the maintenance of the Union ; but I am
slill of opinion, that where there are a hundred millions of men,
and forty distinct nations, unequally strong, the continuance of
the Federal Covernment can only be a fortunate accident.

Whatever fahh I may have in the perfectibility of man, until
human nature is altered, and men wholly transformed, 1 shall
refuse to believe in the duration of a government which is called
np(»n tn hold together forty diflbrent peoples, disseminated over
a territory equal to one half of Europe in extent ; to avoid all
rivalry, ambition, and struggles between thum ; and to direct
their independent activity to die accomplishment of the same
designs.

]3ut the greatest peril to which the Union is exposed by its in-
crease, arises from the continual changes which take place in the
position of its internal strength. The distance from Lake Su-
perior to die GuK of Mexico extends from the 47th to the 3Uth
degree of latitude, a distance of more than twelve hundred
miles, as the bird Hies. The frontier of the United States winds
along the whole of this immense line ; sometimes falling within
its limits, but more frequently extending far beyond it, into the
waste. It has been calculated that the whites advance every
year a mean distance of seventeen miles along the whole of this
vast boundary.f Obstacles, such as an unproductive district, a
lake, or an Indian nation unexpectedly encountered, are some-
times met with. The advancing column then halts for a while ;

* If the population coiitiimcsto double (>vpiy twenty-twn y(<ars, as it has done
for the last two hundred years, the number of inliabitants in the United States in
]8r)'i will be twenty millions; in 1874, forty-eij^ht millions; and in 18i)l), ninety-
six millions. This may still be the ca.se even if the lands on the western slope of
the Rocky Mountains should be found to he unfit for cultivation. The territory
which is already occupied can easily contain this number of inhabitants. One
liutidred millions of men disseminated over the surface of the twenty-four States,
and the three tiependeneies, which constitute the Union, would only jjive 7()"2 in-
habitants to the H(piare league; this would be fir below the mean population of
Trance, which is I, (163 to the square lean;iie; or of England, which is 1,457 ; and it
would even he below the population of Switzerland, for that country, notwith-
standing its lakes and mountains, contains 783 inhabitants to the square league.
(See Mallebrun, vol. vi. p. 92.)

t See Ljgislative Documents, 20th Congress, No. 117, p. 105.

378

fr
IIP
t*'
t

{

' 1

its two extremities fall back upon themselves, and as soon as they
are re-unitcd they proceed onwards. This p^rndual and continu-
ous progress of the P^uropcan race towards the llocky ^[oun-
tains has the solemnity of a providential event; it is like a de-
luge of men rising unabatedly, and daily driven onwards hy the
haud of God.

Within this first line of conquering settlers, towns are built,
and vast States founded. In ]7J)() there were only a few thou-
sand pioneers sprinkled along die valleys of the ^Mississippi ; and
at the present day these valleys contain as many iidial)itants as
were to be found in the whole Union in 1700. Their j)opulation
amounts to nearly four millions.* The city of Washington was
foiuided in IJ^OO, in the ver v_centre o f the Tnion ; but such are
the changes which have tid^rti place, that it now stands at our of
the extremities ; and the delegates of the most remote Western.
(Stales are already obliged to perform a journey as long as that
from A'ienna tq I'aris.t

All the States are borne onwards at the same time in die

path of fortune, but of course they do not all iucrease and pros-

potin the same proportion. To the North of the Union the

jiv/ffetached branches of the Alleghany chain, which extend as far

"•yas the Atlantic Ocean, form spacious roads and ports, whicii

^V^y ■are constantly accessible to vessels of the greatest burden. Ent

■;!^MK)m the Potomac to the mouth of the Mississippi, the coast is

. M. Bandy and flat. In this part of the Union the mouths of almost

y > all the rivers are obstructed ; and the few harbors which exist

amongst these lagunes, afl'ord much shallower water to vessels,

and much fewer commercial advantages than those of the

North.

This first natural cause of inferiority is united to another
cause proceeding from the laws. We have already seen that
slavery, which is abolished in the North, still exists in the South ;
and I have pointed out its fatal consequences upon the prosper-
ity of the plE ner himself.

The North is therefore superior to the South both in com-
merce:!: and manufacture ; the natural consequence of whicli is

* 3.672,317; Census of 1830,

t The distance from JefTerson, tlie capital of the State of Missouri, to Washing-
ton is 1,019 miles. (American Ahnanac, ]8;{1, p. 4rf.)

t The following statements will sutVice to show the diflerence which exists
between the commerce of the South and that of the North.

In 11^29 the tonnage of all the merchant-vessels belonging to A'^irginia, the two
Carolinas, and Georgia, (the four great Southern States.) amounted to only ^>,'2i'.i
tons. In the same year the tonnage of the vessels of the State of Massachusetts
alone, amounted to 17,328 tons. (See Legislative Documents, 21st Congress,

I ■ :!

379

the more rapid increase of population and of wealtii within its
borders. The Slates situate upon the shores of the Atlantic Ocean
are already half-peopled. Most of the land is held by an owner;
and these districts cannot therefore receive so many emigrants
as the Western States, where. a boundless field is still open to
their exertions. The valley of the Mississippi is far more fertile
than the coast of the Atlantic Ocean. This reason, added to
all the others, contributes to drive the Europeans westward, —
a fact which may be rigorously demonstrated by figures. It is
found that the sum total of the population of all the United States
lias about tripled in the course of forty years. But in the re-
cent States adjacent to the Mississippi, the population has in-
creased thirty-one fold, within the same space of time.*

The relative position of the central Federal power is contin-
ually displaced. Forty years ago the majority of the citizens
of the Union was established upon the coast of the Atlantic, in
the environs of the spot upon which Washington now stands ;
but the great body of the people is now advancing inland and
to the North, so that in twenty years the majority will unques-
tionably be on the western side of the Alleghanys. If the
Union goes on to subsist, the basin of the Mississippi is evi-
dently marked out, by its fertility and its extent, as the future
centre of the Federal (Jovernment. In thirty or forty years,
that tract of country will have assumed the rank which natu-
rally belongs to it. It is easy to calculate that its population,
compared to that of the coast of the Atlantic, will be, in round
numbers, as 40 to 11. In a few years the States which found-
ed the Union will lose the direction of its policy, and the popula-
tion of the valleys of the Mississippi will preponderate in the
Federal assemblies.

'I'liis constant gravitation of the Federal power and influence

2(1 Session, No 1 10, i).244.) Thus tlie State of Massnclmsetts lias three times as much
shijiiiitij; us till! (bur alxivii-uieiitioned States. Mevertiieless the area ol'tlie State of
.Ma-;sachiis(!tts is only 7,I5;{.') scjiiare miles, and its po[iii!ation amonntsto dlO 014in-
lial)itaiits; whilst the area ofthe four other States I have quoted is 210,000 square
miles, and their jiopulation ;},()47,7(i7. Thus the area of the State of Massacimsetts
forms only om'-thirtietii jiart of the area of tiie four States ; and its po|inlation is five
times smaller than theirs. (See Darby's View of the I'nited States.) Slavery is pre-
judical to the coniinercial prosperity of the South in several dili'erent ways; by
diiiiiiiislnnir the spirit of enterprise among the whites, and by preventing them
from UKM.'ting with as nmnerous a class of s-ulors as they require. Sailors are
usually taken from the lowest ranks of the population. But in the Southern
States these lowest ranks are composed of slaves, and it is very ditliciilt to emjiloy
them at sea. Tlicy are unable to serve as well as awhile cnnv, and apprehen-
sions would always be entertained of their mutinying in the middle of the ocean,
or of their escaping in the foreign countries at which they might touch.
* Darby's View of the Uuited States, p. 444.

..1^

380

pit

t* .j'j

'iir-

-j»i

J.
1

towards the North-west, is shown every ten years, when a gene-
ral census of the population is made, and the nrmber of dele-
gates which each iState sends to Congress is settled afresh.*
In .1790 Virginia had nineteen representatives in Congress.
This number continued to increase until the year 1813, when
it reached to twenty-three : from that time it began to decrease,
and in 1833, Virginia elected only twenty-one representatives.!
During the same period the State of New York progressed in
tlie 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 representa-
tive in 1803, and in 3833 it had already nineteen.

It is difficult to imagine a durable union of a people which Is
rich and strong, Avith one which is poor and weak, even if it
were ])rov('d that the strrnglh and wealth of the one are not tlio
causes of the weakness and poverty of the other. But union is
still more dinicult to maintain at a time at which one party is
losing strength, and the other is gaining it. This rapid and
disj)roj)ortionate increase of certain States threatens the independ-
ence of the others. New York might perhaps succeed, with its
two millions of inhabitants and its forty representatives, in dicta-
ting to the other States in Congress. But even if the more

* It may be seen that in tlie course of the last ton years (1820—18:10) the jiopii-
J.'ition of one district, as, for ijistuiice, the State of Ueiawnre, has increased in the
proi)ortioti of 5 per cent.: wiiiist that of another, as the territory of Miclii^an, has
increased '-i'yi) per cent. Thus the popuhition of Virginia liad augmented 13 per
rent., and that of tiie border State of Ohio til percent., in the same sjiace of tinie.
The general table of tiiese changes, whieii is given in the National Calendar, dis-
plays a .striking picture of the unetpial fortunes of the ditlerent States.

t It has just been said that in tiic course of the last term the population of Vir-
ginia has increased 115 per cent.; and it is necessary to e.xplam how the nunilicr
of representatives for a State may decrease, when the population of that State, Cur
from diminishing, is actually upou the increase. I take the State of Virginia,
to which I have already alluded, as my term of comparison. The number of re-
presentatives of Virginia in 182:{ was proportionate to the total number of the
representatives of the Union, and to the relation which its population bore to that
of the whole Union; in Ir^olJ, the number of representatives of Virginia was like-
wise proportionate to the total number of the representatives of the Union, and
to the relation which its population, augmented in the course of ten years, bore
to the angmente I population of the Union in the same space of tune. The new
I'umber of Virginian representatives will then be to the old number, on the one
hand, as the new number of all the representatives is to the old number; and, on
the other hand, as the augmentation of the population of Virginia is to that of the
whole population of the country. Thus, ii'the increase of the population of the
les.ser country be to that of the greater in an exact inverse ratio of ttie proportion
between the new and the old numbers of all the representatives, 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 repre,sentativesof the Union to the old number, the number of the
representatives of Virgiiiiu must decrease.

381

"tmie. The new

powerful States make no attempt to bear down the lesser ones,
the danp:ei' still exists ; for there is almost as much in the possi-
bility of the act as in the act itself. The weak generally mistrust
the justice and the n^uson of the strong. The States which in-
crease loss rapidly than the others, look npon those which are
more favonnl by fortune with envy and suspicion. Hence arise
the dcop-seati'd uneasiness and ill-dofmed 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 rnlon. I am inclined to think that the hostile meas-
ures taken by the Southern jirovinces npon a recent occasion,
are attributable to no other cause. The inhabitants of the
Southern States are, of all the Americans, those who are most
interested in the maintenance of the Union ; they would assuredly
sull'er most from being left to themselves; and yet they are the
only citl'/.ens who threaten to break the tie of coufederation.
litit it is easy to perceive that the South, which has given four
rresldents, Washington, .leflerson, Madison, and jNIonroe, to
the Cnion ; Mhich perceives that it is losing its Federal influence,
and that the number of its representatives in Congress is dimin-
ishing from year to year, whilst those of the Northern and
Western States are Increasing ; the Soudi, which is peopled
with ardent and irascible beings, is becoming more and more
irritated and alarmed. The citizens reflect npon their present
jiosition and remember their past inf-hience, with the melancholy
uneasiness of men who sus[)ect oppression : if they discover a
law of the 1 nlon which is not unequivocally favorable to their
interests, they [irotest against it as an abuse of force ; and if
their ardent remonstrances are not listened to, they threaten to
quit an association which loads them with burdens whilst it de-
prives them of their due profits. " The Tarifl," said the inhab-
itants of Carolina in 1S'>"i, "enriches the Mortli, and ruins the
South ; for if this were ncit the case, to what can we attribute
t\w continually increasing power and wealth of the North, with
its iiicleinent skies and arid soil ; whilst the South, which may
be styled the garden of America, is rapidly declining."*

If the changes which I iiave <1escril)ed were gradual, so that
each generation at least might liav(^ time to disappear with the
order of things under which It had lived, the danger would be
less; but the progress of society in America is precipitate, and
almost revolutionary. The same cili/-cn may have lived to see

* See tlio report of its committee to tlie Convention, which proclaimed the nul-
lification of the TuriU'iu South Curohuu.

■ V^^

I, ■!

i !

-i ■

S82

^li ''H

his State take the lead in the T^nion, and aftcnvards hecomo
powerless in the Federal assemhlies ; and an Aniflo-American
repnblic has been known to ^row as rapidly as a man, passiiitr
from birth and infancy to maturity in the course of thirty years.
It must not be ima'j;ined, however, that the States whicli lose
their pre[)onderance, also lose their po))ulation or their riches ;
no stop is put to their prosperity, and they even tfo on to iucr(>ase
more rapidly than any kini;(loni in Europe.* liut they l)elieve
themselves to be impoverished because their wealth does not
augment as rapidly as that of their neii^hbors ; and they think
that their power is lost, because they suddenly come into colli-
sion with a power fji^reater than their own :t 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 kinj^s and peoples had only had their true interests
in view, ever since the bef;innint!; of the world, the name of war
would scarcely be known amonii* mankind.

Thus the prosperity of the liniled Slates is the source of the
most serious dangers that threaten them, since it tends (o create
in some of the confederate t3tates that over-excitement whicli
accompanies a rapid increase of fortune ; and to awaken in
others those feelings of envy, mistrust, and regret which usually
attend upon the loss of it. The Americans contemplate this
extraordinary and hasty progress with exultation ; but they
would be wiser to consider it with sorrow and alarm. The
Americans of the United States must inevitably become one of
the greatest nations in the world ; their offset will cover almost
the whole of North America ; the continent which they iidiabit
is their dominion, and it cannot escape them. What urges
them to take possession of it so soon ? l^iches, power, and re-
nown cannot fail to be theirs at some future time, but they rusli
upon their fortune as if but a moment remained for them to
make it their own.

* The population of ii country ns«iirc(llv fonstitiitos tlio first clement of its
wealtii. In the ten years CI*-" — 18l{();, (iiirii-i,' which Viiginia lost two of its
representatives in Coiiffress. its popnhiti mi icci eased in the proportion of 115-7
per cent. ; that ofCurohna in the pro|)urtioi; o!' !;'> jjer ct;nt ; and that ol'Cicorcia
51 5 per rent. (See the .American Ahnaiiac. Ir<;?'i. p. HV2.) Put the popnlatKUi
of Rnssia, which increases more rapidly than that of any other Kinopean coiinlry,
only anpnients in ten years at the rate of '.)-5 per cent.; in rr.mce at the rate of
7 per cent.; and in Kuropu in general at the rate of 4-7 per cent. (See Alaltc-
brun, vol vi. p. !).').)

t It must he admitted, however, that the depreciation which has taken place
in the vahie of tohacco, dnrini; the last fifty years, has notably diminished the
opulence of the Honthern planters: hnt this circninstancc is us independent of
the will of their Nortbera bretlireu, as it is of their own.

383

T think that I have dcmonstratod, that the existence of the
present oonlt'deraiion (lopcnd^i entirely on the continued assent
of all the eonl'ederates; and, stariiff^' from this principle, 1 have
inquired into the causes which may induce the several Stales to
sL'parate Croni the others. The Union may, however, perish in
two ditlerent w ays : one of the confederate States may choose
to retire from the cojnpact, Pud so forcibly to sever the Federal
tie; and it is to this supposition that most of the remarks that I
have made apply : or the authority of the Federal Govern-
ment may he pro^n-esslvely intrenched on by the simultaneous
tendency oi the united republics to resume their intlependence.
The central power, successively stripped of all its prerogatives,
and reduced to impotence by tacit consent, would become in-
eoinpeient to fullill its purpose; and the second Union would
j)erish, like the Hrst, b^ a sort of senile inaptitude. The gra-
dual weakening of the Feileral tie, which n)ay finally lead to
the dissolution of the l'nion,is a distinct circmnstance, that may
produce a variety of minor consequences before it operates so
violent a change. The confederation might siill subsist, al-
though its (iovernment were reduced to such a degree of inan-
ition as to paralyze the nation, to cause internal anarchy, and
to check the general pros|)erity of the country.

After having investigated the causes which may induce tiie
Anglo-Americans to disunite, it is important to inquire whether,
if the Union continues to subsist, their Government will extend
or contract its sphere of action, and whether it will become more
energetic or more weak.

The Americans are evidently disposed to look upon their
future condition with alarm. They perceive that in most of
the nations of the world, the exercise of the rights of sovereign-
ty tends to fall under the control of a few individuals, and they
are dismayed by ihe idea that such will also be the case in their
own country. FiVen the statesmen feel, or adect 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 fact of the Union being composed of
dilTerent confederate communities, is suflicent to bailie all the
inferences which might be drawn from analogous circumstan'
ces. I confess that I am inclined to consider the fears of a
great number of Americans as purely imaginary ; and far from

,lf..

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In.

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5'J

384

participating in their dread of the consolidation of power in the
hands of the Union, I think that the Federal Government is
visibly losing strength.

To prove this assertion I shall not have recourse to any re-
mote occurrences, but to circumstances which I have myself
witnessed, and which belong to our own time.

An attentive examination of what is going on in l!ie United
States, will easily convince us that two opposite tendencies ex-
ist in that country, like two distinct currents flowing in contra-
ry directions in the same channel. The Union has now existed
for forty-five years, and in th.e course of that time a vast num-
ber of provincial prejudices, which were at first hostile to its
power, have died away. The patriotic feeling which attached
each of the Americans to his own native Stale is become less
exclusive ; and the different parts of the Union have beconie
more intimately connected the better they have become ac-
quainted with each otiier. The Post,* that great instrurr.ent
of intellectual intercourse, now reaches into the back-woods ;
and steam-boats have established daily means of communica-
tion between the difl'erent points of the coast. An inland na-
vigation of unexampled rapidity conveys commodities up and
down the rivers of the country -j- And to these facilities of
nature and art may be added those restless cravings, that busy-
mindedness, and love of pelf, which are constantly urging the
American into active lif:, and bringing him into contact with
his fellow-citizens. He crosses the country in every direction ;
he visits all the various populations of ihe land ; and there is
not a province in France, in which the natives are so well
known to each other, as the thirteen millions of men who cover
the territory of the United States.

But whilst the Americans intermingle, they grow in resem-
blance of each other ; the diflerences resulting from their cli-
mate, their origin, and their institutions, diminish ; and they all
draw nearer and nearer to the common type. Every year,
thousands of men leave the North to settle in different parts of

* Tn 1832, the district of Michigan, which only contains 31, fir?") inhiil)itants, and
is still an aUnost nnexplorcid wilderness, possosiJed Old miles of mail-roads. The
territory of Arkansas, wiiich is still more nncnitivatpd, was already intersected liy
1,938 miles of mail-roads. (See Report oftlie ticneral Post (Jllice, 3(Ith Noveui-
ber. 1H33.) The postage of newspapers alone in the whole Union amounted to
254,79(j dollars.

t In the course of ten years, from 1821 to ]H31,271 sfeamhoats have heen
launched upon the rivers which water tlie valley of tho Mississippi alone. In
1829,259 steamboats existed in the United States. See Legislative Documents,
Ko. 140, p. 274.

S85

W'; "

the Unio they bring with them their faith, their opinions, and
their man rs ; and as they are more enlightened than the men
amongst whom they are about to dwell, they soon rise to the
iiead of afiairs, and they adapt ;• iety to their own advantage.
This continual emigration of thei\orMi to the South is peculiarly
favorable to the fusion of all the difl'erent provincial characters
into one national character. The civilization of the North ap-
pears to be the common standard, to which the whole nation will
one day be assimilated.

The commercial ties which unite the confederate States are
strengthened by the increasing manufactures of the Americans;
and the union which began to exist i:i their opinions, gradu-
ally forms a part of their habits : the course of time has swept
away the bugbear thoughts which haunted the imaginations of
the citizens in 1789. The Federal power is not become op-
pressive ; it has not destroyed the independence of the States ;
it has not subjected the confederates to monarchical institu-
tions ; and the Union has not rendered the lesser States depend-
ent upon the larger ones : but the Confederation has contin-
ued to increase in population, in wealth, and in power. I am
therefore convinced that the natural obstacles to the continu-
ance of the American Union are not so powerful at the present
time as they were in 1789; and that the enemies of the Union
are not so numerous.

Nevertheless, a careful examination of the history of the United
States for the last forty-five years, will readily convince us that
the Federal power is declining ; nor is it difficult to explain
the causes of this ph.x'nomenon. When the Constitution of
1789 was promulgated, the nation was a prey to anarchy ; the
Union, which succeeded this confusion, excited much dread
and much animosity ; but it was warmly supported because it
satisfied an imperious want. Thus, although it was more at-
tiicked than it is now, the Federal power soon reached the
maximum of its authority, as is usually the case with a govern-
ment which triumphs after having braced its strength by Jie
struggle. At tha^ time the interpretation of tlie Constitution
seemed to extend, rather than to repress, the Federal sover-
eignty ; and the Uniok'. offered, in several respects, tlie ap-
pearance of a single and undivided people, directed in its for-
eign and internal policy by a single Government. But to
attain this point the people had risen, to a certain extent, above
itself.
The Constitution had not destroyed the distinct sovereignty
49

S8G

»«!*.

»SR:si

ITP.

1*'

'tor-

•'1

of the States ; and all communities, of whatever nature they
may be, are impelled by a secret propensity to assert their in-
dependence. Tills propensity is itill more decided in a coun-
try like America, in wliich every village fornif. a sort of repub-
lic accustomed to conduct its own affairs. It therefore cost the
States an effort to submit to the Federal supremacy ; and all
eflbrts, however successful they may be, necessarily subside
with the causes in which they originated.

As the Federal Government consolidated its authority,
America resumed its ratd< amongst the nations, peace returned
to its frontiers, and public credit was restored ; confusion was
succeeded by a fixed state of things which was favorable to the
full and free exercise of industrious enterprise. It "as this
very prosperity which made the Americans forget the cause to
which it was attributable ; and when once the danger was
passed the energy and the patriotism which had enabled tliem
to brave it disappeared from amongst them. No sooner were
they delivered fiom the cares which op|)ressed them, than they
easily returned to their ordinary habits, and gave themselves
up without i'csistance to their natural inclinations. When a
powerful (iovernment no longer appeared to be necessary, they
o.ice n)ore began to tliink it irksome. The LUiion encouraged
a general prosperity, and the States were not inclined to aban-
don the Union ; but they desired to render the action of the
power wliich represented that body, as light as possible. The
general principle of union was adopted, but in every minor
detail there was un actual tendency to independence. The
principle of confederation was every day more easily admitted
and more rarely applied; so that the Federal (Jovernment
brought about its own decline, whilst it was creating order and
peace.

As soon as this tendency of public opinion began to be mani-
fested externally, the leaders of parties, who live by the pas-
sions of the people, began to work it to their own advantage.
The position of the Federal Government then became exceed-
ingly critical. Its enemies were in possession of the popular
fav(>r; and they obtained the right of conducting its policy by
pledging themselves to lessen its influence. From that lime
forwards, the Cjovernmenl of the Union has invariably been
obliged to recede, as often as it has attempted to enter the lists
with the Governments of the States. And whenever an inter-
pretation of the terms of the P'ederal Constitution has been

387

called for, that interpretation has most frequently been opposed
to the Union, and favorable to the States.

Tlie Constitution invested the Federal Government with the
rigiit of providinjj for the interests of the nation ; and it had
been held that no other authority was so fit to superintend the
'internal improvements' which atlected the prosperity of the
whole Union ; such, for instance, as the cutting of canals.
But the States were alarmed at a power, distinct from their
own, which could thus dispose of a portion of their territory;
and they were afraid that the central Government would, by
*liis means, acquire a formidable extent of patronage within
their own confines, and exercise a degree of influence which
they intended to reserve exclusively to their own agents. The
democratic partv, which has constantly been opposed to the
inc ase of the Federal authority, then acct^sed the Congress
of usurpation, and the Chief Magistrate of ambition. The cen-
tral Government was intimidated by the opposition ; and it
soon acknowledged its error, promising exactly to confine its
iiitlueuce, for the future, within the circle whicli was prescribed
to it.

The Constitution confers uj)on the Union the right of treating
with Ibreign nations. The Indian tribes, which border upon the
frontiers of tlu; L'nitcd States, had usually been regarded in this
liudit. As long as these savages consented to retire before the
civilized settlers, the Federal ric^ht was not contested ; but as soon
as an Indian tribe attempted to fix its dwelling upon a given
spot, the adjacent States claimed possession of the lands and the
v'vj,\\ts of sovereiixntv over the natives. The central Government
soon recognized bot'a these claims ; and after it had concluded
treaties with the Indians as independent nations, it gave them up
as subjects to tlie leuislative tvrannv of the States.*

Some of the States which had been founded upon the coast of
tiie At!.i\uic, extended indefinitely to the West, into wild regions
\\h "'■■ 5 a Furopean had ever penetrated. The States whose
coi ' : " ^ vcre irrevocably fixed, looked with a jealous eye upon
the d' •; ; .nded r(>g!ons w'nich the liiture would enal)le their
neighbi,!s i e^;)lore. The latter then agreed, with a view to
cunriliate the olliers, and to facilitate the A<"t of Union, to lay
down their own boundaries, and to abandon all the territory

* Soo ill llic Li'iri-l.ifivc Dnemncnt-s alroady quotod In spnikin?; of the Indians,
tli(' letter of the l^rtvichiiit of Ih" Uiiiicd Stales to ihu ClieroivccH, his conu^spoiid-
euce ou this subject with liis ageiit^s, and his messages to Congress.

I'rf

388

.5.

•n

1
I

which lay beyond those limits to the confederation at large.*
Thenceforward the Federal Government became the owner of
all the uncultivated lands which lie beyond the borders of the
thirteen States first confederated. It was invested with the riecht
of parcelling and selling them, and the sums derived from this
source were exclusively reserved to the public treasure of the
Union, in order to furnish supplies for purchasing tracts of coun-
try from the Indians, for opening roads to the remote settlements,
and for accelerating the increase of civilization as much as pos-
sible. New States have however been formed in the course of
time, in the midst of those wilds which were formerly ceded by
the inhabitants of the shores of the Atlantic. Congress has gone
on to sell, for the profit of the nation at large, the uncultivated
lands which those new States contained. But the latter at length
asserted that, as they were now fully constituted, they ought to
enjoy the exclusive right of converting the produce of these sales
to their own use. As their remonstrances became more and more
threatening, Coi /oss thought fit to deprive the Union of a por-
tion' of the privilej * ich it had hitiie to enjoyed ; and at the
end of 1832 it passea law by which the greatest part of tlie
revenue derived from the sale of lands was made over to the new
western liepublics, although the lands themselves were not ceded
to them.f

The slightest observation in the United States enables one to
appreciate the advantages which the country derives from the
Bank. These advantages are of several kinds, l)ut one of them
is pecuharly striking to the stranger. The bank-notes of the
L iiited States are taken upon tiie borders of the desert for the
same value as at Philadelphia, where the Bank conducts its oper-
ations.J ^

The bank of the United States is nevertheless the ob. ct of
Creat anlmositv. Its directors have |)roclaimed their hostilitv to
the J^resident ; and they are accused, not witlmut some show of
probability, of having abused tiieir influence to thwart his clec-

* The first net of cession wis made by the Ptnte of New York in 1780 ; Vir-
giiiiii. Aliissiichiisetts, Coniiecticiit, .Siiiitli aiid iNorth Carolina, lbih)Wfd this cx-
aiiiple at diU'eri'Mt limes, a:ul hi.stly, tiie act of (•e>sion of Cieorgia wa^ made as
reeciilly as IHiri.

f It IS true th^t the President refused iiis .issent to this law ; but he completely
adopii'd it in |)riiicii)i(!. See \Ioss,i;^t> of dih December, ]ri.i',i.

t The j)n'sent Bankof ihe United States was established in 18IG, with a capital
of :i.'"),n()(), ()()() dollars; its charter expires in ]f''M). Last year < On^iress passtd a
law to^renew it hut the Piesidciu pntliis veto iii on the bill. The siriifrgle is still
going on with great violence ou either side, and the speedy fill of the Dank may
easily be foreseen.

389

on at large.*
the owner of
)rders of the
with the rie:ht
red from this
easure of the
I'acts of coun-
te settlements,
much as pos-

the course of
rly ceded by
^ress has j^one

uncultivated
atter at length
they ought to
e of these sales
riore and more
nion of a por-
d ; and at the
St part of the
>vcr to the new
vere not ceded

enables one to
,'es from the
t one of them
-notes of the
esert for the
ucts its oper-

the oh; ct of

'ir hostility to

^ome show of

wart his elec-

ik in 17.S0 ; Vir-
I'ollowcd tliis DX-
gia was iiiude as

Jilt lie completely

HIG, with a capital
oiiL'rf'ss passcti a

'he stnigjile is still
of the liaiik may

tion. The President therefore attacks the establishment which
they represent, with all the warmth of personal enmity ; and he
is encouraged in the pursuit of his revenge by the conviction that
he is supported by the secret propensities of the majority. The
Bank may be regarded as the great monetary tie of the Union,
just as Congress is the great legislative tie ; and the same pas-
sions which tend to render the States independent of the central
power, contribute to the overthrow of the Bank.

The Bank of the United States always holds a great number
of the notes issued by the provincial banks, which it can at any
time oblige them to convert into cash. It has itself notjiing to
fear from a similar demand, as the extent of its resources enables
it to meet all claims. But the existence of the provincial banks
is thus threatened, and their operations are restricted, since they
are only able to issue a quantity of notes duly proportioned to
their capital. They submit with impatience to this salutary con-
trol. The newspapers which they have bought over, and the
President, whose interest renders him their instrument, attack the
Bank with the greatest vehcMncnce. They rouse the local pas-
sions, and the blind democratic instinct of the country to aid
their cause ; and they assert that the Bank-directors form a per-
manent aristocratic body, whose influence must ultimately be felt
in the Government, and must ailecl those principles of equality
upon which society rests in America.

The contest between tiie Bank and its opponents is only an
incident in the great struggle which is ^ing on in America be-
tween the provinces and the central power ; between the spirit
of democratic indcpemlence, and the spirit of gradation and sub-
ordination. I do not mean that the enemies of the Bank are
idciitir.dly the same individuals, who, on other points, attack
the Federal (lovernnient; but I assert that the attacks directed
against the Bank of the Initial States, originate in the same
propensities which militate against the Federal Government;
and that the very niunorous opponents of ihe former aflbrd a
deplorable symptom of the decreasing support of the latter.

'i'he Union has never di>})layed so much weakness as in the
celebrated question of the Tarilf.* The wars of the French re-
volution and of liSri had created nuinufacturlng establishments
in the North of the Union, by cutting oil" all free communication
between America and Europe. When peace was concluded,
and the channel of intercourse re-opened, by which the pro-

* See prijici pally for the details of this alVuir, the Legislulive Documents, 22d
Congress, 2(1 Sessiou, No. 30.

rji

Sdo

C'ttvm

sail

ti'

(il'i

duce of Europe was transmitted to the New World, the Ameri-
cans thougiit fit to establish a system of import duties, for the
twofold purpose of protecting their incipient manufactures, and
of payincr off the amount of the debt contracted during the war.
The Southern States wiiich have no manufactures to encouraire,
and which are exclusively agricultural, soon complained of this
measure. Such were the simple facts, and I do not pretend to
examine in this place wliether their complaints were well-founded
or unjust.

As early as the year 1820, South Carolina declared, in a
petition to Congress, that the Tarifl' was " unconstitutional, op-
pressive, and unjust." And the States of Georgia, Virginia,
North Carolina, Alabama, and Mississippi, subsequently remon-
strated against it with more or less vigor. But Congress, far
from lending an ear to these complaints, raised the scale of
Tariff duties in the years 1824 and 1828, and recognised anew
the principle on which it was founded. A doctrine was tlien
proclaimed, or rather revived, in the South, which took the
name of Nullification.

I have shown in the proper place that die object of the Fede-
ral Constitution was not to form a league, but to create a na-
tional Covernment. The Americans of the United States form
a sole and undivided pcoj)le, in all the cases which are specified
by that Constitution ; and upon these points the will of the na-
tion is expressed, as it is in all constitutional nations, by the
voice oi the majority. ^\V hen the majority has pronounced its
decision, it is the duty of the minority to submit. Such is the
sound legal doctrine, and the oidy one which agrees with the
text of the Constitution, and the known intention of those wlio
framed it.

The partisans of Nullification in the South maintain, on the
contrary, that the intention of the Americans in uniting was not
to reduce themselves to the condition of one and the same j)eo-
ple ; that they meant to constitute a league of independent
States ; and that each State, conse(|uently, retains its entire
sovereignty, if not dc facto, ^f least dcjurc; and has the right of
putting its own construction upon the laws of Congress, and of
suspending their execution within the limits of its own territory,
if they are held to be unconstitutional or unjust.

The entire doctrine ol'Nidliiication is comprised in a sentence
uttered by \'icc-]^-csident Calhoiui, the head of that party in the
South, before the Senate of the United Stales;; in the year 18o;3.
" The Constitution is a compact to Avhich the States were par-

'W'r

ff>,'

d, the Amerl-
1 II ties, for the
ifactures, and
uing the war.
to encouraire,
ilained of this
ot pretend to
J well-founded

Jeclnred, in a
titutional, op-
■ffia, Virginia,
nently remon-
Congross, far
i the scale of
•ognised anew
•iiie was then
liich took the

;t of the Fede-
crcato a na-

ed States form

|i are specified

ill of the na-

ations, by the

)ronoiinced its
Such is the
rees with the
of those who

intain, on the
niting was not
J he saniff ))eo-
Independent
ins its entire
as the right of
iiiiress, and of
own territory,

[1 in a sentence
It party in the
he year INoo.
tes were par-

891

lies in their sovereign capacity ; now, \vhenever a contract is
entered into by parties which acknowledge no tribunal above
their authority to decide in the last resort, each of them has a
right to judge for itself in relation to the nature, extent and ob-
ligations of the instrument." It is evident that a similar doc-
trine destroys the very basis of the Federal Constitution, and
brings back all the evils of the old Confederation, from which
the Americans were supposed to have had a safe deliverance.

When South Carolina perceived that Congress turned a deaf
ear to its remonstrances, it threatened to apply the doctrine of
nullification to the Federal Tariff bill. Congress, persisted in
its former system ; and at length the storm broke out. In the
course of 1832 the citizens of South Carolina* named a National
Convention, to consult upon the extraordinary measures which
they were called upon to take; and on the 2lth November of
t'lje sam& year, this Convention ])romuIgated a law, under the
form of a decree, wliicli annulled the Federal law of the Tariff,
forbade the levy of the imposts which that law commands, and
refused to recognise the appeal which might be made to the
Federal courts of law.f This decree was only to be put into
execution in the ensuing month of Fe])riiarv, and it was intima-
ted, that if Congress modified the Tariff before that period,
South Carolina might be induced to proceed no further with her
menaces ; and a vague desire was afterwards expressed of sub-
mitting the question to an extraordinary assembly of all the
confederate States.

In the mean time South Carolina armed her militia, and pre-
pared for war. But Congress, wiiich had slighted its suppliant
subjects, listened to their com})laiuts as soon as they were found

* That is to say, tlu; niajoriiy ofllie people; for the opposiio party, cnllod the
Union i)any, al'.vays foniHMl a very stronj^ and active minority. Carolina may
contain about 47,000 t lectors; '3l),t 00 were in I'avor of nullification, and 17,C0O
opposed to it.

t This de(;'i"n was preceded by a Ueport of the Committee by wiiich it was
framed, coiitaininji liie explanation of the motives and object of the law. The
follow inj; passa;:e occurs in it. p. :5t. " U'lieu the ri;;Kls reserved by the Consti-
tution to the diliereiit Stales are d' liberatidy violated, it is liie duty and the right
of those States to interfere, in order to clieiU llie pi ogress rd" the evil, to resist
usurpation, and to maintain, wilhin their resjieclive limits, tliosepowers and priv-
ilej^es which belong to them .as iiulipnnlnit ti'jreriian Slutis. If they were desti-
tute of this right, they would not be soverei.'ii. South Carolin.-x declares that she
acknowledges no tribunal upon earth abixe her authority. She has indpod en-
tered into u solemn compact of union with the other States; but she demands,
and will exercise, the right of putting her own construction upon it; and when
this compact is violated by her sister States, and by the Governnient which they
iiave created, she is determined to avail herself of the nnqnestioiiable right of
judging what is tlie extent of the infraction, and what are the uieusurea best litted
to ublaiu justice."

^i i-^

392

* IM

Itl'
t

'«it'-

to have taken up arms.* A law was passed, by which the Tariff
duties were to be progressively reduced Cor ten years, until they
were brouf?ht so low as not to exceed the amount of supplies ne-
cessary to the Government.t Thus Con,ii;res8 completely aban-
doned the prinoijjle of the Tariff; and substituted a mere fiscal
impost to a system of protective duties.f The Government of the
Union, in order to conceal its defeat, had recourse to an expedient
which is very much in vogue with feeble governments. It yield-
ed the point de facto, but it remained inflexible upon the principles
in question ; and whilst Congress was altering the Tariff law, it
passed another bill, by which the President was invested with ex-
traordinary powers, enabling him to overcome by force a resis-
tance which was then no longer to be aj)prehended.

But South Corolina did not consent to leave the Union in the
enjoyment of these scanty trophies of success: the same national
Convention which had annulled the Tarili" bill, met again, and
accepter! the proffered concession : but at the same time it de-
clared its unabated perseverance in tho doctrine of nullification ;
and to prove whnt it said, it annulled the law investing the Pres-
ident with extraordinary powers, although it was very certain
that the clauses of that law would ni'ver be carried into efibct.

Almost all the controversies of which I have been speaking
have taken place under the Presidency of CJeneral .Jackson ; and
it cannot be denied that in the question of the Tarifi* he has sup-
ported the claims of the Union with vigor and with skill. I am
however of opinion that the conduct of the individual who now
represents the Federal (Jovermnent, may be reckoned as one of
the dangers which threaten its continuance.

iSome persons in Europe have formed an opinion of the pos-
sible influence of General Jackson upon the aflairs of his coun-
try, wliich appears highly extravagant to those who have seen
more of the subject. We have been told that General .Jackson
has won sundry battles, that he is an energetic man, prone by
nature and by habit to the use of force, covetous of power, and
a despot by taste. All this may perhaps be true ; but the infer-
ences wliich have been drawn from these truths are exceedingly
erroneous. It has been imagined that General Jackson is bent

* Congress was finally decided to take this step by the conduct of the power
Stfite of Vir^iniii vvliosc legisliitiire oUi-iTd to serve as a nicHiator lietwepu

iwerfiil
fgisliitiire olieiTd U\ serve as a nicriiator lietwepu the
Union iind South Caioliin. Hitherto the latter !?tato had appeared to be entirely
abandoned even by the States which had joined in her reiuunstrances.
t This lyiw was passed on the 2(1 March, 1833.

t This hill was hronglit in i>y vlr. Clay, iind it passed in four days through both
Houses of Congress, by an iuituense niajoriiy.

393

on establishing^ a dictatorship in America, on introducing a mil-
itary spirit, and on giving a degree of influence to the central
authority which cannot but be dangerous to provincial liberties.
But in America, the time lor similar undertakings, and the age
for men of this kind is not yet come ; if General Jackson had
entertained a hope of exercising his authority in this manner, he
would infallibly have forfeited his political station, and compro-
mised his life ; accordingly he has not been so imprudent as to
make any such attem[)t.

Far from wishing to extend the Federal power, the President
belongs to the party which is desirous of limiting that power to
the bare and precise letter of the Constitution, and which never
puts a construction upon that act, favorable to the (Government
of the Union ; far from standing forth as the champion of cen-
tralization, (ieneral Jackson is the agent of all the jealousies of
tiie States ; and he was placed in the lofty station he occupies,
by the jiassions of the people which are most opposed to the
central Cjovernment. Jt is by perpetually flattering these pas-
sions, that he maintains his station and his popularity. (Ieneral
Jackson is the slave of the majority : he yields to its wishes, its
propensities, and its demands ; say rather, that he anticipates and
forestalls them.

Whenever the governments of the States come into collision
with that of the Union, the IVesideut is generally the first to
question his own rights : he almost always outstrips the legisla-
ture ; aiul when the extent of the Federal Power is controvert-
ed, he takes part, as it were, against himself ; he conceals his
oHiciid iiuerests, and extinguishes his own natural inclinations.
jNot indeed that he is naturally weak or hostile to the Union ; for
when the majority decided against the churns of the partisans of
nullification, he put himself at its head, asserted the doctrines
which the nation held, distinctly and energetically, and was the
iirst to recommend forcible measures : but General Jackson ap-
pears to me, if 1 may use the American expressions, to be a Fede-
ralist by taste, and a Republican by calculation.

(Jeneral Jackson stoops io gain the favor of die majority ;
but when he feels that his popularity is secure, he overthrows all
obstacles in the pursuit of the objects which the community ap-
proves, or of those which it does not look upon with a jealous
eye. He is supported by a power with which his predecessors
were unacquainted ; and he tramples on his personal enemies
wherever they cross his path, with a facility which no (prmer
President ever enjoyed ; he takes upon himself the responsibility
50

rfj i

, I

394

J' s

It. ;•

iMc: 'I

of measures which no one, before him, would have ventured to
attempt ; he «'vcn treats the national representatives with disdain
approacliiiiff to insult ; hr puts his Veto uj)on the laws of (yon-
press, and frequently nepleets to rej)ly to that powerfid body.
He is a favorite who sometimes treats his master roughly. The
power of General Jackson perpetually increases ; hut that of
the President declines : in his hands the Federal Covernnient
s strong, but it will pass enfeebled into the hands of his suc-
cessor.

I am strantrely mistaken, if the Federal Covernnient of tiio
United rotates be not constantly losiui? strength, retirint? giadu-
ally from public affairs, and narrowing' its circle of action more
and more. It is naturally feeble, but it now abandons even its
pretensions to stren^Ui. On the other hanfl, I thought that I
remarked a mon? lively sense of independence, and a more de-
cided attachment to provincial government, in the t^^tates. The
Union is to subsist, but to subsist as a shadow ; it is to be strong
in certain cases, and weak in. all others ; in time of warfare, it
is to be able to concentrate all the forces of the nation and all
the resources of the count»'y 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 foresee anything for the present which may be able
to cheek this general impulse of public opinion : the causes In
which it originated do not cease to operate with the same ell'cct.
The change will therefore go on, and it may be predicted that,
unless some extraordinary event occurs, the Covernment 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 inability to
protect itself and to maintain peace in the country. The Union
is sanctioned by the manners and desires of the people ; its re-
sults 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 re-aotion will take
place with a view to increase its strength.

The Government of the United States is, of al' the Federal
Governments which have hitherto been established, the one
which is most naturally destined to act. As long as it is only
indirectly assailed by the interpretation of its laws, and as long
as its substance is not seriously altered, a change of opitiion, an
internal crisis, or a war, may restore all the vigor which it re-
quires. The point which I have been most anxious to put in a

395

clear licflit is simply this : Many people, especially in France,
iinaf?ino that a chanu:o in opinion is g'oing on in the United
States, \yhich is fUvoriihle to a centralization of power in the
hands of the President and the Congress. I hold that a con-
trary tendency may distinctly be ohserved. So far is the Fede-
ral Government from acquirinf? strength, and from threatening
the sovereignty of the States, as it grows older, that I maintain
it to be growing wciiker and weaker, and that the sovereignty
of the Union alone is in danger. Such are the facts which the
present time discloses. The future conceals the final result of
this tendency, iuid the events vvhieh may check, retard, or acce-
lerate the changes 1 have described ; but I do not affect to be
able to remove the veil which hides them from our sight.

OP THE REPUBLTCAX INSTITUTIONS OF THE UNITED STATES,
AND WHAT THEIR CHANCES OF DURATION ARE.

Tlie Union is acoiilpiitnl. — Tnc republican institui'on«i have more prospect of per-
manence. — A ropiihlic for tlie present tlia natn;al state of the Anglo-Ameri-
cans — Reason of this. — In order to destroy it, all tl:e laws must be changed at
the .«<aine tinu;, anil a groat alteration taUe jilace in u..iMuers. — Difficulties
experienced by the Americans in creating an aristocracy.

The dismemberment of the Union, by the introduction of war
into the heart of those States which are now confederate, with
standing armies, a dictatorship, and a heavy taxation, might,
eventually, comj)romise the fate of the republican institutions.
But we ought not to confound the future prospects of the repub-
lic with those of the I'nion. The Union is an accident, which
will only last as long as circumstances are favorable to its ex-
istence ; but a republican form of (Government seems to me to
be the natural state of the Americans ; which nothing but the
.continued action of hostile causes, always acting in the same
direction, could change into a monarchy. The Union exists
j)rincipally in the law which formed it; one revolution, one
change in pid)lic o|)inion, might destroy it for ever ; but the
republic has a much deeper foundation to rest upon.
What is understood by republican government in the United

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Btatcs, is tlin slow and quiet action of society upon itself. It is a
regular stale of things really fouiided upon the enlij^htened will of
the people. It is a conciliatory govennnent under which reso-
lutions are allowed time to ripen ; and in which they are delib-
erateh discussed, and executed with mature judgment. The
republicans in the I'nited States set a high value upon morality,
respect religious belief, and acknowledge the existence of rights.
They profess to think that a people ought to be moral, religious,
and temperate, in proportion as it is free. What is called the
republic in the United (States, is the tranquil rule of the majo-
rity, which after having had tinie to examine itself, and to give
proof of its existence, is the common source of all the powers of
the State. Jiut the power of tlie majority is not of itself unlim-
ited. In the moral world humanity, justice, and reason enjoy
an undisputed supremacy ; in the political world vested rights
are trealctl with no less deference. The majority recognises
these two barriers ; and if it now and then overstep them, it is
because, like individuals, it has passions, and like them, it is
prone to do what is wrong, whilst it discerns what is right.

l>ut the demagogues of Kurope have made strange discover-
ies. A republic is not, according to them, the rule of the ma-
jority, as has hitherto been thought, but the rule of those wlio are
strenuous partisans of the majority. It is not the peo])le who
preponderates in this kind of government, but those who are best
versed in the good qualities of the people. A happy distinction,
which allows men to act in the name of nations without consult-
ing them, and to claim their gratitu<le whilst their rights are
spurned. A republican govermuent, moreover, is the only one
which claims the right of doing whatever it chooses, andclespis-
ing what men have hitherto respected, from the highest mor I
obligations, to the vulgar rules of common sense. It had been
supposed, until our time, that despotism was odious, under what-
ever form it ai)peared. But it is a discovery of modern days
that there are such things as legitimate tyranny and holy injus-
tice, provided they are exercised in the name of the jjcople.

The ideas which the Amciicans have adopted resjjectiiig the
republican form of government, render it easy lor tliem to live
under it, and ensure its duration. If, in their country, this ixn'in
be often practically bad, at least it is theoretically good ; and, in
the end, the people always acts in conformity to 4t.

It was impossible, at the foundation of the States, and it would
still be difficult, to establish a central admhiistration in America.
The inhabitants are dispersed over too great a space, and separated

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by too many natural obstacles, for ono man to undertake to dlrert
the details of their existenee. Anieri<a is therefore prc-eniiru iitly
tlu! country of |)rovineial and nuniicipal jGjoveriuneut. To this
cause, which was plainly felt by all the Europeans of the New
World, the An ^lo- Americans added several others peculiar to
themselves.

At the time of the settlement of the North American colonies,
nuniicipal liberty had already penetrated into the laws as well as
the manners of the Kuiilish, and the emig^rants adopted it, not
only as a necessary thiuu;, but as a benefit which they knew how
to appreciate. We have already seen the manner in which the
C'olonies were founded : every province, and almost every dis-
trict, w:as peojiled separately by men who were stranij;ers to each
other, or who associated with very diHerent pur[)oses. The
Kntilish settlers in the I'nited States, therefore, early jjerceived
that they were divided into a great number of small and distinct
communities which belong;ed to no common centre ; and that it
was needful for each of these little communities to take care of
its own all-Mrs, since there did not appear to be any central au-
thority wh.ch w as naturally bound and easily enabled to provide
for them. Thus, tlv' nature of the country, the manner in which
the British Colonies were founded, the habits of the first emi-
grants, in short everything', imited to promote, in an extraordi-
nary degree, municipal and provincial liberties.

In the United States, therefore, the mass of the institutions of
the country is essentially republican ; and in order permanently
to destroy the laws which form the basis of die republic, it would
be necessary to abolish all the laws at once. At the present day,
it would be even more dillicult for a party to succeed in found-
ing a monarchy in the L niU'd States, than for a set of men to
proclaim that Krance should hence("orward be a republic. Roy-
alty would not find a system of legislation prepared for it before-
hand ; and a monarchy would then exist, really surrounded by
repuldican institutions. 'I'he mtJiiarchical principle would like-
wise have great diliiculty in penetrating into the manners of the
Americans.

In the I'nited States, the sovereignty of die people is not an
isolated doctrine bearing- no relation to the prevailing; manners
and ideas of the peo|)le : it may, on the contrary, be regarded as
the last link of a chain of opinions w Inch binds the whole Anglo-
American world. That I'rovidence has given to every human
being the degree ol" reason necessary to direct himself in the af-
fairs which interest him exclusively ; such is the grand maxim

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upon which civil and political society rests in the United States.
The father of a family applies it to his children ; tlie ma?tpr to
his servants ; the township to its officers ; the province to its
townships ; the State to the provinces ; the Union to thv^ States ;
and when extended to the nation, it becomes the doctime of the
sovereignty of the people.

Thus, in the United States the fundamental principle of the
repu'^Hc is the same which governs the greater part of human
actions ; republican notions insinuate themselves into all the
ideas, opinions, and habits of the Americans, whilst they are
formally recognised by the legislation : and before this legislation
can be altered the whole community must undergo very serious
changes. In the United States, even the religion of most of the
citizens is republican, since it submits the truths of the other world
to private judgment : as in politics the chre of its temporal in-
terests is abandoned to the good sense of the people. Thus every
man is allowed freely to take that road whic*: \:° ;hinks will lead
him to heaven ; just as the law permits every citizen to have the
right of choosing his government.

It i^- evident tliat nothing but a long series of events, all hav-
ing the same tendency, can substitute for this combination of
laws, opinions, and manners, a mass of opposite ojiinions, man-
ners, and laws.

If republican principles are to perish in America, they can
only yield after a laborious sorial process, often interrupted, and
as often resumed ; they will liave many upparent revivals, and
Mill not become totally extinct until an entirely new people shall
have succeeded to that which now exists. Now, it must be ad-
mitted that there is no symptom or presage of the approach of
such a revolution. There is nothing more striking to a person
newly arrived in the United States, than the kind <)f tumultuous
agitation in which he finds political society. The laws are in-
cessantly changing, and at first sight it seems impossible that a
people so variable in its desires should avoid adopting, within a
short space of time, a completely new form of government.
Such apiirehcnsions are, however, premature ; the instability
wlii'^b ailects political institutions is of two kinds, which ought
not to be confounded : the first, which modifies secondary laws,
is not incompatible with a very settled state of society ; tjjc
other siiakes the very foundations of the Constitution, and at-
tacks the fundamental principles of legislation ; this species of
instability is always followed by troubles and revolutions, and

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the nation which suffers binder it, is in a state of violent transi-
tion.

Experience shoMS that these two kinds of legislative instability
have no necessary connexion ; for they have been found united
or separate, according to times and circumstances. The first is
common in the United States, but not, ilic second : the Americans
often change their laws, but the foundation of the Constitution
is respected.

In oiir days the republican principle rules in America, as the
monarchical principle did in France under Louis XIV. The
French of that period were not only friends of the monarchy,
but they thought it impossible to ])ut anything 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 advo-
cate nor opponents. In like manner does the republican Gov-
ernment exist in America, without contention or opposition ;
nithout proofs and arguments, by a tacit agreement, a sort of
conseimis universalis. It is, however, my opinion that by chang-
ing their administrative forms as often as they do, the inhabitants
of the United States compromise the future stability of their
Government.

It may ])o apprciiended that men, perpetually thwarted in
their designs by the mutability of the legislation, will learn to
look upon republican institutions as an inconvenient form of so-
ciety ; the evil resulting from the instability of the secondary
enactments, might then raise a doubt as to the nature of the
fundamental principles of the Constitution, and indirectly bring
about a revolution ; but this epoch is still very remote.

It may, however, be foreseen oven now, tiiat when the Ame-
ricans lose their repubhcan institutions, they will speedily arrive
at a despotic Government, nithout a long interval of limited
monarchy. Montesquieu remarked, that noUiing 's more abso-
lute than the authority of a prince who immediately succeeds a
republic, since thi' powers which had fearlessly been entrusted to
an elected magistrate are then transferred to an hereditary sove-
reign. This is true in general, but it is more peculiarly appli-
cable to a democratic republic. In the United States, the
magistrates are not elected by a particular class of citizens, but
by the majority of the nation ; they are the immediatt represen-
tatives of the passions of the multitude ; and as they are wholly
de[)endent upon its pleasure, they excite neither hatred nor fear :
hence, as I have already shown, very little care has been taken
to hmit their influence, and they are left in possession of a vast

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deal of arbitrary power. This state of things has engendered
habits which would outlive itself; the American magistrate would
retain his power, but he would cease to be responsible for the
exercise of it ; and it is impossible to say what bounds could
then be set to tyranny.

Some of our European politicians expect to see an aristocracy
arise in America, and they already predict the exact period at
which it will be alvle to assume the reins of government. I have
previously observed, and I repeat my assertion, that the present
tendency of American society appears to me to become more
and more democratic. Nevertheless, I do not assert that the
Americans will not, at some future time, restrict the circle of
political rights in their country, or confiscate those rights to the
advantage of a single individual ; but 1 cannot imagine that
they will ever bestow the exclusive exercise of them ui)oik 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 citi-
zens, who, without being very far removed from the mass of tiie
people, are, nevertheless, permnnently stationed above it : a body
which it is easy to touch, and ditllcult to strike ; with which the
people are in daily contact, but with which they can never com-
bine. Nothing can be imagined more contrary to nature ainl
to the secret propensities of the human heart, than a subjection
of this kind ; and men, who are left to follow their own bent,
will always prefer the arbitrary jiower of a king to the regular
administration of an aristocracy. Aristocratic institutions can-
not subsist without laying down the inequality of men as a fim-
damental principle, as a part and panel of the legislation,
affecting the condition of the human family as nuuh as it allects
that of society ; but these are things so re})ugnant to natural
equity that they can only be extorted from men by '•onstrain^

1 do not think a single people ran be quoted, since iunnaii
society began to exist, which has, by its own free will and by its
own exertions, created an aristocracy wUhin its own bosom. All
the aristocracies of the Middle Ages were founded by military
conquest : the conqueror was the noble, the vanquisli"d became
the serf. Inequality was then imj)Osed by force ; and after it
had been introduced into the maimers of the coimtry, it main-
tained its own authority, and was sanctiojied by the legislation.
Communities have existed which were aristocratic Irom their ear-
liest origin, owing to circumstances anterior to that event, and
which became more democratic in each succeeding age. tSuch

401

was the destiny of the Romans, and of the barbarians after them.
But a people, havintj; tr.\en its rise in civilization and democra-
cy, which should gradually establish an inequality of coiiuitions
until it arrived at inviolable privileges and exclusive castes, would
be a novelty in the world ; and nothing intimates that America
is likely to furnish so singular an example.

:i''>

REFLECTIOXS OX THE CAUSES OP THE COMMERCIAL PIIGSPER-
ITY OF THE UXITED STATES.

The A moiirans destined by n.iture to be a great maritime people.— Extent of their f i b

coiists.— Deptii of their ports.— Size of their rivers,— Th3 commercial siipe- tf'*'

riority of the Anglo-Americans less attributable, however, to physical circiim- '^

stances tiiiin to moral and intellectual causes.- Reason of this opinion.— Future . .

destiny of the Anglo-Americans as a commercial nation.— The dissolution of ' ,

the Union v.ouldnot check the maritime vigor of the States.— Reason of this.—
Anglo-Amei leans will naturally supply the wants of the inhabitants of South
America— They will becouie, like the English, the factors of a great portion of
the world.

The coast of the {'nited States, from the Bay of Fundy to the
Sal)ine River in the CJulf of Mexico, is more than two thousand
miles in extent, 'riiese shores form an unbroken line, and they
are all subject to tiie same (iovermnent. No nation in the world
jjossesses vaster, deeper, or more secure ports for shipping than
the Americans.

The inhabitants of the United States constitute u -i-eat civiliz-
ed people, which fortiuie has placed in the midst of an uncuhi-
vated country, at a distance of three thousand miles from the
central point of cilvilization. America consequently stands in
daily need of JMirojiean trade. The Americans will, no doubt,
ultimately succeed in producing or manufacturing at home most
of the articles which they require ; but the two continents can
never be independent of each other, so numerous are the natural
ties which exist between their wants, their ideas, their habits,
and their manners.

The Union produces pectdiar commodities which are now
become necessary to us, but which cannot be cultivated, or
can only be raised at an enormous expense, upon the soil of
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Europe. The Americans only consume a small portion of this
produce, and they are willing to sell us the rest. Europe is
therefore the market of America, as America is the market of
Europe ; and maritime commerce is no less necessary to enable
the iniiabitants of the United States to transport their raw mate-
rials to the ports of Europe, than it is to enable us to supply tiicm
with our manufactured produce. The United States were tiiere-
fore necessarily reduced to the alternative of increasing the bus-
iness of other maritime nat'ons to a great extent, if tiiey had
themselves declined to enter ii to commerce, as the Spaniards of
Mexico have hitherto done ; or, in the second place, of becoming
one of the first trading powers of the globe.

The Anglo-Americans have always dlsjdayed a ^•erv decided
taste for the sea. The Declaration of Independence broke the
commercial restrictions which united them to England, and gave
a frtsh and powerful stinmlus to tiieir maritime genius. Ever
since that time, the shipping of the Union has increased in ahnost
the same rapid proportion as the miml)er of its inhabitants. 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 die New World to the
European consumer.! The ships of the Tnited States till the
docks of Havre and of Liverpool; whilst the number of F.ngiisli
and French vessels which are to be seen at New York is com-
paratively small.|

Thus, not only does the American merchant face the compe-
tition of his own countrynirii, but he even supports that of for
eign nations in their own ports witii success. This is readily ex-
plained by the fact that the vessels of the I'nited States can cross
the seas at a cheaper rate than any other vessels in the world.

* The total value of goods imported (iuriiiff the year wiiieh ended on the 30th
Septeiiiher, iy3"2, was r01,l2!),'2Gr) dnIlarH. The value ol" tiie eaij^oes of (bnign
vessels did not amount to 10,731 ,031* dolhirs, or about one tenth oftiie entire siiiu.

t The value of goods exported during the same year amounted to rt7,l7(i,!(i;{
dollars; the value of goods exported by foreign vessels amounted to •2l,()3ti.lS{
dolhirs, or about one quarter of the whole sum. OVilliams's Register, lh33,
p. 398.;

t The tonnage of the vessels whieli ontercl all the ports of thi^ Union in the
years 1829, lf30, and lf^31, amounted to 3,3(17 T19 tons, of wliicl. 544,571 tons
were foreign vessels; thev stood therefore to the Auieriean M'ssels iii a ratio of
about 1() to 100. CNational Calendar, 1H33, p. 301 ) Tlir toiuiage ofthe I:;iigli>li
vessels which entered the ports of [.ondon, Liverpool, and Hull, in the years 1H"J(),
182(5, and 1H31, amounted to 443,800 tons. The foreign vessels which eiifcret!
the same ports during the same years amounted to 159,431 tons. The ratio lie-
tween them was therefore about 3G to 100. (Companion to the Almanac, 1^34,
p. 1G9.) In the year 1832 tJie ratio between the foreign and British shii)s whith
entered the jjorta of Great Britain was 29 to 100.

403

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As loncj as the mercantile shipping of the United States preserves
this superiority, it will not only retain what it has acquired, but
it will constantly increase in prosperity.

It is difticult to say for what reason the Americans can trade
at a lower rate than other nations ; and one is at first led to at-
tribute this circumstance to the physical or natural advantages
which are within their reach ; but this supposition is erroneous.
The American vessels cost almost as much to build as our own;*
they are not better built, and they generally last for a shorter
time. The pay of the American sailor is more considerable
than the pay on board European ships ; which is proved by the
great number of Europeans who are to be met with in the mer-
chant-vessels of the United States. But I am of opinion, that
the true cause of their superiority must not be sought for in
physical advantages, but that it is wholly attributable to their
moral and intellectual qualities.

Tlie following comparison will illustrate my meaning. Dur-
ing the campaigns of the Revolution the French introduced a
new system of tactics into the art of war, which perplexed the
oldest generals, and very near destroyed the most ancient mon-
archies in liuropc. Tiiey undertook (what had never befor;
been attempted,) to make shift without a number of things which
had always been held to be indispensable in warfare ; they re-
quired nov(>l exertions on the part of their troops, which no civi-
lized nations had ever thought of; they achieved great actions
in an incredibly short space of time ; and they risked human life
without hesitation, to obtain the object in view. The French
had less money and lewcn* men than their enemies ; their re-
sources were infinitely inferior ; nevertheless they were constant-
ly victorious, until their adversaries chose to imitate their ex-
ample.

The Americans have introduced a similar system into their
ct)nu)ii'rcial speculations ; and they do for clieapness what the
French did for contjuest. The European sailor navigates with
j)rn(U'iu-e ; he only sets sail wlu>n the weadicr is favorable ; if an
unforeseen accident befalls him, he puts into port ; at night he
iiuls a portion ol' his canvass ; and when the whitening billows
intimate the vicinity of land, he checks his way, and takes an
observation of the sun. lUit the American neglects these pre-
cautions and braves these dangers. He weighs anchor in the
midst of temj)estuous gales ; by night and by day he spreads his

* Materials arc, i^eiicrally speaking, less expensive in America than in Europe,
but tiie price ul'lubur is mucli biglier.

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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 die term of his voyage, he darts onward to the
shore as if he already descried a port. The Americans are often
shipwrecked, but no trader crosses the seas so rapidly. And us
they perform the same distance in a shorter time, they can per-
form it at a cheaper rate.

The European touches several times at difierent ports in tiie
course of a long voyage ; he loses a good deal of precious lime
in making the harbor, or in waiting for a favorable wind to
leave it ; and he pays daily dues to be allowed to remain there.
The American starts from Boston to go to purchase tea in
China : he arrives at Canton, stays there a few days, and then
returns. In less than two years he has sailed as far as the en-
tire circumference of the globe, and he has seen land but once.
It is true that during a voyage of eight or ten months he has
drunk brackish water, and lived upon salt meat ; that he has
been in a continual contest with the sea, with disease, and with
a tedious existence ; but, upon his return, he can sell a pound
of his tea for a halfpenny less than the English merchant, and
his purpose is accomplished.

I cannot better explain my meaning than by saying that the
Americans affect a sort of heroism in their manner of trading.
But the European merchant will always find it very difficult to
imitate his American competitor, who, in adopting the system
which I have just described, follows not only a calculation of
his gain, but an impulse of his nature.

The inhabitants of the United States are subject to all the
wants and all the desires which result from an advanced stage
of civilization ; but as they are not surrounded by a community
admirably adapted, like that of Europe, to satisfy their wants,
they are often obliged to procure for themselves the various
articles which education and habit have rendered necessaries.
In America it sometimes happens that the same individual tills
his field, builds his dwelling, contrives his tools, makes his
shoes, and weaves the coarse stuff' of which his dress is com-
posed. This circumstance is prejudicial to the excellence of
the work ; but it powerfully contributes to awaken the intelli-
gence of the workman. Nothing tends to matcrialixe man, and
to deprive his work of the faintest trace of mind, more than
extreme division of labor. In a country like America, where
men devoted to special occupations are rare, a long appren-
ticeship cannot be required from any one who embraces a pro-

405

fession. The Americans therefore change their means of gain-
ing a livelihood very readily ; and they suit their occupations
to the exigencies of the moment, in the manner most profitable
to themselves. Men are to be met with who have successively
been barristers, farmers, merchants, ministers of the Gospel,
and physicians. If the American be less perfect in each craft
than the European, at least there is scarcely any trade with
which he is utterly unacquainted. His capacity is more gener-
al, and the circle of his intelligence is enlarged.

The inhabitants of the United States are never fettered by
the axioms of their profession ; they escape from all the preju-
dices of their present station ; they are not more attached to
one line of operation than to another ; they are not more prone
to employ an old method than a new one ; they have no rooted
habits, and they easily shake off the influence which the habits
of other nations might exercise upon their minds, from a con-
viction that their country is unlike any other, and that its situ-
ation is without a precedent in the world. America is a land
of wonders, in which everything is in constant motion, and
every movement seems an improvement. The idea of novelty
is there indissolubly connected with the idea of amelioration.
No natural boundary seems to be set to the efibrts of man ; and
what is not yet done is only what he has not yet attempted
to do.

This porjietual change which goes on in the United States,
these frctpR'nt vicissiuulcs of fortune, accompanied by such un-
foreseen Ihutiiatious in private and in public wealth, serve to keep
the minds of the citizens in a perpetual state of feverish agita-
tion, which admirably invigorates their exertions, and keeps them
in a state of excitement above the ordinary level of mankind.
The whole life of an American is passed like a game of chance,
a revolutionary crisis, or a battle. As the same causes are con-
tinually in operation throughout the country, they ultimately
impart an irresistible impulse to the national character. The
American, taken as a chance sj)ecimeu of his countrymen, must
then be a man of singular warmth in his desires, enterprising,
fond of advcMiture, and above all of innovation. The same
bent is manifest in all that he does ; he introduces it into his po-
litical laws, his reliifious doctrines, his theories of social cecono-
mv, and his domestic occupations ; he bears it with him in the
depth of the back woods, as well as in the business of the city.
It is the same passion, applied to maritime commerce, which
makes him the clieapest and the quickest trader in the world.

I * i

II'

406

As lonj2^ as the sailors of the United States retain these inspir-
iting advantages, and tlie practical superiority which they derive
from them, they will not only continue to supply the wants of
the producers and consumers of their own country, but they will
tend more and more to become, like the English, the factors of
all other peoples.* This prediction has already begun to be
realised ; we perceive that the American traders are introducine;
themselves as intermediate agents in the commerce of several
European nations ;f and America will offer a still wider field to
their enterprise.

The great colonies which were founded in South America by
the Spaniards and the Portuguese have since become empires.
Civil war and oppression now lay waste those extensive regions.
Population does not increase, and the thinly-scattered inhabit-
ants are too much absorbed in the cares of self-defence even to
attempt any amelioration of their condition. Such, however,
will not always be the case. Europe has succeeded by her own
efforts in piercing the gloom of the Middle Ages ; Soutii Ame-
rica has the same Christian laws and Christian manners 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 uncivilized ? It is clear that the question is
simply one of time ; at some future period, which m;iy be more
or less remote, the inhabitants of South America will constitute
flourishing and enlightened nations.

But when the Spaniards and Portuguese of South America
begin to feel the wants common to all civilized nations, tiiey will
still be unable to satisl^' those wants lor themselves ; as the young-
est children of civilization, they must perforce admit the superi-
ority of their elder brethren. They will be agriculturists long
before they succeed in manufactures or commerce, and they will
require the mediation of strangers to exchange their jiroduce be-
yond seas for those articles for which a demand will begin to be
felt.

It is unquestionable that the Americans of the North will oik^

* It niiiRt not be supposed that Enulish vessels are exclusively employed in
transporting foreign produce into England, or British produce !<» foreign coun-
tries: at the present day the merchant shipping of England may he regarded in
the lisht of a vast system of public conveyances, ready to serve all the producers
of the world, and to open connuiinications between all peoples. Tlie maritime
genius of the Americans prompts them to enter into competition witii tlie klnglish.

t Part of the commerce of the Mediterranean is already carried on by Ameri-
cau vessels.

I ,!

■4

North will one

407

day supply the wants of the Americans of the South. Nature
Jjas placed them in contiguity ; and has furnished the former with
every means of knowing -md apprcciatino: those demands, of
establishing a permanent connexion with those States, and of
gradually fdling ilieir markets. The merchant of the United
k<tatcs could only forfeit these natural advantages if. he were very
inferior to the merchant of Europe; to whom he is, on the con-
trary, superior in several respects. The Americans of the Uni-
ted ^States already exercise a very considerable moral influence
upon all the peoples of the New World. They are the source
of intelligence, and all the nations which inhabit the same conti-
nent are already accusvomed to consider them as the most enlight-
ened, the most powerful, and the most wealthy members of the
great American family. All eyes are therefore turned towards
die L'nion; and the States of which that body is composed are
the mod(!ls which the other communities try to imhate, to the
best of their power : it is from the United States that they bor-
row their political principles and their laws.

The AmericMns of the United States stand in precisely the
same position with regard to the peoples of South America as
their fathers, the English, occupy with regard to die Italians, the
Spaniards, die INirtuguese, and all those nations of Europe
which receive dieir articles of daily consumption from England,
because Uiey are less advanced in civilization and trade. En-
gland is at this time the natural emporium of almost all the na-
tions which are within its reach ; the American Union will per-
form the same part in the other hemisphere ; and every commu-
nity 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 dissohed, the commerce of the States
which now compose it w (ndd undoubtedly be checked for a time ;
but this consequence would be less perceptible than is generally
supposed. It is evident that whatever may happen, the com-
mercial States will remain united. They are all contiguous to
each other ; they have identically the same opinions, uiterests,
and manners ; and they are alone competent to form a very
great maritime power. Even if the South of the Union were to
become independent of the NorUi, it would still require the
services of those States. I have already observed that the
South is not a 'commercial country, and noUiing intimates that
it is likely to become so. The Americans of the South of the
United States will therefore be obliged, for a long time to come,
to have recourse to strangers to export their produce, and to

*j-

408

("•"flu

supply them with the commodities which are requisite to satisfy
their wants. But the Northern States arc undoubtedly able to
act as their intermediate airents cheaper than any other mer-
chants. They will therefore retain that emi)loyment, for cheap-
ness is the sovereign law of commerce. National claims and
national prejudices cannot resist the infl'ience of cheapness.
Nothing can he more virulent than the hatred which exists be-
tween the Americans of the United States and the English.
But notwithstanding these inimical feelings, the Americans de-
rive the greater part of their manufactured commodities from
England, because England supplies them at a cheaper rate than
any other nation. Thus the increasing prosperity of America
turns, notwithstanding the grudges of the Americans, to the ad-
vantage of British manufactures.

IJeason shows and experience proves that no commercial
prosperity can be durable if it cannot be united, in case of need,
to naval force. This truth is as well understood in the United
States as it cap be anywhere else : the Americans are already
able to make their flag respected ; in a few years they will be
able to make it feared. I am convinced that the dismemberment
of the Union would not have the effect of diminishing the naval
power of the Americans, but that it would powerfully contribute
to increase it. At the present time the commercial States are
connected with others which have not the same interests, and
which frequently yield an unwilling consent to the increase of a
maritime power by which they are only indireclly benefited. Tf,
on the contrary, the commercial States of the Union formed one
independent nation, commerce would become the foremost of
their national interests ; they would consequently be willing to
make very great sacrifices to protect their shi])ping, rnd nothintj:
would prevent them Irom pursuing their design? upon this
point.

Nations, as well as men, almost always betray themost prom-
inent features o[ their future destiny in their earli.'st years.
When I contemplate the ardor with which the Anglo-Americans
prosecute commercial enterprise, the advantages which befriend
them, and the success of their undertakings,! cannot refrain from
believing that they will one day become the first maritime power
of the globe. They are born to rule the seas,^ as the Komans
were to conquer the world.

409

COXCLUSION.

-■"I,

I HAVE now nearly reached the rlose of my inquiry : hitherto^
in speakinuf of tiio future destiny of tiie United States, I have
endeavored to divide my subject into distinct portions, in order
to study each of tiiem with more attention. My present object
is to embrace the whole from one sinjz:le point ; the remarks I
shall make will be less detailed, but they will be more sure. I
siiall perceive each object less distinctly, but I shall descry the
principal facts witli more certainty. A traveller, who has just
left the walls of an innnense city, climbs the neighborinci; hill ;
as he f^oes further off he loses siu,ht of the men whom he has so
recently quitted ; their dwellin(i;s are confused in a dense mass ;
he can no longer distinguish the public sf|uares, and he can
scarcely trace out the iLi^reat thoroughfares ; but his eye has less
didic ulty in followin;^ the boundaries of the city, and for the first
time he sees the s!'.ape of the vast \\lu)le,. tSuch is the future
destiny of the lirUish race in North America to my eye; the de-
tails of the stuj)endous picture are overhung with shade, but I
conceive a clear idea of the entire subject.

The territory now occu[)ied or possessed by the United States
of America forms about one-tweatieth part of the habitalde earth.
\][\t extensive as these confines are, It nmst not be supposed that
the Anglo-American race will always remain within them ; indeed,
it has already far ov<'rstej)p('d them.

There was once a time at which we also might have created a
great French nation in the American wilds, to counterbalance
the infiuence of the I'liirlish upon the destinies of the Aew World.
France fi>rmerly possessed a territory in North America, scarcely
less extensive than the whole of Furope. The three greatest
rivei's of that continent then llowed within her dominions. The
Indian tribes which dwelt between the mouth of the St. Lawrence
and the delta of the Mississippi were muu'customed to any other
tongue but ours ; and all tlie l"'nropean settlements scattered
over that innnense region recalled the traditions of our country.
Louis])ourg, iNFontmorency, Duquesne, Saint-Louis, X'incennes,
^cw ( )rleans, (for such were the names they bore,) are words
dear to France and familiar to our ears.

But a concoi..'se of circumstances, which it would be tedious

I'-

410

if ;i

lit.
$»'
I

to enumorato,* Imvc dcprivpd us of this mapjnificcnt inheritance.
Wherever the French settlers were numerically weak and par-
tially established Uiey have disappeared : those who remain are
collected on a small extent of country, and are now subject to
other laws. The 400,000 French inhabitants of Lower Canada,
constitute, at the present time, the remnant of an old nation lost
in the midst of a new people. A foreign population is increas-
ing around them unceasingly and on all sides, which already
penetrates amongst the ancient masters of the country, predom-
inates in their cities, and corrupts their language. This popu-
lation is identical with that of the United States ; it is therefore
wiUi trudi that I asserted that the British race is not confmod
within the frontiers of the Union, since it already extends to the
North-east.

To the North-west nodiing is to be met with but a few insigni-
ficant Kussian settlements; but to the iSouth-west, Mexico pre-
sents a barrier to die Anglo-Americans. Thus, the Spaniards
and the Anglo-Americans are, properly speaking, the only two
races which divide the possession of the New World. The
limits of separation between them have been settled by a treaty;
but although the conditions of that treaty are exceedingly favor-
able to the Anglo-Americans, I do not doubt that they will
shortly infringe this arrangement. Vast provinces, extending
beyond the frontiers of the Union towards Mexico, are still des-
titute of inhabitants. The natives of the United States will
forestall the rightful occupants of these solitary regions. They
will take possession of the soil, and establish social institutions,
so that when the legal owner arrives at length, he will fii.'d the
wilderness under cultivation, and strangers quietly settled in tlic
midst of his inheritance.

The lands of the New World belong to the first occupant,
and they arc the natural reward of the swiftest pioneer. Imcii
the countries which are already peopled will have some ilifnculty
in securing themselves from this invasion. I have already al-
luded to what is taking place in the province of Texas. The
inhabitants of die United States are perpetually migrating to
Texas, where they purchase land ; and although they conform
to the laws of the country, they are gradually founding the em-
pire of their own language and their own manners. The prov-

* The foremost of these circumstances is, that nations which are accustomed
to free institutions and municipal government are better able than any others to
found prosperous colonies. The habit of thinking and governing for oneself is
indispensable in a new country, where success necessarily depends, in a great
measure, upon the individual exertions of the settlers.

411

ices, extruding

ince of Texas is still part of the Mexican dominions, but it will
soon contniu no Mexicans : tiie same thing has occurred when-
ever the Aniflo Americans have come into contact with popula-
tions of a dillerent orifi;^ln.

It cannut be denied that the British race has acquired an
amazin;^ preponderance over all the oUier European races in the
New World ; and that it is very superior to them in civilization,
in industry', and in power. As long as it 's only surrounded by
desert or thiidy-peopled countries, as long as it encounters no
dense populations upon its route, through whicii it cannot work
its way, it will assuredly continue to spread. The lines marked
out by treaties will not stop it ; but it will every where transgress
tliese 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 (cw
degrees below its southern confines lies the burning climate of
the i'.quator. The Anglo-Americans are therefore placed in the
most temperate and habitable zone of the continent.

It is generally supposed that die prodigious increase of popu-
lation in the United States is posterior to their Declaration of In-
dej)en(lence. Jiut this is an error : the population increased as
rapidly under the colonial system as it does at the present day ;
that is to say, it doubled in about twenty-two years. But this
pr()|)ortion, which is now applied to millions, was then applied
to thousands, of inhabitants ; and the same fact which was
scaiA 1 1^ noticeable a century ago, is now evident to every ob-

server.

The British subjects in Canada, who are dependent on a
king, augment and spread almost as rapidly as the British set-
tlers of the United State?., who live imder a republican (lovern-
iiiont. During the War of Independence, wliich lasted eight
years, the j)t)pulation coutiimed to increase widiout intermission
in the same ratio. Akhough powerful Indian nations allied with
the English existed, at that time, upon the western frontiers, the
emigration westward was never ch(!cked. Whilst the enemy laid
waste the shores of the Atlantic, Kentucky, the western parts of
Pennsylvania, and the States of N'ermont and of Maine were
filling with inhabitants. Nor did the unsettled state of the Con-
stitution, which succeeded the war, prevent the increase of the
population, or stop its progress across the wilds. Thus, the dif-
ference of laws, the various conditions of peace and war, of or-
der and of anarchy, have exercised no perceptible influence upon

I .

; I •

'i !

-ili^v

412

y;i

#"^.1

1)
■ ii

the gradual development of the Anglo-Americans. This may
be readily understood ; for the fact is, that no causes are suffi-
ciently p:cnpral lo exercise a simultaneous influence over the whole
of so extensive a territory. On^ ))ortion of the country always
oflers a sure retreat from the calamities which alllict another part ;
and however great may be the evil, the remedy w hich 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 dismemberment
of the Union, and the hostilities which might ensue, the abolition
of republican institutions, and the tyrannic al gover"ment which
might succeed it, may retard this impulse, but they cannot pre-
vent it from ultimately fulfdling the destinies to which that race
is reserved. No nower upon earth can close upon the emigrants
that fertile wilderness which offers resources to all industry and a
refuge from all want. Future events, of whatever nature tl)ey
may be, will not deprive the Americans of their climate or of their
inland seas, of their crreat rivers or of their exuberant soil. Nor
will bad laws, revolutions, and anarchy, be ahle to obliterate that
love of prosperity and that sjiirit of enterprise which seem to ho
the distinctive characteristics of their race, or to extinguish that
knowledge which guides them on their way.

Thus, in the midst of the uncertain future, one event at lensl
is sure. At a period which may be said to be near, (for we arc
speaking of the life of a nation,) the Anglo-Americans will alone
cover tiie immense space contained between the Polar regions
and the Tropics, exlending from the con ts of the Atlantic to
the shores of the Pacific Ocean. The territory which will pro-
bably be occupied by the Anii'lo-Americans at some fulure time,
may be computed to equal three qiuu'ters of Kuroj)e in extent.*
The climate of the Union is ujjon t)u- >> hole preferahle to tliat of
Kurope, and its natural advantages are not less great ; it is there-
fore evident that its population will at some future time be j)ro-
portioiiate to our own. Europe, divided as it is between so many
diflerent nations, and torn as it has been by incessant wars and
the barbarous manners of the Middle Ages, has notwithstandinii'
attained a population of 410 inhabitants to the sqiiare U.igue.f
What cause can prevent the United {States from having as nu-
merous a population in time ?

* Tiie United Pffitrs nlrendy eytend over n territory efnial to one half of Fii-
rope. The areu of'Europe is ;')()(»,()()() sijuare leagues, and its population 5i05,OuO,(K.O
uf iiiliabltnnts. (Maitebriiii, '^'. 114. vol. vi. p. i.)

t See Maltebrmi, liv. 116. vo. vi. p. 92.

413

Many ages must elapse before the divers ofTsets of the British
race in America cease to present the same homogeneous charac-
teristics : and tlic time caimot be foreseen at which a permanent
inequality of conditions will be established in the New World,
Whatever diU'erences may arise, from peace or from war, from
freedom or oppression, from prosperity or want, between the des-
tinies of the dillcrent descendants of the great Anglo-American
family, they will at least preserve an analogous social condition,
and they will hold in com non the customs and the opinions to
which tiiat social condition has given birth.

Ill the Middle Ages, the tie of religion was sufficiently pow-
erful to imliae ad the diflerent populations of Europe with the
same civilization. The 13ritisli of the New World have a
thousand other reciprocal ties; and they live at a time when
the tendency to equality is general amongst mankind. The
JMiddle Ages were a period when everylMng was broken up;
when each people, each province, each city, and each family,
had a strong tendency to mriintain its distinct individuality.
At the present time an opposite tendency seems to prevail, and
the nations seem to be advancing to unity. Our means of in-
tellectual Intercourse unite the most remote parts of the earth ;
and it is impossible for men to remain strangers to each other,
or to be ignorant of the events which are taking place in any
corner of the globe. The consequence is that tliere is less dif-
ference, at the present day, between the Europeans and their
descendants in the New World, than there was between certain
towns in the tliirleenlh century, w!)ich were only separated by
a river. If this tendency to assimilation brings foreign nation'
closer to each other, it must a fortiori prevent the descendant. ^ ^
of the same peojile from becoming aliens to each other. -.;:n^-ri ■ \^^-^
The time will therefore come when one hun(k^^n'd fifty :*'^ C)
millions of men will be living in North America,* equal in con- '^

dition, the progeny of one race, owing their origin to the same
cause, and preserving the same civilization, the same language,
the same religion, the same habits, the same manners, and im-
bued with the same opinions, propagated under the same forms.
The rest is uncertain, but this is certain ; aad it is a fact new
to the world, — a fact fraught with such portentous conse-
quences as to balUe the ellbrts even of the imagination.

K\9^

* This would 1)0 a population piopoitionate to that of Europe, taken at amean
rate of 41C iuhabitauts to the square league.

414

i! I

There are, at the present time, two great nations in the 1
world, which seem to tend towards the same end, although
they started from different points : I allude to the Russians and
the Americans. Both of them have grown up unnoticed ; and
whilst the attention of mankind was directed elsewhere, they
have suddenly assumed a most prominent place amongst the
nations : and the world learned their existence and their great-
ness at almost the same time.

All other nations seem to have nearly reached their natural
limits, and only to be charged with the maintenance of their
power: but these are still in the act of growth :* all the others
are stopped, or continue to advance with extreme difficulty ;
these are proceeding with ease and with celerity along a path
to which the human eye can assign no term. The American
struggles against the natural obstacles which oppose him ; the
adversaries of the Russian are men: the former combats the
wilderness and savage life ; the latter, civilization with all its
weapons and its arts : the conquests of the one are therefore
gained by the ploughshare ; those of the other, b'" the sword.
The Anglo-American relies upon personal interest to accom-
plish his ends, and gives free scope to the unguided exertions
and common sense of the citizens ; the Russian centres all the
authority of society in a single arm: the principal instrument
of the former is freedom ; of the latter, servitude. Their start-
ing-point is different, and their courses are not the same ; yet
each of them seems to be marked out by the will of Heaven to
sway the destinies of half the globe.

* Russia is the country in the Old World in which population increases most
rapidly in proportion.

415

APPENDIX.

1 increases most

APPENDIX A.— Page 3.

For information concerning all tlie countries of the West which
have not been visited by Europeans, consult the account of two ex-
peditions undertaken at tiic expense of Congress by Major Long.
Tiiis traveller particularly mentions, on the subject of the great
American d; .ert, that a line may be drawn nearly parallel to the
20ih degree of longitude* (meridian of Washington,) beginning from
the Red River and ending at the river Platte. From this imaginary
line to the Rocky Mountains, which bound the valley of the Missis-
sippi on the West, lie immense plains, which are almost entirely
covered with sand incapable of cuUivatjon, or scattered over wiih
masses of granite. In summer these plains are quite destitute of
water, and nothing is to be seen on them but herds of buflTiiloes and
wild horses. Some hordes of Indians are also found there, but in no
great number.

Major Long was told that in travelling northwards from the river
Platte you find the san»e desert lying constantly on the left ; but ho
was unable to acertain the truth of this report. (Long's Expedition,
vol. ii. p. 36L)

However worthy of confidence may be the narrative of Major
Long, it must be remembered that he only passed through the
country of which he speaks, without deviating widely from the line
which he had traced out for his journey.

• The 20th degree of longitude according to the meridian of Wasjungton,
agrees very nearly with the 97th degree on the meridian of Greenwich.

416

APPENDIX B.—Page 4.

South America, in the regions between the tropics, produces an
incredible profusion of cliinbing-plants, of which the Flora of the
Antilles alone presents us with forty differont species.

Anriong the most graceful of these shrubs is the Passion-flower,
which, according to Descourtiz, grows witlj such luxuriance in the
AntiHes, as to climb trees by means of the tendrils with which it is
provided, and form moving bowers of rich and elegant festoons, dec-
orated with blue and purple flowers, and fragrant with perfunie.
(Vol. i. p. 265.)

The Mimosa scondcns (Acacia ?i grandes gousses) is a creeper of
enormous and rapid growth, which clin)bs from tree to tree, and
sometime covers more than half a league. (Vol. iii. p. 227.)

ill'

1 \

APPENDIX C— Page G.

The languages which are spoken by the Indians of America, from
the Pole to Cape Horn, are said to be all formed upon the same
model, and subject lo the same grammatical rules ; whence it may
fairly be concluded that all the Indian nations sprang from the same
stock.

Each tribe of the American continent speaks a diflerent dialect ;
but the number of languages, properly so called, is very small, a
fact which tends to prove that the nations of the New VV^orld had not
a very remote origin.

Moreover, the languages of America have a great degree of regu-
larity ; from which it seems probable that the tribes which employ
them had not undergone any great revolutions, or been incorporated,
voluntirily or by constraint with Ibreign nations. For it is generally
the union of several languages into one which produces grammatical
irregularities.

It is not long since the American languages, especially those of
the North, first attracted the serious attention of philologists, when
the discovery was made, that this idiom of a barbarous people was
the product of a complicated system of ideas and very learned com-

417

produces an
Flora of the

sslon-flower,
iance in llie
h which it is
estoons,dec-
ith perfume.

a creeper of
to tree, and
227.)

merica, from
on the same
lence it may
)m the same

rent dialect ;
ery small, a
Olid had not

iroe of regu-
lich em|)loy
icorporated,
is generally
grammatical

bi nations. These languages were found to be very rich, and great
pains hud been taken at their formation to render them agreeable to
the ear.

The grammatical system of the Americans diflfers from all others
in several points, but especially in the following :

Some nations in Europe, amongst others the Germans, have the
power of coaibining at pleasure different expressions, and thus giving
a complex sense to certain words. The Indians have given a most
surprising extension to this power, so as to arrive at the means of
connecting a great number of ideas wiih a single term. This will
be easily understood with the help of an example quoted by Mr.
Duponceau, in the Memoirs of the Philosophical Society of Ame-
rica.

" A Delaware woman playing with a cat or a young dog," says
this writer, " is heard to pronounce the word kuligatschis ; which is
thus composed: h is the sign of the second person, and signifies
' thou' or ' thy'; uli is a part of the word tDulit^\\\\\c\\ signifies 'beau-
tiful,' ' pretty' ; gat is another fragment of the word wichgat^ which
means 'paw'; and lastly, schis is a diminutive giving the idea of
smallness. Thus in ono word the Indian woman has expressed,
' Thy pretty little paw.' "

Take another example of the felicity with whicli the savages of
America have composed their words. A young man of Delaware is
called pilapc. This word is formed from ^>«7si7, chaste, innocent ;
and hnapf^, man ; viz. man in his purity and innocence.

This facility of combining words is most remarkable in the strange
formation of their verbs. The most complex action is often express-
ed by a single verb, which serves to convey all the shades of an idea
by the modification of its construction.

Those who may wish to examine more in detail this subject,
which I have only glanced at superficially, should read :

1. The correspondence of Mr. Duponceau and the Rev. Mr.
Hecwclder relative to the Indian languages ; which is to be found
in the first volume of the Memoirs of the Philosophical Society of
America, published at Philadelphia, 1819, by Abraham Small ; vol.
i. p. 350—464,

2. The grammar of the Delaware or Lenape language by Geiber-
ger, and the preface of Mr. Duponceau. All these are in the same
collection, vol. iii.

3. An excellent account of these works which is at the end of
the 6th volume of the American Encyclop£Edia.

illy those of
ogists, when
people was
aarned com-

418

APPENDIX D.— Pago 7.

: ' I

See in Charlevoix, vol. i. p. 235, the history of the first war which
the French inhabitants of Canada carried on, in 1610, against the
Iroquois. The latter, armed with bows and arrows, offered a des-
perate resistance to the French and their allies. Charlevoix is not a
great painter, yet he exhibits clearly enough, in this narrative, the
contrast between the European manners and those of savages, as
well as the different way in which the two races of men understood
the sense of honor.

When th ''rench, says he, seized upon the beaver skins which
covered th Indians who had fallen, the Ilurons, their allies, were
greatly offended at this proceeding ; but without hesitation they set
to work in their usual nmnner, inflicting horrid cruellies upon the
prisoners, and devouringoneof thobj who had been killed, whicli made
the Frenchmen shudder. The barbarians prided themselves upon a
scrupulousness which they were surprised .n not finding in our nation ;
and could not understand that there was less to reprehend in the
stripping of dead bodies, than in the devouring of their flesh like
wild beasts.

Charlevoix in another place (vol. i. p. 230,) thus describes the first
torture of which Champlain was an eye-witness, and the return of
the Hurons intw ilieir own village.

Having proceeded about eight leagues, says he, our allies halted :
and having singled out one of their captives, they reproached bin) with
all the cruelties which he had practised upon the warriors of their
nation who had fallen into his hands, and told him that he might ex-
pect to be treated in like manner; adding that if he had any spirit he
would prove it by singing. lie immediately chanted forth his death-
song, and then his war-song, and all the songs he knew, " but in a
very mournful strain," says Champlain, who was not then aware that
all savage music has a melancholy character. The tortures which
succeeded, accompanied by all the horrors which we shall mention
hereafter, terrified the French, who made every effort to put a stop
to them, but in vain. The following night one of the Hurons having
dreamt that they were pursued, the retreat was changed to a real
flight, and the savages never stopped until they were out of the reach
of danger.

The moment they perceived the cabins of their own village, they
cut themselves long sticks, to which they fastened the scalps which
had fallen to their share, and carried thorn in triumph. At this sight,
the women swam to the canoes, where they received the bloody
scal[)s from the hands of their husbands, and tied them round their
necks.

419

rst war which
), against the
oflered a des-
evoix is not a
narrative, the
if savages, as
Du understood

r skins which
ir allies, were
lation they set
lilies upon the
d,whicli made
iselves upon a
in our nation;
ireliend in the
leir flesh like

jcribes the first
the return of

allies halted :

iched hiu) with

rriors of their

t he might e.\-

1 any spirit he

orth his death-

\v, " but in a

len aware that

ortures which

shall mention

t to put a stop

Hurons having

ced to a real

It of the reach

n village, they
3 scalps which
At this sight,
ed the bloody
ra round their

The warriors offered one of these horrible trophies to Champlain ;
they also presented him with some bows and arrows, — the only spoils
of the Iroquois which they had ventured to seize, — entreating liim
to show them to the King of France.

Champlain lived a whole winter quite alone among these barba-
rians, without being under any alarm for his person or property.

APPENDIX E— Page 21.

Although the puritanical strictness which presided over the estab-
lishiuent of the English colonies in. America is now much relaxed,
remarkable traces of it are stil! found in their habits and their laws.
In 1792, at the very time when the anti-Christian republic of
Franco began its ephemeral existence, the legislative body of Massa-
chusetts pronuilgated the following law, to compel the citizens to
observe the Sabbath. We give the preamble and the principal
articles of this law, which is worthy of the reader's attention.

" Whereas," says the legislator, " the observation of the Sunday
is an affair of public interest ; in as much as it produces a necessary
suspension of labo^l^eads men to reflect upon the duties of iife and
the errors to which human nature is liable, and provides for the pub-
lic and private worship of God the creator and governor of the uni-
verse, and for the performance of such acts of charity as are the
ornament and comfort of Christian societies: —

" Whereas irreligious or light-niindcd persons, forgetting the du-
ties which the Sabbath imposes, and the benefits which these duties
confer on society, are known to profane its sanctity, by following
their pleasures or their affairs; this way of acting being contrary to
their own interest as Christians, and calculated to annoy those who
do not follow their example ; being also of great injury to society at
large, by spreading a taste for dissipation and dissolute manners ;

" lie it enacted and ordained by the Governor, Council, and Re-
presentatives convened in General Court of Assembly, that all and
every person and persons shall on that day carefully apply them-
selves to the duties of religion and piety, that no tradesman or la-
borer shall exercise his ordinary calling, and that no game or recre-
ation shall be used on the Lord's Day, upon pain of forfeiting tea
shillings.

" That no one shall travel on that day, or any part thereof, under
paiu of forfeiting twenty shillings ; that no vessel shall leave a har-

14,

■1V^*

420

boUof the colony ; that no persons shall keep outside the meeting-
house during tlie time of public worship, or profane the time by
playing or talking, on penalty of five shillings.

'♦ Public-houses shall not entertain any other than strangers or
lodgers, under a penalty of five shillings for every person found
drinking and abiding therein.

" Any person in health who, without sufficient reason, shall omit
to worship God in public during three nionlhs, shall be condemned
to a fine of ten shillings. O

" Any person guilty of niisbehavioDin a place of public worship
shall be fined from five to forty shillings.

" These laws are to be enforced by the tithing-men of each town-
ship, who have authoriiy to visit public-houses on the Sunday. The
innkeeper who shall refuse them admittance shall be fined forty shil-
lings for such ofl'ence.

" The tithing-men are to stop travellers, and require of them
their reason for being on the road on Sunday: any one refusing to
answer shall be sentenced to pay a fine not exceeding five pounds
sterling. If the reason given by the traveller be not deemed by the
tithing-man sufficient, he may bring the traveller before the justice
of the peace of the district." {Law of the 8th 3Iareh, 1792 ; Gen-
eral Laws of Massachusetts, vol. i. p. 410. j

On the 1 Ith March, 1797, a new law increased the amount of
fines, half of which was to be given to the informer. {Same collect
Hon, vol. ii. p. 525.)

On the 16lh February, 1816, a new law confirmed these measures-
{Samc collection, vol. ii. p. 405.)

Similar enactments exist in the laws of the State of New York,
revised in 1827 and 1828. (See Revised Statutes, Part I. chapter
20, p. 675.) In these it is declared that no one is allowed on the
Sabbath to sport, to fish, to play at games, or to frequent houses
where liquor is sold. No one can travel, except in case of necessity.

And this is not the only trace which the religious strictness and
austere manners of the first emigrants have left behind them in the
American laws.

In the revised statutes of the State of New York, vol. i. p. 662, is
the following clause :

" Whoever shall win or lose in the space of twenty four hours, by
gaming or betting, the sum of twenty-five dollars, shall be found
guilty of a misdenicanol^^nd, upon conviction, shall be condemn-
ed to pay a fine equal to at least five times the value of the sum
lost or won ; which shall be paid to the inspector of the poor of the
township. Ho that loses twenty-five dollars or more may bring an
action to recover them; and if he neglects to do so, the inspector of
the poor may prosecute the winner, and oblige him to pay into the
poor's box both the sum he has gained and three times as much
besides."

421

the meeting-
llie time by

strangers or
lerson found

n, shall omit
I condemned

iblic worship

)f each town-
Linday. The
ed forty shil-

jirc of them
10 refusing to
t> five pounds
2emed by tlie
e the justice
1792 ; Gen-

10 amount of
[Same collec-

ese measures.

if New York,
art I. chapter
owed on the
juent houses
of necessity,
strictness and
d them in the

)1. 1. p. GG2, is

bur hours, by
lall be found
je condemn-
le of the sum
e poor of the
may bring an
e inspector of
pay into the
imes as much

The laws we quote from are of recent date ; but they are unintel-
ligible without going back to the very origin of the colonics. I jinve
no (loul)t that in our da\s tlie pcMial part of these laws is very rarely
applit'd. Laws preserve their inflexibility long aft(?r the manners of
a nation havu yielded to iho iniUience of time. It is still true, how-
ever, that nothing strikes a foreigner on his arrival in America,
more furcil-ly tluiii the regard paid to the Sabbath.

There is one, in particular, of the large American cities, in which
all social n)oven)ents begin to be suspended even on Saturday even-
ing. You traverse its streets at the hour at which you expect men in
the middle of life to be engaged in business, and young people in
pleasure; and you meet wiili solitude and silence. Not only have
all ceased to work, but they appear to have ceased to exist. Neither
the nioveuients of industry are heard, nor the accents of joy, nor
even the confused murmur which arises from the midst of a great city.
Chains are hung across the streets in the neiifjiborhood of tlio
churches ; the iialf-closed shutters of the houses scarcely admit a
ray of sun into the dwellings of the citizens. Now and then you per-
ceive a solitary individual who glides silently along the deserted
streets and lanes.

Next day, at early dawn, the rolling of carriages, the noise of
hammers, the cries of the |)opulalion, begin to make themselves
lieard again. Tlie city is awake. An eager crowd hastens towards
the resort of commerce and industry; everything around you be-
speaks motion, bustle, hurry. A feverish activity succeeds to the
lethargic stupor of yesterday ; you might almost suppose that they
had but one day to acquire wealth and to enjoy it.

APPENDIX F.— Page 26.

It is unnecessary for mo to say, that in the chapter which has just
been read, I have not had the intention of giving a history of Ame-
rica. My only object was to enable the reader to appreciate the in-
fluence which the opinions and manners of the first emigrants had
exer-.ised u\,on the fato of the difl'erent colonies, and of the Union in
general. I have therefore confined myself to the quotation of a few
detached fragments.

I do not know whether I am deceived, but it appears to me that
by pursuing the path which I have merely pointed out, it would be
easy to present such pictures of the American republics as would not

■i '.

422

•»*

12"!;?

fJ n

ill'

«*'
I

W'V

be unworthy tlio attention of the public, and could not fail to suggest
to the slatosinan matter for reflection.

Not l)oii)fj able to devote myself to this labor, I am anxioiis to
render it easy to others ; and, for this purpose, I subjoin a short cata-
logue and analysis of the works which seem to nw tlie most import-
ant to consult.

At the head of the general documents which it would bo advan-
tageous to examine, I place the work entitled Art Historical Col-
lection nf State Papers, and other authentic Documents, intended
as materials for a History of the United States of America, by
Ebenezer Hasard. The first volume of this compilation, which was
printed at Philadelphia in 1792, contains a literal copy of all the
cliarters granted by the Crown of England to the emigrants, as well
as the principal acts of the colonial governments, during the com-
mencement of their existence. Amongst other nuth(>ntic documents,
we hero find a great many relating to the affairs of New England
and Virginia during this period. The second vohnue is ahuost en-
tirely devoted to the acts of the Confederation oflf)4;3. This F'ed-
eral compact, which was entered into by the colonies of New Eng-
land with the view of resisting the Indians, was the first instance of
union afiorded by the Anglo-Americans. There were licsidcs many
other confederations of the same nature, before the famous one of
177(J, which brought about the indc'pendence of the colonies.

Each colony has, besides, its own historic iMoimiuents, some of
which are extremely curious ; beginning wii. V'irL'inia, the State
which was first peopled. The earliest historian of Virginia was its
founder, Capt. John Smith. Capt. Smith has left us an octavo
volume, entitled The genirall Historic of Virginia and New Eng-
land, by Captain John Smith, sometymes (iovcrnor in those Coun-
tryes,and Admirall ^if A'nr England ; printed at London in l(i"J7.
The work is adorned with curious maps and engravings of- the time
when it appeared ; the narrative extends from the year 15S4 to lG:if().
Smith's work is highly and deservedly esteemed. The author was
one of the most celebrated adventurers of a period of remarkablo
adventure ; his book breathes that ardor for discovery, that spirit
of enterprise which characterized the men of his lime, when the
manners of chivalry were united to zeal for tonunerce, and made
subservient to the acquisition of wealth.

But Capt. Smith is most remarkable for uniting, to the virtues
which characterized his cotemporaries, several qualities to which
they were generally strangers ; liis style is sinq)le and concise, his
narratives bear the stanjp of truth, and his descriptions are free
from false ornament.

This author throws most valuable light upon the state and condi-
tion of the Indians at the time when North America was first dis-
covered.

The second historian to consult is Beverley, who coiumeucos his

423

fail to

suggest

Fini finxioiis to
in it short cata-
j most iiDport-

)iild 1)0 advnn-
'istorical CoU
cnts, intended
*' America, by
ion, which was
opy of all the
grants, as well
iring the com-
tic docunipnts,
New England

is almost en-
5. This Fed-

of Now Eng-
rst instance of

besides many
laniotis one of
ilonies.

lents, some of
nia, tlie State
irginia was its

"s an octavo
<u{ Nrw Enp-
i those Coiin-
ndon in Hy27.
:s of^the time
15S4 to 1G:.^(J.
le anthoi* was
tf remarkable
ry, that spirit
lie, when the
CO, and made

(0 the virtues
ties to which
J concise, his
ions are free

e and condi-
was first dis-

>mmeucos his

narrative with the year 1585, and ends it witu 1700. The first part
of his book contains historical documents properly so called, relative
to the infancy of the colony. Tho second affords a most curious
picture of the state of the Indians at this remote period. The third
conveys very clear ideas concerning the manners, social condition,
laws, and political customs of the Virginians in iho author's lifolime.

Beverley was a native of Virginia, which occasions him to say at
the beoimiing of his book that he entreats his readers not to exercise
their critical severity upon it, since, h- ing been born in the Indies,
he does not aspire to purity of language. Notvsilhstanding this co-
Jonial modesty, theautlior shows throughout his book the impatience
with which he endures the supremacy of the molher-country. In
this work of Beverley are also found numerous traces of that spirit
of civil liberty which animated the English colonies of America at
the time when he wrote, lie also shows the dissensions which ex-
isted among them and retarded their independence. Beverley de-
tests his Catholic neighbors of Maryland even more than he hates
the English Government: his style is simple, his narrative interest-
ing and apparently trustworthy.

1 saw ii] America another work which ought to bo consulted, en-
tilled The History of Virginia, by WUliatii Stith. This book
aflords some curious details, but I thought it long and diffuse.

The most ancient as well as the best document to be consulted on
the history of Caroliwa is a work in small quarto, entitled The His-
tory of Carolina, by John Lawson, printed at London in 1718.
This work contains in the first part, a journey of discovery in the
west of Carolina ; tho account of which, given in the form of a jour-
nal, is in general confused and superficial ; but it contains a very
striking description of the mortality caused among tho savages of
that time both by the smallpox and the immoderate use of brandy ;
w itli a curious picture of the corru|)ti()n of manners prevalent amongst
them, which was increased by tho presence of Europeans. The
second |)art of Lawson's book is taken up with a description of the
physical condition of Carolina, and its j)roductions. In the third
part, the author gives an interesting account of the manners, customs,
and government of the Indians at that period. There is a good deal
of talent and originality in this |)art of tho work.

Lawson concludes his History with a copy of the Charter granted
to the Carolinas in the rei'in of Charles II. The general tone of
this work is light, and often licentious, forming a perfect contrast to
the solemn style of the works published at the same period in New
England. Lawson's History is extremely scarce in America, and
cannot be procured in Europe. There is, however, a copy of it in
the lloyal Library at Paris.

From the southern extremity of the United States I pass at once
to the Northern limit ; as tho intermediate space was not peopled
till a later period.

424

itlcd Colh(

fn t'l

•«%i*

I*'
I

1 1

I-

I must first point out a very curious compimtion, ontiticd L.'oiier-'
Hon of the Massachusetts Ilistnriral Sociefi/, priiitrd for the first
time at lioston in 17!)i}, and reprinted in 18U(). Tit! colh.'clion of
wliicli I -speak, and which is coiitiniUHl to tho present dny, contains
Q great numher of very vnhnihic documents reliiliuij to liu) history
of tho diO'ercnt States of New Kiif^land. Anionic them are letters
which iiave n(!ver been piiblislied, niid authentic [)ieces whicli hiid
been buried in provincial archives. The wliolo work of Ciookin
concerning tho Indians is inserted there.

1 have mentioned several times iu the chapter to which this nolo
relates tho work of Nathaniel Norton, entitlecl ISew l^n^hnuPs Me'
vtorial ; siifTiciently perhaps to prove that it des(>rves the atlentiou
of those who would be conversant with the history of New Miigland.
Tliis book is in Svo, and was reprinted at Hoston in IS'iti.

Tho most valuable and important authority whicli e.xisis upon the
history of New England is the work of the IJev. Coitou Mather, en-
titled MaiJinnJin Christi Americana, or the Eeelrsiastiraf llisfuri/
of New England, l(i:^()— 1()<)8, 2 vols. Svo, reprinted at Jlartfiri/,
United States, in 1820.* The author divided b's work into seven
books. The first presents the history of the events which pre pared
and brought about the establishment of New Kngland. The second
contains the lives of the first covemors and chief maiiistrates who
presided over tlie country. The tliird is d<'Voted to the lives and
labors of the evangelical ministers who during the same period had
the caro of souls. In the fourth the author relates the institiilion
and progress of tho University of Cambridge (Massachusetts ) In
the fifth he describes the principles and the discipline of the Church
of New England. The sixtli is taken up in retracing certain facts,
which, ill the opinion of Mather, prove the merciful iiiter()osition of
Providence in behalf of the inhabitants of New F^igland. Lastly,
in the seventh, the author gives an account of tho heresies and the
troubles to which the church of New England was exposed. Cotton
Mather was an evangelical minister who was born at Boston, and
passed his lil'e there. His narratives are distinguished by the same
ardor and religious zeal which led to the foundation of the colonies
of New England. Traces of bad taste sometimes occur in his man-
ner of writing ; but he interests, because he is full of enthusiasm.
He is often intolerant, still oftener credulous, but he never betrays
an intention to deceive. Sometimes his book contains fine passages,
and true and profound reflections, such as the following:

" Before the arrival of the Puritans," says he, (vol. i. chap, iv.)
" there were more than a few attempts of the English to people and
improve the parts of New England which were to the northward of
New Plymouth ; but the designs of those attempts being aimed no
higher than the advancement of some worldly interests, a constant

* A folio edition of this work was published iu London in 1702.

In.i :

425

tied Cnlhc'

for the first

■oIN.'Ctioii of

piy, contains

tin) liistDry

iiro Ictlurs

wliicli Iwul

of Ciookiii

irli this note
fr/ajnl^s Me'
li(! atlnitioti
pw Kngliiiid.
f).

sts upon tlio

IMatlhT, rn-

rdt Itisfuri/

1 1 llartfiird,

k into seven

(1) [)r(|)art'd

Tlic second

;islrates who

le lives and

' |)eriod had

e iiistiliitioii

iiisetis ) In

' the Church

ertain facts,

[■rposition of

id. Lastly,

;ies and the

■•d. Cotton

Boston, and

ly the san)o

i(? colonies

in his nian-

enihiisiasin.

ver hell ays

10 passages,

i. chap, iv.)

people and

ortliward of

aimed no

a constant

1702.

series of disasters has confounded tlicm, until there was a plantation
erected upon the nobler designs of Christianity : and that |)lantation,
thoujjh it has had more adversaries than perhaps any one upon earth,
yet, having obtained help from (Vod, it continues to this day."

Mather occasionally ndieves the austerity of his descriptions with
images full of tender feeling : after having spoken of an English lady
whose religious ardor had brought her to America with her husband,
and who soon after sank under the fatigu(!S and [)rivations of exile,
ho adds, *' As for her virtuous husband, Isaac Johnson,

lie tryed

To live without licr, likud it not, uud dyed." — (Vol. i.)

Mather's work gives an admirable picture of iho time and country
which he describ(,'s. In his account of the motives which led the
Puritans to s(;ek an asylum beyond seas, he says :

" The (jiod of Heaven served, as it were, a summons upon tlie
spirits of his people in the English nation, stirring up the spirits of
thousands which never saw the fac(;s of each other, with a most
unanimous inclination to leave all the pleasant accommodations of
their native country, and go over a terrible ocean, into a mor(! terri-
ble desert, for the |)ure enjoyment of all his ordinances. It is now
reasonable that, before we p.iss any further, the n^asons of this un-
dertaking should be more exactly made known unto |)osterity, espe-
cially unto the posterity of those that were the undertakers, lest they
come at length to forget and neglect the true interest of Mew Eng-
land. Wherefore I shall now transcribe some of them from a manu-
script wherein they were then tendered unto consideration.

" Gtntral Considerations for the Plantation of New England.

" First, It will be a service unto tlic Church of great consequence,
to carry tin; Gospel unto those |)arts of the world, and raise a bulwark
against the kingdom of Antichrist, which the Jesuits labor to rear u[)
in all parts of the world.

" .Secondly; All other Churches of Europe have been brought
under desolations ; and it may be feared that the liki; judgments are
coming upon us; and who knows but God hath provided this place
to be a njfugo for many whom he means to save out of the general
destruction.

" Thirdly, The land grows weary of her inhabitants, insomuch
that man, which is the most precious of all creatures, is here more
vile and base than the earth he treads upon ; children, neighbors,
and friends, especially the poor, are counted the greatest burdens,
which, if things were right, would be the chiefest of earthly bless-
ings.

" Fourthly, We are grown to that intemperance in all excess ot
riot, as no mean estate almost will suflice a man to keep sail with
54

426

r' li

I*'
r

Ki-

his equals, and he that fails in it must live in scorn and contempt:
hence it comes to pass, that all arts and trades are carried in that
deceitful manner and unrighteous course, as it is almost impossible
for a good upright man to maintain his constant charge and livecom-
fortabij in them.

"Fifthly, The schools of learning and religion are so corrupted,
as (beside the unsupportable charge of education) most children,
even the best, wittiest, and of the fairest hopes, are perverted, cor-
rupted and utterly over-thrown by the multitude of evil examples
and licentious be'iaviors in these seminaries.

" Sixthly, Tlu> whole earth is the Lord's garden, and he hath
pivon it to Uie Sons of Adam, to be tilled and im])rovi'd by them :
why then should we stand starving here for places of habitation, and
in the mean time siifl'nr whole countries, as profitable for the use of
man, to lie waste wi'hout any improvement?

" Seventhly, What can be a better or nobler work, and more
worthy of a Christian, than to erect and stipport a rcfonncd particu-
lar Church in its infancy, and unite our forces with such a company
of faithful people, as by timely assistance may grow stronger and
prosper ; but for want of It, may be put to great hazards, if not be
wholly ruined.

" Eighthly, If any such as are known to be godly, and live in
wealth and prosperity here, s!iall forsake all this to join with this re-
formed Church, and with it run the hazard of an liiird and mrati con-
dition, it will be an examplo of great use, both ior tlio removing of
scandal, and to give more life unto the faith of God's people in their
prayers fir too [)lantation, and also to encourage others to join the
more willingly in it."

Further on, when he declares the principlrs of tke Church of !N"cw
Eng!an;i v.ith respect to morals, ftlaiher inveighs with violence
against llie nistoni of drinking health.*-: at table, which Ik," dt nounces
as a pagan and abominable pracli(<'. Me proscribes with the same
rigor all ornanx'nts for the hair iisid by the female se.\, as well as
their custom of having the arms and neck uncovered.

In another part of his work he relates several instances of witch-
craft which hud ahirmed New England. It is plain that the visible
action of the devil in tlie afiiiirs of this world appeared .o him an
incontestable and evide//) li(( t.

This work of Cotlo/; Mather displays, in many p'aces, the spirit
of civil liberty and political independence which cliaracteii/,ed the
times in which he lived. Their princi|)les iis|)ecling government
are discoverable at every page. Thus, for instance, the inhabitants
of Massachusetts, in the year 1()30, ten years after the foundation of
Plyiueuth, are found to liave devoted -1(10/. sterling to the establish-
ment of the I'^niversity of Cambridge. In ])assing from the general
docum^uits relative to the history of New England, to those which

427

describe the several States comprised within its limits, I ought first
to notice The Histnnj of the Colon}/ of Massachusetts, hy Hutch-
inson, Lieutenant-Governor of the Massachusetts Province, 2 vols.
8vo.

The History of Hutchinson, which I have several times quoted in
the chapter to which this note relates, commences in the year 1G28
and ends in 1750. Tlnoughout the work there is a striking air of
truth and the greatest simplicity of style : it is full of minute details.

The b(\st History to consult concerning Connecticut is that of
Benjamin Trumhull, entitled, A (U)mphtc Jlistori/ of Connecticut,
Civil and Ecclesiastical, Ui^^O — 1764 ; 2 vols. 8vo. printed in 1818,
ot JStw Haven. This liisiory contains a clear and c:dm account of
all the events which happened in Connecticut during the p(>riod
given in the title. The author drew from the best sources ; and his
narrative hears the stamp of truth. All that he says of the early
days of Connecticut is extremely curious. Sc '^specially the Con-
stitution of 10-19, vol. i. ch. vi. p. 100 ; and aL-, » the penal laws of
Connecticut, vol. i. ch. vii. p. 12-J.

The J/istorjf of IVrw Hampshire, hy Jeremy Tidhnap, is a work
held in mtnited estimation. It was printed at Boston in 17y!2, in
2 vols. Svo. Tlie third chapter of tli«' lirst volume is |iarticuliirly
wortiiy of attention for the valuable details it alTords on tlie political
and rtliiiious principles of the Puritans, on the causes of their emir
gration, and on their laws. The followiug curious quotation is given
from a sermon delivered in KKi'l. " It concerneth N(nv Eniiiand
ahvii)s lo nunember that they are a plantation religious, not a plan-
tation of trade. The profession of die purity of docirine, worship,
and (lisciplioe is written on her forehead. Let merchants, and such
as are eni reasing cent, per cent. remend)er this, tiiat worldly gai i
was not tile end and design of the jjcople of New Ensland, but re'i-
gion. And if any man aniong us make religion as twelve, and 'he
world as liiirteen, such an one hath not tiie spirit of a true New
Englisiiman." The rea '"r of Bcdknap will lind in his work more
general ideas, and more strength of thought, than are to be met with
in the American historians even to the present day.

Amon<r tlte C^-ntral Stales which deserve our attention for their
remote; origin, New York and Pennsylvania are the foremost. The
best history we have of the foruun- is entitled A History of New
Yor/:, 1)1/ William Smith, jirinicd in London in ]7.")7. Smith irives
us important details of the wars between liie French and Lnglish in
America. His is the best account of the famous confederal ion of
the Iroquois.

With respect to Pennsylvania, I cannot do better than p uit out
the work of Proud, entitled the History of Pennsylvania, jrom the
original Instifufion and Settlement of that Province, vnUr the
first Proprietor and Governor William Penn, in 1(381, till after
the year 1742 ; by Hubert Proud, 2 vols. Svo, printed at Phila-

428

dclphia in 1797. This work is deserving of the especial attention
of tiie reader ; it contains a mass of cnrious documents concerning
Penn, tlie doctrine of the Quakers, and the character, manners, and
customs of the first inhahitants of Pennsylvania.

I need not add that anions: the most important documents relating
to this state are the works of Penn himself and those of Franklin.

iti

APPENDIX G.— Page 33.

Wo read in Jefferson's Memoirs as follows :

At the time of the first setllement of the English in Virginia,
when land was to be had for little or nothing, some provident per-
sons having obtained largo grants of it, and beinsr desirous of main-
taining the splendor of their families, entailed their property upon
their descendants. The transmission of these estates from genera-
tion to generation, to men who bore the same nanie, had the eflect
of raising up a distinct class of families, who, possessing by law the
privileg;! ol" perpetuating their wealth, formed by these means a sort
of [latrician order, distin*ruislied by the grandeur and luxury of their
establishments. F>om this order it was that the King usually chose
his councillors of state.*

In the United States, the principal clauses of the English lav. re-
specting descent have been universally rejected. The first rule that
wo follow, says Mr. Kent, touching inheritance is the following: If
a man dies intestate, his property goes to his heirs in a direct line.
If he has but one heir or heiress, he or she succeeds to the whole.
If there are several heirs of the same degree, they divide the inher-
itance equally amongst tliem, without distinction of sex.

This rule was prescribed lor the first time in the State of New
York by a statute of the 23d of February, 178G. (Sec Revised
Statutes, vol. iii., Appendix, p. 48. j It has since then been ado[)ted
in the revised statutes of the samu State. At the present day this
law holds good throughout the wliolo of the United States, with the
exception of the Stale of Vermont, where the male heir iidiei its a
double portion : Kent's Commentaries, vol. iv. p. 370. Mr. Kent,
in the same work, vol, iv. p. 1 — 22, gives an historical account of
American legislation on the subject of entail : by this we learn that
previous to the revolution the colonies followed tlij English law of

* This iinssapp is pxtractod find iraiislatod (Voni SI. Conseil's work upon the
Life of Jetlbrson, eulilleJ '^Melanges VoiUu^iics tt Phdoaophuims dc JtJJhni<m."

439

al attention

concerning;

anners, and

nts relating
'ranklin.

in Virginia,
)vi(Jent per-
ous of niain-
[)|)(.>rty upon
roni gcnt'ra-
id the eflbct
f by law tlio
iu;aiis a sort
;ury of tlieir
sually choso

llisli lav, rc-
rst rule that

oilowiiig: It
direct line.

3 tlie wliole.

e tlic inher-

ato of New
Sec Revised
en ado[)ted
ent day tliis
US, with the
ir inherits a
Mr. Kent,
account of
e learn that
iglisli law of

ork upon the
.Jcjj'erson."

entail. Estates tail were abolished in Virginia in 1776, on a motion
of Mr. Jeflerson. Tlioy were suppressed in New York in 1786;
and have since been abolished in iXortli Carolina, Kentucky, Ten-
nessee, Georgia, and Missouri. In Vermonl, Indiana, Illinois, South
Carolina, and Louisiana, entail was never introduced. Those States
which thought proper to preserve the English law of entail, modi-
fied it in such a way as to deprive it of its most aristocratic tenden-
cies. " Our general principles on the subject of government," says
Mr. Kent, " tend to favor the free circulation of property."

It cannot fail to strike the French reader who studies the law of
inheritance, that on these questions the French legislation is infinitely
more democratic even than the American.

The American law makes an equal division of the father's pro-
perty, but only in the case of his will not being known ; "for every
man," says the law, " in the State of New York, (Revised Statutes,
vol. iii. Appendix, p. 51,) has entire liberty, power, and authority,
to (iisj)ose of his property by will, to leave it entire, or divided in
favor of any persons he chooses as his heirs, pjovided he do not
leave it to a political body or any corporation." The French law
obliges the testator to divide his property equally, or nearly so,
among his heirs.

Most of the American republics still admit of entails, under cer-
tain restrictions; hut tin; French law prohibits entail in all cases.

If the social condition of the Americans is more democratic than
tiiat of the French, the laws of the latter are the most dfjmocratic of
th(! two. This may be explained more easily than at first appears
to be the case. In France, democracy is still occupied in the work
of destruction ; in America it reigns (juietly over tlie ruins it has
made.

APPE:nDIX H.— Page 39.

SUMMARY OF THE QUALIFICATIONS OF VOTERS IN THE UNITED

STATES.

All the States agree in granting the right of voting at the age of
twenty-one. In all of them it is necessary to have resided for a
certain time in the district where the vote is given. This period
varies from three mouths to two years.

430

J»tt„

" I

As to the qualification; in the State of Massachusetts it is neces-
sary to have an income of three pounds sterling or a capital of sixty
pounds.

In Rliode Island, a man must possess landed property to the
amount of 133 dollars.

Ill Connecticut he must have a property which gives an income
of seventeen dollars. A year of service in the militia also gives the
elective privilege.

In New Jersey, an elector must have a property of fifty pounds a
year.

In South Carolina and Maryland, the elector must possess fifty
acres of land.

Jn Tennessee, he must possess some property.

In the States of Mississippi, Ohio, Georgia, Virginia, Pennsyl-
vania, Delaware, New York, the only necessary qualification for
voting is that of paying the taxes; and in most of the States, to servo
in the militia',is equivalent to the payment of taxes.

In Maine and New Hampshire any man can vote who is not on
the pauper list .

Lastly, in the States of Missouri, Alabama, Illinois, Louisiana,
Indiana, Kentucky, and Vermont, the conditions of voting have no
reference to the property of tlie elector.

I believe there is no other State beside that of North Carolina in
which difltM'ent conditions are applied to the voting for the Senate
and the electing the House of Representatives. The electors of the
former, in this case, should possess in property fifty acres of land ;
to vote for the latter, notiiing more is required than to pay taxes.

APPENDIX I.-Jage 76.

The small number of Custom-house officers employed in the Uni-
ted States compared with the extent of the coast renders smuggling
very easy ; notwithstanding which it is less practised than elsiuvhcro,
because everybody endeavors to press it. In America thiMo is no
police for the |)revention of fires, and such accidents are more fro-
quent tlian in Europe; but in general they are more speedily otln-
guished, because the surrounding popuiatiou is prompt in lending as-
sistance.

431

APPENDIX K— Page 77.

r'ho is not en

It is incorrect to assert tliat cenlniiization was produced by the
French revolution : the revohnion brought it to perfection, but did
not create it. The mania for centralization and governnient regula-
tions dates from the time when jurists began to take a share in ilie
government, in the time of Philippe-le-Bel ; ever since which pe-
riod they have be n on the increase. In the year 1775, M. de Males-
herbes, speaking in the name of the Cour des Aides, said to Louis
XIV.*

" Every corporation and every community of citizens,

retained the right of administering its own affairs; a right wbich
not only foinis part of the primitive constitution of the kingdom, but
lias a still higher origin ; for it is the riglit of nature and of reason.
Nevertheless your sul)jects, Sire, have been deprived of it; and we
cannot refrain from saying that in this respect your government has
fallen into puerile extremes. From the time when |)owerfiil ninis-
ters made it a political princi[)le to prevent the convocation of a na-
tional assembly, one consiM|tionce has succeeded another, until the
deliberations of the inhitbilaiits of a village are dcclati-d null when
they have not been auihori/A'd by the Intendant. Of course, if the
comnuiniiy has an expensive undertaking to carry through, it must
remain iinder the control of the sub-delegate of the Intendant, and
consequently follow the plan he proposes, employ bis favorite work-
men, pay them according to his pleasin • ; and if an action at law is
deemed necessary, the Intendanl's permi>>si(Ui must be obtained.
The cause must be pleaded before this fj;>t tribnual, previous to its
being carried into a pul)lic court ; and if tl'e opinion of the Intend-
ant is opposed to that of the inhabitants, or if their adversary enjoys
his favor, thi; rommiuiitv is deprived ot tlie power <\f defending its
rights. Su h are tin iieaiis, Sire, which iiavo been exerted to ex-
tinguish tiie niuu.^ip«l spirit in France: and to stifle, if possible,
the opinions of the ci.'/ens. The nation may be said to lie under
an interdict, and to be in wardship mulor guardians."

Wli.it could be said more to the pur[>os«j at the present day, when
the revolution has achlovod what are called its victories in centrali-
zatiiin (

in 1781' 'oflorson wrote from Paris to one of his friends : "Thtre
is no country where the mania for over-governing has taken deeper
root than in France, or been the source of greater mischief" Letter
lo Fadison, :iSlh August, 1789. .

■" See ' Mrmoire.-i pour servir a I'llistoire dii Droit Public do la France enma-
tiore d'lujpots,' p. 054, printed at Brussels in 1779.

432

The fact is that for several centuries past the central power of
France has done everything it could lo extend central administration;
it lias acJinowlodged no other limits tlian its own strength. The
central power to whici) the revolution gave birth made more rapid
advancf3s than any of its predecessors, because it was stronger and
wiser than they had been; Louis XIV. committed the weiCare of
such communities to the caprice of an Intendant ; NapoK;on left
them to that of the Minister. The same princi|)le governed both,
though its consequences were more or less remote.

In-

I*'

APPENDIX L.— Page 81.

This immutability of the Constitution of France is a necessary
consequence of the laws of that country.

To begin with the most important of all the laws, that which de-
cides the order of succession to the Throne ; what can be more iiii-
mutable in its principle than a political order foundt-d upon the natu-
ral succession of father to son? In 1814 Louis XVIII. had estab-
lished the perpetual law of hereditary siiccess-on in favor of his own
family. The individuals who regulated the consequences of the re-
volution of 1830 followed his example ; they mercdy established the
perpetuity of the law in favor of another family. In this respect
they iu)itated ilie Cliancellor Meaupou, who, when he erected the
new parliament upon the ruins of the old, took care to declare in the
sau)e ordinance that the riuhts of the new mngistratcs should be as
ina!i(Miable as those of their predecessors had been.

The laws of 1830, like those of 1S14, point out no way of chang-
ing the Constitution ; and it is evident that the ordinary means of
legislation are insufficient for this purpose. As the Kints the Peers,
and the Deputies all derive their authority from the Constitution,
these three powers united cannot alter a law by virtue of which
alone they govern. Out of the pale of the Constitution, they are
nothing : where, (hen, could they take their stand to effect a change
in its [)rovisions 1 The alternative is clear : either their elforls are
powerless against the Charter, which continues to exist in spite of
them, in which case they only reign in the name of the Charter ; or^,
they succeed in changing the Charter, and then the law by which
they existed being annulled, they thenis(.'lvcs cease to exist. By de-
stroying the Charter they destroy themselves.

itral power of
Jministration;
rcngtii. The
c more rapid
stronjicr and
lie wolCare of
Niipolcjon left
overiieJ botli,

433

This is much more evident in the laws of 1830 than in those of
1814. In 1814, the royal prerogative took its stand above and
beyond the Constitution ; but in 1830, it was avowedly created by,
and dependent on. the Constitution.

A part therefore of the French Constitution is immutable, because
it is united to the destiny of a family ; and the body of the Constitu-
tution is equally immutable, because there appear to be no legal
means of changing it.

These remarks are not applicable to England. That country hav-
ing no written Constitution, who can assert when its Constitution is
changed ?

s a necessary

lat wliicli dr-
1)0 more ihi-
poll the natii-
II. had estab-
or of liis own
:es of the re-
>tal)IislK'd the
I this respect
errctcd the
lechire in the
should be as

ay of chang-
iry means of
LS tlie Peers,
Coiislitiitioii,
lie of which
ion, they are
ect a change
lir elforls are
t in spite of
Charter ; oi;,
w by wiiich
ist. By dc-

APPENDIX M.— Page 81.

The most esteemed authors who have written upon the English
Constitution agree with each other in establishing the omnipotence
of the Parliament.

Delolme says, " It is a fundamental principle with the English
lawyers, that Parliament can do every thing except making a woman
a man, or c man a woman.*'

Blackstone expresses himself more in detail, if not more energetic-
ally, than Delolme, in the following terms :

" The power and jurisdiction of Parliament, says Sir Edward
Coke (4 Inst. 36.,) is so transcendent and absolute, that it cannot
be confined, either for causes or persons, within any bounds. And
of this high Court, he adds, may be truly said, ' Si antiquitatcm
species, est vetustissima ; si dignitatem, est honoratissima ; si juris-
dictioncm, est capacissirnaJ' It hath sovereign and uncontrollable
authority in the making, confirming, enlarging, restraining, abrogating,
repealing, reviving and expounding of laws, concerning matters of all
possible denominations ; ecclesiastical or temporal ; civil, military,
maritime, or criminal ; this being the place where that absolute
despotic power which must, in all Governments, reside somewhere,
is entrusted by the constitution of these kingdoms. All mischiefs
and grievances, operations and remedies, that transcend the ordinary
course of the laws, are within the reach of this extraordinary tribunal.
It can regulate or new-model the succession to the crown ; as was
done in the reign of Henry VIII. and William III. It can alter
the established religion of the land; as was done in a variety of in-

434

stances in the reigns of King Henry VIII. and his three children.
It can change and create afresh even the Constitution of the King-
dom, and of the parliaments themselves ; as was done by the Act
of Union and the several statutes for triennial and septennial elec-
tions. It can, in short, do everything that is not naturally impossible
to be done ; and, therefore, some have not scrupled to call its power,
by a figure rather too bold, the omnipotence of Parliament."

•«*

I*'

APPENDIX N.— Page 90.

There is no question upon which the American Constitutions
agree more fully than upon that of political jurisdiction. All the
Constitutions which take cognizance of this matter, give to the House
of Delegates the exclusive right of impeachment ; excepting only
the Constitution of North Carolina, which grants the same privilege
to grand juries. (Article 23.)

Almost all the Constitutions give the exclusive right of pronoun-
cing sentence to the Senate, or to the Assembly which occupies
its place.

The only punishments which the political tribunals can inflict are
removal, or the interdiction of public functions for the future. There
is no other Constitution but that of Virginia, (p. 152,) which enables
them to inflict every kind of punishment.

The crimes which are subject to political jurisdiction are, in the
Federal Constitution, ^Section 4. Art. 1.) ; in that of Indiana, (Art.
3. paragraphs 23 and 24.) ; of New York, (Art. 5.) ; of Delaware,
(Art. 5.) ; high treason, bribery, and other high crimes or oflen-
ces.

In the Constitution of Massachusetts, (Chap. 1. Section 2.) ; that
ofNorth Carolina, (Art. 23.) ; of Virginia, (p. 252,) misconduct and
maladministration.

In the Constitution of New Hampshire, (p 105,) corruption, in-
trigue, and maladministration.

In Vermont, (Chap. II., Art. 24.) maladministration.

In South Carolina, ('Art. 5.) ; Kentucky, (Art. 3.) ; Tennessee,
(Art. 4.) ; Ohio, (Art. 1. § 23, 24.) ; Louisiana, (Art. 5.) ; Missis-
sippi, (Art. 5.); Alabama, (Art. 6); Pennsylvania, (Art. 4.);
crimes committed in the non-performance of oflicial duties.

In the States of Illinois, Georgia, Maine, and Connecticut, no
particular offences are specified.

435

APPENDIX O.

It is true tlmt the powers of Europe may carry on maritime wars
witii the Union ; but there is always greater facility and less danger
in supporting a maritime than a continental war. Maritime warfare
only requires one species of effort. A commercial people which
consents to furnish its Government with the necessary funds, is sure
to possess a fleet. And it is far easier to induce a nation to part
with its money, almost unconsciously, than to reconcile it to sacri-
fices of men and personal efforts. Moreover defeat hy sea rarely
compromises the existence or independence of the people which en-
dures it.

As for continental wars, it is evident that the nations of Europe
cannot be formidable in this way to the American Union. It would
be very difficult to transport and maintain in America more than
25,000 soldiers ; an army which may be considered to represent a
nation of about 2,000,000 of men. The most populous nation of
Europe contendinjr in this way against the Union, is in the position
of a nation of 2,000,000 of inhabitants at war with one of 12,000,000.
Add to this, that America has all its resources within reach, whilst
the European is at 4,000 miles distance from his ; and tlmt the im-
mensity of the American continent would of itself present an insur-
mountable obstacle to its conquest.

)rruption, in-

APPENDIX P.— Page 168.

The first American journal appeared in April, 1704, and wasbup-
lished at Boston. See Collection of the Historical Societi/ of Mas-
sachusetts, vol. vi. p. 6G.

It would be a mistake to suppose that the periodical press has
always been entirely free in the American colonies :• an attempt was
made to establish something analogous to a censorship and prelim-
inary security. Consult the Legislative Documents of Massachu-
setts of tlie 14th of January, 1722.

The Committee appointed by the General Assembly (the legisla-

4S6

f>l li

tivo body of the province,) for the purpose of examining into cir-
cumstances connected with a paper cniiiled " The New England
Courier," expresses its opinion that " the tendency of the said
journal is to turn religion into derision, and bring it into contempt ;
that it mentions the sacred writers in a profane and irreligious man-
ner ; that it puts malicious interpretations upon the conduct of tho
ministers of the Gospel ; and that the Government of His Majesty
is insulted, and the peace and tranquillity of the province disturbed
by the said journal. Tho Committee is consequently of opinion
that the printer and publisher, James Franklin, should be forbidden
to print and publish the said journal or any other work in future,
without having previously submitted it to the Secretary of the pro-
vince ; and that the justices of the peace for the county of SuiTolk
should be commissioned to require bail of the said James Franklin
for his good conduct during tho ensuing year.

The suggestion of tho Committee was adopted and passed into a
law, but tho effect of it was null, for the journal eluded the prohibi-
tion by putting the name of Benjamin Franklin instead of James
Franklin at the bottom of its columns, and this maniruvrc was sup-
ported by public opinion.

>\}

« (

L \

APPENDIX Q.— Page 264.

The Federal Constitution has introduced the jury into tho tribu-
nals of the Union in the same way as the States had introduced it
into their own several courts : but as it has not established any fixed
rules ior the clfoice of jurors, the Federal Courts select them from
the ordinary jury-list which each State makes for itself. The laws
of the States must therefore be examined foi- the theory of the for-
mation of juries. See Story* s Commentanes on the Constitution^
B. iii. chap. 38. p. G54 — C59 ; Sergeant^s Constitutional Late, p.
165. See also the Federal Laws of the years 1789, 1800, and 1802,
upon the subject.

For tiie purpose of thoroughly understanding the American prin-
ciples with respect to the formation of juries, I examined the laws
of States at a distance from one another, and the following observa-
tions were the result of my inquiries.

In America all the citizens who exercise the elective franchise
have tlie right of serving upon a jury. The great State of New
York, however, has made a slight difference between the two privi-

437

leges, but In a spirit contrary to that of the laws of France; for in
tlie State of New York there aro fewer persons eligible as jurymen
than there aro electors. It may be said in general that the right of
forming part of a jury, like the right of electing representatives, is
open to all the citizens : tho exercise of this right, however, is not
pnt indiscriminately into any hands.

Every year a body of municipal or county magistrates, — called
selectmen in New England, supervisors in Now York, trustees in
Ohio, and sheriffs of the parish in Louisiana, — choose for each
county a certain number of citizens who have the right of serving as
jurymen, and who are supposed to be capable of exercising tlieir
functions. Tliese magistrates, being themselves elective, excite no
distrust ; their powers, like those of most republican magistrates, are
very extensive and very arbitrary, and they frequently make use of
them to remove unworthy or incompetent jurymen.

The nrmes of the jurymen thus chosen aro transmitted to tho
county court : and the jury who have to decide any alTair aro drawn
by lot from the whole list of names.

The Americans have contrived in every way to make the common
people eligible to the jury, and to render the service as little onerous
as possible. The sessions are held in the chief town of every coun-
ty ; and the jury are indemnified for their attendance either by the
State or the parties concerned. They receive in general a dollar
per day, besides their travelling expenses. In America the being
placed upon the jury is looked upon as a burden, but it is a burden
which is very supportable. See Brevard's Digest of the Public
Statute Law of South Carolina, vol. i. pp. 446 and 454, vol. ii.
pp. 218 and 338 ; The General Laws of Massachusetts, revised
and jmblisliK'i by Authority of the Legislature, ro\. ii. pp. 187 and
331 ; The Revised Statutes of the State of New York, vol. ii. pp.
411, 643, 717, 720 ; The StatutK Law of the State of Tennessee,
vol. i. p. 209 ; Acts of the State of Ohio, pp. 95 and 210 ; and
Digeste Qintral des Ajctes dc la Legislature dc la Louisiane.

APPENDIX R.— Page 267.

If we attentively examine the constitution of the jury as introduced
into civil proceedinjr^ in England, we shall readily perceive iliat tho
jurors are undc'r th.; imujediate control of the judge. It is true that
the verdict of the jury, h\ civil as well as in criminal cases, comprises

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438

the question of fact and the question of right in the same reply :
thus, A house is claimed by Peter as having been purchased by hira :
this is the fact to be decided. The defendant puts in a plea of in-
competency on the part of the vendor : this is the legal question to
be resolved.

But the jury do not enjoy the same character of infallibility in
civil cases, according to the practice of the English courts, as they
do in criminal cases. The judge may refuse to receive the verdict ;
and even after the first trial has taken place, a second or new trial
may be awarded by the Court.
Book iii. ch, 24.

See Blackstone*s Commentaries,

r i]
Ir
U
I

Kii \

THE END.

same reply :
ased by him :
I plea of in-
1 question to

nfallibility in
urts, as they
the verdict ;
or new trial
ommentaries,

f I'l

," '

I' ,'

■'I

NOTES BY THE AMERICAN EDITOR.

NOTE TO PAGE 34.

The paragraph beginning " In America there are comparatively
few who are rich enough to live without a profession," does not fair-
ly render the meaning of the author. The original French is as
follows : —

" En Amerique il y a peu de riches ; presque tous les Americains
ont done besoin d' exercer une profession. Or, toute profession
exige un apprentissage. Les Americains no peuvent done donner a
la culture generale de Tintelligence que les premieres annees de la
vie : a quinze ans, ils entrent dans une carriere : ainsi leur education
finit le plus souvent a I'epoque ou la notre commence."

What is meant by the remark " that at fifteen they enter upon a
career, and thus their education is very often finished at the epoch
when ours commences," is not clearly perceived. Our professional
men enter upon their course of preparation for their respective pro-
fessions, wholly between 18 and 21 years of age. Apprentices to
trades are bound out, ordinarily, at fourteen, but what general edu-
cation they receive is after that period. Previously, they have ac-
quired the mere elements of reading, writing, and arithmetic. But
it is supposed there is nothing peculiar to America, in the age at
which apprenticeship commences. In England, they commence at
the same age, and it is believed that the same thing occurs throughout
Europe. It is feared that the author has not here expressed himself
with his usual clearness and precision.
56

442

NOTE TO PAGE 70-

!" 3

The author's note on this page, suggesting the appointment of an
agent of the government to prosecute town and county officers for
official misconduct, seems to have been written without reference to
the provision existing, it is believed, in every State in the Union, by
which a local officer is appointed in each county, to conduct all pub-
lic prosecutions at the expense of the State. And in each county, a
grand jury is assembled three or four times at least in every ytar,
to which all who are aggrieved have free access, and where every
complaint, particularly those against public officers, which have the
least color of truth, are sure to be heard and investigated.

Such an agent as the author suggests, would soon come to be con-
sidered a public informer, the most odious of all characters in the
United States ; and he would lose all efficiency and strength. With
the provision above-mentioned, there is little danger that a citizen
oppressed by a public officer, would find any difficulty in becoming
his own informer, and inducing a rigid inquiry into the alleged mis-
conduct.

NOTE TO PAGE 104.

Those who are desirous of tracing the question respecting the
power of the President to remove every executive officer of the gov-
ernment, without the sanction of the Senate, will find some light
upon it by referring to 5th Marshall's Life of Washington, p. 196 :
5 Sergeant and Rawle's Reports, (Pennsylvania) 451. Report of a
committee of the Senate in 1822, in Niles' Register of 29th August
in that year. It is certainly very extraordinary that such a vast power,
and one so extensively affecting the whole administration of the gov-
ernment, should rest on such slight foundations, as an inference from

443

lintment of an
ty officers for
ut reference to
the Union, by
nduct all pub-
each county, a
in every y^ar,
I where every
'hich have the
ted.

ome to be con-
racters in the
rength. With
that a citizen
y in becoming
e alleged mis-

respecting the
cer of the gov-
nd some li^ht
igton, p. 196 :
Report of a
f 29th August
la vast power,
on of the gov-
inference from

t ;

an act of Congress, providing, that when the Secretary of the Treas-
ury should be removed by the President, his assistant should discharge
the duties of the office. How Congress could confer the power, even
by a direct act, is not perceived. It must be a necessary implication
from the words of the Constitution, or it does not exist. It has been
repeatedly denied in and out of Congress, and must be considered,
as yet, an unsettled question.

NOTE TO PAGE 118.

The question of the propriety of leaving the President re-eligible,
isone of that class which probably must forever remain undecided. The
author himself at page 100 gives a strong reason for re-eligibility,
" so that the chance of a prolonged administration may inspire him
with hopeful undertakings for the public good, and with the means of
carrying them into execution," — considerations of great weight.
There is an important fact bearing upon this question, which should
be slated in connexion with it. President Washington established
the practice of declining a third election, and every one of his suc-
cessors, either from a sense of its propriety or from apprehensions of
the force of public opinion, has followed the example. So that it has
become as much a part of the Constitution, that no citizen can be a
third time elected President, as if it were expressed in that instrument
in words. This may perhaps be considered a fair adjustment of the
objections on either side. Those against a continued and perpetual
re-eligibility are certainly met: while the arguments in favor of an
opportunity to prolong an administration under circumstances that
may justify it, are allowed their due weight. One effect of this
practical interpolation of the Constitution, unquestionably is, to in-
crease the chances of a President's being once re-elected; as men
will be more disposed to acquiesce in a measure that thus practically
excludes the individual from ever again entering the field of com-
petition.

4'fl

NOTE TO PAGE 125.

The remark of the author, that whenever the laws of the United
States are attacked, or whenever they arc resorted to in self-defence,
the Federal courts 7iiitst be appealed to, and which is more strongly
expressed in the original, is erroneous and calculated to mislead on
a point of some importance. By the grant of power to the courts of
the United States to decide certain cases, the powers of the State
courts are not suspended, but are exercised concurrently, subject to
an appeal to the courts of the United States. But if the decision
of the State court is in favor of the right, title, or privilege claimed
under a treaty or under a law of Congress, no appeal lies to the Fede-
ral courts. The ap{)eal is given only when the decision is against
the claimant under the treaty or law. See 3d Crunch, 268.
1 Wheaton, 304.

I' n

I" '

I '

NOTE TO PAGE 127.

The fears of the author respecting the danger to the independence
of the States of that provision of the Constitution, which gives to the
Federal courts the authority of deciding when a State law impairs
the obligation of a contract, are deemed quite unfounded. The citi-
zens of every State have a deep interest in preserving the obligation
of tiie contracts entered into by them in other States: indeed with-
out such a controlling power, " commerce among the several States"
could not exist. The existence of this common arbiter, is of the last
importance to the continuance of the Union itself, for if there were
no peaceable means of enforcing the obligations of contracts, inde-
pendent of all State authority, the States themselves would inevitably
come in collision in their efforts to protect their respective citizens
from the consequences of the legislation of another State.

of the United
1 self-defence,
nore strongly
to mislead on
» the courts of
of the State
tly, subject to
" the decision
'ilege claimed
s to the Fede-
iion is against
Crunch, 268.

ndependence
h gives to the
law impairs
d. The citi-
the obligation
indeed with-
veral States"
, is of the last
if there were
ntracts, inde-
jld inevitably
ctive citizens
to.

445

M. De Tocqueville's observation, that the rights with which the
clause in question invests the Federal government " are not clearly
appreciable or accurately defined" proceeds upon a mistaken view
of the clause itself. It relates to the obligation of a contract, and
forbids any act by which that obligation is impaired. To American
lawyers, this seems to be as precise and definite as any rule can be
made by. human language. The distinction between the right to
the fruits of a contract, and the time, tribunal, and manner, in which
that right is to be enforced, seems very palpable. At all events,
since the decisions of the Supreme Court of the United States in
those cases in which this clause has been discussed, no difficulty is
found, practically, in understanding the exact limits of the pro-
hibition.

The next observation of the author, that "there are vast numbers
of political laws which influence the existence of obligations of con-
tracts, which may thus furnish an easy pretext for the aggressions of
the central authority," is rather obscure. Is it intended that politi-
cal laws may be passed by the central authority, influencing the ob-
ligation of a contract, and thus the contracts themselves be destroy-
ed ? The answer to this, would be, that the question would not
arise under the clause forbidding laws impairing the obligation of
contracts, for that clause applies only to the States and not to the
Federal government.

If it be intended, that the States may find it necessary to pass po-
litical laws, which affect contracts, and that under the pretence of
vindicating the obligation of contracts, the central authority may
make aggressions on the States and annul their political laws : — the
answer is, that the motive to the adoption of the clause, was to reach
laws of every description, political as well as all others, and that
it was the abuse by the States of what may be called political laws,
viz : acts confiscating demands of foreign creditors, that gave rise to
the prohibition. The settled doctrine now is, that States may pass
laws in respect to the making of contracts, may prescribe what con-
tracts shall be made, and how, but that they cannot impair any that
are already made.

The writer of this note is unwilling to dismiss the subject, without
remarking upon what he must think a fundamental error of the au-

;»•.:

446

f n

thor, which is exhibited in the passage commented on, as well as in
other passages : — and that is, in supposing the judiciary of the
United States, and particularly the Supreme Court, to be a part of
the political Federal government, and as the ready instrument to
execute its designs upon the State autliorities. Although the judges
are in form commissioned by the United States, yet in fact, are tlicy
appointed by the delegates of the State, in the Senate of the United
States, concurrently with, and acting upon, the nomination of the
President. If the Legislature of each State in the Union were to
elect a judge of the Supreme Court, he would not be less a political
officer of the United States than he now is. In truth, the judiciary
have no political duties to perform ; they are arbiters chosen by the
Federal and State governments, jointly, and when appointed, as in-
dependent of the one as of the other. They cannot be removed
without the consent of the States represented in the Senate, and
they can be removed without the consent of the President, and
against his wishes. Such is the theory of the Constitution. And
it has been felt practically, in the rejection by the Senate of persons
nominated as judges, by a President of the same political party with
a majority of the Senators. Two instances of this kind occurred
during the adminJitration of Mr. Jefferson.

If it be alleged that they are exposed to the influence of the Ex-
ecutive of the United States, by tlie expectation of offices in his gift,
the answer is, that judges of State courts are equally exposed to the
same influence, — that all State officers from the highest to the lowest,
are in the same predicament ; and that this circumstance does not,
therefore, deprive them of the character of impartial and independ-
ent arbiters.

These observations receive confirmation from every recent deci-
sion of the Supreme Court of the United States, in which certain
laws of individual States have been sustained, in cases, where to say
the least, it was very questionable whether they did not infringe the
provisions of the Constitution, and where a disposition to construe
those provisions broadly &nd extensively, would have found very
plausible ground to indulge itself in annulling the State laws referred
to. See the cases of City of New York vs. Miln, llth Peters 103.
Briscor vs. the Bank of the Commonwealth of Kentucky^ ib. 257.
Charles River Bridge vs. Warren Bridge, ib. 420.

447

IS well as in
iary of the
be a part of
strument to
\\ the judges
Kt, are they
f the United
ition of the
lion were to
ss a political
he judiciary
liosen by the
inted, as in-
be removed
Senate, and
•esident, and
iition. And
te of persons
il party with
ind occurred

of the Ex-
s in his gift,
posed to the

the lowest,
c does not,
d indcpend-

recent deci-
lich certain
here to say
infringe the
to construe
found very
ws referred
Peters 103.
ki/j ib. 257.

NOTE TO PAGE 135.

It is not universally correct, as supposed by the author, that the
State Legislatures can deprive their Governor of his salary at plea-
sure. In the Constitution of New York it is provided, that the
Governor " shall receive for his services a compensation which shall
neither be increased nor diminished during the term for which he
shall have been elected ;" and similar provisions are believed to ex-
ist in other States.

Nor is the remark strictly correct, that the Federal Constitution
" provides for the independence of the judges, by declaring that
their salary shall not be alicredy The provision of the Constitution
is, that tiiey shall, " at stated times, receive for their services a com-
pensation which shall not be diminished during their continuance in
office."

NOTE TO PAGE 148.

The difficulty supposed by the author in his note at this page is
imaginary. The question of title to the lands in the case put, must
depend upon the Constitution, treaties and laws of the United States ;
and a decision in the State court adverse to the claim or title set up
under those laws, must, by the very words of the Constitution and
of the judiciary act, be subject to review by the Supreme Court of
the United States, ^hose decision is final.

The remarks in the text of this page upon the relative weakness
of the Government of the Union, are equally applicable to any form
of Republican or Democratic Government, and are not peculiar to a
Federal system. Under the circumstances supposed by the author,
of all the citizens of a State, or a large majority of them, aggrieved
at the same time and in the same manner, by the operation of any

148

law, the same difTiciilty would arise in executing the laws oi' the
State as in those of the Union. Indeed, such instances of the total
ineftlcacy of KState laws, are not wanting. The fact is, that Jill re-
publics depend on tjic willingness of the people to execute the laws.
If they will not enforce them, there is, so far, an end to the govern-
ment, for it possesses no power adequate to the control of the phy-
sical power of the people.

Not only in theory, but in fact, a republican government must be
administered by tho people themselves. They, and they alone,
must execute the laws. And hence the first principle in such gov-
ernnents, that on which all others depend, and without which no other
can exist, is and must be, obedience to the existing laws at all times
and under all circumstances. It is the vital condition of the social
compact. He who claims u dispensing power for himself, by which
he suspends the operation of tho law in his own case, is worse than
a usurper, for he not only tramples under foot tho Constitution of his
country, but violates the reciprocal pledge which he has given to his
fellow citizens, and has received from them, that he will abide by the
laws constitutionally enacted ; upon the strength of which pledge,
his own personal rights and acquisitions are protected by the rest of
the community.

NOTE TO THE REMARKS AT PAGE 189 TO 191, RE-
SPECTING THE ARBITRARY POWERS OF MAGIS-
TRATES.

The observations respecting the arbitrary powers of magistrates
are practically among the most erroneous in the work. The author
seems to have confounded the idea of magistrates being independent
with their being arbitrary. Yet he had just before spoken of their
dependence on popular election as a reason why there was no ap-
prehension of the abuse of their authority. The independence then

i'^

449

to which ho alludes must bo an immunity from responsibility to any
other department. But it is f' fundamental principle of our system,
that all officers are liable to criminal prosecution '* whenever they
act partially or oppressively from a malicious or corrupt motive."
See 15 Wendell's Reports, 278. That our majristrates are independ-
ent when they do not act partially or oppressively is very true, and
it is to be hoped, is equally true in every form of government. There
would seem therefore, not to be such a degree of independence, as
necessarilyto produce arbitrariness. Thoauthorsupposcs that magis-
trates are more arbitrary in a despotism and in a democracy than
in a limited monarchy. And yet, the limits of independence and
of responsibility existing in the United States, are borrowed from
and identical withtl.oso established in England, — the most prominent
instance of a limited monarchy. See the authorities referred to in
the case in Wendell's Reports, before quoted. Discretion in the
execution of various ministerial duties, and in the awarding of pun-
ishment by judicial ofTicers, is indispensable in every system of gov-
ernment, from the utter impossibility of "laying down beforehand, a
line of conduct" (as the author expresses it) in such cases. The
very instances of discretionary power to which he refers, and which
he considers arbitrari/, exist in England. Thee, the persons from
whom juries are to be formed for the trial of causes civil and criminal,
are selected by the Sheriffs, who are appointed by the crown, — a
powq^r, certainly more liable to abuse in their hands, than in those
of select-men or other town officers, chosen annually by the people.
The other power referred to, that of posting the names of habitual
drunkards, and forbidding their being supplied with liquor, is but a
re-iteration of the principles contained in the English Statute of 32
Geo. 3 ch. 45, respecting idle and disorderly persons. Indeed, it
may be said with great confidence, that there is not an instance of
discretionary power being vested in American magistrates which
does not find its prototype in the English laws. The whole argu-
ment of the author, on this point therefore, would seem to fail.

450

NOTE TO PAGE 192.

In
V
I

His remarks upon the " instability of administration" in America,
are partly correct, but partly erroneous. It is certainly true that
our public men are- not educated to the business of government ;
even our diplomatists are selected with very little reference to their
experience in tiiat Department. But the universal attention that
is paid by the intelligent, to the measures of government and to the
discussions to which they give rise, is in itself no slight preparation
for the ordinary duties of legislation. And, indeed, this the author
subsequently, at p. 101), seems to admit. As to there being " no
archives formed" of public documents, the author is certainly mis-
taken. The journals of Congress, the journals of State legislatures,
the public documents transmitted to and originating in those bodies,
are carefully preserved and disseminated through the nation: and
they furnish in themselves the materials of a full and accurate history.
Our great defect, doubtless is, in the wani of statistical information.
Excepting the annual reports of the state of our commerce, made by
the Secretary of the Treasury', under a law, and excepting the census
which is taken every ten years under the authority of Congress, and
those taken by the States, we have no official statistics. It is supposed
that the author had this species of information in his mind, when he
alluded to the general deficiency of our archives.

NOTE TO PAGE 208.

The remark that " in America the use of conscription is unknown,
and men are induced to enlist by bounties" is not exactly correct.
During the last wa»- with Great Britain, the State of Now York in
October 1814 (See the laws of that Session, p. 15) passed an act to
raise troops for the defence of the State, in which the whole body

( '

451

" in America,
inly true that
government ;
irence to their
attention that
ent and to the
It preparation
his tiie author
re being " no
certainly mis-
te legislatures,
I those bodies,
e nation: and
curate history,
al information,
erce, made by
Ling the census
Congress, and
It is supposed
nind, when he

)n is unknown,
xactly correct.
' Now York in
issed an act to
ic whole body

of the militia were directed to be classed, and each class to furnish
one soldier, so as to make up the whole number of 12,000 directed
to be raised. In case of the refusal of a class to furnish a man, one
was to be detached from them by ballot, and was compelled to pro-
cure a substitute or serve personally. The intervention of peace
rendered proceedings under the act unnecessary, and we have not,
therefore, the light of experience to form an opinion whether such a
plan of raising a military force is practicable. Other States passed
similar laws. The system of classing was borrowed from tlie prac-
tice of the revolution.

NOTE TO THE REMARKS FROM PAGE 240 TO 247.
ON THE TYRANNY OF THE MAJORITY.

The author's views upon what he terms the tyranny of the major-
ity, the despotism of public opinion in the United States, have already
excited some remarks in this country, and will probably give occasion
to more. As stated in the preface to this edition, the editor does
not conceive himself called upon to discuss the speculative opinions
ot the author, and supposes he will best discharge his duty by con-
fining his observations to what he deems errors of fact or law. But
in reference to this particular subject, it seems due to the author to
remark, that he visited the United States at a particular time, when
a successful political chieftain had succeeded in establishing his par-
ty in power, as it seemed, firmly and permanently; when the pre-
ponderance of that parry was immense, and when there seemed little
prospect of any changp. He may have met with men who sank un-
der the astonishing popularity of General Jackson, who despaired of
the Republic, and who therefore siirunk from the expression of their
opmions. It must be confessed, however, that the author is obnox-
ious to the charge which has been made, of the want of perspicuity

452

hi t,

\ii ''1^

and distinctness in this part of his work. He does not mean that the
press was silent, for he has himself not only noticed, but furnished
proof of the great fieedom, not to say licentiousness with which it
assailed the character of the President, aiid the measures of his ad-
ministrr cion.

He does not mean to represent the opponents of the dominant par-
ty as having thrown down their weapons of warfan», for his book
shows throughout, his knowledge of the existence of an active and
able party, constantly opposing and harassing the administration.

But, after a careful perusal of the chapters on this subject, the
editor is inclined to the opinion, that M. De Tocqueville intends to
speak of the Tyranny of the party in excluding from public employ-
ment all those who do not adopt the Shibboleth of the majority.
The language at p. 245, 246 of this edition, which he puts in the
mouth of a majority, and his observations at p. 248, seem to furnish
the key to his meaning, although it must be admitted that there are
other passages to which a wider construction may be given. Per-
haps they may be reconciled by the idea that the author considers
the acts and opinions of the dominant party, as the just and true ex-
pression of public opinion. And hence, when he speaks of the in-
tolerance of public opinion, he means the exclusiveness of the party,
which, for the time being, may be predominant. He had seen men
of acknowledged competency removed from office, or excluded from
it, wholly on the ground oftheir entertaining opinions hostile tothosuof
the dominant party, or majority. And he had seen this system ox-
tended to the very lowest officers of the government, and applied by
the Electors in their choice of officers of all descriptions ; and this
he deemed persecution — tyranny — despotism. But he surely is mis-
taken in representing the effect of this system, of terror as stifling
all complaint, silencing all opposition, and inducing " enemies and
friends to yoke themselves alike to the triumphant car of the major-
ity." He mistook a temporary state of parties for a permanent and
ordinary result, and he was carried away by the immense majority
•that then supported the administration, to the belief of an universal
acquiescence. Without intending here to speak of the merits or de-
merits of those who represented that majority, it is proper to remark,
that the great change which has taken place since the period when

453

; mean that the
but furnished
with which it
nes of his ad-
dominant par-
', for his booic
an active and
ninistration.
Iiis subject, the
ille intends to
public employ-
the majority,
le puts in the
seem to furnish
that there are
le given. Per-
iithor considers
ist and true ex-
eaks of the in-
ss of the party,
liad seen men
exchided from
3stile tothoso of
tliis system ox-
and applied by
tions ; and this
10 surely is mis-
rror as stifling
" enemies and
r of the major-
permanent and
iiense majority
f an universal
le merits or de-
per to remark,
e period when

the author wrote, in the political condition of the very persons who
he supposed then wielded the terrors of disfranchisement against
their opponents, in itself furnishes a full and complete demonstration
of the error of his opinions respecting the " true independence of
mind and freedom of discussion" in America. For without such dis-
cussion to enlighten the minds of the people, and without a stern in-
dependence of the rewards and threats of those in power, the change
alluded to could not have occurred.

There is reason to complain not only of the ambiguity, but of the
style of exaggeration which pervades all the remarks of the author on
this subject — so diflerent from ihe well considered and nicely ad-
justed language employed by him on all other topics. Thus, at p.
242, he implies that there is no means of redress aflbrded even by
the judiciary, for a wrong committed by the majority. Flis error is,
first, in supposing the jury to constitute the judicial power; second^
overlooking what he has himself elsewhere so well described; the in-
dependence of the judiciary and its means of controlling the action
of a majority in a state or in the Federal government ; and thirdhj^
in omitting the proper considerations of the frequent changes of pop-
ular sentiment by which the majority of yesterday becomes the mi-
nority of to day, and its acts of injustice are reversed.

Certain it is that the instances which he cites at this page, do not
establish his position respecting the disposition of the majority. The
riot at Baltimore, was like other riots in England and in France, the
result of popular frenzy excited to madness by conduct of the most
provoking character. The majority in the State of INiaryland and
throughout the United States, highly disapproved the acts of violence
committed on the occasion. The acijuittal by a jury of those ar-
raigned for the murder of Gen. Lingan, proves only, that there was
not sufficient evidence to identify the accused, or that the jury was
governed by passion. It is not perceived how the majority of the
people are answerable for the verdicts rendered. Tlie guilty have
often been erroneously acquitted in all countries, and in France par-
ticularly, recent instances are not wantingof acquittals, especially in
prosecutions for political oflbnces, against clear and indisputable tes-
timony. And it was entirely fortuitous that the jury was composed
of men whose sympathies were with the rioters and murderers, if the

454

pi)

I' "

fact was so. It not unfrcquontly happens that a jury taken from lists
furnished years perhaps, and always a long time before the trial, are
decidedly hostile to the temporary prevailing sentiments of their city,
county, or state.

As to to the other instance, if the inhabitants of Pennsylvania in-
tended to intimate to our author, that a colored voter would be in
personal jeopardy for venturing to appear at the polls to exercise his
right, it must be said in truth, that the incident was local and peculiar,
and contrary to what is annually witnessed throughout the States
where colored persons are permitted to vote, who exercise that privi-
lege with as full immunity from injury or oppression, as any white
citizen. And, after all, it is believed that the state of feeling inti-
mated by the informant of our author, is but an indication of dislike
to a caste degraded by servitude and ignorance ; and it is not per-
ceived how it proves the despotism of a majority over the freedom
and independence of opinion. If it be true, it proves a detestable
tyranny over acts, over the exercise of an acknowledged right.
The apprehensions of a mob committing violence deterred the color-
ed voters from approaching the polls. Are the instances unknown
in England or even in France, of peaceable subjects being prevented
by mobs or the fear of them, from the exorcise of a right, from the
discharge of a duty ? And are they evidences of the despotism of a
majority in those countries ?

NOTE TO PAGE 257, RESPECTING THE FORCE OF
PRECEDENTS IN AMERICA.

The remark that English and American lawyers found their
opinions and their decisions upon those of their foreHithers, is calcu-
lated to excite surprise in an American reader, who supposes that
iaw as a prescribed rule of action, can only be ascertained in cases

435

where the Statutes are silent, by reference to the decisions of courts.
On the Continent, and particularly in France, as the writer of this
note learned from the conversation of M. De Tocqueville, the judi-
cial tribunals do not deem themselves bound by any precedents, or
by any decisions of their predecessors or of the appellate tribunals.
They respect such decisions as the opinions of distinguished men,
and they pay no higher regard to their own previous adjudications
of any case. It is not easy to perceive how the law can acquire any
stabilty under such a system, or how any individual can ascertain
his rights, without a lawsuit. This note should not be concluded
without a single remark upon what the author calls an implicit defer-
ence to the opinions of our forefathers, and abnegation of our own
opinions. The Common law consists of principles founded on the
common sense of mankind, and adapted to the circumstances of man
in civilized society. When these principles are once settled by
competent authority, or rather declared by such authority, they are
supposed to express the common sense and the common justice of
the community ; and it requires but a moderate share of modesty for
any one entertaining a dilferent view of them, to consider that the
disinterested and intelligent judges who have declared them, are
more likely to be right than he is. Perfection, even in the law, he
does not consider attainable by human beings, and the greatest ap-
proximation to it, is all that he expects or desires. Besides, there
are very few cases of positive and abstract rule, where it is of any
consequence which, of any two or more modifications of it, should
be adopted. The great point is, that there should be a rule by
which conduct may be regulated. Thus, whether in mercantile
transactions notice of a default by a principal, shall be given to an
indorser, or a guarantor, and when and how such notice shall be
given, are not so important in themselves, as it is that there should
be some r •'- to which merchants may adapt themselves and their
transactions. Statutes can not, or at least do not prescribe the rules
in a large majority of cases. If then they are not drawn from the
decisions of courts, they will not exist, and men will be wholly at a
loss for a guide in the most important transactions of business.
Hence the deference paid to legal decisions. But this is not im-
plicit, as the author supposes. The course of reasoning by which

456

y,)

111', ,

,"■3

1^1

"'is

the courts have come to their (ionchisions, is often assailed by the
advocate and shown to be fallacious, and the instances are not un-
frequent of courts disregarding prior decisions and overruling when
not fair!y deducible from sound reason.

Again, the principles of the common law are flexible, and adapt
themselves to changes in society, and a well known maxim in our
system, that when the reason of the law ceases, the law itself ceases,
has overthrown many an antiquated rule. Within these limits, it is
conceived there is range enough for the exercise of all the reason of
the advocate and the judge, without unsettling every thing and de-
priving the conduct of human affairs of all guidance from human au-
thority ; — and the talents of our lawyers and courts find sufficient
exercise in applying the principles of one case to the facts of another.

NOTE TO PAGE 2G7.

The remark in the. text that "in some cases, and they are fre-
quently the most important ones, the American judges have the
right of deciding causes alone," and the author's note in the same
page, that " the Federal judges decide, upon their own authority, al-
most all the questions most important to the country," seem to require
explanation in consequence of their connexion with the context in
which the author is speaking of the trial by jury. They seem to im-
ply that there are some cases which ought to be tried by jury that
are decided by the judges. It is believed that the learned author,
although a distinguished advocate in France, never thoroughly com-
prehended the grand divisions of our complicated system of law, in
civil cases. First, is the distinction between cases in equity and
those in which the rules of the common law govern. Those in equity
are always decided by the judge or judges, who mai/, however, send
questions of fact to be tried in the common law courts by a jury.
But as a general rule this is entirely in the discretion of the Equity

457

lailed by the

are not un-

ruling when

!, and adapt
ixim in our
Itself ceases,
! limits, it is
he reason of
ing and de-
n human au-
ind sufficient
s of another.

hey are fre-
es have the
n the same
luthority, al-
m to require
5 context in
seem to im-
by jury that
rned author,
aughly com-
n of law, in
1 equity and
ise in equity
wever, send
s by a jury,
the Equity

judge. Second, In cases at common law, there are questions of fact
and questions of law: — the former are invariably tried by a jury,
the latter, whether presented in the course of a jury trial, or by plead-
ing, in which the facts are admitted, are always decided by the judges.
Third, Cases of Admiralty jurisdiction, and proceedings in rem of
an analogous nature, are decided by the judges without the interven-
tion of a jury. The cases in this last class fall within the peculiar
jurisdiction of the Federal courts, and with this exception, the Fede-
ral judges do not decide upon their own authority, any questions,
which, if presented in the State courts would not also be decided by
the judges of those courts. The Supreme Court of the United States,
from the nature of its institution as almost wholly an appellant court,
is called on to decide merely questions of law, and in no case can
that court decide a question of fact, except it arises in suits peculiar
to Equity or Admiralty jurisdiction. Indeed the author's original
note is more correct than the translation. It is as follows : " Les
juges federaux tranchent presque toujours seuls les questions qui
touchent de plus pres au gouvernement du pays." And it is very
true that the Supreme Court of the United States, in particular, de-
cides those questions which most nearly affect the government of the
country, because those are the very questions which arise upon the
constitutionality of the laws of Congress and of the several States,
the final and conclusive determination of which is vested in that tri-
bunal.

NOTE TO PAGE 279.

The sentence at the top of the page, beginning " I was poor, I
became rich," &c., struck the editor on perusal, as obscure, if not
contradictory. The original seems more explicit, and justice to the
author seems to require that it should be presented to the reader.
" J'etais pauvre, me voici riche : du nioins, si le bien-^tre, en agissant
68

458

sur ma conduitc, laissalt mon jugement en liberte ! Mais non, mes
opinions sont en eflet changoes avec nia fortune, et, dans I'evenement
heureux dont je profile, j'ai reellement decouvert la raison determi-
nanto qui jusque — la m'avait manque."

NOTE TO PAGE 287.

The instance given by the author of a person offered as a witness,
having been rejected on the ground that he did not believe in the
existence of a God, seems to be adduced to prove either his asser-
tion that the Americans hold religion to be indispensable to the
maintenance of republican institutions — or his assertion, that if a
man attacks all the sects to, ^ther, every one abandons him and he
remains alone. But it is questionable how far the fact quoted
proves either of these positions. The rule, which prescribes as a
qualification for a witness, the belief in a Supreme Being who will
punish falsehood, without which he is deemed wholly incompetent to
testify, is establislied for the protection of personal rights, and not to
compel the adoption of any system of religious belief. It came with
all our fundamental principles from England, as a part of the com-
mon law which the Colonists brought with them. It is supposed
to prevail in every country in Christendom, whatever may be the
form of its government ; and the only doubt that arises respecting
its existence in France, is created by our author's apparent sur-
prise at finding such a rule in America.

NOTE TO PAGE 296.

The remark that in America " there are very good workmen
but very few inventors," will excite surprise in this country. The
inventive character of Fulton, he seems to admit, but would appa-

;■
U

459

rontly deprive us of tlie credit of liis name, by the remark that he
was obliged to profler his services to foreign nations for a long time.
He might have added, that those proflers were disregarded and neg-
lected, and that it was finally in his own country that he found the
aid necessary to put in execution his great project. If there bo
patronage extended by the citizens of the United Stales to any one
thing in preference to another, it is to the results of inventive genius.
Surely, Franklin, Rittenhouso and Perkins, have been heard of by
our author ; and he must have heard something of that wonderful
invention, the Cotton-gin of Whitney, and of the machines for mak-
ing cards to comb wool. The original machines of Fulton for the
application of steam have been constantly improving, so that there
is scarcely a vestige of them remaining. But to sum up the whole,
in one word, can it be possible that our Author did not visit the Pa-
tent Oflico at Washington ? Whatever may be said of the utility
of nine-tenths of the inventions of which the descriptions and mo-
dels are there deposited, no one who has ever seen that depository,
or who has read a description of its contents, can doubt that they
furnish the most incontestible evidence of extraordinary inventive
genius ; — a genius that has excited the astonishment of other Euro-
pean travellers.

NOTE UPON THE REMARK AT PAGE 3()6 TO 3G8 RE-
SPECTING T[1E POWER OF THE FEDERAL GOV-
ERiNMENT TO PRESERVE THE UNION.

The remarks respecting the inability of the Federal government
to retain within the Union any State that may chose " to withdraw
its name from the contract," ought not to pass through an American
edition of tliis work, without the expression of a dissent by the editor
from the opinion of the author. The laws of the U lited States must
remain in force in a revolted State, until repealed by Congress; the

460

f ll

customs and postages must be collected; tlie courts of the United States
must sit, and must decide the causes submitted to them ; as has been very
happily explained by the author, the courts act upon individuals. If
their judgments are resisted, the executive arm must interpose, and
if the State authorities aid in the resistance, the military power of
the whole Union must be invoked to overcome it. So long as tho
laws affecting tho citizens of such a State remain, and so long as
there remain any officers of the general government to enforce them,
these results must follow not only theoretically but actually. The
author probably formed the opinions which are the subject of these
remarks, at the commencement of the controversy with South Caro-
lina respecting the Tariff. And when they were written and pub-
lished, he had not learned the result of that controversy, in which
the supremacy of the Union and its laws, was triumphant. There
was doubtless great reluctance in adopting the necessary measures
to collect the customs, and to bring every legal question that could
possibly arise out of the controversy, before the judiciary of the
United States, but they were finally adopted, and were not the less
successful for being the result of deliberation and of necessity. Out
of that controversy have arisen some advantages of a permanent cha-
racter, produced by the legislation which it required. There were
defects in the laws regulating the manner of bringing from the State
courts into those of the United States, a cause involving the constitu-
tionality of acts of Congress or of the States, through which the Fede-
ral authority might be evaded. Those defects were remedied by
the legislation referred to ; and it is now more emphatically and uni-
versally true, than when the author wrote, that the acts of the gene-
ral government operate through the judiciary, upon individual citizens,
and not utJon the States.

I' . M,

NOTE TO PAGE 370.

The discrepancy between Darley's estimate of the area of the
United States given by the author at p. 370, and that stated by the

461

United Sttites
has been very
dividuals. If
ilerpose, and
iry power of
long as tlio
I so long as
nforce them,
tually. The
lect of these
South Caro-
3n and pub-
sy, in which
ant. There
iry measures
in that could
iciary of the
not the less
essity. Out
manent cha-
There were
>m the State
the constitu-
ch the Fede-
emedied by
illy and uni-
of the gene-
lual citizens,

translator, is not easily accounted for. In Bradford's comprehensive
Atlas, a work generally of groat accuracy, it is said that " as claimed
by this country, the territory of the United States extends from
25° to 54" North latitude, and from 66° 49' to 125" West longitude,
over an area of about 2,200,000 square miles."

irea of the
ated by the

NOTE TO PAGE 387.

The ,.emark of the author, that " whenever an interpretation of
the terms of the Federal Constitution has been called for, that inter-
pretation has most frequently been opposed to the Union, and favor-
able to the States" requires considerable qualification. — The in-
stances which the author cites, are those of legislative interpreta-
tions, not those made by the judiciary. It may be questioned whe-
ther any of those cited by him are fair instances oi interpretation. —
Although the then President and many of his friends doubted or
denied the power of Congress over many of the subjects, mentioned
by the author, yet the omission to exercise the powers thus ques-
tioned, did not proceed wholly from doubts of the Constitutional au-
thority. It must bo remembered that all these questions affected
local interests of the States or Districts represented in Congress, and
the author has elsewhere shown the tendency of the local feeling to
overcome all regard for the abstract interest of the Union. Hence
many members, have voted on these questions without reference to
the constitutional question, and indeed without entertaining any
doubt of their power. These instances, may afford proof, that the
Federal power is declining, as the author contends, but they do not
prove any actual interpretation of the Constitution. And so nu-
merous and various are the circumstances to influence the decision
of a legislative body like the Congress of the United States, that
the people do not regard them as sound and authoritative exposi-
tions of the true sense of the Constitution, except perhaps in those
very few cases, where there has been a constant and uninterrupted

462

t 'i

I I

practico from tlic organization of tho gorornment. Tlio judiciary
is looked to as tlio only autliontic expounder of tho Constitution,
and iiiitil a law of Conj^ress lias passed that ordeal, its constitutional-
ity is open to question : of uliicli our history furnishes many exam-
ples There are errors in some of tho instances given by our

author, which would materially mislead, if not corrected. That in
relation to tho Indians, proceeds upon the assumption that tho Uni«
ted States claimed some rights over Indians or tho Territory occu-
pied by them, Inconsistent with tho claims of tho States. But this
is a mistake. As to their lands, tho United States never pretended
to any right in them, except such as was granted by the cessions of
tho States. The principle universally acknowledged in the Courts of
the United States and of the several States, is, that by the treaty
with Great Britain in which the Independence of tho Colonies was
acknowledged, the States became severally and individually inde-
pendent, and as such, succeeded to the rights of the Crown of Eng-
land to and over the lands within the boundaries of tho respective
States. The right of the Crown in these lands, was tho absolute
ownership, subject only to the right of occupancy by the Indians so
long as thsy remained a tribe. This right devolved to each State
by the treaty which established their independence, and the United
States have never questioned it. See Gth Cranch, 87 ; 8lh Whea-
ton, 592, 884 ; 17th John's Reports, 231. On the other hand, the
right of holding treaties with the Indians, has universally been con-
ceded to the United States. The riglit of a State to the lands occu-
pied by the Indians, within the boundaries of such State, does not in
the least conflict with the right of holding treaties on national sub-
jects, by the United States with those Indians. With respect to In-
dians residing in any territory ivithout the boundaries of any State,
or on lands ceded to the United States, the case is diflerent ; tho
United States are in such cases the proprietors of the soil, subject to
the Indian right of occupancy, and when that right is extinguished
the proprietorship becomes absolute. It will be seen, then, that in
relation to the Indians and their lands, no question could arise re-
specting the interpretation of the Constitution. The observation
that *' as soon as an Indian tribe attempted to fix its dwelling upon a
given spot, the adjacent States claimed possession of the lands, and

K.!

4G3

riio jiiJiciary
Constitution,
:onstitutlonal-
niany cxam-
givon by our
ted. That in
that the Uni-
criitory occu-
tcs. But this
vcr protended
lic cessions of
I tlie Courts of
by the treaty
Colonies was
vidually inde-
rown of Eng-
thc respective
tho absohito
the Indians so
to each State
d the United
' ; 8ih W hea-
ther hand, tiic
lly been con-
le lands occu-
tc, does not in
national sub-
respect to In-
of any State,
diflcrcnt ; the
soil, subject to
extinguished
, then, that in
uld arise re-
le observation
veiling upon a
he lands, and

tho rights of sovereignty over tho natives" — is a strango compound
of error and of truth. As above remarked, the Indian right of oc-
cupancy has ever been recognised by the Stat(;s, with the exception
of tho case referred to by tho author, in which (jeorgia claimed tho
right to possess certain lands occupied by the Cherokees. This was
anomalous, and grew out of treaties and cessions, tho details of which
aro too numerous and complicated for the limits of a note. But iu
no other cases have tho States over claimed the possession of lands
occupied by Indians, without having previously extinguished their
right by purchase.

As to tho rights of sovereignly over tho natives, the principle ad-
mitted in the United States is, that all persons within tho territorial
limits of a State aro and of necessity must be, subject to the jurisdic-
tion of its laws. While the Indian tribes were numerous, distinct
and separate from the whites, and possessed a government of their
own, tho Slate authorities from considerations of policy, abstained
from the exercise of criminal jurisdiction for ofl'ences committed by
the Indians among tliemselves, although for ofl'ences against tho
whites, they were subjected to tho operation of the State laws. But
as these tribes diminished in numbers, as those who remained among
them became enervated by bad habits, and ceased to exercise any
efleclual government, humanity demanded that tho power of the
States should be interposed to protect the miserable remnants from
the violence and outrage of each other. The first recorded instance
of interposition in such a case, was in 1821, when an Indian of the
Seneca tribe in the Stato of New York was tried and convicted of
murder on a squaw of the tribe. The courts declared their compe-
tency to take cognizance of such offences, and the Legislature con-
firmed the declarations by a law. Another instance of what the

author calls interpretation of the Constitution against the general
government, is given by him in the proposed act of 1832 which pass-
ed both houses of Congress, but was vetoed by tho President, by
which, as he says, " the greatest part of the revenue derived from
tho sale of lands, was made over to the new western republics." But
this act was not founded on any doubt of tho title of the United States
to the lands in question, nor of its constitutional power over them,
and cannot be cited as any evidence of the interpretation of the Con-

464

stitution. An error of fact in this statement ought to be corrected.
The bill to which the author refers, is doubtless that usually called
Mr. Clay's land bill. Instead of making over the greatest part of
the revenue to the new States, it appropriated 12J percent, to them,
in addition to 5 per cent, which had been originally granted for the
purpose of making roads. See Niles' Register, vol. 42, p. 355.

ft] 11

r J

NOTE TO PAGE 398.

It has been objected by an American review, that our author is
mistaken in charging our laws with instability, and in answer to
the charge, the permanence of our fundamental political institutions
has been contrasted with the revolutions in France. But the objec-
tion proceeds upon a mistake of the author's meaning, which at this
page is very clearly expressed. He refers to the instability which
modifies secondary laws, and not to that which shakes the founda-
tions -f the Constitution. The distinction is equally sound and phi-
losophic, and those in the least acquainted with the history of our
legislation, must bear witness to the truth of the author's remarks.
The frequent revisions of the Statutes of the States, rendered neces-
sary by the multitude, variety, and often, the contradiction of the
enactments, furnishes abundant evidence of this instability.

NOTE TO PAGE 410.

The prophetic accuracy of the author, in relation to the present
actual condition of Texas, exhibits the sound and clear perception
with which he surveyed our institutions and character.

■

be corrected,
usually called
atest part of
cent, to them,
■anted for the
2, p. 355.

our author is
in answer to
cal institutions
But the objec-
l, which at this
stability which
3s the founda-
sound and phi-
history of our
hor's remarks,
endered ncces-
idiction of the
Jility.

to the present
ear perception