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THE WORLDS
GREAT CLASSICS

Timothy Dwighx D.D. LLD.
Richard Henry5toddard
Arthvr Richmond Marsh. AB.
Pavlvan Dyke.D.D.
Albert Ellery Bergh ^^

ITH.NFADIY TNX'O- yp: V

•ILLV5TRATED • WITH- NEARLY TWO-
•HVNDREDPHOTOCRAVVRE5 • ETCH=
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•the -COLONIAL- PRESS

• NEW-YORK ^fe, MDCCCXCIX

'l^ax^^(^ca\(C^(G^rn^(ci^C(t^(c ^ Cii\fdhC^ ^

A/JSXIS DR TOCQUEVILLE.

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i^( JUN 18 1901 V-^

>^'A^2)

ALEXIS DE TOCQUEVILLE

(Translated by Henry Reeve)

WITH SPECIAL INTRODUCTIONS BY
HON. JOHN T. MORGAN

SENATOR FROM ALABAMA
AND

HON. JOHN J. INGALLS, LL.a

EX-SENATOR FROM KANSAS

REVISED EDITION

r>miixifim.\uism.

I DC.€^ IE U/ J~l.£ n

CopvRinHT, 1899,
Bv THE COLONIAL PRKSS.

SPECIAL INTRODUCTION

IN the eleven years that separated the Declaration of the
Independence of the United States from the completion
of that act in the ordination of our written Constitution,
the great minds of America were bent upon the study of the
principles of government that were essential to the preserva-
tion of the liberties which had been won at great cost and with
heroic labors and sacrifices. Their studies were conducted in
view of the imperfections that experience had developed in the
government of the Confederation, and they were, therefore,
practical and thorough.

When the Constitution was thus perfected and established,
a new form of government was created, but it was neither spec-
ulative nor experimental as to the principles on which it was
based. If they were true principles, as they were, the govern-
ment founded upon them was destined to a life and an influence
that would continue while the liberties it was intended to pre-
serve should be valued by the human family. Those liberties
had been wrung from reluctant monarchs in many contests, in
many countries, and were grouped into creeds and established in
ordinances sealed with blood, in many great struggles of the
people. They were not new to the people. They were conse-
crated theories, but no government had been previously estab-
lished for the great purpose of their preservation and enforce-
ment. That which was experimental in our plan of govern-
ment was the question whether democratic rule could be so
organizcil and conducted that it would not degenerate into li-
cense and result in the tyranny of absolutism, without saving
to the people the power so often found necessary of repressing
or destroying their enemy, when he was found in the person of
a single despot.

When, in 1831, Alexis de Tocqueville came to study Democ-
racy in America, the trial of nearly a half-century of the work-

iii

■li«lW»n

DE TOCQUEVILLE

ing of our system had been made, and it had been proved, by
many crucial tests, to be a government of " liberty regulated by
law," with such results in the development of strength, in popu-
lation, wealth, and military and commercial power, as no age
had ever witnessed.

De Tocqueville had a special inquiry to prosecute, in his
visit to America, in which his generous and faithful soul and
the powers of his great intellect were engaged in the patriotic
effort to secure to the people of France the blessings that De-
mocracy in America had ordained and established throughout
nearly the entire Western Hemisphere. He had read the story
of the French Revolution, much of which had been recently
written in the blood of men and women of great distinction
who were his progenitors; and had witnessed the agitations
and terrors of the Restoration and of the Second Republic,
fruitful in crime and sacrifice, and barren of any good to
mankind.

He had just witnessed the sprcLd of republican government
through all the vast continental possessions of Spain in Amer-
ica, and the loss of her great colonies. He had seen that these
revolutions were accomplished almost without the shedding of
blood, and he was filled with anxiety to learn the causes that
had placed republican government, in France, in such contrast
with Democracy in America.

De Tocqueville was scarcely thirty years old when he began
his studies of Democracy in America. It was a bold effort for
one who had no special training in government, or in the study
of political economy, but he had the example of Lafayette in
establishing the military foundation of these liberties, and of
Washington, Jefferson, Madison, and Hamilton, all of whom
were young men, in building upon the Independence of the
United States that wisest and best plan of general govern-
ment that was ever devised for a free people.

He found that the American people, through their chosen
representatives who were instructed by their wisdom and ex-
perience and were supported by their virtues — cultivated, puri-
fied and ennobled by self-reliance and the love of God — had
matured, in the excellent wisdom of their counsels, a new plan
of government, which embraced every security for their liber-
ties and equal rights and privileges to all in the pursuit of
happiness. He came as an honest and impartial student and

SPECIAL INTRODUCTION

his great commentary, like those of Paul, was written for the
benefit of all nations and people and in vindication of truths
that will stand for their deliverance from monarchical rule,
while time shall last.

A French aristocrat of the purest strain of blood and of the
most honorable lineage, whose family influence was coveted
by crowned heads ; who had no quarrel with the rulers of the
nation, and was secure against want by his inherited estates;
was moved by the agitations that compelled France to attempt
to grasp suddenly the liberties and happiness we had gained in
our revolution and, by his devout love of France, to search out
and subject to the test of reason the basic principles of free
government that had been embodied in our Constitution. This
was the mission of De Tocqueville, and no mission was ever
more honorably or justly conducted, or concluded with greater
eclat, or better results for the welfare of mankind.

His researches were logical and exhaustive. They included
every phase of every question that then seemed to be apposite
to the great inquiry he was making.

The judgment of all who have studied his commentaries
seems to have been unanimous, that his talents and learning
were fully equal to his task. He began with the physical geog-
raphy of this country, and examined the characteristics of the
people, of all races and conditions, their social and religious sen-
timents, their education and tastes ; their industries, their com-
merce, their local governments, their passions and prejudices,
and their ethics and literature ; leaving nothing unnoticed that
might afford an argument to prove that our plan and form of
government was or was not adapted especially to a peculiar
people, or that it would be impracticable in any different coun-
try, or among any different people.

The pride and comfort that the American people enjoy in the
great commentaries of De Tocqueville are far removed from the
selfish adulation that comes from a great and singular success.
It is the consciousness of victory over a false theory of govern-
ment which has aflfilicted mankind for many ages, that gives
joy to the true American, as it did to De Tocqueville in his
great triumph.

When De Tocqueville wrote, we had lived less than fifty
years under our Constitution. In that time no great national
commotion had occurred that tested its strength, or its power

DE TOCQUEVILLE

of resistance to internal strife, such as had converted his be-
loved P'rance into fields of slaughter torn by tempests of wrath.

He had a strong conviction that no government could be
ordained that could resist these internal forces, when, they are
directed to its destruction by bad men, or unreasoning mobs,
and many then believed, as some yet believe, that our govern-
ment is unequal to such pressure, when the assault is thor-
oughly desperate.

Had De Tocqueville lived to examine the history of the
United States from i860 to 1870, his misgivings as to this
power of self-preservation would, probably, have been cleared
off. He would have seen that, at the end of the most de-
structive civil war that ever occurred, when animosities of the
bitterest sort had banished all good feeling from the hearts of
our people, the States of the American Union, still in complete
organization and equipped with all their official entourage,
aligned themselves in their places and took up the powers and
duties of local government in perfect order and without em-
barrassment. This would have dispelled his apprehensions,
if he had any, about the power of the United States to with-
stand the severest shocks of civil war. Could he have, traced
the further course of events until they open the portals of the
twentieth century, he would have cast away his fears of our
ability to restore peace, order, and prosperity, in the face of any
difficulties, and would have rejoiced to find in the Constitution
of the United States the remedy that is provided for the healing
of the nation.

De Tocqueville examined, with the care that is worthy the
importance of the subject, the nature and value of the system
of " local self-government," as we style this most important
feature of our plan, and (as has often happened) when this
or any subject has become a matter of anxious concern, his
treatment of the questions is found to have been masterly and
his preconceptions almost prophetic.

We are frequently indebted to him for able expositions and
true doctrines relating to subjects that have slumbered in the
minds of the people until they were suddenly forced on our at-
tention by unexpected events.

In his introductory chapter, M. De Toci 'eville says:
" Amongst the novel objects that attracted my atu ntion during
my stay in the United States, nothing struck me more forcibly

SPECIAL INTRODUCTION

vii

than the general equaUty of conditions." He referred, doubt-
less, to social and political conditions among the people of the
white race, who are described as " We, the people," in the open-
ing sentence of the Constitution. The last three amendments
of the Constitution have so changed this, that those who were
then negro slaves are clothed with the rights of citizenship,
including the right of suffrage. This was a political party
movement, intended to be radical and revolutionary, but it
will, ultimately, react because it has not the sanction of public
opinion.

If M. De Tocqueville could now search for a law that would
negative this provision in its effect upon social equality, he
would fail to find it. But he would find it in the unwritten law
of the natural aversion of the races. He would find it in public
opinion, which is the vital force in every law in a free govern-
ment. This is a subject that our Constitution failed to regulate,
because it was not contemplated by its authors. It is a question
that will settle itself, without serious difficulty. The equality
in the suffrage, thus guaranteed to the negro race, alone —
for it was not intended to include other colored races — creates
a new phase of political conditions that M. De Tocqueville could
not foresee. Yet, in his commendation of the local town and
county governments, he applauds and sustains that elementary
feature of our political organization which, in the end, will
render harmless this wide departure from the original plan
and purpose of American Democracy. " Local Self-Govem-
ment," independent of general control, except for general pur-
poses, is the root and origin of all free republican government,
and is the antagonist of all great political combinations that
threaten the rights of minorities. It is the public opinion
formed in the independent expressions of tOAvns and other
small civil districts that is the real conservatism of free gov-
ernment. It is equally the enemy of that dangerous evil, the
corruption of the ballot-box, from which it is now apprehended
that one of our greatest troubles is to arise.

The voter is selected, under our laws, because he has cer-
tain physical qualifications — ^age and sex. His disqualifications,
when any are imposed, relate to his education or property,
and to the fact that he has not been convicted of crime. Of
all men he should be most directly amenable to public opinion.

The test of moral character and devotion to the duties of

• ••

VIU

DE TOCQUEVILLE

good citizenship are ignored in the laws, because the courts can
seldom deal with such questions in a uniform and satisfactory
way, under rules that apply alike to all. Thus the voter, se-
lected by law to represent himself and four other non-voting
citizens, is often a person who is unfit for any public duty or
trust. In a town government, having a small area of jurisdic-
tion, where the voice of the majority of qualified voters is
conclusive, the fitness of the person who is to exercise that
high representative privilege can be determined by his neigh-
bors and acquaintances, and, in the great majority of cases,
it will be decided honestly and for the good of the country. In
such meetings, there is always a spirit of loyalty to the State,
because that is loyalty to the people, and a reverence for
God that gives weight to the duties and responsibilities of
citizenship.

M. De Tocqueville found in these minor local jurisdictions
the theoretical conservatism which, in the aggregate, is the
safest reliance of the State. So we have found them, in
practice, the true protectors of the purity of the ballot, without
which all free government will degenerate into absolutism.

In the future of the Republic, we must encounter many diffi-
cult and dangerous situations, but the principles established
in the Constitution and the check upon hasty or inconsiderate
legislation, and upon executive action, and the supreme arbitra-
ment of the courts, will be found sufficient for the safety of
personal rights, and for the safety of the government, and the
prophetic outlook of M. De Tocqueville will be fully realized
through the influence of Democracy in America. Each suc-
ceeding generation of Americans will find in the pure and im-
partial reflections of De Tocqueville a new source of pride in
our institutions of government, and sound reasons for patriotic
effort to preserve them and to inculcate their teachings. They
have mastered the power of monarchical rule in the American
Hemisphere, freeing religion from all shackles, and will spread,
by a quiet but resistless influence, through the islands of the
seas to other lands, where the appeals of De Tocqueville for
human rights and liberties have already inspired the souls of
the people.

j^.

SPECIAL INTRODUCTION

NEARLY two-thirds of a century has elapsed since the
appearance of " Democracy in America," by Alexis
Charles Henri Clerel de Tocqueville, a French noble-
man, born at Paris, July 29, 1805.

Bred to the law, he exhibited an early predilection for
philosophy and political economy, and at twenty-two was
appointed judge-auditor at the tribunal of Versailles.

In 183 1, commissioned ostensibly to investigate the peni-
tentiary system of the United States, he visited this country,
with his friend, Gustave de Beaumont, travelling extensively
through those parts of the Republic then subdued to settle-
ment, studying the methods of local. State, and national ad-
ministration, and observing the manners and habits, the daily
life, the business, the industries and occupations of the people.

" Democracy in America," the first of four volumes upon
"American Institutions and their Influence," was published
in 1835. It was received at once by the scholars and thinkers
of Europe as a profound, impartial, and entertaining exposi-
tion of the principles of popular, representative self-govern-
ment.

Napoleon, " the mighty somnambulist of a vanished dream,"
had abolished feudalism and absolutism, made monarchs and
dynasties obsolete, and substituted for the divine right of
kings the sovereignty of the people.

Although by birth and sympathies an aristocrat, M. de
Tocqueville saw that the reign of tradition and privilege at
last was ended. He perceived that civilization, after many
bloody centuries, had entered a new epoch. He beheld, and
deplored, the excesses that had attended the genesis of the
democratic spirit in France, and while he loved liberty, he
detested the crimes that had been committed in its name. Be-
longing neither to the class which regarded the social revolu-

DE TOCQUEVILLE

li 7

' !l

tion as an innovation to be resisted, nor to that which con-
sidered political equality the universal panacea for the evils
of humanity, he resolved by personal observation of the re-
sults of democracy in the New World to ascertain its natural
consequences, and to learn what the nations of Europe had to
hope or fear from its final supremacy.

That a youth of twenty-six should entertain a design so
broad and bold implies singular intellectual intrepidity. He
had neither model nor precedent. The vastness and novelty
of the undertaking increase admiration for the remarkable
ability with which the task was performed.

Were literary excellence the sole claim of " Democracy in
America " to distinction, the splendor of its composition alone
would entitle it to high place among the masterpieces of the
century. The first chapter, upon the exterior form of North
America, as the theatre upon which the great drama is to be
enacted, for graphic and picturesque description of the physical
characteristics of the continent is not surpassed in literature:
nor is there any subdivision of the work in which the severest
philosophy is not invested with the grace of poetry, and the
driest statistics with the charm of romance. Western emigra-
tion seemed commonplace and prosaic till M. de Tocqueville
said, " This gradual and continuous progress of the European
race toward the Rocky Mountains has the solemnity of a
providential event; it is like a deluge of men rising un-
abatedly, and daily driven onward by the hand of God ! "

The mind of M. de Tocqueville had the candor of the photo-
graphic camera. It recorded impressions with the impartiality
of nature. The image was sometimes distorted, and the
perspective was not always true, but he was neither a pane-
gyrist, nor an advocate, nor a critic. He observed American
phenomena as illustrations, not as proof nor arguments; and
although it is apparent that the tendency of his mind was not
wholly favorable to the democratic principle, yet those who
dissent from his conclusions must commend the ability and
courage with which they are expressed.

Though not originally written for Americans, " Democracy
in America " must always remain a work of engrossing and
constantly increasing interest to citizens of the United States
as the first philosophic and comprehensive view of our so-
ciety, institutions, and destiny. No one can rise even from

SPECIAL INTRODUCTION

the most cursory perusal without clearer insight and more
patriotic appreciation of the blessings of liberty protected by
law, nor without encouragement for the stability and per-
petuity of the Republic. The causes which appeared to M.
de Tocqueville to menace both, have gone. The despotism of
public opinion, the tyranny of majorities, the absence of in-
tellectual freedom which seemed to him to degrade adminis-
tration and bring statesmanship, learning, and literature to
the level of the lowest, are no longer considered. The violence
of party spirit has been mitigated, and the judgment of the
wise is not subordinated to the prejudices of the ignorant.

Other dangers have come. Equality of conditions no longer
exists. Prophets of evil predict the downfall of democracy,
but the student of M. de Tocqueville will find consolation
and encouragement in the reflection that the same spirit which
has vanquished the perils of the past, which he foresaw, will
be equally prepared for the responsibilities of the present and
the future.

The last of the four volumes of M. de Tocqueville's work
upon American institutions appeared in 1840.

In 1838 he was chosen member of the Academy of Moral
and Political Sciences. In 1839 he was elected to the Chamber
of Deputies. He became a member of the French Academy
in 1841.

In 1848 he was in the Assembly, and from June 2nd to Oc-
tober 31st he was Minister of Foreign Affairs. The coup d'etat
of December 2, 185 1 drove him from the public service. In
1856 he published "The Old Regime and the Revolution."
He died at Cannes, April 15, 1859, at the age of fifty-four.

5^€^«^*^

J^^^iM-

CONTENTS

THE FIRST PART

PACK

Introductory chapter 3

CHAPTER I
Exterior form of North America 17

CHAPTER n

Origin of the Anglo-Americans, and its importance in relation to

their future condition 26

Reasons of certain anomalies which the laws and customs of
the Anglo-Americans present 43

CHAPTER HI

Social condition of the Anglo-Americans 46

The striking characteristic of the social condition of the Anglo-

Americann is its essential democracy 46

Political consequences of the social condition of the Anglo-
Americans S3

CHAPTER IV
The principle of the sovereignty of the people in America 55

CHAPTER V

Necessity of examining the condition of the States before that of

the Union at large 58

The American system of townships and municipal bodies 59

Limits of the township 61

Authorities of the township in New England 61

Existence of the township 63

Public spirit of the townships of New England 65

The counties of New England 68

Administration in New England 69

General remarks on the administration of the United States ... 77

Of the State 81

xiii

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iiiitjoiity of tlio two IloiiKOH in «)nlor to carry on tlio (iovorn

IllOIlt Uf,

Ivtoctioii t»f tlio I'rositlonI tj()

Moilo of olootioii i,<o

iVisis of (lio olootion i.y

Ro oUvtion of tlio Prosiilont i.»s

I'Vdoral courts 1,^7

Moans of tlotonnininn tlio {iiris«tiction of the I'otloral ct>iirts. ., . 141

DitToront cases of inris«tiction 14J

l*rocoilnro of tho I'V«loral courts 14(1

llinh rank of tho Supremo Court anuHiRst tho mroat powers

of State 141)

In what respects the Fe«leral Constitution is superior to that

of the States 151

Characteristics which (listiuRuish t!io I'Vderal Constitution of

the I'nited States of America from all other I'Vtleral Ci>n-

stitutions 155

Ailvantages of the Federal system in K^^iteral, ami its special

utility in America 158

Why tlie Foilcral system is not ada|>le»l to all peoples, ami how

the Anglo- Americans were onablcil to adopt it 164

CONTENTS

CHAI'TKk IX

fAOII

Wliy llir pniplc limy Htriclly Iw Niiid lo Knvcrri in tht Uiiilcil SuttH. 173

CHAI'TKK X

I'arlii'H ill llir I liijicd SIiiIi-h 174

Ui-iiiiiiii>4 of ihf ariKlocrulic piiriy in the United SttttcH 17<>

CIIAI'TICk XI
l.ilicriy of llitr preNn in the United StalcH iKi

CIIAI'TKU XII ..
l*otilirid nsHocinlionH in the United StutcH lyi

CIIAl'IKK XIII

(ioveriiiiient of the deiiioeruey in Atiieriea m)i>

I IniverHal siilTiiiKe aoo

Choice of (he peopK", and iiisliiu-tive prefereiieeH r)f (he Aincri-

cnii denioeraey ;joi

Causes which may partly correct these tendencies of the «le-

iiiocracy 204

Inlliience which the American <leinocracy has exercised on the

laws relatiiiK to electioiiH 207

IMililic ollicers im<ler the control of the <lemocracy in America. . joij
Arliitrary power of the inagistratCH under the rule of the

American democracy 2H

Instability of the administration in the United States 213

CliarKcs levied by the State under the rule of the American

democracy 215

Tendencies of the American «lemocracy as regards the salaries

of public officers 219

Difliculty of distinguishinR the causes which contribute to the

economy of the American Government 221

Whether the expenditure of the United States can be compared

to (hat of Franco 222

Corruption and vices of the rulers in a democracy, and con-

se(pient effects upf)n public morality 227

Efforts of which a democracy is capable 229

Self-control of the American democracy 232

Conduct of foreign affairs by the American democracy 235

CHAPTER XIV

What the real advantages arc which American society derives from

the government of the democracy 240

(jcneral tendency of the laws under the rule of the American
democracy, and habits of those who apply them 240

miKvesiHsaa

xvi DE TOCQUEVILLE

rAOB

Public spirit in the United States 34s

Notion of rights in the United States 348

Respect fur the law in the United States aji

Activity which pervades all the brandies of the body politic in
the United States; inlUicncc which it exercises upon society. . 253

CHAPTER XV

Unlimited power of the majority m the United States, and its con-
sequences 258

How the unlimited power of the majority increases in America
the instability of legislation and administration inherent in

democracy 261

Tyranny of the majority 263

Effects of the unlimited power of the majority upon the ar-
bitrary authority of the American public officers 266

Power exercised by the majority in America upon opinion 267

Effects of the tyranny of the majority upon the national char-
acter of the Americans 270

The greatest dangers of the American republics proceed from
the unlimited power of the majority 273

CHAPTER XVI

Causes which mitigate the tyranny of the majority in the United

States 275

Absence of central administration 275

The profession of the law in the United States serves to coun-
terpoise the democracy 277

Trial by jury in the United States considered as a political insti-
tution 285

CHAPTER XVn

Principal causes which tend to maintain the democratic republic in
the United States 292

Accidental or providential causes which contribute to the main-
tenance of the democratic republic in the United States 292

Influence of the laws upon the maintenance of the democratic
republic in the United States 303

Influence of manners upon the maintenance of the democratic
republic in the United States 304

Religion considered as a political institution which powerfully
contributes to the maintenance of the democratic republic
amongst the Americans 304

Indirect influence of religious opinions upon political society in
the United States 308

Principal causes which render religion powerful in America 313

How the instruction, the habits, and the practical experience of
the Americans promote the success of their democratic insti-
tutions 320

CONTENTS

XVIl

The laws contribute more to the maintenance of the democratic
republic in the United States than the physical circumstance!!
of the country, ikI the manners more than the laws 324

Whether laws an«l manners arc sufficient to maintain demo-
cratic institutions in other countries besides America JJ19

Importance of what precedes with respect to the state of Europe 33J

CHAi' rr.R xvui

The present and probable future conditiufi ni the three races which
inhabit the territory of the United States 337

The present and probable future condition of the Indian tribes
which inhabit the territory possessed by the Union 343

Situation of the black population in the United States, and dan-
gers with which its presence threatens the whites 361

What arc the chances in favor of the duration of the American
Union, and what dangers threaten it 387

Of the republican institutions of the United States, and what
their chances of duration are 422

Reflection on the causes of the commercial prosperity of the
United States 438

Conclusion of the First Part 436

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CHOICE EXAMPLES OF EARLY PRINTING AND
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Fac-siniiles from Rare iind Curious Books.

EARLY VENETIAN PRINTING.

From the Liliro del Peref^rino. frinteci !■>■ Mnnfrcdus Bonus dc Montis Frrrato
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Photogravure from a steel engraving

Early Venetian Printing

Fac-simile from a Book printed in 15 12

Teiresias and Odysseus ....
Photo-engraving from the original marble relief

Portions of Pages from the First English Prayer-
book . . . . . . . , , .172

Fac-simile example of Printing in the Sixteenth Century

Diana

Photo-engraving from the original marble statue

274

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I

DEMOCRACY IN AMERICA

FIRST PART

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INTRODUCTORY CHAPTER

AMONGST the novel objects that attracted my attention
during my stay in the United States, nothing struck
me more forcibly than the general equality of condi-
tions. 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 speedily perceived that the
influence of this fact extends far beyond the political character
and the laws of the country, and that it has no less empire over
civil society than over the Government; it creates opinions,
engenders sentiments, suggests the ordinary practices of life,
and modifies whatever it does not produce. The more I ad-
vanced in the study of American society, the more I perceived
that the equality of conditions is the fundamental fact from
which all others seem to be derived, and the central point at
which all my observations constantly terminated.

I then turned my thoughts to our own hemisphere, where I
imagined that I discerned something analogous to the spectacle
which the New World presented to me. I observed that the
equality of conditions is daily progressing towards those ex-
treme limits which it seems to have reached in the United States,
and that the democracy which governs the American communi-
ties appears to be rapidly 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 great 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 as such may still be checked ; to others it seems
irresistible, because it is the most uniform, the most ancient,
and the most permanent tendency which is to be found in his-
tory. Let us recollect the situation of France seven hundred
years ago, when the territory was divided amongst a small

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4 DE TOCQUEVILLE

number of families, who were the owners of the soil and the
rulers of the inhabitants; the right of governing descended
with the family inheritance from generation to generation;
force was the only means by which man could act on man, and
landed property was the sole source of power. 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 villein and the lord ; equality penetrated
into the Government through the Church, and the being who
as a serf must have vegetated in perpetual bondage took his
place as a priest in the midst of nobles, and not infrequently
above the heads of kings.

The different relations of men became more complicated and
more numerous as society gradually became more stable and
more civilized. Thence the want of civil laws was felt; and
the order of legal functionaries soon rose from the obscurity
of the tribunals and their dusty chambers, to appear at the court
of the monarch, by the side of the feudal barons in their ermine
and their mail. Whilst the kings were ruining themselves by
their great enterprises, and the nobles exhausting their re-
sources by private wars, the lower orders were enriching them-
selves by commerce. The influence of money began to be per-
ceptible in State affairs. The transactions of business opened
a new road to power, and the financier rose to a station of politi-
cal 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 a means of government, intelligence
led to social power, and the man of letters took a part in the
affairs of the State. The value attached to the privileges of
birth decreased in the exact proportion in which new paths were
struck out to advancement. In the eleventh century nobility
was beyond all price ; in the thirteenth it might be purchased ;
it was conferred for the first time in 1270; and equality was
thus introduced into the Government by the aristocracy itself.

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

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DEMOCRACY IN AMERICA

kings have always been the most active and the most constant
of levellers. When they were strong and ambitious they spared
no pains to raise the people to the level of the nobles; when
they were temperate or weak they allowed the pec to rise
above themselves. Some assisted the democracy by ^neir tal-
ents, 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 property began in its turn to confer influence and
power, every improvement which was introduced in commerce
or manufacture was a fresh element of the equality of condi-
tions. Henceforward every new discovery, every new want
which it engendered, and every new desire which craved satis-
faction, was a step towards the universal level. The taste for
luxury, the love of war, the sway of fashion, and the most
superficial as well as the deepest passions 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
source of strength and of wealth, it is impossible not to con-
sider every addition to science, every fresh truth, and everv
new idea as a germ of power placed within the reach of the
people. Poetry, eloquence, and memory, the grace of wit, the
glow of imagination, the depth of thought, and all the gifts
which are bestowed by Providence with an equal hand, turned
to the advantage of the democracy ; and even when they were
in the possession of its adversaries they still served its cause
by throwing into relief the natural greatness of man ; its con-
quests spread, therefore, with those of civilization and knowl-
edge, and literature became an arsenal where the poorest and
the 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 Cru-
sades and the wars of the English decimated the nobles and
divided their possessions; the erection of communities intro-
duced an element of democratic liberty into the bosom of feudal
monarchy ; the invention of fire-arms equalized the villein and
the noble on the field of battle; printing opened the same re-
sources 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

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6 DE TOCQUEVILLE

cottage and to the gate of the palace ; and Protestantism pro-
claimed that all men are alike able to find the road to heaven.
The discovery of America offered a thousand new paths to
fortune, and placed riches and power within the reach of the
adventurous and the obscure. If we examine what has hap-
pened in France at intervals of fifty years, beginning with the
eleventh century, we shall invariably perceive that a twofold
revolution has taken place in the state of society. The noble
has gone down on the social ladder, and the roturier 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 phenomenon at all peculiar to France. Whither-
soever we turn our eyes we shall witness the same continual
revolution throughout the whole of Christendom. The various
occurrences of national existence have everywhere turned to
the advantage of democracy ; all men have aided it by their ex-
ertions : those who have intentionally labored in its •.^use, and
those who have served it unwittingly ; those who ha"e fought
for it and those who have declared themselves its opponents,
have all been driven along in the same track, have all labored to
one end, some ignorantly and some unwillingly ; all have been
blind instruments in the hands of God.

The gradual development of the equality of conditions is
therefore a providential fact, and it possesses all the characteris-
tics of a divine decree : it is universal, v' '"s durable, it constantly
eludes all human interference, and all events as well as all men
contribute to its progress. Would it, then, be wise to imagine
that a social impulse which dates from so far back can be checked
by the efforts of a generation ? Is it credible that the democracy
which has annihilated the feudal system and vanquished kings
will respect the citizen and the capitalist? Will it stop now that
it has grown so strong and its adversaries so weak ? None can
say which way we are going, for all terms of comparison are
wanting: the equality of conditions is more complete in the
Christian countries of the present day than it has been at any
time or in any part of the world ; so that the extent of what al-
ready exists prevents us from foreseeing what may be yet to
come.

The whole book which is here offered to the public has been
written under the impression of a kind of religious dread pro-

DEMOCRACY IN AMERICA 1

duced in the author's mind by the contemplati(/ of so in -
sistible a revolution, which has advanced for centuries in spite ui
such amazing obstacles, and which is still proceeding in the
midst of the ruins it has made. It is not necessary that God
himself should speak in order to disclose to us the unquestion-
able signs of His will; we can discern them in the habitual
course of nature, and in the invariable tendency of events : I
know, without a special revelation, that the planets move in the
orbits traced by the Creator's 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 democracy would
be in that case to resist the will of God ; and the nations would
then be constrained to make the best of the social lot awarded to
them by Providence.

The Christian nations of our age seem to me to present a most
alarming spectacle; the impulse which is bearing them along
is so strong that it cannot be stopped, but it is not yet so rapid
that it cannot be guided : their fate is in their hands ; yet a little
while and it may be so no longer. The first duty which is at this
time imposed upon those who direct our affairs is to educate the
democracy ; to warm its faith, if that be possible ; to purify its
morals; to direct its energies; to substitute a knowledge of
business for its inexperience, and an acquaintance with its true
interests for its blind propensities ; to adapt its government to
time and place, and to modify it in compliance with the occur-
rences and the actors of the age. A new science of politics is in-
dispensable to a new world. This, however, is what we think
of least ; launched in the middle of a rapid stream, we obsti-
nately fix our eyes on the ruins which may still be described upon
the shore we have left, whilst the current sweeps us along, and
drives us backwards towards the gulf.

In no country in Europe has the great social revolution which
I have been describing made such rapid progress as in France ;
but it has always been borne on by chance. The heads of the
State have never had any forethought for its exigencies, and
its victories have been obtained without their consent or with-
out their knowledge. The most powerful, the most intelligent,
and the most moral classes of the nation have never attempted to

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DE TOCQUEVILLE

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connect themselves with it in order to guide it. The people
has consequently been abandoned to its wild propensities, and
it has grown up like those outcasts who receive their education
in the public streets, and who arc unacquainted with aught but
the vices and wretchedness of society. The existence of a de-
mocracy was seemingly unknown, when on a sudden it took
possession of the supreme power. Everything was then sub-
mitted to its caprices ; it was worshipped as the idol of strength ;
until, when it was enfeebled by its own excesses, the legislator
conceived the rash project of annihilating its power, instead of
instructing it and correcting its vices;, no attempt was made to
fit it to govern, but all were bent on excluding it from the gov-
ernment.

The consequence of this has been that the democratic revolu-
tion has been effected only in the material parts of society, with-
out that concomitant change in laws, ideas, customs, and man-
ners which Was necessary to render such a revolution beneficial.
We have gotten a democracy, but without the conditions which
lessen its vices and render its natural advantages more promi-
nent ; and although we already perceive 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 barrier to the
tyranny of the prince; and the monarch, who felt the almost
divine character which he enjoyed in the eyes of the multitude,
derived a motive for the just use of his power from the respect
which he inspired. 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 with-
out acknowledging the poor as their equals, they watched over
the destiny of those whose welfare 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 ranking 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 with-
out resistance or servility to their exactions, as to the inevit-
able visitations of the arm of God. Custom, and the manners

:^ji

DEMOCRACY IN AMERICA

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 anyone would attempt to deprive him
of the privileges which he believed to be legitimate, and as the
serf looked upon his own inferiority as a consequence of the
immutable order of nature, it is easy to imagine that a mutual
exchange of good-will took place between two classes so diflfer-
ently j;iftcd by fate. Inequality and wretchedness were then to
be found in society ; but the souls of neither rank of men were
degraded. Men are not corrupted by the exercise of power or
debased by the habit of obedience, but by the exercise of a power
which they believe to be illegal and by obedience to a rule which
they consider to be usurped and oppressive. On one side was
wealth, strength, and leisure, accompanied by the refinements
of luxury, the elegance of taste, the pleasures of wit, and the re-
ligion of art. On the other was labor and a rude ignorance ; but
in the midst of this coarse and ignorant multitude it was not un-
common to meet with energetic passions, generous sentiments,
profound religious convictions, and independent virtues. The
body of a State thus organized might boast of its stability, its
power, and, above all, of its glory.

But the scene is now changed, and gradually the two ranks
mingle ; the divisions which once severed mankind are lowered,
property is divided, power is held in common, the light of intelli-
gence spreads, and the capacities of all classes are equally culti-
vated ; the State becomes democratic, and the empire of de-
mocracy 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 are the common authors ; in which the au-
thority of the State would be respected as necessary, though
not as divine ; and the loyalty of the subject to its chief magis-
trate would not be a passion, but a quiet and rational persua-
sion. Every individual being, in the possession of rights which
he is sure to retain, a kind of manly reliance and reciprocal
courtesy would arise between all classes, alike removed from
pride and meanness. The people, well acquainted with its true
intcvests, would allow that in order to profit by the advantages
of society it is necessary to satisfy its demands. In this state
of things the voluntary association of the citizens might supply

DE TOCQUEVILLE

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 regulated and directed forwards; if there be less splendor
than in the li ills of an aristocracy, the contrast of misery will
be less frequent also; the pleasures of enjoyment may be less
excessive, but those of comfort will be more general ; the sci-
ences may be less perfectly cultivated, but ignorance will be less
common ; the impetuosity of the feelings will be repressed, and
the habits of the nation softened ; there will be more vices and
fewer crimes. In the absence of enthusiasm and of an ardent
faith, great sacrifices may be obtained from the members of a
commonwealth by an appeal to their understandings and their
experience ; each individual will feel the same necessity for unit-
ing with his fellow-citizens to protect his own weakness ; and as
he knows that if they are to assist he must co-operate, he will
readily perceive that his personal interest is identified with the
interest of the community. The nation, taken as a whole, will be
less brilliant, less glorious, and perhaps less strong; but the
majority of the citizens will enjoy a greater degree of pros-
perity, 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
were not good or useful, society would at least have appropri-
ated all such as were useful and good ; and having once and for
ever renounced the social advantages of aristocracy, mankind
would enter into possession of all the benefits which democracy
can afiford.

But here it may be asked what we have adopted in the place
of those institutions, those ideas, and those customs of our fore-
fathers which we have abandoned. The spell of royalty is
broken, but it has not been succeeded by the majesty of the laws ;
the people has learned to despise all authority, but fear now ex-
torts 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 fam-
ilies, corporations, and individuals have been deprived ; the
weakness of the whole community has therefore succeeded that

DEMOCRACY IN AMERICA

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 separated the rich from the poor ;
but it would seem that the nearer they draw to each other, the
greater is their mutual hatred, and the more vehement the envy
and the dread with which they resist each other's claims to
power ; the notion of Right is alike insensible to both classes,
and Force affords to both the only argument for the present, and
the only guarantee for the future. The poor man retains the
prejudices of his forefathers without their faith, and their ig-
norance without their virtues ; he has adopted the doctrine of
self-interest as the rule of his actions, without understanding
the science which controls it, and his egotism is no less blind
than his devotedness was formerly. If society is tranquil, it is
not because it relies upon its strength and its well-being, but
because it knows its weakness and its infirmities ; a single eflfort
may cost it its life; everybody feels the evil, but no one has
courage or energy enough to seek the cure; the desires, the
regret, the sorrows, and the joys of the time produce nothing
that is visible or permanent, like the passions of old men which
terminate in impotence.

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

The phenomena which the intellectual world presents 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 gradually introduced or
peaceably established, but it has constantly advanced in the
midst of disorder and the agitation of a conflict. In the heat of
the struggle each partisan is hurried beyond the limits of his
opinions by the opinions and the excesses of his opponents, un-
til he loses sight of the end of his exertions, and holds a language
which disguises his real sentiments or secret instincts. Hence
arises the strange confusion which we are witnessing. I can-
not recall to my mind a passage in history more worthy of sor-
row and of pity than the scenes which are happening under our
eyes ; it is as if the natural bond which unites the opinions of

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DE TOCQUEVILLE

man to his tastes and his actions to his principles was now
broken ; the sympathy which has always been acknowledged be-
tween the feelings and the ideas of mankind appears to be dis-
solved, and all the laws of moral analogy to be abolished.

Zealous Christians may be found amongst us whose minds
are nurtured in the love and knowledge of a future life, and
who readily espouse the cause of human liberty as the source of
all moral greatness. Christianity, which has declared that all
men are equal in the sight of God, will not refuse to acknowl-
edge that all citizens are equal in the eye of the law. But, by a
singular concourse of events, religion is entangled in those insti-
tutions which democracy assails, and it is not unfrequently
brought to reject the equality it loves, and to curse that cause
of liberty as a foe which it might hallow by its alliance.

By the side of these religious men I discern others whose
looks are turned to the earth more than to Heaven ; they are
the partisans of liberty, not only as the source of the noblest
virtues, but more especially as the root of all solid advantages ;
and they sincerely desire to extend its sway, and to impart its
blessings to mankind. It is natural that they should hasten to
invoke the assistance of religion, for they must know that liberty
cannot be established without morality, nor morality without
faith ; but they have seen religion in the ranks of their adver-
saries, 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 independent and the warm-hearted
were struggling without hope to save the liberties of mankind.
But men of high and generous characters are now to be met
with, whose opinions are at variance with their inclinations, and
who praise that servility which they have themselves never
known. Others, on the contrary, speak in the name of liberty,
as if they were able to feel its sanctity and its majesty, and
loudly claim for humanity those rights which they have always
disowned. There are virtuous and peaceful individuals whose
pure morality, quiet habits, affluence, and talents fit them to be
the leaders of the surrounding population ; their love of their
country is sincere, and they are prepared to make the greatest
sacrifices to its welfare, but they confound the abuses of civiliza-
tion with its benefits, and the idea of evil is inseparable in their
minds from that of novelty.

DEMOCRACY IN AMERICA

Not far from this class is another party, whose object is to
materialize mankind, to hit upon what is expedient without
heeding what is just, to acquire knowledge without faith, and
prosperity apart from virtue ; assuming the title of the cham-
pions of modern civilization, and placing themselves in a station
which they usurp with insolence, and from which they are
driven by their own unworthiness. Where are we then? The
religionists are the enemies of liberty, and the friends of liberty
attack religion; the high-minded and the noble advocate sub-
jection, and the meanest and most servile minds preach inde-
pendence; honest and enlightened citizens are opposed to all
progress, whilst men without patriotism and without principles
are the apostles of civilization and of intelligence. Has such
been the fate of the centuries which have preceded our own?
and has man always inhabited a world like the present, where
nothing is linked together, where virtue is without genius, and
genius without honor; where the love of order is confounded
with a taste for oppression, and the holy rites of freedom with a
contempt of law ; where the light thrown by conscience on hu-
man actions is dim, and where nothing seems to be any longer
forbidden or allowed, honorable or shameful, false or true? I
cannot, however, believe that the Creator made man to leave him
in an endless struggle with the intellectual miseries which sur-
round us : God destines a calmer and a more certain future to
the communities of Europe ; I am unacquainted with His de-
signs, but I shall not cease to believe in them because I cannot
fathom them, and I had rather mistrust my own capacity than
His justice.

There is a country in the world where the great revolution
which I am speaking of seems nearly to have reached its natural
limits ; it has been effected with ease and simplicity, say rather
that this country has attained the consequences of the demo-
cratic revolution which we are undergoing without having
experienced the revolution itself. The emigrants who fixed
themselves on the shores of America in the beginning of the
seventeenth century severed the democratic principle from all
the principles which repressed it in the old communities of Eu-
rope, and transplanted it unalloyed to the New World. It has
there been allowed to spread in perfect freedom, and to put forth
its consequences in the laws by influencing the manners of the
country.

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It appears to me beyond a doubt that sooner or later we shall
arrive, like the Americans, at an almost complete equality of
conditions. But I do not conclude from this that we shall ever
be necessarily led to draw the same political consequences which
the Americans have derived from a similar social organization.
I am far from supposing that they have chosen the only form
of government which a democracy may adopt ; but the identity
of the efficient cause of laws and manners in the two countries is
sufficient to account for the immense interest we have in becom-
ing acquainted with its effects in each of them.

It is not, then, merely to satisfy a legitimate curiosity that
I have examined America ; my wish has been to find instruction
by which we may ourselves profit. Whoever should imagine
that I have intended to write a panegyric will perceive that such
was not my design ; nor has it been my object to advocate any
form of government in particular, for I am of opinion that ab-
solute excellence is rarely to be found in any legislation ; I have
not even affected to discuss whether the social revolution, which
I believe to be irresistible, is advantageous or prejudicial to man-
kind; I have acknowledged this revolution as a fact already
accomplished or on the eve of its accomplishment ; and I have
selected the nation, from amongst those which have undergone
it, in which its development has been the most peaceful and the
most complete, in order to discern its natural consequences, and,
if it be possible, to distinguish the means by which it may be
rendered profitable. I confess that in America I saw more than
America ; I sought the image of democracy itself, with its in-
clinations, its character, its prejudices, and its passions, in or-
der to learn what we have to fear or to hope from its progress.

In the first part of this work I have attempted to show the
te dency given to the laws by the democracy of America, which
is abandoned almost without restraint to its instinctive propen-
sities, and to exhibit the course it prescribes to the Government
and the influence it exercises on affairs. I have sought to dis-
cover the evils and the advantages which it produces. I have
examined the precautions used by the Americans to direct it,
as well as those which they have not adopted, and I have under-
taken to point out the causes which enable it to govern so-
ciety. I do not know whether I have succeeded in making
known what I saw in America, but I am certain that such has

DEMOCRACY IN AMERICA

been my sincere desire, and that I have never, knowingly,
moulded facts to ideas, instead of ideas to facts.

Whenever a point could be established by the aid of written
documents, I have had recourse to the original text, and to the
most authentic and approved works, I have cited my au-
thorities in the notes, and anyone may refer to them. Whenever
an opinion, a political custom, or a remark on the manners of
the country was concerned, I endeavored to consult the most
enlightened men I met with. If the point in question was im-
portant or doubtful, I was not satisfied with one testimony, but
I formed my opinion on the evidence of several witnesses. Here
the reader must necessarily believe me upon my word. I could
frequently have quoted names which are either known to him,
or which deserve to be so, in proof of what I advance | but I
have carefully abstained from this practice. A stranger fre-
quently hears important truths at the fire-side of his host, which
the latter would perhaps conceal from the ear of friendship ; he
consoles himself with his guest for the silence to which he is
restricted, and the shortness of the traveller's stay takes away
all fear of his indiscretion. I carefully noted every conversation
of this nature as soon as it occurred, but these notes will never
leave my writing-case; I had rather injure the success of my
statements than add my name to the list of those strangers who
repay the generous hospitality they have received by subsequent
chagrin and annoyance.

I am aware that, notwithstanding my care, nothing will be
easier than to criticise this book, if anyone ever chooses to criti-
cise it. Those readers who may examine it closely will discover
the fundamental idea which connects the several parts together.
But the diversity of the subjects I have had to treat is exceed-
ingly great, and it will not be difficult to oppose an isolated fact
to the body of facts which I quote, or an isolated idea to the body
of ideas I put forth. I hope to be read in the spirit which has
guided my labors, and that my book may be judged by the gen-
eral impression it leaves, as I have formed my own judgment
not on any single reason, but upon the mass of evidence. It must
not be forgotten that the author who wishes to be understood is
obliged to push all his ideas to their utmost theoretical conse-
quences, and often to the verge of what is false or impractic-
able ; for if it be necessary sometimes to quit the rules of logic
in active life, such is not the case in discourse, and a man finds

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that almost as many difficulties spring from inconsistency of
language as usually arise from inconsistency of conduct.

I conclude by pointing out myself what many readers will
consider the principal defect of the work. This book is written
to favor no particular views, and in composing it I have enter-
tained no designs of serving or attacking any party; I have
undertaken not to see differently, but to look further than par-
ties, and whilst they are busied for the morrow I have turned
my thoughts to the Future.

.^:^

CHAPTER I

EXTERIOR FORM OF NORTH AMERICA

North America divided into two vast regions, one inclining towards
the Pole, the other towards the Equator — Valley of the Mississippi
— Traces of the Revolutions of the Globe — Shore of the Atlantic
Ocean where the English Colonies were founded — Difference in the
appearance of North and of South America at ti.e time of their
Discovery — Forests of North America — Prairies — Wandering
Tribes of Natives — Their outward appearance, manners, and lan-
guage — Traces of an unknown people.

NORTH AMERICA 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 separation of land and water, mountains and val-
leys. A simple, but grand, arrangement is discoverable amidst
the confusion of objects and the prodigious variety of scenes.
This continent is divided, almost equally, into two vast regions,
one of which is bounded on the north by the Arctic Pole, and by
the two great oceans on the east and west. It stretches towards
the south, forming a triangle whose irregular sides meet at
length below the great lakes of Canada. The second region
begins where the other terminates, and includes all the re-
mainder of the continent. The one slopes gently towards the
Pole, the other towards the Equator.

The territory comprehended in the first region descends
towards the north with so imperceptible a slope that it may
almost be said to form a level plain. Within the bounds of this
immense tract of country there are neither high mountains nor
deep valleys. Streams meander through it irregularly : great
rivers mix their currents, separate and meet again, disperse and
form vast marshes, losing all trace of their channels in the laby-
rinth of waters they have themselves created ; and thus, at
length, after innumerable windings, fall into the Polar Seas.
The great lakes which bound this first region are not walled in,

Vol. I. — 2 17

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like most of those in the Old World, between hills and rocks.
Their banks are flat, and rise but a few feet above the level of
their waters ; each of them thus forming a vast bowl filled to
the brim. The slightest change in the structure of the globe
would cause their waters to rush either 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 moun-
tains 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 Pacific. The space which lies between
these two chains of mountains contains 1,341,649 square miles.o
Its surface is therefore about six times as great as that of
France. This vast territory, however, forms a single valley,
one side of which descends gradually from the rounded sum-
mits of the Alleghanies, while the other rises in an uninter-
rupted course towards the tops of the Rocky Mountains. At
the bottom of the valley flows an immense river, into which
the various streams issuing from the mountains fall from all
parts. In memory of their native land, the French formerly
called this 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,& which empties itself into the Polar seas.
The course of the Mississippi is at first dubious: it winds
several times towards the north, from whence it rose; and at
leiiglh, after having been delayed in lakes and marshes, it flows
slowly onwards to the south. Sometimes quietly gliding along
the argillaceous bed which nature has assigned to it, some-
times swollen by storms, the Mississippi waters 2,500 miles in
its course.c At the distance of 1,364 miles from its mouth this
river attains an average depth of fifteen feet ; and it is navigated
by vessels of 300 tons burden for a course of nearly 500 miles.
Fifty-seven large navigable rivers contribute to swell the waters
of the Mississ''^ipi ; amongst others, the Missouri, which trav-
erses a space of 2,500 miles ; the Arkansas of 1,300 miles, the

View of the United __f Warden's _ " Description of the

a Darby's
States."
bThe Red River.

f Warden's
United States.'

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DEMOCRACY IN AMI lUCA

»9

Red River i,ooo miles, four whose course is from 800 to 1,000
miles in length, viz., the Illinois, 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 propor-
tion 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 Mis-
sissippi ; the whole aspect of the country shows the powerful
effects of water, both by its fertility and by its barrenness. The
waters of the primeval ocean accumulated enormous beds of
vegetable mould in the valley, which they levelled as they retired.
Upon the right shore of the river are seen immense plains, as
smooth as if the husbandman had passed over them with his
roller. As you approach the mountains the soil becomes more
and more unequal and sterile ; the ground is, as it were, pierced
in a thousand places by primitive rocks, which appear like the
bones of a skeleton whose flesh is partly consumed. The sur-
face of the earth is covered with a granite sand and huge irreg-
ular masses of stone, among which a few plants force their
growth, and give the appearance of a green field covered with
the ruins of a vast edifice. These stones and this sand discover,
on examination, a perfect analogy with those which compose
the arid and broken summits of the Rocky Mountains. The
flood of waters which washed the soil to the bottom of the val-
ley afterwards carried away portions of the rocks themselves;
and these, dashed and bruised against the neighboring cliffs,
were left scattered like wrecks at their feet.d The valley of
the Mississippi is, upon the whole, the most magnificent dwell-
ing-place prepared by God for man's abode; and yet it may
be said that at present it is but a mighty desert.

On the eastern side of the Alleghanies, between 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 does not exceed
one hundred miles ; but it is about nine hundred miles in length.

d See Appendix, A.

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This part of the American continent has a soil which offers
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. The tongue of arid land was the cradle of
those English colonies which were destined one day to become
the United States of America. The centre of power still re-
mains here; whilst in the backwoods the true elements of the
great people to whom the future control of the continent be-
longs are gathering almost in secrecy together.

When the Europeans first landed on the shores of the West
Indies, and afterwards on the coast of South America, they
thought themselves transported into those fabulous regions
of which poets had sung. The sea sparkled with phosphoric
light, and the extraordinary transparency of its waters dis-
covered to the view of the navigator all that had hitherto been
hidden in the deep abyss.^ Here and there appeared little
islands perfumed with odoriferous plants, and resembling bask-
ets of flowers floating on the tranquil surface of the ocean.
Every object which met the sight, in this enchanting region,
seemed prepared to satisfy the wants or contribute to the pleas-
ures of man. Almost all the trees were loaded with nourishing
fruits, and those which were useless as food delighted the eye
by the brilliancy and variety of their colors. In groves of
fragrant lemon-trees, wild figs, flowering myrtles, acacias, and
oleanders, which were hung with festoons of various climbing
plants, covered with flowers, a multitude of birds unknown in
Europe displayed their bright plumage, glittering with purple
and azure, and mingled their warbling with the harmony of a
world teeming with life and motion.^ Underneath this brilliant
exterior death was concealed. But the air of these climates had
so enervating an influence that man, absorbed by present enjoy-
ment, was rendered regardless of the future.

North America appeared under a very different aspect ; there
everything was grave, serious, and solemn: it seemed created
to be the domain of intelligence, as the South was that of
sensual delight. A turbulent and foggy ocean washed its

e Malte Brun tells us (vol. v. p. 726)
that the water of the Caribbean Sea is
so transparent that corals and fish are
discernible at a depth of sixty fathoms.
The ship seemerl to float in air, the navi-
gator became giddy as his eye pene-

trated through the crystal flood, and
beheld submarine gardens, or beds of
shells, or gilded fishes gliding among
tufts and thickets of seaweed.
/ See Appendix, B.

DEMOCRACY IN AMERICA

•I

shores. It was girt round by a belt of granite rocks, or by
wide tracts of sand. The foliage of its woods was dark and
gloomy, for they were composed of firs, larches, evergreen
oaks, wild olive-trees, and laurels. Beyond this outer belt
lay the thick shades of the central forest, where the largest
trees which are produced in the two hemispheres grow side by
side. The plane, the catalpa, the sugar-maple, and the Vir
ginian poplar mingled 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. The ruins of
vegetation were heaped upon each other; but there was no
laboring h?:id to remove them, and their decay was not rapid
enough to make room for the continual work of reproduction.
Climbing plants, grasses, and other herbs forced their way
through the mass of dying trees ; they crept along their bend -
ing trui>ks, found nourishment in their dusty cavities, and a
passage beneath the lifeless bark. Thus decay gave its assist-
ance to life, and their respective productions were mingled
together. The depths of these forests were gloomy and ob-
scure, and a thousand rivulets, undirected in their course by
human industry, preserved in them a constant moisture. It
was rare to meet with flowers, wild fruits, or birds beneath their
shades. The fall of a tree overthrown by age, the rushing tor-
rent of a cataract, the lowing of the buffalo, 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. Whether
Nature in her infinite variety had denied the germs of trees to
these fertile plains, or whether they had once been covered
with forests, subsequently destroyed by the hand of man, is a
question which neither tradition nor scientific research has been
able to resolve.

These immense deserts were not, however, devoid of human
inhabitants. Some wandering tribes had been for ages scat-
tered among the forest shades or the green pastures of the
prairie. From the mouth of the St. Lawrence to the delta of
the Mississippi, and from the Atlantic to the Pacific Ocean,
these savages possessed certain points of resemblance which
bore witness of their common origin ; but at the same time they

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(lifTcrcd from all other known races of men :g they were neither
white like the ICuropcans, nor yellow like most of the Asiatics,
nor black like the negroes. Their skin was reddish brown,
their hair long and shining, their lips thin, and their cheek-
bones very prominent. The languages spoken by the North
American tribes are various as far as regarded their words,
but they were subject to the same grammatical rules. These
rules differed in several points from such as had been observed
to govern the origin of language. The idiom of the Americans
.seemed to be the product of new combinations, and !)espoke
an efifort of the understanding of which the Indians of our days
would be incapable.*

The social state of these tribes differed also in many respects
from all that was seen in the Old World. They seemed to have
multiplied freely in the midst of their deserts without coming
in contact with other races more civilized than their own. Ac-
cordingly, 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.

Tf, in polished countries, the lowest of the people are rude
and uncivil, it is not merely because they are poor and ignorant,
but that, being so, they are in daily contact with rich and en-
lightened men. The sight of their own hard lot and of their
weakness, which is 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 are at once insolent and
servile. The truth of this is easily proved by observation ;

g With the progress of discovery some
resemblance has been found to exist be-
tween the physical conformation, the
language, and the habits of the Indians
of North America, and those of the
Tongous, Mantchous, Mongols, Tar-
tars, and other wandering tribes of
Asia. The land occupied by these
tribes is not very distant from Behring's
Strait, which allows of the supposition.

that at a remote period they gave in-
habitants to the desert continent of
America. But this is a point which has
not yet been clearly elucidated by
science. See Malte Brun, vol. v.; the
works of Humboldt; Fischer, "Conjec-
ture sur rOrigine des Americains";
Adair, " History of the American In*
dians."
h See Appendix, C.

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DEMOCRACY IN AMERICA

•3

the people arc more rude in aristocratic countries than else-
where, in opulent cities than in rural districts. In those places
where the rich and powerful are assembled together the weak
and the indigent feel themselves oppressed by their inferior
condition. Unable to perceive a single chance of regaining
their equality, they give up to <lcspair, and allow themselves to
fall below the dignity of human nature.

This unfortunate efifect of the disparity of conditions is not
observable in savage life: the Indians, although they are
ignorant and poor, are equal and free. At the period when
Europeans first came among them the natives of North Amer-
ica were ignorant of the value of riches, and indiflferent to the
enjoyments which civilized man procures to himself by their
means. Nevertheless there was nothing coarse in their de-
meanor ; they practised an habitual reserve and a kind of aristo-
cratic politeness. Mild and hospitable when at peace, though
merciless in war beyond any known degree of human ferocity,
the Indian would expose himself to die of hunger in order to
succor the stranger who asked admittance by night at the door
of his hut ; yet he could tear in pieces with his hands the still
quivering limbs of his prisoner. The famous republics of
antiquity never gave exn' pies of more unshaken courage,
more haughty spirits, c aiore intractable love of independence
than were hidden in former times among the wild forests of the
New World.! The Europeans produced no great impression
when they landed upon the shores of North America; their
presence engendered neither envy nor fear. What influence
could they possess over such men as we have described ? The
Indian could live without wants, suffer without complaint, and
pour out his death-song at the stake.;' Like all the other mem-
bers of the great human family, these savages telieved in the
existence of a better world, and adored, under different names,

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i We learn from President Jefferson's
" Notes upon Virginia," p. 148, that
among the Iroquois, when attacked by
a superior force, aged men refused to
fly or to survive the destruction of their
country; and they braved death like the
ancient Romans when their capital was
lacked by the Gauls. Further on, p.
150, he tells us that there is no example
01 an Indian who, having fallen into the
hands of his enemies, begged for his
life; on the contrary, the captive sought
to obtain death at the hands of his
conquerors by the use of insult and
provocation.

.'., by
'' His-

»■ See " Histoire de la Louisiane,'
Lepage Dupratz ; Charlevoix,
toire de la Nouvelle France"; " Let-
tres du Rev. G. Hecwelder ;" " Trans-
actions of the American Philosophical
Societjf," V. I ; Jefferson's " Notes on
Vir/?inia," pp. 135-190. What is said by
Jefferson is of especial weight, on ac-
count of the personal merit of the
writer, of his peculiar position, and of
the matter-of-fact age in which he lived.

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God, the creator of the universe. Their notions on the great
intellectual truths were in general simple and philosophical.*

Although we have here traced the character of a primitive
people, yet it cannot be doubted that another people, more
civilized and more advanced in all respects, had preceded it in
the same regions.

An obscure tradition which prevailed among the Indians to
the north of the Atlantic informs us that these very tribes
formerly dwelt on the west side of the Mississippi. Along the
banks of the Ohio, and throughout the central valley, there are
frequently found, at this day, tumuli raised by the hands of
men. On exploring these heaps of earth to their centre, it is
usual to meet with human bones, strange instruments, arms
and utensils of all kinds, made of metal, or destined for pur-
poses unknown to the present race. The Indians of our time
are unable to give any information relative to the history of
this unknown people. Neither did those who lived three hun-
dred years ago, when America was first discovered, leave any
accounts from which even an hypothesis could be formed.
Tradition — that perishable, yet ever renewed monument of the
pristine world — throws no light upon the subject. It is an
undoubted fact, however, that in this part of the globe thou-
sands of our fellow-beings had lived. When they came hither,
what was their origin, their destiny, their history, and how
they perished, no one can tell. How strange does it appear
that nations have existed, and afterwards so completely dis-
appeared from the earth that the remem^iCice of their very
names is effaced ; their languages are Iojsl , ..leir glory is van-
ished like a sound without an echo; though perhaps there is
not one which has not left behind it some tomb in memory of
its passage ! The most durable monument of human labor is
that which recalls the wretchedness and nothingness of man.

Although the vast country which we have been describing
was inhabited by many indigenous tribes, it may justly be said
at the time of its discovery by Europeans to have formed one
great desert. The Indians occupied without possessing it. It
is by agricultural labor that man appropriates the soil, and the
early inhabitants of North America lived by the produce of the
chase. Their implacable prejudices, their uncontrolled pas-
sions, their rices, and still more perhaps their savage virtues,

k See Appendix, D.

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DEMOCRACY IN AMERICA

consigned them to inevitable destruction. The ruin of these
nations began from the day when Europeans landed on their
shores ; it has proceeded ever since, and we are now witnessing
the completion of it. They seem to have been placed by Provi-
dence amidst the riches of the New World to enjoy them for a
season, and then surrender them. Those coasts, so admirably
adapted for commerce and industry; those wide and deep
rivers ; that inexhaustible valley of the Mississippi ; the whole
continent, in short, seemed prepared to be the abode of a great
nation, yet unborn.

In that land the great experiment was to be made, by civilized
man, of the attempt to construct society upon a new basis ; and
it was there, for the first time, that theories hitherto unknown,
or deemed impracticable, were to exhibit a spectacle for which
the world had not been prepared by the history of the past.

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CHAPTER II

ORIGIN OF THE ANGLO-AMERICANS, AND ITS IMPOR-
TANCE IN RELATION TO THEIR FUTURE CONDITION

Utility of knowing the origin of nations in order to understand their
social condition and their laws — America the only country in which
the starting-point of a great people has been clearly observable —
In what respects all who emigrated to British America were similar
— In what they differed — Remark applicable to all Europeans who
established themselves on the shores of the New World — Coloniza-
tion of Virginia — Colonization of New England — Original char-
acter of the first inhabitants of New England — Their arrival —
Their first laws — Their social contract— Penal code borrowed from
the Hebrew legislation — Religious fervor — Republican spirit — In-
timate union of the spirit of religion with the spirit of liberty.

AFTER the birth of a human being his early years are
obscurely spent in the toils or pleasures of childhood.
As he grows up the world receives him. when his
manhood begins, and he enters into contact with his fel-
lows. He is then studied for the first time, and it is imagined
that the germ of the vices and the virtues of his maturer years
is then formed. This, if I am not mistaken, is a great error.
We must begin higher up; we must watch the infant in its
mother's arms ; we must see the first images which the external
world casts upon the dark mirror of his mind ; the first occur-
rences which he witnesses ; we must hear the first words which
awaken the sleeping powers of thought, and stand by his earliest
efforts, if we would understand the prejudices, the habits, and
the passions which will rule his life. The entire man is, so to
speak, to be seen in the cradle of the child.

The growth of nations presents something analogous to this :
they all bear some marks of their origin ; and the circumstances
which accompanied their birth and contributed to their rise
aflfcct the whole term of their being. If we were able to go
back to the elements of states, and to examine the oldest monu-
ments of their history, I doubt not that we should discover
the primal cause of the prejudices, the habits, the ruling pas-

DEMOCRACY IN AMERICA

ptons, and, in short, of all that constitutes what is called the
national character; we should then find the explanation of
certain customs which now seem at variance with the prevail-
ing manners; of such laws as conflict with established prin-
ciples ; and of such incoherent opinions as are here and there
to be met with in society, like those fragments of broken chains
which we sometimes see hanging from the vault of an edifice,
and supporting nothing. This might explain the destinies of
certain nations, which seem borne on by an unknown force
to ends of which they themselves are ignorant. But hitherto
facts have been wanting to researches of this kind: the spirit
of inquiry has only come upon communities in their latter days ;
and when they at length contemplated 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 influences exercised on the future condition of states by
their origin is clearly distinguishable. At the period when the
peoples of Europe landed in the New World their national
characteristics were already completely formed ; each of them
had a physiognomy of its own; and as they had already at-
tained that stage of civilization at which men are led to study
themselves, they have transmitted to us a faithful picture of
their opinions, their manners, and their laws. The men of the
sixteenth century are almost as well known to us as our con-
temporaries. America, consequently, exhibits in the broad
light of day the phenomena which the ignorance or rudeness
of earlier ages conceals from our researches. Near enough to
the time when the states of America were founded, to be ac-
curately acquainted with their elements, and sufficiently re-
moved from that period to judge of some of their results, the
men 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
world which the obscurity of the past concealed from them. If
we carefully examine the social and political state of America,
after having studied its history, we shall remain perfectly con-
vinced that not an opinion, not a custom, not a law, I may even
say not an event, is upon record which the origin of that people

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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 different periods to occupy the
territory now covered by the American Union differed from
each other in many respects; their aim was not the same, and
they governed themselves on different principles. These men
had, however, certain features in common, and they were all
placed in an analogous situation. The tie of language is per-
haps the strongest and the most durable that can unite man-
kind. All the emigrants spoke the same tongue ; they were all
offsets from the same people. Born in a country which had
been agitated for centuries by the struggles of faction, and in
which all parties had been obliged in their turn to place them-
selves under the protection of the laws, their political education
had been perfected in this rude school, and they were more
conversant with the notions of right and the principles of true
freedom than the greater part of their European contempor-
aries. At the period of their first emigrations the parish sys-
tem, that fruitful 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 into the bosom
of the monarchy of the House of Tudor.

The religious quarrels which have agitated the Christian
world were then rife. England had plunged into the new order
of things with headlong vehemence. The character of its in-
habitants, which had always been sedate and reflective, became
argumentative and austere. General information had been
increased by intellectual debate, and the mind had received a
deeper cultivation. Whilst religion was the topic of discussion,
the morals of the people were reformed. All these national
features are more or less discoverable in the physiognomy of
those adventurers who came to seek a new home on the opposite
shores of the Atlantic.

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
"tablished themselves in the New World. All these European
colonies contained the elements, if not the development, of a
complete democracy. Two causes led to this result. It may
safely be advanced, that on leaving the mother-country the emi-

DEMOCRACY IN AMERICA

grants had in general no notion of superiority over one another.
The happy and the powerful do not go into exile, and there are
no surer guarantees of equality among men than poverty and
misfortune. It happened, however, on several occasions, that
persons of rank were driven to America by political and re-
ligious quarrels. Laws were made to establish a gradation
of ranks ; but it was soon found that the soil of America was
opposed to a territorial aristocracy. To bring that refractory
iand into cultivation, the constant and interested exertions of
the owner himself were necessary ; and when the ground was
prepared, its produce was found to be insufficient to enrich a
master and a farmer at the same time. The land was then
naturally broken up into small portions, which the proprietor
cultivated for himself. Lc;nd is the basis of an aristocracy,
which clings to the soil that supports it ; for it is not by privi-
leges alone, nor by birth, but by landed property handed down
from generation to generation, that an aristocracy is consti-
tuted. A nation may present immense fortunes and extreme
wretchedness, but unless those fortunes are territorial there is
no aristocracy, but simply the class of the rich and that of the
poor.

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

In this general uniformity several striking differences 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 other in the North.

Virginia received the first English colony; the emigrants
took possession of it in 1607. The idea that mines of gold
and silver are the sources of national wealth was at that time
singularly prevalent in Europe ; a fatal delusion, which has
done more to impoverish the nations which adopted it, and has
cost more lives in America, than the united influence of war
and bad laws. The men sent to Virginia o were seekers of gold,

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a The charter granted by the Crown
of England in 1609 stipulated, amongst

other conditions, that the adventurers
should pay to the Crown a fifth of the

DE TOCQUEVILLE

adventurers, without resources and without character, whose
turbulent and restless spirit endangered the infant colony ,* and
rendered its progress uncertain. The artisans and agricultur-
ists 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.c No lofty conceptions, no
intellectual 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. Slavery, as we shall
afterwards show, dishonors labor; it introduces idlenes's into
society, and with idleness, ignorance and pride, luxury and dis-
tress. It enervates the powers of the mind, and benumbs the
activity of man. The influence of slavery, united to the Eng-
lish character, 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 the social theory of the United
States were first combined in the Northern English colonies,
more generally denominated the States of New England.^ The
principles of New England spread at first to the neighboring
states ; they then passed successively to the more distant ones ;
and at length they imbued the whole Confederation. They now
extend their influence beyond its limits over the whole Ameri-
can world. The civilization of New England has been like a
beacon lit upon a hill, which, after it has diffused its warmth
around, tinges the distant horizon with its glow.

The foundation of New England was a novel spectacle, and

§rociuce of all cold and silver mines,
ee Marshall's " Life of Washington,"
vol. i. pp. i8-66.

b A large portion of the adventurers,
says Stith (" History of Virginia "),
were unprincipled young men of family,
whom tneir parents were glad to ship
off, discharged servants, fraudulent
bankrupts, or debauchies ; and others of
the same class, people more apt to
pillage and destroy than to assist the
settlement, were the seditious chiefs,
who easily led this hand into every kind
of extravagance and excess. See for
the history of Virginia the following
works : —

" History of Virginia, from the First
Settlements in the year 1624," b '^mith.

" History of Virginia," by William
Stith.

" History of Virginia, from the Ear-
liest Period," by Beverley.

c It was not till some time later that
a certain number of rich English capital-
ists came to fix themselves in the colony.

d Slavery was introduced about the
year 1620 by a Dutch vessel which landed
twenty negroes on the banks of the river
JamoB. See Ch'almer.

c The States of New England are those
situated to the east of the Hudson ;
they are now six in number : i, Con-
necticut ; 2, Rhode Island : 3, Massa-
chusetts; 4, Vermont; 5, New Hamp-
shire ; 6, Maine.

DEMOCRACY IN AMERICA

all the circumstances attending it were singular and original.
The large majority of colonies have been first inhabited either
by men without education and without resources, driven by
their poverty and their misconduct from the land which gave
them birth, or by speculators and adventurers greedy of gain.
Some settlements cannot even boast so honorable an origin;
St. Domingo was founded by buccaneers; and the criminal
courts of England originally supplied the population of Aus-
tralia.

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 ph '-^r^enon of a society con-
taining neither lords nor common p uic, neither rich nor poor.
These men possessed, in proportion to their number, a greater
mass of intelligence than is to be found in any European nation
of our own time. All, without a single exception, had received
a good education, and many of them were known in Europe
for their talents and their acquirements. The other colonies
had been founded by adventurers without family; the emi-
grants 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 dis-
tinguished them was the aim of their undertaking. They had
not been obliged by necessity to leave their country ; the social
position they abandoned was one to be regretted, and their
means of subsistence were certain. Nor did they cross the At-
lantic to improve their situation or to increase their wealth;
the call which summoned them from the comforts of their homes
was purely intellectual ; and in facing the inevitable sufferings
of exile their object was the triumph of an idea.

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 rigor of their own principles, the Puritans went
forth to seek some rude and unfrequented part of the world,

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where they could live according to their own opinions, and
worship God in freedom.

A few quotations will throw more light upon the spirit of
these pious adventurers thar , 11 we can say of them. Nathan-
iel Morton/ the historian of the first years of the settlement,
thus opens his subjei t :

" Gentle Reader, — I have for some length of time looked upon
it as a duty incumoent, especially on the immediate successors
of those that have had so large experience of those many mem-
orable and signal demonstratioas 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 inducements thereunto, not onely otherwise but so
plentifully in the Sacred Scriptures : that so, what we have seen,
and what our fathers have told us (Psalm Ixxvili. 3, 4), we may
not hide from our children, showing to the generations to
come the praises of the Lord ; that especially the seed of Abra-
ham his servant, and the children of Jacob his chosen (Psalm
cv. 5, 6), may remember his marvellous works in the beginnin'
and progress of the planting of New England, his wonders and
the judgments of his mouth ; how that God brought a vine into
this wilderness ; that he cast out the heathen, and planted it ;
that he made room for it and caused it to take deep root ; and
it filled the land (Psalm Ixxx. 8, 9). And not onely so, but also
that he hath guided his people by his strength to his holy habi-
tation and planted them in the mountain of liis inheritance in re-
spect of precious Gospel enjoyments: and that as especially
God may have the glory of all unto whom it is most due ; so
also some rays of glory may reach the names of those blessed
Saints that were the main instruments and the beginning of
this happy enterprise."

It is impossible to read this opening paragraph without an
involuntary feeling of religious awe ; it breathes the very savor
of Gospel antiquity. The sincerity of the author heightens his
power of language. The band which to his eyes was a mere
party of adventurers gone forth to seek their fortune beyond
seas appears to the reader as the germ. of a great nation wafted
by Providence to a predestined shore.

^"New England's Memorial," p. 13; Boston, 1826. See also "Hutchinson's
History," vol. ii. p. 440.

DEMOCRACY IN AMERICA

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. i6), 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 specta-
tors 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 fervent
prayers unto the Lord and his blessing ; and then, with mutual
embraces and many tears they took their leaves one of another,
which proved to be the last leave to many of them."

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.*

g The emigrants were, for the most
part, godly Christians from the North of
England, who had quitted their native
country because they were " studious of
reformation, and entered into covenant
to walk with one another according to
the primitive pattern of the Word of
God. They emigrated to Holland, and
settled in the city of Leyden in 1610,
where they abode, being lovingly re-
spected by the Dutch, for many years :
they left it in 1620 for several reasons,

Vol. I.— 3

the last of which was, that their pos>
terity would in a few generations be-
come Dutch, and so lose their interest
in the English nation ; they being
desirous rather to enlarge His Majesty's
dominions, and to live under their
natural prince. — Translator's Note.

h Thi rock is become an object of
veneration in the United States. I have
seen bits of it carefuU?; preserved in
several towns of the Union. Does not
this sufficiently show how entirely all

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" But before \vc pass on," continues our historian, " let the
reader with me make a pause and seriously consider this poor
people's present condition, the more to be raised up to admira-
tion of God's goodness towards them in their preservation : for
being now passed the vast ocean, and a sea of troubles before
them in expectation, they had now no friends to welcome them,
no inns to entertain or refresh them, no houses, or much less
towns to repair unto to seek for 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 fierce
storms, dangerous to travel to known places, much more to
search unknown coasts. Besides, what could they see but a
hideous and desolate wilderness, full of wilde beasts, and wilde
men ? and what multitudes of them there were, they then knew
not : for which way soever they turned their eyes (save upward
to Heaven) they could have but little solace or content in re-
spect 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 hew ; if they looked behind them, there was the mighty
ocean which they had passed, and was now as a main bar or
gulph to separate them from all the civil parts of the world."

It must not be imagined that the piety of the Puritans was of
a merely speculative kind, or that it took no cognizance of the
course of worldly affairs. Puritanism, as I have already 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 Morton than it was their first care to con-
stitute a society, by passing the following Act :

" In the name of God. Amen. We, whose names are under-
written, the loyal subjects of our dread Sovereign Lord King
James, etc., etc.. Having undertaken for the glory of God, and
advancement of the Christian Faith, and the honour 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 . nd combine
ourselves together into a civil body politick, for ou better order-
ing and preservation, and furtherance of the ends aforesaid:

human power and greatness is in the
soul of man? Here is a stone wliicli
tlie feet of a few outcasts presserl for an
instant, and this stone becomes famous ;

it is treasured by a great nation, its
very dust is shared as a relic : and what
is become of the gateways of a thousand
palaces?

DEMOCRACY IN AMERICA

and by virtue hereof do enact, constitute and frame such just
and equal laws, ordinances, acts, constitutions, and officers,
from time to time, as shall be thought most meet and convenient
for the general good of the Colony: unto which we promise
all due submission and obedience," etc.*

This happened in 1620, and from that time forwards the emi-
gration went on. The religious and political passions which
ravaged the British Empire during the whole reign of Charles
I drove fresh crowds of sectarians every year to the shores of
America. In England the stronghold of Puritanism was in the
middle classes, and it was from the middle classes that the ma-
jority of the emigrants came. The population of New Eng-
land increased rapidly ; and whilst the hierarchy of rank despot-
ically classed the inhabitants of the mother-country, the colony
continued to present the novel spectacle of a community homo-
geneous in all its parts. A democracy, more perfect than any
which antiquity had dreamt of, started in full size and panoply
from the midst of an ancient feudal society.

The English Government was not dissatisfied with an emi-
gration which removed the elements of fresh discord and of
further revolutions. On the contrary, everything was done
to encourage it, and great exertions were made to mitigate the
hardships of those who sought a shelter from the rigor of their
country's laws on the soil of America. It seemed as if New
England was a region given up to the dreams of fancy and the
unrestrained experiments of innovators.

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 ; but this principle of liberty was nowhere more extensive-
ly applied than in the States of New England.

It was generally allowed at chat period that the territories of
the New World belonged to that European nation which had
been the first to discover them. Nearly the whole coast of
North America thus became a British possession towards the
end of the sixteenth century. The means used by the English
Government to people these new domains were of several kinds ;
the King sometimes appointed a governor of his own choice,

«■ The emigrants who founded the State
of Rhode Island in 1638, those who
landed at Nt.- Haven in 1637, the first
settlers in Connecticut in 1639, and the
founders of Providence in 1640, began

in like manner by drawinf? up a social
contract, which was acceded to by all
the interested parties. See " Pitkin's
History," pp. 42 and 47.

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who ruled a portion of the New World in the name and under
the immediate orders of the Crown ; i this is the colonial systctn
adopted by other countries of Europe. Sometimes grants of
certain tracts were made by the Crown to an individual or to a
company,^ in which case all the civil and political power fell into
the hands of one or more persons, who, under the inspection and
control of the Crown, sold the lands and governed the inhab-
itants. Lastly, a third system consisted in allowing a certain
number of emigrants to constitute a political society under the
protection of the mother-country, and to govern themselves in
whatever was not contrary to her laws. This mode of colo-
nization, so remarkably favorable to liberty, was only adopted
in New England.'

In 1628 m a charter of this kind was granted by Charles I
to the emigrants who went to form the colony of Massachusetts.
But, in general, charters were not given to the colonies of New
England till they had acquired a certain existence. Plymouth,
Providence, New Haven, the State of Connecticut, and that of
Rhode Island « were founded without the co-operation and al-
most without the knowledge of the mother-country. The new
settlers did not derive their incorporation from the seat of the
empire, although they did not deny its supremacy; they con-
stituted a society of their own accord, and it was not till thirty
or forty years afterwards, under Charles II. that their existence
was legally recognized by a royal charter.

This frequently renders it difficult to detect the link which
connected the emigrants with the land of their forefathers in
studying the earliest historical and legislative records of New
England. They exercised the rights of sovereignty; they
named their magistrates, concluded peace or declared war, made

/This was the case In the State of
New York.

k Maryland, the Carolinas, Pennsyl-
vania, and New Jersey were in this sit-
uation. See " Pitkin's History," vol. i.
pp. 11-31.

I See the work entitled " Historical
Collection of State Papers and other
authentic Documents intended as ma-
terials for a History of the United States
of America, by Ebenezer HasarJ. Phila-
delphia, 1792,'' for a great number of
documents relating to the commence-
ment of the colonies, which are valuable
from their contents and their authenti-
city: amonpst them are the various
charters granted by the King of Eng-
land, and the first acts of the local
governments.

See also the analysis of all these
charters given by Mr. Story, Judge of
the Supreme Court of the United States,
in the Introduction to his " Commen-
tary on the Constitution of the United
States." It results from these docu-
ments that the principles of representa-
tive government and the external forms
of political liberty were introduced into
all the colonies at their origin. These
principles were more fully acted upon
in the North than in the South, hut
they existod everywhere.

m See " Pitkin's History," p. 35- See
the "History of the Colony of Massa-
chusetts Bay," by Hutchinson, vol. i.
p. 9.

n See " Pitkin's History," pp. 42. 47-

DEMOCRACY IN AMKRICA

police regulations, and enacted laws as if their allegiance was
due only to God." Nothing can he more curious and, at the
same time more instructive, than the legislation of that period ;
it is there that the solution of the great social problem which the
United States now present to the world is to be found.

Amongst these documents we shall notice, as especially char-
acteristic, the code of laws promulgated by the little State of
Connecticut in i6$o.P The legislators of Connecticut? begin
with the penal laws, and, strange to say, they borrow their pro-
visions from the text of Holy Writ. " Whosoever shall worship
any other God than the Lord," says the preamble of the Code,
" shall surely be put to death." This is followed by ten or twelve
enactments of the same kind, copied verbatim from the books of
Exodus, Leviticus, and Deuteronomy. Blasphemy, "orcery,
adultery ,»" and rape were punished with death; an outrage
offered by a son to his parents was to 'u; expiated by the same
penalty. The legislation of a rude and half-civilized people was
thus applied to an enlightened and moral comirunit;/. The con-
sequence was that the punishment of deat'i was ncer more fre-
quently prescribed by the statute, and never more rarel en-
forced towards the guilty.

The chief care of the legislators, in this body M penal laws,
was the maintenance of orderly conduct and ;o -a morals in
the community: they constantly invaded the lomain of con-
science, and there was scarcely a sin which was not subject to
magisterial censure. The reader is aware of the rigor with
which these laws punished rape and adultery ; intercourse be-
tween unmarried persons was likewise severely repressed. The
judge was empowered to inflict a pecuniary penaUy, a whipping,
or marriage s on the misdemeanants ; and if the records of the

o The inhabitants of Massachusetts
had deviated from thf forms which are
preserved in the criminal and civil pro-
cedure of England ; in 1650 the decrees
of justice were not yet headed by the
royal style. See Hutchinson, vol. i. p.
452.

p Code of 1650, p. 28 ; Hartford, 1830.

a See also in " Hutchinson's History,"
vol. i. pp. 435, 456, the analysis of the
penal code adopted in 1648 by the
Colony of Massachusetts : this code is
drawn up on the same principles as that
of Connecticut.

r Adultery was also punished with
death by the law of Massachusett? : > nci
Hutchinson, vol. i. p. 441, says that sev-
eral persons actually suffered for this
crime. He quotes a curious anecdote on
this subject, which occ.irred in the year

1663. A married woman had had crimi-
nal intercourse with a young man ; her
husband died, and she married the lover.
Several years had elapsed, when the
public began to suspect the previous in-
tercourse of this couple : they were
th. ■ v:;: into prison, put upon trial, and
v:rj '■■.'crowly escaped capital punish-
meui

* Code of 1650, p. 48. It seems some-
times to have happened that the judges
superadded these punishments to each
other, as is seen in a sentence pro-
nounced in 1643 (p. 114, " New Haven
Antiquities "), by which Margaret Bed-
ford, convicted of loose conduct, was
condemned to be whipped, and after-
wards to marry Nicholas Jemmings, her
accomplice.

DE TOCQUEVILLE

III

cld courts of New Haven may be believed, prosecutions of this
kind were not unfrequent. We find a sentence bearing date the
first of May, 1660, inflicting a fine and reprimand on a young
woman who was accused of using improper language, and of
allowing herself to be kissed.* The Code of 1650 abounds in
preventive measures. It punishes idleness and drunkenness
with severity." Innkeepers are forbidden to furnish more than
a certain quantity of liquor to each consumer ; and simple ly-
ing, whenever it may be injurious,^' is checked by a fine or a
flogging. In other places, the legislator, entirely forgetting
the great principles of religious toleration which he had him-
self upheld in Europe, renders attendance on divine service
compulsory .w and goes so far as to visit with severe punish-
ment,* and even with death, the Christians who chose to wor-
ship God according to a ritual differing from his own.^ Some-
times indeed the zeal of his enactments induces him to descend
to the most frivolous particulars : thus a law is to be found in
the same Code which prohibits the use of tobacco.y It must
not be forgotten that these fantastical and vexatious laws were
not imposed by authority, but that they were freely voted by
all the persons interested, and that the manners of the com-
munity were even more austere and more puritanical than the
laws. In 1649 a solemn association was formed in Boston to
check the worldly luxury of long hair .2

These errors are no doubt discreditable to human reason;
they attest the inferiority of our nature, which is incapable of
laying firm hold upon what is true and just, and is often reduced
to the alternative of two excesses. In strict connection with this
penal legislation, which bears such striking marks of a narrow
sectarian spirit, and of those religious passions which had been
warmed by persecution and were still fermenting among the

I " New Haven Antiquities," p. 104.
See also " Hutchinson's History," for
several causes equally extraordinary.

« Code of 1650, pp. so, 57.

V Ibid., p. 64.

wlbid., p. 44-

• This was not peculiar to Connecti-
cut. See, for instance, the law Arhich,
on September 13, 1644, banished the Ana-
baptists from the State of Massachusetts.
(" Historial Collection of State Papers,"
vol. i. p. 53S,) See also the law against
the Quakers, passed on October 14,
1656 : " Whereas," says the preamble,
" an accursed race of heretics called
Quakers has sprung up." etc. The
clauses of the statute inflict a heavy
fine on all captains of ships who should

import Quakers into the country. The
Quakers who maj^ be found there shall
be whipped and imprisoned with hard
labor. Those members of the sect who
should defend their opinions shall be
first fined, then imprisoned, and finally
driven out of the province.—" Historical
Collection of State Papers," vol. i. p.
630.

X By the penal law of Massachusetts,
any Catholic priest who should set foot
in the colony after having been once
driven out of it was liable to capital
punishment.

jr Code of 1650, p. q6.

s " New England's Memorial," p. 316.
See Appendix, E.

DEMOCRACY IN AMERICA

people, a body of political laws is to be found, which, though
written two hundred years ago, is still ahead of the liberties of
our age. The general principles which are the groundwork of
modern constitutions — principles which were imperfectly known
in Europe, and not completely triumphant even in Great Britain,
in the seventeenth century — were all recognized and determined
by the laws of New England: the intervention of the people
in public affairs, the free voting of taxes, the responsibility of
authorities, personal liberty, and trial by jury, were all posi-
tively established without discussion. From these fruitful prin-
ciples consequences have been derived and applications have
been made such as no nation in Europe has yet ventured to
attempt.

In Connecticut the electoral body consisted, from its origin,
of the whole number of citizens ; and this is readily to be under-
stood,o when we recollect that this people enjoyed an almost
perfect equality of fortune, and a still greater uniformity of
opinions.^ In Connecticut, at this period, all the executive
functionaries were elected, including the Governor of the State.c
The citizens above the age of sixteen were obliged to bear
arms ; they formed a national militia, which appointed its own
officers, and was to hold itself at all times in readiness to march
for the defence of the country.^

In the laws of Connecticut, as well as in all those of New Eng-
land, we find the germ and gradual development of that town-
ship independence which is the life and mainspring of Ameri-
can liberty at the present day. The political existence of the
majority of the nations of Europe commenced in the superior
ranks of society, and was gradually and imperfectly communi-
cated to the different members of the social body. In America,
on the other hand, it may be said that the township was or-
ganized before the county, the county before the State, the
State before the Union. In New England townships were com-
pletely and definitively co^-stituted as early as 1650. The inde-
pendence of the township was the nucleus round which the local
interests, passions, rights, and duties collected and clung. It
gave scope to the activity of a real political life most thoroughly

i '/

a Constitution of 1638, p. 17.

b In 1641 the General Assembly of
Rhode Island unanimously declared that
the Rovernment of the State was a
democracy, and that the power was
vested in the body of free citizens, who

alone had the right to make the laws
and to watch their execution. — Code of
1650, p. 70.

f " Pitkin's History," p. 47.

d Constitution of 163!!, p. 12.

DE TOCQUEVILLE

II'

democratic and republican. The colonies still recognized the
supremacy of the mother-country ; monarchy was still the law
of the State ; but the republic was already established in every
township. The towns named their own magistrates of every
kind, rated themselves, and levied their own taxes.^ In the
parish of New England the law of representation was not
adopted, but the affairs of the community were discussed, as at
Athens, in the market-place, by a general assembly of the citi-
zens.

In studying the laws which were promulgated at this first
era of the American republics, it is impossible not to be struck
by the remarkable acquaintance with the science of govern-
ment and the advanced theory of legislation which they display.
The ideas there formed of the duties of society towards its
members are evidently much loftier and more comprehensive
than those of the European legislators at that time: obliga-
tions 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
maintenance of roads, and surveyors were appointed to attend
to them ; g registers were established in every parish, in which
the results of public deliberations, and the births, deaths, and
marriages of the citizens were entered ; h clerks were directed to
keep these registers ; « officers were charged with the adminis-
tration of vacant inheritances, and with the arbitration of liti-
gated landmarks; and many others were created whose chief
functions were the maintenance of public order in the com-
munity.; liie law enters into a thousand useful provisions for
a number of social wants which are at present very inadequately
felt in France.

But it is by the attention it pays to Public Education that the
original character of American civilization is at once placed in
the clearest light. " It being," says the law, " one chief project
of Satan to keep men from the knowledge of the Scripture by
persuading from the use of tongues, to the end that learning
may not be buried in the graves of our forefathers, in church
and commonwealth, the Lord assisting our endeavors. . . ."ft
Here follow clauses establishing schools in every township, and

e Code of i6so, p. 80.

/ Ibid., p. 78.

g Ibid., p. 49.

h See "Hutchinson's History," vol. i.

t'Cbde of 1650, p. 86.
i Ibid., p. 40.
k Ibid., p. 90.

DEMOCRACY IN AMERICA

obliging the inhabitants, under pain of heavy fines, to support
them. Schools of a superior kind were founded in the same
manner in the more populous districts. The municipal authori-
ties V ere bound to enforce the sending of children to school by
their parents ; they were empowered to inflict fines upon all who
refused compliance; and in case of continued resistance so-
ciety assumed the place of the parent, took possession of the
child, and deprived the father of those natural rights which
he used to so bad a purpose. The reader will undoubtedly have
remarked the preamble of these enactments : in America religion
is the road to knowledge, and the obsei vance of the divine laws
leads man to civil freedom.

If, after having cast a rapid glance over the state of Ameri-
can society in 1650, we turn to the condition of Europe, and
more especially to that of the Continent, at the same period, we
cannot fail to be struck with astonishment. On the Continent
of Europe, at the beginning of the seventeenth century, abso-
lute monarchy had everywhere triumphed over the ruins of the
oligarchical and feudal liberties of the Middle Ages. Never
were the notions of right more completely confounded than in
the midst of the splendor and literature of Europe ; never was
the'-e less political activity among the people ; never were the
principles of true freedom less widely circulated ; and at that
very time those principles, which were scorned or unknown by
the nations of Europe, were proclaimed in the deserts of the
New World, and were accepted as the future creed of a great
people. The boldest theories of the human reason were put
into practice by a community so humble that not a statesman
condescended to attend to it ; and a legislation without a prec-
edent was produced offhand by the imagination of the citizens.
In the bosom of this obscure democracy, which had as yet
brought forth neither generals, nor philosophers, nor authors,
a man might stand up in the face of a free people and pronounce
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 a corrupt nature which is effected
both by men and beasts to do what they list, and this liberty is
inconsistent with authority, impatient of all restraint ; by this

' -Vt

})'M

I Mather's " Magnalia Christi Ameri-
cana," vol. ii. p. 13. This speech was
made by Winthrop ; he was accused of
havinK committed arbitrary actions dur-
ing his magistracy, but after having

made the speech of which the above is
a fraRment, he was acquitted by ac-
clamation, and from that time forwards
he was always re-elected governor of the
State. See Marshal, vol. i. p. i66.

DE TOCQUEVILLE

ft-.

liberty ' snvius omnes deteriores ': 'tis the grand enemy of truth
and peace, and all the ordinances of God are bent against it.
But there is a civil, a moral, a federal liberty which is the proper
end and object of authority ; it is a liberty for that only which
is just and good: for this liberty you are to stand with the
hazard of your very lives and whatsoever crosses it is not au-
thority, but a distemper thereof. This liberty is maintained
in a way of subjection to authority ; and the authority set over
you will, in all administrations for your good, be quietly sub-
mitted unto by all but such as have a disposition to shake off
the yoke and lose their true liberty, by their murmuring at the
honor and power of authority."

The remarks I have made will suffice to display the charac-
ter of Anglo-American civilization in its true light. It is the
result (and this should be constantly present to the mind of
two distinct elements, which in other places have been in fre-
quent hostility, but which in America have been admirably in-
corporated and combined with one another. I allude to the
spirit of Religion 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 opinions were, they were entirely free from
political prejudices. Hence a-ose two tendencies, distinct but
not opposite, which are constantly discernible in the manners
as well as in the laws of the country.

It might be imagined that men who sacrificed their friends,
their family, and their native land to a religious conviction were
absorbed in the pursuit of the intellectual advantages which
they purchased at so dear a rate. The energy, however, with
which they strove for the acquirement of wealth, moral enjoy-
ment, and the comforts as well as liberties of the world, is
scarcely inferior to that with which they devoted themselves to
Heaven.

Political principles and all human laws and institutions were
moulded and altered at their pleasure ; the barriers of the so-
ciety in which they were born were broken down before them ;
the old principles which had governed the world for ages were
no more ; a path without a turn and a field without an horizon
were opened to the exploring and ardent curiosity of man : but
at the limits of the political world he checks his researches, he
discreetly lays aside the use of his most formidable faculties, he

DEMOCRACY IN AMERICA

no longer consents to doubt or to innovate, but carefully ab-
staining from raising the curtain of the sanctuary, he yields
with submissive respect to truths which he will not discuss.
Thus, in the moral world everything is classed, adapted, decided,
and foreseen ; in the political world everything is agitated, un-
certain, and disputed : in the one is a passive, though a volun-
tary, obedience ; in the other an independence scornful of ex-
perience and jealous of authority.

These two tendencies, apparently so discrepant, are far from
conflicting ; they advance together, and mutually support each
other. Religion perceives that civil liberty affords a noble ex-
ercise to the faculties of man, and that ihe political world is a
field prepared by the Creator for the efforts of the intelligence.
Contented with the freedom and the power which it enjoys in
its own sphere, and with the place which it occupies, the em-
pire of religion is never more surely established than Avhen 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, and
the divine source of its claims. The safeguard of morality is re-
ligion, and morality is the best security of law and the surest
pledge of freedom.***

Reasons of Certain Anomalies which the Laws and
Customs of the Anglo-Americans present

Remains of aristocratic institutions in the midst of a complete de-
mocracy — Why? — Distinction carefully to be drawn between what
is of Puritanical and what is of English origin.

The reader is cautioned not to draw too general or too abso-
lute an inference from what has been said. The social condi-
tion, the religion, and the manners of the first emigrants un-
doubtedly exercised an immense influence on the destiny of
their new country. Nevertheless they were not in a situation
to found a state of things solely dependent on themselves : no
man can entirely shake oflf the influence of the past, and the
settlers, intentionally or involuntarily, mingled habits and no-
tions derived from their education and from the traditions of
their country with those habits and notions which were exclu-
sively their own. To form a judgment on the Anglo- Ameri-

m See Appendix, F.

DE TOCQUEVILLE

cans of the present day it is therefore necessary to distinguish
what is of Puritanical and what is of English origin.

Laws and customs are frequently to be met with in the
United States which contrast strongly with all that surrounds
them. These laws seem to be drawn up in a spirit contrary
to the prevailing tenor of the American legislation ; and these
customs are no less opposed to the tone of society. If the Eng-
lish colonies had been founded in an age of darkness, or if their
origin was already lost in the lapse of years, the problem would
be insoluble.

I shall quote a single example to illustrate what I advance.
The civil and criminal procedure of the Americans has only
two means of action — committal and bail. The first measure
taken by the magistrate is to exact security from the defendant,
or, in case of refusal, to incarcerate him: the ground of the
accusation and the importance of the charges against him are
then discussed. It is evident that a legislation of this kind is
hostile to the poor man, and favorable only to the rich. The
poor man has not always a security to produce, even in a civil
cause ; and if he is obliged to wait for justice in prison, he is
speedily reduced to distress. The wealthy individual, on the
contrary, always escapes imprisonment in civil causes; nay,
more, he may readily elude the punishment which awaits him
for a delinquency by breaking his bail. So that all the penalties
of the law are, for him, reducible to fines." Nothing can be
more aristocratic than this system of legislation. Yet in
America it is the poor who make the la , and they usually re-
serve the greatest social advantages to themselves. The ex-
planation of the phenomenon is to be found in England ; the
laws of which I speak are English,© and the Americans have re-
tained 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 legis-
lation. Civil laws are only familiarly known to legal men,
whose direct interest it is to maintain them as they are, whether
good or bad, simply because they themselves are conversant
with them. The body of the nation is scarcely acquainted with
them ; it merely perceives their action in particular cases ; but

M Crimes no doubt exist for which
bail is inadmissible, but they are few
in number.

See Blackstone ; and Delolme, book
I chap. X.

DEMOCRACY IN AMERICA

it has some difficulty in seizing their tendency, and obeys them
without premeditation. I have quoted one instance where it
would have been easy to adduce a great number of others. The
surface of American society is, if I may use the expression,
covered with a layer of democracy, from beneath which the old
aristocratic colors sometimes peep.

CHAPTER III

SOCIAL CONDITION OF THE ANGLO-AMERICANS

ASOCIAL condition is commonly the result of circum-
stances, sometimes of laws, oftener still of these two
causes united ; but wherever it exists, it may justly be
considered as the source of almost all the laws, the usages, and
the ideas which regulate the conduct of nations ; whatever it
does not produce it modifies. It is therefore necessary, if we
would become acquainted with the legislation and the manners
of a nation, to begin by the study of its social condition.

I* '

The Striking Characteristic of the Social Condition
OF THE Anglo-Americans in its Essential Democracy

The first emigrants of New England — Their equality — Aristocratic
laws introduced in the South — Period of the Revolution — Change
in the law of descent — Effects produced by this change — Democracy
carried to its utmost limits in the new States of the West — Equality
of education.

Many important observations suggest themselves upon the
social condition of the Anglo-Americans, but there is one which
takes precedence of all the rest. The social condition of the
Americans is eminently democratic ; this was its character at
the foundation of the Colonies, and is still more strongly marked
at the present day. I have stated in the preceding chapter that
great equality existed among the emigrants who settled on the
shores of New England. The germ of aristocracy was never
planted in that part of the Union. The only influence which
obtained there was that of intellect ; the people were used to
reverence certain names as the emblems of knowledge and
virtue. Some of their fellow-citizens acquired a power over
the rest which might truly have been called aristocratic, if it
had been capable of transmission from father to son.

This was the state of things to the east of the Hudson : to the

DEMOCRACY IN AMERICA

south-west of that river, and in the direction of the Floridas,
the case was different. In most of the States situated to the
south-west of the Hudson some great English proprietors had
settled, who had imported with them aristocratic principles ind
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 influence was not
altogether aristocratic as that term is understood in Europe,
since they possessed no privileges ; and the cultivation of their
estates being carried on by slaves, they had no tenants depend-
ing on them, and consequently no patronage. Still, the great
proprietors south of the Hudson constituted a superior class,
having ideas and tastes of ils 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 em-
braced ; but it was too weak and too short-lived to excite either
love or hatred for itself. This was the class which headed the
insurrection in the South, and furnished the best leaders of the
American revolution.

At the period of which we are now speaking society was
shaken to its centre : the people, in whose name the struggle
had taken place, conceived the desire of exercising the author-
ity which it had acquired ; its democratic tendencies were
awakened ; and having thrown off the yoke of the mother-
country, it aspired to independence of every kind. The influ-
ence of individuals 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 this law a greater influence on human aflFairs.o It is true
that these laws belong to civil affairs ; but they ought neverthe-
less to be placed at the head of all political institutions ; for,
whilst political laws are only the symbol of a nation's condi-
tion, they exercise an incredible influence upon its social state.

a I understand by the law of descent
all those laws whose principal object is
to regulate the distribution of property
after the death of its owner. The law of
entail is of this number ; it certainly
prevents the owner from disposing of
his possessions before his death ; but

this is solely with the view of preserving
them entire for the heir. The principal
object, therefore, of the law of entail
is to regulate the descent of property
after the death of its owner : its other
provisions are merely means to this
end.

DE TOCQUEVILLE

They have, moreover, a sure and uniform manner of operating
upon society, affecting, as it were, generations yet unborn.

Through their means man acquires a kind of preternatural
power over the future lot of his fellow-creatures. When the
legislator has regulated the law of inheritance, he may rest from
his labor. The machine once put in motion will go on for ages,
and advance, as if self-guided, towards a given point. When
framed in a particular manner, this law unites, draws together,
and vests property and power in a few hands : its tendency is
clearly aristocratic. On opposite principles its action is still
more rapid ; it divides, distributes, and disperses both property
and power. Alarmed by the rapidity of its progress, those who
despair of arresting its motion endeavor to obstruct it by diffi-
culties and impediments; they vainly seek to counteract its
effect by contrary efforts ; but it gradually reduces or destroys
every obstacle, until by its incessant activity the bulwarks of the
influence of wealth are ground down to the fine and shifting
sand which is the basis of democracy. When the law of inheri-
tance permits, still more when it decrees, the equal division
of a father's property amongst all his children, its effects are of
two kinds : it is important to distinguish them from each other,
although they tend to the same end.

In virtue of the law of partible inheritance, the death of every
proprietor brings about a kind of revolution in property ; not
only do his possessions change hands, but their very nature is
altered, since they are parcelled into shares, which become small-
er and smaller at each division. This is the direct and, as it
were, the physical effect of the law. It follows, then, that in
countries where equality of inheritance is ertablished by law,
property, and especially landed property, must have a tendency
to perpetual diminution. The effects, however, of such legis-
lation would only be perceptible after a lapse of time, if the
law was abandoned to its own working; for supposing the
family to consist of two children (and in a country peopled as
France is the average number is not above three), these children,
sharing amongst them the fortune of both parents, would not
be poorer than their father or mother.

But the law of equal division exercises its influence not
merely upon the property itself, but it affects the minds of the
heirs, and brings their passions into play. These indirect con-
sequences tend powerfully to the destruction of large fortunes,

DEMOCRACY IN AMERICA

and especially of large domains. Among nations whose law of
descent is founded upon the right of primogeniture landed es-
tates often pass from generation to generation without undergo-
ing division, the consequence of which is that family feeling is to
a certain degree incorporated with the estate. The family repre-
sents the estate, the estate the family ; whose name, together
with its origin, its glory, its power, and its virtues, is thus per-
petuated in an imperishable memorial of the past and a sure
pledge of the future.

When the equal partition of property is established by law,
the intimate connection is destroyed between family feeling
and the preservation of the paternal estate ; the property ceases
to represent the family ; for as it must inevitably be divided
after one or two generations, it has evidently a constant ten-
dency to diminish, and must in the end be completely dispersed.
The sons of the great landed proprietor, if they are few in num-
ber, or if fortune befriends them, may indeed entertain the hope
of being as wealthy as their father, but not that of possessing
the same property as he did ; the riches must necessarily be com-
posed of elements different 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 from family pride, you
may be certain that sooner or later he will dispose of it ; for
there is a strong pecuniary interest in favor of selling, as float-
ing capital produces higher interest than real property, and is
more readily available to gratify the passions of the moment.

Great landed estates which have once been divided never
come together again ; for the small proprietor draws from his
land a better revenue, in proportion, than the large owner does
from his, and of course he sells it at a higher rate.& The calcu-
lations of gain, therefore, which decide the rich man to sell his
domain will still more powerfully influence him against buying
small estates to unite them i: to a large one.

What is called family pride is often founded upon an illusion
of self-love. A man wishes to perpetuate and immortalize
himself, as it were, in his great-grandchildren. Where the
esprit de famille ceases to act individual selfishness comes into
play. When the idea of family becomes vague, indeterminate,

6 I do not mean to say that the small
proprietor cnltivates his land better, but
he cultivates it with more ardor and

Vol. I.— 4

care j so that he makes up by his labor
for his want of skill.

DK TOCQUKVILLE

aiul uncertain, a man thinks of his present convnicncc; he
provides for the establishment of his succ»'«'<i; ii ^jcntration,
and no more. Either a man gives up the ideu ■ ccri •. tu'iting
his family, or at any rate he seeks to accompliiii it by other
means than that of a landed estate. Thus not only does tli ; law
of partible inheritance render it difficult for families to preserve
their ancestral domains entire, but it deprives them of the in-
clination to attempt it, and compels them in some measure tn
co-operate with the law in their own extinction.

The law of equal distribution proceeds by two methods : by
acting upon things, it acts upon persons ; by influencing per-
sons, it aflfects things. By these means 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 partition is bringing to pass, to question its in-
fluence. It is perpetually conspicuous in our country, over-
throwing the walls of our dwellings and removing the land-
marks of our fields. But although it has produced great
effects in France, much still remains for it to do. Our recollec-
tions, opinions, and habits present powerful obstacles to its
progress.

In the United States it has nearly completed its work of de-
struction, and there we can best study its results. The Eng-
lish laws concerning the transmission of property were abol-
ished in almost all the States at the time of the Revolution. The
law of entail was so modified as not to interrupt the free cir-
culation of property.^ The first generation having passed
away, estates began to be parcelled out, and the change became
more and more rapid with the progress of time. At this mo-
ment, after a lapse of a little more than sixty years, the aspect
of society is totally altered ; the families of the great landed

c Land being the most stable kind
of property, we find, from time to time,
rich individuals who are disposed to
make ereat sacrifices in order to obtain
it, and wno willinfjrly forfeit a consid-
erable part of their income to make sure
of the rest, llut these are accidental
cases. The preference for landed prop-
erty is no longer found habitually in any
class but among the poor. The smnll
landowner, who has less information,
less imagination, and fewer p.issions
than the great one, is generally oc-
cupied with the desire of increasing his

estate : and it often happens that by in-
heritance, by marriajrc, or by the chances
of trade, he is gradually furnished with
the means. Thus, to balance the ten-
dency which leads men to divide their
estates, there exists another, which in-
cites them to add to them. This ten-
dency, which is sufficient to prevent
estates from being divided ad infinilum,
is pot strong enough to create great ter-
ritorial possessions, certainly not to
keep them up in the same family.
d See Appendix, G.

DEMOCRACY IN AMKRICA

5»

proprietors are almost all comniinplcd with the general mass.
In the State of New York, which formerly contained many of
these, there arc but two who still keep their heads above the
stream, and they must shortly disappear. The sons of these
opulent citizens arc become merchants, lawyers, or physicians.
Most of them have lapsed into obscurity. The last trace of
hereditary ranks and distinctions is destroyed — the law of par-
tition has reduced all to one level.

I do not mean that there is any deficiency of wealthy individ-
uals in the United States ; I know of no country, indeed, where
the love of money has taken stronger hold on the affections of
men, and where the profounder contempt is expressed for the
theory of the permanent equality of property. But wealth cir-
culates with inconceivable rapidity, and experience shows that
it is rare to find two succeeding generations in the full enjoy-
ment of it.

This picture, which may perhaps be thought to be over-
charged, still gives a very imperfect idea 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 that direction : communities un-
heard of till then were seen to emerge from the wilds : States
whose names were not in existence a few years before claimed
their place in the American Union ; and in the Western settle-
ments we may behold democracy arrived at its utmost extreme.
In these States, founded off-hand, and, as it were, by chance,
the inhabitants are but of yesterday. Scarcely known to one
another, the nearest neighbors are ignorant of each other's his-
tory. In this part of the American continent, therefore, the
population has not experienced the influence of great names
and great wealth, nor even that of the natural aristocracy of
knowledge and virtue. None are there to wield that respecta-
ble power which men willingly grant to the remembrance of a
life spent in doing good before their eyes. The new States of
the West are already inhabited, but society has no existence
among them.^

It is not only the fortunes of men which are equal in Amer-

e This may have been true in 1832,
but is not so in 1874, when great cities
like Chicago and San Francisco have
sprung up in the Western States. But

as yet the Western States exert no
powerful influence on American society.
— Tratislafar's Note.

s«

DE TOCQUEVILLE

ica; even their requirements partake in some degree of the
same uniformity. I do not beHeve that there is a country in
the world where, in proportion to the population, there are so
few uninstructed and at the same time so few learned individu-
als. Primary instruction is within the reach of everybody;
superior instruction is scarcely to be obtained by any. This
is not surprising ; it is in fact the necessary consequence of what
we have advanced above. Almost all the Americans are in easy
circumstances, and can therefore obtain the first elements of
human knowledge.

In America there are comparatively few who are rich enough
to live without a profession. Every profession requires an ap-
prenticeship, which limits the time of instruction to the early
years of life. At fifteen they enter upon their calling, and thus
their education ends at the age when ours begins. Whatever
is done afterwards is with a view to some special and lucrative
object ; a science is taken up as a matter of business, and the
only branch of it which is attended to is such as admits of an
immediate practical application. In America most of the rich
men were formerly poor ; most of those who now enjoy leisure
were absorbed in business during their youth ; the consequence
of which is, that when they might have had a taste for study
they had no time for it, and when time is at their disposal they
have no longer the inclination.

There is no class, then, in America, in which the taste for
intellectual pleasures is transmitted with hereditary fortune
and leisure, and by which the labors of the intellect are held
in honor. Accordingly there is an equal want of the desire and
the power of application to these objects.

A middle standard is fixed in America for human knowledge.
All approach as near to it as they can ; some as they rise, others
as they descend. Of course, an immense multitude of persons
are to be found who entertain the same number of ideas on
religion, history, science, political economy, legislation, and gov-
ernment. The gifts of intellect proceed directly from God, and
man cannot prevent their unequal distribution. But in conse-
quence of the state of things which we have here represented it
happens that, although the capacities of men are widely diflfer-
ent, as the Creator has doubtless intended they should be, they
are submitted to the same method of treatment.

In America the aristocratic element has always been feeble

DEMOCRACY IN AMERICA

from its birth ; and if at the present day it is not actually de-
stroyed, it is at any rate so completely disabled that we can
scarcely assign to it any degree of influence in the course of af-
fairs. The democratic principle, on the contrary, has gained
so much strength by time, by events, and by legislation, as to
have become not only predominant but all-powerful. There is
no family or corporate authority, and it is rare to find even the
influence of individual character enjoy any durability.

America, then, exhibits in her social state a most extraordi-
nary phenomenon. Men are there seen on a greater equality in
point of fortune and intellect, or, in other words, more equal
in their strength, than in any other country of the world, or in
any age of which history has preserved the remembrance.

•
.1

Political Consequences of the Social Condition of the

Anglo-Americans

The political consequences of such a social condition as this
are easily deducible. It is impossible to believe that equality will
not eventually find its way into the political world as it does
everywhere else. To conceive of men remaining forever un-
equal upon one single point, yet equal on all others, is impos-
sible ; they must come in the end to be equal upon all. Now I
know of only two methods of establishing equality in the polit-
ical world ; every citizen must be put in possession of his rights,
or rights must be granted to no one. For nations which are ar-
rived at the same stage of social existence as the Anglo-Ameri-
cans, it is therefore very difficult to discover a medium between
the sovereignty of all and the absolute power of one man : and
it would be vain to deny that the social condition which I have
been describing is equally liable to each of these consequences.

There is, in fact, a manly and lawful passion for equality
which excites men to wish all to be powerful and honored. This
passion tends to elevate the humble to the rank of the great ; but
there exists also in the human heart a depraved taste for equal-
ity, which impels the weak to attempt to lower the powerful to
their own level, and reduces men to prefer equality in slavery to
inequality with freedom. Not that those nations whose social
condition is democratic naturally despise liberty ; on the con-
trary, they have an instinctive love of it. But liberty is not the
chief and constant object of their desires; equality is their idol:

?i^:

DE TOCQUEVILLE

they make rapid and sudden efforts to obtain liberty, and if they
miss their aim resign themselves to their disappointment ; but
nothing can satisfy them except equahty, and rather than lose it
they resolve to perish.

On the other hand, in a State where the citizens are nearly
on an equality, it becomes difficult for them to preserve their
independence against the aggressions of power. No one among
them being strong enough to engage in the struggle with ad-
vantage, nothing but a general combination can protect their
liberty. And such a union is not always to be found.

From the same social position, then, nations may derive one
or the other of two great political results; these results are
extremely different from each other, but they may both proceed
from the same cause.

The Anglo-Americans are the first nations who, having been
exposed to this formidable alternative, have been happy enough
to escape the dominion of absolute power. They have been al-
lowed by their circumstances, their origin, their intelligence, and
especially by their moral feeling, to establish and maintain the
sovereignty of the people.

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CHAPTER IV

THE PRINCIPLE OF THE SOVEREIGNTY OF THE PEOPLE

IN AMERICA

It predominates over the whole of society in America — Application
made of this principle by the Americans even before their Revolu-
tion — Development given to it by that Revolution — Gradual and ir-
resistible extension of the elective qualification.

WHENEVER the political laws of the United States are
to be discussed, it is with the doctrine of the sover-
eignty of the people that we must begin. The prin-
ciple of the sovereignty of the people, which is to be found, more
or less, at the bottom of almost all human institutions, generally
remains concealed from view. It is obeyed without being recog-
nized, or if for a moment it be brought to light, it is hastily cast
back into the gloom of the sanctuary. " The will of the nation "
is one of those expressions which have been most profusely
abused by the wily and the despotic of every age. To the eyes
of some it has been represented by the venal suffrages of a few
of the satellites of power ; to others by the votes of a timid or an
interested minority; and some have even discovered it in the
silence of a people, on the supposition that the fact of submis-
sion established the right of command.

In America the principle of the sovereignty of the people is
not either barren or concealed, as it is with some other nations ;
it is recognized by the customs and proclaimed by the laws ; it
spreads freely, 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 appre-
ciated, where it can be studied in its application to the aflfairs of
society, and where its dangers and its advantages may be fore-
seen, that country is assuredly /America.

I have already observed that, from their origin, the sover-
eignty of the people was the fundamental principle of the greater
number of British colonies in America. It was far, however,

! 1

\ :

DE TOCQUEVILLE

from then exercising as much influence on the government of
society as it now does. Two obstacles, the one external, the
other internal, checked its invasive progress. It could not os-
tensibly disclose itself in the laws of colonies which were still
constrained to obey the mother-country: it was therefore
obliged to spread secretly, and to gain ground in the provincial
assemblies, and especially in the townships.

American society was not yet prepared to adopt it with all
its consequences. The intelligence of New England, and the
wealth of the country to the south of the Hudson (as I have
shown in the preceding chapter), long exercised a sort of aris-
tocratic influence, which tended to retain the exercise of social
authority in the hands of a few. The public functionaries were
not universally elected, and the citizens were not all of them elec-
tors. The electoral franchise was everywhere placed within cer-
tain limits, and made dependent on a certain qualification, which
was exceedingly low in the North and more considerable in the
South.

The American revolution .broke out, and the doctrine of the
sovereignty of the people, which had been nurtured in the town-
ships and municipalities, 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 no less rapid change was effected in the interior of society,
where the law of descent completed the abolition of local in-
fluences.

At the very time when this consequence of the laws and of
the revolution was apparent 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 fate of falling powers awaited them ; each of
their several members followed his own interests ; and as it was
impossible to wring the power from the hands of a people which
they did not detest sufficiently to brave, their only aim was to
secure its good-will at any price. The most democratic laws
were consequently voted by the very men whose interests they
impaired ; and thus, although the higher classes did not excite
the passions of the people against their order, they accelerated
the triumph of the new state of things ; so that by a singular

DEMOCRACY IN AMERICA

w •

change the democratic impulse was found to be most irresistible
in the "cry 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 en-
tirely abolished. There is no more invariable rule in the history
of society : the further electoral rights are extended, the greater
is 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
fippointed rate is irritated in exact proportion to the great num-
ber of those who are above it. The exception at last becomes the
rule, concession follows concession, and no stop can be made
short of universal suffrage.

At the present day the principle of the sovereignty of the peo-
ple has acquired, in the United States, all the practical develop-
ment which the imagination can conceive. It is unencumbered
by those fictions which have been thrown over it in other coun-
tries, and it appears in every possible form according to the
exigency of the occasion. Sometimes the laws are made by the
people in a body, as at Athens ; and sometimes its representa-
tives, chosen by universal suffrage, transact business in its name,
and 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 track. In others the ruling force is divided, being
partly within and partly without the ranks of the people. But
nothing of the kind is to be seen in the United States ; there so-
ciety governs itself for itself. All power centres in its bosom ;
and scarcely an individual is to be meet 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 agents of the executive government ; it may al-
most be said to govern itself, so feeble and so restricted is the
share left to the administration, so little do the authorities forget
their popular origin and the power from which they emanate.o

a See Appendix, H.

'/I

CHAPTER V

NECESSITY OF EXAMINING THE CONDITION OF THE
STATES BEFORE THAT OF THE UNION AT LARGE

IT is proposed to examine in the following chapter v/hat is
the form of government established in America on the prin-
ciple of the sovereignty of the people; what are its re-
sources, its hindrances, its advantages,. and its dangers. The
first difficulty which presents itself arises from ihe complex
nature of the constitution of the United States, which consists
of two distinct soo'ul structures, connected and, as it were, en-
cased one within the other ; two governments, completely sepa-
rate and almost independent, the one fulfilling the ordinary
duties and responding to the daily and indefinite calls of a com-
munity, 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, whoso agglomeration constitutes the body of the Union.
To examine the Union before we have studied the States would
be to adopt a method filled with obstacles. The form of the
Fedt ral Government of the United States was the last which
was adopted ; and it is in fact nothing more than a modifica-
tion or a summary of those republican principles which were
current in the whole community before it existed, and inde-
pendently of its existence. Moreover, the Federal Government
is, as I have just observed, the exception ; the Government of
the States is the rule. The author who should attempt to exhibit
the picture as a whole before he had explained its details would
necessarily fall into obscurity and repetition.

The great political principles which govern American society
at this day undoubtedly took their origin and their growth in
the State. It is therefore necessary to become acquainted with
the State in order to possess a clue 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

DEMOCRACY IN AMERICA

OF THE
LARGE

;r v/hat is
1 tlic prin-
ire its re-
fers. The
3 complex
;h consists
were, en-
iitely sepa-
: ordinary
of a com-
, and only
nterests of
sovereign
he Union,
ites would
rm of the
ast which
modifica-
lich were
and inde-
)vemment
nment of
to exhibit
lils would

in society
rowth in
nted with
er. The
11 present
t of their

institutions. Their political or administrative existence is cen-
tred in three focuses of action, which may not inaptly be com-
pared to the different nervous centres which convey motion to
the liuii.'an body. The township is the lowest in order, then the
county, and lastly the State ; and I propose to devote the fol-
lowing chapter to the examination of these three divisions.

The American System of Townships and Municipal

Bodies

Why the Author begins the examination of the political institutions
with the township — Its existence in all rations — Difficulty of es-
tablishing and preserving municipal independence — Its importance
— Why the Author has selected the township system of New Eng-
land as the main topic of his discussion.

It li not undc ign< Miat I begin this subject with the
Township. The vill .r township is the only association

which is so perfectly natural that wherever a number of men
are collected it si'ems to constitute itself.

The town, or tithing, as the smallest division of a community,
must necessarily exist in all nations, whatever their laws and
customs may be : if man makes monarchies and establishes re-
publics, the first association of mankind seems constituted by
the hand of God. But although the existence of the township
is coeval with that of man, its liberties are not the less rarely re-
spected and easily destroyed. A nation is always able to estab-
lish great political assemblies, because it habitually contains a
certain number of individuals fitted by their talents, if not by
their habits, for the direction of affairs. ' The township is, on
the contrary, composed of coarser materials, which are less
easily fashioned by the legislator. The difficulties which attend
the consolidation of its independence rather augment than di-
minish with the increasing enlightenment of the people. A
highly civilized community spurns the attempts of a local in-
dependence, is disgusted at its numerous blunders, and is apt
to despair of success before the experiment is completed. Again,
no immunities are so ill protected from the encroachments of
the supreme power as those of municipal bodies in general:
they are unable to struggle, single-handed, against a strong or
an enterprising government, and they cannot defend their cause
with success unless it be identified with the customs of the na-
tion and supported by public opinion. Thus until the inde-

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pendence of townships is amalgamated with the manners of a
people it is easily destroyed, and it is only after a long existence
in the laws that it can be thus amalg^amated. Municipal free-
dom is not the fruit of human device ; it is rarely created ; but
it is, as it were, secretly and spontaneously engendered in the
midst of a semi-barbarous state of society. The constant ac-
tion of the laws and the national habits, peculiar circumstances,
and above all time, may consolidate it ; but there is certainly no
nation on the continent of Europe which has experienced its
advantages. Nevertheless local assemblies of citizens consti-
tute the strength of free nations. Town-meetings are to liberty
what primary schools are to science; they bring it within the
people's reach, they teach men how to use and how to enjoy it.
A nation may establish a system of free government, but with-
out the spirit of municipal institutions it cannot have the spirit
of liberty. The transient passions and the interests of an hour,
or the chance of circumstances, may have created the external
forms of independence; but the despotic tendency which has
been repelled will, sooner or later, inevitably reappear on the
surface.

In order to explain to the reader the general principles on
which the political organization of the counties and townships
of the United States rests, I have thought it expedient to choose
one of the States of New England as an example, to examine
the mechanism of its constitution, and then to cast a general
glance over the country. The township and the county are not
organized in the same manner in every part of the Union ; it is,
however, easy to percdve that the same principles have guided
the formation of both of them throughout the Union. I am in-
clined to believe that these principles have been carried further
in New England than elsewhere, and consequently that they of-
fer greater facilities to the observations of a stranger. The in-
stitutions of New England form a complete and regular whole ;
they have received the sanction of time, they have the support of
the laws, and the still stronger support of the manners of the
community, over which they exercise the most prodigious in-
fluence ; they consequently deserve our attention on every ac-
count. •

■- ^ytittwufiJfM'^ Jill**

DEMOCRACY IN AMERICA

Limits of the Township

The township of New England is a division which stands
between the commune and the canton of France, and which cor-
responds in general to the English tithing, or town. Its average
population is from two to three thousand ; a so that, on the one
hand, the interests of its inhabitants are not likely to conflict,
and, on the other, men capable of conducting its affairs are al-
ways to be found among its citizens.

)' ^

Authorities of the Township in New England

The people the source of all power here as elsewhere — Manages its
own affairs — No corporation — The greater part of the authority
vested in the hands of the Selectmen — How the Selectmen act —
Town-meeting — Enumeration of the public officers of the township
— Obligatory and remunerated functions.

In the township, as well as everywhere else, the people is the
only source of power ; but in no stage of government does the
body of citizens exercise a more immediate influence. In
America the people is a master whose exigencies demand obedi-
ence to the utmost limits of possibility.

In New England the majority acts by representatives in the
conduct of the public business of the State ; but if such an ar-
rangement be necessary in general affairs, in the townships,
where the legislative and administrative action of the govern-
ment is in more immediate contact with the subject, the system
of representation is not adopted. There is no corporation ; but
the body of electors, after having designated its magistrates,
directs them in everything that exceeds the simple and ordi-
nary executive business of the State.6

This state of things is so contrary to our ideas, and so differ-
ent from our customs, that it is necessary for me to adduce
some examples to explain it thoroughly.

The public duties in the township are extremely numerous
and minutely divided, as we shall see further on ; but the larger
proportion of administrative power is vested in the hands of a

a In 1830 there were 305 townships in
the State of Massachusetts, and 610,014
inhabitants, which gives an average of
about 2,000 inhabitants to each township.

ft The same rules are not applicable to
the great towns, which generally have

a mayor, and a corporation divided into
two bodies ; this, however, is an ex-
ception which requires the sanction of

a law.— See the Act of February 22,
1822, for appointing the authorities of
the city of Boston. It frequently hap-
pens that small towns as well as cities
are subject to a peculiar administration.
In 1832, 104 townships in the State of
New York were governed in this man-
ner.— WiV/wmj' Register.

\i;

DE TOCQUEVILLE

K>«

small number of individuals, called " the Selectmen." e The
general laws of the State impose a certain number of obliga-
tions on the selectmen, which they may fulfil without the au-
thorization of the body they represent, but which they can only
neglect on their own responsibility. The law of the State
obliges them, for instance, to draw up the list of electors in
their townships ; and if they omit this part of their functions,
they are guilty of a misdemeanor. In all the affairs, however,
which are determined by the town-meeting, the selectmen are
the organs of the popular mandate, as in France the Maire exe-
cutes the decree of the municipal council. They usually act
upon their own responsibility, and merely put in practice prin-
ciples which have been previously recognized by the majority.
But if any change is to be introduced in the existing state of
things, or if they wish to undertake any new enterprise, they
are obliged to refer to the source of their power. If, for in-
stance, a school is to be established, the selectmen convoke the
whole body of the electors on a certain day at an appointed
place; they explain the urgency of the case; they give their
opinion on the means of satisfying it, on the probable expense,
and the site which seems to be most favorable. The meeting is
consulted on these several points ; it adopts the principle, marks
out the site, votes the rate, and confides the execution of its
resolution to the selectmen.

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

The selectmen are elected every year in the month of April
or of May. The town-meeting chooses at the same time a num-
ber of other municipal magistrates, who are 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 execu-
tion of the laws; the town-clerk records all the town votes.

c Three selectmen are appointed in the
small townships, and nine in t'
ones. See " The Town-Officer,' .
See also the principal laws of the State
of Massachusetts relative to the select-
men :

Act of February 20, 1786, vol. 1. p.

ted in the 219 ; February 24, 1706, vol. t. p. 488 ;
the large March 7, 1801, vol. ii. p. 45 ; June 16,
," p. 186. 179s, vol. i. p. 475 ; March 12, 1808, vol.

ii. p. i8ti ; February 28, 1787, vol. i. p.

302; June 22, 1797, vol. i. p. 539.
d See Laws of Massachusetts, vol, L

p. 150, Act of March 25, 1786.

DEMOCRACY IN AMERICA ^

orders, grants, births, deaths, and marriages; the treasurer
keeps the funds ; the overseer of the poor performs the difficult
task of superintending the action of the poor-laws ; committee-
men are appointed to attend to the schools and to public instruc-
tion ; and the road-surveyors, who take care of the greater and
lesser thoroughfares of the township, complete the list of the
principal functionaries. They are, however, still further sub-
divided; and amongst the municipal officers are to be found
parish commissioners, who audit the expenses of public wor-
ship ; different classes of inspectors, some of whom are to direct
the citizens in case of fire; tithing-men, listers, hay wards,
chimney-viewers, fence-viewers to maintain the bounds of prop-
erty, timber-measurers, and sealers of weights and measures.?

There are nineteen principal officers in a township. Every
inhabitant is constrained, on the pain of being fined, to under-
take these different functions; which, however, are almost all
paid, in order that the poorer citizens may be able to give up
their time without loss. In general the American system is not
to grant a fixed salary to its functionaries. Every service has
its price, and they are remunerated in proportion to what they
have done.

' tj

Existence of the Township

Every one the best judge of his own interest — Corollary of the principle
of the sovereignty of the people — Application of those doctrines in
the townships of America — The township of New England is sover-
eign in all tha.. concerns itself alone: subject to the State in all other
matters — Bond of the township and the State — In France the Gov-
ernment lends its agent to the Commune — In America the reverse
occurs.

I have already observed that the principle of the sovereignty
of the people governs the whole political system of the Anglo-
Americans. Every page of this book will afford new instances
of the same doctrine. In the nations by which the sovereignty
of the people is recognized every individual possesses an equal
share of power, and participates alike in the government of the
State. Every individual is, therefore, supposed to be as well
informed, as virtuous, and as strong as any of his fellow-citi-
zens. He obeys the government, not because he is inferior to

e All these magistrates actually exist :
their different functions are all detailed
in a book called " The Town-Officer,"

by Isaac Goodwin, Worcester, 1827 : and
in the " Collection of the General Laws
of Massachusetts," 3 vols., Boston, 1823.

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the authorities which conduct it, or that he is less capable than
his neighbor of governing himself, but because he acknowledges
the utility of an association with his fellow-men, and because
he knows that no such association can exist without a regulat-
ing force. If he be a subject in all that concerns the mutual rela-
tions of citizens, he is free and responsible to God alone for all \
that concerns himself. Hence arises the maxim that every one
is the best and the sole judge of his own private interest, and
that society has no right to control a man's actions, unless they
are prejudicial to the common weal, or unless the common weal
demands his co-operation. This doctrine is universally ad-
mitted in the United States. I shall hereafter examine the
general influence which it exercises on the ordinary actions of '
life ; I am now speaking of the nature of municipal bodies.

The township, taken as a whole, and in relation to the gov-
ernment of the country, may be looked upon as an individual to
whom the theory I have just alluded to is applied. Municipal
independence is therefore a natural consequence of the prin-
ciple of the sovereignty of the people in the United States : all
the American republics recognize it more or less ; but circum-
stances have peculiarly favored its growth in New England.

In this part of the Union the impulsion of political activity
was given in the townships; and it may almost be said that
each of them originally formed an independent nation. When
the Kings of England asserted their supremacy, they were con-
tented to assume the central power of the State. The town-
ships of New England remained as they were before ; and al-
though they are now subject to the State, they were at first
scarcely dependent upon it. It is important to remember that
they have not been invested with privileges, but that they have,
on the contrary, forfeited a portion of their independence to tht
State. The townships are only subordinate to the State in
those interests which I shall term social, as they are common
to all the citizens. They are independent in all that concerns
themselves; and amongst the inhabitants of New England I
believe that not a man is to be found who would acknowledge
that the State has any right to interfere in their local interests.
The towns of New England buy and sell, sue or are sued, aug-
ment or diminish their rates, without the slightest opposition on
the part of the administrative authority of the State.

They are bound, however, to comply with the demands of the

DEMOCRACY IN AMERICA

community. If the State is in need of money, a town can
neither give nor withhold the supplies. If the State projects
a road, the township cannot refuse to let it cross its territory ;
if a police regulation is made by the State, it must be enforced
by the town. A uniform system of instruction is organized all
over the country, and every town is bound to establish the
schools which the law ordains. In speaking of the administra-
tion of the United States I shall have occasion to point out the
means by which the townships are compelled to obey in these
different cases: I here merely show the existence of the obliga-
tion. Strict as this obligation is, the government of the State
imposes it in principle only, and in its performance the town-
ship resumes all its independent rights. Thus, taxes are voted
by the State, but they are levied and collected by the township ;
the existence of a school is obligatory, but the township builds,
pays, and superintends it. In France the State-collector re-
ceives the local imposts ; in America the town-collector receives
the taxes of the State. Thus the French Government lends its
agents to the commune ; in America the township is the agent
of the Government. This fact alone shows the extent of the
differences which exist between the two nations.

/
#

the

Public Spirit of the Townships of New England

How the township of New England wins the affections of its inhabi-
tants — Difficulty of creating local public spirit in Europe — The
rights and duties of the American township favorable to it — Char-
acteristics of home in the United States — Manifestations of public
spirit in New England — Its happy effects.

In America, not only do municipal bodies exist, but they
are kept alive and supported by public spirit. The township
of New England possesses two advantages which infallibly V
secure the attentive interest of mankind, namely, independence y
and authority. Its sphere is indeed small and limited, but
within that sphere its action is unrestrained ; and its independ-
ence gives to it a real importance which its extent and popula-
tion may not always ensure.

It is to be remembered that the affections of men generally
lie on the side of authority. Patriotism is not durable in a con-
quered nation. The New Englander is attached to his town-
ship, not only because he was born in it, but because it con-
VoL. I.— 5

DE TOCQUEVILLE

stitutes a social body of which he is a member, and whose
government claims and deserves the exercise of his sagacity.
In Europe the absence of local public spirit is a frequent sub-
ject of regret to those who are in power; every one agrees
that there is no surer guarantee of order and tranquillity, and
yet nothing is more difficult to create. If the municipal bodies
were made powerful and independent, the authorities of the
nation might be disunited and the peace of the country endan-
gered. Yet, without power and independence, a town may
contain good subjects, but it can have no active citizens. An-
other important fact is that the township of New England is so
constituted as to excite the warmest of human affections, with-
out arousing the ambitious passions of the heart of man. The
officers of the county are not elected, and their authority is very
limited. Even the State is only a second-rate community,
whose tranquil and obscure administration offers no induce-
ment sufficient to draw men away from the circle of their in-
terests into the turmoil of public affairs. The federal govern-
ment confers power and honor on the men who conduct it;
but these individuals can never be very numerous. The high
station of the Presidency can only be reached at an advanced
period of life, and the other federal functionaries are generally
men who have been favored by fortune, or distinguished in
some other career. Such cannot be the permanent aim of the
ambitious. But the township serves as a centre for the desire
of public esteem, the want of exciting interests, and the taste
for authority and popularity, in the midst of the ordinary rela-
tions of life ; and the passions which commonly embroil society
change their character when they find a vent so near the do-
mestic hearth and the family circle.

In the American States power has been disseminated with
admirable skill for the purpose of interesting the greatest pos-
sible number of persons in the common weal. Independently
of the electors who are from time to time called into action, the
body politic is divided into innumerable functionaries and offi-
cers, who all, in their several spheres, represent the same power-
ful whole in whose name they act. The local administration
thus affords an unfailing source of profit and interest to a vast
number of individuals.

The American system, which divides the local authority
fimong so n\^ny citizens, does not scruple to multiply the func-

mtBsaanMim

DEMOCRACY IN AMERICA ^|

tions of the town officers. For in the United States it is be-
Heved, and with truth, that patriotism is a kind of devotion
which is strengthened by ritual observance. In this manner
the activity of the township is continually perceptible ; it is daily
manifested in the fulfilment of a duty or the exercise of a right,
and a constant though gentle motion is thus kept up in society
which animates without disturbing it.

The American attaches himself to his home as the moun-
taineer clings to his hills, because the characteristic features of
his country are there more distinctly marked than elsewhere.
The existence of the townships of New England is in general
a happy one. Their government is suited to their tastes, and
chosen by themselves. In the midst of the profound peace and
general comfort which reign in America the commotions of
municipal discord are unfrequent. The conduct of local busi-
ness is easy. The political education of the people has long
been complete ; say rather that it was complete when the peo-
ple first set foot upon the soil. In New England no tradition
exists of a distinction of ranks ; no portion of the community
is tempted to oppress the remainder; and the abuses which
may injure isolated individuals are forgotten in the general
contentment which prevails. If the government is defective
(and it would no doubt be easy to point out its deficiencies),
the fact that it really emanates from those it governs, and that
it acts, either ill or well, casts the protecting spell of a parental
pride over its faults. No term of comparison disturbs the sat-
isfaction of the citizen : England formerly governed the mass
of the colonies, but the people vvas 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 hi? mwnship be-
cause it is independent and free : his co- operation ' n its affairs
ensures his attachment to its interest ; the well-being it affords
him secures his affection; and its welfare is the aim of his
ambition and of his future exertions : he takes a part in every
occurrence in the place ; he practises the art of government in
the small sphere within his reach; he accustoms himself to
those forms which can alone ensure the steady progress of
liberty; he imbibes their spirit; he acquires a taste for order,
comprehends the union or the balance of powers, and collects

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DE TOCQUEVILLE

clear practical notions on the nature of his duties and the ex-
tent of his rights.

The Counties of New England

The division of the counties in America has considerable
analogy with that of the arrondissements of France. The limits
of the counties are arbitrarily laid down, and the various dis-
tricts which they contain have no necessary connection, no
common tradition or natural sympathy ; their object is simply
to facilitate the administration of justice.

The extent of the township was too small to contain a system
of judicial institutions ; each county has, however, a court of
justice,' a sheriflf to execute its decrees, and a prison for crimi-
nals. There are certain wants which are felt alike by all the
townships of a county ; it is therefore, natural that they should
be satisfied by a central authority. In the State of Massachu-
setts this authority is vested in the hands of several magistrates,
who are appointed by the Governor of the State, with the
advice 8 of his council.* The officers of the county have only a
limited and occasional authority, which is applicable to certain
predetermined cases. The State and the townships possess all
the power requisite to conduct public business. The budget
of the county is drawn up by its officers, and is voted by the
legislature, but there is no assembly which directly or indi-
rectly represents the county. It has, therefore, properly speak-
ing, no political existence.

A twofold tendency may be discerned in the American con-
stitutions, which impels the legislator to centralize the legisla-
tive and to disperse the executive power. The township of
New England has in itself an indestructible element of inde-
pendence ; and this distinct existence could only be fictitiously
introduced into the county, where its utility has not been felt.
But all the townships united have but one representation, which
is the State, the centre of the national authority : beyond the
action of the township and that of the nation, nothing can be
said to exist but the influence of individual exertion.

fSee the Act of Februarjr 14, 1821,
Laws of Massachusetts, vol. i. p. 551.

g Sec the Act of Februarjr 20, 1819,
Laws of Massachusetts, vol. li. p. 494.

h The council of the Governor is an
elective body.

DE rOCRACY IN AMERICA

Administration in New England

Administration not perceived in America— Why? — The Europeans be-
lieve that liberty is promoted by depriving the social authority of
some of its rights; the Americans, by dividing its exercise — Almost
all the administration confined to the township, and divided amongst
the town-officers — No trace of an administrative body to be per-
ceived, either in the township or above it— The reason of this— How
it happens that the administration of the State is uniform — Who is
empowered to enforce the obedience of the township and the county
to the law — The introduction of judicial power into the administra-
tion — Consequence of the extension of the elective principle to all
functionaries — The Justice of the Peace in New England — By whom
appointed — County officer: ensures the administration of the town-
ships — Court of Sessions — Its action — Right of inspection and in-
dictment disseminated like the other administrative functions — In-
formers encouraged by the division of fines.

Nothing is more striking to an European traveller in the
United States than the absence of what we term the Govern-
ment, or the Administration. Written laws exist in America,
and one sees that they are daily executed ; but although every-
thing is in motion, the hand which gives the impulse to the
social machine can nowhere be discovered. Nevertheless, as all
peoples are obliged to have recourse to certain grammatical
forms, which are the foundation of human language, in order
to express their thoughts; so all communities are obliged to
secure their existence by submitting to a certain dose of author-
ity, without which they fall a prey to anarchy. This authority
may be distributed in several ways, but it must always exist
somewhere.

There are two methods of diminishing the force of authority
in a nation : The first is to weaken the supreme power in its
very principle, by forbidding or preventing society from acting
in its own defence under certain circumstances. To weaken
authority in this manner is what is generally termed in Europe
to lay the foundations of freedom. The second manner of
diminishing the influence of authority does not consist in strip-
ping society of any of its rights, nor in paralyzing its efforts,
but in distributing the exercise of its privileges in various
hands, and in multiplying functionaries, to each of whom the
degree of power necessary for him to perform his duty is en-
trusted. There may be nations whom this distribution of social
powers might lead to anarchy ; but in itself it is not anarchical.

|» DR TOCQUF.VILLE

The action of authority is indeed thus rendered less irresistible
and less perilous, hut it is not totally suppressed.

The revolution of the United States was the result of a mature
and dignified taste for freedom, and not of a vague or ill-defined
craving for independence. It contracted no alliance with the
turbulent passions of anarchy ; but its course was marked, on
the contrary, by an attachment to whatever was lawful and
orderly.

It was never assumed in the United States that the citizen
of a free country has a right to do whatever he pleases ; on the
contrary, social obligations were there imposed upon him more
various than anywhere else. No idea was ever entertained of
attacking the principles or of contesting the rights of society ;
but the exercise of its authority was divided, to the end that
the office might be powerful and the officer insignificant, and
that the community should be at once regulated and free. In
no country in the world does the law hold so absolute a lan-
guage as in America, and in no country is the right of applying
it vested in so many hands. The administrative power in the
Unit' d States presents nothing either central or hierarchical
in its constitution, which accounts for its passing, unperceived.
The power exists, but its representative is not to be perceived.

We have already seen that the independent townships of
New England protect their own private interests; and the
municipal magistrates are the persons to whom the execution
of the laws of the State is most frequently entrusted.* Besides
the general laws, the State sometimes passes general police
regulations; but more commonly the townships and town-
officers, conjointly with the justices of the peace, regulate the
minor details of social life, according to the necessities of the
different localities, and promulgate such enactments as concern
the health of the community, and the peace as well as morality
of the citizens./ Lastly, these municipal magistrates provide,
of their own accord and without any delegated powers, for

i5?ee "The Town-Officer," especially
at the words Selectmen, Assessors, Col-
lectors, Schools, Surveyors of High-
ways. I take one ex.nmple in a thou-
sand : the State prohibits travelling on
the Sunday ; the tylhinp-men, who are
town-officers, are specially charged to
keep watch and to execute the law. _ See
the Laws of Massachusetts, vol. i. p.

410.

The selectmen draw up the lists of

electors for the election of the Governor,
and transmit the result of the ballot to
the Secretary of the State. Cee Act of
February 24, 1796 : Id., vol. i. p. 488.

i Thus, for instance, the selectmen au-
thorize the construction of drains, point
out the proper sites for slaughter-houses
and other trades which are a nuisance
to the neighborhood. See the Act of
June 7, 178s : Id., vol, I. p. 193.

DEMOCRACY IN AMERICA

»1

those unforeseen emergencies which frequently occur in so-
ciety.*

It results from what we have said that in the State of Massa-
chusetts the administrative authority is almost entirely re-
stricted to the township,/ but that it is distributed among a great ^
number of individuals. In the French commune there is prop-
erly but one official functionary, namely, the Maire; and in J
New England we have seen that there are nineteen. These
nineteen functionaries do not in general depend upon one an-
other. The law carefully prescribes a circle of action to each
of these magistrates ; and within that circle they have an entire
right to perform their functions independently of any other
authority. Above the township scarcely any trace of a series
of official dignitaries is to be found. It sometimes happens,
that the county officers alter a decision of the townships or
town magistrates.tw but in general the authorities of the county
have no right to interfere with the authorities of the township,n
except in such matters as concern the county.

The magistrates of the township, as well as those of the
county, are bound to communicate their acts to the central
government in a very small number of predetermined cases.o
But the central government is not represented by an individual
whose business it is to publish police regulations and ordi-
nances enforcing the execution of the laws ; to keep up a regular
communication with the officers of the township and the
county ; to inspect their conduct, to direct their actions, or to «
reprimand their faults. There is no point which serves as a
centre to the radii of the administration.

What, then, is the uniform plan on which the government is
conducted, and how is the compliance of the counties and their

aions, and they may grant the license.
See Act of March la, 1808, vol. ii. p. 186.
The townships have the right to make
by-laws, and to enforce them by fines
which are fixed by law ; but these by-
laws must be approved by the Court of
Sessions. See Act of March

k The selectmen take measures for the
security of the public in case of con-
tagious diseases, conjointly with the
justices of the peace. See Act of June
22. 1797, vol. i. p. 530.

/ 1 say almost, for there are various
circumst.inces in the annnts of a town-
ship which are regulated by the justice
of the peace in his individual capacity,
or by the justices of the peace assembled
in the chief town of the county ; thus
licenses are granted by the justices. See
the Act of February 28, 1787, vol. i. p.
297.

m Thus licenses are only granted to
such persons as can produce a certifi-
cate 01 good conduct from the selectmen.
If the selectmen refuse to give the certi-
ficate, the party may appeal to the jus-
tices assembled in the Court of Ses-

vol. i. p. 254,
n In M

23, 1786,

assachusetts the county magis-
trates are frequently called upon to in-
vestigate the acts of the town magis-
trates ;_ but it will be shown further on
that this investigation is a consequence,
not of their administrative, but of their
judicial power.

oThe town committees of schools are
obliged to make an annual report to the
Secretary of the State on the condition
of the school. See Act of March lo^
1827, vol. iii. p. i8j.

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magistrates or the townships and their officers enforced? In
the States of New England the legislative authority embraces
more subjects than it does in France ; the legislator penetrates
to the verv core of the administration : the law descends to the
most minute details; the same enactment prescribes the prin-
ciple and the method of its application, and thus imposes a mul-
titude of strict and rigorously defined obligations on the second-
ary functionaries of the State. Tlie consequence of this is that
if all the secondary functionaries of the administration conform
to the law, society in all its branches proceeds with the greatest
uniformity : the difficulty remains of compelling the secondary
functionaries of the administration to conform to the law. It
may be affirmed that, in general, society has only two methods
of enforcing the execution of the laws at its disposal: a dis-
cretionary power may be entrusted to a superior functionary of
directing all the others, and of cashiering them in case of dis-
obedience ; or the courts of justice may be authorized to inflict
judicial penalties on the offender: but these two methods are
not always available.

The right of directing a civil officer presupposes that of
cashiering him if he does not obey orders, and of rewarding
him by promotion if he fulfils his duties with propriety. But an
elected magistrate can neither be cashiered nor promoted. All
elective functions are inalienable until their term is expired. In
fact, the elected magistrate has nothing either to expect or to
fear from his constituents ; and when all public offices are filled
by ballot there can be no series of official dignities, because the
double right of commanding and of enforcing obedience can
never be vested in the same individual, and because the power
of issuing an order can never be joined to that of inflicting a
punishment or bestowing a reward.

The communities therefore in which the secondary function-
aries of the government are elected are perforce obliged to make
great use of judicial penalties as a means of administration.
This is not evident at first sight ; for those in power are apt to
look upon the institution of elective functionaries as one con-
cession, and the subjection of the elected magistrate to the
judges of the land as another. They are equally averse to both
these innovations ; and as they are more pressingly solicited to
grant the former than the latter, they accede to the election of
the magistrate, and leave him independent of the judicial power.

DEMOCRACY IN AMERICA

Nevertheless, the second of these measures is the only thing that
can possibly counterbalance the first ; and it will be found that
an elective authority which is not subject to judicial power wil!,
sooner or later, either elude all control or be destroyed. The
courts of justice are the only possible medium between the cen-
tral power and the administrative bodies ; they alone can com-
pel the elected functionary to obey, without violating the rights
of the elector. The extension of judicial power in the political
world ought therefore to be in the exact ratio of the extension of
elective offices : if these two institutions do not go hand in hand,
the State must fall into anarchy or into subjection.

It has always been remarked that habits of legal business
do not render men apt to the exercise of administrative author-
ity. The Americans have borrowed from the English, their
fathers, the idea of an institution which is unknown upon the
continent of Europe: I allude to that of the Justices of the
Peace. The Justice of the Peace is a sort of mezzo termine be-
tween the magistrate and the man of the world, between the civil
officer and the judge. A justice of the peace is a well-informed
citizen, though he is not necessarily versed in the knowledge
of the laws. His office simply obliges him to execute the police
regulations of society ; a task in which good sense and integrity
are of more avail than legal science. The justice introduces
into the administration a certain taste for established forms and
publicity, which renders him a most unserviceable instrument of
despotism ; and, on the other hand, he is not blinded by those
superstitions which render legal officers unfit members of a
government. The Americans have adopted the system of the
English justices of the peace, but they have deprived it of that
aristocratic character which is discernible in the mother-coun-
try. Thfe Governor of Massachusetts/" appoints a certain num-
ber of justices of the peace in every county, whose functions
last seven years.9 He further designates three individuals from
amongst the whole body of justices who form in each county
what is called the Court of Sessions. The justices take a per-
sonal share in public business; they are sometimes entrusted
with administrative functions in conjunction with elected of-
ficers/ they sometimes constitute a tribunal, before which the

^We shall
Governor is

hereafter learn what a
I shall content myself

with remarking in this place that he rep-
resents the executive power of the whole
State.

<7 See the Constitution of Massachu-
setts, chap. II. sect. i. 5 g; chap. III.
8 3-

r Thus, for example, a stranfrer ar-
rives in a township from a country

DE TOCQUEVILLE

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magistrates summarily prosecute a refractory citizen, or the
citizens inform against the abuses of the magistrate. But it is
in the Court of Sessions that they exercise their most important
functions. This court meets twice a year in the county town ;
in Massachusetts it is empowered to enforce the obedience of the
greater number s of public officers.* It must be observed, that in
the State of Massachusetts the Court of Sessions is at the same
time an administrative body, properly so-called, and a political
tribunal. It has been asserted that the county is a purely ad-
ministrative division. The Court of Sessions presides over that
small number of affairs which, as they concern several town-
ships, or all the townships of the county in common, cannot
be entrusted to any one of them in particular." In all that con-
cerns county business the duties of the Court of Sessions are
purely administrative ; and if in its investigations it occasionally
borrows the forms of judicial procedure, it is only with a view
to its own information.^ or as a guarantee to the community
over which it presides. But when the administration of the
township is brought before it, it always acts as a judicial body,
and in some few cases as an official assembly.

The first difficulty 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 are annually named
by the town-meetings to levy the taxes. If a township attempts
to evade the payment of the taxes by neglecting to name
its assessors, the Court of Sessions condemns it to a heavy
penalty .w The fine is levied on each of the inhabitants; and
the sheriff of the county, who is the officer of justice, executes
the mandate. Thus it is that in the United States the authority
of the Government is mysteriously concealed under the forms

where a contagious disease prevails, and
he falls ill. Two justices of the peace
can, with the assent of the selectmen,
order the sheriff of the county to remove
and take care of him. — Act of June 22,
1797, vol. i. p. 540.

In general the justices interfere in
all the important acts of the adminis-
tration, and give them a semi-judicial
character.

J I say the greater number, because
certain administrative misdemeanors
are brought before ordinary tribunals.
If, for instance, a township refuses to
make the necessary expenditure for its
schools or to name a school-committee,
it is liable to a heavy fine. Rut this
penalty is pronounced by the Supreme
Judicial Court or the Court of Common
Fleas. See Act of March 10, 1827, Laws

of Massachusetts, vol. iii. p. 190. Or
when a township neglects to provide the
necessary war-stores. — Act of February
21, 1822 : Id., vol. ii. p. 570.

t In their individual capacity the jus-
tices of the peace take a part in the bus-
iness of the counties and townships.

u These affairs may be brought under
the following heads: — i. The erection of
prisons and courts of justice. 2. The
county budget, which is afterwards
voted by the State. 3. The distribution
of the taxes so voted. 4. Grants of cer-
tain patents. 5. The laying down and
repairs of the country roads.

V Thus, when a road is under consid-
eration, almost all difficulties are dis-
posed of by the aid of the jury.

w See Act of February 20, 1786, Laws
of Massachusetts, vol. i. p. 217.

DEMOCRACY IN AMERICA

of a judicial sentence; and its influence is at the same time
fortified by that irresistible power with which men have invested
the formalities of law.

These proceedings are easy to follow and to understand. The
demands made upon a township are in general plain and accu-
rately defined ; they consist in a simple fact without any com-
plication, or in a principle without its application in detail.*"
But the difficulty increases when it is not the obedience of the
township, but that of the town officers which is to be enforced.
All the reprehensible actions of which a public functionary may
be guilty are reducible to the following heads :

He may execute the law without energy or zeal ;

He may neglect 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
cognizance of a tribunal; a positive and appreciable fact is
the indispensable foundation of an action at law. Thus, if
the selectmen omit to fulfil the legal formalities usual at town
elections, they may be condemned to pay a fine ; y but when the
public officer performs his duty without ability, and when he
obeys the letter of the law without zeal or energy, he is at least
beyond the reach of judicial interference. The Court of Ses-
sions, even when it is invested with its official powers, is in this
case unable to compel him to a more satisfactory obedience.
The fear of removal is the only check to these quasi-oflFences ;
and as the Court of Sessions does not originate the town author-
ities, it cannot remove functionaries whom it does not appoint.
Moreover, a perpetual investigation would be necessary to con-
vict the officer of negligence or lukewarmness ; and the Court
of Sessions sits but twice a year and then only judges such
offences as are brought before its notice. The only security
of that active and enlightened obedience which a court of jus-
tice 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.

the Court of Sessions, he is sure to em-
ploy the extraordinary right which the
law

*■ There is an indirect method of en-
forcing the obedience of a township.
Suppose that the funds which the law
demands for the maintenance of the
roads have not been voted, the town sur-
veyor is then authorized, ex officio, to
levy the supplies. As he is personally
responsible to private individuals for the
state of the roads, and indictable before

law gives him against the township.
Thus by threatening the officer the
Court of Sessions exacts compliance
from the town. See Act of March 5,
1787. Id., vol. i. p. 305- . ..

y Laws of Massachusetts, vol. it. p. 45.

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DE TOCQUEVILLE

Thus, to recapitulate in a few words what I have been show-
ing: If a pubHc officer in New England commits 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 official capacity, a purely administrative tribunal
is empowered to punish 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 intangible
offences of which human justice has no cognizance, he annually
appears before a tribunal from which there is no appeal, which
can at once reduce him to insignificance and deprive him of his
charge. This system undoubtedly possesses great advantages,
but its execution is attended with a practical difficulty which it
is important to point out.

I have already observed that the administrative tribunal,
which is called the Court of Sessions, has no right of inspection
over the town officers. It can only interfere when the conduct
of a magistrate is specially brought under its notice ; and this
is the delicate part of the system. The Americans of New
England are unacquainted with the office of public prosecutor
in the Court of Sessions,o and it may readily be perceived that
it could not have been established without difficulty. If an
accusing magistrate had merely been appointed in the chief
town of each county, and if he had been unassisted by agents
in the townships, he would not have been better acquainted with
what was going on in the county than the members of the Court
of Sessions. But to appoint agents in each township would
have been to centre in his person the most formidable of powers,
that of a judicial administration. Moreover, laws are the chil-
dren of habit, and nothing of the kind exists in the legislation
of England. The Americans have therefore divided the offices
of inspection and of prosecution, as well as all the other func-
tions of the administration. Grand jurors are bound by the
law to apprise the court to which they belong of all the mis-
demeanors which may have been committed in their county.^
There are certain great offences which are officially prosecuted

s If, for instance, a township persists
in refusini; to name its assessors, the
Court of Sessions nominates them ; and
the magistrates thus appointed are in-
vested with the same authority as elected
ofiicers. See the Act quoted above,
February 20, 1787.

a I say the Court of Sessions, because

in common courts there is a maeistrate
who exercises some of the functions of
a public prosecutor.

&The grand-jurors arc, for instance,
bound to inform the court of the bad
state of the roads. — Laws of Massachu-
setts, vol. i. p. 308.

DEMOCRACY IN AMERICA

by the States ; c but more frequently the task of punishing de-
linquents devolves upon the fiscal officer, whose province it is
to receive the fine : thus the treasurer of the township is charged
with the prosecution of such administrative otfences as fall
under his notice. But a more special appeal is made by Ameri-
can legislation to the private interest of the citizen ; d and this
great principle is constantly to be met with in studying the laws
of the United States. American legislators are more apt to
give men credit for intelligence than for honesty, and they rely
not a little on personal cupidity for the execution of the laws.
When an individual is really and sensibly injured by an admin-
istrative abuse, it is natural that his personal interest should
induce him to prosecute. But if a legal formality be required,
which, however advantageous to the community, is of small
importance to individuals, plaintiffs may be less easily found;
and thus, by a tacit agreement, the laws may fall into disuse.
Reduced by their system to this extremity, the Americans are
obliged to encourage informers by bestowing on them a portion
of the penalty in certain cases,^ and to insure the execution
of the laws by the dangerous expedient of degrading the morals
of the people. The only administrative authority above the
county magistrates is, properly speaking, that of the Govern-
ment.

ince,
bad

General Remarks on the Administration of the

United States

Differences of the States of the Union in their system of administra-
tion — Activity and perfection of the local authorities decrease to-
wards the South — Power of the magistrate increases ; that of the elec-
tor diminishes — Administration passes from the township to the
county — States of New York, Ohio, Pennsylvania — Principles of
administration applicable to the whole Union — Election of public
officers, and inalienability of their functions — Absence of gradation
of ranks — Introduction of judicial resources into the administration.

I have already premised that, after having examined the
constitution of the township and the county of New England

c If, for instance, the treasurer of the
county holds back his accounts. — Laws
of Massachusetts, vol. i. p. 406.

d Thus, if a private individual breaks
down or is wounded in consequence of
the badness of a road, he can sue the
township or the county for damages at
the sessions. — Laws of Massachusetts,
vol. i. p. 309.

c In cases of invasion or insurrection,
if the town-officers neglect to furnish

the necessary stores and ammunition for
the militia, the township may be con-
demned to a fine of from $200 to $soo.
It may readily be imagined that in such
a case it might happen that no one cared
to prosecute ; hence the law adds that
all the citizens mav indict offences of
this kind, and that half of the fine shall
belong to the plaintiff. See Act of
March 6, 1810, vol. ii. p. 236. The same
clause is frequently to be met with in

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DE TOCQUEVILLE

in detail, I should take a general view of the remainder of the
Union. Townships and a local activity exist in every State;
but in no part of the confederation is a township to be met with
precisely similar to those of New England. The more we de-
scend towards the South, the less active does the business of
the township or parish become ; the number of magistrates, of
functions, and of rights decreases; the population exercises
a less immediate influence on affairs; town meetings are less
frequent, and the subjects of debate less numerous. The power
of the elected magistrate is augmented and that of the elector
diminished, whilst the public spirit of the local communities
is less awakened and less influential./^ These differences may
be perceived to a certain extent in the State of New York;
they are very sensible in Pennsylvania; but they become less
striking as we advance to the northwest. The majority of the
emigrants who settle in the northwestern States are natives
of New England, and they carry the habits of their mother
country with them into that which they adopt. A township in
Ohio is by no means dissimilar from a township in Massachu-
setts.

We have seen that in Massachusetts the mainspring of public
administration lies in the township. It forms the common
centre of the interests and affections of the citizens. But this
ceases to be the case as we descend to States in which knowledge
is less generally diffused, and where the township consequently
offers fewer guarantees of a wise and active administration.
As we leave New England, therefore, we find that the impor-
tance of the town is gradually transferred to the county, which
becomes the centre of administration, and the intermediate
power between the Government and the citizen. In Massachu-
setts the business of the county is conducted by the Court of
Sessions, which is composed of a quorum named by the Gov-
ernor and his council; but the county has no representative

and Privileges of

[}'\

the law of Massachusetts. Not only are
private individuals thus incited to prose-
cute the public officers, but the public
officers are encouraged in the same man-
ner to bring the disobedience of private
individuals to justice. If a citizen re-
fuses to perform the work which has
been assigned to him upon a road, the
road surveyor may prosecute him, and
he receives half the penalty for himself.
See the Laws above quoted, vol. i. p.
308.

f For details see the Revised Statutes
of the State of New York, part i. chap,
xi. vol. i. pp. 33<!-364i entitled, " Of the

Powers, Duties,
Towns.''

See in the Digest of the Laws of Penn-
sylvania, the words Assessors, Collec-
tor, Constables, Overseer of the Poor,
Supervisors of Highways ; and in the
Acts of a general nature of the State
of Ohio, the Act of February as, jSm,
relating to townships, p. 412 ; besides
the peculiar dispositions relating to
divers town-officers, such as Town-
ship's Clerk, Trustees, Overseers of the
Poor, Fence Viewers, Appraisers of
Property. Township's Treasurer, Con-
stables, Supervisors of Highways.

I \

DEMOCRACY IN AMERICA

assembly, and its expenditure is voted by the national legis-
lature. In the great State of New York, on the contrary, and
in those of Ohio and Pennsylvania, the inhabitants of each
county choose a certain number of representatives, who con-
stitute the assembly of the county .g The county assembly has
the right of taxing the inhabitants to a certain extent ; and in
this respect it enjoys the privileges of a real legislative body :
at the same time it exercises an executive power in the county,
frequently directs the administration of the townships, and
restricts their authority within much narrower bounds than in
Massachusetts.

Such are the principal differences which the systems of
county and town administration present in the Federal States.
Were it my intention to examine the provisions of American
law minutely, I should have to point out still further diflferences
in the executive details of the several conmiunities. But what
I have already said may suffice to show the general principles
on which the administration of the United States rests. These
principles are differently applied ; their consequences are more
or less numerous in various localities ; but they are always sub-
stantially the same. The laws differ, and their outward feat-
ures 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 everyone is the best judge of what concerns him- ^
self alone, and the most proper person to supply his private
wants. The township and the county are therefore bound to
take care of their special interests: the State governs, but it
does not interfere with their administration. Exceptions to
this rule may be met with, but not a contrary principle.

The first consequence of this doctrine has been to cause all
the magistrates to be chosen either by or at least from amongst
the citizens. As the officers are everywhere elected or ap-
pointed 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

g See the Revised Statutes of the
State of New York, part i. chap. xi. vol.
i. p. 340. Id. chap. xii. p. 366; also in
the Acts of the State of Ohio, an act re-
lating to county commissioners, Febru-
ary i§, 1824, p. 263, 3i;e the Digest

of the Laws of Pennsylvania, at the
words County-rates and Levies, p. 170.
In the State of New York each town-
ship elects a rei^resentative, who has a
share in the administration of the county
M VtM as in that of the township.

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DE TOCQUEVILLE

the executive power is disseminated in a multitude of hands.
Hence arose the indispensable necessity of introducing the con-
trol 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 officers, or of
performing the part of the executive in urgent cases, has not,
however, been bestowed on the same judges in all the States.
The Anglo-Americans derived the institution of justices of the
peace from a common source; but although it exists in all
the States, it is not always turned to the same use. The jus-
tices of the peace everywhere participate in the administration
of the townships and the counties,/* either as puWic officers or
as the judges of public misdemeanors, but in most of the States
the more important classes of public offences come under the
cognizance of the ordinary tribunals.

The election of public officers, or the inalienability of their
functions, the absence of a gradation of 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 government
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 deci-
sion of affairs./ In the State of New York judicial penalties

h In some of the Southern States the
county courts are charfjed with all the
details of the administration. See the
Statutes of the State of Tennessee, arts.
Judiciary, Taxes, etc.

t For instance, the direction of public
instruction centres in the hands of the
Government. The legislature names the
members of the University, who are de-
nominated Regents ; the Governor and
Lieutentant-Governor of the State are
necessarily of the number.— Revised
Statutes, vol. i. p. 455. The Regents of
the University annually visit the col-
leges and academies, and make their re-
port to the 1.- -islature. Their superin-
te'idence is i.ot inefficient, for several
.easons : the colleges in order to be-
come corporations stand in need of a
charter, which is only granted on the
recommendation of the Regents ; every
year funds are distributed by the State

for the encouragement of learning, and
the Regents are the distributors of this
money. Sec chap. xv. " Public Instruc-
tion, Revised Statutes, vol. i. p. 4^5.

The school-commissioners are obliged
to send an annual report to the Superin-
tendent of the Republic— /rf. p. 488.

A similar report is annually made to
the same person on the number and
condition of the poor. — Id. p. 631.

/ If any one conceives himself to be
wronged by the school-commissioners
(who are town-officers), he can appeal
to the superintendent of the primary
schools, whose decision is final.— Re-
vised Statutes, vol. i. p. 487.

Provisions similar to those above
cited are to be met with from time
to time in the laws of the State of New
York; hut in general these attempts at
centralization are weak and unproduc-
tive. The great authorities of the State

DEMOCRACY IN AMERICA

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 tendency is faintly observ-
able in some other States ; ' but in general the prominent feat-
ure of the administration in the United States is its excessive
local independence.

Of THE State

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

Legislative Power of the State

Division of the Legislative Body into two Houses — Senate — House of
Representatives — Different 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 sometimes be-
comes 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
functionaries that it most commonly assumes an executive
power. It partakes of judicial power in the trial of certain po-
litical offences, and sometimes also in the decision of certain
civil cases." The number of its members is always small. The

k Thus the district-attorney is directed
to recover all fines below the sum of
fifty dollars, unless such a riRht has
been specially awarded to another mag-
istmte.— Revised Statutes, vol. i. p. 383.

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

in In Massachusetts the Senate is not
invested with any administrative func-
tions.

» As in the State of New York.

have the right of watching and con-
trolling the subordinate agents, without
that of rewarding or punishing them.
The same individual is never empowered
to give an order and to punish diso-
bedience ; he has therefore the right
of commanding;, without the means of
exacting compliance. In 1830 the Super-
intendent of Schools complained in his
Annual Report addressed to the legis-
lature that several school-commissioners
had neglected, notwithstanding his ap«
plication, to furnish him with the ac-
counts which were due. He added that
if this omission continued he should
be obliged to prosecute them, as the law
directs, before the proper tribunals.

Vol. I.— 6

DE TOCQUEVILLE

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other branch of the legislature, which is usually called the
House of Representatives, has no share whatever in the ad-
ministration, and only takes a part in the judicial power inas-
much as it impeaches public functionaries before the Senate.
The members of the two Houses are nearly everywhere subject
to the same conditions of election. They are chosen in the
same manner, and by the same citizens. The only difference
which exists between them is, that the term for which the
Senate is chosen is in general longer than that of the House
of Representatives. The latter seldom remain in office longer
than a year; the former usually sit two or three years. By
granting to the senators the privilege of being chosen for sev-
eral years, and being renewed seriatim, the law takes care to
preserve in the legislative body a nucleus of men already ac-
customed to public business, and capable of exercising a salu-
tary 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
hereditary 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 Ameri-
cans that if these are its only advantages, the division of the
legislative power is still a principle of the greatest necessity.
Pennsylvania was the only one of the United States which at
first attempted to establish a single House of Assembly, and
Franklin himself was so far carried away by the necessary con-
sequences of the principle of the sovereignty of the people as
to have concurred in the measure ; but the Pennsylvanians were
soon obliged to change the law, and to create two Houses.
Thus the principle of the division of the legislative power was
finally established, and its necessity may henceforward be re-
garded as a demonstrated truth. This theory, which was near-
ly unknown to the republics of antiquity — which was introduced
into the world almost by accident, like so many other great

DEMOCRACY IN AMERICA

truths — and misunderstood by several modern nations, is at
length become an axiom in the political science of the present
age.

The Executive Power of the State

Office of Governor in an American State — The place he occupies in re-
lation to the Legislature— His rights and his duties— His depen-
dence 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 por-
tion of its rights. The supreme magistrate, under the title of
Governor, is the official moderator and counsellor of the legis-
lature. He is armed with a veto or suspensive power, which
allows him to stop, or at least to retard, its movements at pleas-
ure. He lays the wants of the country before the legislative
body, and points out the means which he thinks may be usefully
employed in providing for them ; he is the natural executor of
its decrees in all the undertakings which interest the nation at
large.o 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 com-
mander of the militia, and head of the armed force. When the
authority, which is by general consent awarded to the laws, is
disregarded, the Governor puts himself at the head of the
armed force of the State, to quell resistance, and to restore or-
der. 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 cancel./' 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 upon the majority who re-
turned 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 special agents to superintend the
execution of it.

P In some of the States the justices of
the peace are not elected by the Gover-
nor.

DE TOCQUliVILLE

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Political Ekfkcts oi- the System of Local Administra-
tion IN TMK United States

Necessary distinction between the general centralization of Govern-
ment and the centralization of the local administration — Local ad-
ministration not centralized in the United States: great general
centralization of the Government — Some bad consequences result-
ing to the United States from the local administration — Adminis-
trative advantages attending this 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 propor-
tion as the social condition becomes more democratic — Reason of
this.

Centralization is become a word of general and daily use,
without any precise meaning being attached to it. Neverthe-
less, there exist two distinct kinds of centralization, which it is
necessary to discriminate with accuracy. Certain interests are
connnon 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 vested in the same persons, it constitutes a central
government. In like manner the power of directing partial or
local interests, when brought together into one place, consti-
tutes 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 with-
in the province of each of them, they may easily be distin-
guished. It is evident that a central government acquires im-
mense power when united to administrative centralization.
Thus combined, it accustoms men to set their own will habitu-
ally and completely aside ; to submit, not only for once, or upon
one point, but in every respect, and at all times. Not only,
therefore, does this union of power subdue them compulsorily,
but it aflfects them in the ordinary habits of life, and influences
each individual, first separately and then collectively.

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

DEMOCRACY IN AMF-RICA

nient than that which existed in Franct- under Louis XIV.;
when the same inchvifhial was the author and the interpreter
of the laws, and the representative of France at home and
abroad, he was justified in ;isserting that the State was identified
with his person. Nevertheless, the administration was much
less centralized under i mis 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 nf 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 ensure a victory in the hour of strife, but it gradually
relaxes the sinews of strength. It may contribute admirably
to the transient greatness of a man, but it cannot ensure the
durable prosperity of a nation.

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
was never able to enforce obedience to its general laws, because
the several members of that great body always claimed the
right, or found the means, of refusing their co-operation to the
representatives of the common authority, even in the affairs
which concerned the mass of the people ; in other words, be-
cause there was no centralization of government. The same
remark is applicable to the Middle Ages ; the cause of all the
confusion of feudal society was that the control, not only of
local but of general interests, was divided amongst a thousand
hands, and broken up in a thousand different ways; the ab-
sence 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.

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DE TOCQUEVILLE

Local authority has been carried to lengths which no European
nation could endure without great inconvenience, and which
has even produced some disadvantageous consequences 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 nations of Europe. Not only is there but one legis-
lative body in each State; not only does there exist but one
source of political authority ; but district assemblies and county
courts have not in general been multiplied, lest they should be
tempted to exceed their administrative duties, and interfere
with the Government. In America the legislature of each State
is supreme; nothing can impede its authority; neither priv-
ileges, nor local immunities, nor personal influence, nor even
the empire of reason, since it represents that majority which
claims to be the sole organ of reason. Its own determination
is, therefore, the only limit to this action. In juxtaposition to
it, and under its immediate control, is the representative of the
executive power, whose duty it is to constrain the refractory
to submit by superior force. The only symptom of weakness
lies in certain details of the action of the Government. The
American republics have no standing armies to intimidate a dis-
contented minority ; but as no minority has as yet been reduced
to declare open war, the necessity of an army has not been felt.?
The State usually employs the officers of the township or the
county to deal with the citizens. Thus, for instance, in New
England, the assessor fixes the rate of taxes ; the collector re-
ceives them ; the town-treasurer transmits the amount to the
public treasury ; and the disputes which may arise are brought
before the ordinary courts of justice. This method of collect-
ing taxes is slow as well as inconvenient, and it would prove a
perpetual hindrance to a Government whose pecuniary de-
mands were large. It is desirable that, in whatever materially
affects its existence, the Government should be served by offi-
•cers of its own, appointed by itself, removable at pleasure, and
accustomed to rapid methods of proceeding. But it will al-
ways be easy for the central government, organized as it is in

q [The Civil War of 1860-65 cruelly be-
lied this statement, and in the course of
the struggle the North alone called two
millions and a half of men to arms; but
to the honor of the United States it must

be added that, wtththe cessation of the
contest, this army disappeared as rapidly
as it had been raised.— TVan^/atort
Note.1

DEMOCRACY IN AMERICA

America, to introduce new and more efficacious modes of action,
proportioned to its wants.

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

The system of local administration produces several different
effects in America. The Americans seem to me to have out-
stepped the limits 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 appearance
of disorder which prevails on the surface leads him at first to
imagine that society is in a state of anarchy ; nor does he per-
ceive his mistake till he has gone deeper into the subject. Cer-
tain undertakings are of importance to the whole State; but
they cannot be put in execution, because there is no national ^
administration to direct them. Abandoned to the exertions of
the towns or counties, under the care of elected or temporary
agents, they lead to no result, or at least to no durable benefit.

The partisans of centralization in Europe are wont to main-

rThe authority which represents the
State ought not, I think, to waive the
right of inspecting the local administra-
tion, 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
country, to prosecute the misdemeanors
of the town and county officers, would

not a more uniform order be the result,
without in any way compromising the
independence of the township? Nothing
of the kind, however, exists in America :
there is nothing above the county-
courts, v/hich have, as it were, only an
incidental cognizance of the offences
they are meant to repress.

IV .

H • M

DE TOCQUEVILLE

tain that the Government directs the affairs of each locality
better than the citizens could do it for themselves ; this may
be true when the central power is enlightened, and when the
local districts are ignorant ; when it is as alert as they are slow ;
when it is accustomed to act, and they to obey. Indeed, it
is evident that this double tendency must augment with the
increase of centralization, and that the readiness of the one and
the incapacity of the others must become more and more prom-
inent. But I deny that such is the case when the people is as
enlightened, as awake to its interests, and as accustomed to re-
flect on them, as the Americans are. I am persuaded, on the
contrary, that in this case the collective strength of the citi-
zens will always conduce more efficaciously to the public wel-
fare than the authority of the Government, It is difficult to
point out with certainty the means of arousing a sleeping popu-
lation, and of giving it passions and knowledge which it does
not possess ; it is, I am well aware, an arduous task to persuade
men to busy themselves about their own affairs ; and it would
frequently be easier to interest them in the punctilios of court
etiquette than in the repairs of their common dwelling. But
whenever a central administration affects to supersede the per-
sons most interested, I am inclined to suppose that it is either
misled or desirous to mislead. However enlightened and how-
ever skilful a central power may be, it cannot of itself embrace
all the details of the existence of a great nation. Such vig-
ilance exceeds the powers of man. And when it attempts to
create and set in motion so many complicated springs, it must
submit to a very imperfect result, or consume itself in bootless
efforts.

Centralization succeeds more easily, indeed, in subjecting the
external actions of men to a certain uniformity, which at least
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 business;
provides for the details of the social police with sagacity ; re-
presses the smallest disorder and the most petty misdemean-
ors ; maintains society in a status quo alike secure from improve-
ment and decline ; and perpetuates a drowsy precision in the
conduct of affairs, which is hailed by the heads of the adminis-

DEMOCRACY IN AMERICA

tration as a sign of perfect order and public tranquillity : s in
short, it excels more in prevention than in action. Its force de-
serts it when society is to be disturbed or accelerated in its
course ; and if once the co-operation of private citizens is neces-
sary to the furtherance of its measures, the secret of its impo-
tence is disclosed. Even whilst it invokes their assistance, it is
on the condition that they shall act exactly as much as the
Government chooses, and exactly in the manner it appoints.
They are to take charge of the details, without aspiring to guide
the system ; they are to work in a dark and subordinate sphere,
and only to judge the acts in which they have themselves co-
operated by their results. These, however, are not conditions
on which the alliance of the human will is to be obtained ; its
carriage must be free and its actions responsible, or (such is the
constitution of man) the citizen had rather remain a passive
spectator than a dependent actor in schemes with which he is
unacquainted.

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 indifference and neglect are to be met with, and from time
to time disgraceful blemishes are seen in complete contrast
with the surrounding civilization. Useful undertakings which
cannot succeed without perpetual attention and rigorous ex-
actitude are very frequently abandoned in the end ; for in Amer-
ica, as well as in other countries, the people is subject to sud-
den impulses and momentary exertions. The European who
is accustomed to find a functionary always at hand to interfere
with all he undertakes has some difficulty in accustoming him-
self to the complex mechanism of the administration of the
townships. In general it may be affirmed that the lesser de-
tails of the police, which render life easy and comfortable, are
neglected in America ; but that the essential guarantees of man
in society are as strong there as elsewhere. In America the
power which conducts the Government is far less regular, less
enlightened, and less learned, but an hundredfold more au-

« China appears to me to present the
most perfect instance of that species
nf \vellbein(» which a completely central
administration may furnish to the na-
tions amonR which it exists. Travellers
assure us that the Chinese have peace
without happiness, industry without im-
provement, stability witliout strength,

and public order without public moral-
ity. The condition of society is always
tolerable, never excellent, I am con-
vinced that, when China is opened to
European observation, it will be found
to contain the most perfect model of a
central administration which exists in
the universe.

DE TOCQUEVILLE

m "

■i> . 1

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 perfection of an ingenious ad-
ministration, must not be sought for in the United States ; but
it will be easy to find, on the other hand, the symptoms of a
power which, if it is somewhat barbarous, is at least robust ;
and of an existence which is checkered with accidents indeed,
but cheered at the same time by animation and effort.

Granting for an instant that the villages and counties of the
United States would be more usefully governed by a remote
authority which they had never seen than by functionaries
taken from the midst of them — admitting, for the sake of 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 Amer-
icans derive from their system would induce me to prefer it to
the contrary plan. It profits me but little, after all, that a
vigilant authority should protect the tranquillity of my pleas-
ures and constantly avert all dangers from my path, without
my care or my concern, if this same authority is the absolute
mistress of my liberty and of i.iy life, and if it so monopolizes
all the energy of existence that when it languishes everything
languishes around it, that when it sleeps everything must sleep,
that when it dies the State itself must perish.

[ '\

* A writer of talent, who, in the com-
parison which he has drawn between
the finances of France and those of the
United States, has proved that ingenuity
cannot always supply the place of a
knowledge of facts, very justly re-
proaches the Americans for the sort
of confusion which exists in the ac-
counts of the expenditure in the town-
ships; and after giving the model of
a departmental budget in France, he
adds: — "We are indebted to centrali-
zation, that admirable invention of a
great man, for the uniform order and
method which prevail alike in all the
municipal budgets, from the largest
town to the humblest commune." What-
ever may be my admiration of this
result, when I see the communes of
France, with their excellent system of
accounts, plunged into the grossest
ignorance of their true interests, and
abandoned to so incorrigible an apathy

that they seem to vegetate rather than
to live; when, on the other hand, I
observe the activity, the information,
and the spirit of enterprise which keep
society in perpetual labor, in those Am-
erican 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 wel-
fare 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 ap-
parent confusion of their accounts, the
distress of the French communes and
the perfection of their budget, may be
attributable to the same cause. At any
rate I am suspicious of a benefit which
is united to so many evils, and I am
not averse to an evil which is compen-
sated by so many benefits.

DEMOCRACY IN AMERICA

9»

In certain countries of Europe the natives consider them-
selves as a kind of settlers, indifferent to the fate of the spot
upon which they live. The greatest changes are effected 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
police of his street, the repairs of the church or of the par-
sonage ; 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 pos-
sessions, and he entertains no notions of ownership or of im-
provement. This want of interest in his own affairs goes so far
that, if his own safety or that of his children is endangered, in-
stead of trying to avert the peril, he will fold his arms, and wait
till the nation comes to his assistance. This same individual,
who has so completely sacrificed his own free will, has no nat-
ural propensity to obedience ; he cowers, it is true, before the
pettiest officer ; but he braves the law with the spirit of a con-
quered foe as soon as its superior force is removed : his oscilla-
tions between servitude and license are perpetual. When a
nation has arrived at this state it must either change its customs
and its laws or perish : the source of public virtue is dry, and,
though it may contain subjects, the race of citizens is extinct.
Such communities are a natural prey to foreign conquests, and
if they do not disappear from the scene of life, it is because they
are surrounded by other nations similar or inferior to them-
selves: 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 reminiscence of its bygone
fame, suffices to give them the impulse of self-preservation.

Nor can the prodigious exertions made by tribes in the de-
fence of a country to which they did not belong be adduced in
favor of such a system ; for it will be found that in these cases
their main incitement was religion. The permanence, the
glory, or the prosperity of the nation were become parts of their
faith, and in defending the country they inhabited they defend-
ed 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 Sultan were the triumphs of the
Mohammedan faith. In the present age they are in rapid de-

1-'

t't

DE TOCQUEVILLE

I ■■ u

1\\

cay, because their religion is departing, and despotism only
remains. Montesquieu, who attributed to absolute power an
authority peculiar to itself, did it, as I conceive, an undeserved
honor ; for despotism, taken by itself, can produce no durable
results. On close inspection we shall find that religion, and
not fear, has ever been the cause of the long-lived prosperity
of an absolute government. Whatever exertions may be made,
no true power can be founded among men which does not de-
pend upon the free union of their inclinations ; and patriotism
and religion are the only two motives in the world which can
permanently direct the whole of a body politic to one end.

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
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 administrative but the political eflfects 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 Un-
ion, and every citizen is as warmly attached to them as if they
were his own. He takes pride in the glory of his nation ; he
boasts of its success, to which he conceives himself to have
contributed, and he rejoices in the general prosperity by which
he profits. The feeling he entertains towards the State is an-
alogous 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 represents
a right. In America it may be said that no one renders obedi-
ence to man, hut 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 iruivi.iual

DEMOCRACY IN AMERICA

meditates an undertaking, however directly connected it may
be with the welfare of society, he never thinks of soliciting the
co-operation of the Government, but he publishes his plan, of-
fers to execute it himself, courts the assistance of other indi-
viduals, 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 have
done.

As the administrative authority is within the reach of the
citizens, whom it in some degree represents, it excites neither
their jealousy nor their hatred; as its resources are limited,
every one feels that he must not rely solely on its assistance.
Thus, when the administration thinks fit to interfere, it is not
abandoned to itself as in Europe ; the duties of the private 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 performs what
the most energetic central administration would be unable to
execute. It would be easy to adduce several facts in proof of
what I advance, but I had rather give only one, with which I
am more thoroughly acquainted." In America the means
which the authorities have at their disposal for the discovery of
crimes and the arrest of criminals are few. The State police
does not exist, and passports are unknown. The criminal po-
lice of the United States cannot be compared to that of France ;
the magistrates and public prosecutors are not numerous, and
the examinations of prisoners are rapid and oral. Neverthe-
less in no country does crime more rarely elude punishment.
The reason is, that every one conceives himself to be inter-
ested in furnishing evidence of the act committed, and in stop-
ping the delinquent. During my stay in the United States
I witnessed the spontaneous formation of committees for the
pursuit and prosecution of a man who had committed a great
crime in a certain county. In Europe a criminal is an unhappy
being who is struggling for his life against the ministers of
justice, whilst the population is merely a spectator of the con-
flict ; in America he is looked upon as an enemy of the human
race, and the whole of mankind is against him.

w See Appendix, I.

DE TOCQUEVILLE

n: !■

;(

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 them a first-rate
consideration. In like manner an aristocracy protects the peo-
ple from the excesses of despotism, because it always possesses
an organized power ready to resist a despot. But a democ-
racy without provincial institutions has no security against
these evils. How can a populace, unaccustomed to freedom
in small concerns, learn to use it temperately in great affairs ?
What resistance can be offered to tyranny in a country where
every private individual is impotent, and where the citizens are
united by no common tie? Those who dread the license of
the mob, and those who fear the rule of absolute power, ought
alike to desire the progressive growth of provincial liberties.

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 peo-
ple nothing is to be perceived but a mass of equal individuals
confounded together. But when the same power is already in
possession of all the attributes of the Government, it can scarce-
ly refrain from penetrating into the details of the administra-
tion, 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 de-
stroyed, were still distinguishable. These provincial institu-
tions were incoherent, ill compacted, and frequently absurd ; in
the hands of the aristocracy they had sometimes been convert-
ed into instruments of oppression. The Revolution declared
itself the enemy of royalty and of provincial institutions at the
same time; it confounded all that had preceded it — despotic
power and the checks to its abuses — in indiscriminate hatred,
and its tendency was at once to overthrow and to centralize.

DEMOCRACY IN AMERICA

This double character of the French Revolution is a fact which
has been adroitly handled by the friends of absolute power.
Can they be accused of laboring in the cause of d' • <otism
when they are defending that central administration wi. .1 was
one of the great innovations of the Revolution ?f 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 pro-
vincial liberty has been most perfectly established, and I have
listened to the opinions of different parties in those countries.
In America I met with men who secretly aspired to destroy
the democratic institutions of the Union ; in England I found
others who attacked the aristocracy openly, but I know of no
one who does not regard provincial independence as a great
benefit. In both countries I have heard a thousand different
causes assigned for the evils of the State, but the local system
was never mentioned amongst them. I have heard citizens
attribute the power and prosperity of their country to a multi-
tude of reasons, but they all placed the advantages of local in-
stitutions 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
have daily experience), they are all in error ? The only nations
which deny the utility of provincial liberties are those which
have fewest of them ; in other words, those who are unacquaint-
ed with the institution are the only persons who pass a censure
upon it.

vSee Appendix K

J!ii;;jaL

y {

CHAPTER VI

JUDICIAL POWER IN THE UNITED STATES AND ITS IN-
FLUENCE ON POLITICAL SOCIETY

The Anglo-Americanb have retained the characteristics of judicial
power which are common to all nations — They have, however, made
it a powerful political organ — How — In what the judicial system of
the Anglo-Americans differs from that of all other nations — Why the
American judges have the right of declaring the laws to be uncon-
stitutional—How they use this right — Precautions taken by the
legislator to prevejit its abuse.

I HAVE thought it essential to devote a separate chapter to
the judicial authorities of the United States, lest their
great political importance should be lessened in the read-
er's eyes by a merely incidental mention of them. Confedera-
tions have existed in other countries beside America, and re-
publics have not been established upon the shores of the New
World alone; the representative system of government has
been adopted in several States of Europe, but I am not aware
that any nation of the globe has hitherto organized a judicial
power on the principle now adopted by the ^\inencans. The
judicial organization of the United States is the institution
which a stranger has the greatest difficulty in understanding.
He hears the authority of a judge invoked in the political oc-
currences of every day, and he naturally concludes that in the
United States the judges are important political functionaries ;
nevertheless, when he examines the nature of the tribunals, they
offer nothing which is contrary to the usual habits and priv-
ileges of those bodies, and the magistrates seem to him to inter-
fere in public affairs of chance, but by a chance which recurs
every day.

When the Parliament of Paris remonstrated, or refused to
enregister an edict, or when it summoned a functionary accused
of malversation to its bar, its political influence as a judicial
body was clearly visible ; but nothing of the kind is to be seen
in the United States. The Americans have retained all the ordi-

DEMOCRACY IN AMKRICA

nary characteristics of judicial autliority, 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 rights must be contested in order to
warrant the interference of a tribunal ; and an action nuist be
brought to obtain the decision of a judge. As long, therefore,
as the law is uncontested, the judicial authority is not called
upon to discuss it, and it may exist without being perceived.
When a judge in a given case attacks a law relating to that
case, he extends the circle of his customary duties, without
however stepping beyond it; since he is in some measure
obliged to decide upon the law in order to decide the case. But
if he pronounces upon a law without resting upon a case, he
clearly steps beyond his sphere, and invades that of the legis-
lative 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-
ciple, by passing a judgment which tends to reject all the in-
ferences from that principle, and consequently to annul it, he
remains within the ordinary limits of his functions. But if he
directly attacks a general principle without having a particular
case in view, he leaves the circle in which all nations have agreed
to confine his authority, he assumes a more important, and per-
haps a more useful, influence than that of the magistrate, but
he ceases to be a representative of 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 affair. This characteristic is less general than the other
two; but, notwithstanding the exceptions, I think it may be
regarded as essential. The judicial power is by its nature de-
void of action ; it must be put in motion in order to produce
a result. When it is called upon to repress a crime, it punishes
the criminal; when a wrong is to be redressed, it is ready to
redress it; when an act requires interpretation, it is prepared
to interpret it; but it does not pursue criminals, hunt out
wrongs, oi* examine into evidence of its own accord. A judicial
functionary who should open proceedings, and usurp the cen-
sorship of the laws, would in some measure do violence to the
passive nature of his authority.

The Americans have retained these three distinguishing char-
VoL. L—J

i I

DK TOl'OUI'.VIIXF,

artcristirs of the jiiditial powrr; an Anu'rican jtulpc can only
piuiKiima' a (Urisinn wluii litijjation has arisi-ii, lii" is only
conversant with sinrial lasts, and ht' cannot act until the catisc
has Iktii duly hrouj^ht luforc the court. Mis position is tlurc-
foic pcrfirtly similar to that of the inaj^istratc of otiicr nations;
and lie is nevertheless invested with immense political p(»wer.
If the sphere of his authority and his means of action are the
same as those of other judj;es, it may he asked whence he de-
rives a power which they do not possess. The cause of this
dilTirencc lies in the simple fact that the Americans have ac-
Uiiowled^jed the rij^ht of the judj^es to found their decisions on
the constitution rather than on the laws. Tn other words, they
have left them at liherty not to apply such laws as may appear
to them to he unconstitutional.

I am aware that a similar rij^ht has heen claimed — hut claimed
in vain — hy courts of justice in other countries ; hut in America
it is recojjui/ed hy .nil authorities; and not a party, nor so
much as an individual, is found to contest it. This fact can
only he explained by the principles of the American constitu-
tion. In I'Vance the constitution is (or at least i.s suppose<l
to he) innnutahle; and the received theory is that no power
has the rij^ht of chan^inj; any j)art of it. Tn En^^land the I'ar-
liametU has an acknowledji^ed rijjht to modify the constitution;
as, therefore, the constitution may undergo perpetual chanj^es,
it does not in reality exist ; the T*arliament is at once a legis-
lative and a constituent assembly. The political theories of
America are more simple and more rational. An American con-
.stitntion is not sujiposed to be immutable as in I'Vance, nor is
it susceptible of mollification by the ordinary powers of society
as in luij^land. Tt constitutes a detached whole, which, as it
represents the determination of the whole people, is no less
biiulinj; on the lejjislator than on the private citizen, biU which
may be altered by the will of the people in predetermined cases,
accordinjj to established rules. In America the constitution
may therefore vary, but as lonp as it exists it is the origin of all
authority, and the sole vehicle of the predominatiufj; force.«

a [Tlir fifth nrticlc of the oriftinat
Conslitution of the United St.itcs prn-
vitlcs tho ttiodo in which nmcndmcnts of
the Ciinstitution ni.iy be nmde. Ainrnd-
tiifiits nuist be propcisei! by two-thinl.t
cif both Houses of Connrcss, nml ratified
by tlie I.e^•islalllrl•s of Ihree-foiirlhs of
the several Stales. I'ifleen aiiien<IiMents
of the Constitiitioit have fiecn made at

different times since 1780. the most im-
portant of which arc the Tliirleenth.
iMMirteenth, and l-^ifteentb, framed and
ratified after the Civil War. Tlie origi-
nal Constitution of the United Stales,
followed by these fifteen amendments,
is jirinted at the end of this edition.—
Translator's Note, 1874.]

UICMOCKALY IN AMI- RICA

Tt is easy to ixrciivc in what tuatiiRT tlu'sc dirfcrcnccs must
ait u\H)U ilif position and tin* rights of tlic judicial hodics in
the thiTc (ounlriis I liave citi-d. If in !•' ranee the trihinials
were authorized to (hsohey the hiwson the ground of their heinj;
o|)|)osed Ift the constitution, tlie supreme power would in fact
lie plaird in their hands, since tijey alone would have the rif^ht
of inlerpK ' in^' a constitution, the clauses of which can he modi-
fied hy iin authority, 'i'hey would therefore take the place of
the nation, and exercise as ahsolute a sway over society as the
inlnTiiit weakness of judicial power would alhjw them to do,
Undouhtedly, as the I'Vench judges are incompetent to declare
a law to he unconstitutional, the power of changing the consti-
tution is indirectly given to the legislative hody, since no legal
harrier vvt)uld ojjpose the alterations whicli it might prescrihe.
I hit it is hetter to grant the power of changing the constitution
of the i)eople 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 tRc decisions of the legis-
lative hody, sitice the Parliament which makes the laws also
makes the constitution ; and consequently a law emanating from
the three powers of the State can in no case be unconstitutional.
But neither of these remarks is applicable to America.

Tn the United States the constitution governs the legislator
as much as the private citizen ; as it is the first of laws it can-
not be modified by a law, and it is therefore just that the tribu-
nals should obey the constitution in preference to any law. This
condition is essential to the power of the judicature, for to select
that legal obligation by which he is most strictly bound is the
natural right of every magistrate.

In France the constitution is also the first of laws, and the
judges have the same right to take it as the ground of their
decisions, but were they to exercise this right they must perforce
encroach on rights more sacred than their own, namely, on those
of society, in whose name they are acting. In this case the
State-mot ic clearly prevails over the motives of an individual.
In America, where the nation can always reduce its magistrates
to obedience by changing its constitution, no danger of this kind
is to be feared. Upon this point, therefore, the i)olitical and
the logical reasons agree, and tli-: people as well as the judges
preserve their privileges.

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Whenever a law which the judge holds to be unconstitutional
is argued in a tribunal of the United States he may refuse to
admit it as a rule ; this power is the only one which is peculiar
to the American magistrate, but it gives rise to immense politi-
cal influence. Fev laws can escape the searching analysis of
the judicial power for any length of time, for there are few
which are not prejudicial to some private interest or other, and
none which may not be brought before a court of justice by the
choice of parties, or by the necessity of the case. But from the
time that a judge has refused to apply any given law in a case,
that law loses a portion of its moral cogency. The persons to
whose interests it is prejudicial learn that means exist of evad-
ing its authority, and similar suits are multiplied, until it be-
comes powerless. One of two alternatives must then be resorted
to: the people must alter the constitution, or the legislature
must repeal the law. The political power which the Americans
have intrusted to their courts of justice is therefore immense,
but the evils of this power are considerably diminished by the
obligation which has been imposed of attacking the laws through
the courts of justice alone. If the judge had been empowered
to contest the laws on the ground of theoretical generalities,
if he had been enabled to open an attack or to pass a censure
on the legislator, he would have played a prominent part in the
political sphere; and as the champion or the antagonist of a
party, he would have arrayed the hostile passions of the nation
in the conflict. But when a judge contests a law applied to
some particular case in an obscure proceeding, the importance
of his attack is concealed from the public gaze, his decision
bears upon the interest of an individual, and if the law is slighted
it is only collaterally. Moreover, although it is censured, it is
not abolished ; its moral force may be diminished, but its co-
gency is by no means suspended, and its final destruction can
only be accomplished by the reiterated attacks of judicial func-
tionaries. It will readily be understood that by connecting the
censorship of the laws with the private interests of members of
the community, and by intimately uniting the prosecution of
the law with the prosecution of an individual, legislation is pro-
tected from wanton assailants, and from the daily aggressions
of party spirit. The errors of the legislator are exposed when-
ever their evil consequences are most felt, and it is always a
poaitive and appreciable fact which serves as the basis of a
prosecution.

DEMOCRACY IN AMERICA

lOI

I am inclined to believe this practice of the American courts
to be at once the most favorable to liberty as well as to public
order. If the judge could only attack the legislator openly and
directly, he would sometimes be afraid to oppose any resistance
to his will ; and at other moments party spirit might encourage
him to brave it at every turn. The In vs would consequently
be attacked when the power from which they emanate is weak,
and obeyed when it is strong. That is to say, when it would
be useful to respect them they would be contested, and when it
would be easy to convert them into an instrument of oppression
they would be respected. But the American judge is brought
into the political arena independently of his own will. He only
judges the law because he is obliged to judge a case. The
political question which he is called upon to resolve is connected
with the interest of the suitors, and he cannot refuse to decide
it without abdicating the duties of his post. He performs his
functions as a citizen by fulfilling the precise duties which be-
long to his profession as a magistrate. It is true that upon
this system the judicial censorship which is exercised by the
courts of justice over the legislation cannot extend to all laws
indiscriminately, inasmuch as some of them can never give rise
to that exact species of contestation which is termed a lawsuit ;
and even when such a contestation is possible, it may happen
that no one cares to bring it before a court of justice. The
Americans have often felt this disadvantage, but they have left
the remedy incomplete, lest they should give it an efficacy which
might in some cases prove dangerous. Within these limits the
power vested in the American courts of justice of pronouncing
a statute to be unconstitutional forms one of the most powerful
barriers which has ever been devised against the tyranny of
political assemblies.

Other Powers Granted to American Judges

In the United States all the citizens have the right of indicting public
functionaries before the ordinary tribunals — How they use this
right — Art. 75 of the French Constitution of the An VIII — The
Americans and the English cannot understand the purport of this
clause.

It is perfectly natural that in a free country like America all
the citizens should have the right of indicting public function-
aries before the ordinary tribunals, and that all the judges

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sliotiUl have the power of punishing public oflfcnccs. The right
granted to the courts of justice of judging the agents of the
executive government, when they have violated the laws, is so
natural a one that it cannot be looked upon as an extraordinary
privilege. Nor do the springs of government appear to me to
be weakened in the United States by the custom which renders
all public officers responsible to the judges of the land. The
Americans seem, on the contrary, to have increased by this
means that respect which is due to the authorities, and at the
same time to have rendered those who are in power more scru-
pulous of offending public opinion. I was struck by the small
number of political trials which occur in the United States, but
1 had no difficulty in accounting for this circumstance. A law-
suit, of whatever nature it may be, is always a difficult and ex-
pensive undertaking. It is easy to attack a public man in a
journal, but the motives which can warrant an action at law
must be serious. A solid ground of complaint must therefore
exist to induce an individual to prosecute a public officer, and
public officers are careful not to furnish these grounds of com-
plaint when they are afraid of being prosecuted.

This does not depend upon the republican form of American
institutions, for the same facts present themselves in England.
These two nations do not regard the impeachment of the prin-
cipal officers of State as a sufficient guarantee of their inde-
pendence. But they hold that the right of minor prosecutions,
which are within the reach of the whole community, is a better
pledge of freedom than those great judicial actions which arc
rarely employed imtil 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
number of crimes. It has since been discovered that when
justice is more certain and more mild, it is at the same time
more efficacious. The English and the Americans hold that
tyranny and oppression are to be treated like any other crime,
by lessening the penalty and facilitating conviction.

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 offences relating to their sev-
eral functions by virtue of a decree of the Conseil d'Etat; in

DEMOrRACY IN AMERICA

103

which case the prosecution takes place before the ordinary
tribunals." This clause survived the " Constitution de I'An
VllI," and it is still maintained in spite of the just complaints
of the nation. I have always found the utmost difficulty in
explaining its meaning to Englishmen or Americans. They
were at once led to conclude that the Conseil d'Etat in France
was a great tribunal, established in the centre of the kingdom,
which exercised a preliminary and somewhat tyrannical juris-
diction in all political causes. But when I told them that the
Conseil d'Etat was not a judicial body, in the common sense
of the term, but an administrative council composed of men
dependent on the Crown, so that the king, after having ordered
one of his servants, called a Prefect, to commit an injustice, has
the power of commanding another of his servants, called a
Councillor of State, to prevent the former from being pun-
ished ; when I demonstrated to them that the citizen who has
been injured by the order of the sovereign is obliged to solicit
from the sovereign permission to obtain redress, they refused
to credit so flagrant an abuse, and were tempted to accuse me
of falsehood or of ignorance. It frequently happened before the
Revolution that a Parliament issued a warrant against a public
officer who had committed an offence, and sometimes the pro-
ceedings were stopped by the authority of the Crown, which
enforced compliance with its absolute and despotic will. It is
painful to perceive how much lower we are sunk than our fore-
fathers, since we allow things to pass under the color of justice
and the sanction of the law which violence alone could impose
upon them.

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CHAPTER VII

POLITICAL JURISDICTION IN THE UNITED STATES

Definition of political jurisdiction — What is understood by political
jurisdiction in P'rance, in England, and in the United States — In
America the political judge can only pass sentence on public of-
ficers — He more frequently passes a sentence of removal from office
than a penalty — Political jurisdiction as it exists in the United States
is, notwithstanding its mildness, and perhaps in consequence of that
mildness, a most powerful instrument in the hands of the majority.

I UNDERSTAND, by political jurisdiction, that temporary
right of pronouncing a legal decision with which a political
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 everything else, and the idea which
is entertained of his power is of itself a sufficient security. The
only thing he has to fear is, that the external formalities of
justice should be neglected, and that his authority should be
dishonored from a wish to render it more absolute. But in
most free countries, in which the majority can never exercise
the same influence upon the tribunals as an absolute monarch,
the judicial power has occasionally been vested for a time in
the representatives of the nation. It has been thought better
to introduce a temporary confusion between the functions of the
different authorities than to violate the necessary principle of
the unity of government.

England, France, and the United States have established
this political jurisdiction by law ; and it is curious to examine
the different adaptations which these three great nations have
made of the principle. In England and in France the House
of Lords and the Chambre des Paris o constitute the highest
criminal court of their respective nations, and although they

a [As it existed under tlie constitutional monarchy down to 1848.]

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DEMOCRACY IN AMERICA

105

do not habitually try all political offences, they are competent
to try them all. Another political body enjoys the right of im-
peachment before the House of Lords: the only difference
which exists between the two countries in this respect is, that
in England the Commons may impeach whomsoever they please
before the Lords, whilst in France the Deputies can only employ
this mode of prosecution against the ministers of the Crown.

In both countries the Upper House may make use 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 offender, and the Sen-
ate awards his sentence. But the Senate can only try such per-
sons as are brought before it by the House of Representatives,
and those persons must belong to the class of public function-
aries. 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 Depu-
ties. But the great difference which exists between Europe and
America is, that in Europe political tribunals are empowered
to inflict all the dispositions of the penal code, while in America,
when they have deprived the offender of his official rank, and
have declared him incapable of filling any political office for the
future, their jurisdiction terminates and that of the ordinary
tribunals begins.

Suppose, for instance, that the President of the United States
has committed the crime of high treason ; the House of Repre-
sentatives impeaches him, and the Senate degrades him ; he
must then be tried by a jury, which alone can deprive him of
his liberty or his life. This accurately illustrates the subject
we are treating. The political jurisdiction which is established
by the laws of Europe is intended to try great offenders, what-
ever may be their birth, their rank, or their powers in the State ;
and to this end all the privileges of the courts of justice are
temporarily extended to a great political assembly. The legis-
lator is then transformed into the majristrate ; he is called upon
to admit, to distinguish, and to punish the offence ; and as he
exercises all the authority of a judge, the law restricts him to
the observance of all the duties of that high office, and of all
the formalities of justice. When a public functionary is im-
peached before an English or a French political tribunal, and

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is found guilty, the sentence deprives him ipso facto of his
functions, and it may pronounce him to be incapable of resum-
ing them or any others for the future. But in this case the
political interdict is a consequence of the sentence, and not the
sentence itself. In Europe the sentence of a political tribunal
is to be regarded as a judicial verdict rather than as an admin-
istrative measure. In the United States the contrary takes
place; and although the decision of the Senate is judicial in
its form, since the Senators are obliged to comply with the
practices and formalities of a court of justice; although it is
judicial in respect to the motives on which it is founded,
since the Senate is in general obliged to take an offence at
common law as the basis of its sentence; nevertheless the ob-
ject of the proceeding is purely administrative. If it had
been the intention of the American legislator to invest a po-
litical body with great judicial authority, its action would
not have been limited to the circle of public functionaries, since
the most dangerous enemies of the State may be in the posses-
sion of no functions at all ; and this is especially true in repub-
lics, where party influence is the first of authorities, and where
the strength of many a leader is increased by his exercising
no legal power.

If it had been the intention of the American legislator to give
society the means of repressing State offences by exemplary
punishment, according to the practice of ordinary justice, the
resources of the penal code would all have been placed at the
disposal of the political tribunals. But the weapon with which
they are intrusted is an imperfect one, and it can never reach
the most dangerous offenders, since men who aim at the entire
subversion of the laws are not likely to murmur at a political
interdict.

The main object of the political jurisdiction which obtains
in the United States is, therefore, to deprive the ill-disposed
citizen of an authority which he has used amiss, and to prevent
him from ever acquiring it again. This is evidently an admin-
istrative measure sanctioned by the formalities of a judicial
decision. In this matter the Americans have created a mixed
system ; they have surrounded the act which removes a public
functionary with the securities of a political trial; and they
have deprived all political condemnations of their severest pen-
alties. Every link of the system may easily be traced from this

DEMOCRACY IN AMERICA

107

point; we at once perceive why the American constitutions
subject all the civil functionaries to the jurisdiction of the Sen-
ate, whilst I. e military, whose crimes are nevertheless more
formidable, are exempted from that tribunal. In the civil ser-
vice none of the American functionaries can be said to be re-
movable ; the places which some of them occupy are inalienable,
and the others are chosen for a term which cannot be shortened.
It is therefore necessary to try them all in order to deprive them
of their authority. But military officers are dependent on the
chief magistrate of the State, who is himself a civil function-
ary, and the decision which condemns him is a blow upon
them all.

If we now compare the American and the European systems,
we shall meet with differences no less striking in the different
effects which each of them produces or may produce. In France
and in England the jurisdiction of political bodies is looked
upon as an extraordinary resource, which is only to be employed
in order to rescue society from unwonted dangers. It is not
to be denied that these tribunals, as they are constituted in
Europe, are apt to violate the coservative principle of the balance
of power in the State, and to threaten incessantly the lives and
liberties of the subject. The same political jurisdiction in the
United States is only indirectly hostile to the balance of power ;
it cannot menace the lives of the citizens, and it does not hover,
as in Europe, over the heads of the community, since those
only who have submitted to its authority on accepting office
are exposed to the severity of its investigations. It is at the
same time less formidable and less efficacious; indeed, it has
not been considered by the legislators of the United States as
a remedy for the more violent evils of society, but as an ordi-
nary means of conducting the government. In this respect it
probably exercises more real influence on the social body in
America than in Europe. We must not be misled by the appar-
ent mildness of the American legislation in all that relates to
political jurisdiction. It is to be observed, in the first place,
that in the United States the tribunal which passes sentence is
composed of the same elements, and subject to the same influ-
ences, as the body which impeaches the offender, and that this
uniformity gives an almost irresistible impulse to the vindictive
passions of parties. If political judges in the United States can-
not inflict such heavy penalties as those of Europe, there is

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DE TOCQUEVILLE

the less chance of their acquitting a prisoner ; and the convic-
tion, if it is less formidable, is more certain. The principal
object of the political tribunals of Europe is to punish the of-
fender ; the purpose of those in America is to deprive him of
his authority. A political condemnation in the United States
may, therefore, be looked upon as a preventive measure ; and
there is no reason for restricting the judges to the exact defini-
tions of criminal law. Nothing can be more alarming than the
excessive latitude with which political oflfences are described
in the laws of America. Article II., Section 4, of the Constitu-
tion 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 maladministration ; " the Con-
stitution of Virginia declares that all the civil officers who shall
have oflfended against the State, by maladministration, corrup-
tion, or other high crimes, may be impeached by the House of
Delegates; in some constitutions no offences are specified, in
order to subject the publjc functionaries to an unlimited respon-
sibility.c But I will venture to affirm that it is precisely their
mildness which renders the American laws most formidable in
this respect. We have shown that in Europe the removal of
a functionary and his political interdiction are the consequences
of the penalty he is to undergo, and that in America they con-
stitute the penalty itself. The consequence is that in Europe
political tribunals are invested with rights which they are afraid
to use, and that the fear of punishing too much hinders them
from punishing at all. But in America no one hesitates to inflict
a penalty from which humanity does not recoil. To condemn
a political opponent to death, in order to deprive him of his
power, is to commit what all the world would execrate as a
horrible assassination ; but to declare that opponent unworthy
to exercise that authority, to deprive him of it, and to leave
him uninjured in ''fe and limb, may be judged to be the fair
issue of the struggle. But this sentence, which it is so easy
to pronounce, is not the less fatally severe to the majority of

b Chap. I. sect. ii. § 8.

c See the constitutions of Illinois,
Maine, Connecticut, and Georgia.

DEMOCRACY IN AMERICA

109

those upon whom it is inflicted. Great criminals may undoubt-
edly brave its intangible rigor, but ordinary offenders will dread
it as a condemnation which destroys their position in the world,
casts a blight upon their honor, and condemns them to a shame-
ful inactivity worse than death. The influence exercised in the
United States upon the progress of society by the jurisdiction
of political bodies may not appear to be formidable, but it is
only the more immense. It does not directly coerce the subject
but it renders the majority more absolute over those in power ;
it does not confer an unbounded authority on the legislator
which can only be exerted at some momentous crisis, but it
establishes a temperate and regular influence, which is at all
times available. If the power is decreased, it can, on the other
hand, be more conveniently employed and more easily abused.
By preventing political tribunals from inflicting judicial pun-
ishments the Americans seem to have eluded the worst conse-
quences 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 weapon which
has ever been placed in the rude grasp of a popular majority.
When the American republics begin to degenerate it will be
easy to verify the truth of this observation, by remarking
whether the number of political impeachments augments.^

d See Appendix, N.

[The impeachment of President An-
drew Johnson in 1868— which was re-
sorted to by his political opponents
solely as a means of turning him out
of office, for it could not be contended

that he had been guilty of high crimes
and misdemeanors, and he was in fact
honorably t cquitted and reinstated in
office — is a striking confirmation of the
truth of this tetanic.— Translator's Note,
1874I

CHAPTER VIII

THE FEDERAL CONSTITUTION

I HAVE hitherto considered each State as a separate whole,
and I have explained the different springs which the peo-
ple sets in motion, and the different means of action which
it employs. But all the States which I have considered as inde-
pendent are forced to submit, in certain oases, to the supreme
authority of the Union. The time is now come for me to exam-
ine separately the supremacy with which the Union has been in-
vested, and to cast a rapid glance over the Federal Constitu-
tion.

History of the Federal Constitution

Origin of the first Union — Its weakness — Congress appeals to the con-
stituent authority — Interval of two years between this appeal and
the promulgation of the new Constitution.

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 strug-
gling against a common enemy ; and these reasons were suffi-
ciently strong to unite them one to another, and to consolidate
them into one nation. But as each of them had enjoyed a sepa-
rate existence and a government within its own control, the
peculiar interests and customs which resulted from this system
were opposed to a compact and intimate union which would
have absorbed the individual importance of each in the general
importance of all. Hence arose two opposite tendencies, the
one prompting the Anglo-Americans to unite, the other to di-
vide their strength. As long as the war with the mother-coun-
try lasted the principle of union was kept alive by necessity;
and although the laws which constituted it were defective, the
common tie subsisted in spite of their imperfections.o But no

a See tlie articles of tlie first confeder- constitution in " The Federalist " from

ation formed in 1778. This constitution No. 15 to No. 22, inclusive, and Story's

was not adopted by all the States until " Commentaries on the Constitution of

1781, Sec also tlic analysis given of this the United States," pp. 85-115.

1 10

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DEMOCRACY IN AMERICA

III

sooner was peace concliulcd than the faults of the legislation
iKcanic manifest, and the State seemed to be suddenly dis-
solved. Each colony became an independent republic, and as-
sumed an absolute sovereignty. The federal government, con-
demned to impotence by its constitution, and no longer sustained
by the presence of a connnon danger, witnessed the outrages
ort'ered to its flag by the great nations of Europe, whilst it was
scarcely able to maintain its ground against the Indian tribes,
and to pay the interest of the debt which had been contracted
during the war of independence. It was already on the verge
of ilestruction, when it oflficially proclaimed its inability to con-
duct the governmer.c, and appealed to the constituent authority
of the nation.fr Ji America ever approached (for however brief
a time) that lofty pinnacle of glory to which the fancy of its in-
habitants is wont vo point, it was at the solemn moment at which
the power of the nation abdicated, as it were, the empire of the
land. All ages have furnished the spectacle of a people strug-
gling with energy to win its independence ; and the efforts of
the Americans in throwing off the English yoke have been con-
siderably exaggerated. Separated from their enemies by three
thousand miles of ocean, and backed by a powerful ally, the
success of the United States may be more justly attributed to
their geographical position than to the valor of their armies or
the patriotism of their citizens. It would be ridiculous to com-
pare the American war to the wars of the French Revolution, or
the efforts of the Americans to those of the French when they
were attacked by the whole of Europe, without credit and with-
out allies, yet capable of opposing a twentieth part of their popu-
lation to the world, 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 so-
ciety to see a great people turn a calm and scrutinizing eye upon
itself, when apprised by the legislature that the wheels of gov-
ernment are stopped ; to see it carefully examine the extent of
the evil, and patiently wait for two whole years until a remedy
was discovered, which it voluntarily adopted without having
wrung a tear or a drop of blood from mankind. At the time
when the inadequacy of the first constitution was discovered
America possessed the double advantage of that calm which h?'d
succeeded the effervescence of the revolution, and of those great

b Congress made this declaration on February 2j, 1787.

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DE TOCQUEVILLE

iiicti who liad led the revolution to a successful issue. The as-
sembly which accepted the task of composing the second consti-
tution was small ; c but George Washington was its President,
and it contained the choicest talents and the noblest hearts which
had ever appeared in the New World. This national commis-
sion, after long and mature deliberation, offered to the ac-
ceptance of the people the body of general laws which still rules
the Union. All the States adopted it successively.*' The new
Federal Government commenced its functions in 1789, after an
interregnum of two years. The Revolution of America termi-
nated when that of France began.

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Summary of the Federal Constitution

Division of authority between the Federal Government and the States
— The Government of the States is the rule, the Federal Govern-
ment the exception.

The first question which awaited the Americans was intri-
cate, and by no means easy of solution : the object was so to di-
vide the authority of the different States which composed the
Ur,'On that each of them should continue to govern itself in all
that concerned its internal prosperity, whilst the entire nation,
represented by the Union, should continue to form a compact
body, and co provide for the general exigencies of the people.
It was as impossible to determine beforehand, with any degree
of accuracy, the share of authority which each of two govern-
ments 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 people ; but the claims and obligations of the States
were, on the other hand, complicated and various, because those
Governments had penetrated into all the details of social life.
The attributes of the Federal Government were therefore care-
fully enumerated and all that was not included amongst them
was declared to constitute a part of the privileges of the several
Governments of the States. Thus the government of the States

f Tt consisted of fifty-five members :
WasfiinRton, Madison, Hamilton, and
the two Morrises were amongst the
number.

dit was not adopted by the legisla-

tive bodies, but representatives were
elected by the people for this sole pur-
pose ; and the new constitution was dis-
cussed at length in each of these as-
semblies.

DEMOCRACY IN AMERICA

remained the rule, and that of tlic Confcdiration became the ex-
ception.f

But as it was foreseen tliat, in practice, questions might arise
as to the exact hmits of this exceptiunul authority, and that it
would be dangerous to submit these (jucstions 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 functions, to maintain the balance
of power which had been established by the Constitution be-
tween the two rival Govcrnments.ir

Prerogative of the Federal Government

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

The external relations of a people may be compared to those
of private individuals, and they cannot be advantageously
maintained without the agency of a single head of a Govern-
ment. The exclusive right of ni;' mg peace and war, of con-
cluding treaties of commerce, of raising armies, and equipping
fleets, was granted to the Union.'* The necessity of a national
Government was less imperiously felt in the conduct of the

« See the Amendment to the Federal
Constitution ; " Federalist," No. 32 :
Story, p. 711 ; Kent's " Commentaries,"
vol. i. p. 364.

It is to be observed that whenever the
exclusive right of regulating certain mat-
ters is not reserved to Congress by the
Constitution, the .States may take up
the affair until it is brought before the
National Assembly. For instance, Con-

firess has the right of making a general
aw on bankruptcy, which, however, it
neglects to do. Each State is then at
liberty to make a law for itself. This
point has been established by discussion
in the law-courts, and may be said to
belong more properly to jurisprudence.
f The action o! this court is indirect,
as we shall hereafter show.

g It is thus that " The Federalist," No.
4S, explains the division of supremacy
between the Union and the States :
" The powers delegated by the Constitu-
tion to the Federal Government are few
and defined. Those which are to re-
main in the State Governments are nu-
merous and indefinite. The former will
be exercised principally on external ob-
jects, as war, peace, negotiation, and
foreign commerce. The powers reserved

Vol. I.— 8

to the several States will extend to all
the objects which, in the ordinary
course of affairs, concern the internal
order and prosperity of the State." I
shall often have occasion to quote " The
Federalist " in this work. When the
bill which has since become the Consti-
tution of the United States wa \ sub-
mitted to the approval of the t eoplc,
and the discussions were still p' nding.
three men, who had already acijuirod
a portion of that celebrity which they
have since enjoyed— John Jay, Hamif-
ton, and Madison — formed an associa-
tion with the intention of explaining to
the nation the advantages of the measure
which was proposed. With this view
they published a series of articles in the
shape of a journal, wliich now form a
complete treatise. They entitled their
journal " The Federalist," a name which
has been retained in the work. " The
Federalist " is an excellent book, which
ought to be familiar to the statesmen of
all countries, although it especially con-
cerns America.

h See Constitution, sect. 8 ; " Federal-
ist," Nos. 41 and 42 ; Kent's "Commen-
taries." vol. i. p. 207 ; Story, pp. 358-
382 ; Ibid. pp. 409-426.

114

DE TOCQUEVILLE

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internal policy of society; but there are certain general inter-
ests which can only be attended to with advantage by a general
authority. The Union was invested with the power of con-
trolling the monetary system, of directing the post office, and
of opening the great roads which were to establish a communi-
cation between the different parts of the country.* The inde-
pendence of the Government of each State was formally recog-
nized in its sphere ; nevertheless, the Federal Government was
authorized to interfere in the internal affairs of the States; in a
few predetermined cases, in which 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 post 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 fulfil its engage-
ments, it was endowed with an unlimited power of levying
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 the 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 Unite'' States form
not only a republic, but a confederation; nev *' less 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 which were styled pays d'etats
were authorized to refuse their assent to an impost which had
been levied by the sovereign who represented the 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 rep-

»■ Several other privilefres of the same
kind exist, such as tl' t which empowers
the Union to legislate on bankruptcy,
to grant patents, and other matters in
which its intervention is clearly neces-
sary.

;' Even in these cases its interference
is indirect. The Union interferes by

means of the tribunals, as will be here-
after shown. ,

k Federal Constitution, sect. lo, art. i.

/ Constitution, sects. 8, g, and lo :
" Federalist," Nos. 30-36, inclusive, and
41-44 ; Kent's " Commentaries," vol. i.
pp. 307 and 381 ; Story, pp. 329 and 514.

H 1 1*^

DEMOCRACY IN AMERICA

resentatives of the nation is binding upon all the citizens. In
these two essentia) points, therefore, the Union exercises more
central authority than the French monarchy possessed, al-
though the Union is only an assemblage 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 reg-
ulating the commercial relations of the States. The govern-
ment of the Confederation is therefore more centralized in this
respect than the kingdom of Spain. It is true that the power
of the Crown in France or in Spain was always able to obtain
by force whatever the Constitution of the country denied, and
that the ultimate result was consequently the same ; but I am
here discussing the theory of the Constitution.

Federal Powers

After having settled the limits within which the Federal
Government was to act, the next point was to determine the
powers which it was to exert.

ill be here-

Legislative Powers »»

Division of the Legislative Body into two branches — Difference in the
manner of forming the two Houses — The principle of the independ-
ence of the States predominates in the formation of the Senate —
The principle of the sovereignty of the nation in the composition of
the House of Representatives — Singular effects of the fact that a
Constitution can only be logical in the early stages of a nation.

The plan which had been laid down beforehand for the Con-
stitutions 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 ob-
servance of distinct principles in the formation of these two
assemblies. I have already shown that two contrary interests
were opposed to each other in the establishment of the Federal
Constitution. These two interests had given rise to two opin-
ions. It was the wish of one party to convert the Union into

m [In this chapter the author points
out the essence of the conflict between

the seceding States and the Union which
caused the Civil War of 1861.]

1
1}

ii6

DE TOCQUEVILLE

W I'.

:<]

a league of independent States, or a sort of congress, at which
the representatives of the several peoples would meet to discuss
certain points of their common interests. The other party de-
sired to unite the inhabitants of the American colonies into one
sole nation, and to establish a Government which should act
as the sole representative of the nation, as far as the limited
sphere of its authority would permit. The practical conse-
quences of these two theories were exceedingly different.

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, would then remain in the full enjoyment of its independ-
ence, and enter the Union upon a footing of perfect equality.
If, however, the inhabitants of the United States were to be
considered as belonging to one and the same nation, it would
be just 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 of the Con-
federation ; since they would have passed from the condition
of a co-equal and co-legislative authority to that of an insig-
nificant fraction of a great people. But if the former system
would have invested them with an excessive authority, the lat-
ter would have annulled their influence altogether. Under
these* circumstances the result was, that the strict rules of logic
were evaded, as is usually the case when interests are opposed
to arguments. A middle course was hit upon by the legis-
lators, which brought together by force two systems theoreti-
cally irreconcilable.

The principle of the independence of the States prevailed in
the formation of the Senate, and that of the sovereignty of the
nation predominated in the composition of the House of Rep-
resentatives. It was decided that each State should send two
senators to Congress, and a number of representatives pro-
portioned to its population.5* It results from this arrangement

n Every ten years Congress fixes anew
the number of representatives which
each State is to furnish. The total num-
ber was 69 in 1789, and 240 in 1833. (See
" American Almanac," 1834, p. 194.)
The Constitution decided that there
should not be more than one representa-
tive 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. Tne first
Act which was passed on the subject
(April 14, 1792 ; see " Laws of the
United States," by Story, vol. i. p.
23s) decided that there should be one

!•:

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DEMOCRACY IN AMERICA

tit

that the State of New York has at the present day forty repre-
sentatives and only two senators; the State of Delaware has
two senators and only one representative; the State of Dela-
ware is therefore equal to the State of New York in the Senate,
whilst the latter has forty times the influence of the former in
the House of Representatives. Thus, if the minority of the
nation preponderates in the Senate, it may paralyze the de-
cisions of the majority represented in the other House, which
is contrary to the spirit of constitutional government.

These facts show how rare and how difficult it is rationally
and logically to combine all the several parts of legislation.
In the course of time different interests arise, and different prin-
ciples are sanctioned by the same people ; and when a general
constitution is to be established, these interests and principles
are so many natural obstacles to the rigorous application of any
political system, with all its consequences. The early stages
of national existence are the only periods at which it is pos-
sible to maintain the complete logic of legislation ; and when
we perceive a nation in the enjoyment of this advantage, before
V. " hasten to conclude that it is wise, we should do well to re-
f V .er that it is young. When the Federal Constitution was
a-ned, the interests of independence for the separate 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 Con-
stitution has not hitherto produced those evils which might
have been feared. All the States are young and contiguous ;
their custom^s, their ideas, and their exigencies are not dissim-
ilar ; and the differences which result from th eir size or inferi-
ority do not suffice to set their interests at variance. The small
States have consequently never been induced to league them-
selves 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 :hat the Senate

representative for every 33,000 inhabi-
tants. The last Act, which was passed
in 1832, fixes the proportion at one for
48,000. The population represented is
composed of all the free men and of
three-fifths of the slaves.

[The last Act of apportionment,
passed February 2, 1872, fixes the rep-

resentation at one to 134,684 inhabitants.
There are now (1875) 283 members of
the lower House of Congress, and 9
for the States at large, making in all
292 members. The old States have of
course lost the representatives which
the new States have gained. — Trans'
lalor's Note.}

:^i\:

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DE TOCQUEVILLE

l^^

! I

could offer 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 influ-
ence of the States into the mechanism of the Federal Govern-
ment was by no means to be wondered at, since it only attested
the existence of an acknowledged power, which was to be hu-
mored and not forcibly checked.

A Further Difference Between the Senate and the s
House of Representatives ,

The Senate named by the provincial legislators, the Representatives
by the people — Double election of the former; single election of the
latter — Term of the different offices — Peculiar functions of each
House.

The Senate not only differs from the other House in the
principle which it represents, but also in the mode of its elec-
tion, in the term for which it is chosen, and in the nature of its
functions. The House of Representatives is named by the
people, the Senate by the legislators of each State ; the former
is directly elected, the latter is elected by an elected body ; the
term for which the representatives are chosen is only two years,
that of the senators is six. The functions of the House of Rep-
resentatives 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
sub" Us 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 definitely approved by the same body.o

See " The Federalist," Nos. 52-56, inclusive ; Story, pp. 199-314 ; Constitu-
tion of the United States, sects, a and 3.

:^^

DEMOCRACY IN AMERICA

119

The Executive Power/'

Dependence of the President — He is elective and responsible — He is
free to act in his own sphere under the inspection, but not under the
direction, of the Senate — His salary fixed at his entry into office —
Suspensive veto.

The American legislators undertook a difficult task in at-
tempting to create an executive power dependent on the ma-
jority of the people, and nevertheless sufficiently strong to act
without restraint in its own sphere. It was indispensable to
the maintenance of the republican form of government that the
representative of the executive power should be subject to the
will of the nation.

The President is an elective magistrate. His honor, his
property, his liberty, and his life are the securities which the
people has for the temperate use of his power. But in the ex-
ercise of his authority he cannot be said to be perfectly inde-
pendent; the Senate takes cognizance of his relations with
foreign powers, and of the distribution of public appointments,
so that he can neither be bribed nor can he employ the means
of corruption. The legislators of the Union acknowledged that
the executive power would be incompetent to fulfil its task with
dignity and utility, unless it enjoyed a greater degree of sta-
bility and of strength than had been granted to it in the separate
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 hopeful undertakings for the public good,
and with the means of carrying them into execution. The
President was made the sole representative of the executive
power of the Union, and care was taken not to render his de-
cisions subordinate to the vote of a council — a dangerous meas-
ure, which tends at the same time to clog the action of the
Government and to diminish i*^3 responsibility. The Senate
has the right of annulling certain acts of the President ; but it
cannot compel him to take any steps, nor does it participate in
the exercise of the executive power.

The action of the legislature oii the executive power may be
direct; and we have just shown that the Americans carefully

p See "The Federalist." Nos. 67-77 ;
Constitution of the United States, art.

2 ; Story, p. 31s, pp. 615-780 ; Kent's
" Commentaries," p. 255.

' A

h !■ r

'M\\^k:

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DE TOCQUEVTLLE

obviated this influence ; but it may, on the other hand, be indi-
rect. Public assemblies which have the power of depriving
an officer of state of his salary encroach upon his independence ;
and as they are free to make the laws, it is to be feared lest they
should gradually appropriate to themselves a portion of that
authority which the Constitution had vested in his hands. This
dependence of the executive power is one of the defects inher-
ent in republican constitutions. The Americans have not been
able to counteract the tendency which legislative assemblies
have to get possession of the government, but they have ren-
dered this propensity less irresistible. The salary of the Presi-
vbnt is fixed, at the time of his entering upon office, for the
whole period of his magistracy. The President is, moreover,
provided with a suspensive veto, which allows him to oppose
the passing of such laws as might destroy the portion of inde-
pendence which the Constitution awards him. The struggle
between the President and the legislature must always be an
unequal one, since the latter is certain of bearing down all re-
sistance by persevering in its plans; but the suspensive veto
forces it at least to reconsider the matter, and, if the motion be
persisted in, it must then be backed by a majority of two-thirds
of the whole house. The veto is, in fact, a sort of appeal to the
people. The executive power, which, without this security,
might have been secretly oppressed, adopts this means of plead-
ing its cause and stating its motives. But if the legislature is
'^ertain of overpowering all resistance by persevering in its
plans, I reply, that in the constitutions of all nations, of what-
ever kind they may be, a certain point exists at which the legis-
lator is obliged to have recourse to the good sense and the
virtu*" of his fellow-citizens. This point is more prominent and
more Ji coverable in republics, whilst it is more remote and
more carefully concealed in monarchies, but it always exists
somewhere. There is no country in the world in which every-
thing can be provided for by the laws, or in which political
institutions can prove a substitute for common sense and pub-
lic morality.

DEMOCRACY IN AMERICA

lai

> .11

Differences Between the Position of the President of
THE United States and that of a Constitutional King
OF France

Executive power in the Northern States as limited and as partial as the
supremacy which it represents — Executive power in France as uni-
versal as the supremacy it represents — The King a branch of the
legislature — The President the mere executor of the law — Other
differences resulting from the duration of the two powers — The
President checked in the exercise of the executive authority — The
King independent in its exercise — Notwithstanding these discrep-
ancies France is more akin to a republic than the Union to a mon-
archy — Comparison of the number of public ol .<.) lepending up-
on the executive power in the two countries.

The executive power has so important an influence on the
destinies of nations that I am inclined to pause for an instant
at this portion of my subject, in order more clearly to explain
the part it sustains in America. In order to form an accurate
idea of the position of the President of the United States, it may
not be irrelevant to compare it to that of one of the constitu-
tional kings of Europe. In this comparison I shall pay but
little attention to the external signs of power, which are more
apt to deceive the eye of the observer than to guide his re-
searches. When a monarchy is being gradually transformed
into a republic, the executive power retains the titles, the hon-
ors, the etiquette, and even the funds of royalty long after its
authority has disappeared. The English, after having cut ofl
the head of one king and expelled another from his throne, were
accustomed to accost the successor of those princes upon their
knees. On the other hand, when a republic falls under the
sway of a single individual, the demeanor of the sovereign is
simple and unpretending, as if his authority was not yet para-
mount. When the emperors exercised an unlimited control
over the fortunes and the lives of their fellow-citizens, it was
customary to call them Caesar in conversation, and they were
in the habit of supping without formality at their friends'
houses. It is therefore necessary to look below the surface.

The sovereignty of the United States is shared between the
Union and the States, whilst in France it is undivided and
compact : hence arises the first and the most notable difference
which exists between the President of the United States and
the King of France. In the United States the executive power

] il

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122

DE TOCQUEVILLE

is as limited and partial as the sovereignty of the Union in
whose name it acts ; in France it is as universal as the authority
of the State. The Americans havc , federal and the French a
national Government.

This cause of inferiority results from the nature of things,
but it is not the only onr ; the second in importance is as fol-
lows: Sovereignty ma} be defined to be the righ*^^ of making
laws: in France, the King really e -crcises a portion of the
sovereign power, since the laws have no weight till he has given
his assent to them ; he is, moreover, the executor of all they
ordain. The President is also the executor of the laws, but he
does not really co-operate in their formation, since the refusal
of his assent does not annul them. He is therefore merely to
be considered as the agent of the sovereign power. But not
only does the King of France exercise a portion of the sov-
ereign power, he also contributes to the nomination of the
legislature, which exercises the other portion. He has the
privilege of appointing the members of one chamber, and of
dissolving the other at his pleasure ; whereas the President of
the United States has no share in the formation of the legis-
lative body, and cannot dissolve any part of it. The King has
the same right of bringing forward measures as the Chambers ;
a right which the President does not possess. The King is
represented in each assembly by his ministers, who explain his
intentions, support his opinions, and maintain the principles
of the Government. The President and his ministers are alike
excluded from Congress ; so that his influence and his opinions
can only penetrate indirectly into that great body. The King
of France is therefore on an equal footing with the legislature,
which can no more act without him than he can without it.
The President exercises an authority inferior to, and depending
upon, that of the legislature.

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

DEMOCRACY IN AMERICA

1*3

sovereign. In the exercise of the executive power the Presi-
dent of the United States is constantly subject to a jealous
scrutiny. He may make, but he cannot conclude, a treaty ; he
may designate, but he cannot appoint, a public officer.5 The
King of France is absolute within the Hmits of his authority.
The President of the United States is responsible for his ac-
tions ; 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
F'rance 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 different constitutions of these
two countries, public opinion is the predominant authority in
both of them. The fundamental principle of legislation — a
principle essentially republican — is the same in both countries,
although its consequences may be different, and its results
more or less extensive. Whence I am led to conclude that
France with its King is nearer akin to a republic than the
Union with its President is to a monarchy.

In what I have been saying I have only touched upon the
main points of distinction ; and if I could have entered into de-
tails, the contrast would have been rendered still more strik-
ing.

I have remarked that the authority of the President in the
United States is only exercised within the limits of a partial
sovereignty, whilst that of the King in France is undivided.
I might have gone on to show that the power of the King's
government in France exceeds its natural limits, however ex-
tensive they may be, and penetrates in a thousand diflferent
ways into the administration oi private interests. Amongst the
examples of this influence may be quoted that which results
from the great number of public functionaries, who all derive
their appointments from the Government. This number now

/If 1

' •'!«'

\m^

(fl

q The Constitution had left it doubtful
whether the President was obliged to
consult the Senate in the removal as well
as in the appointment of Federal officers.
" The Federalist " (No. 77) seemed to
establish the affirmative ; but in 1789
Confrress formally decided that, as the
President was responsible for his ac-
tions, he ought not to be forced to em-

ploy agents who had forfeited his
esteem. See Ken''s "Commentaries,"
vol. i. jj. 289.

r [This comparison applied to the
Constitutional King of France and to
the powers he held under the Charter
of 1830. till the overthrow of the mon-
archy in 1%.!^.— Translator' s Noie.i

124

DE TOCQUEVILLE

exceeds all previous limits; it amounts to 138,000* nomina-
tions, each of which may be considered as an element of power.
The President of the United States has not the exclusive right
of making any public appointments, and their whole number
scarcely exceeds 12,000.*

I !

■J

Accidental Causes which may Increase the Influence
OF THE Executive Government

External security of the Union — Army of six thousand men — Few ships
— The President has no opportunity of exercising his great pre-
rogatives — In the prerogatives he exercises he is weak.

If the executive government is feebler in America than in
France, the cause is more attributable to the circumstances
than to the laws of the country.

It is chiefly in its foreign relations that the executive power
of a nation is called upon to exert its skill and its vigor. If the
existence of the Union were perpetually threatened, and if its
chief interests were in daily connection with those of other
powerful nations, the executive government would assume an
increased importance in proportion to the measures expected
of it, and those which it would carry into effect. The President
of the United States is the commander-in-chief of the army, but
of an army composed of only six thousand men ; he commands
the fleet, but the fleet reckons but few sail; he conducts the
foreign relations of the Union, but the United States are a na-
tion without neighbors. Separated from the rest of the world
by the ocean, and too weak as yet to aim at the dominion of the
seas, they have no enemies, and their interests rarely come into
contact with those of any other nation of the globe.

The practical part of a Government must not be judged by
the theory of its constitution. The President of the United
States is in the possession of almost royal prerogatives, which
he has no opportunity of exercising ; and those privileges '"hich
he can at present use are very circumscribed. The law .'dlow

i The sums annually paid by the
State to these officers amount to 200,-
000,000 fr. ($40,000,000).

/ This number is extracted from the
" National Calendar " for 1833. The
" National Calendar " is an American
almanac which contains the names of
all the Federal officers. It results from
this comparison that the King of France
has eleven times as many places at his

disposal as the President, although the
population of France is not much more
than double that of the Union.

[I ha re not the means of ascertaining
the number of appointments now at the
disposal of the President of the United
States, but his patronage and the abuse
of it have largely increased since 1833.
— Translator's J^iote, 1875.]

v \i

DEMOCRACY IN AMERICA

laS

him to possess a degree of influence which circumstances do
not permit him to employ.

On the other hand, the great strength of the royal prero-
gative in France arises from circumstances far more than from
the laws. There the executive government is constantly
struggling against prodigious obstacles, and exerting all its
energies to repress them ; so that it increases by the extent of
its achievements, and by the importance of the events it con-
trols, without modifying its constitution. If the laws had made
it as feeble and as circumscribed as it is in the Union, its influ-
ence would very soon become still more preponderant.

Why the President of the United States does not Re-
quire THE Majority of the Two Houses in Order to
Carry on the Government

It is an established axiom in Europe that a constitutional
King cannot persevere in a system of government which is op-
posed by the two other branches of the legislature. But sev-
eral Presidents of the United States have been known to lose
the majority in the legislative body without being obliged to
abandon the supreme power, and without inflicting a serious
evil upon society. I have heard this fact quoted as an instance
of the independence and the power of the executive govern-
ment in America: a moment's reflection will convince us, on
the contrary, that it is a proof of its extreme weakness.

A King in Europe requires the support of the legislature to
enable him to perform the duties imposed upon him by the
Constitution, because those duties are enormous. A consti-
tutional King in Europe is not merely the executor of the law,
but the execution of its provisions devolves so completely upon
him that he has the power of paralyzing its influence if it 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 subsist
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 can lie 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

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important acts arc (lirectl> or indirectly submitted to the legis-
lature, and of his own fric authority he can do but little. It is
therefore his weakness, and not his power, which enables him
to remain in opposition to Congress. In Europe, harmony
must reign between the Crown and the other branches of the
legislature, because a collision between them may prove
serious ; in America, this harmony is not indispensable, because
such a collision is impossible.

Election of the President

Dangers of the elective system increase in proportion to the extent of
the prerogative — This system possible in America because no
powerful executive authority is required — What circumstances are
favorable to the elective system — Why the election of the President
does not cause a deviation from the principles of the Government-
Influence of the election of the President on secondary function^
aries.

The dangers of the system of election applied to the head of
the executive government of a great people have been suffi-
ciently exemplified by experience and by history, and the re-
marks I am about to make refer to America alone. These
dangers may be more or less formidable in proportion to the
place which the executive power occupies, and to the import-
ance it possesses in the State ; and they may vary according to
the mode of election and the circumstances in which the electors
are placed. The most weighty argument against the election
of a chief magistrate is, that it ofifers so splendid a lure to pri-
vate ambition, and is so apt to inflame men in the pursuit of
power, that when legitimate means are wanting force may not
unfrequently seize what right denied.

It is clear that the greater the 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 of
the influence exercised by the executive power in the affairs of
State. The revolutions of Poland were not solely attributable
to the elective system in general, but to the fact that the elected
monarch was the sovereign of a powerful kingdom. Before we
can discuss the absolute advantages of the elective system we

DEMOCRACY IN AMERICA

137

must make preliminary inquiries as to whether the geographical
position, the laws, the habits, the manners, and the opinions of
the people amonj(st whom it is to be introduced will admit of
the establishment of a weak and dependent executive govern-
ment ; for to attempt to render the representative of the State
a powerful sovereign, and at the same time elective, is, in my
opinion, to entertain two incompatible designs. To reduce
hereditary royalty to the condition of an elective authority, the
only means that I am acquainted with are to circumscribe its
sphere of action beforehand, gradually to diminish its prero-
gatives, and to accustom the people to live without its protec-
tion. Nothing, however, is further from the designs of the re-
publicans of Europe than this course: as many of them owe
their hatred of tyranny to the sufferings which they have per-
sonally undergone, it is oppression, and not tV:; extent of the
executive power, which excites their hostility, and they attack
the former without perceiving how nearly it is conne.^ed V/ith
ihe latter.

Hitherto no citizen has shown any disposition to expose his
honor and his life in order to become the President of the
United States; because the power of that office is temr ^rary,
limited, and subordinate. The prize of fortune must h • ?;; eat
to encourage adventurers in so desperate a game. Nc candi-
date has as yet been able to arouse the dangerous enthusiasm or
the passionate sympathies of the people in his favor, for the
very simple reason that when he is at the head of the Govern-
ment he has but little power, but little wealth, and but little
glory to share amongst his friends; and his influence in the
State is too small for the success or the ruin of a faction to de-
pend upon 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 i* ":>' :if¥airs of a mon-
archy are not better conducted than those of a republic, at least
there is always some one to conduct them, well or ill, according
to his capacity. In elective States, on ihe contrary, the wheels
of government cease to act, as it w^ro, of their own accord at
the approach of an election, and even for some time previous to
that event. The laws may indeed accelerate the operation of
the election, which may be conducted with such simplicity and

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rapidity that the seat of power will never be left vacant ; but,
notwithstanding these precautions, a break necessarily occurs
in the minds of the people.

At the approach of an election the head of the executive gov-
ernment is wholly occupied by the coming struggle ; his future
plans are doubtful ; he can undertake nothing new, and he will
only prosecute with indifference those designs which another
will perhaps terminate. " I am so near the time of my retire-
ment from office," said President Jefferson on the 21st of Janu-
ary, 1809 (six weeks before the election), " that I feel no pas-
sion, I take no part, I express no sentiment. It appears to me
just to leave to my successor the commencement of those
measures which he will have to prosecute, and for which he will
be responsible."

On the other hand, the eyes of the nation are centred on a
single point ; all are watching the gradual birth of so import-
ant an event. The wider the influence of the executive power
extends, the greater and the more necessary is its constant ac-
tion, the more fatal is the term of suspense ; and a nation which
is accustomed to the government, or, still more, one used to the
administrative protection of a powerful executive authority
would be infallibly convulsed by an election of this kind. In
the United States the action of the Government may be
slackened with impunity, because it is always weak and circum-
scribed."

One of the principal vices of the elective system is that it al-
ways introduces a certain degree of instability into the internal
and external policy of the State. But this disadvantage is less
sensibly felt if the share of power vested in the elected magis-
trate is small. In Rome the principles of the Government
underwent no variation, although the Consuls were changed
every year, because the Senate, which was an hereditary as-
sembly, possessed the directing authority. If the elective sys-
tem were adopted in Europe, the condition of most of the mon-
archical States would be changed at every new election. In
America the President exercises a certain influence on State
affairs, but he does not conduct them; the preponderating

)

u (This, however, may be a great
danger. The period during which Mr.
Buchanan retained office, after the elec-
tion of Mr. Lincoln, from November,
i860, to March, 1861, was that which en-
abled the seceding States of the South

to complete their preparations for the
Civil War, and the Executive Govern-
ment was paralyzed. No greater evil
could befall a nation. — Translator's
Nole.1

DEMOCRACY IN AMERICA

129

power is vested in the representatives of the whole nation. The
poHtical maxims of the country depend therefore on the mass
of the people, not on the President alone; and consequently
in America the elective system has no very prejudicial influence
on the fixed principles of the Government. But the want of
fixed principles is an evil so inherent in the elective system that
it is still extremely perceptible in the narrow sphere to which
the authority of the President extends.

The Americans have admitted that the head of the executive
power, who has to bear the whole responsibility of the duties he
is called upon to fulfil, ought to be empowered to choose his own
agents, and to remove them at pleasure : the legislative bodies
watch the conduct of the President more than they direct it.
The consequence of this arrangement is, that at every new elec-
tion the fate of all the Federal public officers is in suspense. Mr.
Quincy Adams, on his entry into office, discharged the major-
ity of the individuals who had been appointed by his predeces-
sor : and I am not aware that General Jackson allowed a single
removable functionary employed in the Federal service to re-
tain his place beyond the first year which succeeded his election.
It is sometimes made a subject of complaint that in the consti-
tutional monarchies of Europe the fate of the humbler servants
of an Administration depends upon that of the Ministers. But
in elective Governments this evil is far greater. In a consti-
tutional monarchy successive ministries are rapidly formed;
but as the principal representative of the executive power does
not change, the spirit of innovation is kept within bounds ; the
changes which take place are in the details rather than in the
principles of the administrative system ; but to substitute one
system for another, as is done In America every four years, by
law, is to cause a sort of revolution. As to the misfortunes
which may fall upon individuals in consequence of this state of
things, it must be allowed that the uncertain situation of the
public officers is less fraught with evil consequences in America
than elsewhere. It is so easy to acquire an independent posi-
tion 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
Vol. I.-9

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DE TOCQUEVILLE

which adopts it. However the functions of the executive power
may be restricted, it must always exercise a great influence upon
the foreign policy of the country, for a negotiation cannot be
opened or successfully carried on otherwise than by a single
agent. The more precarious and the more perilous the posi-
tion of a people becomes, the more absolute is the want of a
fixed and consistent external policy, and the more dangerous
does the elective system of the Chief Magistrate become. The
policy of the Americans in relation to the whole world is ex-
ceedingly simple; for it may almost be said that no country
stands in need of them, nor do they require the co-operation of
any other people. Their independence is never threatened. In
their present condition, therefore, the functions of the executive
power are no less limited by circumstances than by the laws ;
and the President may frequently change his line of policy with-
out involving the State in difficulty or destruction.

Whatever the prerogatives of the executive power may be,
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 escape the calamities of anarchy or of
conquest every time they might have to elect a new sovereign.
In America society is so constituted that it can stand without
assistance upon its own basis ; nothing is to be feared from the
pressure of external dangers, and the election of the President
is a cause of agitation, but not of ruin.

Mode of Election

Skill of the American legislators shown in the mode of election adopted
by them — Creation of a special electoral body — Separate votes of
these electors — Case in which the House of Representatives is called
upon to choose the President — Results of the twelve elections which
have taken place since the Constitution has been established.

Besides the dangers which are inherent in the system, many
other difficulties may arise from the mode of election, which
may be obviated by the precaution of the legislator. When a
people met in arms on some public spot to choose its head, it
was exposed to all the chances of civil war resulting from so
martial a mode of proceeding, besides the dangers of the elective
system in itself. The Polish laws, which subjected the election

DEMOCRACY IN AMERICA

131

of the sovereign to the veto of a single individual, suggested
the murder of that individual or prepared the way to anarchy.

In the exariination of the institutions and the political as
well as social coiidition of the United States, we are struck by
the admirable harmony of the gifts of fortune and the efforts
of man. The nation possessed two of the main causes of in-
ternal peace ; it was a new country, but it was inhabited by a
people grown old in the exercise of freedom. America had no
hostile neighbors to dread ; and the American legislators, prof-
iting by these favorable circumstances, created a weak and
subordinate executive power which could without danger be
made elective.

It then only remained for them to choose the least dangerous
of the various modes of election; and the rules which they
laid down upon this point admirably correspond to the secur-
ities which the physical and political constitution of the country
already afforded. Their object was to find the mode of election
which would best express the choice of the people with the
least possible excitement and suspense. It was admitted in
the first place that the simple majority should be decisive ; but
the difficulty was to obtain this majority without an interval
of delay which it was most important to avoid. It rarely hap-
pens that an individual can at once collect the majority of the
suffrages of a great people ; and this difficulty is enhanced in
a republic of confederate States, where local influences are apt
to preponderate. The means by which it was proposed to ob-
viate this second obstacle was to delegate the electoral powers
of the nation to a body of representatives. This mode of elec-
tion rendered a majority more probable; for the fewer the
electors are, the greater is the chance of their coming to a
final decision. It also offered an additional probability of a
judicious choice. It then remained to be decided whether this
right of election was to be entrusted to a legislative body, the
habitual representative assembly of the nation, or whether an
electoral assembly should be formed for the express purpose of
proceeding to the nomination of a President. The Americans
chose the latter alternative, from a belief that the individuals
who were returned to make the laws were incompetent to rep-
resent the wishes of the nation in the election of its chief
magistrate ; and that, as they are chosen for more than a year,
the constituency they represent might have changed its opinion

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in that time. It was thought that if the legislature was em-
powered to elect the head of the executive power, its members
would, for some time before the election, be exposed to the
manoeuvres of corruption and the tricks of intrigue; whereas
the special electors would, like a jury, remain mixed up with
the crowd till the day of action, when they would appear for the
sole purpose of giving their votes.

It was therefore established that every State should name
a certain number of electors,?' who in their turn should elect
the President ; and as it had been observed that the assemblies
to which the choice of a chief magistrate had been entrusted in
elective countries inevitably became the centres of passion and
of cabal ; that they sometimes usurped an authority which did
not belong to them ; and that their proceedings, or the uncer-
tainty which resulted from them, were sometimes prolonged
so much as to endanger the welfare of the State, it was de-
termined that the electors should all vote upon the same day,
without being convoked to the same place.w This double
election rendered a majority probable, though not certain ; for
it was possible that as many differences might exist between
the electors as between their constituents. In this case it was
necessary to have recourse to one of three measures ; either to
appoint new electors, or to consult a second time those already
appointed, or to defer the election to an^^iher authority. The
first two of these alternatives, independently of the uncertainty
of their results, were likely to delay the final decision, and to
perpetuate an agitation which must always be accompanied
with danger. The third expedient was therefore adopted, and
it was agreed that the votes should be transmitted sealed to the
President of the Senate, and that they should be opened and
counted in the presence of the Senate and the House of Repre-
sentatives. If none of the candidates has a majority, the House
of Representatives then proceeds immediately to elect a Presi-
dent, but with the condition that it must fix upon one of the
three candidates who have the highest numbers.*

V As many as it sends members to
Congress. The number of electors at
the election of 1833 was 288. (See " The
National Calendar," 1833.)

w The electors of the same State as-
semble, but they transmit to the central
government the list of their individual
votes, and not the mere result of the
vote of the majority.

X Tn this case it is the majority of
the States, and not the majority of the
^^nembers, which decides the question;

so that New York has not more influ-
ence in the debate than Rhode Island.
Thus the citizens of the Union are first
consulted as members of one and the
same community; and, if they cannot
agree, recourse is had to the division of
the States, each of which has a separate
and independent vote. This is one of
the singularities of the Federal Consti-
tution which can only be explained by
the jar of conflicting interests.

DEMOCRACY IN AMERICA

133

Thus it is only in case of an event which cannot often hap-
pen, and which can never be foreseen, that the election is en-
trusted to the ordinary representatives of the nation ; and even
then they are obliged to choose a citizen who has already been
designated by a powerful minority of the special electors. It
is by this happy expedient that the respect which is due to the
popular voice is combined with the utmost celerity of execution
and those precautions which the peace of the country demands.
But the decision of the question by the House of Representa-
tives does not necessarily offer an immediate solution of the
difficulty, for the majority of that assembly may still be doubt-
ful, and in this case the Constitution prescribes no remedy.
Nevertheless, by restricting the number of candidates to three,
and by referring the matter to the judgment of an enlightened
public body, it has smoothed all the obstacles y which are not
inherent in the elective system.

In the forty-four years which have elapsed since the pro-
mulgation of the Federal Constitution the United States have
twelve times chosen a President. Ten of these elections took
place simultaneously by the votes of the special electors in the
different States. The House of Representatives has only twice
exercised its conditional privilege of deciding in cases of uncer-
tainty; the first time was at the election of Mr. Jefferson in
1801 ; the second was in 1825, when Mr. Quincy Adams was
named.^

Crisis of the Election

The Election may be considered as a national cr'nis — ^Why? — Passions
of the people — Anxiety of the President — Calm which succeeds the
agitation of the election.

I have shown what the circumstances are which favored the
adoption of the elective system in the United States, and what
precautions were taken by the legislators to obviate its dangers.
The Americans are habitually accustomed to all kinds of elec-
tions, and they know by experience the utmost degree of ex-
citement which is compatible with security. The vast extent
of the country and the dissemination of the inhabitants render
a collision between parties less probable and less dangerous
there than elsewhere. The political circumstances under which

y Jefferson, in 1801, was not elected
until the thirty-sixth time of balloting.

e [General Grant is now (1874) the
eighteenth President of the United
States.]

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hi' »"

,; '

the elections have hitherto been carried on have presented no
real embarrassments to the nation.

Nevertheless, the epoch of the election of a President of the
United States may be considered as a crisis in the affairs of the
nation. The influence which he exercises on public business
is no doubt feeble and indirect ; but the choice of the President,
which is of small importance to each individual citizen, con-
cerns the citizens collectively ; and however trifling an interest
may be, it assumes a great degree of importance as soon as it
becomes general. The President possesses but few means of
rewarding his supporters in comparison to the kings of Europe,
but the places which are at his disposal are sufficiently numer-
ous to interest, directly or indirectly, several thousand electors
in his success. Political parties in the United States are led
to rally round an individual, in order to acquire a more tangible
shape in the eyes of the crowd, and the name of the candidate
for the Presidency is put forward as the symbol and personifi-
cation of their theories. For these reasons parties are strongly
interested in gaining the election, not so much with a view
to the triumph of their principles under the auspices of the
President-elect as to show by the majority which returned him,
the strength of the supporters of those principles.

For a long while before the appointed time is at hand the
election becomes the most important and the all-engrossing
topic of discussion. The ardor of faction is -odoubled; and
all the artificial passions which the imagination can create in
the bosom of a happy and peaceful land are agitated and
brought to light. The President, on the other hand, is ab-
sorbed by the cares of self-defence. He no longer governs for
the interest of the State, but for that of his re-election ; he does
homage to the majority, and instead of checking its passions,
as his duty commands him to do, he frequently courts its worst
caprices. As the election draws near, the activity of intrigue
and the agitation of the populace increase; the citizens are
divided into hostile camps, each of which assumes the name of
its favorite candidate ; the whole nation glows with feverish
excitement ; the election is the daily theme of the public papers,
the subject of private conversation, the end of every thought
and every action, the sole interest of the present. As soon as
the choice is determined, this ardor is dispelled ; and as a
calmer season returns, the current of the State, which had

DEMOCRACY IN AMERICA

»35

nearly broken its banks, sinks to its usual level :« but who can
refrain from astonishment at the causes of the storm.

Re-Election of the President

When the head of the executive power is re-eligible, it is the State
which is the source of intrigue and corruption — The desire of being
re-elected the chief aim of a President of the United States — Disad-
vantage of the system peculiar to America — The natural evil of de-
mocracy is that it subordinates all authority to the slightest desires
of the majority — The re-election of the President encourages this
evil.

It may be asked whether the legislators of the United States
did right or wrong in allowing the re-election of the President.
It seems at first sight contrary to all reason to prevent the head
of the executive power from being elected a second time. The
influence which the talents and the character of a single in-
dividual may exercise upon the fate of a whole people, in critical
circumstances or arduous times, is well known: a law pre-
venting the re-election of the chief magistrate would deprive
the citizens of the surest pledge of the prosperity and the se-
curity of the commonwealth ; and, by a singular inconsistency,
a man would be excluded from the government at the very time
when he had shown his ability in conducting its aflfairs.

But if these arguments are strong, perhaps still more power-
ful reasons may be advanced against them. Intrigue and cor-
ruption are the natural defects of elective government; but
when the head of the State can be re-elected these evils rise
to a great height, and compromise the very existence of the
country. When a simple candidate seeks to rise by intrigue,
his manoeuvres must necessarily be limited to a narrow sphere ;
but when the chief magistrate enters the lists, he borrows the
strength of the government for his own purposes. In the
former case the feeble resources of an individual are in action ;
in the latter, the State itself, with all its immense influence, is
busied in the work of corruption and cabal. The private citizen,
who employs the most immoral practices to acquire power,
can only act in a manner indirectly prejudicial to the public
prosperity. But if the representative of the executive descends
into the combat, the cares of government dwindle into second-

o [Not always. The election of President Lincoln was the signal of civil
war. — Translator's Note.}

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DE TOCQUEVILLE

rate importance, and the success of his election is his first con-
cern. All laws and all the negotiations he undertakes arc to
him nothing more than electioneering schemes; places be-
come the reward of services rendered, not to the nation, but to
its chief; and the influence of the government, if not injurious
to the country, is at least no longer beneficial to the community
for which it was created.

It is impossible to consider the ordinary course of aflfairs in
the United States without perceiving that the desire of being
re-elected is the chief aim of the President; that his whole
administration, and even his most indifferent measures, tend to
this object; and that, as the crisis approaches, his personal
interest takes the place of his interest in the public good. The
principle of re-eligibility renders the corrupt influence of elec-
tive government still more extensive and pernicious.

In America it exercises a peculiarly fatal influence on the
sources of national existence. Every government seems to be
afflicted by some evil which is inherent in its nature, and the
genius of the legislator is shown in eluding its attacks. A State
may survive the influence of a host of bad laws, and the mischief
they cause is frequently exaggerated; but a law which en-
courages the growth of the canker within must prove fatal in
the end, although its bad consequences may not be immediately
perceived.

The principle of destruction in absolute monarchies lies in
the excessive and unreasonable extension of the prerogative of
the crown ; and a measure tending to remove the constitutional
provisions which counterbalance this influence would be rad-
ically bad, even if its immediate consequences were unattended
with evil. By a parity of reasoning, in countries governed by
a democracy, where the people is perpetually drawing all au-
thority to itself, the laws which increase or accelerate its action
are the direct assailants of the very principle of the government.

The greatest proof of the ability of the American legislators
is, that they clearly discerned this truth, and that they had the
courage to act up to it. They conceived that a certain authority
above the body of the people was necessary, which should
enjoy a degree of independence, without, however, being en-
tirely beyond the popular control ; an authority which would
be forced to comply with the permanent determinations of the
majority, but which would be able to resist its caprices, and to

DEMOCRACY IN AMERICA

«37

refuse its tnost dangerous demands. To this end they centred
the whole executive power of the nation in a single arm ; they
granted extensive prerogatives to the President, and they
armed him with the veto to resist the encroachments of the
legislature.

But by introducing the principle of re-electicn they partly
destroyed their work ; and they rendered the President but little
inclined to exert the great power they had vested in his hands.
If ineligible a second time, the President would be far from
independent of the people, for his responsibility would not be
lessened ; but the favor of the people would not be so necessary
to him as to induce him to court it by humoring its desires. If
re-eligible (and this is more especially true at the present day,
when political morality is relaxed, and when great men are
rare), the President of the United States becomes an easy tool
in the hands of the majority. He adopts its likings and its
animosities, he hastens to anticipate its wishes, he forestalls its
complaints, he yields to its idlest cravings, and instead of guid-
ing it, as the legislature intended that he should do, he is ever
ready to follow its bidding. Thus, in order not to deprive the
State of the talents of an individual, those talents have been
rendered almost useless; and to reserve an expedient for ex-
traordinary perils, the country has been exposed to daily
dangers.

Federal Courts &

Political importance of the judiciary in the United States — Difficulty
of treating this subject — Utility of judicial powei in confederations
— What tribunals could be introduced into the Union — Necessity of
establishing federal courts of justice — Organization of the national
judiciary — The Supreme Court — In what it differs from all known
tribunals.

I have inquired into the legislative and executive power of
the Union, and the judicial power now remains to be examined ;
but in this place I cannot conceal my fears from the reader.
Their judicial institutions exercise a great influence on the
condition of the Anglo-Americans, and they occupy a promi-

ftSee chap. VT, entitled "Judicial
Power in the United States." This
chapter explains the general principles
of the American theory of judicial insti-
tutions. See also the Federal Constitu-
tion, Art. 3. See "The Federalist,"
Nos. 78-83, inclusive: and a work enti-
tled " Constitutional Law," being a

view of tht practice and jurisdiction of
the courts of the United States, by
Thomas Sergeant. See Story, pp. 134,
162, 489, 511, 581, 668; and the organic
law of September 24, 1789, in the "^Col-
lection of the Laws of the United
States," by Story, vol. i. p. 53.

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DE TOCQUEVILLE

nent place amongst what are probably called political institu-
tions : in this respect they are peculiarly deserving of our atten-
tion. But I am at a loss to explain the political action of the
American tribunals without entering into some technical de-
tails of their constitution and their forms of proceeding; and
I know not how to descend to these minutiae without wearying
the curiosity of the reader by the natural aridity of the subject,
or without risking to fall into obscurity through a desire to be
succinct. I can scarcely hope to escape these various evils;
for if I appear too lengthy to a man of the world, a lawyer may
on the other hand complain of my brevity. But these are the
natural disadvantages of my subject, and more especially of
the point which I am about to discuss.

The great difficulty was, not to devise the Constitution to
the Federal Government, but to find out a method of enforcing
its laws. Governments have in general but two means of over-
coming the opposition of the people they govern, viz., the physi-
cal force which is at their own disposal, and the moral force
which they derive from the decisions of the courts of justice.

A government which should have no other means of exacting
obedience than open war must be very near its ruin, for one
of two alternatives would then probably occur: if its authority
was small and its character temperate, it would not resort to
violence till the last extremity, and it would connive at a num-
ber of partial acts of insubordination, in which case the State
would gradually fall into anarchy; if it was enterprising and
powerful, it would perpetually have recourse to its physical
strength, and would speedily degenerate into a military despot-
ism. So that its activity would not be less prejudicial to the
community than its inaction.

The great end of justice is to substitute the notion of right
for that of violence, and to place a legal barrier between the
power of the government and the use of physical force. The
authority which is awarded to the intervention of a court of
justice by the general opinion of mankind is so surprisingly
great that it clings to the mere formalities of justice, and gives
a bodily influence to the shadow of the law. The moral force
which courts of justice possess renders the introduction of
physical force exceedingly rare, and is very frequently sub-
stituted for it ; but if the latter proves to be indispensable, its
power is doubled by the association of the idea of law.

DEMOCRACY IN AMERICA

«39

A federal government stands in greater need of the support
of judicial institutions than any other, because it is naturally
weak and exposed to formidable opposition.f If it were always
oHiged to resort to violence in the first instance, it could not
fulfil its task. The Union, therefore, required a national ju-
diciary to enforce the obedience of the citizens to the laws,
and to repeal the attacks which might be directed vigainst them.
The question then remained as to what tribunals were to exer-
cise these privileges ; were they to be entrusted to the courts
of justice which were already organized in every State? or was
it necessary to create federal courts? It may easily be proved
that the Union could not adapt the judicial po ver of the States
to its wants. The separation of the judiciary from the admin-
istrative power of the State no doubt aflFects the security of
every citizen and the liberty of all. But it is no less important
to the existence of the nation that these several powers should
have the same origin, should follow the same principles, and
act in the same sphere ; in a word, that they should be correla-
tive and homogeneous. No one, I presume, ever suggested
the advantage of trying offences committed in France by a
foreign court of justice, in order to secure the impartiality of the
judges. The Americans form one people in relation to their
Federal Government; but in the bosom of this people divers
political bodies have been allowed to subsist which are de-
pendent on the national Government in a few points, and inde-
pendent in all the rest ; which have all a distinct origin, maxims
peculiar to themselves, and special means of carrying on their
affairs. To entrust the execution of the laws of the Union to
tribunals instituted by these political bodies would be to allow
foreign judges to preside over the nation. Nay, more ; not only
is each State foreign to the Union at large, but it is in perpetual
opposition to the common interests, since whatever authority
the Union loses turns to the advantage of the States. Thus to
enforce the laws of the Union by means of the tribunals of the
States would be to allow not only foreign but partial judges to
preside over the nation.

But the number, still more than the mere character, of the

,1 l-i

c Federal laws arc those which most
reauire courts of justice, and those at
the same time which have most_ rarely
established them. The reason is that
confederations have usually been formed
by independent States, which enter-

tained no real intention of obeying the
central Government, and which very
readily ceded the right of command
to the federal executive, and very pru-
dently reserved the right of non-com-
pliance to themselves.

140

DE TOCQUEVILLE

tribunals of the States rendered them unfit for the S( •' ; of
the nation. When the Federal Constitution was formca iicre
were already thirteen courts of justice in the United States
which decided causes without appeal. That number is now
increased to twenty-four. To suppose that a State can subsist
when its fundamental laws may be subjected to four-and-twenty
different interpretations at the same time is to advance a propo-
sition alike contrary to reason and to experience.

The American legislators thereiore agreed to create a federal
judiciary power to apply the laws of the Union, and to de-
termine 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 ap-
pended to it, which were empowered to decide causes of small
importance without appeal, and with appeal causes of more
magnitude. The members of the Supreme Court are named
neither by the people nor the legislature, but by the President of
the United States, acting with the advice of the Senate. In
order to render them independent of the other authorities, their
office was made inalienable ; and it was determined that their
salary, when once fixed, should not be altered by the legisla-
ture.d It was easy to proclaim the principle of a Federal judi-
ciary, but difficulties multiplied when the extent of its jurisdic-
tion was to be determined.

dThe Union was divided into dis-
tricts, in each of which a resident Fed-
eral judge was appointed, and the court
in which he presided was termed a
" District Court." Each of the judges
of the Supreme Court annually visits
a certain portion of the Republic, in
order to try the most important causes
upon the spot; the court presided over
by this magistrate is styled a " Circuit
Court." Lastly, all the most serious
cases of litigation are brought before
the Supreme Court, which holds a sol-
emn session once a year, at which all
the judges of the Circuit Courts must
attend. The jury was introduced into

the Federal Courts in the same manner,
•nd in the same cases, as into the courts
of the States.

It wilt be observed that no analogy
exists between the Supreme Court of
the United States and tne French Cour
de Cassation, since the latter only hears
appeals «n questions of law. Xhe Su-
preme Court decides upon the evidence
of the fact as well as upon the law of
the case, whereas the Cour de Cassa-
tion does not pronounce a decision of
its own, but refers the cause to the ar-
bitration of another tribunal. See the
law of September 24, 1789, " Laws of the
United States," by Story, vol. i. p. 53.

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DEMOCUACY IN AMERICA

141

MkANS ok DkTERMINING the JUKISDICTION OF THE FeUERAL

Courts

Difficulty of determining the jurisdiction of separate courts of justice
in confederations — The courts of the Union obtained the right of
fixing their own jurisdiction — In what respect this rule attacks the
portion of sovereignty reserved to the several States — The sover-
eignty of these States restricted by the laws, and the interpretation
of the laws — Consequently, the danger of the several States is more
apparent than real.

As the Constitution of the United States recognized two
distinct powers in presence of each other, represented in a
judicial point of view by two distinct classes of courts of justice,
the utmost care which could be taken in defining their separate
jurisdictions would have been insufficient to prevent frequent
collisions between those tribunals. The question then arose to
whom the right of deciding the competency of each court was
to be referred.

In nations which constitute a single body politic, when a
question is debated between two courts relating to their mutual
jurisdiction, a third tribunal is generally within reach to decide
the difference ; and this is effected without difficulty, because
in these nations the questions of judicial competency have no
connection with the privileges of the national supremacy. But
it was impossible to create an arbiter between a superior court
of the Union and the superior court of a separate State which
would not belong to one of these two classes. It was, therefore,
necessary to allow one of these courts to judge its own cause,
and to take or to retain cognizance of the point which was con-
tested. To grant this privilege to the different courts of the
States would have been to destroy the sovereignty of the Union
de facto after having established it de jure; for the interpreta-
tion of the Constitution would soon have restored that portion
of independence to the States of which the terms of that act
deprived them. The object of the creation of a Federal tribunal
was to prevent the courts of the States from deciding questions
affecting the national interests in their own department, and so
to form a uniform body of jurisprudene for the interpretation
of the laws of the Union. This end would not have been ac-
complished if the courts of the several States had been compe-
tent to decide upon cases in their separate capacities from which
they were obliged to abstain as Federal tribunals. The Supreme

'U'

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142

DE TOCQUEVILLE

Court of the United States was therefore invested with the
right of determining all questions of jurisdiction.^

This was a severe blow upon the independence of the States,
which was thus restricted not omy by the laws, b'lt by the in-
terpretation of them ; by one limit which was known, and by
another which was dubious ; by a rule which was certain, and
a rule which was arbitrary. It is true the Constitution had laid
down the precise limits of the Federal supremacy, but when-
ever 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 strength of the
country is vested in the provincial far more than in the Federal
Government. The Federal judges are conscious of the relative
weakness of the power in whose name they act, and they are
more inclined to abandon a right of jurisdiction in cases where
it is justly their own than to assert a privilege to which they
have no legal claim.

■ 1}

Different Cases of Jurisdiction

The matter and the party are the first conditions of the Federal jurisdic-
tion — Suits in which ambassadors are engaged — Suits of the Union
— Of a separate State — By whom tried — Causes resulting from the
laws of the Union — Why judged by the Federal tribunals — Causes
relating to the performance of contracts tried by the Federal
courts — Consequence of this arrangement.

After having appointed the means of fixing the competency
of the Federal courts, the legislators of the Union defined the
cases which should come within their jurisdiction. It was es-
tablished, on the one hand, that certain parties must always be
brought before the Federal courts, without any regard to the
special nature of the cause; and, on the other, that certain
causes must always be brought before the same courts, without
any regard to the quality of the parties in the suit. These dis-
tinctions were therefore admitted to be the basis of the Federal
jurisdiction.

e In order to diminish the number
of these suits, it was decided that in a
great many Federal causes the courts
of the States should be empowered to
decide conjointly with those of the
TJnion, the losin^; party having then a
right of appeal to the Supreme Court
of the United States. The Supreme

Court of Virginia contested the right
of the Supreme Court of the United
States to judge an appeal from its decis-
ions, but unsucces.-fully. See " Kent's
Commentaries," vol. i. p. 300, pp. 370
et scq.; Story's " Commentaries," p.
646; and "The Organic Law of the
United States," vol i. p. 35.

i: .'

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DEMOCRACY IN AMERICA

Ambassadors are the representatives of nations in a state of
amity with the Union, and whatever concerns these personages
concerns in some degree the whole Union. When an ambassa-
dor is a party in a suit, that suit affects the welfare of the nation,
and a Federal tribunal is naturally called upon to decide it.

The Union itself may be invoked in legal proceedings, 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 affairs.

When two parties belonging to two different States are en-
gaged in a suit, the case cannot with propriety be brought before
a court of either State. The surest expedient is to select a
tribunal like that of the Union, which can excite the suspicions
of neither party, and which offers the most natural as well as the
most certain remedy.

When the two parties are not private individuals, but States,
an important political consideration is added to the same motive
of equity. The quality of the parties in this case gives a national
importance to all their disputes ; and the most trifling litigation
of the States may be said to involve the peace of the whole
Union.^

The nature of the cause frequently prescribes the rule of
competency. Thus all the questions which concern maritime
commerce evidently fall under the cognizance of the Federal
tribunals.g Almost all these questions are connected with the
interpretation of the law of nations, and in this respect they
essentially interest the Union in relation to foreign powers.
Moreover, as the sea is not included within the limits of any
peculiar jurisdiction, the national courts can only hear causes
which originate in maritime affairs.

The Constitution comprises under one head almost all the
cases which by their very nature come within the limits of the
Federal courts. The rule which it lays down is simple, but

f The Constitution also says tliat the
Federal courts shall decide controver-
sies between a State and the citizens of
another State." And here a most im-
portant question of a constitutional nat-
ure arose, which was, whether the jur-
isdiction given by the Constitution in
cases in which a State is a party extend-
ed to suits brought against a State as
well as hy it, or was exclusively con-
fined to the latter. The question was
jnost elaborately considered in the case

of Chisholm v. Georgia, and was decided
by the majority of the Supreme Court
in the affirmative. The decision cre-
ated general alarm among the States,
and an amendment was proposed and
ratified by which the power was entirely
taken away, so far as it rectirds suits
brought against a State. See Story's
" Commentaries," p. 624, or in the large
edition §1677.
g As for instance, all cases of piracy.

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144

DE TOCQUEVILLE

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 equity arising under
the laws of the United States.

Two examples will put the intention 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
interested parties refuse to comply because it is contrary to the
Constitution, the case must come before a Federal court, be-
cause it arises under the laws of the United States. Again, if
difficulties arise in the levying of import duties which have been
voted by Congress, the Federal court must decide the case, be-
cause 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 es-
tablished in 1789, possesses, it is true, a limited supremacy ; but
it was intended that within its limits it shoulti lorm one and the
same people.^ Within those limits the Union is sovereign.
When this point is established and admitted, the inference is
easy ; for if it be acknowledged that the United States consti-
tute one and the same people within the bounds prescribed by
their Constitution, it is impossible to refuse them the rights
which belong to other nations. But it has been allowed, from
the origin of society, that every nation has the right of deciding
by its own courts those questions which concern the execution
of its own laws. To this it is answered that the Union is in so
singular a position that in relation to some matters it consti-
tutes a people, and that in relation to all the rest it is a nonentity.
But the inference to be drawn is, that in the laws relating to
these matters the Union possesses all the rights of absolute
sovereignty. The difficulty is to know what these matters are ;
and when once it is resolved (and we have shown how it was
resolved, in speaking of the means of determining the jurisdic-
tion of the Federal courts) no further doubt can arise; for as
soon as it is established that a suit is Federal — that is to say.

h This principle was in some measure
restricted by the introduction of the
several States as independent powers
into the Senate, and by allowinR them
to vote separately in the House of Rep-

resentatives when the President is elect-
ed by that body. But these are excep-
tions, and the contrary principle is the
rule.

DEMOCRACY IN AMERICA

»45

that it belongs to the share of sovereignty reserved by the Con-
stitution of the Union- -the natural consequence is that it should
come within the jurisdiction of a Federal court.

Whenever the laws of the United States are attacked, or
whenever they are resorted to in self-defence, the Federal courts
must be appealed to. Thus the jurisdiction of the tribunals of
the Union extends and narrows its limits exactly in the same
ratio as the sovereignty of the Union augments or decreases.
We have shown that the principal aim of the legislators of 1789
was to divide the sovereign authority into two parts. In the one
they placed the control of all the general interests of the Union,
in the other the control of the special interests of its component
States. Their chief solicitude was to arm the Federal Govern-
ment with sufficient power to enable it to resist, within its sphere,
the encroachments of the several States. As for these com-
munities, the principle of independence within certain limits of
their own was adopted in their behalf ; and they were concealed
from the inspection, and protected from the control, of the cen-
tral Government. In speaking of the division of authority, I
observed that this latter principle had not always been held
sacred, since the States are prevented from passing certain laws
which apparently belong to their own particular sphere of in-
terest. When a State of the Union passes a law of this kind,
the citizens who are injured by its execution can appeal to the
Federal courts.

Thus the jurisdiction of the Federal 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 t*i2 .several States in
opposition to the Constitution. The States a.>- p'-ohibited from
making ex post facto laws in criminal c^se; , nid p.ny person
condemned by virtue of a law of this kind csr> apf e'!^ to the
judicial power of the Union. The Stf>/^o:s are lik wis^ pro-
hibited from making laws which may have a tenden-^y to im-
pair the obligations of contracts.* If a citizen thinks that an

i. It is perfectly clear, says Mr. Story
(" Commentaries," p. 503, or in the

large edition f 1379), that any law which
enlarges, abridges, or in any manner
changes the intention of the parties, re-
sulting from the stipulations in the con-
tract, necessarily impairs it. He gives
in the same place a very long and care-
ful definition of whnt is understood by
a contract in Federal jurisprudence. _A
grant made by the State to a private in-
dividual, and accepted by him, is a
Contract, and cannot be revoked by any

Vol. I— 10

future Jaw. A ci arter granted by the
State to a company is a contract, and
equally binding to the State as to the
grantee. The clause of the Constitu-
tion here referred to insures, therefore,
the existence of a great part of acquired
rights, but not ol all. Property may
legally be held, though it may not have
passed into the possessor's hands by
means of a contract; and its. r^ossessioh
is an acquired right, not guaranteed by
the Federal Constitution.

'^ 1.1

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146

DE TOCQUEVILLE

obligation of this kind is impaired by a law passed in his State,
he may refuse to obey it, and may appeal to the Federal courts.;'
This provision appears to me to he the most serious attack
upon the independence of the States. The rights 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
thf; central authority.

^ f

Procedure of the Federal Courts

Natural weakness of the judiciary power in confederations — Legis-
lators ought to strive as much as possible to bring private in-
dividuals, and not States, before the Federal Courts — How the
Americans have succeeded in this — Direct prosecution of private
individuals in the Federal Courts — Indirect prosecution of the
States which violate the laws of the Union — The decrees of the Su-
preme Court enervate but do not destroy the provincial laws.

I have shown what the privileges of the Federal courts are,
and it j no less important to point out the manner in which they
are exercised. The irresistible authority of justice in countries
in which the sovereignty in undivided is derived frc n the fact
that the tribunals of those countries represent the entire nation
at issue with the individual against whom their decree is di-
rected, and the idea of power is thus introduced to corroborate
the idea of right. But this is not always the case in countries in

; A remarkable instance of this is
given by Mr. Story (p. 508, or in the
lar(?e edition §1388) : " Dartmouth Col-
lege in New Hampshire had been
founded by a charter granted to certain
individuals before the American Rev-
olution, and its trustees formed a cor-
poration under this charter. The legis-
lature of New Hampshire had, without
the consent of this corporation, passed
an act changing the organization of tho
original provincial charter ot the col-
lege, and transferring all the rights,
privileges, and franchises from the old
charter trustees to new trustees appoint-
ed under the act. The constitutionality
of the act was contested, and, after sol-
emn arguments, it was deliberately held
by the Supreme Court that the t>rovin-
cial charter was a contract within the
meaning of the Constitution (Art. I.
5 10), and that the emendatory act ^yas
utterly void, as impairing the obligation

of that charter. The college was
deemed, like other colleges of private
foundation, to be a private eleemosy-
nary institution, endowed by its charter
vl.h a capacity to take property uncon-
ric-cted with the Government. Its funds
were bestowed upon the faith of the
charter, and those funds consisted en-
tirely of private donations. It is true
that the uses were in some sense public,
that is, for the general benefit, and not
for the mere benefit of the corporators;
but this did not make the corporation
a public corporation. It was a private
institution for general charity. It was
not distinguishable in principle from a
private donation, vested in private tri's-
tees, for a public charity, or for a par-
ticular purpose of beneficence. And
the State itself, if it had bestowed funds
upon a charity of the same naturei
could not resume those funds."

DEMOCRACY IN AMERICA

147

\ }

private

which the sovereignty is divided ; in them the judicial power is
more frequently opposed to a fraction of the nation than to an
isolated individual, and its moral authority and physical strength
are consequently diminished. In federal States the power of
the judge is naturally decreased, and that of the justiciable
parties is augmented. The aim of the legislator in confederate
States ought therefore to be to render the position of the courts
of justice analogous to that which they occupy in countries
where the sovereignty is undivided ; in other words, his efforts
ought constantly to tend to maintain the judicial power of the
confederation as the representative of the nation, and the justici-
able 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 community
is concerned, the Constitution of the United States contrived,
by a master-stroke of policy, that the federal courts, acting in
the name of the laws, should only take cognizance of parties in
an individual capacity. For, as it had been declared that the
Union consisted of one and the same people within the limits
laid down by the Constitution, the in'.erence was that the Gov-
ernment created by this Constitution, and acting within these
limits, was invested with all the privileges of a national gov-
ernment, 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 exfcution of this law of the Union,
exerts its influence not upon a refractory State, but upon the
private taxpayer; and, like the judicial power of other 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 diificulty increases when the proceedings are not
brought forward by but against the Union. The Constitution
recognizes the legislative power of the States ; and a law so en-
acted 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

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148

DE TOCQUEVILLE

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 used the State before a Federal court, which
would have annulled the act, and by this means it would have
adopted a natural course of proceeding; but the judicial power
would have been placed in open hostility to the State, and it was
desirable to avoid this predicament as much as possible. The
Americans hold that it is nearly impossible that a new law
should not impair the interests of some private individual by
its provisions : these private interests are assumed by the Ameri-
can legislators as the ground of attack against such measures
as may be prejudicial to the Union, and it is to these cases that
the protection of the Supreme Court is extended.

Suppose a State vends a certain portion o< its territory to a
company, and that a year afterwards it pr -^ses a law by which
the territory is otherwise disposed of, and that clause of th ^ Con-
stitution which prohibits laws impairing the obligation of con-
tracts violated. When the purchaser under the second act ap-
pears to take possession, the possessor under the first act brings
his action before the tribunals of the Union, and causes the title
of the claimant to be pronounced null and void.^ Thus, in point
of fac'-- the judicial power of the Union is contesting the claims
of the sovereignty of a State; hut it only acts indirectly and
upon a special application of detail: it attacks the law in its
consequences, not in its principle, and it rather weakens than
destroys it.

The last hypothesis that remained was that each State formed
a corporation enjoying a separate existence and distinct civil
rights, an J that it could therefore sue or be sued before a tribu-
nal. Thus a State could bring an action against another State.
In tMs instance the Union was not called upon to contest a pro-
v'.icial law, but to try a suit in which a State was a party. This
suit vi'as perfectly similar to any other cause, except that the
qur>lity of the parties wac different ; and here the danger pointed
out at the Wgininng oi Itiis chapter exists with less chance of
being avoiiTed. The inherent di, .^vantage of the very essence
of Fetleral cotistit'.iions is that they engender parties in the
bosom of the nation which present powerful obstacles to the free
course of justice.

k See Chapter Vt.
Power in America."

on " Judicial t See Kent's " Commentaries," vol. i.

p. 387-

DEMOCRACY IN AMERICA

149

High Rank of the Supreme Court amongst the Great

Powers of State

No nation ever constituted so great a judicial power as the Americans
— Extent of its prerogative — Its political influence — The tranquillity
and the very existence of the Union depend on the discretion of the
seven Federal Judges.

When we have successively examined in detail the organiza-
tion of the Supreme Court, and the entire prerogatives which it
exercises, v^e shall readily admit that a more imposing judicial
power was never constituted by any people. The Supreme
Court is placed at the head of all kncwn tribunals, both by the
nature of its rights and the class of justiciable parties which it
controls.

In all the civilized countries of Europe the Government has
always shown the greatest repugnance to allow the cases to
which it was itself a party to be decided bj the ordinary course
of justice. This repugnance naturally attains its utmost height
in an absolute Government ; and, on the other hand, the privi-
leges of the courts of justice are extended with the increasing
liberties of the people : but no European nation has at present
held that all judicial controversies, without regard to their
origin, can be decided by the judges of common law.

In America this theory has been actually put in practice, and
the Supreme Court of the United States is the sole tribunal of
the nation. Its power extends to all the cases arising under
laws and treaties made by the executive and legislative authori-
ties, to all cases of admiralty and maritime jurisdiction, and in
general to all points which affect the law of nations. It may
even be affirmed that, although its constitution is essentially
judicial, its prerogatives are almost entirely political. Its sole
object is to enforce the execution of the laws of the Union ; and
the Union only regulates the relations of the Government v^^ith
the citizens, and of the nation with Foreign Powers : the rela-
tions of citizens amongst themselves are almost exclusively
regulated by the sovereignty of the States.

A second and still greater cause of the preponderance of this
court ma}' be adduced. In the nations of Europe the courts of
justice are only called upon to try the controversies of private
individuals ; but the Supreme Court of the United States sum-
mons sovereign powers to its bar. When the clerk of the court

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DE TOCQUEVILLE

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 ordinary
body ; and when it is recollected that one of these parties repre-
sents one million, and the other two millions of men, one is
struck by the responsibility of the seven judges whose decision
is about to satisfy or to disappoint so large a number of their
fellow-citizens.

The peace, the prosperity, and the very existence of the
Union are vested in the hands of the seven judges. Without
their active co-operation the Constitution would be a dead let-
ter: the Executive appeals to them for assistance against the
encroachments of the legislative powers; the Legislature de-
mands their protection from the designs of the Executive ; they
defend the Union from the disobedience of the States, the States
from the exaggerated claims of the Union, the public interest
against the interests of private citizens, and the conservative
spirit of order against the fleeting innovations of democracy.
Their power is enormous, but it is clothed in the authority of
public opinion. They are the all-powerful guardians of a people
which respects law, but they would be impotent against popular
neglect or popular contempt. The force of public opinion is the
most intractable of agents, because its exact limits cannot be
defined ; and it is not less dangerous to exceed than to remain
below the boundary prescribed.

The Federal judges must not only be good citizens, and men
possessed of that information and integrity which are indis-
pensable to magistrates, but they must be statesmen — politi-
cians, not unread in the signs of the times, not afraid to brave
the obstacles which can be subdued, nor slow to turn aside such
encroaching elements as may threaten the supremacy of the
Union and the obedience which is due to the laws.

The President, who exercises a limited power, may err with-
out causing great mischief in the State. Congress may decide
amiss without destroying the Union, because the electoral body
in which Congress originates may cause it to retract its decision
by changing its members. But if the Supreme Court is ever
composed of imprudent men or bad citizens, the Union may be
plunged into anarchy or civil war.

The real cause of this danger, however, does not He in the
constitution of the tribunal, but in the very nature of Federal

DEMOCRACY IN AMERICA

»5«

Governments. We have ibserved that in confederate peoples it
is especially necessary to consolidate the judicial authority, be-
cause in no other nations do those independent persons who are
able to cope with the social body exist in greater power or in a
better condition to resist the physical strength of the Govern-
ment. But the more a power requires to be strengthened, the
more extensive and independent it must be made; and the
dangers which its abuse may create are heightened by its inde-
pendence and its strength. The source of the evil is not, there-
fore, in the constitution of the power, but in the constitution of
those States which render its existence necessary.

In what Respects the Federal Constitution is Superior
to that of the states

In what respects the Constitution of the Union can be compared to that
of the States — Superiority of the Constitution of the Union attribu-
table to the wisdom of the Federal legislators — ^Legislature of the
Union less dependent on the people than that of the States — Ex-
ecutive power more independent in its sphere — ^Judicial power less
subjected to the inclinations of the majority — Practical consequence
of these facts — The dangers inherent in a democratic government
eluded by the Federal legislators, and increased by the legislators
of the States.

The Federal Constitution differs essentially from that of the
States in the ends which it is intended to accomplish, but in the
means by which these ends are promoted a greater analogy ex-
ists between them. The objects of the Governments are differ-
ent, but their forms are the same ; and in this special point of
view there is some advantage in comparing them together.

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 that this is only a secondary cause of its
superiority, when we recollect that eleven new States" have
been added to the American Confederation since the promulga-
tion of the Federal Constitution, and that these new republics
have always rather exaggerated than avoided the defects which
existed in the former Constitutions.

n [The number of States has now risen to 46 (1874), besides the District of
Columbia.]

1 '

153

DK TOCQUEVILLE

I Jifr

Tlu' chief cause of the superiority of tlie Federal C'otistituiion
lay in the character of the legislators who coiiiposetl it. At
the time when it was formed the daiij;ers of the Confederation
were imminent, and its ruin seemed inevitable. In this ex-
tremity the people chose the men who most deservd the es-
teem, rather than those who had gained the affections, of the
country. I have already observed that distinguished as almost
all the legislators of the Union were for their inteiligviKi-, they
were .s»'ll more so for their patriotism. They had all been nur-
tured at a time when the .spirit of liberty was braced by a con-
tinual struggle again.st a powerful and predominant authority.
When the contest was terminated, whilst the excited passions
of the populace persisted in warring with dangers which had
ceased to threaten them, these men stopped short in their career ;
they cast a calmer and more penetrating look upon the country
which was now their own ; they perceived that the war of inde-
pendence was definitely ended, and that the only dangers which
America had to fear were those which might result from the
abuse of the freedom she had won. They had the courage to
say what they believed to be true, because they were animated
by a warm and sincere love of liberty ; and they venturctl to pro-
pose restrictions, because they were resolutely opposed to de-
struction.o

The greater number of the Constitutions of the States assign
one year for the duration of the House of Representatives, and

o Al this time Aloxntidcr Hamilton,
who wr.s one o( the priiiciii.il (uunders
of tlic C'onstitution, ventured to express
the folIowinR scirtiments in " The FcU-
cMlisf," No. 71:—

" There arc some who wouhl he in-
clitu'il to rcRnnl the servile pli.nncy of
the Kxccutive vo a prevailinR current,
cither in the community or in the Lctris-
l.iture, as its best recommendation. Hut
such men entertain very crude notions,
as well of the purposes for which rov-
ernment was instituted as of the true
means by which the public happiness
may he promoted. The Repunlican
principle demands th.it the de'U)trative
sense of the community should Rovern
the conduct of those to whom ♦.hey en-
trust the management of their affairs:
hut it d'-es not require an unqualified
complaisance to every sudden breeze tif
passion, or to every transient impulse
which the people may receive from the
arts of men who flatter their prejudices
to betray their interests. It is a just
observation, that the people commonly
iti(i-m/ the public good. This often applies
to their very errors. Hut their good
sense would despise the adulator who

should |>refcnd that they always reason
rieht about the mcims of proniotinK it.
They know from experience that lliey
.sometiuH's err; and tlif wonder is tlint
they so seldom err as they do, beset, as
they continually arc, by the wiU-i of par-
asites and sycophants; by the snares of
the ambitious, the avaricious, the des-
perate; by the artifices of men who pos-
sess their confidence more than they
deserve it, and of those who seek to pos-
sess rather than to deserve it. VVhcn
occasions present themselves in which
the interests of the people are at vari-
ance with their inclinations, it is the
duty of persons whom they have ap-
pointed to be the guardians of those in-
terests to withstand the temporary de-
Iu.<sion, in order to give them time and
opportunity for more cool and sed.ite
reflection. Instances might be cited in
which a conduct of this kind has saved
the people from very fatal consequences
of their own mistakes, and has procured
lasting monuments of their gratitude to
the men who had courage and magnani-
mity enough to serve them at the peril
of their displeasure."

DliMOCRACY IN AMERICA

»53

two years for that of the Senate ; so that members of the legis-
lative hufly are constantly and narrowly tied down by the slight-
est desires of iheir awistitucnls. The legislators of the Union
W'Tc of opinion that this excessive depetidence of the Legisla-
ture 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 peojjie. They increased
the length of the time for which the repri sentatives were re-
turned, in order to give them freer scope for the exercise of their
own judgment.

The Federal Constitution, as well as the Constitutions of the
different States, divided the legislative body into two branches.
Ikit in the States these two branches were composed of the
same elements, afid eki ted in the .^amc maimer. The con.se-
quciice was that the passions and incli' is of the populace

were as rapidly and as energetically rep iled in (jne chaml>er
as in the other, and that laws were made with all the charac-
teristics of violence and precipitalii-n. l.y the Federal Con.stitu-
tion the two houses originate in like manner in the choice of the
peo])le; but the conditions of eligibility and the mode of elec-
tion were changed, to the end that, if, as is the case in certain
nations, one branch of the Legislature represents the same in-
terests as the other, it may at least represent a superior degree
of intelligence and discretion. A mature age was made one of
the conditions of the senatorial dignity, and the Upper House
was chosen by an elected assembly of a limited number of mem-
bers.

To concentrate the whole social force in the hands of the
legislative body is the natural tendency of democracies ; for as
this is the power which emanates the most directly from the
people, it is made to participate most fully in the preponderating
authority of the multitude, and it is naturally led to monopolize
every species of influence. This concentration is at once preju-
dicial to a well-conducted administration, and favorable to the
despotism of the majority. The legislators of the States fre-
quently yielded to these democratic propensities, which were in-
variably and courageously resisted by the founders of the Union.

In the States the executive power is vested in the hands of a
magistrate, who is apparently placed upon a level with the Leg-
islature, but who is in reality nothing more than the blind agent
and the passive instrument of its decisions. He can derive no

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DE TOCQUEVILLE

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influence from the duration of his functions, which terminate
with the revolving year, or from the exercise of prerogatives
which can scarcely be said to exist. The Legislature can con-
demn him to inaction by intrusting the execution of the laws
to special committees of its own members, and can annul his
temporary dignity by depriving him of his salary. The Federal
Constitution vests all the privileges and all the responsibility of
the executive power in a single individual. The duration of the
Presidency is fixed at four years ; the salary of the individual
who fills that office cannot be altered during the term of his
functions ; he is protected by a body of official dependents, and
armed with a suspensive veto. In short, every effort was made
to confer a strong and independent position upon the executive
authority within the limits which had been prescribed to it.

In the Constitutions of all the States the judicial power is
that which remains the most independent of the legislative au-
thority; nevertheless, in all the States the Legislature has re-
served to itself the right of regulating the emoluments of the
judges, a practice which necessarily subjects these magistrates
to its immediate influence. In some States the judges are only
temporarily appointed, which deprives them of a great portion
of their power and their freedom. In others the legislative and
judicial powers are entirely confounded; thus the Senate of
New York, for instance, constitutes in certain cases the Su-
perior Court of the State. The Federal Constitution, on the
other hand, carefully separates the judicial authority from all
external influences ; and it provides for the independence of the
judges, by declaring that their salary shall not be altered, and
that their functions shall be inalienable.

The practical consequences of these different systems may
easily be perceived. An attentive observer will soon remark
that the business of the Union is incomparably better con-
ducted than that of any individual State. The conduct of the
Federal Government is more fair and more temperate than that
of the States, its designs are more fraught with wisdom, its pro-
jects are more durable and more skilfully 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,
viz., the complete subjection of the legislative body to the ca-
prices of the electoral body, and the concentration of all the

DEMOCRACY IN AMERICA

powers of the Government in the legislative authority. The
growth of these evils has been encouraged by the policy of the
legislators of the States, but it has been resisted by the legisla-
tors of the Union by every means which lay within their con-
trol.

Characteristics which Distinguish the Federal Con-
stitution OF the United States of America from all
other Federal Constitutions

American Union appears to resemble all other confederations — Never-
theless its effects are different — Reason of this — Distinctions between
the Union and all other confederations — ^The American Govern-
ment not a federal but an imperfect national Government.

The United States of America do not afford either the first or
the only instance of ccnfederate States, several of which have
existed in modern Europe, without adverting to those of an-
tiquity. Switzerland, the Germanic Empire, and the Republic
of the United Provinces either have been or still are confedera-
tions. In studying the constitutions of these different coun-
tries, the politician is surprised to observe that the powers with
which they invested the Federal Government are nearly iden-
tical with the privileges awarded by the American Constitution
to the Government of the United States. They confer upon the
central power the same rights of making peace and war, of rais-
ing money and troops, and of providing for the general exigen-
cies and the common interests of the nation. Nevertheless the
Federal Government of these diflferent peoples has always been
as remarkable for its weakness and inefficiency as that of the
Union is for its vigorous and enterprising spirit. Again, the
first American Confederation perished through the excessive
weakness of its Government ; and this weak Government was,
notwithstanding, in possession of rights even more extensive
than those of the Federal Government of the present day. But
the more recent Constitution of the United States contains cer-
tain principles which exercise a most important influence, al-
though 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 been formed before the American Constitution of 1789 the

!i i

V ii

^56

DE TOCQUEVILLE

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 oi the laws of the Union. The
American States which combined in 1789 agreed that the Fed-
eral Government should not only dictate the laws, but that it
should execute it own enactments. In both cases the right is
the same, but the exercise of the right is different ; and this al-
teration produced the most momentous consequences.

In all the 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
measure it prescribed was onerous to any one of those bodies
means were found to evade its claims : if the State was powerful,
it had recourse to arms ; if it was weak, it connived at the re-
sistance which the law of the Union, its sovereign, met with, and
resorted to inaction under the plea of inability. Under these
circumstances one of the two alternatives has invariably oc-
curred ; either the most preponderant of the allied peoples has
assumed the privileges of the Federal authority and ruled all
the States in its name,/' or the Federal Government has been
abandoned by its natural supporters, anarchy has arisen be-
tween the confederates, and the Union has lost all powers of
action.9

In America the subjects of the Union are not States, but
private citizens : the national Government levies a tax, not upon
the State of Massachusetts, but upon each inhabitant of Massa-
chusetts. All former confederate governments presided over
communities, but that of the Union rules individuals ; its force
is not borrowed, but self-derived ; and it is served by its own
civil and military officers, by its own army, and its own courts
of justice. It cannot be doubted that the spirit of the nation,
the passions of the multitude, and the provincial prejudices of
each State tend singularly to diminish the authority of a Fed-
eral 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 sys-
tem. In America, each State has fewer opportunities of re-

p This was the case in Greece, when
Philip undertook to execute the decree
of the Amphtctyons; in the Low Coun-
tries, 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 influence over the whole
country, in the name of the Diet.

q Such has always been the situation
of the Swiss Confederation, which
would have perished ages ago but for
the mutual jealousies of its neighbors.

■ ■ Xl.J.". J.«-t. l lll

li 1

DEMOCRACY IN AMERICA

>S7

sistance and fewer temptations to non-compliance; nor can
such a design be put in execution (if indeed it be entertained)
without an open violation of the laws of the Union, a direct in-
terruption of the ordinary course of justice, and a bold declara-
tion of revolt ; in a word, without taking a decisive step which
men hesitate to adopt.

In all former confederations the privileges of the Union fur-
nished more elements of discord than of power, since they mul-
tiplied the claims of the nation without augmenting the means
of enforcing them : and in accordance with this fact it may be
remarked that the real weakness of federal governments has
almost always been in the exact ratio of their nominal power.
Such is not the case in the American Union, in which, as in or-
dinary governments, the Federal Government has the means
of enforcing all it is empowered to demand.

The human understanding more easily invents new things
than new words, and we are thence constrained to employ a
multitude of improper and inadequate expressions. When sev-
eral nations form a permanent league and establish a supreme
authority, which, although it has not the same influence over
the members of the community as a national government, acts
upon each of the Confederate States in a body, this Govern-
ment, which is so essentially different from all others, is denom-
inated a Federal one. Another form of society is afterwards
discovered, in which several peoples are fused into one and the
same nation with regard to certain common interests, although
they remain distinct, or at least only confederate, with regard
to all their other concerns. In this case the central power acts
directly upon those whom it governs, whom it rules, and whom
it judges, in the same manner, as, but in a more limited circle
than, a national government. Here the term Federal Govern-
ment is clearly no longer applicable to a state of things which
must be styled an incomplete national Government : a form of
government has been found out which is neither exactly na-
tional nor federal ; but no further progress has been 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 apathy, and the peoples which formed these
leagues have been either too dull to discern, or too pusillanimous

f If

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158

DE TOCQUEVILLE

to apply this great remedy. The American Confederation
perished by the same defects.

But the Confederate States of America had been long ac-
customed to form a portion of one empire before they had won
their independence ; they had not contracted the habit of gov-
erning themselves, and their national prejudices had not taken
deep root in their minds. Superior to the rest of the world in
political knowledge, and sharing 'that knowledge equally
amongst themselves, they were little agitated by the passions
which generally oppose the extension of federal authority in a
nation, and those passions were checked by the wisdom of the
chief citizens. The Americans applied the remedy with pru-
dent firmness as soon as they were conscious of the evil ; they
amended their laws, and they saved their country.

< I

Advantages of the Federal System in General, and its
Special Utility in America

Happiness and freedom of small nations — Power of great nations —
Great empires favorable to the growth of civilization — Strength
often the first element of national prosperity — Aim of the Federal
system to unite the twofold advantages resulting from a small and
from a large territory — Advantages derived by the United States
from this system — The law adapts itself to the exigencies of the
population; population does not conform to the exigencies of the
law — Activity, amelioration, love and enjoyment of freedom in the
American communities — Public spirit of the Union the abstract of
provincial patriotism — Principles and things circulate freely over
the territory of the United States — The Union is happy and free as
a little nation, and respected as a great empire.

In small nations the scrutiny of society penetrates into every
part, and the spirit of improvement enters into the most trifling
details ; as the ambition of the people is necessarily checked by
its weakness, all the efforts and resources of the citizens are
turned to the internal benefit of the community, and are not
likely to evaporate in the fleeting breath of glory. The desires
of every individual are limited, because extraordinary faculties
are rarely to be met with. The gifts of an equal fortune render
the various conditions of life uniform, and the manners of the
inhabitants are orderly and simple. Thus, if one estimate the
gradations of popular morality and enlightenment, we shall
generally find that in small nations there are more persons in

DEMOCRACY IN AMERICA

tS9

easy circumstances, a more numerous population, and a more
tranquil state of society, than in great empires.

When tyranny is established in the bosom of a small nation,
it is more galling than elsewhere, because, as it acts within a
narrow circle, every point of that circle is subject to its direct
influence. It supplies the place of those great designs which it
cannot entertain by a violent or an exasperating interference in
a multitude of minute details ; and it leaves the political world,
to which it properly belongs, to meddle with the arrangements
of domestic life. Tastes as well as actions are to be regulated
at its pleasure; and the families of the citizens as well as the
affairs of the State are to be governed by its decisions. This in-
vasion of rights occurs, however, but seldom, and freedom is in
truth the natural state of small communities. The temptations
which the Government offers to ambition are too weak, and the
resources of private individuals are too slender, for the sovereign
power easily to fall within the grasp of a single citizen ; and
should such an event have occurred, the subjects of the State
can without difficulty overthrow the tyrant and his oppression
by a simultaneous effort.

Small nations have therefore ever been the cradle of political
liberty ; and the fact that many of them have lost their immu-
nities by extending their dominion shows that the freedom they
enjoyed was more a consequence of the inferior size than of the
character of the people.

The history of the world affords no instance of a great nation
retaining the form of republican government for a long series
of years,** and this has led to the conclusion that such a state
of things is impracticable. For my own part, I cannot but cen-
sure the imprudence of attempting to limit the possible and to
judge the future on the part of a being who is hourly deceived
by the most palpable realities of life, and who is constantly taken
by surprise in the circumstances with which he is most familiar.
But it may be advanced with confidence that the existence of
a great republic will always be exposed to far greater perils
than that of a small one.

All the passions which are most fatal to republican institu-
tions spread with an increasing territory, whilst the virtues
which maintain their dignity do not augment in the same pro-

r I do not speak o{ a confederation of small republics, but of a great con-
solidated Republic.

ft A

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DE TOCQUEVILLE

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 stronger
in a large than in a small republic. It might, indeed, be proved
without difficulty that it is less powerful and less sincere. The
arrogance of wealth and the dejection of wretchedness, capital
cities of unwonted extent, a lax morality, a vulgar egotism, and
a great confusion of interests, are the dangers which almost in-
variably arise from the magnitude of States. But several of
these evils are scarcely prejudicial to a monarchy, and some of
them contribute to maintain its existence. In monarchical
States the strength of the government is its own ; it may use,
but it does not depend on, the community, and the authority of
the prince is proportioned to the prosperity of the nation;
but the only security which a republican government possesses
against these evils lies in the support of the majority. This
support is not, however, proportionably greater in a large re-
public than it is in a small one ; and thus, whilst the means of
attack perpetually increase both in number and in influence, the
power of resistance remains the same, or it may rather be said
to diminish, since the propensities and interests of the people
are diversified by the increase of the population, and the diffi-
culty of forming a compact majority is constantly augmented.
It has been observed, moreover, that the intensity of human
passions is heightened, not only by the importance of the end
which they propose to attain, but by the multitude of individ-
uals who are animated by them at the same time. Every one
has had occasion to remark that his emotions in the midst of a
sympathizing crowd are far greater than those which he would
have felt in solitude. In great republics the impetus of politi-
cal passion is irresistible, not only because it aims at gigantic
purposes, but because it is felt and shared by millions of men at
the same time.

It may therefore be asserted as a general proposition that
nothing is more opposed to the well-being and the freedom of
man than vast empires. Nevertheless it is important to 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 of a class of citizens.

'}>

DEMOCRACY IN AMERICA

i6i

who regard the applause of a great people as a reward worthy
of their exertions, and an elevating encouragement to man.
If we would learn why it is that great nations contribute more
powerfully to the spread of human improvement than small
States, we shall discover an adequate cause in the rapid and
energetic circulation of ideas, and in those great cities which are
the intellectual centres where all the rays of human genius are
reflected and combined. To this it may be added that most
important discoveries demand a display of national power
which the Government of a small State is unable to make ; in
great nations the Government entertains a greater number of
general notions, and is more completely disengaged from the
routine of precedent and the egotism of local prejudice ; its de-
signs are conceived with more talent, and executed 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 suffer
more acutely from the calamities of war than those great em-
pires whose distant frontiers may for ages avert the presence
of the danger from the mass of the people, which is therefore
more frequently afflicted than ruined by the evil.

But in this matter, as in many others, the argument derived
from the necessity of the case predominates over all others.
If none but small nations existed, I do not doubt that mankind
would be more happy and more free ; but the existence of great
nations is unavoidable.

This consideration introduces the element of physical
strength as a condition of national prosperity. It profits a peo-
ple but little to be affluent and free if it is perpetually exposed to
be pillaged or subjugated ; the number of its manufactures and
the extent of its commerce are of small advantage if another na-
tion has the empire of the seas anJ si- ves the law in all the mar-
kets of the globe. Small nations aie often impoverished, not
because they are small, but because they are weak ; the great
empires prosper less because they are great than because they
are strong. Physical strength is therefore one of the first con-
ditions of the happiness and even of the existence of nations.
Hence it occurs that, unless very peculiar circumstances inter-
vene, small nations are always united to large empires in the
end, either by force or by their own consent : yet I am unac-

VOL. I.— II

■< ■!

i6a

DE TOCQUEVILLE

. V

quaintcd with a more deplorable spectacle than that of a people
unable either to defend or to maintain its independence.

The Federal system was created with the intention of combin-
ing the different advantages which result from the greater and
the lesser extent of nations; and a single glance over the
United States of America suffices to discover the advantages
which they have derived from its adoption.

In great centralized nations the legislator is obliged to im-
part a character of uniformity to the laws which does not always
suit the diversity of customs and of districts ; as he takes no
cognizance of special cases, he can only proceed upon general
principles; and the population is obliged to conform to the
exigencies of the legislation, since the legislation cannot adapt
itself to the exigencies and the customs of the population, which
is the cause of endless trouble and misery. This disadvantage
does not exist in confederations. Congress regulates the prin-
cipal measures of the national Government, and all the details
of the administration are reserved to the provincial legislatures.
It is impossible to imagine how much this division of sover-
eignty contributes to the well-being of each of the States which
compose the Union. In these small communities, which are
never agitated by the desire of aggrandizement or the cares of
self-defence, all public authority and private energy is employed
in internal amelioration. The central government of each
State, which is in immediate juxtaposition to the citizens, is
daily apprised of the wants which arise in society ; and new pro-
jects are proposed every year, which are discussed either at
town meetings or by the legislature of the State, and which are
transmitted by the press to stimulate the zeal and to excite the
interest of the citizens. This spirit of amelioration is constantly
alive in the American republics, without compromising their
tranquillity ; the ambition of power yields to the less refined and
less dangerous love of comfort. It is generally believed in
America that the existence and the permanence of the republi-
can form of government in the New World depend upon the ex-
istence and the permanence of the Federal system ; and it is
not unusual to attribute a large share of the misfortunes which
have befallen the new States of South America to the injudicious
erection of great republics, instead of a divided and confederate
sovereignty.

It is incontestably true that the love and the habits of repub-

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DEMOCRACY IN AMERICA

163

Hcan government in the United States were engendered in the
townships and in the provincial assemblies. In a small State,
like that of Connecticut for instance, where cutting a canal or
laying down a road is a momentous political question, where
the State has no army to pay and no wars to carry on, and
where much wealth and much honor cannot be bestowed upon
the chief citizens, no form of government can be more natural
or more appropriate than that of a republic. But it is this same
republican spirit, it is these manners and customs of a free peo-
ple, which are engendered and nurtured in the different States,
to be afterwards applied to the country at large. The public
spirit of the Union is, so to speak, nothing more than an ab-
stract of the patriotic zeal of the provinces. Every citizen of
the United States transfuses his attachment to his little republic
in the common store of American patriotism. In defending the
Union he defends the increasing prosperity of his own district,
the right of conducting its affairs, and the hope of causing
measures of improvement to be adopted which may be favor-
able to his own interest ; and these are motives which are wont
to stir men more readily than the general interests of the coun-
try and the glory of the nation.

On the other hand, if the temper and the manners of the in-
habitants especially fitted them to promote the welfare of a
great republic, the Federal system smoothed the obstacles which
they might have encountered. The confederation of all the
American States presents none of the ordinary disadvantages
resulting from great agglomerations of men. The Union is a
great republic in extent, but the paucity of objects for which its
Government provides assimilates it to a small State. Its acts
are important, but they are rare. As the sovereignty of the
Union is limited and incomplete, its exercise is not incompati-
ble with liberty ; for it does not excite those insatiable desires
of fame and power which have proved so fatal to great repub-
lics. As there is no common centre to the country, vast capi-
tal cities, colossal wealth, abject poverty, and sudden revolu-
tions are alike unknown ; and political passion, instead of
spreading over the land like a torrent of desolation, spends its
strength against the interests and the individual passions of
every State.

Nevertheless, all commodities and ideas circulate through-
out the Union as freely as in a country inhabited by one people.

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Nothing checks the spirit of enterprise. Government avails
itself of the assistance of all who have talents or knowledge to
serve it. Within the frontiers of the Union the profoundest
peace prevails, as within the heart of some great empire;
abroad, it ranks with the most powerful nations of the earth ;
two thousand miles of coast are open to the commerce of the
world ; and as it possesses the keys of the globe, its flags is re-
spected in the most remote seas. The Union is as happy an i as
free as a small people, and as glorious and as strong as a great
nation.

Why the Federal System is Not Adapted to All Peoples,
AND How the Anglo-Americans Were Enabled to
Adopt It

Every Federal system contains defects which bafHe the efforts of the
legislator — The Federal system is complex — It demands a daily
exercise of discretion on the part of the citizens — Practical knowl-
edge 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 without
remedying it — The sovereignty of the separate States apparently
weaker, but really stronger, than that of the Union— Why? — Natural
causes of union must exist between confederate peoples besides the
laws — What these causes are amongst the Anglo-Americans — Maine
and Georgia, separated by a distance of a thousand miles, more
naturally united than Normandy and Brittany — War, the main peril
of confederations — This proved even by the example of the United
States — The Union has no great wars to fear — Why? — Dangers to
which Europeans would be exposed if they adopted the Federal sys-
tem of the Americans.

When a legislator succeeds, after persevering efforts, in ex-
ercising an indirect influence upon the destiny of nations, his
genius is lauded by mankind, whilst, in point of fact, the geo-
graphical position of the country which he is unable to change,
a social condition which arose without his co-operation, man-
ners and opinions which he cannot trace to their source, and an
origin with which he is unacquainted, exercise so irresistible an
influence over the courses of society that he is himself borne
away by the current, after an ineffectual resistance. Like the
navigator, he may direct the vessel which bears him along, but
he can neither change its structure, nor raise the winds, nor lull
the waters which swell beneath him.

I have shown the advantages which the Americans derive

lis

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DEMOCRACY IN AMERICA

«65

from their federal system ; it remains for me to point out the
circumstances which rendered that system practicable, as its
benefits are not to be enjoyed by all nations. The incidental
defects of the Federal system which originate in the laws may
be corrected by the skill of the legislator, but there are further
evils inherent in the system which cannot be counteracted by
the peoples which adopt it. These nations must therefore find
the strength necessary to support the natural imperfections of
their Government.

The most prominent evil of all Federal systems is the very
complex nature of the means they employ. Two sovereignties
are necessarily in presence of each other. The legislator may
simplify and equalize the action of these two sovereignties, by
limiting each of them to a sphere of authority accurately de-
fined ; but he cannot combine them into one, or prevent them
from coming into collision at certain points. The Federal sys-
tem therefore rests upon a theory which is necessarily com-
plicated, and which demands the daily exercise of a considerable
share of discretion on the part of those it governs.

A propositon must be plain to be adopted by the understand-
ing of a people. A false notion which is clear and precise will
always meet with a greater number of adherents in the world
than a true principle which is obscure or involved. Hence it
arises that parties, which are like small communities in the
heart of the nation, invariably adopt some principle or some
name as a symbol, which very inadequately represents the end
they have in view and the means which are at their disposal,
but without which they could neither act nor subsist. The
governments which are founded upon a single principle or a
single feeling which is easily defined are perhaps not the best,
but they are unquestionably the strongest and the most durable
in the world.

In examining the Constitution of the United States, which
is the most perfect federal constitution that ever existed, one is
startled, on the other hand, at the variety of information and
the excellence of discretion which it presupposes in the people
whom it is meant to govern. The government of the Union
depends entirely upon legal fictions; the Union is an ideal
nation which only exists in the mind, and whose limits and ex-
tent can only be discerned by the understanding.

When once the general theory is comprehended, numberless

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DE TOCQUEVILLE

difficulties remain to be solved in its application ; for the sov-
ereignty of the Union is so involved in that of the States that it
is impossible to distinguish its boundaries at the first glance.
The whole structure of the Government is artificial and con-
ventional ; and it would be ill adapted to a people which has
not been long accustomed to conduct its own affairs, or to one
in which the scl'»nce of politics has not descended to the hum-
blest classes of iociety. I have never been more struck by the
good sense and the practical judgment of the Americans than
in the ingenious devices by which they elude the numberless
difficulties resulting from their Federal Constitution. I scarcely
ever met with a plain American citizen who could not dis-
tinguish, with surprising facility, the obligations created by the
laws of Congress from those created by the laws of his own
State ; and who, after having discriminated between the mat-
ters which come under the cognizance of the Union and those
which the local legislature is competent to regulate, could not
point out the exact limit of the several jurisdictions of the
Federal courts and the tribunals of the State.

The Constitution of the United States is like those exquisite
productions of human industry which ensure wealth and
renown to their inventors, but which are profitless in any other
hands. This truth is exemplified by the condition of Mexico
at the present time. The Mexicans were desirous of establish-
ing a federal system, and they took the Federal Constitution of
their neighbors, the Anglo-Americans, as their model, and
copied it with considerable accuracy ..s But although they had
borrowed the letter of the law, they were unable to create or
to introduce the spirit and the sense which give it life. They
were involved in ceaseless embarrassments between the me-
chanism of their double government; the sovereignty of the
States and that of the Union perpetually exceeded their respec-
tive privileges, and entered into collision ; and to the present
day Mexico is alternately the victim of anarchy and the slave of
military despotism.

The second and the most fatal of all the defects I have alluded
to, and that which I believe to be inherent in the federal sys-
tem, is the relative weakness of the government of the Union.
The principle upon which all confederations rest is that of a
divided sovereignty. The legislator may render this partition

<See the Mexican Constitution of 1824.

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DEMOCRACY IN AMERICA

167

less perceptible, he may even conceal it for a time from the
public eye, but he cannot prevent it from existing, and a divided
sovereignty must always be less powerful than an entire su-
premacy. The reader has seen in the remarks I have made on
the Constitution of the United States that the Americans have
displayed singular ingenuity in combining the restriction of
the power of the Union within the narrow limits of a federal
government with the semblance and, to a certain extent, with
the force of a national government. By this means the legis-
lators of the Union have succeeded in diminishing, though not
in counteracting the natural danger of confederations.

It has been remarked that the American Government does
not apply itself to the States, but that it immediately transmits
its injunctions to the citizens, and compels them as isolated
individuals to comply with its demands. But if the Federal law
were to clash with the interests and the prejudices of a State,
it might be feared that all the citizens of that State would con-
ceive themselves to be interested in the cause of a single in-
dividual who should refuse to obey. If all the citizens of the
State were aggrieved at the same time and in the same manner
by the authority of the Union, the Federal Government would
vainly attempt to subdue them individually; they would in-
stinctively unite in a common defence, and they would derive a
ready-prepared organization from the share of sovereignty
which the institution of their State allows them to enjoy. Fic-
tion would give way to reality, and an organized 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

t [This is precisely what occurred in
1862, and the following paragraph de-
scribes correctly the feelings ar>d no-
tions of the South. General Lee i.Md
tnat his primary allegiance was due,
not to the Union, but to Virginia.]

u For instance, the Union possesses
by the Contstitution the right of selling
unoccupied lands for its own profit.
Supposing that the State of Ohio
should claim the same right in behalf of
certain territories lying within its boun-
daries, upon the plea that the Constitu-
tion refers to those lands alone which

do not belong to the jurisdiction of any
particular State, and consequently
should choose to dispose of them itself,
the litigation would be carried on in
the names of the purchasers from the
."tate of Ohio and the purchasers from
tht Union, and not in the names of
Oh'o ind the Union. But what would
become of this legal fiction if the Fed-
eral purchaser was confirmed in his
right by the courts of the Union, whilst
the other competitor was ordered to re-
tain possession by the tribunals of the
State of Ohio?

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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 sovereigns less prob-
able, destroyed the cause of such a misfortune. But it may even
be affirmed that they were unable to ensure the preponderance
of the Federal element in a case of this kind. The Union is
possessed of money and of troops, but the affections and the
prejudices of the people are in the bosom of the States. The
sovereignty of the Union is an abstract being, which is con-
nected with but few external objects; the sovereignty of the
States is hourly perceptible, easily understood, constantly
active ; and if the former is of recent creation, the latter is coeval
with the people itself. The sovereignty of the Union is facti-
tious, that of the States is natui al, and derives its existence from
its own simple influence, like the authority of a parent. The
supreme power of the nation only affects a few of the chief
interests of society; it represents an immense but remote
country, and claims a feeling of patriotism which is vague and
ill defined ; but the authority of the States controls every in-
dividual citizen at every hour and in all circumstances ; it pro-
tects his property, his freedom, and his life; and when we
recollect the traditions, the customs, the prejudices of local and
familiar attachment with which it is connected, we cannot doubt
of the superiority of a power which is interwoven with every
circumstance that renders the love of one's native country in-
stinctive in the human heart.

Since legislators are unable to obviate such dangerous col-
lisions as occur between the two sovereignties which coexist
in the federal system, their first object must be, not only
to dissuade the confederate States from warfare, but to en-
courage such institutions as may promote the maintenance of
peace. Hence it results that the Federal compact cannot be
lasting unless there exists in the communities which are leagued
together a certain number of inducements to union which
render their common dependence agreeable, and the task of
the Government light, and that system canr ♦: succeed without
the presence of favorable circumstances added to the influence
of good laws. All the peoples which have ever formed a con-
federation have been held together by a certain number of

DEMOCRACY IN AMERICA

169

common interests, which served as the intellectual ties of asso-
ciation.

But the sentiments and the principles of man must be taken
into consideration as well as* his immediate interests. A cer-
tain uniformity of civilization is not less necessary to the dura-
bility of a confederation than a uniformity of interests in the
States which compose it. In Switzerland the difference which
exists between the Canton of Uri and the Canton of Vaud is
equal to that between the fifteenth and the nineteenth centuries ;
and, properly speaking, Switzerland has never possessed a
federal government. The union between these two cantons
only subsists upon the map, and their discrepancies would soon
be perceived if an attempt were made by a central authority to
prescribe the same laws to the whole territory.

One of the circumstances which most powerfully contribute
to support the Federal Government in America is that the
States have not only similar interests, a common origin, and a
common tongue, but that they are also arrived at the same stage
of civilization ; which almost always renders a union feasible.
I do not know of any European nation, how small soever it
may be, which does not present less uniformity in its different
provinces than the American people, which occupies a territory
as extensive as one-half of Europe. The distance from the
State of Maine to that of Georgia is reckoned at about one
thousand miles ; but the difiference between the civilization of
Maine and that of Georgia is slighter than the difference be-
tween the habits of Normandy and those of Brittany. Maine
and Georgia, which are placed at the opposite extremities of a
great empire, are consequently in the natural possession of
more real inducements to form a confederation than Normandy
and Brittany, which are only separated by a bridge.

The geographical position of the country contributed to
increase the facilities which the American legislators derived
from the manners and customs of the inhabitants ; and it is to
this circumstance that the adoption and the maintenance of the
Federal system are mainly attributable.

The most important 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 na-
tions in the defence of its very existence. The skill of a gov-
ernment, the good sense of the community, and the natural

I "iff '

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DE TOCQUEVILLE

p 1 *n

II i f

fondness which men entertain for their country, may suffice
to maintatin peace in the interior of a district, and to favor its
internal prosperity ; but a nation can only carry on a great war
at the cost of more numerous and more painful sacrifices ; and
to suppose that a great number of men will of their own accord
comply with these exigencies of the State is to betray an igno-
rance of mankind. All the peoples which have been obliged to
sustain a long and serious warfare have consequently been led
to augment the power of their government. Those which have
not succeeded in this attempt have been subjugated. A long
war almost always places nations in the wretched alternative
of being abandoned to ruin by defeat or to despotism by success.
War therefore renders the symptoms of the weakness of a
government most palpable and most alarming; and I have
shown that the inherent defeat of federal governments is that
of being weak.

The Federal system is not only deficient in every kind of
centralized administration, but the central government itself is
imperfectly organized, which is invariably an influential cause
of inferiority when the nation is opposed to other countries
which are themselves governed by a single authority. In the
Federal Constitution of the United States, by which the central
government possesses more real force, this evil is still extremely
sensible. An example will illustrate the case to the reader.

The Constitution confers upon Congress the right of calling
forth militia to execute the laws of the Union, suppress insur-
rections, and repel invasions ; and another article declares that
the President of the United States is the commander-in-chief
of the militia. In the war of 1812 the President ordered the
militia of the Northern States to march to the frontiers ; but
Connecticut and Massachusetts, whose interests were impaired
by the war, refused to obey the command. They argued that
the Constitution authorizes the Federal Government to call
forth the militia in case of insurrection or invasion, but that in
the present instance there was neither invasion nor insurrec-
tion. They added, that the same Constitution which conferred
upon the Union the right of calling forth the militia reserved
to the States that of naming the officers ; and that consequently
(as they understood the clause) no officer of the Union had
any right to command the militia, even during war, except the
President in person; and in this case they were ordered to

li-

DEMOCRACY IN AMERICA

«7«

join an army commanded by another individual. These absurd
and pernicious doctrines received the sanction not only of the
governors and the legislative bodies, but also of the courts of
justice in both States; and the Federal Government was con-
strained to raise elsewhere the troops which it required.^'

The only safeguard which the American Union, with all the
relative perfection of its laws, possesses against the dissolution
which would be produced by a great war, lies in its probable
exemption from that calamity. Placed in the centre of an im-
mense continent, which offers 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 extension
of its territory, and shuts up its ports during the six months of
winter. From Canada to the Gulf of Mexico a few savage tribes
are to be met with, which retire, perishing in their retreat, before
six thousand soldiers. To the South, the Union has a point of
contact with the empire of Mexico ; and it is thence that serious
hostilities may one day be expected to arise. But for a long
while to come the uncivilized state of the Mexican community,
the depravity of its morals, and its extreme poverty, will prevent
that country from ranking high amongst nations.^ As for
the Powers of Europe, they are too distant to be formidable.

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 extremely 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 free-
dom of man. I envy the lot of those nations which have been
enabled to adopt it ; but I cannot believe that any confederate

V Kent's " Commentaries," vol. i. p.
244. I have selected an example which
relates to a time posterior to the prom-
ulgation of the present Constitution.
If I had gone back to the dajrs of the
Confederation, I might have given still
more striking instances. The whole na-
tion was at that time in a state of en-
thusiastic excitement; the Revolution
was represented by a man who was the
idol of the people; but at that very per-
iod Congress had, to say the truth, no
resources at all at its disposal. Troops
and supplies were perpetually wanting.

The best-devised projects failed in the
execution, and the Union, which was
constantly on the verge of destruction,
was saved by the weakness of its ene-
mies far more than by its own strength.
[All doubt as to the powers of the Fed-
eral Executive was, however, removed
by its efforts in the Civil War, and those
powers were largely extended.]

w [War broke out between the United
States and Mexico in 1846, and ended in
the conquest of an immense territory,
including California.]

1 1
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DE TOCQUEVILLE

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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
fractional powers, in the presence of the great military mon-
archies 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.

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CHAPTER IX

I HAVE hitherto examined the institutions of the United
States; I have passed their legislation in review, and I
have depicted the present characteristics of political so-
ciety in that country. But a sovereign power exists above these
institutions and beyond these characteristic features which may
destroy or modify them at its pleasure — I mean that of the
people. It remains to be shown in what manner this power,
which regulates the laws, acts : its propensities and its passions
remain to be pointed out, as well as the secret springs which
retard, accelerate, or direct its irresistible course; and the
effects of its unbounded authority, with the destiny which is
probably reserved for it.

WHY THE PEOPLE MAY STRICTLY BE SAID TO GOVERN
IN THE UNITED STATES

In America the people appoints the legislative and the exec-
utive power, and furnishes the jurors who punish all offences
against the laws. The American institutions are democratic,
not only in their principle but in all their consequences ; and
the people elects its representatives directly, and for the most
part annually, in order to ensure their dependence. The people
is therefore the real directing power ; and although the form
of government is representative, it is evident that the opinions,
the prejudices, the interests, and even the passions of the com-
munity are hindered by no durable obstacles from exercising
a perpetual influence on society. In the United States the
majority governs in the name of the people, as is the case in
all the countries in which the people is supreme. The majority
is principally composed of peaceful citizens who, either by in-
clination or by interest, are sincerely desirous of the welfare of
their country. But they are surrounded by the incessant agita-
tion of parties, which attempt to gain their co-operation and to
avail themselves of their support.

173

• W

CHAPTER X

I t

PARTIES IN THE UNITED STATES

Great distinction to be made between parties — Parties which are to each
other as rival nations — Parties properly so called — Diflference be-
tween great and small parties — Epochs which produce them — Their
characteristics — America has had great parties — They are extinct —
Federalists — Republicans — Defeat of the Federalists — Difficulty of
creating parties in the United States — What is done with this in-
tention — Aristocratic or democratic character to be met with in all
parties — Struggle of General Jackson against the Bank.

A GREAT distinction must be made between parties.
Some countries are so large that the different popula-
tions which inhabit them have contradictory interests,
although they are the subjects of the same Government, and
they may thence be in a perpetual state of opposition. In this
case the different fractions of the people may more properly be
considered as distinct nations than as mere parties; and if a
civil war breaks out, the struggle is carried on by rival peo-
ples rather than by factions in the State.

But when the citizens entertain different opinions upon sub-
jects which aflfect the whole country alike, such, for instance,
as the principles upon which the government is to be conducted,
then distinctions arise which may correctly be styled parties.
Parties are a necessary evil in free governments ; but they have
not at all times the same character and the same propensities.

At certain periods a nation may be oppressed by such in-
supportable evils as to conceive the design of eflfecting a total
change in its political constitution; at other times the mis-
chief lies still deeper, and the existence of society itself is en-
dangered. Such are the times of great revolutions and of
great parties. But between these epochs of misery and of con-
fusion there are periods during which human society seems to
rest, and mankind to make a pause. This pause is, indeed,
only apparent, for time does not stop its course for nations any

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more Mian for men ; they arc all advancing towards a goal with
which till. V ure unacquainted ; and wc only imagine them to be
Stationary when their progress escapes our observation, as men
who are going at a foot-pace seem to be standing still to those
who run.

But however thi may be, there are certain epochs at which
the changes that take place in the social and political constitu-
tion of nations are so slow and so insensible that men imagine
their present condition to be a final state ; and the human mind,
believing itself to be firmly based upon certain foundations,
does not' extend its researches beyond the horizon which it
descries. These are the times of small parties and of intrigue.

The political parties which I style great are those which
cling to principles more than to their consequences ; to gen-
eral, and not to especial cases ; to ideas, and not to men. These
parties are usually distinguished by a nobler character, by more
generous passions, more genuine convictions, and a more bold
and open conduct than the others. In them private interest,
which always plays the chief part in political passions, is more
studiously veiled under the pretext of the public good ; and it
may even be sometimes concealed from the eyes of the very
persons 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 char-
acter 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 sud-
denly to disappear, and the powers of the human mind to He
concealed. Society is convulsed by great parties, by minor
ones it is agitated ; it is torn by the former, by the latter it is
degraded ; and if these sometimes save it by a salutary pertur-
bation, those invariably disturb it to no good end.

America has already lost the great parties which once di-
vided the nation ; and if her happiness is considerably increased,
her morality has suffered by their extinction. When the War
of Independence was terminated, and the foundations of the
new Government were to be laid down, the nation was divided
between two opinions — two opinions which are as old as the

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world, and which are perpetually to be met with under all the
forms and all the names which have ever obtained in free com-
munities — the one tending to limit, the other to extend indefi-
nitely, the power of the people. The conflict of these two opin-
ions never assumed that degree of violence in America which it
has frequently displayed elsewhere. Both parties of the Amer-
icans were, in fact, agreed upon the most essential points ; and
neither of them had to destroy a traditionary constitution, or
to overthrow the structure of society, in order to ensure its own
triumph. 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 en-
deavored to apply its doctrines more especially to the Consti-
tution 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 Republican. America is a land
of democracy, and the Federalists were always in a minority ;
but they reckoned on their side almost all the great men who
had been called forth by the War of Independence, and their
moral influence was very considerable. Their cause was, more-
over, favored by circumstances. The ruin of the Confedera-
tion had impressed the people with a dread of anarchy, and
the Federalists did not fail to profit by this transient disposition
of the multitude. For ten or twelve years they were at the
head of affairs, and they were able to apply some, though not
all, of their principles ; for the hostile current was becoming
from day to day too violent to be checked or stemmed. In 1801
the Republicans got possession of the Government; Thomas
Jefferson was named President ; and he increased the influence
of their party by the weight of his celebrity, the greatness of his
talents, and the immense extent of his popularity.

The means by which the Federalists had maintained their
position were artificial, and their resources were temporary;
it was by the virtues or the talents of their leaders that they had
risen to power. When the Republicans attained to that lofty
station, their opponents were overwhelmed by utter defeat.
An immense majority declared itself against the retiring party,
and the Federalists found themselves in so small a minority

DEMOCRACY IN AMERICA

177

that they at once despaired of their future success. From that
moment the RepubHcan or Democratic party a has proceeded
from conquest to conquest, until it has acquired absolute su-
premacy in the country. The Federalists, perceiving that they
were vanquished without resource, and isolated in the midst of
the nation, fell into two divisions, of which one joined the vic-
torious Republicans, and the other abandoned its rallying-point
and its name. Many years have already elapsed since they
ceased to exist as a party.

The accession of the Federalists to power was, in my opinion,
one of the most fortunate incidents which accompanied the
formation of the great American Union ; they resisted the in-
evitable propensities of their age and of the country. But
whether their theories were good or bad, they had the effect
of being inapplicable, as a system, to the society which they
professed to govern, and that which occurred under the auspices
of Jefferson must therefore have taken place sooner or later.
But their Government gave the new republic time to acquire
a certain stability, and afterwards to support the rapid growth
of the very doctrines which they had combated. A consider-
able number of their principles were in point of fact embodied in
the political creed of their opponents ; and the Federal Con-
stitution which subsists at the present day is a lasting monu-
ment of their patriotism and their wisdom.

Great political parties are not, then, to be met with in the
United States at the present time. Parties, indeed, may be
found which threaten the future tranquillity of the Union ; but
there are none which seem to contest the present form of Gov-
ernment or the present course of society. The parties by which
the Union is menaced do not rest upon abstract principles, but
upon temporal interests. These interests, disseminated in the
provinces of so vast an empire, may be said to constitute rival
nations rather than parties. Thus, upon a recent occasion, the
North contended for the system of commercial prohibition, and
the South took up arms in favor of free trade, simply because
the North is a manufacturing and the South an agricultural dis-
trict ; and that the restrictive system which was profitable to the
one was prejudicial to the other.&

\vn

a [It is scarcely necessary to remark
that in more recent times the significa-
tion of these terms has changed. The
Republicans are the representatives of

Vol. I. — 12

the old Federalists, and the Democrats
of the old Republicans.— Troni. Note
(1861).]
b [The divisions of North and South

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In the absence of great parties, the United States abound with
lesser controversies ; and public opinion is divided into a thou-
sand minute shades of difference upon questions of very little
moment. The pains which are taken to create parties are in-
conceivable, and at the present day it is no easy task. In the
United States there is no religious animosity, because all re-
ligion is respected, and no sect is predominant; there is no
jealousy of rank, because the people is everything, and none can
contest its authority ; lastly, there is no public indigence to sup-
ply the means of agitation, because the physical position of the
country opens so wide a field to industry that man is able to ac-
complish the most surprising undertakings with his own native
resources. Nevertheless, ambitious men are interested in the
creation of parties, since it is difficult to eject a person from
authority upon the mere ground that his place is coveted by
others. The skill of the actors in the political world lies 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 his 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 are 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 be so incomprehensible and so puerile
that he is at a loss whether to pity a people which takes such
arrant trifles in good earnest, or to envy the 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
connetced 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

have since acquired a far greater degree spirit of opposition to Northern gov-
of intensity, and the South, though ernment.— Translator's Noit, 1875.]
conquered, still presents a formidable

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179

fend, 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
detected at the bottom of all parties, and that, although they
escape a superficial observation, they are the main point and
the very soul of every faction in the United States.

To quote a recent example. When the President attacked
the Bank, the country was excited and parties were formed ;
the well-informed classes rallied round the Bank, the common
people round the President. But it must not be imagined that
the people had formed a rational opinion upon a question which
offers so many difficulties to the most experienced statesmen.
The Bank is a great establishment which enjoys an independent
existence, and the people, accustomed to make and unmake
whatsoever it pleases, is startled to meet with this obstacle to its
authority. In the midst of the perpetual fluctuation of society
the community is irritated by so permanent an institution, and
is led to attack it in order to see whether it can be shaken and
controlled, like all the other institutions of the country.

h i

Remains of the Aristocratic Party in the United States

Secret opposition of wealthy individuals to democracy — ^Their retire-
ment — Their taste for exclusive pleasures and for luxury at home—
Their simplicity abroad — ^Their affected condescension towards the
people.

It sometimes happens in a people amongst which various
opinions prevail that the balance of the several parties is lost,
and one of them obtains an irresistible preponderance, over-
powers all obstacles, harasses its opponents, and appropriates
all the resources of society to its own purposes. The van-
quished citizens despa> of success and they conceal their dis-
satisfaction in silence and m general apathy. The nation seems
to be governed by a single principle, and the prevailing party
assumes the credit of having restored peace and unanimity to
the country. But this apparent unanimity is merely a cloak to
alarming dissensions and perpetual opposition.

This is precisely what occurred in America ; when the demo-
cratic 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

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present day the more affluent classes of society are so entirely
removed from the direction of political affairs in the United
States that wealth, far from conferring a right to the exercise of
power, is rather an obstacle than a means of attaining to it.
The wealthy members of the community abandon the lists,
through unwillingness to contend, and frequently to contend in
vain, against the poorest classes of their fellow citizens. They
concentrate all their enjoyments in the privacy of their homes,
where they occupy a rank which cannot be assumed in public ;
and they constitute a private society in the State, which has its
own tastes and its own pleasures. They submit to this state of
things as an irremediable evil, but they are careful not to show
that they are galled by its continuance ; it is even not uncom-
mon to hear them laud the delights of a republican government,
and the advantages of democratic institutions when they are in
public. Next to hatmg their enemies, men are most inclined
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 dwell-
ing glitters with luxury, and none but a few chosen guests whom
he haughtily styles his equals are allowed to penetrate into this
sanctuary. No European noble is more exclusive in his pleas-
ures, or more jealous of the smallest advantages which his priv-
ileged station confers upon him. But the very same individual
crosses the city to reach a dark counting-house in the centre
of trafiic, where every one may accost him who pleases. If he
meets his cobbler upon the way, they stop and converse ; the
two citizens discuss the affairs of the State in which they have
an equal interest, and they shake hands before they part.

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
revolutionary crisis, and if monarchical institutions ever become
practicable in the 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.

CHAPTER XI

LIBERTY OF THE PRESS IN THE UNITED STATES

Difficulty of restraining the liberty of the press — Particular reasons
which some nations have to cherish this liberty — The liberty of the
press a necessary consequence of the sovereignty of the people as it
is understood in America — Violent language of the periodical press
in the United States — Propensities of the periodical press — Il-
lustrated by the United States — Opinion of the Americans upon the
repression of the abuse of the liberty of the press by judicial prosecu-
tions — Reasons for which the press is less powerful in America than
in France.

THE influence of the liberty of the press does not aflFect
political opinions alone, but it extends to all the opin-
ions of men, and it modifies customs as well as laws. In
another part of this work I shall attempt to determinate the de-
gree of influence which the liberty of the press has exercised
upon civil society in the United States, and to point out the di-
rection which it has given to the ideas, as well as the tone which
it has imparted to the character and the feelings, of the Anglo-
Americans, but at present I purpose simply to examine the
effects produced by the liberty of the press in the political world.

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 en-
sures.

If any one could point out an intermediate and yet a tenable
position between the complete independence and the entire sub-
jection of the public expression of opinion, I should perhaps be
inclined to adopt it ; but the difficulty is to discover this position.
If it is your intention to correct the abuses of unlicensed print-
ing and to restore the use of orderly language, you may in the
first instance try the oflFender by a jury ; but if the jury acquits
him, the opinion which was that of a single individual becomes

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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 a court of permanent judges. But
even here the cause must be heard before it can be decided;
and the very principles which no book would have ventured
to avow are blazoned forth in the pleadings, and what was ob-
scurely hinted at in a single composition is then repeated in a
multitude of other publications. The language in which a
thought is embodied is the mere carcass of the thought, and not
the idea itself ; tribunals may condemn the form, but the sense
and spirit of the work is too subtle for their authority. Too
much has still been done to recede, too little to attain your end ;
you must therefore proceed. If you establish a censorship of
the press, the tongue of the public speaker will still make itself
heard, amd 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 power than the
vociferations of a thousand orators ; and if it be allowed to speak
freely in any public place, the consequence is the same as if free
speaking was allowed in every village. The liberty of discourse
must therefore be destroyed as well as the liberty of the press ;
this is the necessary term of your eflforts ; but if your object
was to repress the abuses of liberty, they have brought you to
the feet of a despot. You have been led from the extreme of
independence to the extreme of subjection without meeting
with a single tenable position for shelter or repose.

There are certain nations which have peculiar reasons for
cherishing the liberty of the press, independently of the general
motives which I have just pointed out. For in certain coun-
tries which profess to enjoy the privileges of freedom every in-
dividual agent of the Government may violate the laws with im-
punity, since those whom he oppresses cannot prosecute him
before the courts of justice. In this case the liberty of the
press is not merely a guarantee, but it is the only guarantee, of
their liberty and their security which the citizens possess. If
the rulers of these nations propose to abolish the independence

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DEMOCRACY IN AMERICA

1S3

of the press, the people would be justified in saying : Give us
the right of prosecuting your ofifences before the ordinary tri-
bunals, and perhaps we may then waive our right of appeal
to the tribunal of public opinion.

But in the countries in which the doctrine of the sovereignty
of the people ostensibly prevails, the censorship of the press
is not only dangerous, but it is absurd. When the right of
every citizen to co-operate in the government of society is ac-
knowledged, every citizen must be presumed to possess the
power of discriminating between the different opinions of his
contemporaries, and of appreciating the different facts from
which inferences may be drawn. The sovereignty of the people
and the liberty of the press may therefore be looked upon as
correlative institutions ; just as the censorship of the press and
universal suffrage are two things which are irreconcilably op-
posed, and which cannot long be retained among the institu-
tions of the same people. Not a single individual of the twelve
millions who inhabit the territory of the United States has as
yet dared to propose any restrictions to the liberty of the press.
The first newspaper over which I cast my eyes, upon my arrival
in America, contained the following article :

In all this affair the language of Jackson has been that of a heartless
despot, solely occupied with the preservation of his own authority.
Ambition is his crime, and it will be his punishment too: intrigue is his
native element, and intrigue will confound his tricks, and will deprive
him of his power: he governs by means of corruption, and his immoral
practices will redound to his shame and confusion. His conduct in the
political arena has been that of a shameless and lawless gamester. He
succeeded at the time, but the hour of retribution approaches, and he
will be obliged to disgorge his winnings, to throw aside his false dice,
and to end his days in some retirement, where he may curse his mad-
ness at his leisure; for repentance is a virtue with which his heart is
likely to remain forever 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 country ; and it is therefore supposed that
as soon as society has resumed a certain degree of composure
the press will abandon its present vehemence, I am inclined to
think that the above causes explain the reason of the extraor-
dinary ascendency it has acquired over the nation, but that they
do not exercise much influence upon the tone of its language.

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The periodical press appears to me to be actuated by passions
and propensities independent of the circumstances in which it
is placed, and the present position of America corroborates
this opinion.

America is perhaps, at this moment, the country of the whole
world which contains the fewest germs of revolution ; but the
press is not less destructive in its principles than in France, and
it displays the same violence without the same reasons for in-
dignation. In America, as in France, it constitutes a singular
power, so strangely composed of mingled good and evil that
it is at the same time indispensable to the existence of freedom,
and nearly incompatible with the maintenance of public order.
Its power is certainly much greater in France than in the United
States ; though nothing is more rare in the latter country than
to hear of a prosecution having been instituted against it. The
reason of this is perfectly simple : the Americans, having once
admitted the doctrine of the sovereignty of the people, apply it
with perfect consistency. It was never their intention to found
a permanent state of things with elements which undergo daily
modifications ; and there is consequently nothing criminal in
an attack upon the existing laws, provided it be not attended
with a violent infraction of them. They are moreover of opin-
ion 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, offences of this nature
are apt to escape the hand which attempts to apprehend them.
They hold that to act with efficacy upon the press it would be
necessary to find a tribunal, not only devoted to the existing
order of things, but capable of surmounting the influence of
public opinion ; a tribunal which should conduct its proceedings
without publicity, which should pronounce its decrees without
assigning its motives, and punish the intentions even more than
the language of an author. Whosoever should have the power
of creating and maintaining a tribunal of this kind would waste
his time in prosecuting the liberty of the press ; for he would
be the supreme master of the whole community, and he would
be as free to rid himself of the authors as of their writings. In
this question, therefore, there is no medium between servitude
and extreme license; in order to enjoy the inestimable bene-
fits which the liberty of the press ensures, it is necessary to sub-
mit to the inevitable evils which it engenders. To expect to

DEMOCRACY IN AMERICA

185

acquire the former and to escape the latter is to cherish one of
those illusions which commonly mislead nations in their times
of sickness, when, tired with faction and exhausted by effort,
they attempt to combine hostile opinions a contrary princi-
ples 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 liberty, is most formid-
able when it is a novelty ; for a people which has never been
accustomed to co-operate in the conduct of State affairs places
implicit confidence in the first tribune who arouses its atten-
tion. The Anglo-Americans have enjoyed this liberty ever
since the foundation of the settlements; moreover, the press
cannot create human passions by its own power, however skil-
fully it may kindle them where they exist. In America politics
are discussed with animation and a varied activity, but they
rarely touch those deep passions which are excited whenever
the positive interest of a part of the community is impaired : but
in the United States the interests of the community are in a
most prosperous condition. A single glance upon a French
and an American newspaper is sufficient to show ilic difference
which exists between the two nations on thi«i head. In France
the space allotted to commercial advertisements is very limited,
and the intelligence is not considerable, but the most essential
part of the journal is that which contains the discussion of the
politics of the day. In America three-quarters of the enormous
sheet which is set before the reader are filled with advertise-
ments, and the remainder is frequently occupied by political in-
telligence or trivial anecdotes: it is only from time to time
that one finds a corner devoted to passionate discussions like
those with which the journalists of France are wont to indulge
their readers.

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 influence of a power is increased in proportion as
its direction is rendered more central. In France the press
combines a twofold centralization ; almost all its power is cen-
tred in the same spot, and vested in the same hands, for its
organs are far from numerous. The influence of a public press
thus constituted, upon a sceptical nation, must be unbounded.

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It is an enemy with which a Government may sign an occasional
truce, but which it is difficult to resist for any length of time.

Neither of these kinds of centralization exists in America.
The United States have no metropolis ; the intelligence as well
as the power of the country are dispersed abroad, and instead
of radiating from a point, they cross each other in every direc-
tion ; the Americans have established no central control over the
expression of opinion, any more than over the conduct of busi-
ness. 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 demanded
from editors as in France, and no stamp duty as in France and
formerly in England. T'le consequence of this is that nothing is
easier than to set up a newspaper, and a small number of readers
suffices to defray the expenses of the editor.

The number of periodical and occasional publications which
appears in the United States actually surpasses belief. The
most enlightened Americans attribute the subordinate influence
of the press to this excessive disseminalicr'. ; 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 f^-w powerful organs, but it is per-
fectly incredible that the partisans of the existing state of things,
and the natural supporters of the law, should attempt to diminish
the influence of the press by concentrating its authority. The
Governments of Europe seem to treat the press with the courtesy
of the knights of old ; they are anxious to furnish it with the
same central power which they have found to be so trusty a
weapon, in order to enhance the glory of their resistance to its
attacks.

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 in-
deed arrayed on the side of the administration or against it;
but they attack and defend in a thousand different ways. They

DEMOCRACY IN AMERICA

187

cannot succeed in forming those great currents of upiniui- w ii
overwhelm the most solid obstacles. This division of t) m-
lluence of the press produces a variety of other conscqu.. ces
which are scarcely less remarkable. The facility with v xh
journals can be established induces a multitude of individuals ti-
take a part in them ; but as the extent of competition precludes
the possibility of considerable profit, the most distinguished
classes of society are rarely led to engage in these undertakings.
But such is the number of the public prints that, even if they
were a source of wealth, writers of ability could not be found
to direct them all. The journalists of the United States are usu-
ally placed in a very humble position, with a scanty education
and a vulgar turn of mind. The will of the majority is the most
general of laws, and it establishes certain habits which form
the characteristics of each peculiar class of society ; thus it dic-
tates the etiquette practised at courts and the etiquette of the
bar. The characteristics of the French journalist consist in a
violent, but frequently an eloquent and lofty, manner of dis-
cussing the politics of the day; and the exceptions to this
habitual practice are only occasional. The characteristics of the
American journalist consist in an open and coarse appeal to
the passions of the populace; and he habitually abandons the
prmciples of political science to assail the characters of individu-
als, to track them into private life, and disclose all their weak-
nesses and errors.

Nothing can be more deplorable than this abuse of the powers
of thought ; I shall have occasion to point out hereafter the in-
fluence of the newspapers upon the taste and the morality of the
American people, but my present subject exclusively concerns
the political world. It cannot be deniv J that the effects of this
extreme license of the press tend indirectly to the maintenance
of public order. The individuals who are already in the pos-
session of a high station in the esteem of their fellow-citizens are
afraid to write in the newspapers, and they are thus deprived
of the most powerful instrument which they can use to excite
the passions of the multitude to their own advantage.^

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-

a They only write in the papers when they are called upon to repel calumni-
they choose to address the people in ous imputations, and to correct a mis-
their own name; as, for instance, when statement of facts.

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ing or distorting those facts that a journalist can contribute to
the support 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
community round certain principles, and it draws up the creed
which factions adopt ; for it affords a means of intercourse be-
tween parties which hear, and which address each other without
ever having been in immediate contact. When a great number
of the organs of the press adopt the same line of conduct, their
influence becomes irresistible; and public opinion, when it is
perpetually assailed from the same side, eventually yields to
the attack. In the United States each separate journal exercises
but little authority, but the power of the periodical press is only;
second to that of the people.*

t »

The opinions 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 perpetually raises fresh
individuals to the conduct of public affairs ; and the measures
of the administration are consequently seldom regulated by the
strict rules of consistency or of order. But the general prin-
ciples of the Government are more stable, and the opinions most
prevalent in society are generally more durable than in many
other countries. When once the Americans have taken up an
idea, whether it be well or ill founded, nothing is more difficult
than to eradicate it from their minds. The same tenacity of
opinion has been observed in England, where, for the last cen-
tury, greater freedom of conscience and more invincible pre-
judices have existed tb'^n in all the other countries of Europe.
I attribute this consequence to a cause which may at first sight
appear to have a very opposite tendency, namely, to the liberty
of the press. The nations amongst which this liberty exists are
as apt to cling to their opinions from pride as from conviction.
They cherish them because they hold them to be just, and be-

b See Appendix, P.

DEMOCRACY IN AMERICA

189

cause they exercised their own free-will in choosing them ; and
they maintain them not only because they are true, but because
they arc their 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 with
at the two extremities, and that doubt lies in the middle ; for
the human intellect may be considered in three distinct states,
which frequently succeed one another. A man believes im-
plicitly, because he adopts a proposition without inquiry. lie
doubts as soon as he is assailed by the objections which his in-
quiries may have aroused. But he frequently succeeds in satis-
fying these doubts, and then he begins to believe afresh : he no
longer lays hold on a truth in its most shadowy and uncertain
form, but he sees it clearly before him, and he advances onwards
by the light it gives him.c

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 the misfortunes
which are sure to befall those generations which abruptly adopt
the unconditional freedom of the 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
rational 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 everyone clings to his own persua-
sion. The same thing takes place in politics under the liberty of
the press. In countries where all the theories of social science

c It may, however, be doubted
whether thn rational and self-f^uiding
conviction arouses as much fervor or

enthusiastic devotedness in
their first dogmatical belief.

men as

•H

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have been contested in their turn, the citizens who have adopted
one of them stick to it, not so much because they are assured of
its excellence, as because they are not convinced of the superior-
ity of any other. In the present age men are not very ready to
die in defence of their opinions, but they are rarely inclined to
change them; and there are fewer martyrs as well as fewer
apostates.

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 naturally more tangible and more permanent than
any opinions in the world.

It is not a question of easy solution whether aristocracy or
democracy is most fit to govern a country. But it is certain that
democracy annoys one part of the community, and that aristoc-
racy oppresses another part. When the question is reduced to
the simple expression of the struggle between poverty and
wealth, the tendency of each side of the dispute becomes per-
fectly evident without further controversy.

'1 !,

CHAPTER XII

POLITICAL ASSOCIATIONS IN THE UNITED STATES

Daily use which the Anglo-Americans make of the right of association
— Three kinds of political associations — In what manner the Ameri-
cans apply the representative system to associations — Dangers re-
sulting to the State — Great Convention of 1831 relative to the Tariff
— Legislative character of this Convention — Why the unlimited ex-
ercise of the right of association is less dangerous in the United
States than elsewhere — Why it may be looked upon as necessary —
Utility of associations in a democratic people.

IN no country in the world has the principle of association
been more successfully used, or more unsparingly ap-
plied to a multitude of different 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 individuals.

The citizen of the United States is taught from his earliest
infancy to rely upon his own exertions in order to resist the
evils and the difficulties of life ; he looks upon social authority
with an eye of mistrust and anxiety, and he only claims its as-
sistance when he is quite unable to shift without it. This habit
may even be traced in the schools of the rising generation,
where the children in their games are wont to submit to rules
which they have themselves established, and to punish 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 public is hindered, the
neighbors immediately constitute a deliberative body ; and this
extemporaneous assembly gives rise to an executive power
which remedies the inconvenience before anybody has thought
of recurring to an authority superior to that of the persons 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 en-

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emies which are exclusively of a moral nature, and to diminish
the vice of intemperance: in the United States associations are
established to promote public order, commerce, industry, moral-
ity, and religion; for there is no end which the human will,
seconded by the collective exertions of individuals, despairs of
attaining.

I shall hereafter have occasion to show the effects of associa-
tion upon the course of society, and I must confine myself for the
present to the political world. When once the right of associa-
tion is recognized, 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 association with these
views is very analogous to the liberty of unlicensed writing ; but
societies thus formed possess more authority than the press.
When an opinion is represented by a society, it necessarily as-
sumes a more exact and explicit form. It numbers its partisans,
and compromises their welfare in its cause : they, on the other
hand, become acquainted with each other, and their zeal is 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 which it
points out.

The second degree in the right of association is the power
of meeting. When an association is allowed to establish centres
of action at certain important points in the country, its activity
is increased and its influence extended. Men have the 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 system to a party.

Thus, in the first instance, a society is formed between indi-
viduals professing the same opinion, and the tie which keeps
it together is of a purely intellectual nature ; in the second case,
small assemblies are formed which only represent a fraction of

DEMOCRACY IN AMERICA

193

the party. Lastly, in the third case, they constitute a separate
nation in the midst of the nation, a government within the Gov-
ernment. Their delegates, like the real delegates of the ma-
jority, represent the entire collective force of their party; and
they enjoy a certain degree of that national dignity and great
influence which belong to the chosen representatives of the peo-
ple. It is true that they have not the right of making the laws,
but they have the power of attacking those which are in being,
and of drawing up beforehand those which they may afterwards
cause to be adopted.

If, in a people which is imperfectly accustomed to the exer-
cise of freedom, or which is exposed to violent political passions,
a deliberating minority, which confines itself to the contempla-
tion of future laws, be placed in juxtaposition to the legislative
majority, I cannot but believe that public tranquillity incurs very
great risks in that nation. There is doubtless a very wide differ-
ence 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 populace 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 parties, each of which affects to represent
the majority. If, in immediate contiguity to the directing
power, another power be established, which exercises almost as
much moral authority as the former, it is not to be believed that
it will long be content to speak without acting ; or that it will
always be restrained by the abstract consideration of the nature
of associations which are meant to direct but not to enforce opin-
ions, 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 unrestrained exercise of this
independence. But the unrestrained liberty of political associa-
tion cannot be entirely assimilated to the liberty of the press.
The one is at the same time less necessary and more dangerous
than the other. A nation may confine it within certain limits
without forfeiting any part of its self-control ; and it may some-
times be obliged to do so in order to maintain its own authority.

In America the liberty of association for political purposes
Vol. I.— 13

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I, a

is anbounded. An example will show in the clearest light to
what an extent this privilege is tolerated.

The question of the tariff, or of free trade, produced a great
manifestation of party feeling in America; the tariff was not
only a subject of debate as a matter of opinion, but it eriercised a
favorable or a prejudicial influence upon several ver> powerful
interests of the States. The North attributed a great portion of
its prosperity, and the South all its sufferings, to this system ;
insomuch that for a long time the tariff was the sole source of
the political animosities which agitated the Union.

In 1831, 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 dele-
gates to Philadelphia in order to consult together upon the means
which were most fitted to promote freedom of trade. This pro-
posal circulated in a few days from Maine to New Orleans by
the power of the printing-press: the opponents of the tariff
adopted it with enthusiasm ; meetings were formed on all sides,
and delegates were named. The majority of these individuals
were well known, and some of them had earned a considerable
degree of celebrity. South Carolina alone, which afterwards
took up arms in the same cause, sent sixty-three delegates. On
October i, 1831, this assembly, which according to the American
custom had taken the name of a Convention, met at Philadel-
phia ; it consisted of more than two hundred members. Its de-
bates were public, and they at once assumed a legislative char-
acter ; the extent of the powers of Congress, the theories of free
trade, and the different clauses of the tariff, were discussed in
turn. At the end of ten days' deliberation the Convention broke
up, after having published an address to the American people,
in which it declared :

I. That Congress had not the right of making a tariff, and
that the existing tariff was unconstitutional ;

II. That the prohibition of free trade was prejudicial to the
interests of all nations, and to that of the American people in
particular.

It must be acknowledged that the unrestrained liberty of po-
litical association has not hitherto produced, in the United
States, those fatal consequences which might perhaps be ex-
pected from it elsewhere. The right of association was im-
ported from England, and it has always existed in America;

l*i

DEMOCRACY IN AMERICA

195

so that the exercise of this privilege is now amalgamated with
the manners and customs of the people. At the present time
the liberty of association is become a necessary guarantee
against the tyranny of the majority. In the United States, as
soon as a party is become preponderant, all public authority
passes under its control ; its private supporters occupy all the
places, and have all the force of the administration at their dis-
posal. As the most distinguished partisans of the other side of
the question are unable to surmount the obstacles which exclude
them from power, they require some means of establishing them-
selves upon their own basis, and of opposing the moral au-
thority of the minority to the physical power which domineers
over it. Thus a dangerous expedient is used to obviate a still
more formidable danger.

The omnipotence of the majority appears to me to present
such extreme perils to the American Republics that the danger-
ous measure which is used to repress it seems to be more ad-
vantageous than prejudicial. And here I am about to advance a
proposition which may remind the reader of what I said before
in speaking of municipal freedom : There are no countries in
which associations are more needed, to prevent the despotism
of faction or the arbitrary power of a prince, than those whiqh
are democratically constituted. In aristocratic nations the body
of the nobles and the more opulent part of the community are in
themselves natural associations, which act as checks upon the
abuses of power. In countries in which these associations do
not exist, if private individuals are unable to create an artificial
and a temporary substitute for them, I can imagine no perma-
nent protection against the most galling tyranny ; and a great
people may be oppressed by a small faction, or by a single in-
dividual, with impunity.

The meeting of a great political Convention (for there are
Conventions of all kinds), which may frequently become a
necessary measure, is always a serious occurrence, even in
America, and one which is never looked forward to, by ' ■
judicious friends of the country, without alarm. This was very
perceptible in the Convention of 1 831, at which the exertions of
all the most distinguished members of the Assembly tended to
moderate its language, and to restrain the subjects which it
treated within certain limits. It is probable, in fact, that the
Convention of 1831 exercised a very great influence upon the

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minds of the malcontents, and prepared them for the open re-
volt against the commercial laws of the Union which took place
in 1832.

It cannot be denied that the unrestrained liberty of associa-
tion for political purposes is the privilege which a people is
longest in learning how to exercise. If it does not throw the
nation into anarchy, it perpetually augments the chances of that
calamity. On one point, however, this perilous liberty offers a
security against dangers of another kind; in countries where
associations are free, secret societies are unknown. In America
there are numerous factions, but no conspiracies.

Different ways in which the right of association is understood in Europe
and in the United States — Different use which is made of it.

The most natural privilege of man, next to the right of acting
for himself, is that of combining his exertions with those of his
fellow-creatures, and of acting in common with them. I am
therefore led to conclude that the right of association is almost
as inalienable as the right of personal liberty. No legislator can
attack it without impairing the very foundations of society.
Nevertheless, if the liberty of association is a fruitful source of
advantages and prosperity to some nations, it may be perverted
or carried to excess by others, and the element of life may be
changed into an element of destruction. A comparison of the
different methods which associations pursue in those countries
in which they are managed with discretion, as well as in those
where liberty degenerates into license, may perhaps be thought
useful both to governments and to parties.

The greater part of Europeans look upon an association as a
weapon which is to be hastily fashioned, and immediately tried
in the conflict. A society is formed for discussion, but the idea
of impending action prevails in the minds of those who consti-
tute it: it is, in fact, an army; and the time given to parley
serves to reckon up the strength and to animate the courage of
the host, after which they direct 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 the manner in which the right of asso-
ciation is understood in the United States. In America the citi-

DEMOCRACY IN AMERICA

197

zens who form the minority associate, in order, in the first place,
to show their numerical strength, and so to diminish the moral
authority of the majority ; and, in the second place, to stimulate
competition, and to discover those arguments which are most
fitted to act upon the majority ; for they always entertain hopes
of drawing over their opponents to their own side, and of after-
wards disposing of the supreme power in their name. Political
associations in the United States are therefore peaceable in their
intentions, and strictly legal in the means which they employ ;
and they assert with perfect truth that they only aim at success
by lawful expedients.

The difference which exists between the Americans and our-
selves depends on several causes. In Europe there are numer-
ous parties so diametrically opposed to the majority that they
can never hope to acquire its support, and at the same time they
think that they are sufficiently strong in themselves to struggle
and to defend their cause. When a party of this kind forms an
association, its object is, not to conquer, but to fight. In America
the individuals who hold opinions very much opposed to those
of the majority are no sort of impediment to its power, and all
other parties hope to win it over to their own principles in the
end. The exercise of the right of association becomes dangerous
in proportion to the impossibility which excludes great parties
from acquiring the majority. In a country like the United
States, in which the differences of opinion are mere differences
of hue, the right of association may remain unrestrained with-
out evil consequences. The inexperience of many of the Euro-
pean nations in the enjoyment of liberty leads them only to
look upon the liberty of association as a right of attacking the
Government. The first notion which presents itself to a party,
as well as to an individual, when it has acquired a consciousness
of its own strength, is that of violence : the notion of persuasion
arises at a later period and is only derived from experience.
The English, who are divided into parties which differ most
essentially from each other, rarely abuse the right of association,
because they have long been accustomed to exercise it. In
France the passion for war is so intense that there is no under-
taking so mad, or so injurious to the welfare of the State, that a
man does not consider himself honored in defending it, at the
risk of his life.

But perhaps the most powerful of the causes which tend to

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mitigate the excesses of political association in the United
States is Universal Suffrage. In countries in which universal
suffrage exists the majority is never doubtful, because neither
party can pretend to represent that portion of the community
which has not voted. The associations which are formed are
aware, as well as the nation at large, that they do not represent
the majority : this is, indeed, a condition inseparable from their
existence ; for if they did represent the preponderating power,
they would change the law instead of soliciting its reform. The
consequence of this is that the moral influence of the Govern-
ment which they attack is very much increased, and their own
power is very much enfeebled.

In Europe there are few associations which do not affect to
represent the majority, or which do not believe that they repre-
sent it. This conviction or this pretension tends to augment
their force amazingly, and contributes no less to legalize their
measures. Violence may seem to be excusable in defence of the
cause of oppressed right. Thus it is, in the vast labyrinth of
human laws, that extreme liberty sometimes corrects the abuses
of license, and that extreme democracy obviates the dangers of
democratic government. In Europe, associations consider
themselves, in some degree, as the legislative and executive
councils of the people, which is unable to speak for itself. In
America, where they only represent a minority of the nation,
they argue and they petition.

The means which the associations of Europe employ are in
accordance with the end which they propose to obtain. As the
principal aim of these bodies is to act, and not to debate, to
fight rather than to persuade, they are naturally led to adopt a
form of organization which differs from the ordinary customs
of civil bodies, and which assumes the habits and the maxims
of military life. They centralize the direction of their re-
sources as much as possible, and they intrust the power of the
whole party to a very small number of leaders.

The member,'; of these associations respond to a watchword,
like soldiers on duty ; they profess the doctrine of passive obedi-
ence: say rather, that in uniting together they at once abjure
the exercise of their own judgment and free will ; and the tyran-
nical control which these societies exercise is often far more in-
supportable than the authority possessed over society by the
Government which they attack. Their moral force is much

DEMOCRACY IN AMERICA

199

diminished by these excesses, and they lose the powerful inter-
est which is always excited by a struggle between oppressors
and the oppressed. The man who in given cases consents to
obey his fellows with servility, and who submits his activity and
even his opinions to their control, can have no claim to rank
as a free citizen.

The Americans have also established certain forms of govern-
ment which are applied to their associations, but these are invari-
ably borrowed from the forms of the civil administration. The
independence of each individual is formally recognized; the
tendency of the members of the association points, as it does
in the body of the community, towards the same end, but they
are not obliged to follow the same track. No one abjures the
exercise of his reason and his free will ; but every one exerts
that reason and that will for the benefit of a common under-
taking.

CHAPTER XIII

GOVERNMENT OF THE DEMOCRACY IN AMERICA

I AM well aware of the difficulties which attend this part of
my subject, but although every expression which I am
about to make use of may clash, upon some one point,
with the feelings of the different parties which divide my coun-
try, I shall speak my opinion with the most perfect openness.

In Europe we are at a loss how to judge the true character
and the more permanent propensities of democracy, because in
Europe two conflicting principles exist, and we do not know
what to attribute to the principles themselves, and what to refer
to the passions which they bring into collision. Such, however,
is not the case in America ; there the people reigns without any
obstacle, and it has no perils to dread and no injuries to avenge.
In America, democracy is swayed by its own free propensities ;
its course is natural and its activity is unrestrained ; the United
States consequently afford the most favorable opportunity of
studying its real character. And to no people can this inquiry
be more vitally interesting than to the French nation, which is
blindly driven onwards by a daily and irresistible impulse to-
wards a state of things which may prove either despotic or re-
publican, but which will assuredly be democratic.

l4., ^

Universal Suffrage

I have already observed that universal suffrage has been
adopted in all the States of the Union ; it consequently occurs
amongst different populations which occupy very different
positions in the scale of society. I have had opportunities of
observing its effects in different localities, and amongst races
of men who are nearly strangers to each other by their language,
their religion, and their manner of life ; in Louisiana as well as
m New England, in Georgia and in Canada. I have remarked
that Universal Suffrage is far from producing in America cither

200

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201

all the good or all the evil consequences which are assigned to
it in Europe, and that its effects differ very widely from those
which are usually attributed to it. •

Choice of the People, and Instinctive Preferences of
THE American Democracy

In the United States the most able men are rarely placed at the head
of affairs — Reason of this peculiarity — The envy which prevails in
the lower orders of France against the higher classes is not a French,
but a purely democratic sentiment — For what reason the most dis-
tinguished men in America frequently seclude themselves from public
afT-.Irs.

Many people in Europe are apt to believe without saying it,
or to say without believing it, that one of the great advantages
of universal suffrage is, that it entrusts the direction of public
tf¥airs to men who are worthy of the public confidence. They
admit that the people is unable to govern for itself, but they
aver that it is always sincerely disposed to promote the welfare
of the State, and that it instinctively designates those persons
who are animated by the same good wishes, and who are the
most fit to wield the supreme authority. I confess that the
observations I made in America by no means coincide with
these opinions. On my arrival in the United States I was sur-
prised to find so much distinguished talent among the subjects,
and so little among the heads of the Government. It is a well-
authenticated fact, that at the present day the most able men in
the United States are very rarely placed at the head of afxairs ;
and it must be acknowledged that such has been the result in
proportion as democracy has outstepped all its former limits.
The race of American statesmen has evidently dwindled most
remarkably in the course of the last fifty years.

Several causes may be assigned to this phenomenon. It is
impossible, notwithstanding the most strenuous exertions, to
raise the intelligence of the people above a certain level. What-
ever may be the facilities of acquiring information, whatever
may be the profusion of easy methous and of cheap science, the
human mind can never be instructed and educated without de-
voting a considerable space of time to those objects.

The greater or the lesser possibility of subsisting without
labor is therefore the necessary boundary of intellectual im-
provement. This boundary is more remote in some countries

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.v:-

and more restricted in others ; but it must exist somewhere as
long as the i)ooplc is constrained to work in order to procure
the means i)f physical subsistence, that is to say, as long as it
retains its popular character. It is therefore (juitc as difficult
to imagine a State in which all the citizens should be very well
informed as a State in which they should all be wealthy ; these
two difficulties may be looked upon as correlative. It may
very readily be admitted that the mass of the citizens are sin-
cerely disposed to promote the welfare of their country ; nay
more, it may even be allowed that the lower classes are less apt
to be swayed by considerations of personal interest than the
higher orders : but it is always more or less impossible for them
to discern the best means of attaining the end which they desire
with sincerity. Long and patient observation, joined to a mul-
titude of different notions, is required to form a just estimate of
the character of a single individual ; and can it be supposed that
the vulgar have the power of succeeding in an inquiry which
misleads the penetration of genius itself? The people has
neither the time nor the means which are essential to the pros-
ecution of an investigation of this kind: its conclusions are
hastily formed from a superficial inspection of the more promi-
nent features of a question. Hence it often assents to the
clamor of a mountebank who knows the secret of stimulating
its tastes, while its truest friends frequently fail in their exer-
tions.

Moreover, the democracy is not only deficient in that sound-
ness of judgment which is necessary to select men really de-
serving of its confidence, but it has neither the desire nor the
inclination to find them out. It cannot be denied that demo-
cratic institutions have a very strong tendency to promote the
feeling of envy in the human heart ; not so much because they
afiford to every one the means of rising to the level of any of
his fellow-citizens, as because those means perpetually disap-
point the persons who employ them. Democratic institutions
awaken and foster a passion for equality which they can never
entirely satisfy. This complete equality eludes the grasp of
the people at the very moment at which it thinks to hold it fast,
and " flies," as Pascal says, " with eternal flight " ; the people
is excited in the pursuit of an advantage, which is more precious
because it is not sufficiently remote to be unknown, or suffi-
ciently near to be enjoyed. The lower orders are agitated by

DEMOCRACY IN AMERICA

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the chance of success, they are irritated hy its uncertainty ; and
they j)ass from the enthusiasm of pursuit to the exhaustion of
ill-success, and lastly to the acrimony of disappointment.
Whatever transcends their own limits appears to be an obstacle
to their desires, and there is no kind of superiority, however
legitimate it may be, which is not irksome in their sight.

It has been supposed that' the secret instinct which leads the
lower orders to remove their superiors as much as possible from
the direction of public affairs is peculiar to France. This, how-
ever, is an error ; the propensity to which I allude is not inher-
ent in any particular nation, but in democratic institutions in
general ; and although it may have been heightened by peculiar
political circumstances, it owes its origin to a higher cause.

In the United States the people is not disposed to hate the
superior classes of society ; but it is not very favorably inclined
towards them, and it carefully excludes them from the exercise
of authority. It does not entertain any dread of distinguished
talents, but it is rarely captivated by them ; and it awards its
approbation very sparingly to such as have risen without the
popular support.

Whilst the natural propensities of democracy induce the peo-
ple to reject the iv l distinguished citizens as its rulers, these
individuals are no less apt to retire from a political career in
which it is almost impossible to retain their independence, or
to advance without degrading themselves. This opinion has
been very candidly set forth by Chancellor Kent, who says, in
speaking with great eulogiums 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 ofifice would have too much reserve in
their manners, and too much austerity in their principles, for
them to be returned by the majority at an election where uni-
versal suffrage is adopted." Such were the opinions which
were printed without contradiction in America in the year 1830!

I hold it to be sufficiently demonstrated that universal suf-
frage is by no means a guarantee of the wisdom of the popular
choice, and that, whatever its advantages may be, this is not
one of them.

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Causes Which May Partly Correct These Tendencies

OF THE Democracy

Contrary effects produced on peoples as well as on individuals by great
dangers — Why so many distinguished men stood at the head of af-
fairs in America fifty years ago — Influence which the intelligence
and the manners of the people exercise upon its choice — Example of
New England — States of the Southwest — Influence of certain laws
upon the choice of the people — Election by an elected body — Its ef-
fects upon the composition of the Senate.

When a State is threatened by serious dangers, the people
frequently succeeds in selecting the citizens who are the most
able to save it. It has been observed that man rarely retains
his customary level in presence of very critical circumstances ;
he rises above or he sinks below his usual condition, and the
same thing occurs in nations at large. Extreme perils some-
times quench the energy of a people instead of stimulating it ;
they excite without directing its passions, and instead of clear-
ing they confuse its powers of perception. The Jews deluged
the smoking ruins of their temple with the carnage of the rem-
nant of their host. Lut it is more common, both in the case of
nations and in that of individuals, to find extraordinary virtues
arising from the very imminence of the danger. Great char-
acters are then thrown into relief, as edifices which are con-
cealed by the gloom of night are illuminated by the glare of a
conflagration. At those dan ; f as times genius no longer
abstains from presenting itself in the arena , and the people,
alarmed by the perils of its situation, buries its envious passions
in a short oblivion. Great names may then be drawn from the
balloting-box.

I have already observed that the American statesmen of the
present day are very inferior to those who stood at the head
of affairs fifty years ago. This is as much a consequence of
the circumstances as of the laws of the country. When Amer-
ica was struggling in the high cause of independence to throw
off the yoke of another country, and when it was about to usher
a new nation into the world, the spirits of its inhabitants were
roused to the height which their great efforts required. In this
general excitement the most distinguished men were ready
to forestall the wants of the community, and the people clung to
them for support, and placed them at its head. But events of

DEMOCRACY IN AMERICA

205

this magnitude are rare, and it is from an inspection of the
ordinary course of affairs that our judgment must be formed.

If passing occurrences sometimes act as checks upon the pas-
sions of democracy, the intelhgence and the manners of the
community exercise an influence which is not less powerful
and far more permanent. This is extremely perceptible in the
United States.

In New England the education and the liberties of the com-
munities were engendered by the moral and religious principles
of their founders. Where society has acquired a sufficient de-
gree of stability to enable it to hold certain maxims and to
retain fixed habits, the lower orders are accustomed to respect
intellectual superiority and to submit to it without complaint,
although they set at naugbt all those privileges which wealth
and birth have introduced among mankind. The democracy
in New England consequently makes a more judicious choice
than it does elsewhere.

But as we descend towards the South, to those States in
which the constitution of society is more modern and less
strong, where instruction is less general, and where the prin-
ciples of morality, of religion, and of liberty are less happily
combined, we perceive that the talents and the virtues of those
who are in authority become more and more rare.

Lastly, when we arrive at the new South-western States,
in which the constitution of society dates but from yesterday,
and presents an agglomeration of adventurers and speculators,
we are amazed at the persons who are invested with public
authority, and we are led to ask by what force, independent
of the legislation and of the men who direct it, the State can
be protected, and society be made to flourish.

There are certain laws of a democratic nature which con-
tribute, nevertheless, to correct, in some measure, the dan-
gerous tendencies of democracy. On entering the House of
Representatives of Washington one is struck by the vulgar
demeanor of that great assembly. The eye frequently does
not discover a man of celebrity within its walls. Its mem-
bers are almost all obscure individuals whose names present
no associations to the mind : they are mostly village lawyers,
men in trade, or even persons belonging to the lower classes
of society. In a country in which education is very general,
it is said that the representatives of the people do not always
know how to write correctly.

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At a few yards' distance from this spot is the door of the
Senate, which contains within a small space a large propor-
tion of the celebrated men of America. Scarcely an indi-
vidual is to be perceived in it who does not recall the idea of
an active and illustrious career: the Senate is composed of
eloquent advocates, distinguished generals, wise magistrates,
and statesmen of note, whose language would at all times do
honor to the most remarkable parliamentary debates of
Europe.

What then is the cause of this strange contrast, and why
are the most able citizens to be found in one assembly rather
than in the other? Why is the former body remarkable for
its vulgarity and its poverty of talent, whilst the latter seems
to enjoy a monopoly of intelligence and of sound judgment?
Both of these assemblies emanate from the people; both of
them are chosen by universal suffrage; and no voice has
hitherto been heard to assert in America that the Senate
is hostile to the interests of the people. From what cause,
then, does so startling a difference arise? The only reason
which appears to me adequately to account for it is, that
the House of Representatives is elected by the populace
directly, and that the Senate is elected by elected bodies.
The whole body of the citizens names the legislature of each
State, and the Federal Constitution converts these legislatures
into so many electoral bodies, which return the members of
the Senate, The senators are elected by an indirect applica-
tion of universal suffrage; for the legislatures which name
them are not aristocratic or privileged bodies which exercise
the electoral franchise in their own right ; but they are chosen
by the totality of the citizens ; they are generally elected every
year, and new members may constantly be chosen who will
employ their electoral rights in conformity with the wishes of
the public. But this transmission of the popular authority
through an assembly of chosen men operates an important
change in it, by refining its discretion and improving the forms
which it adopts. Men who are chosen in this manner ac-
curately represent the majority of the nation which governs
them; but they represent the elevated thoughts which are
current in the community, the propensities which prompt its
nobler actions, rather than the petty passions which disturb or
the vices which disgrace it.

DEMOCRACY IN AMERICA

207

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 repre-
sentation, or they will incur no small risk of perishing miserably
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 bring-
ing the exercise of political power to the level of all classes
of the people. Those thinkers who regard this institution
as the exclusive weapon of a party, and those who fear, on
the other hand, to make use of it, seem to me to fall into as
great an error in the one case as in the other.

Influence Which the American Democracy Has Ex-
ercised ON THE Laws Relating to Elections

When elections are rare, they expose the State to a violent crisis —
When they are frequent, they keep up a degree of feverish excite-
ment — The Americans have preferred the second of these two evils
— Mutability of the laws — Opinions of Hamilton and Jefferson 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 irremediable
for the candidates who fail, the consequences of their dis-
appointed 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 elec-
tions occur frequently, their recurrence keeps society in a per-
petual state of feverish excitement, and imparts a continual
instability to public aflfairs.

Thus, on the one hand the State is exposed to the perils of a
revolution, on the other to perpetual mutability; the former
system threatens the very existence of the Government, the
latter is an obstacle to all steady and consistent policy. The
Americans have preferred the second of these evils to the first ;
but they were led to this conclusion by their instinct much
more than by their reason ; for a taste for variety is one of the
characteristic passions of democracy. An extraordinary muta-
bility has, by this means, been introduced into their legisla-
tion. Many of the Americans consider the instability of their

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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
promulgation of bad laws, adds : " It might perhaps be said that
the power of preventing bad laws includes that of preventing
good ones, and may be used to the one purpose as well as to
the other. But this objection will have little weight with those
who can properly estimate the mischiefs of that inconstancy
and mutability in the laws which form the greatest blemish
in the character and genius of our 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 mis-
chievous effects of the mutability in the public councils aris-
ing from a rapid succession of new members would fill a
volume : every new election in the States is found to change one-
half of the representatives. From this change of men must
proceed a change of opinions and of measures, which forfeits
the respect and confidence of other nations, poisons the bless-
ings of liberty itself, and diminishes the attachment and rever-
ence of the people toward a political system which betrays so
many marks of infirmity."

Jefferson himself, the greatest Democrat whom the democ-
racy of America has 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 that we ought
to have obviated it by deciding that a whole year should always
be allowed to elapse between the bringing in of a bill and the
final passing of it. It should afterward be discussed and put
to the vote without the possibility of making any alteration in
it ; and if the circumstances of the case required a more speedy
decision, the question should not be decided by a simple ma-
jority, but by a majority of at least two-thirds of both houses."

DEMOCRACY IN AMERICA

209

Public Officers Under the Control of the Democracy

IN America

Simple exterior of the American public officers — No official costume —
All public officers are remunerated — Political consequences of this
system — No public career exists in America — Result of this.

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 per-
sons in authority is connected not only with the peculiarities
of the American character, but with the fundamental princi-
ples of that society. In the estimation of the democracy a
government is not a benefit, but a necessary evil. A certain
degree of power mus^ be granted to public officers, for they
would be of no use without it. But the ostensible semblance
of authority is by no means indispensable to the conduct of
affairs, and it is needlessly offensive to the susceptibility of
the public. The public officers themselves are well aware
that they only enjoy the superiority over their fellow-citizens
which they derive from their authority upon condition of put-
ting themselves on a level with the whole community by their
manners. A public officer in the United States is uniformly
civil, accessible to all the world, attentive to all requests, and
obliging in 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 au-
thority than to the man who bears them.

I am inclined to believe that the influence which costumes
really exercise, in an age like that in which we live, has been
a good deal exaggerated. I never perceived that a public officer
in America was the less respected whilst he was in the dis-
charge of his duties because his own merit was set off by no
adventitious signs. On the other hand, it is very doubtful
whether a pecul'ar 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 magis-
trate (and in France such instances are not rare) indulges his
trivial wit at the expense of the prisoner, or derides the pre-
dicament in which a culprit is placed, it would be well to de-
prive him of his robes of office, to see whether he would recall
Vol. I.— 14

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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 remu-
nerated by the State, the public charges must be entrusted to
men of opulence and independence, who constitute the basis
of an aristocracy; and if the people still retains its right of
election, that election can only be made from a certain class
of citizens. When a democratic republic renders offices which
had formerly been remunerated gratuitous, it may safely be
believed that the State is advancing to monarchical institutions ;
and when a monarchy begins to remunerate such officers as had
hitherto been unpaid, it is a sure sign that it is approaching
toward a despotic or a republican form of government. The
substitution of paid for unpaid functionaries is of itself, in my
opinion, sufficient to constitute a serious revolution.

I look upon the ,entire absence of gratuitous functionaries
in America as one of the most prominent signs of the absolute
dominion which democracy exercises in that country. All
public services, of whatsoever nature they may be, are paid;
so that every one has not merely the right, but also the means
of performing them. Although, in democratic States, all the
citizens are qualified to occupy stations in the Government, all
are not tempted to try for them. The number and the capaci-
ties of the candidates are more apt to restrict the choice of
electors than the conditions of the candidateship.

In nations in which the principle of election extends to every
place in the State no political career can, ' properly speaking,
be said to exist. Men are promoted as if by chance to the rank
which they enjoy, and they are by no means sure of retaining
it. The consequence is that in tranquil times public functions
oflfer but few lures to ambition. In the United States the per-
sons who engage in the perplexities of political life are in-
dividuals of very moderate pretensions. The pursuit of wealth
generally diverts men of great talents and of great passions
from the pursuit of power, and it very frequently happens that
a man does not undertake to direct the fortune of the State
until he ha* '"-covered his incompetence tp conduct his own

: of

DEMOCRACY IN AMERICA

211

affairs. The vast number of very ordinary men who occupy
public stations is quite as attributable to these causes as to the
bad choice of the democracy. In the United States, I am not
sure that the people would return the men of superior abilities
who might Solicit its support, but it is certain that men of this
description do not come forward.

Arbitrary Power of Magistrates Under the Rule of the
American Democracy

For what reason the arbitrary power of Magistrates is greater in ab-
solute monarchies and in democratic republics than it is it; limited
monarchies — Arbitrary powe "■ t Magistrates in New England.

In two different kinds of government the magistrates a ex-
ercise 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 officers are not more safe than private individuals. The
sovereign, who has under his control the lives, the property,
and sometimes the honor of the men whom he employs, does
not scruple to allow them a great latitude of action, because he
is convinced that they will not use it to his prejudice, in
despotic States the sovereign is so attached to the exercise of
his power, that he dislikes the constraint even of his own regu-
lations ; and he is well pleased that his agents should follow a
somewhat fortuitous line of conduct, provided he be certain
that their actions will never counteract his desires.

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 any abuse of their authority. As the
people is always able to signify its wishes to those who con-
duct the Government, it prefers leaving them to make their
own exertions to prescribing an invariable rule of conduct
which would at once fetter their activity and the popular au-
thority.

It may even be observed, on attentive consideration, that
under the rule of a democracy the arbitrary power of the

a I here use the word_ magistrates in
the widest sense in which it can be
taken; I apply it to all the ofiicers to

whom the execution of the laws is in-
trusted,

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magistrate must be still greater than in despotic States. In
the latter the sovereign has the power of punishing all the
faults with whicl. e becomes acquainted, but it would be vain
for him to hope to become acquainted with all those which are
committed. In the former the sovereign power* is not only
supreme, but it is universally present. The American func-
tiona ies are, in point of fact, rnuch more independent in the
sphere of action v 'lich the law traces out for them than any
public officer in Europe. Very frequently the object which
they are to accomplish is simply pointed out to them, and the
choice of the means is left to their own discretion.

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 officer of any kind was entr' i with so
formidable a right. In New England the same magistrates are
empowered to post the names of habitual drunkards in public-
houses, and to prohibit the inhabitants of a town from supply-
ing them with liquor.c A censorial power of this excessive kind
would be revolting to the population of the most absolute mon-
archies ; here, however, it is submitted to without difficulty.

Nowhere has so much been left by *' .w to the arbitrary
determination of the magistrate as in dc cratic 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 of the time of office is shortened. Hence arises
the great difficulty which attends the conversion of a demo-
cratic republic into a monarchy. The magistrate ceases to be
elective, but he retains the rights and the habits of an elected
officer, which lead directly to despotism.

It is only in limited monarchies that the law, which pre-
scribes the sphere in which public officers are to act, superin-
tends all their measures. The cause of this may be easily de-
tected. In limited monarchies the power is divided between

b See the Act of February 27, 1813. c See Act of February 28, 1787. " Gen-

" General Collection of the Laws of cral Collection of the Laws of Massa-
Massachusetts," vol. ii. p. 331. It should chusetts," vol. i. o. 302.
be added that the jurors are afterwards
drawn from these lists by lot.

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DEMOCRACY IN AMERICA

213

the King and the people, both of whom are interested in the
stabiHty of the magistrate. • The King does not venture to place
the public officers under the control of the people, lest they
should be tempted to betray his interests ; on the other hand,
the people fears lest the magistrates should serve to oppress
the liberties of the country, if they were entirely dependent
upon the Crown ; they cannot therefore be said to depend on
either one or the other. The same cause which induces the
king and the people to render public officers independent sug-
gests the necessity of such securities as may prevent their in-
dependence from encroaching upon the authority of the for-
mer and the liberties of the latter. They consequently agree
as to the necessity of restricting the functionary to a line of
conduct laid down beforehand, and they are interested in con-
fining him by certain regulations which he cannot evade.

Instability of the Administration in the United States

In America the public acts of a community frequently leave fewer traces
than the occurrences of a family — Newspapers the only historical re-
mains — Instability of the administration prejudicial to the art of
government.

The authority which public men possess in America is so
brief, and they are so soon commingled with the ever-chang-
ing population of the country, that the acts of a community
frequently leave fewer traces than the occurrences of a private
family. The public administration is, so to speak, oral and
traditionary. But little is committed to writing, and that little
is wafted away forever, like the leaves of the Sibyl, by the
smallest breeze.

The only historical remains in the United 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 con-
vinced that in fifty years it will be more difficult to collect au-
thentic documents concerning the social condition of the Amer-
icans at the present day than it is to find remains of the admin-
istration of France during the Middle Ages ; and if the United
States were ever invaded by barbarians, it would be necessary
to have recourse to the history of other nations in order to learn
anything of the people which now inhabits them.

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The instability of the administration has penetrated into the
habits of the people : it even appears to suit the general taste,
and no one cares for what occurred before his time. No me-
thodical system is pursued; no archives are formed; and no
documents are brought together when it would be very easy
to do so. Where they exist, little store is set upon them ; and
I have amongst my papers several original public documents
which were given to me in answer to some of my inquiries.
In America society seems to live from hand to mouth, like an
army in the field. Nevertheless, the art of administration '.nay
undoubtedly be ranked as a science, and no sciences can be
improved if the discoveries and observations of successive gen-
erations 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 gathers the fruits of individual experience upon its
way and gradually forms the sciences. But the persons who
conduct the administration in America can seldom aflford any
instruction to each other ; and when they assume the direct'on
of society, they simply possess those attainments which are
most widely disseminated in the community, and no experience
peculiar to themselves. Democracy, carried to its furthest
limits, is therefore prejudicial to the art of government; and
for this reason it is better adapted to a people already versed
in the conduct of an administration than to a nation which i;?
uninitiated in public affairs.

This remark, indeed, is not exclusively applicable to the sci-
ence 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 .rf At the first glance it may be imagined
to belong to the earliest ages of the world ; but maturer ob-
servation will convince us that it could only come last in the
succession of human history.

d It is needless to observe that I
speak here of the democratic form' of

government as applied to a people, not
merely to a tribe.

DEMOCRACY IN AMERICA

Charges Levied by the State Under the Rule op the
American Democracy

In all communities citizens divisible into three classes — Habits of each
of these classes in the direction of public finances — Why public ex-
penditure must tend to increase when the people governs — What
renders the extravagance of a democracy less to be feared in
America — Public expenditure under a democracy.

Before we can aflfirm whether a democratic form of govern-
ment is economical or not, we must establish a suitable standard
of comparison. The question would be one of easy solution
if we were to attempt to draw a parallel between a democratic
republic and an absolute monarchy. The public expenditure
would be found to be more considerable under the former than
under the latter ; such is the case with all free States compared
to those which are not so. It is certain that despotism ruins
individuals by preventing them from producing wealth, much
more than by depriving them of the wealth they have produced ;
it dries up the source of riches, whilst it usually respects ac-
quired property. Freedom, on the contrary, engenders far
more benefits than it destroys; and the nations which are fa-
vored by free institutions invariably find that their resources
increase even more rapidly than their taxes.

My present object is to compare free nations to each other,
and to point out the influence of democracy upon the finances
of a State.

Communities, as well as organic bodies, are subject to certain
fixed rules in their formation which they cannot evade. They
are composed of certain elements which are common to them
at all times and ur.der 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 es-
pecially 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 evident that each of these classes will exercise an influ-
ence peculiar to its own propensities upon the administration
of the finances of the State. If the first of the three exclusively

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possesses tlic legislative power, it is probable tliat it will not
be sparing of the public fluids, because the taxes which are
levied on a large fortune only tend to diminish the sum of super-
fluous enjoyment, and are, in point of fact, but little felt. If
the second class has the power of making the laws, it will cer-
tainly not be lavish of taxes, because nothing is so onerous as
a large impost which is levied upon a small income. The gov-
ernment of the middle classes appears to me to be the most
economical, though perhaps not the most enlightened, and cer-
tainly not the most gei orous, of free governments.

But let us now suppose that the legislative authority is vested
in the lowest orders: there are two striking reasons which
show that the tendency of the expenditure will be to increase,
not to diminish. As the great majority of those who create
the laws are possessed of no property upon which taxes can be
imposed, all the money which is spent for the community ap-
pears to be spent to their advantage, at no cost of their own ;
and those who arc possessed of some little property readily
find means of regulating 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 when they are in possession
of the Government.

In countries in which the poorc should be exclusively in-
vested with the power of making the laws no great economy of
public expenditure ought to be expected : that expenditure will
always be considerable ; either because the taxes do not weigh
upon those who levy them, or because they arc levied in such
a manner as not to weigh upon those classes. In other words,
the government of the democracy is the only one under which
the power which lays on taxes escapes the payment of them.

It may be objected (but the argument has no real weight)
that the true interest of the people is indissolubly connected
with that of the wealthier portion of the community, since it
cannot but suflfer by the severe measures to which it resorts.
But is it not the true interest of kings to render their subjects
happy, and the true interest of nobles to admit recruits into
their order on suitable grounds? If remote advantages had
power to prevail over the passions and the exigencies of the

t The word Poor is used here, and
throuRhout the remainder of this chap-
ter, in a relative, not in an absolute
sense. Poor men in America would

often appear rich in comparison with
the poor of Europe; but they may with
propriety by styled poor in comparison
with their more affluent countrymen.

DEMOCRACY IN AMERICA

917

moment, no such thing as a tyrannical sovereign or an exclusive
aristocracy couUl cvir exist.

Again, it may be ohjected that the poor arc never invested
with the sole power of making the laws ; but I reply, that wher-
ever universal sulTrage has been established the majority of
the conmnmity un(|uestional)Iy exercises the legislative author-
ity ; and if it be proved that the poor always constitute the
majority, it may be added, with perfect truth, that in the coun-
tries in which they possess the elective franchise they possess
the sole power of making laws-. But it is certain that in all the
nations of the world the greater number has always consisted
of those persons who hold no property, or of those whose prop-
erty is insufticient to exempt them from the r^'cessity of working
in order to procure an easy subsistence. UniviTsal sufifrage docs
therefore, in point of fact, i.vest the poor With the government
of society.

The disastrous inllucncc which ;'opuiir authority may some-
times exercise upon the finaices of .• State vas viry clearly
seen in some of the democratic republics of a; '^'quity, in which
the public treasure was exhausted in orde; 'i relieve indigent
citizens, or to supply the games an:! ♦heatrical amus. nents of
the populace. It is true that the rciircsentative .ty.jlem was
then very imperfectly known, and t lat, at the present time, the
influence of popular passion is less felt in the conduct of publiu
affairs; but it may be believed that the delegate will in the
end conform to the principles of his constituents, and favor
their propensities as much as their interests.

The extravagance of democracy is, however, less to be
dreaded in proportion as the people acquires a share of prop-
erty, because on the one hand the contributions of the rich are
then less needed, and, on the other, it is more difficult to lay
on taxes which do not affect the interests of the lower classes.
On this account universal suffrage would be less dangerous in
France than in England , I--, cause in the latter country the prop-
erty on which taxes may be levied is vested in fewer hands.
America, where the great majority of the citizens possess some
fortune, is in a vSti'l more favorable position than France.

There are st'H further causes which may increase the sum
of public expenditure in democratic countries. When the aris-
tocracy governs, the individuals who conduct the affairs of
State are exempted by their own station in society from every

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DE TOCQUEVILLE

kind of privation ; they are contented with their position ; power
and renown are the objects for which they strive ; and, as they
are placed far above the obscurer throng of citizens, they do
not always distinctly perceive how the well-being of the mass
of the people ought to redound to their own honor. They are
not indeed callous to the sufferings of the poor, but they cannot
feel those miseries as acutely as if they were themselves par-
takers of them. Provided that the people appear to submit to
its lot, the rulers are satisfied, and they demand nothing further
from the Government. An aristocracy is more intent upon the
means of maintaining its influence than upon the means of im-
proving its condition.

When, on the contrary, the people is invested with the su-
preme authority, the perpetual sense of their own miseries
impels the rulers of society to seek for perpetual ameliorations.
A thousand different objects are subjected to improvement ; the
most trivial details are sought out as susceptible of amendment ;
and those changes which are accompanied with considerable
expense are more especially advocated, since the object is to
render the condition of the poor more tolerable, who cannot
pay for themselves.

Moreover, all democratic communities are agitated by an
ill-defined excitement and by a kind of feverish impatience, that
engender a multitude of innovations, almost all of which are
attended with expense.

In monarchies and aristocracies the natural taste which the
rulers have for power and for renown is stimulated by the
promptings of ambition, and they are frequently incited by
these temptations to very costly undertakings. In democracies,
where the rulers labor under privations, they can only be courted
by such means as improve their well-being, and these improve-
ments cannot take place without a sacrifice of money. When
a people begins to reflect upon its situation, it discovers a multi-
tude of wants to which it had not before been subject, and to
satisfy these exigencies recourse must be had to the coffers
of the State. Hence it arises that the public charges increase
in proportion as civilization spreads, and that imposts are aug-
mented as knowledge pervades the community.

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 expenditure, because it does

DEMOCRACY IN AMERICA

219

not understand the art of being economical. As the designs
which it entertains are frequently changed, and the agents of
those designs are still more frequently removed, its undertak-
ings are often ill conducted or left unfinished: in the former
case the State spends sums out of all proportion to the end
which it proposes to accomplish; in the second, the expense
itself is unprofitable.^

Tendencies of the American Democracy as Regards the
Salaries of Public Officers

In democracies those who establish high salaries have no chance of
profiting by them — Tendency of the American democracy to in-
crease the salaries of subordinate officers and to lower those of the
more important functionaries — Reason of this — Comparative state-
ment of the salaries of public officers in the United States and in
France.

There is a powerful reason which usually induces democra-
cies to economize upon the salaries of public officers. As the
number of citizens who dispense the remuneration is extremely
large in democratic countries, so the number of persons who
can hope to be benefited by the receipt of it is comparatively
small. In aristocratic countries, on the contrary, the individ-
uals who fix high salaries have almost always a vague hope of
profiting by them. These appointments may be looked upon
as a capital which they create for their own use, or at least as
a resource for their children.

It must, however, be allowed that a democratic State is most
parsimonious towards its principal agents. In America the
secondary officers are much better paid, and the dignitaries of
the administration much worse, than they are elsewhere.

These opposite effects result from the same cause ; the people
fixes the salaries of the public officers in both cases; and the
scale of remuneration is determined by the consideration of its
own wants. It is held to be fair that the servants of the public
should be placed in the same easy circumstances as the public
itself ; s but when the question turns upon the salaries of the

f The gross receipts of the Treasury
of the United States in 1832 were about
$28,000,000; in T870 they had risen to
$411,000,000. The gross expenditure in
1832 was $30,000,000; in 1870, $309,000,000.

g The easy circumstances in which
secondary functionaries are placed in
the United States result also from an-
other cause, which is independent of

the general tendencies of democracy;
every kind of private business is very
lucrative, and the State would not be
served at all if it did not pay its ser-
vants. The country is in the position
of a commercial undertaking, which is
obliged to sustain an expensive compe-
tition, notwithstanding its tastes tor
economy.

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DE TOCQUEVILLE

great officers of St;»te, this rule fails, and chance alone can guide
the popular decision. The poor have no adequate conception
of the wants which the higher classes of society may feel. The
sum which is scanty to the rich appears enormous to the poor
man whose wants do not extend beyond the necessaries of life ;
and in his estimation the Governor of a State, with his twelve or
fifteen hundred dollars a year, is a very fortunate and eaviable
being.A If you undertake to convince him that the representative
of a great people ought to be able to maintain some show of
splendor in the eyes of foreign nations, he will perhaps assent to
your meaning ; but when he reflects on his own humble dwelling,
and on the hard-earned produce of his wearisome toil, he remem-
bers all that he could do with a sa4ary which you say is insuffi-
cient, and he is startled or almost frightened at the sight of such
uncommon wealth. Besides, the secondary public officer is al-
most on a level with the people, whilst the others are raised
above it. The former may therefore excite his interest, but the
latter begins to arou.«e 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.*

Under the rule of an aristocracy it frequently happens, on
the contrary, that whilst the high officers are receiving munifi-
cent salaries, the inferior ones have not more than enough to
procure the necessaries of life. The reason of this fact is easily
discoverable from causes very analogous to those to which I

h 'rf^

h The State of Ohio, which contains
a million of inhabitants, gives its Gov-
ernor a salary of only $1,200 a year.

• To render this assertion perfectly
evident, it will suffice to examine the
scale of salaries of the agents of the

UNITED STATES

Treasury Department

Messenger $700

Clerk with lowest salary 1,000

Clerk with highest salary 1,600

Chief Clerk 2,000

Secretary of State 6,000

The President 25,000

T hpve perhaps done wrong in se-
lecting France as my standard of com-
parison. In France the democratic
tendencies of the nation exercise an
ever-increasing influence upon the Gov-
ernment, and the Chambers show a
disposition to raise the low salaries and
to lower the nrincipal ones. Thu«, tlic
Minister of Finance, who received 160.-
000 fr. under the Empire, receives 80,-

Federal Government. I have added the
salaries attached to the corresponding
officers in France under the constitu-
tional monarchy to complete the com-
parison.

MinUtire des Finances

Hussier 1..S00 fr.

Clerk with lowest salary, 1,000 to 1,800 fr.
Clerk with hip;hest salary 3,200 to 8,600 fr.

Secretaire-general 20,000 fr.

The Minister 80,000 fr.

The King 12,000,000 fr.

000 fr. in 18,35: the Direcfcnrs-penorrMix
of Finance, who then received so.ooo fr.,
now receive only 20,000 fr. [This com-
parison is based on the state of things
existinii in France and the United
States in 1831. It has since materially
altered in both countries, but not so
much as to impugn the truth of the au-
thor's observation.]

'\ ,

DEMOCRACY IN AMERICA

221

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 the term aright) the fellow of the rich one;
but he is a being of another species. An aristocracy is therefore
apt to care but little for the fate of its subordinate agents ; and
their salaries are only raised when they refuse to perform their
service for too scanty a remuneration.

It is the parsimonious conduct of democracy towards its prin-
cipal officers which has countenanced a supposition of far more
economical propensities than any which it really possesses. It
is true that it scarcely allows the means of honorable subsistence
to the individuals who conduct its affairs ; but enormous sums
are lavished to meet the exigencies or to facilitate the enjoy-
ments of the people./ The money raised by taxation may be
better employed, but it is not saved. In general, democracy
gives largely to the community, and very sparingly to those who
govern it. The reverse is the case in aristocratic countries,
where the money of the State is expended to the profit of the
persons who are at the head of affairs.

Difficulty of Distinguishing the Causes which Con-
tribute TO THE Economy of the American Govern-
ment

We are liable to frequent errors in the research of those facts
which exercise a serious influence upon the fate of mankind,
since nothing is more difficult than to appreciate their real value.
One people is naturally inconsistent and enthusiastic ; another
is sober and calculating; and these characteristics originate in
their physical constitution or in remote causes with which we
are unacquainted.

There are nations which are fond of parade and the bustle
of festivity, and which do not regret the costly gaieties of an
hour. Others, on the contrary, are attached to more retiring

y See the American budgets for the
cost of indigent citizens and gratuitous
instruction. In 1831 $250,000 were spent
in the State of New York for the main-
tenance of the poor, and at least $i,ooo,-
000 were devoted to srratuitous instruc-
tion. (William's " New York Annual

Register," 1832, pp. 205 and 243.) The
State of New York contained only i.goo,-
000 inhabitants in the year 1830, which is
mt more than double the amount of
population in the Department du Nord
in France.

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222

DE TOCQUEVILLE

pleasures, and seem almost ashamed of appearing to be pleased.
In some countries the highest value is set upon the beauty of
public edifices ; in others the productions of art are treated with
indifference, and everything which is unproductive is looked
down upon with contempt. In some renown, in others money,
is the ruling passion.

Independently of the laws, all these causes concur to exer-
cise a very powerful influence upon the conduct of the finances
of the State. If the Americans never spend the money of the
people in galas, it is not only because the imposition of taxes is
under the control of the people, but because the people takes
no delight in public rejoicings. If they repudiate all ornament
from their architecture, and set no store on any but the more
practical and homely advantages, it is not only because they live
under democratic institutions, but because they are a commer-
cial nation. The habits of private life are continued in public ;
and we ought carefully to distinguish that economy which de-
pends upon their institutions from that which is the natural re-
sult of their manners and customs.

Whether the Expenditure of the United States can
be comp;.red to that of france

Two points to be established in order to estimate the extent of the pub-
lic charges, viz., the national wealth and the rate of taxation — The
weaUh and the charges of France not accurately known — Why the
wealth and charges of the Union cannot be accurately known — Re-
searches of the author with a view to discover the amount of taxa-
tion of Pennsylvania — General symptoms which may serve to in-
dicate the amount of the public charges in a given nation — Result of
this investigation for the Union.

Many attempts have recently been made in France to com-
pare the public expenditure of that country with the expendi-
ture of the United States; all these attempts have, however,
been unattended by success, and a few words will suffice to
show that they could not have had a satisfactory result.

In order to estimate the amount of the public charges of
a people two preliminaries are indispensable: it is necessary,
in the first place, to know the wealth of that people; and in
the second, to learn what portion of that wealth is devoted to
the expenditure of the State. To show the amount of taxation
without showing the resources which are destined to meet the

DEMOCRACY IN AMERICA

223

demand, is to undertake a futile labor; for it is not the ex-
penditure, but the relation of the expenditure to the revenue,
which it is desirable to know.

The same rate of taxation which may easily be supported
by a wealthy contributor will reduce a poor one to extreme
misery. The wealth of nations is composed of several distinct
elements, of which population is the first, real property the sec-
ond, and personal property the third. The first of these three
elements may be discovered without difficulty. Amongst civil-
ized nations it is easy to obtain an accurate census of the in-
habitants; but the two others cannot be determined with so
much facility. It is difficult to take an exact account of all the
lands in a country which are under cultivation, with their nat-
ural or their acquired value ; and it is still more impossible to
estimate the entire personal property which is at the disposal
of a nation, and which eludes the strictest analysis by the di-
versity and the number of shapes under which it may occur.
And, indeed, we find that the most ancient civilized nations of
Europe, including even those in which the administration is
most central, have not succeeded, as yet, in determining the
exact condition of their wealth.

In America the attempt has never been made ; for how would
such an investigation be possible in a country where society has
not yet settled into habits of regularity and tranquillity ; where
the national Government is not assisted by a multitude of agents
whose exertions it can command and direct to one sole end;
and where statistics are not studied, because no one is able to
collect the necessary documents, or to find time to peruse them ?
Thus the primary elements of the calculations which have been
made in France cannot be obtained in the Union ; the relative
wealth of the two countries is unknown; the property of the
former is not accurately determined, and no means exist of
computing that of the latter,

I consent, therefore, for the sake of the discussion, to aban-
don this necessary term of the comparison, and I confine myself
to a computation of the actual amount of taxation, without in-
vestigating the relation which subsists between the taxation and
the revenue. But the reader will perceive that my task has not
been facilitated by the limits which I here lay down for my re-
searches.

It cannot be doubted that the central administration of

! S\

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DE TOCQUEVILLE

France, assisted by all the public officers who are at its disposal,
might determine with exactitude the amount of the direct and
indirect taxes levied upon the citizens. But this investigation,
which no private individual can undertake, has not hitherto
been completed by the French Government, or, at least, its re-
sults have not been made public. We are acquainted with the
sum total of the charges of the State ; we know the amount of
the departmental expenditure; but the expenses of the com-
munal divisions have not been computed, and the amount of
the public expenses of France is consequently unknown.

If we now turn to America, we shall perceive that the diffi-
culties are multiplied and enhanced. The Union publishes an
exact return of the amount of its expenditure ; the budgets of
the four and twenty States furnish similar returns of their
revenues ; but the expenses incident to the aflfairs of the coun-
ties and the townships are unknown.^

The authority of the Federal government cannot oblige the
provincial governments to throw any light upon this point ; and
even if these governments were inclined to afford their simul-
taneous co-operation, it may be doubted whether they possess
the means of procuring a satisfactory answer. Independently
of the natural difficulties of the task, the political organization
of the country would act as a hindrance to the success of their
efforts. The county and town magistrates are not appointed
by the authorities of the State, and they are not subjected to
their control. It is therefore v-ry allowable to suppose that,
if the State was desirous of obta. ling the returns which we re-
quire, its design would be counteracted by the neglect of those

k The Americans, as we have seen,
have {our separate budgets, the Union,
the States, the Counties, and the Town-
ships having each severally their own.
DurinK my stay in America I made
every endeavor to discover 'le amount
of the public expenditure iu the town-
ships and counties of the principal
States of the Union, and I readily ob-
tained the budget of the larger town-
ships, but I found it quite impossible
to procure that of the smaller ones. I
possess, however, some documents re-
lating to county expenses, which, al-
though incomplete, are still curious. I
have to thank Mr. Richards, Mayor of
Philadelphia, for the budgets of thir-
teen of the counties of Pennsylvania,
viz., Lebanon, Centre, Franklin, Fay-
ette, Montgomery, Luzerne, Dauphin,
Tiutler, Alleghany, Columbia, North-
ampton, Northumberland, and Philadel-
phia, for the year 1830. Their popula-
tion at that time consisted of 495,207

inhabitants. On looking at the map of
Pennsylvania, it will be seen that these
thirteen counties are scattered in every
direction, and so generally aflfected by
the causes which usually influence the
condition of a country, that they may
easily be supposed to furnish a correct
average of the financial state of the
counties of Pennsylvania in general;
and thus, upon reckoning that the ;x-
penses of these counties amounted in
the year 18.30 to about $.161,650, or nearly
75 cents for each inhabitant, and calcu-
lating that cnch of them contributed in
the same vcar about $2.55 towards the
Union, and about 75 cents to the State of
Pennsylvania, it appears that they each
contributed as their share of all the pub-
lic expenses (except those of the town-
ships) the sum ot $4.05. This calcula-
tion is doubly incomplete, as it applies
only to a single year and to one part of
the public charges; but it has at least
the merit of not being conjectural,

DEMOCRACY IN AMERICA

22$

subordinate officers 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 they have
hitherto 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 the Union annually contributes
to the public charges of the nation.w

Hence we must conclude that it is no less difficult to compare
the social expenditure than it is to estimate the relative wealth
of France and America. I will even add that it would be
dangerous to attempt this comparison ; for when statistics are
not based upon computations which are strictly accurate, they

I Those who have attempted to draw
a comparison between the expenses of
France and America have at once per-
ceived that no such comparison could
be drawn between the total expenditure
of the two countries; i)ut they have en-
deavored to contrast detached portions
of this expenditure. It may readily be
shown that this second system is not
at all less defective than the first. If I
attempt to compare the French budget
with the budget of the Union, it inunit
be remembered that the latter embraces
much fewer objects than the central
Government of the former country, and
that the expenditure must conscciuently
be much smaller. If I contrast the bud-
gets of the Departments with those
of the States which constitute the
tJnion, it must be observed that, as the
power and control exercised by the
States is much greater than that which
is exercised by the Departments, their
expenditure is also more considerable.
As for the budgets of the counties,
nothing of the kind occurs in the
French system of finances; and it is,
again, doubtful whi ther the correspond-
ing expenses shouJd be referred to the
budget of the State or to those of the
municipal divisions. Municipal expenses
exist in both countries, but they are
not always analogous. In America the
townships discharge a variety of offices
which are reserved in France to the De-
partments or to the State. It may, more-
over, he asked what is to be understood
bv the municipal expenses of America.
TJie organization of the municipal
bodies or townships differs in the sev-
eral Staxc=. Are we to be guided by
what occurs in New Enjfland or in
Gcoriiia, in Pennsylvania or in the State
of Illinois? A kind of analogy may very
readily be perceived between certain
budgets in the two countries; but as
the elements of which they are com-
posed always differ more or less, no fair
comparison can he instituted between
them. [The same difficulty exists, per-
haps to a greater degree at the present
time, when the taxation of America has
largely increased.— 1874.]

m Even if we knew the exact pecuniary
contributions of every French andAmer-

VOL. I.— IS

ican citizen to the coflFers of the State,
we should only come at a portion of the
truth. Governments do not only demand
supplies of money, but they call fur
personal services, which may be looked
upon as equivalent to a given sum.
When a State raises an army, besides
the pay of the troops, which is furnished
by the entire nation, each soldier must
give up his time, the value of which
depends on the use he might make of
it if he were not in the service. The
same remark applies to the militia; the
citizen who is in thf militia devotes a
certain portion of valuable time to the
maintenance of the public peace, and
he does in reality surrender to the State
those earnings which he is prevented
from gaining. Many other instances
might be cited in addition to these. The
governments of France and of America
both levy taxes of this kind, which
weigh upon the citizens; but who can
estimate with accuracy their relative
amount in the two countries?

This, however, is not the last of the
difficulties which prevent us from com-
paring the expenditure of the Union
with that of France. The French Gov-
ernment contracts certain obligations
which do not exist in America, and
vice versa. The French Government
pays the clergy; in America the vol-
untary principle prevails. In America
there is a legal provision for the poor;
in France they are abandoned to the
charity of the public. The French pub-
lic officers are paid by a fixed salary;
in America they are allowed certain per-
quisites. In France contributions in
kind take place on very few roads; in
America upon almost all the thorough-
fares: in the former country the roads
are free to all travellers; in the latter
turnpikes abound. All these differences
in the manner in which contributions
are levied in the two countries enhance
the difficulty of comparing their expen-
diture; for there are certain expenses
which the citizens would not be subject
to, or which would at any rate be much
less considerable, if the St.ite did not
take upon itself to act in the name of
the public.

(

226

DE TOCQUEVILLE

mislead instead of guiding aright. The mind is easily imposed
upon by the false affectation of exactness, which prevails even
in the misstatements of science, and it adopts with confidence
errors which are dressed in the forms of mathematical truth.

We abandon, therefore, our numerical investigation, with
the hope of meeting with data of another kind. In the absence
of positive documents, we may form an opinion as to the pro-
portion which the taxation of a people bears to its real pros-
perity, by observing whether its external appearance is flourish-
ing; whether, after having discharged the calls of the State,
the poor man retains the means of subsistence, and the rich the
means of enjoyment ; and whether both classes are contented i
with their position, seeking, however, to ameliorate it by per-
petual exertions, so that industry is never in want of capital,
nor capital unemployed by industry. The observer who draws
his inferences from these signs will, undoubtedly, be led to the
conclusion that the American of the United States contributes
a much smaller portion of his income to the State than the citi-
zen of France. Nor, indeed, can the result be otherwise.

A portion of the French debt is the consequence of two suc-
cessive invasions; and the Union has no similar calamity to
fear. A nation placed upon the continent of Europe is obliged
to maintain a large standing army ; the isolated position of the
Union enables it to have only 6,000 soldiers. The French have
a fleet of 300 sail ; the Americans have 52 vessels." How, then,
can the inhabitants of the Union be called upon to contribute
as largely as the inhabitants of France? No parallel can be
drawn between the finances of two countries so differently sit-
uated.

It is by examining what actually takes place in the Union,
and not by comparing the Union with France, that we may dis-
cover whether the American Government is really economical.
On casting my eyes over the different republics which form the
confederation, I perceive that their Governments lack perse-
verance in their undertakings, and that they exercise no steady
control over the men whom they employ. Whence I naturally
infer that they must often spend the money of the people to no
purpose, or consume more of it than is really necessary to their

Civil War, amounted to $2,480,672,437;
that of France was more than doubled

n See the details in the Budget of the
French Minister of Marine; and for
America, the National Calendar of i8m.
" — ■ public debt of the

p. 228.
United

the
tates in

fBut
Si

1870, caused by the

by the extravagance of the Second Em-
pire and by the war of 1870.]

DEMOCRACY IN AMERICA

2:7

undertakings. Great efforts are made, in accordance with the
democratic origin of society, to satisfy the exigencies of the
lower orders, to open the career of power to th-^tr endeavors,
and to diffuse knowledge and comfort amongst them. The
poor are maintained, immense sums are annually devoted to
public instruction, all services whatsoever are remunerated, and
the most subordinate agents are liberally paid. If this kind of
government appears to me to be useful and rational, I am never-
theless constrained to admit that it is expensive.

Wherever the poor direct public affairs and dispose of the
national resources, it appears certain that, as they profit by the
expenditure of the State, they are apt to augment that expendi-
ture.

I conclude, therefore, without having recourse to inaccurate
computations, and without hazarding a comparison which might
prove incorrect, that the democratic government of the Ameri-
cans is not a cheap government, as is sometimes asserted ; and
I have no hesitation in predicting that, if the people of the
United States is ever involved in serious difficulties, its taxation
will speedily be increased to the rate of that which prevails in
the greater part of the aristocracies and the monarchies of
Europe.o

■

Corruption and Vices of the Rulers in a Democracy, and
Consequent Effects upon Public Morality

In aristocracies rulers sometimes endeavor to corrupt the people — In
democracies rulers frequently show themselves to be corrupt — In
the former their vices are directly prejudicial to the morality of the
people — In the latter their indirect influence is still more pernicious.

A distinction must be made, when the aristocratic and the
democratic principles mutually inveigh against each other, as
tending to facilitate corruption. In aristocratic governments
the individuals who are placed at the head of affairs are rich
men, who are solely desirous of power. In democracies states-
men are poor, and they have their fortunes to make. The con-
sequence is that in aristocratic States the rulers are rarely ac-
cessible to corruption, and have very little craving for money ;
whilst the reverse is the case in democratic nations.

But in aristocracies, as those who are desirous of arriving

[That is precisely what has since occurred.]

;',fl

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DE TOCQUEVILLE

at the head of aflFairs are possessed of considerable wealth, and
as the number of persons by whose assistance they may rise is
comparatively small, the government is, if I may use the ex-
pression, put up to a sort of auction. In democracies, on the
contrary, those who are covetous of power are very seldom
wealthy, and the number of citizens who confer that power is
extremely great. Perhaps in democracies the number of men
who might be bought is by no means smaller, but buyers are
rarely to be met with; and, besides, it would be necessary to
buy so many persons at once that the attempt is rendered nuga-
tory.

Many of the men who have been in the administration in
France during the last forty years have been accused of making
their fortunes at the expense of the State or of its allies; a
reproach which was rai ely addressed to the public characters of
the ancient monarchy. But in France the practice of bribing
electors is almost unkn)wn, whilst it is notoriously and publicly
carried on in England. In the United States I never heard a
man accused of spending his wealth in corrupting the populace ;
but I have often heard the probity of public officers questioned ;
still more frequently have I heard their success attributed to
low intrigues and immoral practices.

If, then, the men who conduct the government of an aris-
tocracy sometimes endeavor to corrupt the people, the heads
of a democracy are themselves corrupt. In the former case the
morality of the people is directly assailed ; in the latter an in-
direct influence is exercised upon the people which is still more
to be dreaded.

As the rulers of democratic nations are almost always exposed
to the suspicion of dishonorable conduct, they in some measure
lend the authority of the Government to the base practices of
which they are accused. They thus afford an example which
must prove discouraging to the struggles of virtuous indepen-
dence, and must foster the secret calculations of a vicious ambi-
tion. If it be asserted that evil passions are displayed in all
ranks of society, that they ascend the throne by hereditary right,
and that despicable characters are to be met with at the head
of aristocratic nations as well as in the sphere of a democracy,
this objection has but little weight in my estimation. The
corruption of men who have casually risen to power has a coarse
and vulgar infection in it which renders it contagious to the

DEMOCRACY IN AMERICA

••9

multitude. On the contrary, there is a kind of aristocratic
refinement and an air of grandeur in the depravity of the great,
which frequently prevent it from spreading abroad.

The people can never penetrate into the perplexing labyrinth
of court intrigue, and it will always have difficulty in detecting
the turpitude which lurks under elegant manners, refined tastes,
and graceful language. But to pillage the public purse, and
to vend the favors of the State, are arts which the meanest
villain may comprehend, and hope to practice in his turn.

In reality it is far less prejudicial to witness the immorality
of the great than to witness that immorality which leads to
greatness. In a denocracy private citizens see a man of their
own rank in life, who rises from that obscure position, and who
becomes possessed of riches and of power in a few years ; the
spectacle excites their surprise and their envy, and they are led
to inquire how the person who was yesterday their equal is
to-day their ruler. To attribute his rise to his talents or his
virtues is unpleasant ; for it is tacitly to acknowledge that they
are themselves less virtuous and less talented than he was. They
are therefore led (and not unfrequently their conjecture is a
correct one) to impute his success mainly to some one of his
defects ; and an odious mixture is thus formed of the ideas of
turpitude and power, unworthiness and success, utility and dis-
honor.

Efforts of Which a Democracy is Capable

The Union has only had one struggle hitherto for its existence — En-
thusiasm at the commencement of the war — Indiflference towards its
close — Difficulty of establishing military conscription or impress-
ment of seamen in America — Why a democratic people is less
capable of sustained efTort than another.

I here warn the reader that I speak of a government which
implicitly follows ihe real desires of a people, and not of a gov-
ernment which simply commands in its name. Nothing is so
irresistible as a tyrannical power commanding in the name of
the people, because, whilst it exercises that moral influence
which belongs to the decision of the majority, it acts at the
same time with the promptitude and the tenacity of a single
man.

It is difficult to say what degree of exertion a democratic
government may be capable of making a crisis in the history

330

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'Pt* IJ

of the nation. But no great dcmoc. .m.v* reiiublic has hitherto
existed in the world. To style the oltj, . liy which ruled over
France in 1793 by that name would be to offer an insult to the
republican form of government. The United States afford the
first example of the kind.

The American Union has now subsisted for half a century,
in the course of which time its existence has only once been
attacked, namely, during the War of Independence. At the
commencement of that long war, various occurrences took place
which betokened an extraordinary zeal for the service of the
country./* But as the contest was prolonged, symptoms of
private egotism began to show themselves. No money was
poured into the public treasury; few recruits could be raised
to join the army ; the people wished to acquire independence,
but was very ill-disposed to undergo the privatio*-" by which
alone it could be obtained. " Tax laws," says Hamilton in the
"Federalist" (No. 12), "have in vain been multiplied; new
methods to enforce the collection have in vain been tried ; the
public expectation has been uniformly disappointed and the
treasuries of the States have remained empty. The popular
system of administration inherent in the nature of popular gov-
ernment, coinciding with the real scarcity of money incident
to a languid and mutilated state of trade, has hitherto defeated
every experiment for extensive collections, and has at length
taught the different legislatures the folly of attempting them."

The United States have not had any serious war to carry
on ever since that period. In order, therefore, to appreciate
the sacrifices which democratic nations may impose upon
themselves, we must wait until the American people is obliged
to put half its entire income at the disposal of the Government,
as was done by the English ; or until it sends forth a twentieth
part of its population to the field of battle, as was done by
France.9

In America the use of conscription is unknown, and men
are induced to enlist by bounties. The notions and habits of
the people of the United States are so opposed to compulsory

p One of the most singular of these
occurrences was the resolution which
the Americans took of temporarily
abandoning the use of tea. Those who
know that men usually cling more to
their habits than to their life will doubt-
less admire* this great though obscure
sacrifice which was made by a whole
people.

g [The Civil War showed that when
the necessity arose the American peo-
ple, both in the North and in the South,
are capable of makinf? the most enor-
mous sacrifices, both in money and in
men.]

DKMOCRACY IN AMERICA

«3«

enlistment that I do not imagine it can ever be sanctioned by
the laws. What is termed the conscription in France is as-
suredly the heaviest tax upon the population of that country ;
yet how could a great continental war be carried on without it ?
The Americans have not adopted the British impressment of
seamen, and they have nothing which corresponds to the
French system of maritime conscription ; the navy, as well as
the merchant service, is supplied by voluntary service. But
it is not easy to conceive how a people can sustain a great mari-
time war without having recourse to one or the other of these
two systems. Ituleed, the Union, which has fought with some
honor upon the seas, has never possessed a very numerous tlcct,
and the equipment of the small number of American vessels
has always been excessively expensive.

I have heard American statesmen confess that the Union
will have great difficulty in maintaining its rank on the seas
without adopting the system of impressment or of maritime
conscription ; but the difficulty is to induce the people, which
exercises the supreme authority, to submit to impressment or
any compulsory system.

It is incontestable that in times of danger a free people dis-
plays far more energy than one which is not so. But I in.cline
to believe that this is more especially the case in those free
nations in which the democratic element preponderates. De-
mocracy appears to me to be much better adapted for the peace-
ful conduct of society, or for an occasional effort of remarkable
vigor, than for the hardy and prolonged endurance of the
storms which beset the political existence of nations. The rea-
son is very evident; it is enthusiasm which prompts men to
expose themselves to dangers and privations, but they will not
support them long without reflection. There is more calcula-
tion, even in the impulses of bravery, than is generally attrib-
uted to them ; and although the first efforts are suggested bv
passion, perseverance is maintained by a distinct regard of the
purpose in view. A portion of what we value is exposed, in
order to save the remainder.

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, ire great,
it is to be feared that the still greater sufferings attendant upon
defeat will be forgotten.

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DE TOCQUEVILLE

Another cause tends to render the efforts of a democratic
government less persevering than those of an aristocracy. Not
only are the lowei classes less awakened than the higher orders
to the good or evil chances of the future, but they are liable
to suffer far mere acutely from present privations. The noble
exposes his life, indeed, but the chance of glory is equal to the
chance of harm. If he sacrifices a large portion of his income
to the State, he deprives himself for a time of the pleasures of
affluence; but to the poor man death is embeUished by no
pomp or renown, and the imposts which are irksome to the rich
are fatal to him.

This relative impotence of democratic republics is, perhaps,
the greatest obstacle to the foundation of a republic of this kind
in Europe. In order that such a State should subsist in one
country of the Old World, it would be necessary that similar
institutions should be introduced into all the other nations.

I am of opinion that a democratic government tends in the
end to increase the real strength of society ; but it can never
combine, upon a single point and at a given time, so much
power as an aristocracy or a monarchy. If a democratic coun-
try remained during a whole century subject to a republican
government, it would probably at the end of that period be
more populous and more prosperous than the neighboring des-
potic States. But it would have incurred the risk of being con-
quered much oftener than they would in that lapse of years.

lit, I
I
I, .:

Self-Control of the American Democracy

The Ameiiran people acquiesces slowly, or frequently does not ac-
quiesce, in what is beneficial to its interests — The faults of the
American democracy are for the most part reparable.

The difficulty which a democracy has in conquering the pas-
sions and in subduing the exigencies of the moment, with a
view to the future, is conspicuous in the most trivial occurrences
of the United States. The people, which is suriounded by flat-
terers, has great diflficulty in surmounting its inclinations, and
whenever it is solicited to undergo a privation or any kind of
inconvenience, even to attain an end which is sanctioned by
its own rational convicUon, it almost always refuses to comply
at first. The deference of the Americans to the laws has been
very justly applauded ; but it must be added that in America

DEMOCRACY IN AMERICA

«33

the legislation is made by the people and for the people. Con-
sequently, in the United States the law favors those classes
which are most interested in evading it elsewhere. It may there-
fore be supposed that an offensive law, which should not be
acknowledged to be one of immediate utility, would either not
be enacted or would not be obeyed.

In America there is no law against fraudulent bankruptcies ;
not because they are few, but because there are a great number
of bankruptcies. The dread of being prosecuted as a bankrupt
acts with more intensity upon the mind of the majority of the
people than the fear of being involved in losses or ruin by the
failure of other parties, and a sort of guilty tolerance is extended
by the public conscience to an offence which everyone con-
demns in his individual capacity. In the new States of the
Southwest the citizens generally take justice into their own
hands, and murders are of very frequent occurrence. This arises
from the rude manners and the ignorance of the inhabitants
of those deserts, who do not perceive the utility of investing
the law with adequate force, and who prefer duels to prosecu-
tions.

Someone observed to me one day, in Philadelphia, that al-
most all crimes in America are caused by the abuse of intoxi-
cating liquors, which the lower classes can procure in great
abundance, from their excessive cheapness. " How comes it,"
said I, " that you do not put a duty upon brandy? " " Our
legislators," rejoined my informant, " have frequently thought
of this expedient; but the task of putting it in operation is
a difficult one ; a revolt might be apprehended, and the mem-
bers who should vote for a law of this kind would be sure of
losing their seats." " Whence I am to infer," replied I, " that
the drinking population constitutes the majority in your coun-
try, and that temperance is somewhat unpopular."

When these things are pointed out to the American states-
men, they content themselves with assuring you that time will
operate the necessary change, and that the experience of evil
will teach the people its true interests. This is frequently true,
although a democracy is more liable to error than a monarch
or a body of nobles ; the chances of its regaining the right path
when once it has acknowledged its mistake, are greater also ;
because it is rarely embarrassed by internal interests, which
conflict with those of the majority, and resist the authority of

y !

'!'

ifi

t i

■■ (( i
-■ I

(

234

DE TOCQUEVILLE

reason. But a democracy can only obtain truth as the result
of experience, and many nations may forfeit their existence
whilst they are awaiting the consequences of their errors.

The great privilege of the Americans does not simply con-
sist in their being more enlightened than other nations, but in
their being able to repair the faults they may commit. To
which it must be added, that a democracy cannot derive sub-
stantial benefit from past experience, unless it be arrived at
a certain pitch of knowledge and civilization. There are tribes
and peoples whose education has been so vicious, and whos«_
character presents so strange a mixture of passion, of igno-
rance, and of erroneous notions upon all subjects, that they
are unable to discern the causes of their own wretchedness, and
they fall a sacrifice 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 have myself passed some time in the midst of mutilated
tribes, which witness the daily decline of their numerical
strength and of the glory of their independence ; and I have
heard these Indians themselv^' anticipate the impending doom
of their race. Every European can perceive means which would
rescue these unfortunate beings from inevitable destruction.
They alone are insensible to the expedient ; they feel the woe
which year after year heaps upon their heads, but they will
perish to a man without accepting the remedy. It would be
necessary to employ force to induce them to submit to the pro-
tection and the constraint of civilization.

The incessant revolutions which have convulsed the South
American provinces 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 affirmed that the turmoil
of revolution is not actually the most natural state of the South
American Spaniards at the present time ? In that country so-
ciety is plunged into difficulties from which all its efforts are
insufficient to rescue it. The inhabitants of that fair portion
of the Western Hemisphere seem obstinately bent on pursuing
the work of inward havoc. If they fall into a momentary repose
from the effects of exhaustion, that repose prepares them for
a fresh state of frenzy. When I consider their condition, which
alternates between misery and crime, I should be inclined to

DEMOCRACY IN AMERICA

235

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.

Conduct of Foreign Affairs by tiili: American Democracy

Direction given to the foreign policy of the United States by Washing-
ton and Jefferson — Almost all the defects inherent in democratic
institutions are brought to light in the conduct of foreign affairs —
Their advantages are less perceptible.

We have seen that the Federal Constitution entrusts the per-
manent direction of the external interests of the nation to the
President and the Senate/ which tends in some degree to de-
tach the general foreign policy of the Union from the control
of the people. It cannot therefore be asserted with truth that
the external affairs of State are conducted by the democracy.

The policy of America owes its rise to Washington, and after
him to Jefferson, who established those principles which it
observes at the present day. Washington said in the admirable
letter which he addressed to his fellov -citizens, and which may
be looked upon as his political bequest to the country : " The
grep* rule of conduct for us in regard to foreign nations is, in
extending our commercial relations, to have with them as little
political connection as possible. So far as we have already
formed engagements, let them be fulfilled with perfect good
faith. Here let us stop, Europe has a set of primary interests
which to us have none, or a very remote relation. Hence, she
must be engaged in frequent controversies, the causes of
which are essentially foreign to our concc.ns. Hence, there-
fore, it must be unwibc U: us to implicate ourselves, by artificial
ties, in the ordi'iary ^•ici'--situcc*s of her politics, or the ordinary
combinations and cotii iioiis cf li r friendships or enmities. Our
detached and dist uic situatic ! invites and enables us to pursue
a different courrc. If we remuii) one people, under an efficient
government, the peri or.! is not far oft when we may defy mate-
rial injury from external annoyance ; when we may take such
an attitude as will cause the neutrality we may at any time re-
solve upon to be scrupulously respected ; when belligerent

r " The President," says the Consti-
tution, Art. II, sect. 2, § 2, " shall have
power, hy and with the advice and con-
sent of the Sen.ite, to make treaties, pro-
vided two-thirds of the senators present

concur." The reader is reminded that
the senators are returned for a term of
six years, and that they are chosen by
the legislature of each State.

236

DE TOCQUEVILLE

nations, under the impossibility of making acquisitions upon
us, will not lightly hazard the giving us provocation; when
we may choose peace or war, as our interest, guided by justice,
shall counsel. Why forego the advantages of so peculiar a
situation ? Why quit our own to stand upon foreign ground ?
Why, by interweaving our destiny with that of any part of
Europe, entangle our peace and prosperity in the toils of Euro-
pean ambition, rivalship, interest, humor, or caprice? It is
our true policy to steer clear of permanent alliances with any
portion of the foreign world; so far, I mean, as we are. now
at liberty to do it ; for let me not be understood as capable of
patronizing infidelity to existing engagements. I hold the
maxim no less applicable to public than to private afifairs, that
honesty is always the best policy. I repeat it; therefore, let
those engagements be observed in their genuine sense ; but
in my opinion it is unnecessary, and would be unwise, to extend
them. Taking care always to keep ourselves, by suitable es-
tablishments, in a respectable defensive posture, we may safely
trust to temporary alliances for extraordinary emergencies."
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 habitual fond-
ness is in some degree a slave. It is a slave to its animosity
or to its affection, either of which is sufficient to lead it astray
from its duty and its interest."

The political conduct of Washington was always guided by
these maxims. He succeeded in maintaining his country in
a state of peace whilst all the other nations of the globe were
at war; and he laid it down as a fundamental doctrine, that
the true imprest of the Americans consisted in a perfect neu-
trality with regard to the internal dissensions of the European
Powers.

Jefferson went still further, and he introduced a maxim into
the policy of the Union, which affirms that " the Americans
ought never to solicit any privileges from foreign nations, in
order not to be obliged to grant similar privileges themselves."

These two principles, which were so plain and so just as to
be adapted to the capacity of the populace, have greatly simpli-
fied the foreign policy of the United States. As the Union
takes no part in the affairs of Europe, it has, properly speaking,
no foreign interests to discuss, since it has at present no power-

. ' !, 1

DEMOCRACY IN AMERICA

237

ful neighbors on the American continent. The country is as
much removed from the passions of the Old World by its posi-
tion as by the line of policy which it has chosen, and it is neither
called upon to repudiate nor to espouse the conflicting interests
of Europe ; whilst the dissensions of the New World are still
concealed within the bosom of the future.

The Union is free from all pre-existing obligations, and it
is consequently enabled to profit by the experience of the old
nations of Europe, without being obliged, as they are, to make
the best of the past, and to adapt it to their present circum-
stances ; or to accept that immense inheritance which they
derive from their forefathers — an inheritance of glory mingled
with calamities, and of alliances conflicting with national an-
tipathies. The foreign policy of the United States is reduced
by its very nature to await the chances of the future history of
the nation, and for the present it consists more in abstaining
from interference than in exerting its activity.

It is therefore very difficult to ascertain, at present, what
degree of sagacity the American democracy will display in
the conduct of the foreign policy of the country; and upon
this point its adversaries, as well as its advocates, must suspend
their judgment. As for myself I have no hesitation in avowing
my convictior , that it is most especially in the conduct of for-
eign relations that democratic governments appear to me to be
decidedly inferior to governments carried on upon dififerent
principles. Experience, instruction, and habit may almost al-
ways succeed in creating a species of practical discret.on in
democracies, and that science of the daily occurrences of life
which is called good sense. Good sense may suffice to direct
the ordinary course of society; and amongst a people whose
edurrition has been provided for, the advantages of democratic
liberty in the internal afifairs of the country may more than
compensate for the evils inherent in a democratic government.
But such is not always the case in the mutual relations of for-
eign nations.

Foreign politics demand scarcely any of those qualities which
a democracy possesses ; and they require, on the contrary, the
pertect use of almost all those faculties in which it is deficient.
Democracy is favorable to the increase of the internal re-
sources of the State ; it tends to diffuse a moderate indepen-
dence; it promotes the growth of public spirit, and fortifies

■»*»*»*<«»i*«MB««W-«w-.

I .

'\ -

238

DE TOCQUEVILLE

the respect which is entertained for law in all classes of society ;
and these are advantages which only exercise an indirect in-
fluence over the relations which one people bears to another.
But a democracy is unable to regulate the details of an impor-
tant undertaking, to persevere in a design, and to work out
its execution in the presence of serious obstacles. It cannot
combine its measures with secrecy, and it will not await their
consequences with patience. These are qualities which more
especially belong to an individual or to an aristocracy; and
they are precisely the means by which an individual people at-
tains to a predominant position.

If, on the contrary, we observe the natural defects of aris-
tocracy, we shall find that their influence is comparatively in-
noxious 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 Uieir own advantage than that
of the mass of the people. In foreign politics it is rare for the
interest of the aristocracy 10 be in any wny distinct from that
of the people.

The propensity which democracies have to obey the impulse
of passion rather than the suggestions of prudence, and to
abandon a mat. ire design for the gratification of a momentary
caprice, was very clearly seen in America on the breaking out
of the French Revolution. It was then as evident to the sim-
plest 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 about to deluge Europe with blood, but which could
by no iTieans injure the welfare of their own country. Never-
theless the sympathies of the people declared themselves with
so much violence in behalf of France that nothing but the in-
flexible character of Washington, and the immense popularity
which he enjoyed, could have prevented the Americans from
declaring war against England. And even then, the exertions
which the austere reason of that great man made to repress the
generous but imprudent passions of his fellow-citizens, very
nearly deprived him of the sole recompense which he had ever
claimed — tl at of his country's love. The majority then repro-
batt>d the line of pc'irv which he adopted, and which has since
been i;naniniousIy approved by the nation.^ If the Constitu-

J See the fifth voliim* of M.^rshall's
" Life of Washington." In a gov-

ernment constituted like that of the

'il

v"*

DEMOCRACY IN AMERICA

239

tion and the favor of the public had not entrusted the direction
of the foreign affairs of the country to Washington, it is certain
that the American nation would at that time have taken the
very measures which it now condemns.

Almost all the nations which have ever exercised a powerful
influence upon the destinies of the world by conceiving, follow-
ing up, and executing vast designs — from the Romans to the
English — have been governed by aristocratic institutions. Nor
will this be a subject of wonder when we recollect that nothing
in the world has so absolute a fixity of purpose as an aristoc-
racy. The mass of the people may be led astray by ignorance
or passion ; the mind of a king may be biased, and his perse-
verance in his designs may be shaken — besides which a king
is not immortal — but an aristocratic body is too numerous to
be led astray by the blandishments of intrigue, and yet not
numerous enough to yield reaclily to the intoxicating influence
of unreflecting passion: it has the energy of a firm and en-
lightened individual, added to the power which it derives from
perpetuity.

siblc for the chief magistrate, however
firm he may be, to oppose for any
length of time the torrent of popular
opinion; and the prevalent opinion of
that day seemed to incline to war. In
fact, in the session of Congress held at
the time, it was frequently seen that
Washington had lost the majority in
the House of Representatives." The vio-
lence of the language used against him
in public was extreme, and in a political
meeting they did not scruple to com-
pare him indirectly to the treacherous

Arnold. " By the opposition," says
Marshall, " the friends of the adminis-
tration were declared to be an aristo-
cratic and corrupt faction, who, from
a desire to introduce monarchy, were
hostile to France and under the influ-
ence of Britain; that they were a paper
nobility, whose extreme sensibility at
everv measure which threatened the
funds, induced a tame submission to
injuries and insults, which the inter-
ests and honor of the nation required
them to resist."

ir.'i

if'

CHAPTER XIV

WHAT THE REAL ADVANTAGES ARE WHICH AMERICAN
SOCIETY DERIVES FROM THE GOVERNMENT OF THE
DEMOCRACY

BEFORE I enter upon the subject of the present chapter
I am induced to remind the reader of what I have more
than once adverted to in the course of this book. The
political institutions of the United States appear to nie 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 mean-
ing, or from believing, that similar advantages can only be
obtained from the same laws.

1 1

General Tendency of the Laws under the Rule of the
American Democracy, and Habits of Those who Ap-
ply THEM

Defects of a democratic government easy to be discovered — Its ad-
vantages only to be discerned by long observation — Democracy in
America often inexpert, but the general tendency of the laws ad-
vantageous — In the American democracy public officers have no
permanent interests distinct from those of the majority — Result 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 flagrant instances, whilst its beneficial influence is less
perceptibly exercised. A single glance suffices to detect its
evil consequences, but its good qualities can only be discerned
by long observation. The laws of the American democracy
are frequently defective or incomplete ; they sometimes attack
vested rights, or give a sanction to others which are dangerous

240

DEMOCRACY IN AMERICA

241

to the community; but even if they were good, the frequent
changes which they undergo would be an evil. How comes it,
then, that the American republics prosper and maintain their
position ?

In the consideration of laws a distinction must be carefully
observed between the end at which they aim and the means by
which they are directed to that end, between their absolute
and their relative excellence. If it be the intention of the leg-
islator to favor the interests of the minority at the expense of
the majority, and if the measures he takes are so combined as
to accomplish the object he has in view with the least possible
expense of time and exertion, the law may be well drawn up,
although its purpose be bad; and the more efficacious it is,
the greater is the mischief which it causes.

Democratic laws generally tend to promote the welfare of
the greatest possible number ; for they emanate from the ma-
jority of the citizens, who are subject to error, but who can-
not have an interest opposed to their own advantage. The laws
of an aristocracy tend, on the contrary, to concentrate wealth
and power in the hands of the minority, because an aristocracy,
by its very nature, constitutes a minority. It may therefore be
asserted, as a general proposition, that the purpose of a dem-
ocracy 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
legislation than democracies ever can be. They are possessed
of a self-control which protects them from the errors of 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 ineffective or in-
opportune. The means of democracy are therefore more im-
perfect than those of aristocracy, and the measures which it un-
wittingly 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 transitcfry ac-
tion of bad laws, and that it can await, without destruction,
Vol. I.— 16

1' M

242

DE TOCQUEVILLE

the general tendency of the legislation : we shall then be able
to conceive that a democratic government, notwithstanding
its defects, will be most fitted to conduce to the prosperity of
this community. This is precisely what has occurred in the
United States ; and I repeat, what I have before remarked,
that the great advantage of the \inericans consists in their
being able to commit faults which tltvy may afterward repair.

An analogous observation may be made respecting public
officers. It is easy to perceive that the American democracy
frequently errs in the choice of the individuals to whom it en
trusts the power of the administration ; but it is more difficult
to say why the State prospers under their rule. In the first
place it is to be remarked, that if in a democratic State the
governors have less honesty and less capacity than elsewhere,
the governed, on the oth(T hand, arc more enlightened and
more attentive to their interests. As the people in democracies
is more incessantly vigilant in its affairs and more jealous of
its rights, it prevents its representatives from abandoning that
general line of conduct which its own interest prescribes. In
the second place, it must be remembered that if the democratic
magistrate is more apt to misuse his power, he possesses it for
a shorter period of time. But there is yet another reason
which is still more general and conclusive. It is no doubt of
importance to the welfare of nations that they should be gov-
erned h-/ men of talents and virtue ; but it is perhaps still more
important that the interests of those men should not differ
from the interests of the community at large ; for, if such were
the case, virtues of a high order might become useless, and
talents might be turned to a bad account. I say that it is im-
portant that the interests of the persons in authority should
not conflict with or oppose the interests of the community at
large ; but I do not insist upon their having the same interests
as the whole population, because I am not aware that such a
state of things ever existed in any country.

No political form has hitherto been discovered which is equal-
ly favorable to the prosperity and the development of all the
classes into which society is divided. These classes continue to
form, as it were, a certain number of distinct nations in the
same nation ; and experience has shown that it is no less dan-
gerous to place the fate of these classes exclusively in the hands
of any one of them than it is to make one people the arbiter of

DEMOCRACY IN AMERICA

a43

the destiny of another. When the rich alone govern, the in-
terest of the poor is always endangered ; and when the poor
make the laws, that of the rich incurs very scrr.ous risks. The
advnntagc of democracy docs 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 af-
fairs in the United States are frequently inferior, both in point
of capacity and of morality, to those whom aristocratic institu-
tions would raise to power. But their interest is identifie<! and
confounded with that of the majority of their fellow-citizens.
They may frequently be faithless and frequently mistaken, but
they will never systematically adopt a line of conduct opposed
to the will of the rity ; and it is impossible that they should

give a dangeroi 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
these two men will never unite their endeavors to promote the
corruption and inaptitude of their remote posterity. The am-
bition and the manoeuvres of the one will serve, on the cqn-
trary, to unmask the other. The vices of a magistrate, in dem-
ocratic 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 coa-
lesce, 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 per-
sons in authority, but to unite them to a considerable portion
of the community, since a numerous body of citizens belongs
to the aristocracy, without being invested with official func-
tions. The aristocratic magistrate is therefore constantly sup-
ported by a portion of the community, as well as by the Gov-
ernment of which he is a member.

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The common purpose which connects the interest of the
magistrates in aristocracies with that of a portion of their
contemporaries identifies it with that of future generations;
their influence belongs to the future as much as to the present.
The aristocratic magistrate is urged at the same time toward
the same point by the passions of the community, by his own,
and I may almost add by those of his posterity. Is it, then,
wonderful that he does not resist such repeated impulses?
And indeed aristocracies are often carried away by the sp'rit
of their order without being corrupted by it; and they un-
consciously fashion society to their own ends, and prepare it
for their own descendants.

The English aristocracy is perhaps the most liberal which
ever existed, and no body of men has ever, uninterruptedly,
furnished so many honorable and enlightened individuals to
the government of a country. It cannot, however, escape 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 few. The con-
sequence is, that England, at the present day, combines the
extremes of fortune in the bosom of her society, and her perils
and calamities are almost equal to her power and her renown.o

In the United States, where the public officers have no in-
terests to promote connected with their caste, the general and
constant influence of the Government is beneficial, although
the individuals who conduct it are frequently unskilful and
sometimes contemptible. There is indeed a secret tendency in
democratic institutions to render the exertions of the citizens
subservient to the prosperity of the community, notwithstand-
ing their private vices and mistakes ; whilst in aristocratic in-
stitutions there is a secret propensity which, notwithstanding
the talents and the virtues of those who conduct the govern-
ment, leads them to contribute to the evils which oppress their
fellow-creatures. In aristocratic governments public men may
frequently do injuries which they do not intend, and in demo-
cratic states they produce advantages which they never thought
of.

a [The legislation of England {or the
fortv years is certainly not fairly open
to this criticism, which was written be-
fore the Reform Bill of 1832, and accord-

ingly Great Britain has thus far escaped
and surmounted the perils and calami-
ties to which she seemed to be ex-
posed.]

1^ :

DEMOCRACY IN AMERICA

Public Spirit in the United States

*45

Patriotism of instinct— Patriotism of reflection— Their different char-
acteristics — Nations ought to strive to acquire the second when the
first has disappeared— Efforts of the Americans to acquire it — In-
terest of the individual intimately connected with that of the country.

There is one sort of patriotic attachment which principally
arises from that instinctive, disinterested, and undefinable feel-
ing which connects the affections of man with his birthplace.
This natural fondness is united to a taste for ancient customs,
and to a reverence for ancestral traditions of the past ; those
who cherish it love their country as they love the mansions of
their fathers. They enjoy the tranquillity which it affords
them ; they cling to the peaceful habits which they have con-
tracted within its bosom; they are attached to the reminis-
cences which it awakens, and they are even pleased by the state
of obedience in which they are placed. This patriotism is
sometimes stimulated by religious enthusiasm, and then it is
capable of making the most prodigious efforts. It is in itself
a kind of religion ; it does not reason, but it acts from the im-
pulse of faith and of sentiment. By some nations the monarch
has been regarded as a personification of the country ; and the
fervor of patriotism being converted into the fervor of loyalty,
they took a sympathetic pride in his conquests, and gloried in
his power. At one time, under the ancient monarchy, the
French felt a sort of satisfaction in the sense of their dependence
upon the arbitrary pleasure of their king, and they were wont
to say with pride, " We are the subjects of the most powerful
king in the world."

But, like all instinctive passions, this kind of patriotism is
more apt to prompt transient exertion than to supply the mo-
tives of continuous endeavor. It may save the State in critical
circumstances, but it will not unfrequently allow the nation to
decline in the midst of peace. Whilst the manners of a people
are simple and its faith unshaken, whilst society is steadily
based upon traditional institutions whose legitimacy has never
been contested, this instinctive patriotism is wont to endure.

But there is another species of attachment to a country
which is more rational than the one we have been describing.
It is perhaps less generous and less ardent, but it is more
fruitful and more lasting ; it is coeval with the spread of knowl-

•■i'
t

246

DE TOCQUEVILLE

edge, it is nurtured by the laws, it grows by the exercise of
civil rights, and, in the end, it is confounded with the personal
interest of the citizen. A man comprehends the influence
which the prosperity of his country has upon his own welfare ;
he is aware that the laws authorize him to c jntribute his as-
sistance to that prosperity, and he labors to promote it as a por-
tion of his interest in the first place, and as a portion of his
right in the second.

But epochs sometimes occur, in the course of the existence
of a nation, at which the ancient customs of a people are
changed, public morality destroyed, religious belief disturbed,
and the spell of tradition broken, whilst the diffusion of knowl-
edge is yet imperfect, and the civil rights of the community
are ill secured, or confined within very narrow limits. The
country then assumes a dim and dubious shape in the eyes of
the citizens; they no longer behold it in the soil which they
inhabit, for that soil is to them a dull inanimate clod ; nor in
the usages of their forefathers, which they have been taught to
look upon as a debasing yoke ; nor in religion, for of that they
doubt; nor in the laws, which do not originate in their own
authority ; nor in the legislator, whom they fear and despise.
The country is lost to their senses, they can neither discover
it under its own nor under borrowed features, and they en-
trench themselves within the dull precincts of a narrow egot-
ism. They are emancipated from prejudice without having ac-
knowledged the empire of reason ; they are neither animated
by the instinctive patriotism of monarchical subjects nor by
the thinking patriotism of republican citizens ; but they have
stopped halfway between the two, in the midst of confusion
and of distress.

In this predicament, to retreat is impossible; for a people
cannot restore the vivacity of its earlier times, any more than
a man can return to the innocence and the bloom of childhood ;
such things may be regretted, but they cannot be renewed.
The only thing, then, which remains to be done is to proceed,
and to accelerate the union of private with public interests,
since the period of disinterested patriotism is gone by forever.

I am certainly very far from averring that, in order to ob-
tain this result, the exercise of political rights should be im-
mediately granted to all the members of the community. But
I maintain that the most powerful, and perhaps the only, means

DEMOCRACY IN AMERICA

247

of interesting men in the welfare of their country which we
still possess is to make them partakers in the Government.
At the present time civic zeal seems to me to be inseparable
from the exercise of political rights ; and I hold that the num-
ber of citizens will be found to augment or to decrease in
Europe in proportion as those rights are extended.

In the United States the inhabitants were thrown but as
yesterday upon the soil which they now occupy, and they
brought neither customs nor traditions with them there ; they
meet each other for the first time with no previous acquaint-
ance ; in short, the instinctive love of their country can scarcely
exist in their minds ; but everyone takes as zealous an interest
in the affairs of his township, his county, and of the whole
State, as if they were his own, because everyone, in his sphere,
takes an active part in the government of society.

The lower orders in the United States are alive to the per-
ception of the influence exercised by the general prosperity
upon their own welfare ; and simple as this observation is, it
is one which is but too rarely made by the people. But in
America the people regards this prosperity as the result of
its own exertions; the citizen looks upon the fortune of the
public as his private interest, and he co-operates in its success,
not so much from a sense of pride or of duty, as from what I
shall venture to term cupidity.

It is unnecessary to study the institutions and the history
of the Americans in order to discover the truth of this re-
mark, for their manners render it sufficiently evident. As the
American participates in all that is done in his country, he
thinks himself obliged to defend whatever may be censured ;
for it is not only his country which is attacked upon these
occasions, but it is himself. The consequence is, that his na-
tional pride resorts to a thousand artifices, and to all the petty
tricks of individual vanity.

Nothing is more embarrassing in the ordinary intercourse
of life than this irritable patriotism of the Americans. A
stranger may be very well inclined to praise many of the in-
stitutions of their country, but he begs permission to blame
some of the peculiarities which he observes — a permission
which is, however, inexorably refused. America is therefore a
free country, in which, lest anybody should be hurt by your
remarks, you are not allowed to speak freely of private indi-

(■

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248

DE TOCQUEVILLE

viduals, or of the State, of the citizens or of the authorities,
of public or of private undertakings, or, in short, of anything
at all, except it be of the climate and the soil ; and even then
Americans will be found ready to defend either the one or the
other, as if they had been contrived by the inhabitants of the
country.

In our times option must be made between the patriotism
of all and the government of a few ; for the force and activity
which the first confers are irreconcilable with the guarantees
of tranquillity which the second furnishes.

Notion of Rights in the United States

No great people without a notion of rights — How the notion of rights
can be given to people — Respect of rights in the United States —
Whence it arises.

After the idea of virtue, I know no higher principle than
that of right; or, to speak more accurately, these two ideas
are commingled in one. The idea of right is simply that of
virtue introduced into the political world. It is the idea of
right which enabled men to define anarchy and tyranny; and
which taught them to remain independent without arrogance,
as well as to obey without servility. The man who submits
to violence is debased by his compliance ; but when he obeys
the mandate of one who possesses that right of atithority which
he acknowledges in a fellow-creature, he rises in some measure
above the person who delivers the command. There are no
great men without virtue, and there are no great nations —
it may almost be added that there would be no society — with-
out the notion of rights ; for what is the condition of a mass of
rational and intelligent beings who are only united together by
the bond of force ?

I am persuaded that the only means which we possess at
the present time of inculcating the notion of rights, and of
rendering it, as it were, palpable to the senses, is to invest
all the members of the community with the peaceful exercise
of certain rights: this is very clearly seen in children, who
are men without the strength and the experience of manhood.
When a child begins to move in the midst of the objects
which surround him, he is instinctively led to turn every-
thing which he can lay his hands upon to his own purposes ;

I) i '1-

DEMOCRACY IN AMERICA

■4»

he has no notion of the property of others ; but as he gradually
learns the value of things, and begins to perceive that he
may in his turn be deprived of his possessions, he becomes
more circumspect, and he observes those rights in others which
he wishes to have respected in himself. The principle which
the child derives from the possession of his toys is taught to
the man by the objects which he may call his own. In America
those complaints against property in general which are so
frequent in Europe are never heard, because in America there
are no paupers ; and as everyone has property of his own to
defend, everyone recognizes the princinle 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 political
rights, because they exercise those rights; and they refrain
from attacking those of other people, in order to ensure their
own from attack. Whilst in Europe the same classes some-
times recalcitrate even against the supreme power, the Ameri-
can submits without a murmur to the authority of the pettiest
magistrate.

This truth is exemplified by the most trivial details of na-
tional peculiarities. In France very few pleasures are ex-
clusively reserved for the higher classes; the poor are ad-
mitted wherever the rich are received, and they consequently
behave with propriety, and respect whatever contributes to
the enjoyments in which they themselves participate. In Eng-
land, where wealth has a monopoly of amusement as well as of
power, complaints are made that whenever the poor happen
to steal into the enclosures which are reserved for the pleas-
ures of the rich, they commit acts of wanton mischief: can
this be wondered at, since care has been taken that they should
have nothing to lose ?t>

The government of democracy brings the notion of political
rights to the level of the humblest citizens, just as the dis-
semination of wealth brings the notion of property within the
reach of all the members of the community ; and I confess that,
to my mind, this is one of its greatest advantages. I do not
assert that it is easy to teach men to exercise political rights ;

b [This, too, has been .nmended by
much larger provisions for the amuse-
ments of the people in public parks,
gardens, museums, etc.; and the con-

duct of the people in these places of
amusement has improved in the same
proportion.]

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but I maintain that, when it is possible, the effects which re-
sult from it are highly important ; and I add that, if there ever
was a time at which such an attempt ought to be made, that
time is our own. It is clear that the influence of religious be-
hef is shaken, and that the notion of divine rights is declining ;
it is evident that public morality is vitiated, and the notion of
moral rights is also disappearing : these are general symptoms
of the substitution of argument for faith, and of calculation for
the impulses of sentiment. If, in the midst of this general dis-
ruption, you do not succeed in connecting the notion of rights
with that of personal interest, which is the only immutable
point in the human heart, what means will you have of gov-
erning the world except by fear? When I am told that, since
the laws are weak and the populace is wild, since passions are
excited and the authority of virtue is paralyzed, no measures
must be taken to increase the rights of the democracy, I reply,
that it is for these very reasons that some measures of the
kind must be taken; and I am persuaded that governments
are still more interested in taking them than society at large,
because governments are liable to be destroyed and society
cannot perish.

I am not, however, inclined to exaggerate the example
which America furnishes. In those States the people are in-
vested with political rights at a time when they could scarcely
be abused, for the citizens were few in number and simple in
their manners. As they have increased, the Americans have
not augmented the power of the democracy, but they have, if I
may use the expression, extended its dominions.

It cannot be doubted that the moment at which political
rights are granted to a people that had before been without
them is a very critical, though it be a necessary one. A child
may kill before he is aware of the value of life ; and he may
deprive another person of his property before he is aware
that his own may be taken away from him. The lower orders,
when first they are invested with political rights, stand, in re-
lation to those rights, in the same position as the child does
to the whole of nature, and the celebrated adage may then be
applied to them, Homo puer robustus. This truth may even
be perceived in America. The States in which the citizens have
enjoyed their rights longest are those in which they make the
best use of them.

DEMOCRACY IN AMERICA

•51

It cannot be repeated too often that nothing is more fertile in
prodigies than the art of being free ; but there is nothing more
arduous than the apprenticeship of liberty. Such is not the
case with despotic institutions: despotism often promises to
make amends for a thousand previous ills ; it supports the right,
it protects the oppressed, and it maintains public order. The
nation is lulled by the temporary prosperity which accrues to
it, until it is roused to a sense of its own misery. Liberty, on
the contrary, is generally established in the midst of agitation,
it is perfected by civil discord, and its benefits cannot be ap-
preciated until it is already old.

. (•'

Respect for the Law in the United States

Respect of the Americans for the law — Parental affection which they
entertain for it — Personal interest of everyone to increase the au-
thority of the law.

It is not always feasible to consult the whole people, either
directly or indirectly, in the formation of the law ; but it can-
not be denied that, when such a measure is possible the
authority of the law is very much augmented. This popular or-
igin, which impairs the excellence and the wisdom of legisla-
tion, contributes prodigiously to increase its power. There is
an amazing strength in the expression of the determination of
a whole people, and when it declares itself the imagination of
those who are most inclined to contest it is overawed by its
authority. The truth of this fact is very well known by par-
ties, and they consequently strive to make out a majority when-
ever they can. If they have not the greater number of voters
on their side, they assert that the true majority abstained from
voting; and if they are foiled even there, they have recourse
to the body of those persons who had no votes to give.

In the United States, except slaves, servants, and paupers in
the receipt of relief from the townships, there is no class of per-
sons who do not exercise the elective franchise, and who 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 trample upon its decision.

A second reason, which is still more weighty, may be further
adduced ; in the United States everyone is personally interested
in enforcing the obedience of the whole community to the law ;

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for as the minority may shortly rally the majority to its prin-
ciples, 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 States, 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 kmd of
parental affection.

I am wrong, however, in saying all classes ; for as in America
the European scale of authority is inverted, the wealthy are
there placed in a position analogous to that of the poor in the
Old World, and it is the opulent classes which frequently look
upon the law with suspicion. I have already observed that the
advantage of democracy is not, as has been sometimes asserted,
that it protects the interests of the whole community, but sim-
ply that it protects those of the majority. In the United States,
where the poor rule, the rich have always some reason to dread
the abuses of their power. This natural anxiety of the rich
may produce a sullen dissatisfaction, but society is not disturbed
by it ; for the same reason which induces the rich to withhold
their confidence in the legislative authority makes them obey
its mandates ; their wealth, which prevents them from making
the law, prevents them from withstanding it. Amongst civil-
ized nations revolts are rarely excited, except by such persons
as have nothing to lose by them ; and if the laws of a democracy
are not always worthy of respect, at least they always obtain it ;
for those who usually infringe the laws have no excuse for not
complying with the enactments they have themselves made,
and by which they are themselves benefited, whilst the citi-
zens whose interests might be promoted by the infraction of
them are induced, by their character and their stations, to sub-
mit to the decisions of the legislature, whatever they may be.
Besides which, the people in America obeys the law not only
because it emanates from the popular authority, but because

DEMOCRACY IN AMERICA

353

that authority may modify it in any points which may prove
vexatory ; a law is observed because it is a self-imposed evil in
the first place, and an evil of transient duration in the second.

Activity which Pervades all the Branches op the
Body Politic in the United States; Influencic which
IT Exercises upon Society

More difficult to conceive the political activity which pervades the
United States than the freedom and equality which reign there —
The great activity which perpetually agitates the legislative bodies
is only an episode to the general activity — Difficult for an American
to confine himself to his own business — Political agitation extends
to all social intercourse — Commercial activity of the Americans
partly attributable to this cause — Indirect advantages which society
derives from a democrati': government.

On passing from a country in which free institutions are es-
tablished to one where they do not exist, the traveller is struck
by the change ; in the former all is bustle and activity, in the
latter everything is calm and motionless. In the one, amelio-
ration and progress are the general topics of inquiry ; in the
other, it seems as if the community only aspired to repose in
the enjoyment of the advantages which it has acquired.
Nevertheless, the country which exerts itself so strenuously to
promote its welfare is generally more wealthy and more pros-
perous than that which appears to be so contented with its lot ;
and when we compare them together, we can scarcely conceive
how so many new wants are daily felt in the former, whilst so
few seem to occur in the latter.

If this remark is applicable to those free countries in which
monarchical and aristocratic institutions subsist, it is still more
striking with regard to democratic republics. In these States
it is not only a portion of the people which is busied with the
amelioration of its social condition, but the whole community
is engaged in the task ; and it is not the exigencies and the con-
venience of a single class for which a provision is to be made,
but the exigencies and the convenience of all ranks of life.

It is not impossible to conceive the surpassing liberty which
the Americans enjoy ; some idea may likewise be formed of the
extreme equality which subsists amongst them, but the political
activity which pervades the United States must be seen in order
to be understood. No sooner do you set foot upon the Amer-

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ican soil than you are stunned by a kind of tumult ; a confused
clamor is heard on every side; and a thousand simultaneous
voices demand the immediate satisfaction of their social wants.
Everything is in motion around you ; here, the people of one
quarter of a town are met to decide upon the building of a
church ; there, the election of a representative is going on ; a
little further the delegates of a district arc posting to the town
in order to consult upon some local improvements ; or in an-
other place the laborers of a village quit their ploughs to delib-
erate upon the project of a road or a public school. Meetings
are called for the sole purpose of declaring their disapprobation
of the line of conduct pursued by the Government ; 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
State labors, and which solemnly bind themselves to give a
constant example of temperance.?

The great political agitation of the American legislative
bodies, which is the only kind of excitement that attracts the
attention of foreign countries, is a mere episode or a sort of
continuation of that universal movement which originates in
the lowest classes of the people and extends successively to all
the ranks of society. It is impossible to spend more efforts in
the pursuit of enjoyment.

The cares of political life engross a most prominent place in
the occupation of a citizen in the United States, and almost the
only pleasure of which an American has any idea is to take a
part in the Government, and to discuss the part he has taken.
This feeling pervades the most trifling habits of life ; even the
women frequently attend public meetings and listen to political
harangues as a recreation after their household labors. De-
bating clubs are to a certain extent a substitute for theatrical
entertainments :• an American cannot converse, but he can dis-
cuss ; and when he attempts to talk he falls into a dissertation.
He speaks to you as if he was addressing a meeting ; and if he
should chance to warm in the course of the discussion, he will
infallibly say, " Gentlemen," to the person with whom he is
conversing.

c At the time of my stay in the
United States the temperance societies
already consisted of more than 270,000
members, and their eScU had been to

diminish the consumption of fermented
liquors by $00,000 f^allons per annum in
the State of Pennsylvania alone.

DEMOCRACY IN AMERICA

255

In some countries the inhabitants display a certain repug-
nance to avail themselves of the political privileges with which
the law invests them ; it would seem that they set too high a
value upon their time to spend it on the interests of the com-
munity ; and they prefer to withdraw within the exact limits
of a wholesome egotism, marked out by four sunk fences and
a quickset hedge. But if an American were condemned to con-
fme his activity to his own affairs, he would be robbed of one-
half of his existence ; he would feel an immense void in the life
which he is accustomed to lead, and his wretchedness would be
unbearable.^ I am persuaded that, if ever a despotic govern-
ment is established in America, it will find it more difficult to
surmount the habits which free institutions have engendered
than to conquer the attachment of the citizens to freedom.

This ceaseless agitation which democratic government has
introduced into the political world influences all social inter-
course. I am not sure that upon the whole this is not the great-
est advantage 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 that the people frequently conducts public
business very ill ; but it is impossible that the lower orders
should take a part in public business without extending the
circle of their ideas, and without quitting the ordinary routine
of their mental acquirements. The humblest individual who
is called upon to co-operate in the government of society ac-
quires a certain degree of self-respect ; and as he possesses au-
thority, he can command the services of minds much more en-
lightened than his own. He is canvassed by a multitude of
applicants, who seek to deceive him in a thousand different
ways, but who instruct him by their deceit. He takes a part
in political undertakings which did not originate in his own
conception, but which give him a taste for undertakings of the
kind. New ameliorations are daily pointed out in the prop-
erty 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

rfThe same remark was made at
Rome under the first Cxsars. Montes-
quieu somewhere alludes to the exces-
sive despondency of certain Roman cit-

izens who, after the excitement of polit-
ical life, were all at once flung back into
the stagnation of private life.

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United States, joined to the physical constitution of the coun-
try, are the cause (not the direct, as is so often asserted, but the
indirect cause) of the prodigious commercial activity of the
inhabitants. It is not engendered by the laws, but the people
learns how to promote it by the experience derived from legis-
lation.

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 right. The government of an individual,
supposing an equality of instruction on either side, is more con-
sistent, more persevering, and more accurate than that of a
multitude, and it is much better qualified judiciously to dis-
criminate the characters of the men it employs. If any deny
what I advance, they have certainly never seen a democratic
government, or have formed their opinion upon very partial
evidence. It is true that even when local circumstances and the
disposition of the people allow democratic institutions to sub-
sist, they never display a regular and methodical system of
government. Democratic liberty is far from accomplishing all
the projects it undertakes, with the skill of an adroit despotism.
It frequently abandons them before they have borne their fruits,
or risks them when the consequences may prove dangerous;
but in the end it produces more than any absolute government,
and if it do fewer things well, it does a greater number of things.
Under its sway the transactions of the public administration are
not nearly so important as what is done by private exertion.
Democracy does not confer the most skilful kind of govern-
ment upon the people, but it produces that which the most
skilful governments are frequently unable to awaken, namely,
an all-pervading and restless activity, a superabundant force,
and an energy which is inseparable from it, and which may, un-
der favorable circumstances, beget the most amazing benefits.
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 springing
forth from chaos: but both parties are very imperfectly ac-
quainted with the object of their hatred or of their desires ; they
strike in the dark, and distribute their blows by mere chance.

DEMOCRACY IN AMERICA

«S7

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 honor-
able devotedness ; if you hold it to be a good thing to refine
the habits, to embellish the manners, to cultivate the arts of a
nation, and to promote the love of poetry, of beauty, and of
renown; if you would constitute a people not unfitted to act
with power upon all other nations, nor unprepared for those
high enterprises which, whatever be the result of its efforts, will
leave a name forever famous in time — if you believe such to be
the principal object of society, you must avoid the government
of democracy, which would be a very uncertain guide to the
end you have in view.

But if you hold it to be expedient to divert the moral and
intellectual activity of man to the production of comfort, and
to the acquirement of the necessaries of life ; if a clear under-
standing be more profitable to man 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 offences be
diminished in the same proportion ; if, instead of living in the
midst of a brilliant state of society, you are contented to have
prosperity around you ; if, in short, you are of opinion that the
principal object of a Government is not to confer the greatest
possible share of power and of glory upon the body of the 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
establishing democratic institutions.

But if the time be passed 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 allotted
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.

Vol. I.— 17

•'si

CHAPTER XV

UNLIMITED POWER OF THE MAJORITY IN THE UNITED
STATES, AND ITS CONSEQUENCES

Natural strength of the majority in democracies —Most of the Ameri-
can Constitutions have increased this strength by artificial means —
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 States.

THE very essence of democratic government consists in
the absolute sovereignty of the majority; for there is
nothing in democratic States which is capable of re-
sisting it. Most of the American Constitutions have sought
to increase this natural strength of the majority by artificial
means.o

The legislature is, of all political institutions, the one which
is most easily swayed by the wishes of the majority. The
Americans determined that the members of the legislature
should be elected by the people immediately, and for a very
brief term, in order to subject them, not only to the general
convictions, but even to the daily passions, of their constitu-
ents. The members of both houses are taken from the same
class in society, and are nominated in the same manner ; so that
the modifications of the legislative bodies are almost as rapid
and quite as irresistible as those of a single assembly. It is to
a legislature thus constituted that almost all the authority of
the government has been entrusted.

But whilst the law increased the strength of those authorities
which of themselves were strong, it enfeebled more and more
those which were naturally weak. It deprived the represent-
atives of the executive of all stability and independence, and

a We observed, in examining the
Federal Constitution, that the eflForts
r ' the legislators of the Union had been
' metrically opposed to the present
t .dency. The consequence has been
that the Federal Government is more
independent in its sphere than that of

the States. But the Federal Govern-
ment scarcely ever interferes in any
but external affairs; and the govern-
ments of the States are in reality the
authorities which direct society in
America.

258

DEMOCRACY IN AMERICA

259

Govern-
in any
govern-
iafity the
iciety in

by subjecting them completely to the caprices of the legislature,
it robbed them of the slender influence which the nature of a
democratic government might have allowed them to retain.
In several States the judicial power was also submitted to the
elective discretion of the majority, and in all of them its exist-
ence was made to depend on the pleasure of the legislative
authority, since the representatives were empowered annually
to regulate the stipend of the judges.

Custom, however, has done even more than law. A proceed-
ing which will in the end set all the guarantees of representative
government at naught is becoming more and more general in
the United States ; it frequently happens that the electors, who
choose a delegate, point out a certain line of conduct to him,
and impose upon him a certain number of positive obligations
which he is pledged to fulfil. With the exception of the tu-
mult, this comes to the same thing as if the majority of the
populace held its deliberations in the market-place.

Several other circumstances concur in rendering the power
of the majority in America not only preponderant, but irre-
sistible. The moral authority of the majority is partly based
upon the notion that there is more intelligence and more wis-
dom in a great number of men collected together than in a
single individual, and that the quantity of legislators is more
important than their quality. The theory of equality is in fact
applied to the intellect of man : and human pride is thus assailed
in its last retreat by a doctrine which the minority hesitate to
admit, and in which they very slowly concur. Like all other
powers, and perhaps more than all other powers, the authority
of the many requires the sanction of time ; at first it enforces
obedience by constraint, but its laws are not respected until they
have long been maintained.

The right of governing society, which the majority supposes
itself to derive from its superior intelligence, was introduced
into the United States by the first settlers, and this idea, which
would be sufficient of itself to create a free nation, has now
been amalgamated with the manners of the people and the
minor incidents of social intercourse.

The French, under the old monarchy, held it for a maxim
(which is still a fundamental principle of the English Consti-
tution) that the King could do no wrong; and if he did do
wrong, the blame was imputed to his advisers. This notion

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DE TOCQUEVILLE

was highly favorable to habits of obedience, and it enabled the
subject to complain of the law without ceasing to love and
honor the lawgiver. The Americans entertain the same opin-
ion with respect to the majority.

The moral power of the majority is founded upon yet an-
other principle, which is, that the interests of the many are to
be preferred to those of the few. It will readily be perceived
that the respect here professed for the rights of the majority
must naturally increase or diminish according to the state of
parties. When a nation is divided into several irreconcilable
factions, the privilege of the majority is often overlooked, be-
cause it is intolerable to comply with its demands.

If there existed in America a class of citizens whom the leg-
islating majority sought to deprive of exclusive privileges
which they had possessed for ages, and to bring down from
an elevated station to the level of the ranks of the multitude,
it is probable that the minority would be less ready to comply
with its laws. But as the United States were colonized by
men holding equal rank amongst themselves, there is as yet
no natural or permanent source of dissension between the in-
terests of its different inhabitants. ;

There are certain communities in which the persons who
constitute the minority can never hope to draw over the ma-
jority to their side, because they must then give up the very
point which is at issue between them. Thus, an aristocracy
can never become a majority whilst it retains its exclusive
privileges, and it cannot cede its privileges without ceasing to
be an aristocracy.

In the United States political questions cannot be taken up
in so general and absolute a manner, and all parties are willing
to recognize the rights of the majority, because they all hope
to turn those rights to their own advantage at some future
time. The majority therefore in that country exercises a pro-
digious actual authority, and a moral influence which is scarce-
ly less preponderant ; no obstacles exist which can impede or
so much as retard its progress, or which can induce it to heed
the complaints of those whom it crushes upon its path. This
state of things is fatal in itself and dangerous for the future.

DEMOCRACY IN AMERICA

a6i

How THE UwyMITED PoWER OF THE MAJORITY INCREASES

IN America the Instability op Legislation and Ad-
ministration Inherent in Democracy

The Americans increase the mutability of the laws which is inherent in
democracy by changing the legislature every year, and by investing
it with unbounded authority — The same effect is produced upon the
administration — In America social amelioration is conducted more
energetically but less perseveringly than in Europe.

I have already spoken of the natural defects of democratic
institutions, and they all of them increase at the exact ratio of
the power of the majority. To begin with the most evident
of them all; the mutability of the laws is an evil inherent in
democratic government, because it is natural to democracies
to raise men to power in very rapid succession. But this evil
is more or less sensible in proportion to the authority and the
means of action which the legislature possesses.

In America the authority exercised by the legislative bodies
is supreme ; nothing prevents them from accomplishing their
wishes with celerity, and with irrtsistible power, whilst they
are supplied by new representatives every year. That is to say,
the circumstances which contribute most powerfully to demo-
cratic instability, and which admit of the free application of
caprice to every object in the State, are here in full operation.
In conformity with this principle, America is, at the present
day, the country in the world where laws last the shortest time.
Almost all the American constitutions have been amended with-
in the course of thirty years: there is therefore not a single
American State which has not modified the principles of its
legislation in that lapse of time. As for the laws themselves,
a single glance upon the archives of the different States of the
Union suffices to convince one that in America the activity of
the legislator never slackens. Not that the American de-
mocracy is naturally less stable than any other, but that it is
allowed to follow its capricious propensities in the formation
of the laws.**

b The legislative acts promulgated by
the State of Massachusetts alone, from
the year 1780 to the present time, al-
ready fill three stout volumes; and it
must not be forgotten that the collection
to which I allude was published in 1R23,
when many old laws which had fallen

into disuse were omitted. The State
of Massachusetts, which is not more
populous than a department of France,
may be considered as the most stable,
the most consistent, and the most sa-
gacious in its undertakings of the whole
Union.

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DE TOCQUEVILLE

The omnipotence of the majority, and the rapid as well as
absolute manner in which its decisions are executed in the
United States, has not only the effect of rendering the law un-
stable, but it exercises the same influence upon the execution
of the law and the conduct of the public administration. As
the majority is the only power which it is important to court,
all its projects are taken up with the greatest ardor, but no
sooner is its attention distracted than all this ardor ceases;
whilst in the free States of Europe the administration is at once
independent and secure, so that the projects of the legislature
are put into execution, although its immediate attention may
be directed to other objects.

In America certain ameliorations are undertaken with much
more zeal and activity than elsewhere; in Europe the same
ends are promoted by much less social effort, more continuous-
ly applied.

Some years ago several pious individuals undertook to
ameliorate the condition of the prisons. The public was ex-
cited by the statements which they put forward, and the re-
generation of criminals became a very popular undertaking.
New prisons were built, and for the first time the idea of re-
forming as well as of punishing the delinquent formed a part
of prison discipline. But this happy alteration, in which the
public had taken so hearty an interest, and which the exertions
of the citizens had irresistibly accelerated, could not be com-
pleted in a moment. Whilst the new penitentiaries were being
erected (and it was the pleasure of the majority that they should
be terminated with all possible celerity), the old prisons existed,
which still contained a great number of offenders. These jails
became more unwholesome and more corrupt in proportion as
the new establishments were beautified and improved, forming
a contrast which may readily be understood. The majority
was so eagerly employed in founding the new prisons that those
which already existed were forgotten ; and as the general at-
tention was diverted to a novel object, the care which had
hitherto been bestowed upon the others ceased. The salutary
regulations of discipline were first relaxed, and afterwards
broken; so that in the immediate neighborhood of a prison
which bore witness to the mild and enlightened spirit of our
time, dungeons might be met with which reminded the visitor
of the barbarity of the Middle Ages.

DEMOCRACY IN AMERICA

263

Tyranny of the Majority

How the principle of the sovereignty of the people is to be understood
— Impossibility of conceiving a mixed government — The sovereign
power must centre somewhere — Precautions to be taken to control
its action — These precautions have not been taken in the United
States — Consequences.

I hold it to be an impious and an execrable maxim that, po-
litically speaking, a people has a right to do whatsoever it
pleases, and yet I have asserted that all authority originates in
the will of the majority. Am I then, in contradiction with
myself?

A general law — which bears the name of Justice — has been
made and sanctioned, not only by a majority of this or that
people, but by a majority of mankind. The rights of every
people are consequently confined within the limits of what is
just. A nation may be considered in the light of a jury which
is empowered to represent society at large, and to apply the
great and general law of justice. Ought such a jury, which
represents society, to have more power than the society in
which the laws it applies originate ?

When I refuse to obey an unjust law, I do not contest the
right which the majority has of commanding, but I simply
appeal from the sovereignty of the people to the sovereigntj*
of mankind. It has been asserted that a people can never en-
tirely outstep the boundaries of justice and of reason in those
affairs which are more peculiarly its own, and that consequently
full power may fearlessly be given to the majority by which it
is represented. But this language is that of a slave.

A majority taken collectively may be regarded as a being
whose opinions, and most frequently whose interests, are op-
posed to those of another being, which is styled a minority.
If it be admitted that a man, possessing absolute power, may
misuse that power by wronging his adversaries, why should a
majority not be liable to the same reproach? Men are not
apt to change their characters by agglomeration ; nor does their
patience in the presence of obstacles increase with the con-
sciousness of their strength.^ And for these reasons I can

e No one will assert that a people can-
not forcibly wrong another people; but
parties may be looked upon as lesser
nations within a greater one, and they
are aliens to each other: if, therefore, it

be admitted that a nation can act tyran-
nically towards another nation, it can-
not be denied that a party may do the
same towards another party.

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never willingly invest any number of my fellow-creatures with
that unlimited authority which I should refuse to any one of
them.

I do not think that it is possible to combine several prin-
ciples in the same government, so as at the same time to main-
tain freedom, 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 mean-
ing usually given to that word), because in all communities
some one principle of action may be discovered which pre-
ponderates over the others. England in the last century, which
has been more especially cited as an example of this form of
Government, was in point of fact an essentially aristocratic
State, although it comprised very powerful elements of democ-
racy ; for the laws and customs of the country were such that
the aristocracy could not but preponderate in the end, and sub-
ject the direction of public affairs to its own will. The error
arose from too much attention being paid to the actual strug-
gle which was going on between the nobles and the people,
without considering the probable issue of the contest, which
was in reality the important point. When a community really
has a mixed government, that is to say, when it is equally di-
vided between two adverse principles, it must either pass
through a revolution or fall into complete dissolution.

I am therefore of opinion that some one social power must
always be made to predommate over the others ; but I think
that liberty is endangered when this power is checked by no ob-
stacles which may retard its course, and force it to moderate
its own vehemence.

Unlimited power is in itself a bad and dangerous thing;
human beings are not competent to exercise it with discretion,
and God alone can be omnipotent, because His wisdom and
His justice are always equal to His power. But no power upon
earth is so worthy of honor for itself, or of reverential obedience
to the rights which it represents, that I would consent to admit
its uncontrolled and all-predominant authority. When I see
that the right and the means of absolute command are con-
ferred on a people or upon a king, upon an aristocracy or a de-
mocracy, a monarchy or a republic, I recognize the germ of
tyranny, and I journey onward to a land of more hopeful in-
stitutions.

DEMOCRACY IN AMERICA

ire Con-
or a de-
ferm of
eful in-

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
strength ; and I am not so much alarmed at the excessive lib-
erty which reigns in that country as at the very inadequate
securities 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
remains a passive tool in its hands ; the public troops consist
of the majority under arms ; the jury is the majority invested
with the right of hearing judicial cases ; and in certain States
even the judges are elected by the majority. However in-
iquitous or absurd the evil of which you complain may be, you
must submit to it as well as you can.d

If, on the other hand, a legislative power could be so consti-
tuted as to represent the majority without necessarily being
the slave of its passions ; an executive, so as to retain a certain
degree of uncontrolled authority ; and a judiciary, so as to re-
main independent of the two other powers; a government
would be formed which would still be democratic without in-
curring any risk oT tyrannical abuse.

d A strikingr instance of the excesses
which may be occasioned by the despo-
tism of the majority occurred at Balti-
more in the year 1812. At that time the
war was very popular in Baltimore. A
journal which nad taken the other side
of the question excited the indignation
of the inhabitants by its opposition.
The populace assembled, broke the
printing-presses, and attacked the
houses of the newspaper editors. The
militia was called out, but no one
obeyed the call; and the only means of
saving the poor wretcVcs who were
threatened by the (.enzy of the mob
was to throw then" into prison as com-
mon malefactors. But even this precau-
tion was ineficctval; the mob collected
again during the night, the magistrates
again made a vain attempt to call out
the militia, the prison was forred. one
of the newspaper editors was killed
upon the soot, and the others were left
for dead; the guilty parties were acquit-
ted by the jury when they were brought
to trial.

I said one day to an inhabitant of
Pennsylvania, " Be so good as to ex-
plain to me how it happens that in a
State founded by Quakers, and cele-
brated 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 inform-
ant, " if you imagine that our legisla-
tors could have committed so gross an
act of injustice and intolerance?'

" Whatl then the blacks possess the
right of voting in this country?"

" Without the smallest doubt."

" How comes it, then, that at the
polling-booth this morning I did not
perceive a single negro in the whole
meeting?"

" This is not the fault of the law: the
neg[roes 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 not
disinclined to vote, but they are afraid
of being maltreated; in this country the
law is sometimes unable to maintain its
authority without the support of the
majority. But in this case the majority
entertains very strong prejudices
against the blacks, and the magistrates
are unable to protect them in the exer-
cise of their legal privilecres."

" What! then the majority claims the
right not only of makinpr the laws, but
of breaking the laws it has made?"

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I do not say that tyrannical abuses frequently occur in Amer-
ica at the present day, but I maintain that no sure barrier is
established against them, and that the causes which mitigate
the government are to be found in the circumstances and the
manners of the country more than in its laws.

I '

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Effects of the Unlimited Power of 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 the law, and
in that case it is not arbitrary ; arbitrary power may be exer-
cised for the good of the community at large, in which case
it is not tyrannical. Tyranny usually employs arbitrary means,
but, if necessary, it can rule without them.

In the United States the unbounded power of the majority,
which is favorable to the legal despotism of the legislature, is
likewise favorable to the arbitrary authority of the magistrate.
The majority has an entire control over the law when it is made
and when it is executed ; and as it possesses an equal authority
over those who are in power and the community at large, it
considers public officers as its passive agents, and readily con-
fides the task of serving its designs to their vigilance. The de-
tails of their office and the privileges which they are to enjoy
are rarely defined beforehand ; but the majority treats them as
a master does his servants when they are always at work in his
sight, and he has the power of directing or reprimanding them
at every instant.

In general the American functionaries are far more inde-
pendent than the French civil officers within the sphere which
is prescribed to them. Sometimes, even, they are allowed by
the popular authority to exceed those bounds ; and as they are
protected by the opinion, and backed by the co-operation, of
the majority, they venture upon such manifestations of their
power as astonish a European. By this means habits are formed
in the heart of a free country which may some day prove fatal
to its liberties.

DEMOCRACY IN AMERICA

267

Power Exercised by the Majority in America Upon

Opinion

In America, when the majority has once irrevocably decided a question,
all discussion ceases — Reason of this — Moral power exercised by
the majority upon opinion — Democratic republics have deprived
despotism of its physical instruments— Their despotism sways the
minds of men.

It is in the examination of the display of public opinion in
the United States that we clearly perceive how far the power of
the majority surpasses all the powers with which we are ac-
quainted in Europe. Intellectual principles exercise an influ-
ence which is so invisible, and often so inappreciable, that they
baffle the toils of oppression. At the present time the most
absolute monarchs in Europe are unable to prevent certain no-
tions, which are opposed to their authority, from circulating
in secret throughout their dominions, and even in their courts.
Such is not the case in America ; as long as the majority is still
undecided, discussion is carried on ; but as soon as its decision
is irrevocably pronounced, a submissive silence is observed,
and the friends, as well as the opponents, of the measure unite
in assenting to its propriety. The reason of this is perfectly
clear : no monarch is so absolute as to combine all the powers
of society in his own hands, and to conquer all opposition with
the energy of a majority which is invested with the right of
making and of executing the laws.

The authority of a king is purely physical, and it controls
the actions of the subject without subduing his private will;
but the majority possesses a power which is physical and moral
at the same time ; it acts upon the will as well as upon the ac-
tions of men, and it represses not only all contest, but all con-
troversy,

I know no country in which there is so little true independ-
ence of mind and freedom of discussion as in America. In any
constitutional state in Europe every sort of religious and po-
litical theory may be advocated and propagated abroad; for
there is no country in Europe so subdued by any single au-
thority as not to contain citizens who are ready to protect the
man who raises his voice in the cause of truth from the con-
sequences of his hardihood. If he is unfortunate enough to
live under an absolute government, the people is upon his side ;

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DE TOCQUEVILLE

if he inhabits a free country, he may find a shelter behind the
authority of the throne, if he require one. T'le aristocratic
part of society supports him in some countrio)«, and the de-
mocracy in others. But in a nation where domocratit institu-
tions exist, organized like those of the United Stale s, there is
but one sole authority, one single element uf strength a/id of
success, with nothing beyond it.

In America the majority raises very formidable harriers to
the liberty of opinion : within these barriers an author may
write whatever he pleases, but he will repent it if he ever step
, beyond them. Not that he is exposed to the terrors of an auto-
da-fe, but he is tormented by the slights and persecutions of
daily obloquy. His political career is closed forever, since
he has oflended 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 im-
agined that he held them in common with many others ; but no
sooner has he declared them openly than he is loudly censured
by his overbearing opponents, whilst those who think without
having the courage to speak, like him, abandon him in silence.
He yields at length, oppressed by the daily efforts he has been
making, and he subsides into silence, as if he was tormented by
remorse for having spoken the truth.

Fetters and headsmen were the coarse instruments which
tyranny formerly employed; but the civilization of our age
has refined the arts of despotism which seemed, however, to
have been sufficiently perfected before. The excesses of mon-
archical power had devised a variety of physical means of op-
pression: the democratic republics of the present day have
rendered it as entirely an affair of the mind as that will which
it is intended to coerce. Under the absolute sway of an indi-
vidual despot the body was attacked in order to subdue the
soul, and the soul escaped the blows which were directed
against it and rose superior to the attempt ; but such is not
the course adopted by tyranny in democratic republics ; there
the body is left free, and the soul is enslaved. The sovereign
can no longer say, " You shall think as I do on pain of death ; "
but he says, " You are free to think differently from me, and
to retain your life, your property, and all that you possess ; but
if such be your determination, you are henceforth an alien
among your people. You may retain your civil rights, but they

DEMOCRACY IN AMERICA

269

will be useless to you, for you will never be chosen by your
fcUow-citizcns if you solicit their suffrages, and they will affect
to scorn you if you solicit their esteem. You will remain
among men, but you will be deprived of the rights of mankind.
Your fcUow-creaturcs will shun you like an impure being, and
those who are most persuaded of your innocence will abandon
you too, lest they should be shunned in their turn. Go in
peace! I have given you your life, but it is an existence in-
comparably worse than death."

Monarchical institutions have thrown an odium upon des-
potism ; let us beware lest democratic republics should restore
oppression, and should render it less odious and less degrad-
ing in the eyes of the many, by making it still more onerous
to the few.

Works have been published in the proudest nations of the
Old WoHd expressly intended to censure the vices and deride
the follies of the times: Labruy6re inhabited the palace of
Louis XIV when he composed his chapter upon the Great,
and Moliere criticised the courtiers in the very pieces which
were acted before the Court. But the ruling power in the
United States is not to be made game of ; the smallest reproach
irritates its sensibility, and the slightest joke which has any
foundation in truth renders it indignant ; from the style of its
language to the more solid virtues of its character, everything
must be made the subject of encomium. No writer, whatever
be his eminence, can escape from this tribute of adulation to
his fellow-citizens. The majority lives in the perpetual prac-
tice of self-applause, and there are certain truths which the
Americans can only learn from strangers or from experience.

If great writers have not at present existed in America, the
reason is very simply given in these facts; there can be no lit-
erary 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-religious books from
circulating in Spain. The empire of the majority succeeds
much better in the United States, since it actually removes the
wish of publishing them. Unbelievers are to be met with in
America, but, to say the truth, there is no public organ of in-
fidelity. Attempts have been made by some governments to
protect the morality of nations by prohibiting licentious books.
In the United States no one is punished for this sort of works,

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DE TOCQUEVILLE

but no one is induced to write them ; not because all the citizens
are immaculate in their manners, but because the majority of
the community is decent and orderly.

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 con-
stant fact, and its judicious exercise is an accidental ocur-
rence.

Effects of the Tyranny of the Majority Upon the Na-
tional Character of the Americans

Effects of the tyranny of the majority more sensibly felt hitherto in
the manners than in the conduct of society — They check the develop-
ment of leading characters — Democratic republics organized like
the United States bring the practice of courting favor within the
reach of the many — Proofs of this spirit in the United States — Why
there is more patriotism in the people than in those who govern in
its name.

The tendencies which I have just alluded to are as yet very
slightly perceptible in political society, but they already begin
to exercise an unfavorable influence upon the national character
of the Americans. I am inclined to attribute the singular pauc-
ity 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
numbers, for public opinion then served, not to tyrannize over,
but to direct the exertions of individuals. Those celebrated
men took a full part in the general agitation of mind common
at that period, and they attained a high degree of personal
fame, which was reflected back upon the nation, but which was
by no means borrowed from it.

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 ex-
hibiting a sort of independence in the very act of submission.
These peoples are miserable, but they are not degraded. There
is a great difference between doing what one does not approve

DEMOCRACY IN AMERICA

971

and feigning to approve what one does ; the one is the necessary
case of a weak person, the other befits the temper of a lackey.

In free countries, where everyone is more or less called upon
to give his opinion in the affairs of state; in democratic re-
publics, where public Hfe is incessantly commingled with do-
mestic affairs, where the sovereign authority is accessible on
every side, and where its attention can almost always be at-
tracted by vociferation, more persons are to be met with who
speculate upon its foibles and live at the cost of its passions
than in absolute monarchies. Not because men are naturally
worse in these States than elsewhere, but the temptation is
stronger, and of easier access at the same time. The result is a
far more extensive debasement of the characters of citizens.

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 to power
in the United States I found very few men who displayed any
of that manly candor and that masculine independence of opin-
ion which frequently distinguished the Americans in former
times, and which constitutes the leading feature in distinguished
characters, wheresoever they may be found. It seems, at first
sight, as if all the minds of the Americans were formed upon
one model, so accurately do they correspond in their manner of
\ judging. A stranger does, indeed, sometimes meet with Ameri-
cans who dissent from these rigorous formularies; with men
who deplore the defects of the laws, the mutability and the
ignorance of democracy ; who even go so far as to observe the
evil tendencies which impair the national character, and to point
out such remedies as it might be possible to apply ; but no one
is there to hear these things besides yourself, and you, to whom
these secret reflections are confided, are a stranger and a bird
of passage. They are very ready to communicate truths which
are useless to you, but they continue to hold a different language
in public.

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DE TOCQUEVILLE

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 con-
science.

I have heard of patriotism in the United States, and it is a
virtue which may be found among the people, but never among
the leaders of the people. This may be explained by analogy ;
despotism debases the oppressed much more than the oppressor :
in absolute monarchies the king has often great virtues, but
the courtiers are invariably servile. It is true that the American
courtiers do not say " Sire," or " Your Majesty " — a distinc-
tion without a difference. They are forever talking of the nat-
ural intelligence of the populace they serve ; they do not debate
the question as to which of the virtues of their master is pre-
eminently worthy of admiration, for they assure him that he
possesses all the virtues under heaven without having acquired
them, or without caring to acquire them; they do not give
him their daughters and their wives to be raised at his pleasure
to the rank of his concubines, but, by sacrificing their opinions,
they prostitute themselves. Moralists and philosophers in
America are not obliged to conceal their opinions under the veil
of allegory ; but, before they venture upon a harsh truth, they
say, " We are aware that the people which we are addressing
is too superior to all the weaknesses of human nature to lose
the command of its temper for an instant ; and we should not
hold this language if we were not speaking to men whom their
virtues and their intelligence render more worthy of freedom
than all the rest of the world." It would have been impossible
for the sycophants of Louis XIV to flatter more dexterously.
For my part, I am persuaded that in all governments, whatever
their nature may be, servility will cower to force, and adulation
will cling to power. The only means of preventing men from
degrading themselves is to invest no one with tliat unlimited
authority which is the surest method of debasing them.

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DEMOCRACY IN AMERICA

373

The Greatest Dangers of the American Republics Pro-
ceed FROM THE Unlimited Power of the Majority

Democratic republics liable to perish from a misuse of their power, and
not by impotence — The Governments of the American republics are
more centralized and more energetic than those of the monarchies
of Europe — Dangers resulting from this — Opinions of Hamilton and
Jefferson upon this point.

Governments usually fall a sacrifice to impotence or to tyr-
anny. In the former case their power escapes from them;
it is wrested from their grasp in the latter. Many observers, /
who have witnessed 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 parties, the government loses its control over
society. But I do not think that a democratic power is nat-
urally without force or without resources : say, rather, that it is
almost always by the abuse of its force and the misemployment
of its resources that a democratic government fails. Anarchy
is almost always produced by its tyranny or its mistakes, but
not by its want of strength.

It is important not to confound stability with force, or the
greatness of a thing with its duration. In democratic republics,
the power which directs^ society is not stable; for it often
changes hands and assumes a new direction. But whichever
way it turns, its force is almost irresistible. The Governments
of the American republics appear to me to be as much central-
ized as those of the absolute monarchies of Europe, and more
energetic than they are. I do not, therefore, imagine that they
will perish from weakness./^

If ever the free institutions of America are destroyed, that
event may be attributed to the unlimited authority of the ma-
jority, which may at some future time urge the minorities to
desperation, and oblige them to have recourse to physical force.
Anarchy will then be the result, but it will have been brought
about by despotism.

Mr. Hamilton expresses the same opinion in the " Fed-

e This power may be centred in an as-
sembly, m which case it will be strong
without being stable; or it may be cen-
tred in an individual, in which case it
will be less strong, but more stable.

/ I presume that it is scarcely neces-

VOL. I.— 18

sary to remind the reader here, as well
as throughout the remainder of this
chapter, tnat I am speaking, not of the
Federal Government, but of the several
governments of each State, which the
majority controls at its pleasure.

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DE TOCQUEVILLE

eralist," No. 51. " It is of great importance in a republic not
only to guard the society against the oppression of its rulers, but
to guard one part of the society against the injustice of the
other part. Justice is the end of government. It is the end of
civil society. It ever has been, and ever will be, pursued until it
be obtained, or until liberty be lost in the pursuit. In a society,
under the forms of which the stronger faction can readily unite
and oppress the weaker, anarchy may as truly be said to reign
as in a state of nature, where the weaker individual is not se-
cured against the violence of the stronger : and as in the latter
state even the stronger individuals are prompted by the uncer-
tainty of their condition to submit to a government which may
protect the weak as well as themselves, so in the former state
will the more powerful factions be gradually induced by a like
motive to wish for a government which will protect all parties,
the weaker as well as the more powerful. It can be little
doubted that, if the State of Rhode Island was separated from
the Confederacy and left to itself, the insecurity of right under
the popular form of government within such narrow limits
would be displayed by such reiterated oppressions of the fac-
tious 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 Madi-
son :« "The executive power in our Government is not the
only, perhaps not even the principal, object of my solicitude.
The tyranny of the Legislature is really the danger most to be
feared, and will continue to be so for many years to come. The
tyranny of the executive power will come in its turn, but at a
. more distant period." I am glad to cite the opinion of Jefferson
upon this subject rather than that of another, because I con-
sider him to be the most powe'-ful advocate democracy has ever
sent forth.

g March is, 1789.

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DIANA:'

Pboto-engravmg from the original marble staltu in the Louvre at Paris. i

The most cclchratPtl 4f the existing stafiiep of Dinna is the Diana of Versailles,
from Hadrian's viUft at Tibiir. It has been in France since the time of Henry IV.
l-'ormcrly it was at Vorsaillcs, but it is now one of tlie tn-asures of tlie Luuvro. It
lilainly belongs to ihe school nf the Apollo Ik-lvi'drre, auil there is no reason why it
might not have formed a part of the group in which the Apollo stood. Plana is
represented as a slender huntress, leading her hind and hastening forward, as if in
pursuit of game. She looks toward the right, as, with raised arm, she is about to
draw an arrow from the quiver.

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CHAPTER XVI

CAUSES WHICH MITIGATE THE TYRANNY OF THE MA-
JORITY IN THE UNITED STATES

Absence of Central Administration

The national majority does not pretend to conduct all business — Is
obliged to employ the town and county magistrates to execute its
supreme decisions.

I HAVE already pointed out the distinction which is to be
made between a centralized government and a centralized
administration. The former exists in America, but the
latter is nearly unknown there. If the directing power of the
American communities had both these instruments of govern-
ment at its disposal, and united the habit of executing its own
commands to the right of commanding; if, after having estab-
lished the general principles of government, it descended to
the details of public business; and if, having regulated the
great interests of the country, it could penetrate into the privacy
of individual interests, freedom would soon be banished from
the New World.

But in the United States the majority, which so frequently
displays the tastes and the propensities of a despot, is still des-
titute of the more perfect instruments of tyranny. In the
American republics the activity of the central Government has
never as yet been extended beyond a limited number of objects
sufficiently prominent to call forth its attention. The secondary
aflfairs of society have never been regulated by its authority,
and nothing has hitherto betrayed its desire of interfering in
them. The majority is become more and more absolute, but
it has not increased the prerogatives of the central government ;
those great prerogatives have been confined to a certain sphere ;
and although the despotism of the majority may be galling upon

275

376

DE TOCQUEVILLE

one point, it cannot be said to extend to all. However the pre-
dominant party in the nation may be carried away by its pas-
sions, however ardent it may be in the pursuit of its projects,
it cannot obUge all the citizens to comply with its desires in the
same manner and at the same time throughout the country.
When the central Government which represents that majority
has issued a decree, it must 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-
waters, 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 administra-
tive tyranny. Nor does the people entertain that full conscious-
ness of its authority which would prompt it to interfere in these
matters ; it knows the extent of its natural powers, but it is un-
acquainted with the increased resources which the art of gov-
ernment might furnish.

This point deserves attention, for if a democratic republic
similar to that of the United States were ever founded in a
country where the power of a single individual had previously
subsisted, and the eflfects of a centralized administration had
sunk deep into the habits and the laws of the people, I do not
hesitate to assert, that in that country a more insufferable des-
potism would prevail than any which now exists in the monar-
chical States of Europe, or indeed than any which could be
found on this side of the confines of Asia.

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PEMOCS^bCV IN AMERICA

277

The rKOKi. OF THr Law in the United States Serves

>d CouNTi /'OisK THE Democracy

Utility of discr*4*iiniMing thr natural propensities of the members of the
legal profession- i licsi mi-n called upon to act a prominent part in
future society — In what manner the peculiar pursuits of lawyers give
an aristocratic turn to their ideas — Accidental causes which may
check this tendency — Ease with which the aristocracy coalesces with
legal men — Use of lawyers to a despot — The proiession of lie law
constitutes the only aristocratic element with which the natiirnl ele-
ments of democracy will combine — Peculiar causes which tend to
give an aristocratic turn of mind to the English and American
lawyers — The aristocracy of America is on the bench and at the bar
— Influence of lawyers upon American society — Their peculiar mag-
isterial habits affect the legislature, 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 ex-
ercise in the Government, is the most powerful existing security
against the excesses of democracy. This effect seems to me to
result from a general cause which it is useful to investigate,
since it may produce analogous consequences 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 in-
struments 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 af-
forded a powerful support to the Crown, and since that period
they have exerted themselves to the utmost to limit the royal
prerogative. In England they have contracted a close alliance
with the aristocracy; in France they have proved to be the
most dangerous enemies of that class. It is my object to in-
quire whether, under all these circumstances, the members of
the legal profession have been swayed by sudden and momen-
tary impulses ; or whether they have been impelled by princi-
ples which are inherent in their pursuits, and which will always
recur in history. I am incited to this investigation by reflecting
that this particular class of men will most likely play a promi-
nent 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

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pursuits derive from those occupations certain habits of order, a
taste for formalities, and a kind of instinctive regard for the
rcpular connection of ideas, which naturally render them very
hostile to the revolutionary spirit and the unreflecting passions
of the multitude.

The special information which lawyers derive from their
studies ensures them a separate- 'Station in society, and they
constitute a sort of privileged boil 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 sci-
ence 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 pur-
pose inspires them with a certain contempt for the judgment
of the multitude. To this it may be added that they naturally
constitute a body, not by any previous understanding, or by an
agreement which directs them to a common end ; but the an-
alogy of their studies and the uniformity of their proceedings
connect their minds together, as much as a common interest
could combine their endeavors.

A portion of the tastes and of the habits of the aristocracy
may consequently be discovered in the characters of men in
the profession of the law. They participate in the same in-
stinctive love of order and of formalities; and they entertain
the same repugnance to the actions of the multitude, and the
same secret contempt of the government of the people. I do
not mean to say that the natural propensities of lawyers arc
sufficiently strong to sway them irresistibly ; for they, like most
other men, are governed by their private interests and the ad-
vantages 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 lasting purpose which t'v'y entertain. It is true that
lawyers mainly contributed to tl.'j overthrow of the French
monarchy in 1789; but it remains to be seen whether they acted
thus because they had studied the laws, or because they were
prohibited from co-operating in the work of legislation.

DEMOCRACY IN AMERICA

379

Five hundred years apo the English nobles headed the peo-
ple, and spoke in its name ; at tiic present time the aristocracy
supports the throne, and defends the royal prerogative. But
aristocracy has, notwithstanding tiiis, its peculiar instincts and
propensities. We must be careful not to confound isolated
members of a body 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 to con-
tent and to employ than it can find places ; so that a consider-
able 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, with-
out opposition, that high station which naturally belongs to
them, their general spirit will be eminently conservative and
anti-democratic. When an aristocracy excludes the leaders
of that profession from its ranks, it excites enemies which are
the more formidable to its security as they are independent of
the nobility by their industrious pursuits ; and they feel them-
selves to be its equal in point of intelligence, although they en-
joy less opul'^nce and less power. But whenever an aristoc-
racy 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 mon-
arch than between the nobles and the people, although the
higher orders of society have occasionally resisted the preroga-
tive of the Crown in concert with the lower classes.

)

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Lawyers are attached to public order beyond every other
consideration, and the best security of public order is authority.
It must not be forgotten that, if they prize the free institutions
of their country much, they nevertheless value the legality of
those institutions far more : they are less afraid of tyranny than
of arbitrary power ; and provided that the legislature take upon
itself to deprive men of their independence, they are not dis-
satisfied.

I am therefore convinced that the prince who, in presence of
an encroaching democ.acy, should endeavor to impair the ju-
dicial 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 favorable to the political
power of lawyers; for when the wealthy, the noble, and the
prince are excluded from the government, they are sure to 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
choice. If, then, they are led by their tastes to combine with
the aristocracy and to support the Crown, they are naturally
brought into contact with the people by their interests. They
like the government of democracy, without participating in
its propensities and without imitating its weaknesses ; whence
they derive a twofold authority, from it and over it. The peo-
ple in democratic states does not mistrust the members of the
legal profession, because it is well known that they are inter-
ested in serving the popular cause ; and it listens to them with-
out irritation, because it does not attribute to them any sinister
designs. The object of lawyers is not, indeed, to overthrow
the institutions of democracy, but they constantly endeavor to
give it an impulse which diverts it from its real tendency, by
means which are foreign to its nature. Lawyers belong to the
people by birth and interest, to the aristocracy by habit and by
taste, and they may be looked upon as the natural bond and
connecting link of the two great classes of society.

DEMOCRACY IN AMERICA

281

The profession of the law is the only aristocratic element
which can be amalgamated without violence with the natural
elements of democracy, and which can be advantageously and
permanently combined with them. I am not unacquainted
with the defects which are inherent in the character of that body
of men ; but without this admixture of lawyer-like sobriety
with the democratic principle, I question whether democratic
institutions could long be maintained, and I cannot believe that
a republic could subsist at the present time if the influence of
lawyers in public business did not increase in proportion to the
power of the people.

This aristocratic character, which I hold to be common to
the legal profession, is much more distinctly marked in the
United States and in England than in any other country. This
proceeds not only from the legal studies of the English and
American lawyers, but from the nature of the legislation, and
the position which those persons occupy in the two countries.
The English and the Americans have retained the law of pre-
cedents ; that is to say, they continue to found their legal opin-
ions and the decisions of their courts upon the opinions and the
decisions of their forefathers. In the mind of an English or
American lawyer a taste and a reverence for what is old is al-
most always united to a love of regular and lawful proceedings.

This predisposition has another effect upon the character of
the legal profession and upon the general course of society.
The English and American lawyers investigate what has been
done; the French advocate inquires what should have been
done ; the former produce precedents, the latter reasons. A
French observer is surprised to hear how often an English or an
American lawyer quotes the opinions of others, and how little
he alludes to his own ; whilst the reverse occurs in France.
There the most trifling litigation is never conducted without the
introduction of an entire system of ideas peculiar to the counsel
employed ; and the fundamental principles of law are discussed
in order to obtain a perch of land by the decision of the court.
This abnegation of his own opinion, and this implicit deference
to the opinion of his forefathers, which are common to the Eng-
lish and American lawyer, this subjection of thought which he
is obliged to profess, necessarily give him more timid habits
and more sluggish inclinations in England and America than in
France.

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The French codes are often difficult of comprehension, but
they can be read by every one ; nothing, on the other hand, can
be more impenetrable to the uninitiated than a legislation
founded upon precedents. The indispensable want of legal
assistance which is felt in England and in the United States, and
the high opinion which is generally entertained of the ability of
the legal profession, tend to separate it more and more from the
people, and to place it in a distinct class. The French lawyer
is simply a man extensively acquainted with the statutes of his
country ; but the English or American lawyer resembles the
hierophants of Egypt, for, like them, he is the sole interpreter of
an occult science.

The station which lawyers occupy in England and America
exercises no less an influence upon their habits and their opin-
ions. The English aristocracy, which has taken care to attract
to its sphere whatever is at all analogous to itself, has conferred
a high degree of importance and of authority upon the members
of the legal profession. In English society lawyers do not oc-
cupy the first rank, but they are contented with the station as-
signed to them ; they constitute, as it were, the younger branch
of the English aristocracy, and they are attached to their elder
brothers, although they do not enjoy all their privileges. The
English lawyers consequently mingle the taste and the ideas of
the aristocratic circles in which they move with the aristocratic
interests of their profession.

And indeed the lawyer-like character which I am endeavor-
ing to depict is most distinctly to be met with in England : there
laws are esteemed not so much because they are good as because
they are old ; and if it be necessary to modify them in any re-
spect, or to adapt them to the changes which time operates in
society, recourse is had to the most inconceivable contrivances
in order to uphold the traditionary fabric, and to maintain that
nothing has been done which does not square with the inten-
tions and complete the labors of former generations. The very
individuals who conduct these changes disclaim all intention of
innovation, and they had rather resort to absurd expedients
than plead guilty to so great a crime. This spirit appertains
more especially to the English lawyers ; they seem indiflferent
to the real meaning of what they treat, and they direct all their
attention to the letter, seeming inclined to infringe the rules of
common sense and of humanity rather than to swerve one tittle

DEMOCRACY IN AMERICA

283

from the law. The English legislation may be compared to the
stock of an old tree, upon which lawyers have engrafted the
most various shoots, with the hope that, although their fruits
may diflfer, their foliage at least will be confounded with the
venerable trunk which supports them all.

In America there are no nobles or men of letters, and the peo-
ple is apt to mistrust the wealthy ; lawyers consequently form
the highest political class, and the most cultivated circle of so-
ciety. They have therefore nothing to gain by innovation,
which adds a conservative interest to their natural taste for pub-
lic order. If I were asked where I place the American aristoc-
racy, I should reply without hesitation that it is not composed
of the rich, who are united together by no common tie, but that
it occupies the judicial bench and the bar.

The more we reflect upon all that occurs in the United States
the more shall we be persuaded that the lawyers as a body form
the most powerful, if not the only, counterpoise to the demo»
cratic element. In that country we perceive how eminently
the legal profession is qualified by its powers, and even by its
defects, to neutralize the vices which are inherent in popular
government. When the American people is intoxicated by
passion, or carried away by the impetuosity of its ideas, it is
checked and stopped by the almost invisible influence of its
legal counsellors, who secretly oppose their aristocratic propen-
sities to its democratic instincts, their superstitious attachment
to what is antique to its love of novelty, their narrow views to its
immense designs, and their habitual procrastination to its ar-
dent impatience.

The courts of justice are the most visible organs by which the
legal profession is enabled to control the democracy. The
judge is a lawyer, who, independently of the taste for regular-
ity and order which he has contracted in the study of legislation,
derives an additional love of stability from his own inalienable
functions. His legal attainments have already raised him to a
distinguished rank amongst his fellow-citizens; his political
power completes the distinction of his station, and gives him
the inclinations natural to privileged classes.

Armed with the power of declaring the laws to be unconsti-
tutional.a the American magistrate perpetually interferes in po-
litical afifairs. He cannot force the people to make laws, but at

a 3ee chapter VI. on the " Judicial Power in the United States,"

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DE TOCQUEVILLE

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 oc-
cupy most of the public stations. They fill the legislative as-
semblies, and they conduct the administration ; they conse-
quently exercise a powerful influence upon the formation of the
law, and upon its execution. The lawyers are, however, obliged
to yield to the current of public opinion, which is too strong
for them to resist it, but it is easy to find indications of what
their conduct would be if they were free to act as they chose.
The Americans, who have made such copious innovations in
their political legislation, have introduced very sparing altera-
tions in their civil laws, and that with great difficulty, although
those laws are frequently repugnant to their social condition.
The reason of this is, that in matters of civil law the majority is
obliged to defer to the authority of the legal profession, and
that the American lawyers are disinclined to innovate when
they are left to their own choice.

It is curious for a Frenchman, accustomed to a very different
state of things, to hear the perpetual complaints which are made
in the United States against the stationary propensities of legal
men, and their prejudices in favor of existing institutions.

The influence of the legal habits which are common in Amer-
ica extends beyond the limits I have just pointed out. Scarcely
any question arises in the United States which does not become,
sooner or later, a subject of judicial debate ; hence all parties
are obliged to borrow the ideas, and even the language, usual

DEMOCRACY IN AMERICA

285

in judicial proceedings in their daily controversies. As most
public men are, or have been, legal practitioners, they introduce
the customs and technicalities of their profession into the affairs
of the country. The jury extends this habitude to all classes.
The language of the law thus becomes, in some measure, a
vulgar tongue ; the spirit of the law, which is produced in the
schools and courts of justice, gradually penetrates beyond their
walls into the bosom of society, where it descends to the lowest
classes, so that the whole people contracts the habits and the
tastes of the magistrate. The lawyers of the United States form
a party which is but little feared and scarcely perceived, which
has no badge peculiar to itself, which adapts itself with great
flexibility to the exigencies of the time, and accommodates it-
self to all the movements of the social body ; but this party ex-
tends 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.

'i-\

Trial by Jury in the United States Considered as a
Political Institution

Trial by jury, which is one of the instruments of the sovereignty of the
people, deserves to be compared with the other laws which establish
that sovereignty — Composition of the jury in the United States —
Effect of trial by jury upon the national character — It educates the
people — It tends to establish the authority of the magistrates and
to extend a knowledge of law among the people.

Since I have been led by my subject to recur to the adminis-
tration of justice in the United States, I will not pass over this
point without adverting to the institution of the jury. Trial
by jury may be considered in two separate points of view, as
a judicial and as a political institution. If it entered into my
present purpose to inquire how far trial by jury (more espe-
cially in civil cases) contributes to insure the best administration
of justice, I adm that its utility might be contested. As the
jury was first introduced at a time when society was in an un-
civilized state, and when courts of justice were merely called
upon to decide on the evidence of facts, it is not an easy task
to adapt it to the wants of a highly civilized community when
the mutual relations of men are multiplied to a surprising ex-

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tent, and have assumed the enlightened and intellectual char-
acter of the age.fr

My present object is to consider t'^e jury as a political insti-
tution, and any other course would di crt ine from my subject.
Of trial by jury, considered as a judicial institution, I shall here
say but very few words. When the English adopted trial by
jury they were a semi-barbarous people ; they are become, in
course of time, one of the most enlightened nations of the earth ;
and their attachment to this institution seems to have increased
with their increasing cultivation. They soon spread beyond
their insular boundai ies to every corner of the habitable globe ;
some have formed colonies, others independent states; the
mother-country has maintained its monarchical constitution ;
many of its offspring have founded powerful republics ; but
wherever the English have been they have boasted of the priv-
ilege of trial by jury.c They have established it, or hastened
to re-establish it, in all their settlements. A judicial institution
which obtains the suffrages of a great people for so long a series
of ages, which is zealously renewed at every epoch of civiliza-
tion, in all the climates of the earth and under every form of
human government, cannot be contrary to the spirit of justice.^

b The investigation of trial by jury
as a judicial institution, and the appre-
ciation of its effects in the United
States, together with the advantages the
Americans have derived from it, would
suffice to form a book, and a book upon
a very "tseful and curious subject. The
State ol Louisiana would in particular
afford the curious nhenomenon of a
French and English legislation, as well
as a French and English population,
which are gradually combining with
each other. See the " Digestc des Lois
de la I.ouisianc," in two volumes ; and
the " Traite sur Ies Regies des Actions
civiles," printed in French and English
at New Orleans in 1830.

c All the English and American jur-
ists are unanimous upon this head. Mr.
Story, judge of the Supreme Court of
the Onited States, speaks, in his " Trea-
tise on the Federal Constitution," of the
advantages of trial by jury in civil
cases:— The inestimable privilege of
a trial by jury in civil cases— a privilege
scarcely inferior to that in criminal
cases, which is counted by all persons
to be essential to political and civil lib-
erty. . . ." (Story, book iii., chap,
xxxviii.)

d If it were our province to point out
the utility of the jury as a judicial insti-
tution in this place, much might be
said, and the following arguments might
be brought forward amongst others:—

By introducing the jury into the busi-

ness of the courts you are enabled to
diminish the nimiber of judges, which
is a very great advantage. When judges
are very numenms, death is perpetually
thinning the ranks of the judicial func-
tionaries, and laying places vacant for
newcomers. The ambition of the mag-
istrates is therefore continually excited,
and they are naturally made dependent
upon the will of the majority, or the
individual who fills up the vacant ap-
pointments; the officers of the court
then rise like the officers of an army.
This state of things is entirely contrary
to the sound administration of justice,
and to the intentions of the legislator.
The office of a judge is made in.Tlienable
in order that he may remain independ-
ent: but of what advantage is it that his
independence should be protected if he
be tempted to sacrifice it of his own ac-
cord? When judges are very numerous
many of them must necessarily be in-
capable of performing their important
duties, for a great magistrate is a man
of no common powers; and I am in-
clined to believe that a half-enlightened
tribunal is the worst of all instruments
for attaining those objects which it is
the puroose of courts of justice to ac-
Cvimplish. For my own part, I had
rather submit the decision of a case to
ignorant jurors directed by a skilful
judge than to judges a majority of
whom are imperfectly acquainted with
jurisprudence and with the laws.

DEMOCRACY IN AMERICA

287

I turn, however, from this part of the subject. To look upon
the jury as a mere judicial institution is to confine our attention
to a very narrow view of it ; for however great its influence may
be upon the decisions of the lavvr courts, that influence is very
subordinate to the powerful effects which it produces on the
destinies of the community at large. The jury is above all a
political institution, and it must be regarded in this light in order
to be duly appreciated.

By the jury I mean a certain number of citizens chosen in-
discriminately, and invested .with a temporary right of judging.
Trial by jury, as applied to the repression of crime, appears to
me to introduce an eminently republican element into the gov-
ernment upon the following grounds : —

The institution of the jury may be aristocratic or democratic,
according to the class of society from which the jurors are se-
lected; but it always preserves its republican character, inas-
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 right. A government which should only be able
to crush its enemies upon a field of battle would very soon be
destroyed. The true sanction of political laws is to be found in
penal legislation, and if that sanction be wanting the law will
sooner or later lose its cogency. He who punishes infractions
of the law is therefore the real master of society. Now the in-
stitution 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 artistocratic portion
of the nation ;f the aristocracy makes the laws, applies the laws,
and punishes all infractions of the laws ; everything is estab-
lished upon a consistent footing, and England may with truth

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e An important remark must, how-
ever, be made. Trial by jury does un-
questionably invest the people with a
general control over the actions of cit-
izens, but it does not furnish means of
exercisinf? this control in all cases, or
with an absolute authority. When an
absolute monarch has the right of try-
ing offences by his representatives, the
fate of the prisoner is, as it were, de-
cided beforehand. But even if the peo-

ple were predisposed to convict, the
composition and the non-responsibility
of the jury would still afford some
chances favorable to the protection of
innocence.

f [This_ may be true to some extent of
special juries, but not of common
juries. The author seems not to have
been aware that the qualifications of
jurors in England vary exceedingly.]

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be said to constitute an aristocratic republic. In the United
States the same system is appHed to the whole people. Every
American citizen is qualified to be an elector, a juror, and is
eligible to office.g The system of the jury, as it is understood
in America, appears to me to be as direct and as extreme a
consequence of the sovereignty of the people as universal suf-
frage. These institutions are two instruments of equal power,
which contribute to the supremacy of the majority. All the
sovereigns who have chosen to govern by their own authority,
and to direct society instead of obeying its directions, have de-
stroyed or enfeebled the institution of the jury. The monarchs
of the House of Tudor sent to prison jurors who refused to con-
vict, 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 arises as to the proper qualification of jurors, it
is confined to a discussion of the intelligence and knowledge of
the citizens who may be returned, as if the jury was merely a
judicial institution. This appears to me to be the least part of
the subject. The jury is pre-eminently a political institution ;
it must be regarded as one form of the sovereignty of the 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 nation to which the
execution of the laws is entrusted, as the Houses of Parlia-
ment constitute that part of the nation which makes the laws ;
and in order that society may be governed with consistency
and uniformity, the list of citizens qualified to serve on juries
must increase and diminish with the list of electors. This I hold
to be the point of view most worthy of the attention of the legis-
lator, and all that remains is merely accessory.

I am so entirely convinced that the jury is pre-eminently a
political institution that I still consider it in this light when it is
applied in civil causes. Laws are always unstable unless they
are founded upon the manners of a nation ; manners are the
only durable and resisting power in a people. When the jury
is reserved for criminal offences, the people only witnesses its
occasional action in certain particular cases; the ordinary
course of life goes on without its interference, and it is consid-

gSee Appendix, Q.

DEMOCRACY IN AMERICA

989

ered as an instrument, but not as the only instrument, of ob-
taining justice. This is true d fortiori when the jury is only ap-
plied 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 ; everyone co-operates in its
work : it thus penetrates into all the usages of life, it fashions the
human mind to its peculiar forms, and is gradually associated
with the idea of justice itself.

The institution of the jury, if confined to criminal causes, is
always in danger, but when once it is introduced into civil pro-
ceedings it defies the aggressions of time and of man. If it had
been as easy to remove the jury from the manners as from the
laws of England, it would have perished under Henry VIII,
and Elizabeth, and the civil jury did in reality, at that period,
save the liberties of the country. In whatever manner the jury
be applied, it cannot fail to exercise a powerful influence upon
the national character; but this influence is prodigiously in-
creased when it is introduced into civil causes. The jury, and
more especially the jury in civil cases, serves to communicate
the spirit of the judges to the minds of all the citizens ; and this
spirit, with the habits which attend it, is the soundest 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 practice equity,
every man learns to judge his neighbor as he would himself be
judged ; and this is especially true of the jury in civil causes,
for, whilst the number of persons who have reason to apprehend
a criminal prosecution is small, every one is liable to have a
I civil action brought against him. The jury teaches every man
not to recoil before the responsibility of his own actions, and im-
presses him with that manly confidence without which political
virtue cannot exist. It invests each citizen with a kind of mag-
istracy, 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
affairs which are not exclusively their own, it rubs off that in-
dividual 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.
Vou I. — 19

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in my opinion, its greatest advantage. It may be regarded as
a gratuitous public school ever open, in which every juror learns
to exercise his rights, enters into daily communication with the
most learned and enlightened members of the upper classes,
and becomes practically acquainted with the laws of his coun-
try, which are brought within the reach of his capacity by the
efforts of the bar, the advice of tht judge, and even by the
passions of the parties. I think that the practical intelligence
and political good sense of the Americans are mainly attribut-
able 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 peculiai to the Americans and
to democratic peoples. I have already observed that in de-
mocracies the members of the legal profession and the magis-
trates constitute the only aristocratic body which can check the
irregularities of the people. This aristocracy is invested with
no physical power, but it exercises its conservative influence
upon the minds of men, an1 the most abundant source of its au-
thority is the institution oi 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 attention to the exact question of fact
which they are called upon to solve, and he puts the answer to
the question of law into their mouths. His influence upon
their verdict is almost unlimited.

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DEMOCRACY IN AMERICA

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If I am called upon to explain why I am but little moved by
the arguments derived from the ignorance of jurors in civil
causes, I reply, that in those proceedings, whenever the question
to be solved is not a mere question of fact, the jury has only the
semblance of a judicial body. The jury sanctions the decision
of the judge, they 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. The reason of this difference may easily be discovered ;
the English and American magistrates establish their authority
in civil causes, and only transfer it afterwards to tribunals of an-
other kind, where that authority was not acquired. In some
cases (and they are frequently the most important ones) the
American judges have the right of deciding causes alone.*
Upon these occasions they are accidentally placed in the posi-
tion which the French judges habitually occupy, but they are
invested with far more power than the latter; they arc still
surrounded by the reminiscence of the jury, and their judgment
has almost as much authority as the voice of the community at
large, represented by that institution. Their influence extends
beyond the limits of the courts ; in the recreations of private life
as well as in the turmoil of public business, abroad and in the
legislative assemblies, the American judge is constantly sur-
rounded 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 teachini; ^^ to rule well.

h See Appendix, R.

i The Federal judges decide upon

their own authority almost all the ques-
tions most important to the country.

CHAPTER XVII

PRINCIPAL CAUSES WHICH TEND TO MAINTAIN THE
DEMOCRATIC REPUBLIC IN THE UNITED STATES

A DEMOCRATIC republic subsists in the United States,
and the principal object of this book has been to account
for the fact of its existence. Several of the causes which
contribute to maintain the institutions of America have been
involuntarily 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 parts 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 reasons which best explain the pres-
ent. In this retrospective chapter I shall be succinct, for I shall
take care to remind the reader very summarily of what he al-
ready 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 Provi-
dence has placed the Americans.

II. The laws.

III. The manners and customs of the people.

Accidental or Providential Causes Which Contribute
TO the Maintenance of the Democratic Republic in
THE United States

The Union has no neighbors — No metropolis — The Americans have
had the chances of birth in their favor — America an empty country
— How this circumstance contributes powerfully to the maintenance
of the democratic republic in America — How the American wilds
are peopled — Avidity of the Anglo-Americans in taking possession
of the solitudes of the New World — Influence of physical prosperity
upon the political opinions of the Americans.
A thousand circumstances, independent of the will of man,

concur to facilitate the maintenance of a democratic republic

292

DEMOCRACY IN AMERICA

'93

in the United States. Some of these peculiarities arc known,
the others may easily be pointed out ; but I shall confine my-
self to the most prominent amongst them.

The Americans have no neighbors, and consequently they
have no great wars, or financial crises, or inroads, or conquest
to dread; they require neither great taxes, nor great armies,
nor great generals ; and they have nothing to fear from a
scourge which is more formidable to republics than all these
evils combined, namely, military glory. It is impossible to
deny the inconceivable influence which military glory exercises
upon the spirit of a nation. General Jackson, whom the Amer-
icans have twice elected to the head of their Government, is
a man of a violent temper and mediocre talents ; no one cir-
cumstance in the whole course of his career ever proved that
he is qualified to govern a free people, and indeed the majority
of the enlightened classes of the Union has always been op-
posed to him. But he was raised to the Presidency, and has
been maintained in that lofty station, solely by the recollection
of a victory which he gained twenty years ago under the walls
of New Orleans, a victory which was, however, a very ordinary
achievement, and which could only be remembered in a country
where battles are rare. Now the people which is thus carried
away by the illusions of glory is unquestionably the most cold
and calculating, the most unmilitary (if I may use the expres-
sion), and the most prosaic of all the peoples of the earth.

America has no great capital a city, whose influence is di-

oThe United States have no metrop-
olis, but they already contain several
very large cities. Philadelphia reckoned
161,000 inhabitants and New York aoa,-
000 in the year 1830. The lower orders
which inhaoit these cities constitute a
rabble even more formidable than the
populace of European towns. They
consist of freed blacks in the first place,
who are condemned by the laws and by
public opinion to a hereditary state of
misery and depradation. They also con-
tain a multitude of Europeans who have
been driven to the shores of the New
World by their misfortunes or their
misconduct; and these men inoculate
the United States with all our vices,
without bringing with them any of those
interests which counteract their baneful
influence. As inhabitants of a country
where they have no civil rights, they
are ready to turn all the passions which
agitate the community to their own ad-
vantage; thus, within the last few
months serious riots have broken out in
Philadelphia and in New York. Dis-
turbances of this kind are unknown in
the rest of the country, which is nowise
alarmed by them, because the popula-

tion of the cities has 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 future security of the dem-
ocratic republics of the New World;
and I venture to predict that they will
nerish from this circumstance unless
the government succeeds in creating an
armed force, which, whilst it remains
under the control of the majority of the
nation, will be independent of the town
population, and able to repress its ex-
cesses.

[The population of the city of New
York had risen, in 1870, to 942,392, and
that of Philadelphia to 674,022. Brook-
lyn, which may be said to form part
of New York city, has a population of
396,099, in addition to that of New York.
The frequent disturbances in the great
cities of America, and the excessive cor-
ruption of their local governments —
over which there is no effectual control
—are amongst the greatest evils and
dangers of the country.]

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rectly or indirectly felt over the whole extent of the country,
which I hold to be one of the first causes of the maintenance
of republican institutions in the United States. In cities men
cannot be prevented from concerting together, and from
awakening a mutual excitement which prompts sudden and
passionate resolutions. Cities may be looked upon as large
assemblies, of which all the inhabitants are members ; their pop-
ulace exercises a prodigious influence upon the magistrates.,
and frequently executes its own wishes without their interven-
tion.

To subject the provinces to the metropolis is therefore not
only to place the destiny of the empire in the hands of a portion
of the community, which may be reprobated as unjust, but
to place it in the hands of a populace acting under its own
impulses, which must be avoided as dangerous. The pre-
ponderance of capital cities is therefore a serious blow upon
the representative system, and it exposes modern republics to
the same defect as the republics of antiquity, which all perished
from not having been acquainted with that form of government.

It would be easy for me to adduce a great number of sec-
ondary causes which have contributed to establish, and which
concur to maintain, the democratic republic of the United
States. But I discern two principal circumstances amongst
these favorable elements, which I hasten to point out. I have
already observed that the origin of the American settlements
may be looked upon as the first and most efficacious cause
to which the present prosperity of the United States may be
attributed. The Americans had the chances of birth in their
favor, and their forefathers imported that equality of condi-
tions into the country whence the democratic republic has very
naturally taken its rise. Nor was this all they did ; for besides
this republican condition of society, the early settlers be-
queathed to their descendants those customs, manners, and
opinions which contribute most to the success of a republican
form of government. When I reflect upon the consequences
of this primary circumstance, methinks I see the destiny of
America embodied in the first Puritan who landed on those
shores, just as the human race was represented by the first man.

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 in-

DEMOCRACY IN AMERICA

29s

habit. Their ancestors gave them the love of equaUty and
of freedom, but God himself gave them the means of remain-
ing equal and free, by placing them upon a boundless con-
tinent, which is open to their exertions. General prosperity
is favorble to the stability of all governments, but more par-
ticularly of a democratic constitution, which depends upon the
dispositions of the majority, and more particularly of that por-
tion of the community which is most exposed to feel the pres-
sure of want. When the people rules, it must be rendered
happy, or it will overturn the State, and misery is apt to stimu-
late it to those excesses to which ambition rouses kings. The
physical causes, independent of the laws, which contribute to
promote general prosperity, are more numerous in America
than they have ever been in any other country in the world, at
any other period of history. In the United States not only is
legislation democratic, but nature herself favors the cause of
the people.

In what part of human tradition can be found anything at
all similar to that which is occurring under our eyes in North
America? The celebrated communities of antiquity were all
founded in the midst of hostile nations, which they were obliged
to subjugate before they could flourish in their place. Even the
moderns have found, in some parts of South America, vast
regions inhabited by a people of inferior civilization, but which
occupied and cultivated the soil. To found their new states
it was necessary to extirpate or to subdue a numerous popula-
tion, until civilization has been made to blush for their success.
But North America was only inhabited by wandering tribes,
who took no thought of the natural riches of the soil, and that
vast country was still, properly speaking, an empty continent,
a desert land awaiting its inhabitants.

Everything is extraordinary in America, the social condition
of the inhabitants, as well as the laws ; but the soil upon which
these institutions are founded is more extraordinary than all
the rest. When man was first placed upon the earth by the
Creator, the earth was inexhaustible in its youth, but man
was weak and ignorant ; and when he had learned to explore
the treasures which it contained, hosts of his fellow creatures
covered its surface, and he was obliged to earn an asylum
for repose and for freedom by the sword. At that same period
North America was discovered, as if it had been kept in reserve

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•

by the Deity, and had just risen from beneath the waters of the
deluge.

That continent still presents, as it did in the primeval time,
rivers which rise from never-failing sources, green and moist
solitudes, and fields which the ploughshare of the husband-
man has never turned. In this state it is offered to man, not in
the barbarous and isolated condition of the early ages, but to
a being who is already in possession of the most potent secrets
of the natural world, who is united to his fellow-men, and
instructed by the experience of fifty centuries. At this very
time thirteen millions of civilized Europeans are peaceably
spreading over those fertile plains, with whose resources and
whose extent they are not yet themselves accurately acquainted.
Three or four thousand soldiers drive the wandering races of
the aborigines before them ; these are followed by the pioneers,
who pierce the woods, scare off the beasts of prey, explore the
courses of the inland streams, and make ready the triumphal
procession of civilization across the waste.

The favorable influence of the temporal prosperity of Amer-
ica upon the institutions of that country has been so often
described by others, nd adverted to by myself, that I shall
not enlarge upon it ' r ,1 the addition of a few facts. An
erroneous notion is e*, • ,lly entertained that the deserts of
America are peopled by European emigrants, who annually
disembark upon the coasts of the New World, whilst the
American population increases and multiplies upon the soil
which its forefathers tilled. The European settler, however,
usually arrives in the United States without friends, and some-
times without resources; in order to subsist he is obliged
to work for hire, and he rarely proceeds beyond that belt of
industrious population which adjoins the ocean. The desert
cannot be explored without capital or credit; and the body
must be accustomed to the rigors of a new climate before it
can be exposed to the chances of forest life. It is the Ameri-
cans themselves who daily quit the spots which gave them
birth to acquire extensive domains in a remote country. Thus
the European leaves his cottage for the trans-Atlantic shores ;
and the American, who is born on that very coast, plunges in
his turn into the wilds of Central America. This double
emigration is incessant; it becfins in the remotest parts of
Europe, it crosses the Atlantic Ocean, and it advances over

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DEMOCRACY IN AMERICA

297

the solitudes of the New World. Millions of men are marching
at once towards the same horizon; their language, their re-
ligion, their manners differ, their object is the same. The gifts
of fortune are promised in the West, and to the West they
bend their course.*'

No event can be compared with this continuous removal
of the human race, except perhaps those irruptions which pre-
ceded the fall of the Roman Em-^ire. Then, as well as now,
generations of men were impellea lorwards in the same direc-
tion to meet and struggle on the same spot; but the designs
of Providence were not the same ; then, every newcomer was
the harbinger of destruction and of death ; now, every adven-
turer 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 por-
tion of the inhabitants annually leave the States in which they
were born, the population of these States increases very slowly,
although they have long been established : thus in Connecticut,
which only contains fifty-nine inhabitants to the square mile,
the population has not increased by more than one-quarter
in forty years, whilst 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 work-
man in easy circumstances ; his son goes to seek his fortune in
unpeopled regions, and he becomes a rich landowner. The
former amasses the capital which the latter invests, and the
stranger as well as the native is unacquainted with want.

The laws of the United States are extremely favorable to
the division of property ; but a cause which is more powerful
than the laws prevents property from being divided to excess.c
This is very perceptible in the States which are beginning to be
thickly peopled ; Massachusetts is the most populous part of
the Union, but it contains only eighty inhabitants to the square
mile, which is muse less than in France, where 162 are reckoned
to the same extent of country. But in Massachusetts estates

b [The number of foreign immiKrants
into the United States in the last fifty
years (from 1820 to 1871) is stated to be
9,556,007. Of these, 4.104.553 spoke Enjr-
lish— that is, they came from Great Bri-
tain, Ireland, or the British colonies;

2,643,069 came from Germany or north-
ern Europe; and about half a million
from the south of Europe.]

c In New England the estates are
exceedingly small, but they are rarely
subjected to further division.

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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 circumstances have
concurred to re-establish it under a form of which none can
complain, and by which no just rights are impaired.

A single fact will suffice to show the prodigious number
of individuals who leave New England, in this manner, to
settle themselves in the wilds. We were assured in 1830 that
thirty-six of the members of Congress were born in the little
State of Connecticut. The population of Connecticut, which
constitutes only one forty-third part of that of the United
States, thus furnished one-eighth of the whole body of repre-
sentatives. The States of Connecticut, however, only sends
five delegates to Congress; and the thirty-one others sit ftr
the new Western States. If these thirty-one individuals had
remained in Connecticut, it is probable that instead of becom-
ing rich landowners they would have remained humble la-
borers, 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 citi-
zens.

These reflections do not escape the observation of the Amer-
icans any more than of ourselves. " It cannot be doubted,"
says Chancellor Kent in his " Treatise on American Law,"
" that the division of landed estates must produce great evils
when it is carried to such excess as that each parcel of land is
insufficient to support a family; but these disadvantages have
never been felt in the United States, and many generations
must elapse before they can be felt. The extent of our inhabited
territory, the abundance of adjacent land, and the continual
stream of emigration flowing from the shores of the Atlantic
towards the interior of the country, suffice as yet, and will long
suffice, to prevent the parcelling out of estates."

It is difficult to describe the rapacity with which the Ameri-
can rushes forward to secure the immense booty wh'ch for-
tune proffers to him. In the pursuit he fearlessly braves the
arrow of the Indian and the distempers of the forest; he is
unimpressed by the silence of the woods; the approach of
beasts of prey does not disturb him ; for he is goaded onwards
by a passion more intense than the love of life. Before him
lies a boundless continent, and he urges onwards as if time

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DEMOCRACY IN AMERICA

299

pressed, and he was afraid of finding no room for his exertions.
I have spoken of the emigration from the older States, but
how shall I describe that which takes place fro*n the more
recent ones? Fifty years have scarcely elapsed since that of
Ohio was founded; the greater part of its inhabitants were
not born within its confines; its capital has only been built
thirty years, and its territory is still covered by an immense
extent of uncultivated fields; nevertheless the population of
Ohio is already proceeding westward, and most of the settlers
who descend to the fertile savannahs of Illinois are citizens of
Ohio. These men left their first country to improve their con-
dition ; they quit their resting-place to ameliorate it still more ;
fortune awaits them everywhere, but happiness they cannot
attain. The desire of prosperity is become an ardent and rest-
less passion in their minds which grows by what it gains. They
early broke the ties which bound them to their natal earth,
and they have contracted no fresh ones on their way. Emigra-
tion was at first necessary to them as a means of subsistence ;
and it soon becomes a sort of game of chance, which they
pursue for the emotions it excites as much as for the gain it
procures.

Sometimes the progress of man is so rapid that the desert
reappears 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 primeval forest soon scatters a fresh vegeta-
tion, the beasts resume the haunts which were once their own,
and Nature covers the traces of man's path with branches and
with flowers, which obliterate his evanescent track.

I remember that, in crossing one of the woodland districts
which still cover the State of New York, I reached the shores
of a lake embosomed in forests coeval with the world. A
small island, covered with woods whose thick foliage con-
cealed its banks, rose from the centre of the waters. Upon
the shores of the lake no object attested the presence of man
except a column of smoke which might be seen on the horizon
rising from the tops of the trees to the clouds, and seeming to

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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 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 lux-
uriant vegetation bore witness to the incomparable fruitfulness
of the soil. The deep silence which is common to the wilds of
North America was only broken by the hoarse cooing of the
wood-pigeon, and the tapping of the woodpecker upon the
bark of trees. I was far from supposing that this spot had ever
been inhabited, so completely did Nature seem to be left to
her own caprices ; but when I reached the centre of the isle
I thought that I discovered some traces of man. I then pro-
ceeded to examine the surrounding objects with care, and I
soon perceived that a European had undoubtedly been led to
sjck a refuge in this retreat. Yet what changes had taken
place in the scene of his labors ! The logs which he had hastily
hewn to build himself a shed had sprouted afresh ; the very
props were intertwined with living verdure, and his cabin was
transformed into a bower. In the midst of these shrubs a few
stones were to be seen, blackened with fire and sprinkled with
thin ashes ; here the hearth had no doubt been, and the 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 ? "

In Europe we are wont to look upon a restless disposition,
an unbounded desire of riches, and an excessive love of inde-
pendence, as propensities very formidable to society. Yet these
are the very elements which ensure a long and peaceful 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 of the Old World, which
it is difficult to satisfy ; for such is the present good fortune of
the New World, that the vices of its inhabitants are scarcely
less favorable to society than their virtues. These circumstances
exercise a great influence on the estimation in which human
actions are held in the two hemispheres. The Americans fre-
quently term what we should call cupidity a laudable industry ;

DEMOCRACY IN AMERICA

301

and they 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 attachments 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 en-
lightened, patriotic, and humane inhabitants make extraordi-
nary efforts to render the people dissatisfied with those simple
enjoyments which still content it. There, the seductions of
wealth are vaunted with as much zeal as the charms of an
honest but limited income in the Old World, and more exer-
tions are made to excite the passions of the citizens there than
to calm them elsewhere. If we listen to their eulogies, we shall
hear that nothing is more praiseworthy than to exchange the
pure and homely pleasures which even the poor man tastes in
his own country for the dull delights of prosperity under a
foreign sky; to leave the patrimonial hearth and the turf be-
neath whic'" 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 wor.< i*. In America too much knowledge can-
not be diffused; for all knowledge, whilst it may serve him
who possesses it, tu/ns also to the advantage of those who are
without it. New wants are not to be feared, since they can be
satisfied without difficulty ; the growth of human passions
need not be dreaded, since all passions may find an easy and a
legitimate object; nor can men be put in possession of too
much freedom, since they are scarcely ever tempted to misuse
their liberties.

The American republics of the present day are like com-
panies of adventurers formed to explore in common the waste
lands of the New World, and busied in a flourishing trade.
The passions which agitate the Americans most deeply are
not their political but their commercial passions ; or, to speak

! '
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DE TOCQUEVILLE

more correctly, they introduce the habits they contract in busi-
ness into their poHtical Hfe. They love order, without which
affairs do not prosper ; and they set an especial value upon a
regular conduct, which is the foundation of a solid business;
they prefer the good sense which amasses large fortunes to
that enterprising spirit which frequently dissipates them ; gen-
eral ideas alarm their minds, which are accustomed to positive
calculations, and they 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 which ought to acknowledge no sway but
that of reason; and it is more especially amongst strangers
that this truth is perceptible. Most of the European emigrants
to the New World carry with them that wild love of inde-
pendence and of change which our calamities are so apt to
engender. I sometimes met with Europeans in the United
States who had been obliged to leave their own country on
accou jf their political opinions. They all astonished me
by the language they held, but one of them surprised me more
than all the rest. As I was crossing one of the most remote
districts of Pennsylvania I was benighted, and obliged to beg
for hospitality at the gate of a wealthy planter, who was a
Frenchman by birth. lie bade me sit down beside his fire, and
we began to talk with that freedom which befits persons who
meet in the backwoods, two thousand leagues from their native
country. I was aware that my host had been a great leveller
and an ardent demagogue forty years ago, and that his name
was not unknown to fame. I was, therefore, not a little sur-
prised to hear him discuss the rights of property as an econo-
mist or a landowner might have done : he spoke of the neces-
sary gradations which fortune establishes among men, of
obedience to established laws, of the influence of good morals in
commonwealths, and of the support which religious opinions
give to order and to freedom ; he even went to far as to quote
an evangelical authority in corroboration of one of his political
tenets.

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-
perses the clouds of doubt ; I was poor, I become rich, and I

DEMOCRACY IN AMERICA

303

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 connection of public order and public prosperity, in-
timately 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.

Influence of the Laws Upon the Maintenance of the
Democratic Republic in the United States

Three principal causes of the 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 United States; if this purpose has been accom-
plished, the reader is already enabled to judge for himself which
are the laws that really tend to maintain the democratic repub-
lic, and which endanger its existence. If I have not succeeded
in explaining this in the whole course of my work, I cannot hope
to do so within the limits of a single chapter. It is not my in-
tention to retrice the path I have already pursued, and a very
few lines will suffice to recapitulate what I have previously ex-
plained.

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 Government which the
Americans have adopted, and which enables the Union to com-
bine the power of a great empire with the security of a small
State.

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

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power. I have shown in what manner the courts of justice serve
to repress the excesses of detnocracy, and how they check and
direct the impulses of the majority without stopping its activity.

Influence of Manners Upon the Maintenance of the
Democratic Rei'Uhlic in the United States

I have previously remarked that the manners of the people
may he considered as one of the general causes to which the
' maintenance of a democratic repuhlic in the United States is
attrihutable. I here used the word manners with the meaning
which the ancients attached to the word mores, for I ai)ply 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 com-
prise, therefore, under this term the whole moral and intellect-
ual condition of a people. My intention is not to draw a
picture of American manners, but simply to point out suclr
features of them as are favorable to the maintenance of political
institutions.

Religion Considered as a Political Institution, Which
Powerfully Contributes to the Maintenance of the
Democratic Republic Amongst the Americans

North America peopled by men who professed a democratic and re-
publican Christianity — Arrival of the Catholics — For what reason
the Catholics form the most democratic and the most republican
class at the present time.

Every religion is to be found in juxtaposition to a political
opinion which is connected with it by affinity. If the human
mind be left to follow its own bent, it will regulate the teinporal
and spiritual institutions of society upon one uniform principle ;
and man will endeavor, if I may use the expression, to harmon-
ize the state in which he lives upon earth with the state which he
believes to await him in heaven. The greatest part of British
America was peopled by men who, after having shaken of? the
authority of the Pope, acknowledged no other religious su-
premacy ; they brought with them into the New World a form

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DEMOCRArv IN AMERICA

30s

of Christianity which I cannot better clcscribc than by styhnpf
it a democratic and republican rehjjion. This sect contributed
powerfully to the establishment of a democracy and d republic,
and from the earliest settlement of the emigrants politics and
rclijjion 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
than a million of Christians professing the truths of the Church
of Rome arc to be met with in the Union.*/ The Catholics are
faithful to the observances of their religion ; they are fervent and
zealous in the support and belief of their doctrines. Neverthe-
less they constitute the most republican and the most demo-
cratic class of citizens which exists in the United States ; and
although this fact may surprise the observer at first, the causes
by which it is occasioned may easily be discovered upon reflec-
tion.

I think that the Catholic religion has erroneously been looked
upon as the natural enemy of democracy. Amongst the vari-
ous sects of Christians, Catholicism seems to me, on the
contrary, to be one of those which are most favorable to the
equality of conditions. In the Catholic Church, the religious
community is composed of only two elements, the priest and
the people. The priest alone rises above the rank of his flock,
and all below him are equal.

On doctrinal points the Catholic faith places all human ca-
pacities upon the same level ; it subjects the wise and ignorant,
the man of genius and the vulgar crowd, to the details of the
same creed ; it imposes the same observances upon the rich and
needy, it inflicts the same austerities upon the strong and the
weak, it listens to no compromise with mortal man, but, re-
ducing all the human race to the same standard, it confounds
all the distinctions of society at the foot of the same altar, even
as they are confounded in the sight of God. If Catholicism
predisposes the faithful to obedience, it certainly does not pre-
pare them for inequality ; but the contrary may be said of

d [It is difficult to ascertain with ac-
curacy the amount of the Roman Cath-
olic population of the United States, but
in 1868 an able writer in the " Edin-
burpth Review " (vol. cxxvii. _ p. 521)
affirmed that the whole Catholic popu-
lation of the United States was then

Vol. I.— 20

about 4,000,000, divided into 43 dioceses,
with 3,795 churches, under the care 01
45. bishops and 2,317 clercymen. Ttut
this rapid increase is mainly supported
by immigration from the Catholic coun-
tries of Europe.]

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Protestantism, which generally tends to make men indepen-
dent, more tiian to render tlicni ecjual.

Catholicism is like an absolute monarchy ; if the sovcreiRn
be removed, all the other classes of society arc more equal than
they are in republics. It has not unfrcquently occurred that the
Catholic priest has left the service of the altar to mix with the
governing powers of society, and to take his place amongst the
civil gradations of men. This religious influence has some-
times 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 is found
that no class of men are more naturally disposed than the
Catholics to transfuse the doctrine of the equality of conditions
into the political world. If, then, the Catholic citizens of the
United States arc not forcibly led by the nature of their tenets
to adopt democratic and republican principles, at least they are
not necessarily opposed to them ; and their social position, as
well as their limited number, obliges them to adopt these opin-
ions. Most of the Catholics are poor, and they have no chance
of taking a part in the government unless it be open to all the
citizens. They constitute a minority, and all rights must be re-
spected in order to insure to them the free exercise of their own
privileges. These two causes induce them, unconsciously, to
adopt political doctrines, which they would perhaps support
with less zeal if they were rich and preponderant.

The Catholic clergy of the United States has never attempted
to oppose this political tendency, but it seeks rather to justify
its results. The priests in America have divided the intellect-
ual world into two parts : in the one they place the doctrines of
revealed religion, which command their assent ; in the other
they leave those truths which they believe to have been freely
left open to the researches of political inquiry. Thus the
Catholics of the United States are at the same time the most
faithful believers and the most zealous citizens.

It may be asserted that in the United States no religious di-c-
trine displays the slightest hostility to democratic and r^p ubli-
can institutions. The clergy of all the different sects hold the
same language, their opinions are consonant to the laws, and
the human intellect flows onwards in one sole current.

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DEMOCRACY IN AMERICA

307

I happened to be staying in one of the larjjcst towns in the
Union, when I was invited to attend a public meeting whicli
had been called for the purpose of assisting the Poles, and of
sending theiu supplies of artns and money. I found two or
three thousand persons collected in a vast hall which had been
prepared to receive them. In a short time a priest in his ec-
clesiastical robes advanced to the front of the hustings: the
spectators rose, and stood uncovered, whilst he spoke in the
following terms : —

" Almighty God ! the God of Armies ! Thou who didst
strengthen the hearts and guide the arms of our fathers when
they were fighting for the sacred rights of national indepen-
dence ; Thou who didst make them triumph over a hateful op-
piession, and hast granted to our people the benefits of liberty
ard peace; Turn, O Lord, a favorable eye upon the other
hemisphere ; pitifully look down upon that heroic nation which
is even now struggling as we did in the former time, and for
the same riHits which wc defended with our blood. Thou, who
didt creat; Man in the likeness of the same image, let not
tyir ; y mar Thy work, and establish inequality upon the earth.
A 'mighty God! do Thou watch over the destiny of the Poles,
and render <em worthy to be free. May Thy wisdom direct
their councils, and may Thy strength sustain their arms ! Shed
forth Thy terror ov< r 'heir enemies, scatter the powers which
take counsel against Jicm; and vouchsafe that the injustice
which the world has witnessed for fifty years, be not consum-
mated in our time. O Lord, who boldest alike the hearts of
nations and of men in Thy powerful hand ; raise up allies to the
sacred cause of right ; arouse the French nation from the
apathy in which its rulers retain it, that it go forth again to fight
for the liberties of the world.

" Lord, turn not Thou Thy face from us, and grant that we
may always be the most religious as well as the freest people
of the earth. Almighty God, hear our supplications this day.
Save the Poles, we beseech Thee, in the name of Thy well-be-
loved Son, our Lord Jesus Christ, who died upon the cros^ for
the salvation of men. Amen."

The whole meeting responded " Amen !" with devotion.

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Indirect Influence of Religious Opinions Upon Politi-
cal Society in the United States

Christian morality common to all sects — Influence of religion upon the
manners of the Americans — Respect for the marriage tie — In what
manner religion confines the imagination of the Americans within
certain limits, and checks the passion of innovation — Opinion of
the Americans on the political utility of religion — Their exertions
to extend and secure its predominance.

I have just shown what the direct influence of religion upon
politics is in the United States, but its indirect influence appears
to me to be still more considerable, and it never instructs the
Americans more fully in the art of being free than when it says
nothing of freedom.

The sects which exist in the United States are innumerable.
They all differ in respect to the worship which is due from man
to his Creator, but they all agree in respect to the duties which
are due from man to man. Each sect adores the Deity in its
own peculiar manner, but all the sects preach the same moral
law in the name of God. If it be of the highest importance to
man, as an individual, that his religion should be true, the case
of society is not the same. Society has no future life to hope
for or to fear ; and provided the citizens profess a religion, the
peculiar tenets of that religion are of very little importance to
its interests. Moreover, almost all the sects of the United
States are comprised within the great unity of Christianity, and
Christian morality is everywhere the same.

It may be believed without unfairness that a certain number
of Americans pursue a peculiar form of worship, from habit
more than from conviction. In the United States the sovereign
authority is religious, and consequently hypocrisy must be com-
mon ; but there is no country in the whole world in which the
Christian religion retains a greater influence over the souls of
men than in America ; and there can be no greater proof of its
utility, and of its conformity to human nature, than that its in-
fluence is most powerfully felt over the most enlightened and
free nation of the earth.

I have remarked that the members of the American clergy
in general, without even excepting those who do not admit re-
ligious liberty, are all in favor of civil freedom ; but they do not
support any particular political system. They keep aloof from

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309

parties and from public affairs. In the United States religion
exercises but little influence upon the laws and upon the details
of public opinion, but it directs the manners of the community,
and by regulating domestic life it regulates the State.

I do not question that the great austerity of manners which
is observable in the United States, arises, in the first instance,
from religious faith. Religion is often unable to restrain man
from the numberless temptations of fortune ; nor can it check
that passion for gain which every incident of his life contributes
to arouse, but its influence over the mind of woman is supreme,
and women are the protectors of morals. There is certainly no
country in the world where the tie of marriage is so much re-
spected as in America, or where conjugal happiness is more
highly or worthily appreciated. In Europe almost all the dis-
turbances of society arise from the irregularities of domestic
life. To despise the natural bonds and legitimate pleasures of
home, is to contract a taste for excesses, a restlessness of heart,
and the evil of fluctuating desires. Agitated by the tumultuous
passions which frequently disturb his dwelling, the European
is galled by the obedience which the legislative powers of the
State exact. But when the American retires from the turmoil
of public life to the bosom of his family, he finds in it the image
of order and of peace. There his pleasures are simple and nat-
ural, his joys are innocent and calm ; and as he finds that an
orderly life is the surest path to happiness, he accustoms him-
self without difficulty to moderate his opinions as well as his
tastes. Whilst the European endeavors to forget his domestic
troubles by agitating society, the American derives from his
own home that love of order which he afterwards carries with
him into public aflfairs.

In the United States the influence of religion is not confined
to the manners, but it extends to the intelligence of the people.
Amongst the Anglo-Americans, there are some who profess
the doctrines of Christianity from a sincere belief in them, and
others who do the same because they are afraid to be suspected
of unbelief. Christianity, therefore, reigns without any ob-
stacle, by universal consent ; the consequence is. as I have be-
fore observed, that every principle of the moral world is fixed
and determinate, although the political world is abandoned to
the debates and the experiments of men. Thus the human
mind is never left to wander across a boundless field; and.

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whatever may be its pretensions, it is checked from time to
time by barriers which it cannot surmount. Before it can per-
petrate innovation, certain primal snd immutable principles
are laid down, and the boldest concoptu ns of human device are
subjected to certain forms which retard and stop their com-
pletion.

The imagination of the Americans, even in its greatest flights,
is circumspect and undecided ; its impulses are checked, and its
works unfinished. These habits of restraint recur in political
society, and are singularly favorable both to the tranquillity
of the people and to the durability of the institutions it has
established. Nature and circumstances concurred to make the
inhabitants of the United States bold men, as is sufficiently
attested by the enterprising spirit with which they seek for
fortune. If the mind of the Americans were free from all tram-
mels, they would very shortly become the most daring innova-
tors and the most implacable disputants in the world. But the
revolutionists of America are obliged to profess an ostensible
respect for Christian morality and equity, which does not easily
permit them to violate the laws that oppose their designs ; nor
would they find it easy to surmount the scruples of their parti-
sans, even if they were able to get over their own. Hitherto
no one in the United States has dared to advance the maxim,
that everything is permissible with a view to the interests of so-
ciety; an impious adage which seems to have been invented
in an age of freedom to shelter all the tyrants of future ages.
Thus whilst the law permits the Americans to do what they
please, religion prevents them from conceiving, and forbids
them to commit, what is rash or unjust.

Religion in America takes no direct part in the government
of society, but it must nevertheless be regarded as the foremost
of the political institutions of that country ; for if it does not
impart a taste for freedom, it facilitates the use of free institu-
tions. Indeed, it is in this same point of view that the inhab-
itants of the United States themselves look upon religious be-
lief. I do not know whether all the Americans have a sincere
faith in their religion, for who can search the human heart? but
I am certain that they hold it to be indispensable to the main-
tenance of republican institutions. This opinion is not peculiar
to a class of citizens or to a party, but it belongs to the whole
nation, and to every rank of society.

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DEMOCRACY IN AMERICA

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In the United States, if a political character attacks a sect,
this may not prevent even the partisans of that very sect from
supporting him ; but if he attacks all the sects together, every-
one abandons him, and he remains alone.

Whilst I was in America, a witness, who happened to be
called at the assizes of the county of Chester (State of New
York), declared that he did not believe in the existence of God,
or in the immortality of the soul. The judge refused to admit
his evidence, on the ground that the witness had destroyed be-
forehand al! the confidence of the Court in what he was about
to say.^ The newspapers related the fact without any further
comment.

The Americans combine the notions of Christianity and of
liberty so intimately in their minds, that it is impossible to make
them conceive the one without the other ; and with them this
conviction does not spring from that barren traditionary faith
which seems to vegetate in the soul rather than to live.

I have known of societies formed by the Americans to send
out ministers of the Gospel into the new Western States to
found schools and churches there, lest religion should be suf-
fered to die away in those remote settlements, and the rising
States be less fitted to enjoy free institutions than the people
from which they emanated. I met with wealthy New Eng-
landers who abandoned the country in which they were born in
order to lay the foundations of Christianity and of freedom on
the banks of the Missouri, or in the prairies of Illinois. Thus
religious zeal is perpetually stimulated in the United States by
the duties of patriotism. These men do not act from an ex-
clusive consideration of the promises of a future life ; eternity
is only one motive of their devotion to the cause ; and if you
converse with these missionaries of Christian civilization, you
will be surprised to find how much value they set upon the
goods of this world, and that you meet with a politician where
you expected to find a priest. They will tell you that " all the
American republics are collectively involved with each other ;
if the republics of the West were to fall into anarchy, or to

eThe New York "Spectator" of
August :3. 1831, relates the fact in the
following terms:— "The Court of Com-
mon Pleas of Chester county (New
York) a few days since rejected a wit-
ness who declared his disbelief in the
existence of God. The presiding judge
remarked that he had not before been

aware that there was a man living who
did not believe in the existence of God;
that this belief constituted the sanction
of all testimony in a court of justice,
and that he knew of no cause in a
Christian country where a witness had
been permitted to testify without such
belief.*'

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be mastered by a despot, the republican institutions which now
flourish upon the shores of the Atlantic Ocean would be in
great peril. It is, therefore, our interest that the new States
should be religious, in order to maintain our liberties."

Such are the opinions of the Americans, and if any hold
that the religious spirit which I admire is the very thing most
amiss in America, and that the only element wanting to the
freedom and happiness of the human race is to believe in some
blind cosmogony, or to assert with Cabanis the secretion of
thought by the brain, I can only reply that those who hold
this language have never been in America, and that they have
never seen a religious or a free nation. When they return from
their expedition, we shall hear what they have to say.

There are persons in France who look upon republican in-
stitutions as a temporary means of power, of wealth, and dis-
tinction ; men who are the condottieri of liberty, and who fight
for their own advantage, whatever be the colors they wear:
it is not to these that I address myself. But there are others
who look forward to the republican form of government as a
tranquil and lasting state, towards which modern society is
daily impelled by the ideas and manners of the time, and who
sincerely desire to prepare men to be free. When these men
attack religious opinions, they obey the dictates of their pas-
sions to the prejudice of their interests. Despotism may govern
without faith, but liberty cannot. Religion is much more nec-
essary in the republic which they set forth in glowing colors
than in the monarchy which they attack ; and it is more needed
in democratic republics than in any others. How is it possible
that society should escape destruction if the moral tie be not
strengthened in proportion as the political tie is relaxed ? and
what can be done with a people which is its own master, if it be
not submissive to the Divinity?

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DEMOCRACY IN AMERICA

313

Principal Causes Which Render Religion Powerful in

America

Care taken by the Americans to separate the Church from the State
— The laws, public opinion, and even the exertions of the clergy
concur to promote this end — Influence of religion upon the mind
in the United States attributable to this cause — Reason of this —
What is the natural state of men with regard to religion at the
present time — What are the peculiar and incidental causes which
prevent men, in certain countries, from arriving at this state.

The philosophers of the eighteenth century explained the
gradual decay of religious faith in a very simple manner. Re-
ligious zeal, said they, must necessarily fail, the more generally
liberty is established and knowledge diffused. Unfortunately,
facts are by no means in accordance with their theory. There
are certain populations in Europe whose unbelief is only
equalled by their ignorance and their debasement, whilst in
America one of the freest and most enlightened nations in the
world fulfils all the outward duties of religious fervor.

Upon my arrival in the United States, the religious aspect
of the country was the first thing that struck my attention;
and the longer I stayed there the more did I perceive the great
political consequences resulting from this state of things, to
which I was unaccustomed. In France I had almost always
seen the spirit of religion and the spirit of freedom pursuing
courses diametrically opposed to each other ; but in America
I found that they were intimately united, and that they reigned
in common over the same country. My desire to discover the
causes of this phenomenon increased from day to day. In
order to satisfy it I questioned the members of all the different
sects ; and I more especially sought the society of the clergy,
who are the depositaries of the different persuasions, and who
are more especially interested in their duration. As a member
of the Roman Catholic Church I was more particularly brought
into contact with several of its priests, with whom I became
intimately acquainted. To each of these men I expressed my
astonishment and I explained my doubts; I found that they
differed upon matters of detail alone; and that they mainly
attributed the peaceful < miinion of religion in their country
to the separation of Church and State. I do not hesitate to
affirm that during my stay in America I did not meet with a

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single individual, of the clergy or of the laity, who was not of
the same opinion upon this point.

This led me to examine more attentively than I-had hitherto
done, the station which the American clergy occupy in political
society. I learned with surprise that they filled no public ap-
pointments ; f not one of them is to be met with in the adminis-
tration, and they are not even represented in the legislative
assemblies. In several States g the law excludes them from po-
litical life, public opinion in all. And when I came to inquire
into th'' prevailing spirit of the clergy I found that most of its
members seemed to retire of their own accord from the exercise
of power, and that they made it the pride of their profession to
abstain from politics.

I heard them inveigh against ambition and deceit, under
whatever political opinions these vices might chance to lurk ;
but I learned from their discourses that men are not guilty in
the eye of God for any opinions concerning political govern-
ment which they may profess with sincerity, any more than
they are for their mistakes in building a house or in driving a
furrow. I perceived that these ministers of the gospel
eschewed all parties with the anxiety attendant upon personal
interest. These facts convinced me that what I had been told
was true; and it then became my object to investigate their
causes, and to inquire how it happened that the real authority
of religion was increased by a state of things which diminished
its apparent force: these causes did not long escape my re-
searches.

The short space of threescore years can never content the
imagination of man ; nor can the imperfect joys of this world
satisfy his heart. Man alone, of all created beings, displays a
natural contempt of existence, and yet a boundless desire to
exist; he scorns life, but he dreads annihilation. These dif-
ferent feelings incessantly urge his soul to the contemplation
of a future state, and religion directs his musings thither. Re-

/ Unless this term be applied to the
functions which many of them fill in the
schools. Almost all education is en-
trusted to the clergy.

g See the Constitution of New York,
art. 7. 5 4:—

" And whereas the mmisters of the
gospel are, by their profession, dedicated
to the service of God and the care of
souls, and ought not to be diverted from
the great duties of their functions:
therefore no minirier of the gospel, or

priest of any denomination whatsoever,
shall at any time hereafter, under any
pretence or description whatever, be
eligible to, or capable of holding, .iny
civil or military office or place within
this State."

See also the constitutions of North
Tarolina, art. 31; Virg-'nia; South Caro-
lina, art. I, § 23; Kentucky, art. 2, S 26;
Tennessee, art. 8, § i; Louisiana, art. 2,

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315

ligion, then, is simply another form of hope ; and it is no less
natural to the human heart than hope itself. Men cannot
abandon their religious faith without a kind of aberration of
intellect, and a sort of violent distortion of their true natures ;
but they are invincibly brought back to more pious sentiments ;
for unbelief is an accident, and faith is the only permanent state
of mankind. If we only consider religious institutions in a
purely human point of view, they may ue said to derive an
inexhaustible element of strength from man himself, since they
belong to one of the constituent principles of human nature,

I am aware that at certain times religion may strengthen
this influence, which originates in itself, by the artificial power
of the laws, and by the support of those temporal institutions
which direct society. Religions, intimately united to the gov-
ernments of the earth, have been known to exercise a sovereign
authority derived from the twofold source of terror and of
faith ; but when a religion contracts an alliance of this nature,
I do not hesitate to affirm that it commits the same error as a
man who should sacrifice his future to his present welfare ; and
in obtaining a power to which it has no claim, it risks that
authority which is rightfully its own. When a religion founds
its empire upon the desire of immortality which lives in every
human heart, it may aspire to universal dominion ; but when it
connects itself with a government, it must necessarily adopt
maxims which are only applicable to certain nations. Thus,
in forming an alliance with a political power, religion augments
its authority over a few, and forfeits the hope of reigning over
all.

As long as a religion rests upon those sentiments which
are the consolation of all afifliction, it may attract the affections
of mankind. But if it be mixed up with the bitter passions of
the world, it may be constrained to defend allies whom its in-
terests, and not the principle of love, have given to it ; or to
repel as antagonists men who are still attached to its own
spirit, however opposed they may be to the powers to which it
is allied. The Church cannot share the temporal power of the
State without being the object of a portion of that animosity
which the latter excites.

The political powers which seem to be most firmly estab-
lished have frequently no better guarantee for their duration
than the opinions of a generation, the interests of the time,

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or the life of an individual. A law may modify the social
condition which seems to be most fixed and determinate ; and
with the social condition everything else must change. The
powers of society arc more or less fugitive, like the years
which we spend upon the earth ; they succeed each other with
rapidity, like the fleeting cares of life ; and no government has
ever yet been founded upon an invariable disposition of the
human heart, or upon an imperishable interest.

As long as a religion is sustained by those feelings, pro-
pensities, and passions which are found to occur under the
same forms, at all the different periods of history, it may defy
the efforts of time; or at least it can only be destroyed by
another religion. But when religion clings to the interests of
the world, it becomes almost as fragile a thing as the powers
of earth. It is the only one of them all which can hope for
immortality ; but if it be connected with their ephemeral au-
thority, it shares their fortunes, and may fall with those tran-
sient passions which supported them for a day. The alliance
which religion contracts with political powers must needs be
onerous to itself; since it does not require their assistance to
live, and by giving them its assistance it may be exposed to
decay.

The danger which I have just pointed out always exists,
but it is not always equally visible. In some ages governments
seem to be imperishable ; in others, the existence of society ap-
pears to be more precarious than the life of man. Some constitu-
tions plunge the citizens into a lethargic somnolence, and others
rouse them to feverish excitement. When governments appear
to be so strc . and laws so stable, men do not perceive the
dangers which may accrue from a union of Church and State.
When governments display so much weakness, and laws so
much inconstancy, the danger is self-evident, but it is no
longer possible to ? roid it ; to be effectual, measures must be
taken to discover its approach.

In proportion as a nation assumes a democratic condition
of society, and as communities display democratic propensi-
ties, it becomes more and more dangerous to connect religion
with political institutions; for the time is coming when au-
thority will be bandied from hand to hand, when political
theories will succeed each other, and when men, laws, and
constitutions will disappear, or be modified from day to day,

DEMOCRACY IN AMERICA

317

and this, not for a season only, but unceasingly. Agitation
and mutability are inherent in the nature of democratic re-
publics, just as stagnation and inertness are the law of absolute
monar liies.

If the Americans, who change the head of the Government
once in four years, who elect new legislators every two years,
and renew the provincial officers every twelvemonth ; if the
Americans, who have abandoned the political world to the
attempts of innovators, had not placed religion beyond their
rep.ch, where could it abide in the ebb and flow of human
opinions ? where would that respect which belongs to it be paid,
amidst the struggles of faction ? and what would become of its
immortality, in the midst of perpetual decay ? The American
clergy were the first to perceive this truth, and to act in con-
formity with it. They saw that they must renounce their re-
ligious influence, if they were to strive for political power ; and
they chose to give up the support of the State, rather than to
share its vicissitudes.

In America, religion is perhaps less powerful than it has
been at certain periods in the history of certain peoples ; but
its influence is more lasting. It restricts itself to its own re-
sources, but of those none can deprive it : its circle is limited
to certain principles, but those principles are entirely its own,
and under its undisputed control.

On every side in Europe we hear voices complaining of
the absence of religious faith, and inquiring the means of re-
storing to religion some remnant of its pristine authority. It
seems to me that we must first attentively consider what ought
to be the natural state of men with regard to religion at the
present time ; and when we know what we have to hope and
to fear, we may discern the end to which our efforts ought to
be directed.

The two great dangers which threaten the existence of re-
ligions are schism and indifference. In ages of fervent devo-
tion, men sometimes abandon their religion, but they only
shake it off in order to adopt another. Their faith changes
the objects to which it is directed, but it suffers no decline. The
old religion then excites enthusiastic attachment or bitter
enmity in either party ; some leave it with anger, others cling
to it with increased devotedness, and although persuasions dif-
fer, irreligion is unknown. Such, however, is not the case

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when a religious belief is secretly undermined by doctrines
which may be termed negative, since they deny the truth of
one religion without affinuing that of any other. Progidious
revolutions then take place in the human mind, without the
apparent co-operation of the passions of man, and almost with-
out his knowledge. Men lose the objects of their fondest hopes,
as if through forgetfulness. They are carried away by an im-
perceptible current which they have not the courage to stem,
but which they follow with regret, since it bears them from a
faith they love, to a scepticism that plunges them into despair.

In ages which answer to this description, men desert their
religious opinions from lukewarmness rather than from dis-
like; they do not reject them, but the sentiments by which
they were once fostered disappear. But if the unbeliever does
not admit religion to be true, he still considers it useful. Re-
garding religious institutions in a human point of view, he
acknowledges their intluence upon manners and legislation.
He admits that they may serve to make men live in peace with
one another, and to prepare them gently for the hour of death.
He regrets the faith which he has lost ; and as he is deprived of
a treasure which he has learned to estimate at its full value,
he scruples to take it from those who still possess it.

On the other hand, those who continue to believe are not
afraid openly to avow their faith. They look upon those who
do not share their persuasion as more worthy of pity than of
opposition ; and they are aware that to acquire the esteem of
the unbelieving, they are not obliged to follow their example.
They are hostile to no one in the world ; and as they do not
consider the society in which they live as an arena in which
religion is bound to face its thousand deadly foes, they love their
contemporaries, whilst they condemn 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 religion: love, support, and honor
are bestowed upon it, and it is only 1)y searching the human
soul that we can detect the wounds which it has received. The
mass of mankind, who are never without the feeling of religion,
do not perceive anything at variance with the established faith.
The instinctive desire of a future life brings the crowd about
the altar, and opens the hearts of men to the precepts and con-
solations of religion.

DEMOCRACY IN AMERICA

319

But this picture is not applicable to us: for there are men
amonRst us who have ceased to believe in Christianity, without
adopting any other religion ; others who are in the perplexities
of doubt, and who already aifect not to believe ; and others,
again, who are afraid to avow that Christian faith which they
still cherish in secret.

Amidst these lukewarm partisans and ardent antagonists a
small number of believers exist, who are ready to brave all
obstacles and to scorn all dangers in defence of their faith.
They have done violence to human weakness, in order to rise
superior to pubHc opinion. Excited by the effort they have
made, they scarcely knew where to stop ; and as they know that
the first use which the French made of independence was to
attack religion, they look upon their contemporaries with
dread, and they recoil in alarm from the liberty which their
fellow-citizens are seeking to obtain. As unbelief appears to
them to be a novelty, they comprise all that is new in one
indiscriminate animosity. They are at war with their age and
country, and they look upon every opinion which is put forth
there as the necessary enemy of the faith.

Such is not the natural state of men with regard to religion
at the present day ; and some extraordinary or incidental cause
must be at work in France to prevent the human mind from
following its original propensities and to drive it beyond the
limits at which it ought naturally to stop. I am intimately
convinced that this extraordinary and incidental cause is the
close connection of politics and religion. The unbelievers of
Europe attack the Christians as their political opponents, rather
than as their religious adversaries; they hate the Christian
religion as the opinion of a party, much more than as an error
of beHef ; and they reject the clergy less because they are the
representatives of the Divinity 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, buried under their ruins. The living body of
religion has been bound down to the dead corpse of super-
annuated polity : cut but the bonds which restrain it, and that
which is alive will rise once more. I know not what could re-
store the Christian Church of Europe to the energy of its
earlier days; that power belongs to God alone; but it may

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be the effect of human policy to leave the faith in the full
:x<'rci.sc of the strength which it still retains.

How THE Instruction, the Habits, and the Practical
Experience of the Americans Promote the Success
OF Their Democratic Institutions

What is to be understood by the instruction of the American people—
The human mind more superficially instructed in the United States
than in Europe — No one completely uninstructcd — Reason of this—
Rapidity with which opinions are diffused even in the uncultivatid
States of the West — Practical experience more serviceable to the
Americans than book-learning.

I have but little to add to what I have already said con-
cerning the influence which the instruction and the habits of the
Ame 'cans exercise upon the maintenance of their political in-
stitutions.

America has hitherto produced very few writers of distinc-
tion ; it possesses no great historians, and not a single eminent
poet. The inhabitants of that country look upon what are
properly styled literary pursuits with a kind of disapprobation ;
and there are towns of very second-rate importance in Europe
in which more literary works are annually published than in
the twenty-four States of the Union put together. The spirit of
the Americans is averse to general ideas ; and it does not seek
theoretical discoveries. Neither politics nor manufactures di-
rect them to these occupations ; and although new laws are
perpetually enacted in the United States, no great writers have
hitherto inquired into the general principles of their legislation.
The Americans have lawyers and commentators, but no jur-
ists ;/» and they furnish examples rather than lessons to the
world. The same observation applies to the mechanical arts.
In America, the inventions of Europe are adopted with sagac-
ity ; they are perfected, and adapted with admirable skill to the
wants of the country. Manufactures exist, but the science of
manufacture is not cultivated ; and they have good workmen,
but very few inventors. Fulton was obliged to proffer his ser-
vices to foreign nations for a lon^ time before he was able to
devote them to his own country.

The observer who is desirous of forming an opinion on the

h [This cannot be said with truth of the country of Kent, Story, and VVhea-
ton.]

DEMOCRACY IN AMERICA

3»i

state of instruction amongst the Anglo-Americans must con-
sider the same object from two dififcrcnt points of view. If he
only singles out the learned, he will be astonished to find how
rare they are; but if he counts the ignorant, the American
people will appear to be the most enlightened community in
the world. The whole population, as I observed in another
place, is situated belween those two extremes. In New Eng-
land, every citizen receives the elementary notions of human
knowledge ; he is moreover taught the doctrines and the evi-
dences of his religion, the history of his country, and the leading
features of its Constitution. In the States of Connecticut and
Massachusetts, it is extremely rare to find a man imperfectly
acquainted with all these things, and a person wholly ignorant
of them is a sort of phenomenon.

When I compare the Greek and Roman republics with these
American States ; the manuscript libraries of the former, and
their rude population, with the innumerable journals and the
enlightened people of the latter ; when I remember all the at-
tempts which are made to judge the modern republics by the
assistance of those of antiquity, and to infer what will happen
in our time from what took place two thousand years ago, I
am tempted to burn my books, in order to apply none but novel
ideas to so novel a condition of society.

What I have said of New England must not, however, be ap-
plied indistinctly to the whole Union ; as we advance towards
the West or the South, the instruction of the people diminishes.
In the States which are adjacent to the Gulf of Mexico, a cer-
tain number of individuals 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 ig-
norance ; and for a very simple reason : the peoples of Europe
started from the darkness of a barbarous condition, to advance
toward the light of civilization ; their progress has been un-
equal ; some of them have improved apace, whilst others have
loitered in their course, and some have stopped, and are still
sleeping upon the way.*'

Such has not been the case in the United States. The Anglo-

»' [In the Northern States the num-
ber of persons destitute of instruction is
inconsiderable, the largest number be-
ing 341,152 in the State of New York
(according to Spaulding's " Handbook

Vol. I.— 21

of American Statistics " for 1874) ; but
in the South no less than 1,516,339
whites and 2,671,396 colored persons are
returned as "illiterate."]

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Americans settled in a state of civilization, upon that territory
which their descendants occupy ; they had not to begin to learn,
and it was sufficient for them not to forget. Now the children
of these same Americans are the persons who, year by year,
transport their dwellings into the wilds ; and with their dwell-
ings their acquired information and their esteem for knowledge.
Education has taught them the utility of instruction, and has
enabled them to transmit that instruction to their posterity. In
the United States society has no infancy, but it is born in man's
estate.

The Americans never use the word " peasant," because they
have no idea of the peculiar class which that term denotes ; the
ignorance of more remote ages, the simplicity of rural life, and
the rusticity of the villager have not been preserved amongst
them ; and they are alike unacquainted with the virtues, the
vices, the coarse habits, and the simple graces of an early stage
of civilization. At the extreme borders of the Confederate
States, upon the confines of society and of the wilderness, a
population of bold adventurers have taken up their abode, who
pierce the solitudes of the American woods, and seek a coun-
try there, in order to escape that poverty which awaited them
in their native provinces. As soon as the pioneer arrives upon
the spot which is to serve him for a retreat, he fells a few trees
and builds a loghouse. Nothing can ofTer a more miserable
aspect than these isolated dwellings. The traveller who ap-
proaches one of them towards nightfall, sees the flicker of the
hearth-flame through the chinks in the walls ; and at night, if
the wind rises, he hears the roof of boughs shake to and fro in
the midst of the great forest trees. Who would not suppose
that this poor hut is the asylum of rudeness and ignorance?
Yet no sort of comparison can be drawn between the pioneer
and the dwelling which shelters him. Everything about him
is primitive and unformed, but he is himself the result of the
labor and the experience of eighteen centuries. He wears the
dress, and he speaks the language of cities ; he is acquainted
with the past, curious of the future, and ready for argument
upon the present ; he is, in short, a highly civilized being, who
consents, for a time, to inhabit the backwoods, and who pene-
trates into the wilds of the New World with the Bible, an axe,
and a file of newspapers.

It is difficult to imagine the incredible rapidity with which

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323

public opinion circulates in the midst of these deserts.;" I do
not think that so much intellectual intercourse takes place in the
most enlightened and populous districts of France.^ It cannot
be doubted that, in the United States, the instruction of the peo-
ple powerfully contributes to the support of a democratic re-
public ; and such must always be the case, I believe, where in-
struction which awakens the understanding is not separated
from moral education which amends the heart. But I by no
means exaggerate this benefit, and I am still further from think-
ing, as so many people do think in Europe, that men can be
instantaneously made citizens by teaching them to read and
write. True information is mainly derived from experience;
and if the Americans had not been gradually accustomed to
govern themselves, their book-learning would not assist them
much at the present day.

I have lived a great deal with the people in the United States,
and I cannot express how much I admire their experience and
their good sense. An American should never be allowed to
speak of Europe ; for he will then probably display a vast deal of
presumption and very foolish pride. He will take up with those
crude and vague notions which are so useful to the ignorant all
over the world. But if you question him respecting his own
country, the cloud which dimmed his intelligence will immedi-
ately disperse ; his language will become as clear and as pre-
cise as his thoughts. He will inform you what his rights are,
and by what means he exercises them ; he will be able to point
out the customs which obtain in the political world. You will

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;■ I travelled along a portion of the
frontier of the United States in a sort
of cart which was termed the mail. We
passed, day and night, with great rapid-
ity along the roads which were scarcely
marked out, through immense forests;
when the gloom of the woods hecame
impenetrable the coachman lighted
branches of fir, and we journeyed along
by the light they cast. From time to
time we came to a hut in the midst of
the forest, which was a post-office. The
mail dropped an cmirmous bundle of
letters at the door of this isolated dwell-
ing, and we pursued our way at full gal-
lop, leaving the inhabitants of the
neij'iboring log houses to send for their
share of the treasure.

[When the author visited America
the locomotive and the railroad were
scarcely invented, and not yet intro-
duced in the United States. It is super-
fluous to point out the immense effect
of those inventions in extending civili-
zation and developing the resources of

that vast continent. In 1831 there were
51 miles of railway in the United States;
m i!<72 there were 60,000 miles of rail-
way.]

k In 1832 each inhabitant of Michigan
paid a sum equivalent to i fr. ;2 cent.
(French money) to the post-officp rev-
enue, and each inhabitant of the Flori-
das paid i fr. 5 cent. (See " Natioria!
Calendar," 1833, )>. 244.) In the same
year each inhabitant of the Dcpartement
du Nord paid i fr. 4 cent, to the rev-
enue of the French post-office. (See
the " Comptc rendu dc I'administratinn
dcs Finances," 1833, p. 623.) Now the
State of Michigan only contained at
that time 7 inhabitants per square leaeue
and Florida only 5 : the public instruc-
tion and the commercial activity of these
districts is inferior to thic of most o'
the States in the Union, whilst the Dc-
partement du Nord, which contains
3,400 inhabitants per square league, is
one of the most enlightened and manu-
facturing parts of France.

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find that he is well acquainted with the rules of the administra-
tion, and that he is familiar with the mechanism of the laws.
The citizen of the United States does not acquire his practical
science and his positive notions from books; the instruction
he has acquired may have prepared him for receiving those
ideas, but it did not furnish them. The American learns to
know the laws by participating in the act of legislation ; and
he takes a lesson in the forms of government from governing.
The great work of society is ev-r going on beneath his eyes,
and, as it were, under his hands.

In the United States politics are the end and aim of education ;
in Europe its principal object is to fit men for private life. The
interference of the citizens in public afifairs is too rare an occur-
rence for it to be anticipated beforehand. Upon casting a
glance over society in the two hemispheres, these differences
are indicated even by its external aspect.

In Europe we frequently introduce the ideas and the habits
of private life into public afifairs ; and as we pass at once from
the domestic circle to the government of the State, we may
frequently be heard to discuss the great interests of society in
the same manner in which we converse with our friends. The
Americans, on the other hand, transfuse the habits of pablic
life into their manners in private ; and in theii country the jury
is introduced into the games of schoolboys, and parliamentary
forms are observed in the order of a feast.

The Laws Contribute More to the Maintenance of the
Democratic Republic in the United States Than the
Physical Circumstances of the Country, and the
Manners More Than the Laws

All the nations of America have a democratic state of society — Yet der-
ocratic institutions only subsist amongst the Anglo-Americans — flie
Spaniards of South America, equally favored by physical c.iuses
as the Anglo-Americans, unable to maintain a democratic icfiiblii:
— Mexico, which has adopted the Constitution of the United States,
in the same predicament — The Anglo-Americans of the West less
able to maintain it than those of the East — Reason of these different
results.

I have remarked that the maintenance of democratic insti-
tutions in the United States is attributable to the circumstances.

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DEMOCRACY IN AMERICA

325

the laws, and the manners of that country./ Most Europeans
are only acquainted with the first of these three causes, and they
are apt to give it a preponderating importance which it does not
really possess.

It is true that the Anglo-Saxons settled in the New World in
a state of social equality ; the low-born and the noble were not
to be found amongst them ; and professional prejudices were
always as entirely unknown as the prejudices of birth. Thus,
as the condition of society was democratic, the empire of de-
mocracy was established without difficulty. But this circum-
stance is by no means peculiar to the United States ; almost all
the trans- Atlantic colonies were founded by men equal amongst
themselves, or who became so by inhabiting them. In no one
part of the New World have Europeans been able to create ^n
aristocracy. Nevertheless, democratic institutions prosper no-
where but in the United States.

The American Union has no enemies to contend with ; it
stands in the wilds like an island in the ocean. But the Span-
iards of South America were no less isolated by nature ; yet
their position has not relieved them from the charge of stand-
ing armies. They make war upon each other when they have
no foreign enemies to oppose; and the Anglo-American de-
mocracy is the only one which has hitherto been able to main-
tain itself in peace.wt

The territory of the Union presents a boundless field to hu-
man activity, and inexhaustible materials for industry and labor.
The passion of wealth takes the place of ambition, and the
warmth of faction is mitigated by a sense of prosperity. But
in what portion of the globe shall we meet with more fertile
plains, with mightier rivers, or with more unexplored and in-
exhaustible riches than in South America?

Nevertheless, South America has been unable to maintain
democratic institutions. If the welfare of nations depended on
their being placed in a remote position, with an unbounded
space of habitable territory before them, the Spaniards of South
America would have no reason to complain of their fate. And
although they might enjoy less prosperity than the inhabitants
of the United States, their lot might still be such as to excite

/ 1 remind the reader of the general
siRnification which I Rive to the word
" manners," namely, the moral and in-
tellectual characteristics of social man
taken collectively.

Ml [A remark which, since the great
Civil War of 1861-65, ceases to be ap-
plicable.]

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the envy of some nations in Europe. There are, however, no
nations upon the face of the earth more miserable than those of
South America.

Thus, not only are physical causes inadequate to produce re-
sults analogous to those which occur in North America, but
they are unable to raise the population of South America above
the level of European States, where they act in a contrary direc-
tion. Physical causes do not, therefore, afifect the destiny of
nations so much as has been supposed.

I have met with men in New England who were on the point
of leaving a country, where they might have remained in easy
circumstances, to go to seek their fortune in the wilds. Not
far from that district I found a French population in Canada,
which was closely crowded on a narrow territory, although the
same wilds were at hand ; and whilst the emigrant from the
United States purchased an extensive estate with the earnings
of a short term of labor, the Canadian paid as much for land as
he would have done in France. Nature ofifers the solitudes of
the New World to Europeans ; but they are not always ac-
quainted with the means of turning her gifts to account. Other
peoples of America have the same physical conditions of pros-
perity as the Anglo-Americans, but without their lawi= and
their manners; and these peoples are wretched. The laws
and manners of the Anglo-Americans are therefore that effi-
cient cause of their greatness which is the object of my inquiry.

I am far from supposing that the American laws are pre-
eminently good in themselves ; I do not hold them to be ap-
plicable to all democratic peoples ; and several of them seem
to be dangerous, even in the United States. Nevertheless,
it cannot be denied that the American legislation, taken
collectively, is extremely well adapted to the genius of the
people and the nature of the country which it is intended to
govern. The American laws are therefore good, and to them
must be attributed a large portion of the success which attends
the government of democracy in America: but I do not be-
lieve them to be the principal cause of that success ; and if
they seem to me to have more influence upon the social happi-
ness of the Americans than the nature of the country, on the
other hand there is reason to believe that their effect is still
inferior to that produced by the manners of the people.

The Federal laws undoubtedly constitute the most important

DEMOCRACY IN AMERICA

3*7

part of the legislation of the United States. Mexico, which is
not less fortunately situated than the Anglo-American Union,
has adopted the same laws, hut is unable to accustom itself to
the government of democracy. Some other cause is therefore
at work, independently of those physical circumstances and
peculiar laws which enable the democracy to rule in the United
Slates.

Another still more striking proof may be adduced. Almost
all the inhabitants of the territory of the Union are the de-
scendants of a common stock ; they speak the same language,
they worship God in the same manner, they are affected by the
same physical causes, and they obey the same laws. Whence,
then, do their characteristic differences arise? Why, in the
Eastern States of the Union, does the republican government
display vigor and regularity, and proceed with mature delibera-
tion? Whence does it derive the wisdom and the durability
which mark its acts, whilst in the Western States, on the con-
trary, society seems to be ruled by the powers of chance?
There, public business is conducted with an irregularity and a
passionate and feverish excitement, which does not announce
a long or sure duration.

I am no longer comparing the A '"^glo- American States to
foreign nations; but I am contrasting them with each other,
and endeavoring to discover why they are so unlike. The
arguments which are derived from the nature of the country
and the difference of legislation are here all set aside. Re-
course must be had to some other cause ; and what other cause
can there be except the manners of the people?

It is in the Eastern States that the Anglo-Americans have
been longest accustomed to the government of democracy,
and tliat they have adopted the habits and conceived the notions
most favorable to its maintenance. Democracy has gradually
penetrated into their customs, their opinions, and the forms
of social intercourse ; it is to be found in all the details of daily
life equally as in the laws. In the Eastern States the instruc-
tion and practical education of the people have been most per-
fected, and religion has been most thoroughly amalgamated
with liberty. Now these habits, opinions, customs, and con-
victions are precisely the constituent elements of that which I
have denominated manners.

In the Western States, on the contrary, a portion of the same

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advantages is still wanting. Many of the Americans of the
West were born in the woods, and they mix the ideas and the
customs of savage life with the civilization of their parents.
Their passions are more intense; their religious morality less
authoritative; and their convictions loss secure. The inhabi-
tants exercise no sort of control over their fellow-citizens, for
they are scarcely acquainted with each other. The nations of
the West display, to a certain extent, the inexperience and the
rude habits of a people in its infancy; for although they are
composed of old elements, their assemblage is of recent date.

The manners of the Americans of the United States are,
then, the real cause which renders that people the only one of
the American nations that is able to support a democratic gov-
ernment; and it is the influence of manners which produces
the different degrees of order and of prosperity that may be
distinguished in the several Anglo-American democracies.
Thus the effect which the geographical position of a country
may have upon the duration of democratic institutions is ex-
aggerated in Europe. Too much importance is attributed to
legislation, too little to manners. These three great causes
serve, no doubt, to regulate and direct the American democ-
racy; but if they were to be classed in their proper order, I
should say that the physical circumstances are less efficient
than the laws, and the laws very subordinate to the manners of
the people. I am convinced that the most advantageous situa-
tion and the best possible laws cannot maintain a constitution
in spite of the manners of a country; whilst the latter may
turn the most unfavorable positions and the worst laws to some
advantage. The importance of manners is a common truth
to which study and experience incessantly direct our attention.
It may be regarded as a central point in the range of human ob-
servation, and the common termination of all inquiry. So
seriously do I insist upon this head, that if T have hitherto
failed in making the reader feel the important influence which
I attribute to the practical experience, the habits, the opinions,
in short, to the manners of the Americans, upon the main-
tenance of their institutions, I have failed in the principal ob-
ject of my work.

\-C

DEMOCRACY IN AMERICA

3*9

Whether Laws and Manners Are Sufficient to Main-
tain Democratic Institutions in Other Countries
Besides America

The Anglo-Americans, if transported into Europe, would be obliged to
modify their laws — Distinction to be made between democratic in-
stitutions and American institutions — Democratic laws may be con-
ceived better than, or at least different from, those which the
American democracy has adopted — The example of America only
proves that it is possible to regulate democracy by the assistance
of manners and legislation.

I have iisserted that the success of democratic institutions
in the United States is more intimately connected with the laws
themselves, and the manners of the people, than with the nature
of the country. But docs it follow that the same causes would
of themselves produce the same results, if they were put into
operation elsewhere; and if the country is no adequate sub-
stitute for laws and manners, can laws and manners in their
turn prove a substitute for the country? It will readily be
understood that the necessary elements of a reply to this (jncs-
tion are wanting: other peoples are to be found in the New
World besides the Anglo-Americans, and as these people are
affected by the same physical circumstances as the latter, they
may fairly be compared together. But there are no nations
out of America which have adopted the same laws and man-
ners, being destitute of the physical advantages peculiar to the
Anglo-Americans. No standard of comparison therefore ex-
ists, 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 populous cities, its
formidable armies, and the complex nature of its politics, I can-
not suppose that even the Anglo-Americans, if they were trans-
ported to our hemisphere, with their ideas, their religion, and
their manners, could exist without considerably altering their
laws. But a democratic nation may be imagined, organized
diflferently from the American people. It is not impossible to
conceive a government really established upon the will of the
majority; but in which the majority, repressing its natural
propensity to equality, should consent, with a view to the order
and the stability of the State, to invest a family or an indi-

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vidnal with all the prerogatives of the executive. A democratic
society might exist, in which the forces of tlie nation would be
more centralized than they are in the United States; the peo-
ple would exercise a less direct and less irresistible influence
upon public affairs, and yet every citizen invested with certain
rights would participate, within his sphere, in the conduct of
the government. The observations I made amongst the Anglo-
Americans induce me to believe that democratic institutions of
this kind, prudently introduced into society, so as gradually
to mix with the habits and to be interfused with the opinions of
the people, might subsist in other countries besides America.
If the laws of the United States were the only imaginable
democratic laws, or the most perfect which it is possible to con-
ceive, I should admit that the success of those institutions af-
fords no proof of the success of democratic institutions in
general, in a country less favored by natural circumstances.
But as the laws of America appear to me to be defective in
several respects, and as I can readily imagine others of the
same general nature, the peculiar advantages of that country do
not prove that democratic institutions cannot succeed in a na-
tion less favored by circumstances, if ruled by better laws.

If human nature were different in America from what it is
elsewhere; or if the social condition of the Americans engen-
dered habits and opinions amongst them different from those
which originate in the same social condition in the Old World,
the American democracies would afford no means of predict-
ing what may occur in other democracies. If the Americans
displayed the same propensities as all other democratic na-
tions, and if their legislators had relied upon the nature of the
country and the favor of circumstances to restrain those pro-
pensities within due limits, the prosperity of the United States
would be exclusively attributable to physical causes, and it
would afford no encouragement to a people inclined to imitate
their example, without sharing their natural advantages. But
neither of these suppositions is borne out by facts.

In America the same passions are to be met with as in
Europe ; some originating in human nature, others in the
democratic condition of society. Thus in the United States I
found that restlessness of heart which is natural to men, when
all ranks are nearly equal and the chances of elevation are the
same to all. I found the democratic feeling of envy expressed

DEMOCRACY IN AMERICA

33<

under a thousand different foims. I remarked that the people
frequently displayed, in the conduct of affairs, a consummate
mixture of ignorance and presumption; and I inferred that in
America, men are liable to the same failings and the same ab-
surdities as amongst ourselves. But upon examining the state
of society more attentively, I speedily discovered that the
Americans had made great and successful efforts to counteract
these imperfections of human nature, and to correct the natural
defects of democracy. Their divers municipal laws appeared
to me to be a means of restraining the ambition of the citizens
vi'ithin a narrow sphere, and of turning those same passions
which might have worked havoc in the State, to the good of
the township or the parish. The American legislators have
succeeded to a certain extent in opposing the notion of rights
to the feelings of envy ; the permanence of the religious world
to the continual shifting of politics ; the experience of the peo-
ple to its theoretical ignorance ; 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 political laws. To evils which are
common to all democratic peoples they have applied remedies
which none but themselves had ever thought of before ; and al-
though they were the first to make the experiment, they have
succeeded in it.

The manners and laws of the Americans are not the only
ones which may suit a democratic people ; but the Americans
have shown that it would be wrong to despair of regulating
democracy by the aid of manners and of laws. If other na-
tions should borrow this general and pregnant idea from the
Americans, without however intending to imitate them in the
peculiar application which they have made of it ; if they should
attempt to fit themselves for that social condition, which it
seems to be the will of Providence to impose upon the genera-
tions of this age, and so to escape from the despotism or the
anarchy which threatens them ; what reason is there to suppose
that their efforts would not be crowned with success? The
organization and the establishment of democracy in Christen-
dom is the great political problem of the time. The Americans,
unquestionably, have not resolved this problem, but they fur-
nish useful data to those who undertake the task.

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Imtortance of What J 'recedes with Respect to the

State ok Europe

It may readily be rliscovercd with what intention I under-
took the foregoing inquiries. The question here discussed is
interesting not only to the L .lited States, but to the whole
world; k cuikltps, not a nation, but all mankind. If those
nations whose social condition is democratic could only remain
free as long as thoy are inhabitants of the wilds, we could not
but despair of llu future destiny of the human race; for de-
mocracy is rapidly acquiring a more extended sway, and the
wilds are gradually peopled with men. If it were true that
laws and manners are insufficient to maintain democratic in-
stitutions, what refuge would remain open to the nations, ex-
cept the despotism of a single individual? I am aware tli
there are many worthy persons at the present time who
not alarmed at this lattc- alternative, and who are so tired of
liberty as to be glad of repose, far from those storms by which
it is attended. But these individuals arc ill acquainted with the
haven towards which they are bound. They are so deluded
by their recollections, as to judge the tendency of absolute
power by what it was formerly, and not by what it might be-
come at the present time.

If absolute power were re-established amongst the demo-
cratic nations of Europe, I am persuaded that it would assume
a new form, and appear under features unknown to our fore-
fathers. There was a time in Europe when the laws and the
consent of the people had invested princes with almost unlim-
ited authority ; but they scarcely ever availed themselves of it.
I do not speak of the prerogatives of the nobility, of the au-
thority of supreme courts of justice, of corporations and their
chartered rights, or of provincial privileges, which served to
break the blows of the sovereign authority, and to maintain a
spirit of resistance in the nation. Independently of these po-
litical institutions — which, however opposed they might be to
personal liberty, served to keep alive the love of freedom in
the mind of the public, and which may be esteemed to have
been useful in this respect — the manners and opinions of the
nation confined the royal authority within barriers which were
not less powerful, although they were less conspicuous. Re-
ligion, the aflfections of the people, the benevolence of the

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DEMOCRACY IN AMERICA

333

THE

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prince, the sense of honor, family pride, provincial prejudices,
custotn, and public opinion limited the power of kinf" and re-
straine('. their authority within an invisible circle. ', <u consti-
tution of nations was despotic at that time, bf' ''icir rr..inners
were free. Princes had the right, but they 1 .d neither the
means nor the desire, of doing wliatever they pleased.

But what now remains of those barriers which formerly ar-
rested the aggressions of tyranny? Since religion has lost its
empire over the souls of men, the most prominent boundary
which divided good from evil is overthrown ; the very elements
of the moral world are indeterminate ; the princes and the peo-
ples of the earth are n^i'ied by chance, and none can define the
natural limits of despMiisni and the bounds of license. Long
revolutions have forever destroyed the respect which sur-
rounded the rulers of tht* State ; and since they have been re-
lieved from the burden of public esteem, princes may hence-
forward surrender themselves without fear to the seductions of
arbitrary power.

When kings find that the hearts of their subjects arc turned
towards them, they are clement, because they are conscious of
their strength, and they are chary of the affection of their
people, because the affection of their people is the bulwark of
the throne. A mutual interchange of good-will then takes
place between the prince and the people, which resembles the
gracious intercourse of domestic society. The subjects may
murmur at the sovereign's decree, but they are grieved to dis-
please him; and the sovereign chastises his jubjec*:, with the
light hand of parental affection.

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 and t)ie 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, he is detested. He himself is full of animosity
and alarm ; he finds that he is as a stranger in his own country,
and he treats his subjects like conqtiered enemies.

When the provinces and the towns formed so many different
nations in the midst of their common country, each of them had
a will of its own, which was opposed to the general spirit of
subjection ; but now that all the parts of the same empire, after

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having lost their immunities, their customs, their prejudices,
their traditions, and their names, are subjected and accustomed
to the same laws, it is not more difficult to oppress them col-
lectively 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 ex-
traordinary degree of force upon their personal opposition.
They afford instances of men who, notwithstanding their
weakness, still entertained a high opinion of their personal
value, and dared to cope single-handed with the efforts of the
public authority. But at the present day, when all ranks are
more and more confounded, when the individual disappears in
the throng, and is easily lost in the midst of a common ob-
scurity, when the honor of monarchy has almost lost its em-
pire without being succeeded by public virtue, and when noth-
ing can enable man to rise above himself, who shall say at what
point the exigencies of power and the servility of weakness will
stop?

As long as family feeling was kept alive, the antagonist of
oppression was never alone; he looked about him, and found
his clients, his hereditary friends, and his kinsfolk. If this
support was wanting, he was sustained by his ancestors and
animated by his posterity. But when patrimonial estates are
divided, and when a few years suffice to confound the dis-
tinctions of a race, where can family feeling be found ? What
force can there be in the customs of a country which has
changed and is still perpetually changing, its aspect ; in which
every act of tyranny has a precedent, and every crime an ex-
ample ; in which there is nothing so old that its antiquity can
save it from destruction, and nothing so unparalleled that its
novelty can prevent it from being done? What resistance can
be offered by manners of so pliant a make that they have al-
ready often yielded? What strength can even public opinion
have retained, when no twenty persons are connected by a com-
mon tie ; when not a man, nor a family, nor chartered corpora-
tion, nor class, nor free institution, has the power of represent-
ing or exerting that opinion; and when every citizen — being
equally weak, equally poor, and equally dependent — has only
his personal impotence to oppose to the organized force of the
government?

The annals of France furnish nothing analogous to the con-

DEMOCRACY IN AMERICA

335

dition in which that country might then be thrown. But it
may more aptly be assimilated to the times of old, and to those
hideous eras of Roman oppression, when the manners of the
people were corrupted, their traditions obliterated, their habits
destroyed, their opinions shaken, and freedom, expelled from
the laws, could find no refuge in the land ; when nothing pro-
tected the citizens, and the citizens no longer protected them-
selves ; when human nature was the sport of man, and princes
wearied out the clemency of Heaven before they exhausted the
patience of their suojects. Those who hope to revive the mon-
archy of Henry IV or of Louis XIV, appear to me to be af-
flicted 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 Coesars.M

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 means
of preserving freedom; and without liking the government
of democracy, it might be adopted as the most applicable and
the fairest remedy for the present ills of society.

It is difficult to associate a people in the work of govern-
ment ; but it is still more difficult to supply it with experience,
and to inspire it with the feelings which it requires in order to
govern well. I grant that the caprices of democracy are per-
petual; its instruments are rude; its laws imperfect. But if
it were true that soon no just medium would exist between the
empire of democracy and the dominion of a single arm, should
we not rather incline towards the former than submit volun-
tarily to the latter ? And if complete equality be our fate, is it

n [This prediction of the return of
France to imperial despotism, and of
the true character of that despotic

power, was written in 1833, and realized
to the Jetter in 1852.]

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not better to b- 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 ; they must
have paid more attention to the form than to the substance of
my ideas. My aim has been to show, by the example of Ameri-
ca, that laws, and especially manners, may exist which will
allow a democratic people to remain free. But I am very far
from thinking that we ought to follow the example of the
American democracy, and copy the means which it has em-
ployed to attain its ends ; for I am well aware of the influence
which the nature of a country and its political precedents exer-
cise upon a constitution ; and I should regard it as a great mis-
fortune 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
despair 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 independence at all, either
for the middling classes or the nobility, for the poor or for the
rich, but an equal tyranny over all; and I foresee that if the
peaceable empire of the majority be not founded amongst us
in time, we shall sooner or later arrive at the unlimited author-
ity of a single despot, i

CHAPTER XVIII

THE PRESENT AND PROBABLE FUTURE CONDITION OE
THE THREE RACES WHICH INHABIT THE TERRITORY
OF THE UNITED STATES .

THE principal part of the task which I had imposed upon
myself is now performed. I have shown, as far as I
was able, the laws and the manners of the American
democracy. Here I might stop ; but the reader would perhaps
feel that I had not satisfied his expectations.

The absolute supremacy of democracy is not all that we meet
with in America; the inhabitants of the New World may be
considered from more than one point of view. In the course
of this work my subject has often led me to speak of the
Indians and the Negroes; but I have never been able to stop
in order to show what place these two races occupy in the midst
of the democratic people whom I was engaged in describing.
I have mentioned in what spirit, and according to what laws,
the Anglo-American Union was formed; but I could only
glance at the dangers which menace that confederation, 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 in-
quire 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
being democratic; and to portray democracy has been my
principal aim. It was therefore necessary to postpone these
questions, which I now take up as the proper termination of
my work. •

Vol. 1.-22 337

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The territory now occupied or claimed by the American
Union spreads from the shores of the Atlantic to those of the
Pacific Ocean. On the east and west its limits are those of
the continent itself. On the south it advances nearly to the
tropic, and it extends 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 between them
by education and by law, as well as by their origin and out-
ward characteristics; but fortune has brought them together
on the same soil, where, although they are mixed, they do not
amalgamate, and each race fulfils its destiny apart.

Amongst these widely differing families of men, the first
which attracts attention, the superior in intelligence, in power
and in enjoyment, is the white or European, the man pre-emi-
nent; and in subordinate grades, the negro and the Indian.
These two unhappy races have nothing in common; neither
birth, nor features, nor language, nor habits. Their only re-
semblance lies in their misfortunes. Both of them occupy an
inferior rank in the country they inhabit; both suffer from
tyranny; and if their wrongs are not the same, they origi-
nate, 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 man-
kind, what man is to the lower animals ; — he makes them sub-
servient to his use; and when he cannot subdue, he destroys
them. Oppression has, at one stroke, deprived the descendants
of the Africans of almost all the privileges of humanity. The
negro of the United States has lost all remembrance of his
country; the language which his forefathers spoke is never
heard around him ; he abjured their religion and forgot their
customs when he ceased to belong to Africa, without acquiring
any claim to European privileges. But he remains half way
between the two communities; sold by the one, repulsed by
the other ; finding not a spot in the universe to call by the name
of country, except the faint image of a home which the shelter
of his master's roof affords.

The negro has no family ; woman is merely the temporary
companion of his pleasures, and his children are upon an equal-

DEMOCRACY IN AMERICA

339

ity with himself from the moment of their birth. Am I to call
it a proof of God's mercy or a visitation of his wrath, that man
in certain states appears to be insensible to his extreme
wretchedness, and almost affects, with a depraved taste, the
cause of his misfortunes? The negro, who is plunged in this
abyss of evils, scarcely feels his own calamitous situation. 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,
he may have been purchased in the womb, and have begun his
slavery before he began his existence. Equally devoid of wants
and of enjoyment, and useless to himself, he learns, with his
first notions of existence, that he is the property of another,
who has an interest in preserving his life, and that the care of it
does not devolve upon himself ; even the power of thought ap-
pears to him a useless gift of Providence, and he quietly en-
joys the privileges of his debasement. If he becomes free, in-
dependence is often felt by him to be a heavier burden than
slavery; for having learned, in the course of his life, to sub-
mit to everything except reason, he is too much unacquainted
with her dictates to obey them. A thousand new desires beset
him, and he is destitute of the knowledge and energy necessary
to resist them: these are masters which it is necessary to
contend with, and he has 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 effects are different. 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 driven
them into the deserts, condemned them to a wandering life full
of inexpressible sufferings.

Savage nations are only controlled by opinion and by cus-
tom. When the North American Indians had lost the senti-
ment of attachment to their country ; when their families were
dispersed, their traditions obscured, and the chain of their

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recollections broken; when all their habits were changed, and
their wants increased beyond measure, European tyranny ren-
dered them more disorderly 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. Nevertheless, the Europeans have
not been able to metamorphose the character of the Indians;
and though they have had power to destroy them, they have
never been able to make them submit to the rules of civilized
society.

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
liberty; and slavery does not produce more fatal effects upon
the first, than independence upon the second. The negro has
lost all property in his own person, and he cannot dispose of his
existence without committing a sort of fraud : but the savage
is his own master as soon as he is able to act ; parental author-
ity is scarcely known to him ; he has never bent his will to that
of any of his kind, nor learned the difference between voluntary
obedience and a shameful subjection; and the very name of
law is unknown to him. To be free, with him, signifies to es-
cape from all the shackles of society. As he delights in this
barbarous independence, and would rather perish than spcrifice
the least part of it, civilization has little power over him.

The negro makes a thousand fruitless efforts to insinuate
himself amongst men who repulse him; he conforms to the
tastes of his oppressors, adopts their opinions, and hopes by
imitating them to form a part of their community. Having
been told from infancy that his race is naturally inferior to
that of the whites, he assents to the proposition and is ashamed
of his own nature. In each of his features he discovers a trace
of slavery, and, if it were in his power, he would willingly rid
himself of everything that makes him what he is.

The Indian, on the contrary, has his imagination inflated
with the pretended nobility of his origin, and lives and dies in
the midst of these dreams of pride. Far from desiring to con-
form his habits to ours, he loves his savage life as the distin-
guishing mark of his race, and he repels every advance to
civilization, less perhaps from the hatred which he entertains
for it, than from a dread of resembling the Europeans.o While

a The native of North America retains
bis opinions and the most insignificant

of his habits with a deirree of tenacity
which has no parallel in history. For

KS««%mM

DEMOCRACY IN AMERICA

341

nd
en-
tire
on-

he has nothing to oppose to our perfection in the arts but the
resources of the desert, to our tactics nothing but undisci-
pUned courage ; whilst our well-digested plans are met by the
spontaneous instincts of savage life, who can wonder if he fails
in this unequal contest ?

The negro, who earnestly desires to mingle his race with
that of the European, cannot effect it; while the Indian, who
might succeed to a certain extent, disdains to make the attempt.
The servility of the one dooms him to slavery, the pride of the
other to death.

I remember that while I was travelling through the forests
which still cover the State of Alabama, I arrived one day at the
log house of a pioneer. I did not wish to penetrate into the
dwelling of the American, but retired to rest myself for a while
on the margin of a spring, which was not far off, in the woods.
While I was in this place (which was in the neighborhood of
the Creek territory), an Indian woman appeared, followed by
a negress, and holding by the hand a little white girl of five or
six years old, whom 1 took to be the daughter of the pioneer.
A sort of barbarous luxury set off the costume of the Indian ;
rings of metal were hanging from her nostrils and ears; her
hair, which was adorned with glass beads, fell loosely upon her
shoulders; and I saw that she was not married, for she still
wore that necklace of shells which the bride always deposits on
the nuptial couch. The negress was clad in squalid European
garments. They all three came and seated themselves upon
the banks of the fountain ; and the young Indian, taking the
child in her arms, lavished upon her such fond caresses as

more than two hundred years the wan-
dering tribes of North America have
had daily intercourse with the whites,
and they have never derived from them
either a custom or an idea. Yet the
Europeans have exercised a powerful in-
fluence over the savages : they have
made them more licentious, but not
more European. In the summer of 1831
I happened to be beyond Lake Michi-
gan, at a place called Green Bay, which
serves as the extreme frontier between
the United States and the Indians on
the north-western side. Here I became
acquainted with an American officer.
Major H., who, after talking to me at
length on the inflexibility of the Indian
character, related the following fact: —
" I formerly knew a young Indian,"
said he, " who had been educated at a
college in New England, where he had
greatly distinguished himself, and had
acquired the external appearance of a

member of civilized society. When the
war broke out between ourselves and
the English in 1810, I saw this young
nt-in again ; he was serving in our army,
!"t the head of the warriors of his tribe,
(' • the Indians were admitted amongst
'it -anks of the Americans, upon condi-
tio; > that they would abstain from their
hor;-ibIe custom of scalping their vic-
tims. On the evening of the battle of
. . ., C. came and sat himself down
by the fire of our bivouac. J asked
htm what had been his fortune that day :
he related his exploits; and growing
warm and animated by the recollection
of them, he concluded by suddenly open-
ing the breast of his coat, saying, ' You
must not betray me— see here ! ' And I
actually beheld," said the Major, " be-
tween his body and his shirt, the skin
and hair of an English head, still drip-
ping with gore."

342

DE TOCQUEVILLE

mothers give; while the negress endeavored by various little
artifices to attract the attention of the young Creole.

The child displayed in her slightest gestures a consciousness
of superiority which formed a strange contrast with her in-
fantine weakness ; as if she received the attentions of her com-
panions with a sort of condescension. The negress was seated
on the ground before her mistress, watching her smallest de-
sires, and apparently divided between strong affection for the
child and servile fear ; whilst the savage displayed, in the midst
of her tenderness, an air of freedom and of pride which was
almost ferocious. I had approached the group, and I con-
templated them in silence ; but my curiosity was probaoly dis-
pleasing to the Indian woman, 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 individu-
als met together in the same place, who belonged to the three
races of men which people North America. I had perceived
from many different results the preponderance of the whites.
But in the picture which I have just been describing there was
something peculiarly touching ; a bond of affection here united
the oppressors with the oppressed, and the effort of nature to
bring them together rendered still more striking the immense
distance placed between them by prejudice and by law.

The Present and Probable Future Condition of the
Indian Tribes Which Inhabit the Territory Pos-
sessed BY the Union

Gradual disappearance of the native tribes — Manner in which it takes
place — Miseries accompanying the forced migrations of the Indians
— The ravages of North America had only two ways of escaping
destruction; war or civilization — They are no longer able to make
war — Reasons why they refused to become civilized when it was in
their power, and why they cannot become so now that they desire it
— Instance of the Creeks and Cherokees — Policy of the particular
States towards these Indians — Policy of the Federal Government.

None of the Indian tribes which formerly inhabited the ter-
ritory of New England — the Naragansetts, the Mohicans, the
Pecots — have any existence but in the recollection of man.
The Lenapes, who received William Penn, a hundred and fifty
years ago, upon the banks of the Delaware, have disappeared ;
and I myself met with the last of the Iroquois, who were beg-

DEMOCRACY IN AMERICA

343

ging alms. The nations I have mentioned formerly covered
the cotmtry to the sea-coast ; but a traveller at the present day
must penetrate more than a hundred leagues into the interior
of the continent to find an Indian. Not only have these wild
tribes receded, but they are destroyed ; b and as they give way
or perish, an immense and increasing people fills their place.
There 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.

When the Indians 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 flesh furnished them with food.

The Europeans introduced amongst the savages of North
America fire-arms, ardent spirits, and iron: they taught them
to exchange for manufactured stuffs, the rough garments
which had previously satisfied their untutored simplicity.
Having acquired new tastes, without the arts by which they
could be gratified, the Indians were obliged to have recourse
to the workmanship of the whites; but in return for their
productions the savage had nothing to offer except the rich
furs which still abounded in his woods. Hence the chase be-
came necessary, not merely to provide for his subsistence, but
in order to procure the only objects of barter which he could
furnish to Europe.^ Whilst the wants of the natives were
thus increasing, their resources continued to diminish.

b In the thirteen original States there
are only ^1273 Indians remaining. (See
Legislative Documents, 20th Congress,
No. 117, p. go.) (The decrease in now
far greater, and is verging on extinc-
tion. See page 360 of this volume.]

c Messrs. Clarice and Cass, in their
Report to Congress on February 4,
18^, p. 33, expressed themselves thus: —

, " The time wnen the Indians generally
could supply themselves with food and

[clothing, without any of the articles of
civilized life, has long since passed away.

[The more remote tribes, beyond the
Mississippi, who live where immense
herds of bulTalo are yet to be found and
who follow those animals in their peri-
odical migrations, could more easily
than any others recur to the habits of
their ancestors, and live without the
white man or any of his manufactures.
But the buffalo is constantly receding.
The smaller animals, the bear, the deer,
the beaver, the otter, the muskrat, etc..
principally minister to the comfort and

support of the Indians ; and these can-
not be taken without guns, ammunition,
and traps. Among the Northwestern
Indians particularly, the labor of sup-

E lying a family with food is excessive.
>ay after day is spent by_ the hunter
without success, and during this in-
terval his family must subsist upon bark
or roots, or perish. Want and misery
are around them and among them.
Many die every winter from actual
starvation."

The Indians will not live as Europeans
live, and yet they can neither subsist
without them, nor exactly after the
fashion of their fathers. This is demon-
strated by a fact which I likewise give
upon official authority. Some Indians
of a tribe on the banks of Lake Superior
had killed a European ; the American
government interdicted all traffic with
the tribe to which the guilty parties be-
lonfied, until they were delivered up to
justice. This measure had the desired
effect.

344

DE TOCQUEVILLE

From the moment when a European settlement is formed
in the neighborhood of the territory occupied by the Indians,
the beasts of chase take the alarm.rf Thousands of savages,
wandering in the forests and destitute of any fixed dwelling,
did not disturb them ; but as soon as the continuous sounds of
European labor are heard in their neighborhood, they begin
to flee away, and retire to the West, where their instinct teaches
them that they will find deserts of immeasurable extent. " The
buffalo is constantly receding," say Messrs. Clarke and Cass
in their Report of the year 1829; " a few years since they ap-
proached the base of the Alleghany ; and a few years hence they
may even be rare upon the immense plains which extend to the
base of the Rocky Mountains." I have been assured that this
effect of the approach of the whites is often felt at two hun-
dred leagues' distance from their frontier. Their influence is
thus exerted over tribes whose name is unknown to them ; and
who suffer the evils of usurpation long before they are ac-
quainted 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 leagues from the extreme frontiers of the whites, they
begin to build habitations for civilized beings in the midst of
the wilderness. This is done without difficulty, as the terri-
tory of a hunting-nation is ill-defined ; it is the common prop-
erty of the tribe, and belongs to no one in particular, so that
individual interests are not concerned in the protection of any
part of it.

A few European families, settled in different situations at
a considerable distance from each other, soon drive away the
wild animals which remain between their places of abode.
The Indians, who had previously lived in a sort of abundance,
then find it difficult to subsist, and still more difficult to pro-
cure the articles of barter which they stand in need of.

To drive away their game is to deprive them of the means

d "Five years ago," (says Vplney in

d " Five years ago," (says voiney in
his "Tableau des Etats-Unis," p. 370)
" in going from Vincennes to Kastcas-
Icia, a territory which now forms part
of the State of Illinois, but which at the
time I mention was completely wild
(1797). you could not cross a prairie
without seeinij herds of from four to five
hundred buffaloes. There are now none
remaining ; they swam across the Mis-
sissippi to escape from the hunters, ond
more particularly from the bells of the
American cows.

«The truth of what I here advance
may be easily proved by consulting the
tabular statement of Indian tribes in-
habiting; the United States and their
territories. (Legislative Documents,
30th Congress. No. 117, pp. oo-ioc.) It
is there shown ^ that the tribes in the
centre of America are rapidly decreas-
ing, although the Europeans are still at
• considerable distance from them.

DEMOCRACY IN AMERICA

345

of existence, as effectually as if the fields of our agriculturists
were stricken with barrenness ; and they are reduced, like fam-
ished wolves, to prowl through the forsaken woods in quest of
prey. Their instinctive love of their country attaches them to
the soil which gave them birth,' even after it has ceased to
yield anything but misery and death. At length they are com-
pelled to acquiesce, and to depart : they follow the traces of the
elk, the buffalo, and the beaver, and are guided by these wild
animals in the choice of their future country. Properly speak-
ing, therefore, it is not the Europeans who drive away the na-
tive inhabitants of America; it is famine which compels them
to recede; a happy distinction which had escaped the casuists
of former times, and for which we are indebted to modern dis-
covery I

It is impossible to conceive the extent of the sufferings which
attend these forced emigrations. They are undertaken by a
people already exhausted and reduced; and the countries to
which the newcomers betake themselves are inhabited by
other tribes which receive them with jealous hostility. Hun-
ger is in the rear ; war awaits them, and misery besets them on
all sides. In the hope of escaping from sucli a host of enemies,
they separate, and each individual endeavors to procure the
means of supporting his existence in solitude and secrecy, liv-
ing in the immensity of the desert like an outcast in civilized
society. The social tie, which distress had long since weak-
ened, is then dissolved; they have lost their country, and their
people soon desert them: their very families are obliterated;
the names they bore in common are 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 which I have been describing ; and I was
the witness of sufferings which I have not the power to por-
tray.

f "The Indians," say Messrs. Clarke
and Cass in their Report to ConRress,
p. IS, " are attached to their country by
the same feelings which bind us to
ours ; and, besides, there are certain
Buperstitious notions connected with
the alienation of what the Great Spirit
gave to their ancestors, which operate

strongly upon the tribes who have made
few or no cessions, but which are grad-
ually weakened as our intercourse with
them is extended. ' We will not sell
the spot which contains the bones of
our fathers,' is almost always the first
answer to a proposition for a sale."

346

DE TOCOUEVILLE

-- /

'V'

v-m

■

1^1

i <

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 Choctaws (or Chactas, as they are
called by the French in Louisiana). These savages had left
their country, and were endeavoring to gain the right bank of
the Mississippi, where they hoped to find an asylum which had
been promised them by the American government. It was
then the middle of winter, and the cold was unusually severe ;
the snow had frozen l:ard upon the ground, and the river was
drifting huge masses of ice. The Indians had their families
with them; and they brought in their train the wounded and
sick, with children newly born, and old men upon the verge of
death. They possessed neither tents nor wagons, but only
their arms and some provisions. I saw them embark to pass
the mighty river, and never will that solemn spectacle fade
from my remembrance. No cry, no sob was heard amongst
the assembled crowd; all were silent. Their calamities were
of ancient date, and they knew them to be irremediable. The
Indians had all stepped into the bark which was to carry them
across, but their dogs remained upon the bank. As soon as
these animals perceived that their masters were finally leaving
the shore, they set up a dismal howl, and, plunging all together
into the icy waters of the Mississippi, they swam after the boat.

The ejectment of the Indians very often takes place at the
present day, in a regular, and, as it were, a legal manner. When
the European population begins to approach the limit of the
desert inhabited by a savage tribe, the government of the
United States usually dispatches envoys to them, who assemble
the Indians in a large plain, and having first eaten and drunk
with them, accost them in the following manner : " What have
you to do in the land of your fathers ? Before long, you must
dig up their bones in order to live. In what respect is the coun-
try you inhabit better than another? Are there no woods,
marshes, or prairies, except where you dwell? And can you
live nowhere but under your own sun? Beyond those moun-
tains which you see at the horizon, beyond the lake which
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 happily in those solitudes." After
holding this language, they spread before the eyes of the Ind-
ians firearms, woollen garments, kegs of brandy, glass neck-

nnm m

DEMOCRACY IN AMERICA

347

laces, bracelets of tinsel, earrings, and looking-glasses.^ If,
when they have beheld all these riches, they still hesitate, it is
insinuated that they have not the means of refusing their re-
quired consent, and that the government itself will not long
have the power of protecting them in their rights. What are
they to do? Half convinced, and half compelled, they go to
inhabit new deserts, where the importunate whites will not let
them remain ten years in tranquillity. In this manner do the
Americans obtain, at a very low price, whole provinces, which
the richest sovereigns of Europe could not purchase.*

These are great evils ; and it must be added that they appear
to me to be irremediable. I believe that the Indian nations of
North America are doomed to perish; and that whenever the
Europeans shall be established on the shores of the Pacific
Ocean, that race of men will be no more.» 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.

g See, in the Legislative Documents
of Congress (Doc. 117), the narrative of
what takes place on these occasions.
This curious passage is from the above-
mentioned report, made to Congress by
Messrs. Clarke and Cass in February,
1829. Mr. Cass is now the Secretary of
War.

" The Indians," says the report,
" reach the treaty-ground poor and al-
most naked. Large quantities of goods
are taken there by the traders, and are
seen and examined by the Indians. The
women and children become importu-
nate to have their wants supplied, and
their influence is soon exerted to induce
a sale. Their improvidence is habitual
and unconquerable. The gratification
of his immediate wants and desires is
the ruling passion of an Indian. The
expectation of future advantages seldom
produces much effect. The experience
of the past is lost, and the prospects
of the future disregarded. It would be
utterly hopeless to demand a cession
of land, unless the means were at hand
of gratifying their immediate wants;
and when their condition and circum-
stances are fairly considered, it ought
not_ to surprise us that they are so
anxious to relieve themselves."

h On May jg, 1830, Mr. Edward Ev-
erett affirmed before the House of
Representatives, that the Americans
haa already acquired by treaty, to the
east and west of the Mississippi, 230,-
000,000 of acres. In 1808 the Osages
gave up 48,000,000 acres for an annual
payment of $1,000. In i8i8 the Quapaws
yielded up 29,000,000 acres for $4,000.
They reserved for themselves a terri-
tory of 1,000,000 acres for a hunting-
pround. A solemn oath was taken that
It should be respected : but before long
it was invaded like the rest.

Mr. Bell, in his Report of the Com-
mittee on Indian Affairs, February 24,
1830, has these words : — " To pay an
Indian tribe what their ancient hunting-
grounds are worth to them, after the
game is fled or destroyed, as a mode of
appropriating wild lands claimed by
Indians, has been found more conven-
ient, and certainly it is more agreeabi:
to the forms of justice, as well as more
merciful, than to assert the possession
of them by the sword. Thus the prac-
tice of buying Indian titles is but the
substitute which humanity and ex-
pediency have imposed, in place of the
sword, in arriving at the actual en-
joyment of property claimed by the
right of discoverjr, and sanctioned by
the natural superiority allowed to the
claims of civilized communities over
those of savage tribes. Up to the pres-
ent time so invariable has been the oper-
ation of certain causes, first in dimin-
ishing the value of forest lands to the
Indians, and secondly in disposing
them to sell readily, that the plan of
buying their right of occupancy has
never threatened to retard, in any per-
ceptible degree, the prosperity of any
of the States." (Legislative Docu-
ments, 2ist Congress, J^o. 227, p. 6.)

« This seems, indeed, to be the opinion
nf almost all American statesmen.
" Judging of the future by the past."
says Mr. Cass, " we cannot err m an-
ticipating a progressive diminution of
their numbers, and their eventual ex-
tinction, unless our border should be-
come stationary, and they be removed
beyond it, or unless some radical change
should take place in the principles of
our intercourse with them, which it is
easier to hope for than to expect."

i *

348

DE TOCQUEVILLE

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.;'
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
native population, and who exert themselves to unite all the
tribes in common hostility to the Europeans ; but their eflorts
are unavailing. Those tribes which are in the neighborhood
of the whites, are too much weakened to offer an effectual re-
sistance; whilst the others, giving way to that childish care-
lessness of the morrow which characterizes savage life, wait for
the near approach of danger before they prepare to meet it;
some are unable, the others are unwilling, to exert themselves.

It is easy to foresee that the Indians will never conform to
civilization ; or that it will be too late, whenever they may be
inclined to make the experiment.

Civilization is the result of a long 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
difficulty which habitually live by the chase. Pastoral tribes,
indeed, often change their place of abode ; ' but they follow a
regular order in their migrations, and often return again to
their oM stations, whilst the dwelling of the hunter varies with
that of the animals he pursues.

Several attempts have been made to diffuse knowledge
amongst the Indians, without controlling their wandering pro-
pensities; by the Jesuits in Canada, and by the Puritans in
New England ; k but none of these endeavors were crowned
by any lasting success. Civilization began in the cabin, but it
soon retired to expire in the woods. The great error of these
legislators of the Indians was their not understanding that, in
order to succeed in civilizing a people, it is first necessary to

i Amongrst other warlike enterprises,
there was one of the Wampanaogs, and
other confederate tribes, under Metacom
in 1675, against the colonists of New
England ; the English were also en-
gaged in war in Virginia in 162a.

* See the "Histoire de la Nouvelle
France," by Charlev k, and the work
entitled " Lettres <di ntes."

DEMOCRACY IN AMERICA

349

fix it ; which cannot be done without inducing it to cultivate the
soil; the Indians ought in the first place to have been accus-
tomed to agriculture. But not only are they destitute of this
indispensable preliminary to civilization, they would even have
great difficulty in acquiring it. Men who have once abandoned
themselves to the restless and adventurous life of the hunter,
feel an insurmountable disgust for the constant and regular
labor which tillage requires. We see this proved in the bosom
of our own society; but it is far more visible among peoples
whose partiality for the chase is a part of their national char-
acter.

Independently of this general difficulty, there is another,
which applies peculiarly to the Indians; they consider labor
not merely as an evil, but as a disgrace ; so that their pride pre-
vents them from becoming civilized, as much as their indolence.'

There is no Indian so wretched as not to retain under his hut
of bark a lofty idea of his personal worth; he considers the
cares of industry and labor as degrading occupations ; he com-
pares 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 al-
though 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 superiority. War and hunt-
ing are the only pursuits which appear to him worthy to be the
occupations of a man.*" The Indian, in the dreary solitude of
his woods, cherishes the same ideas, the same opinions as the
noble of the Middle Ages in his castle, and he only requires to
become a conqueror to complete the resemblance; thus, how-

; " In all the tribes," says Volney, in
his " Tableau des Etats-Unis," p. 423,
" there still exists a generation of old
warriors, who cannot forbear, when
they see their countrymen using the
hoe, from exclaiming against the de-
gradation of ancient manners, and as-
serting that the savages owe their de-
cline to these innovations ; adding, that
they have only to return to their primi-
tive habits in order to recover their
power and their glory."

wi The following description occurs in
an official document: " Until a young
man has been engaged with an enemy,
and has performed some acts of valor,
he gains no consideration, but is regard-
ed nearly as a woman. In their great
war-dances all the warriors in succes-

sion strike the post, as it is called, and
recount their exploits. On these oc-
casions their auditory consists of the
kinsmen, friends, and comrades of the
narrator. The profound impression
which his discourse produces on them
is manifested by the silent attention it
receives, and by the loud shouts which
hail its termination. The young man
who finds himself at such a meeting
without anything to recount is very un-
happy ; and instances have sometimes
occurred of younR warriors, whose ;)as-
sions had been thus inflamed, q^uittine
the war-dance suddenly, and gomg oft
alone to seek for trophies which they
might exhibit, and adventures whicn
they might be allowed to relate."

■<!

(•!

iii

350

DE TOCQUEVILLE

ever strange it may seem, it is in the forests of the New World,
and not amongst the Europeans who people its coasts, that the
ancient prejudices of Europe are still in existence.

More than once, in the course of this work, I have endeavored
to explain the prodigious influence which the social condition
appears to exercise upon the laws and the manners of men;
and I beg to add a few words on the same subject.

When I perceive the resemblance which exists between the
political institutions of our ancestors, the Germans, and of the
wandering tribes of North America ; between the customs de-
scribed by Tacitus, and those of which I have sometimes been a
witness, I cannot help thinking that the same cause has brought
about the same results in both hemispheres; and that in the
midst of the apparent diversity of human affairs, a certain
number of primary facts may Ee discovered, from which all the
others are derived. In what we usually call the German insti-
tutions, then, I am inclined only to perceive barbarian habits;
and the opinions of savages in what we style feudal principles.

However strongly the vices and prejudices of the North
American Indians may be opposed to their becoming agricul-
tural and civilized, necessity sometimes obliges them to it. Sev-
eral of the Southern nations, and amongst others the Cherokees
and the Creeks," were surrounded by Europeans, who had
landed on the shores of the Atlantic ; and who, either descend-
ing the Ohio or proceeding up the Mississippi, arrived simul-
taneously upon their borders. These tribes have not been
driven from place to place, like their Northern brethren ; but
they have been gradually enclosed within narrow limits, like
the game within the thicket, before the huntsmen plunge into
the interior. The Indians who were thus placed between civili-
zation and death, found themselves obliged to live by ignomin-
ious labor like the whites. They took to agriculture, and with-
out entirely forsaking their old habits or manners, sacrificed
only as much as was necessary to their existence.

n These nations are now swallowed up
in the States of Georgia, Tennessee,
Alabama, and Mississippi. There were
formerly in the South tour great nations
(remnants of which still exist), the
Choctaws, the Chickasaws, the Creeks,
and the Cherokees. The remnants of
these four nations amounted, in 1830, to
about 75,000 individuals. It is computed
that there are now remaininc in the
territory occupied or claimed by the
Aniflo-American Union about 300.000
Indians. (See Proceedings of the Ind-

ian Board in the City of New York.)
The official documents supplied to Con-
gress make the number amount to 313,-
130. The reader who is curious to know
the names and numerical strength of all
the tribes which inhabit the Anglo-
American territory should consult the
documents I refer to. (Legislative
Documents, 20th Congress, No. 117, pp.
90-ios.) [In the Census of 1870 it is
stated that the Indian population of the
United States is only 25,731, of whom
7,241 are in California.]

i )

(I
' i

DEMOCRACY IN AMERICA

351

The 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 newspaper."

The growth of European habits has been remarkably accel-
erated among these Indians by the mixed race which has sprung
up.P Deriving intelligence from their father's side, without en-
tirely losing the savage customs of the mother, the half-blood
forms the natural link between civilization and barbarism.
Wherever this race has multiplied the savage state has become
modified, and a great change has taken place in the manners of
the people.9

The success of the Cherokees proves that the Indians are
capable of civilization, but it does not prove that they will suc-
ceed in it. This difficulty which the Indians fin3 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 by degrees, and by
their own efforts. Whenever they derive knowledge from a
foreign people, they stood towards it in the relation of con-
querors, 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 Mongols, the power which victory bestows

1 brought back with me to France
one or two copies of this singular publi-
cation.

p See in the Report of the Committee
on Indian Affairs, 21st Congress, No.
227, P- 23, the reasons for the multiplica-
tion of Indians of mixed blood among
the Cherokees. The principal cause
dates from the War of Independence.
Many Anglo-Americans of Georgia, hav-
ing taken the side of England, were
obliged to retreat among the Indians,
where they married.

q Unhappily the mixed race has been
less numerous and less influential in
North America than in any other coun-
try. The American continent was peo-
pled by two great nations of Europe,
the French and the English. The former
were not slow in connecting themselves
with the daughters of the natives, but
there was an unfortunate affinity be-
tween the Indian character and their
own : instead of giving the tastes and
habits of civilizea life to the savages,
the French too often grew passionately
fond of the state of wild freedom they
found them in. They became the most
dangerous of the inhabitants of the

desert, and won the friendship of the
Indian by exaggerating his vices and his
virtues. M. de Senonville, the gover-
nor of Canada, wrote thus to Louis
XIV in 1685: " It has long been believed
that in order to civilize the savages we
ought to draw them nearer to us. But
there is every reason to suppose we
have been mistaken. Those which have
been brought into contact with us have
not become French, and the French who
have lived among them are changed into
savages, affecting to dress and live like
them." {" History of New France," by
Charlevoix, vol. ii., p. 345.) The Eng-
lishman, on the contrary, continuing
obstinately attached to the customs and
the most insignificant habits of his fore-
fathers, has remained in the midst of
the American solitudes just what he was
in the bosom of European cities ; he
would not allow of any communication
with savap^es whom he despised, and
avoided with care the union of his race
with theirs. Thus while the French ex-
ercised no salutary influence over the
Indians, the English have always re-
mained alien from them.

',??.

5S«

DE TOCQUEVILLE

upon the barbarian is sufficient to keep up his importance among
civilized men, and permit him to rank as their equal, until he
becomes their rival : the one has might on his side, the other
has intelligence; the former admires the knowledge and the
arts of the conquered, the latter envies the power of the con-
querors. The barbarians at length admit civilized man into
their palaces, and he in turn opens his schools to the barbarians.
But when the side on which the physical force lies, also pos-
sesses an intellectual preponderance, the conquered party sel-
dom become civilized; it retreats, or is destroyed. It may
therefore be said, in a general way, that savages go forth in
arms to seek knowledge, but 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 possibly succeed. Superior already to
the barbarous nations which surround them, they would gradu-
ally gain strength and experience, and when the Europeans
should appear upon their borders, they would be in a state, if
not to maintain their independence, at least to assert their right
to the soil, and to incorporate themselves with the conquerors.
But it is the misfortune of Indians to be brought into contact
with a civilized people, which is also (it must be owned) the
most avaricious nation on the globe, whilst they are still semi-
barbarian: to find despots in their instructors, and lo receive
knowledge from the hand of oppression. Living in the free-
dom of the woods, the North American Indian was destitute,
but he had no feeling of inferiority towards anyone ; as soon,
however, as he desires to penetrate into the social scale of the
whites, he takes the lowest rank in society, for he enters, ig-
norant 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

r There is in the adventurous life of
the hunter a certain irresistible charm,
which seizes the heart of man and car-
ries him away in spite of reason and ex-
perience. This is plainly shown by the
memoirs of Tanner. Tanner is a Euro-
pean who was carried away at the age
of six by the Indians, and has remained
thirty years with them in the woods.
Nothing can be conceived more ap-
palling that the miseries which he de-
scribes. He tells us of tribes without a
chief, families without a nation to call
their own, men in a state of isolation,

wrecks of powerful tribes wandering at
random amid the ice and snow and
desolate solitudes of Canada. Hunger
and cold pursue them ; every day their
life is in jeopardy. Amongst these men,
manners have lost their empire, tradi-
tions are without power. They become
more and more savage. Tanner shared
in all these miseries ; he was aware of
his European origin ; he was not kept
away from the whites by force ; on the
contrary, he came every year to trade
with them, entered their dwellings, and
witnessed their enjoyments ; he knew

DEMOCRACY IN AMERICA

353

submit to a wearisome, obscure, and degraded state; and to
gain the bread which nourishes him by hard and ignoble labor ;
such are in his eyes the only results of which civilization can
boast : and even this much he is not sur^ to obtain.

When the Indians undertake to imitate their European neigh-
bors, and to till the earth like the settlers, they are immediately
exposed to a very formidable competition. The white man is
skilled in the craft of agriculture ; the Indian is a rough begin-
ner in an art with which he is unacquainted. The former reaps
abundant crops without difficulty, the latter meets with a thou-
sand obstacles in raising the fruits of the earth.

The European is placed amongst a population whose wants
he knows and partakes. The savage is isolated in the midst of
a hostile people, with whose manners, language, and laws he is
imperfectly acquainted, but without whose assistance he can-
not live. He can only procure the materials of comfort by bar-
tering his commodities against the goods of the European, for
the assistance of his countrymen is wholly insufficient to supply
his wants. When the Indian wishes to sell the produce of his
labor, he cannot always meet with a purchaser, whilst the Euro-
pean readily finds a market ; and the former can only produce
at a considerable cost that which the latter vends at a very low
rate. Thus the Indian has no sooner escaped those evils to
which barbarous nations are exposed, than he is subjected to
the still greater miseries of civilized communities; and he
finds is scarcely less difficult to live in the midst of our abun-
dance, than in the depth of his own wilderness.

He has not yet lost the habits of his erratic life ; the tradi-
tions of his fathers and his passion for the chase are still alive
within him. The wild enjoyments which formerly animated
him in the woods, painfully excite his troubled imagination;
and his former privations appear to be less keen, his former
perils less appalling. He contrasts the independence which he
possessed amongst his equals with the servile position which he

that whenever he chose to return to
civilized life he was perfectly able to do
so — and he remained thirty years in the
deserts. When he came into civilized
society he declared that the rude ex-
istence which he described, had a secret
charm for him which he was unable to
define : he returned to it again and
again : at length he abandoned it with
poignant regret ; and when he was at
length fixed among the whites, several

Vol. I.— 23

of Kis children refused to share his tran-
quil and easy situation. I saw Tanner
myself at the lower end of Lake Su-
perior ; he seemed to me to be more like
a savage than a civilized being. His
book is written without either taste or
order; but he gives, even unconscious-
ly, a lively picture of the prejudices, the
passions, the vices, and, above all, of
the destitution in which he lived.

354

DE TOCQUEVILLE

occupies in civilized society. On the other hand, the solitudes
which were so long his free home are still at hand; a few
hours' march will bring him back to them once more. The
whites offer him a sum, which seems to him to be considerable,
for the ground which he has begun to clear. This money of
the Europeans may possibly furnish him with the means of a
happy and peaceful subsistence in remoter regions; and he
quits the plough, resumes his native arms, and returns to the
wilderness forever.* The condition of the Creeks and Chero-
kees, to which I have already alluded, sufficiently corroborates
the truth of this deplorable picture.

The Indians, in the little which they have done, have un-
questionably displayed as much natural genius as the peoples
of Europe in their most important designs ; but nations as well
as men require time to learn, whatever may be their intelli-
gence and their zeal. Whilst the savages were engaged in the
work of civilization, the Europeans continued to surround them
on every side, and to confine them within narrower limits ; the
two races gradually met, and they are now in immediate juxta-
position to each other. The Indian is already superior to his
barbarous parent, but he is still very far below his white neigh-
bor. With their resources and acquired knowledge, the Euro-
peans soon appropriated to themselves most of the advantages
which the natives might have derived from the possession of
the soil ; they have settled in the country, they have purchased

i The dcstructice influence of highly
civilized nations upon others which are
less so, has been exemplified by the
Europeans themselves. About a century
ago tne French founded the town of Vin-
cennes up on the Wabash, jn the middle
of the desert ; and they lived there in
great plenty until the arrival of the Am-
erican settlers, who first ruined the pre-
vious inhabitants by their competition,
and afterwards purchased their lands at
a very low rate. At the time when M.
de Volney, from whom I borrow these
details, passed through Vincennes, the
number of the French was reduced to a
hundred individuals, most of whom were
about to pass over to Louisiana or to
Canada. These French settlers were
worthy people, but idle and unin-
structed: they had contracted many of
the habits of savages. The Americans,
who were perhaps their inferiors, in a
moral point of view, were immeasurably
superior to them in intelligence : they
were industrious, well informed, rich,
and accustomed to govern their own
community.

I myself saw in Canada, where the in-
tellectual difference between the two
races is less striking, that the English

are the masters of commerce and manu-
facture in the Canadian country, that
they spread on all sides, and confine the
French within limits which scarcely suf-
fice to contain them. In like manner, in
Louisiana, almost all activity in com-
merce and manuf.-icture centres in the
hands of the Anglo-Americans.

But the case of Texas is still more
striking : the State of Texas is a part of
Mexico, and lies upon the frontier be-
tween that country and the United
States. In the course of the last few
years the Anplo-Americans have pene-
trated into this province, which is still
thinly peopled; they purchase land,
they produce the commodities of the
country, and supplant the original popu-
lation. It may easily be foreseen that if
Mexico takes no steps to check this
change, the province of Texas will very
shortly cease to belong to that govern-
ment.

If the different decrees— comparatively
so slight — which exist in European civil-
ization produce results of such magni-
tude, the consequences which must
ensue from the collision of the most
perfect European civilization with Ind-
ian savages may readily be conceived.

DEMOCRACY IN AMERICA

355

land at a very low rate or have occupied it by force, and the
Indians have been ruined by a competition which they had not
the means of resisting. They were isolated in their own coun-
try, and their race only constituted a colony of troublesome
aliens in the midst of a numerous and domineering people.'

Washington said in one of his messages to Congress, " We
are more enlightened and more powerful than the Indian na-
tions, we are therefore bound in honor to treat them with
kindness and even with generosity." But this virtuous and high-
minded policy has not been followed. The rapacity of the set-
tlers is usually backed by the tyranny of the government. Al-
though the Cherokecs anc. the Creeks are established upon the
territory which they inhabited before the settlement of the
Europeans, and although the Americans have frequently treated
with them as with foreign nations, the surrounding States have
not consented to acknowledge them as independent peoples, and
attempts have been made to subject these children of the woods
to Anglo-American magistrates, laws, and customs." Destitu-
tion had driven these unfortunate Indians to civilization, and
oppression now drives them back to their former condition:
many of them abandon the soil which they had begun to clear,
and return to their savage course of life.

If we consider the tyrannical measures which have been
adopted by the legislatures of the Southern States, the conduct
of their Governors, and the decrees of their courts of justice,
we shall be convinced that the entire expulsion of the Indians
is the final result to which the efforts of their policy are directed.

( See in the Legislative Documents
(21st Congress, No. 89) instances of ex-
cesses of every kind committed by the
whites upon the territory of the Ind-
ians, either in taking possession of a
part of their lands, until compelled to
retire by the troops of Congress, or car-
rying off their cattle, burning their
houses, cutting down their corn, and do-
ing violence to their persons. It ap-
pears, nevertheless, from all these docu-
ments that the claims of the natives arc
constantly protected by the government
from the abuse of force. The Union
has a representative agent continually
employed to reside among the Indians ;
and the report of the Cherokee agent,
which is among the documents I have
referred to, is almost always favorable
to the Indians. " The intrusion of
whites," he says, " upon the lands of
the Cherokees would cause ruin to the
poor, helpless, and inoffensive inhabi-
tants." And he further remarks upon
the attempt of the State of Georgia to

establish a division line for the purpose
of limiting the boundaries of the Chero-
kees, that the line drawn having bsen
made by the whites, and entirely upon
ex parte evidence of their several rights,
was of no validity whatever.

M In 1829 the State of Alabama divided
the Creek territory into counties, and
subjected the Indian population to the
power of European magistrates.

In 1830 the State of Mississippi assim-
ilated the Choctaws and Chickasaws to
the white population, and declared that
any of them that should take the title of
chief would be punished by a fine of
$1,000 and a year's imprisonment. When
these laws were enforced upon the
Choctaws, who inhabited that district,
the tribe assembled, their chief commu-
nicated to them the intentions of the
whites, and read to them some of the
laws to which it was intended that they
should submit ; and they unanimously
declared that it was better at once to
retreat again into the wilds.

356

DE TOCQUEVILLE

,»;■

1 .11

The Americans of that part of the Union look with jealousy
upon the aborigines.^ they are aware that these tribes have not
yet lost the traditions of savage life, and before civilization has
permanently fixed them to the soil, it is intended to force them
to recede by reducing them to despair. The Creeks and Chero-
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 saving the remnant of
the natives, and of maintaining them in the free possession of
that territory, which the Union is pledged to respect.w But
the several States oppose so formidable a resistance to the exe-
cution of this design, that the government is obliged to consent
to the extirpation of a few barbarous tribes in order not to en-
danger the safety of the American Union.

But the federal government, which is not able to protect
the Indians, would fain mitigate the hardships of their lot ; and,
with this intention, proposals have been made to transport them
into more remote regions at the public cost.

Between the thirty-third and thirty-seventh degrees of north
latitude, a vast tract of country lies, which has taken the name
of Arkansas, from the principal river that waters its extent. It
is bounded on the one side by the confines of Mexico, on the
other by the Mississippi. Numberless streams cross it in every
direction ; the climate is mild, and the soil productive, but it is
only inhabited by a few wandering hordes of savages. The
government of the Union wishes to transport the broken rem-
nants of the indigenous population of the South to the portion
of this country which is nearest to Mexico, and at a great dis-
tance from the American settlements.

We were assured, towards the end of the year 1831, that 10,-
000 Indians had already gone down to the shores of the Ar-
kansas ; and fresh detachments were constantly following them ;
but Congress has been unable to excite a unanimous deter-
mination in those whom it is disposed to protect. Some, in-
deed, are willing to quit the seat of oppression, but the most

vThe Georgians, who are so much
annoyed hy the proximity of the Ind-
ians, inhabit a territory which does
not at present contain more than seven
inhabitants to the square mile. In
France there are one hundred and sixty-
two inhabitants to the same extent of
country.

win 1818 Congress appointed com-

missioners to visit the Arkansas Terri-
tory, accompanied by a deputation of
Creeks, Choctaws, and Chickasaws.
This exoedition was commanded by
Messrs. Kennerlv, M'Coy, Wash Hood,
and John Bell. See the different reports
of the commissioners, and their journal,
in the Documents of Congress, No. 87,
House of Representatives.

I 1

DEMOCRACY IN AMERICA

3S7

enlightened members of the community refuse to abandon their
recent dwellings and their springing crops ; they are of opinion
that the work of civilization, once interrupted, will never be
resumed ; they fear that those domestic habits which have been
80 recently contracted, may be irrevocably lost in the midst of a
country which is still barbarous, and where nothing is pre-
pared for the subsistence of an agricultural people ; they know
that their entrance into those wilds will be opposed by inimical
hordes, and that they have lost the energy of barbarians, with-
out acquiring the resources of civilization to resist their
attacks. Moreover, the Indians readily discover that the set-
tlement which is proposed to them is merely a temporary expedi-
ent. Who can assure them that they will at length be allowed
to dwell in peace in their new retreat? The United States
pledge themselves to the observance of the obligation ; but the
territory which they at present occupy was formerly secured to
them by the most solemn oaths of Anglo-American faith.*
The American government does not indeed rob them of their
lands, but it allows perpetual incursions to be made on them.
In a few years the same white population which now flocks
around them, will track them to the solitudes of the Arkansas ;
they will then be exposed to the same evils without the same
remedies, and as the limits of the earth will at last fail them,
their only refuge is the grave.

The Union treats the Indians with less cupidity and rigor
than the policy of the several States, but the two governments
are alike destitute of good faith. The States extend what they
are pleased to term the benefits of their laws to the Indians,
with a belief that the tribes will recede rather than submit;
and the central government, which promises a permanent
refuge to these unhappy beings is well aware of its inability to
secure it to them.y

X The fifth article of the treaty made
with the Creeks in August, i7go, is in
the following words:— "The United
States solemnly guarantee to the Creek
nation al! their land within the limits
of the United States."

The seventh article of the treaty con-
cluded in 1791 with the Cherokees says:
— " The United States solemnly guar-
antee to the Cherokes nation all their
lands not hereby ceded." The following
article declared that if any citizen of
the United States or other settler not of
the Indian race should establish him-
self upon the territory of the Cherokees,
the United States would withdVaw their

^' protection from that individual, and give
him up to be punished as the Cheroicee
nation should think fit.

y This does not prevent them from
promising in the most solemn manner
to do so. See the letter of the President
addressed to the Creek Indians, March
23, i82() (Proceedings of the Indian
Board, in the city of New York, p. $):
" Beyond the great river Mississippi,
where a part of your nation has gone,
your father has provided a country
large enough for all of jrou, and he ad-
vises you to remove to it. There your
white brothers will not trouble you :
they will have no claim to the land, and

358

DE TOCQUEVILLE

h'l

Thus the tyranny of the States obliges the savages to retire,
the Union, by its promises and resources, facilitates their re-
treat; 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 Cherokees in their petition to Congress,"
" the red man of America has become small, and the white man
great and renowned. When the ancestors of the people of these
United States first came to the shores of America they found
the red man strong: though he was ignorant and savage, yet
he received them kindly, and gave them dry land to rest their
weary feet. They met in peace, and shook hands in token of
friendship. Whatever the white man wanted and asked of the
Indian, the latter willingly gave. At that time the Indian was
the lord, and the white man the suppliant. But now the scene
has changed. The strength of the red man has become weak-
ness. As his neighbors increased in numbers his power be-
came less and less, and now, of the many and powerful tribes
who once covered these United States, only a few are to be seen
— a few whom a sweeping pestilence has left. The northern
tribes, who were once so numerous and powerful, are now
nearly extinct. Thus it has happened to the red man of Ameri-
ca. Shall we, who are remnants, share the same fate?

" The land on which we stand we have received as an in-
heritance from our fathers, who possessed it from time imme-
morial, as a gift from our common Father in Heaven. They
bequeathed it to us as their children, and we have sacredly kept
it, as containing the remains of our beloved men. This right
of inheritance we have never ceded nor ever forfeited. Permit
us to ask what better right can the people have to a country
than the right of inheritance and immemorial peaceable posses-
sion ? We know it is said of late by the State of Georgia and
by the Executive of the United States, that we have forfeited

you can live upon it, you and all your
children, as lonft as the grass ftrows, or
the water runs, in peace and plenty. It
will be yours forever."

The Secretary of War, in a letter writ-
ten to the Cherokees, April i8, 1829, (see
the same work, p. 6), declares to them
that they cannot expect to retain pos-
session of the lands at that time oc-
cupied by them, but gives them the
most positive assurance of uninterrupted
peace if they would remove beyond the
Mississippi : as if the power which could
not grant them protection then, would
be able to afford it them hereafter !

a To obtain a correct idea of the policy
pursued by the several States and the
Union with respect to the Indians, it
is necessary to consult, ist, " The Laws
of the Colonial and State Governments
relating to the Indian Inhabitants."
(See the Legislative Documents, 21st
Congress, No. 319.) 2d, The Laws of
the Union on the same subject, and
especially that of March 30, 1802. (See
Story's ^' Laws of the United States.")
3d, The Report of Mr. Cass, Secretary
of War, relative to Indian Affairs, No-
vember 2Q, 1823.

a December 18, 1829.

DEMOCRACY IN AMERICA

S89

this right; but we think this is said gratuitously. At what
time li. ve we made the forfeit? What great crime have we
committed, whereby we must forever be divested of our coun-
try and rights? Was it when we were hostile to the United
States, and took pari with the King of Great Britain, during
the "itrugglc (or independence? If so, why was not this for-
feiture 'iclared in tlic first treaty of peace between the United
States and our beloved men? Why was not such an article as
the following inserted in the treaty : — ' The United States
give peace to the Cherokees, but, for the part they took in the
late war, declare them to be but tenants at will, to be removed
when the convenience of the States, within whose chartered
limits they live, shall require it ' ? That was the proper time
to assume such a possession. But it was not thought of, nor
would our forefathers have agreed to any treaty whose ten-
dency was to deprive them of their rights and their country."

Such is the language of the Indians: their assertions arc
true, their forebodings inevitable. From whichever side wc
consider the destinies of the aborigines of North America, their
calamities appear to be irremediable: if they continue barbar-
ous, they are forced to retire ; if they attempt to civilize their
manners, the contact of a more civilized community subjects
them to oppression and destitution. They perish if they con-
tinue to wander from waste to waste, and if they attempt to
settle they still must perish ; the assistance of Europeans is
necessary to instruct them, but the approach of Europeans cor-
rupts and repels them into savage life ; they refuse to change
their habits as long as their solitudes are their own, and it is
too late to change them when they are constrained to submit.

The Spaniards pursued the Indians with bloodhounds, like
wild beasts ; they sacked the New World with no more temper
or compassion than a city taken by storm; but destruction
must cease, and frenzy be stayed ; the remnant of the Indian
population which had escaped the massacre mixed with its con-
querors, and adopted in the end their religion and their man-
ners.fr The conduct of the Americans of the 'United States
towards the aborigines is characterized, on the other hand, by a
singular attachment to the formalities of law. Provided that

b The honor of this result is, however,
hy no means due to the Spaniards. If
the Indian tribes had not been tillers of
the ground at the time of the arrival of

the Europeans, they would unquestion-
ably have been destroyed in south as
well as in North America.

r/; ^

360

DE TOCQtJEVILLE

the Indians retain their barbarous condition, the Americans
take no part in their affairs; they treat them as independent
nations, and do not possess themselves of their hunting grounds
without a treaty of purchase; and if an Indian nation hap-
pens to be so encroached upon as to be unable to subsist upon its
territory, they afford it brotherly assistance in transporting it
to a grave sufficiently remote from the land of its fathers.

The Spaniards were unable to exterminate the Indian race
by those unparalleled atrocities which brand them with in-
delible shame, nor did they even succeed in wholly depriving it
of its rights ; but the Americans of the United States have ac-
complished this twofold purpose with singular felicity ; tran-
quilly, legally, philanthropically, without shedding blood, and
without violating a single great principle of morality in the
eyes of the world.c It is impossible to destroy men with more
respect for the laws of humanity.

[I leave this chapter wholly unchanged, for it has always appeared to
me to be one of the most eloquent and touching parts of this book. But
it has ceased to be prophetic; the destruction of the Indian race in the
United States is already consummated. In 1870 there remained but
25,731 Indians in the whole territory of the Union, and of these by far
the largest part exist in California, Michigan, Wisconsin, Dakota, and
New Mexico and Nevada. In New England, Pennsylvania, and New
York the race is extinct ; and the predictions of M. de Tocqueville arc
fulfilled. — Translator's Note.]

c See, amongst other documents, the
report made by Mr. Bell in the name of
the Committee on Indian Affairs, Feb-
ruary 24, 1830, in which is most logically
established and most learnedly proved,
that " the fundamental principle that the
Indians had no right by virtue of their
ancient possession either of will or
sovereignty, has never ,been abandoned
either expressly or by implication." In
perusing this report, which is evidently
drawn up by an experienced hand, one

is astonished at the facility with which
the author gets rid of all arguments
founded upon reason and natural right,
which he designates as abstract and the-
oretical principles. The more I contem-
plate the difference between civilized
and uncivilized man with regard to the
principles of justice, the more I ob-
serve that the former contests the jus-
tice of those rights which the latter
simply violates.

DEMOCRACY IN AMERICA

361

Situation of the Black Population in the United
States, and Dangers with Which Its Presence
Threatens the Whites

Why it is more difficult to abolish slavery, and to efface all vestiges of
it amongst the moderns than it was amongst the ancients — In the
United States the prejudices of the Whites against the Blacks seem
to increase in proportion as slavery is abolished— Situation of the
Negroes in the Northern and Southern States — Why the Americans
abolish slavery — Servitude, which debases the slave, impoverishes
the master— Contrast between the left and the right bank of the
Ohio — To what attributable — The Black race, as well as slavery, re-
cedes towards the South— Explanation of this fact— Difficulties at-
tendant upon the abolition of slavery in the South — Dangers to come
—General anxiety— Foundation of a Black colony in Africa— Why
the Americans of the South increase the hardships of slavery, whilst
they are distressed at its continuance.

The Indians will perish in the same isolated condition in
which they have lived ; but the destiny of the negroes is in some
measure interwoven with that of the Europeans. These two
races are attached to each other without intermingling, and
they are alike unable entirely to separate or to combine. The
most formidable of all the ills which threaten the future exist-
ence of the Union arises from the presence of a black popula-
tion upon its territory ; and in contemplating the cause of the
present embarrassments or of the future dangers of the United
States, the observer is invariably led to consider this as a
primary fact.

The permanent evils to which mankind is 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 preserved ; it was wafted like some
accursed germ upon a portion of the soil, but it afterwards
nurtured itself, grew without eflfort, and spreads naturally
with the society to which it belongs. I need scarcely add that
this calamity is slavery. Christianity suppressed slavery, but
the Christians of the sixteenth century re-established it — as an
exception, indeed, to their social system, and restricted to one of
the races of mankind; but the wound thus inflicted upon hu-
manity, though less extensive, was at the same time rendered
far more difficult of cure.

I .

M^^Pii^.

362

DE TOCQUEVILLE

It is important to make an accurate distinction between sla-
very itself and its consequences. The immediate evils which
are produced by slavery were very nearly the same in an-
tiquity as they are amongst the moderns ; but the consequences
of these evils were different. The slave, amongst the ancients,
belonged to the same race as his master, and he was often the
superior of the two in education d and instruction. Freedom
was the only distinction between them ; and when freedom was
conferred they were easily confounded together. The ancients,
then, had a very simple means of avoiding slavery and its evil
consequences, which was that of affranchisement; and they
succeeded as soon as they adopted this measure generally. Not
but, in ancient States, the vestiges of servitude subsisted for
some time after servitude itself was abolished. There is a
natural prejudice which prompts men to despise whomsoever
has been their inferior long after he is become their equal ; and
the real inequality which is produced by fortune or by law is
always succeeded by an imaginary inequality which is im-
planted in the manners of the people. Nevertheless, this sec-
ondary consequence of slavery was limited to a certain term
amongst the ancients, for the freedman bore so entire a re-
semblance 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 where
those of the ancients left off. This arises from the circum-
stance 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
freedmen. Thus the negro transmits the eternal mark of his
ignominy to all his descendants; and although the law may
abolish slavery, God alone can obliterate the traces of its ex-
istence.

d It is well known that several of the
most distinRuished authors of antiquity,
and amonpst them ^sop and Terence,
were, or had been slaves. Slaves were

not always taken from barbarous na-
tions, and the chances of war reduced
highly civilized men to servitUvI.-

DEMOCRACY IN AMERICA

363

The modem slave differs 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 understanding weak, his tastes low ; and we are almost in-
clined to look upon him as a being intermediate between man
and the brutes.e The moderns, then, after they have abolished
slavery, have three prejudices to contend against, which are less
easy to attack and far less easy to conquer than the mere fact
of servitude: the prejudice of the master, the prejudice of the
race, and the prejudice of color.

It is difficult for us, who have had the good fortune to be bom
amongst men like ourselves by nature, and equal to ourselves
by law, to conceive the irreconcilable diflferences which separate
the negro from the European in America. But we may derive
some faint notion of them from analogy. France was formerly
a country in which numerous distinctions of rank existed, that
had been created by the legislation. Nothing can be more fic-
titious than a purely legal inferiority ; nothing more contrary
to the instinct of mankind than these permanent divisions which
had been established between beings evidently similar. Never-
theless these divisions subsisted for ages ; they still subsist in
many places ; and on all sides they have left imaginary vestiges,
which time alone can eflface. 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 remember the ex-
treme difficulty with which aristocratic bodies, of whatever
nature they may be, are commingled with the mass of the peo-
ple ; and the exceed:"^ v:are 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 in-
delible 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,

1 y. VJ

i)i

e To induce the whites to abandon the
opinion they have conceived of the
moral and intellectual inferiority of their

former slaves, the negroes must change ;
but as long as this opinion subsists, to
change is impossible.

^s^aan

>;<ft*i,"^!SJutf-:^.»»M

364

DE TOCQUEVILLE

if 1!

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 United States must have perceived that in those
parts of the Union in which the negroes are no longer slaves,
they have in no wise drawn nearer to the whites. On the con-
trary, the prejudice of the race appears to be stronger in the
States which have abolished slavery, than in those where it still
exists ; and nowhere is it so intolerant as in those States where
servitude has never been known.

It is true, that in the North of the Union, marriages may be
legally contracted between negroes and whites; but public
opinion would stigmatize a man who should connect himself
with a negress as infamous, and it would be difficult to meet
with a single instance of such a union. The electoral franchise
has been conferred upon the negroes in almost all the States
in which slavery has been abolished ; but if they come forward
to vote, their lives are in danger. If oppressed, they may bring
an action at law, but they will find none but whites amongst
their judges ; rnd although they may legally serve as jurors,
prejudice repulses them from that office. The same schools do
not receive the child of the black and of the European. In the
theatres, gold cannot procure a seat for the servile race beside
their former masters ; in the hospitals they lie apart ; and al-
though they are allowed to invoke the same Divinity as the
whites, it must be at a diflferent altar, and in their own churches,
with their own clergy. The gates of Heaven are not closed
against these unhappy beings; but their inferiority is con-
tinued to the very confines of the other world ; when the negro
is defunct, his bones are cast aside, and the distinction of condi-
tion 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 afflictions, nor the tomb of him whose equal he
has been declared to be; and he cannot meet him upon fair
terms in life or in death.

DEMOCRACY IN AMERICA

3^5

In the South, where slavery still exists, the negroes are less
carefully kept apart ; they sometimes share the labor and the
recreations of the whites ; the whites consent to intermix with
them to a certain extent, and although the legislation treats
them more harshly, the habits of the people are more tolerant
and compassionate. In the South the master is not afraid to
raise his slave to his own standing, because he knows that he
can in a moment reduce him to the dust at pleasure. In the
North the white no longer distinctly perceives the barrier which
separates him from the degraded race, and he shuns the negro
with the more pertinacity, since he fears lest they should some
day be confounded together.

Amongst the Americans of the South, nature sometimes reas-
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 become 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
emancipated, and inequality is sanctioned by the manners
whilst it is effaced from the laws of the country. But if the
• elative position of the two races which inhabit the United
States is such as I have described, it may be asked why the
Americans have abolished slavery in the North of the Union,
why they maintain it in the South, and why they aggravate its
hardships there ? The answer is easily given. It is net for the
good of the negroes, 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 1621.^ 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 dimin-
ished towards the Northern States, and the negro population
was always very limited in New England.?

r f\

! ^

/ See Beverley's " History of Vir-
ginia." See also in Jefferson's " Me-
moirs " some curious<details concerning
the introduction of negroes into Vir-
ginia, and the first Act which prohibited
the importation of them in 1778.

fThe number of slaves was less con-
erable in the North, but the advan-
tages resulting from slavery were not
more contested there than in the South.
In 1740, the Legislature of the State of
New York declared that the direct im-

366

DE TOCQUEVILLE

Mi!

■ I

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 compara-
tively destitute of slaves, increased in population, in wealth, and
in prosperity more rapidly than those which contained the
greatest number of negroes. In the former, however, the in-
habitants were obliged to cultivate the soil themselves, or by
hired laborers ; in the latter they were furnished with hands for
which they paid no wages; yet although labor and expenses
were on the one side, and ease with economy on the other, the
former were in possession of the most advantageous system.
This consequence seemed to be the more difficult to explain,
since the settlers, who all belonged to the same European race,
had the same habits, the same civilization, the same laws, and
their shades of difference were extremely slight.

Time, however, continued to advance, and the Anglo-Ameri-
cans, spreading beyond the coasts of the Atlantic Ocean, pene-
trated farther and farther into the solitudes of the West ; they
met with a new soil and an unwonted climate ; the obstacles
which opposed them were of the most various character ; their
races intermingled, the inhabitants of the South went up
towards the North, those of the North descended to the South ;
but in the midst of all these causes, the same result occurred at
every step, and in general, the colonies in which there were no
slaves became more populous and more rich than those in
which slavery flourished. The more progress was made, the
more was it shown that slavery, which is so cruel to the slave,
is prejudicial to the master.

But this truth was most satisfactorily demonstrated when
civilization reached the banks of the Ohio. The stream which
the Indians had distinguished by the name of Ohio, or Beautiful
River, waters one of the most magnificent valleys that has
ever been made the abode of man. Undulating lands extend
upon both shores of the Ohio, whose soil afifords inexhaustible
treasures to the laborer ; on either bank the air is wholesome
and the climate mild, and each of them forms the extreme fron-

portation of slaves oufirtit to be encour-
aged as much as possible, and smuff-
BlinpT severely punished in order not to
discourfige the fair trader. (Kent's
" Commentaries," vol. ii. p. 206.) Curi-
ous researches, by Belknap, upon slavery
in New England, are to be found in the
" Historical Collection of Massachu-

setts," vol. iv. p. i()3. It appears that
negroes were introduced there in 1630,
but that the legislation and manners of
the people were opposed to slavery from
the first; see also, in the same work,
the manner in which public opinion, and
afterwards the laws, finally put an end
to slavery

ri lit \

DEMOCRACY IN AMERICA

367

tier of a vast State : That which follows the numerous windings
of the Ohio upon the left is called Kentucky, that upon the right
bears the name of the river. These two States only differ in a
single respect ; Kentucky has admitted slavery, but the State of
Ohio has prohibited the existence of slaves within its borders.*

Thus the traveller who floats down the current of the Ohio
to the spot where that river falls into the Mississippi, may be
said to sail between liberty and servitude ; and a transient 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 population is rare ; from time to time
one descries a troop of slaves loitering in the half-desert fields ;
the primaeval forest recurs at every turn ; society seems to be
asleep, man to be idle, and nature alone oflFers 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 appears to be in the enjoyment of that wealth and content-
ment which is the reward of labor.*

The State of Kentucky was founded in 1775, the State of
Ohio only twelve years later; but twelve years are more in
America than half a century in Europe, and, at the present day,
the population of Ohio exceeds that of Kentucky by two hun-
dred and fifty thousand souls./ These opposite consequences
of slavery and freedom may readily be understood, and they
suffice to explain many of the differences which we remark be-
tween the civilization of antiquity and that of our own time.

Upon the left bank of the Ohio labor is confounded with the
idea of slavery, upon the right bank it is identified with that of
prosperity and improvement; on the one side it is degraded,
on the other it is honored ; on the former territory no white
laborers can be found, for they would be afraid of assimilating
themselves to the negroes ; on the latter no one is idle, for the
white population extends its activity and its intelligence to every

h Not only is slavery prohibited in
Ohio, but no free negroes are allowed
to enter the territory of that State, or
to hold property in it. See the Statutes
of Ohio.

» The activity of Ohio is not confined
to individuals, but the undertakings of
the State are surprisingly great ; a canal
has been established between Lake Erie
and the Ohio, by means of which the
valley of the Mississippi communicates

with the river of the North, and the
European commodities which arrive at
New York may be forwarded by water
to New Orleans across five hundred
leagues of continent.

y The exact numbers given by the
census of 1830 were : Kentucky, 688,-
844; Ohio, 937,679. [In 1890 the popu-
lation of Ohio was 3,672,316, that of Ken-
tucky, 1,858,635.1

i }

(

368

DE TOCQUEVILLE

.!•■

-1

il (

\ I

> I

kind of employment. Thus the men whose task it is to cultivate
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, where they may work without dis-
honor.

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 wages paid to free workmen
would be returned with interest in the value of their services.
The free workman is paid, but he does his work quicker than the
slave, and rapidity of execution is one of the great elements of
economy. The white sells his services, but they are only pur-
chased at the times at which they may be useful ; the black can
claim no remuneration for his toil, but the expense of his main-
tenance is perpetual ; he must be supported in his old age as
well as in the prime of manhood, in his profitless infancy as
well as in the productive years of youth. Payment must equally
be made in order to obtain the services of either class of men :
the free workman receives his wages in money, the slave in ed-
ucation, in food, in care, and in clothing. The money which a
master spends in the maintenance of his slaves goes gradually
and in detail, so that it is scarcely perceived ; the salary of the
free workman is paid in a round sum, which appears only to
enrich the individual who receives it, but in the end the slave
has cost more than the free servant, and his labor is less pro-
ductive.*

The influence of slavery extends still further ; it aflfects the
character of the master, and imparts a peculiar tendency to his
ideas and his tastes. Upon both banks of the Ohio, the char-
acter of the inhabitants is enterprising and energetic ; but this
vigor is very differently exercised in the two States. The white
inhabitant of Ohio, who is obliged to subsist by his own exer-
tions, regards temporal prosperity as the principal aim of his

* Independently of these causes, which,
wherever free workmen abound, render
their labor more productive and more
economical than that of slaves, another
cause may be pointed out which is
peculiar to the United States : the
suRar-cane has hitherto been cultivated
with success only upon the banks of the
Mississippi, near the mouth of that river
in the Gulf of Mexico. In Louisiana
the cultivation of the sugar-cane is ex-
ceedingly lucrative, and nowhere does
a laborer earn so much by his work,
and, as there is always a certain rela-

tion between the cost of production .nnd
the value of the produce, the price of
slaves is very high in Louisiana. But
Louisiana is one of the confederated
States, and slaves may be carried thither
from all parts of the Union ; the price
given for slaves in New Orleans conie-
duently raises the value of slaves in nil
the other markets. The consequence of
this is, that in the countries where the
land is less productive, the cost of sl.Tve
labor is still very considerable, which
gives an additional advantage to the
competition of free labor.

DEMOCRACY IN AMERICA

369

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 f' . ordinary limits of
human cupidity : he is tormented by the jire of wealth, and
he boldly enters upon every path which fortune opens to him ;
he becomes a sailor, a pioneer, an artisan, or a laborer with the
same indifference, and he supports, with equal constancy, the
fatigues and tlic dangers incidental to these various professions ;
the resources of his intelligence arc 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 arc those of an idle man ; money loses a portion
of its value in his eyes ; he covets wealth much less than pleasure
and excitement ; and the energy which his neighbor devotes to
gain, turns with him to a passionate love of field sports and
military exercises; he delights in violent bodily exertion, he is
familiar with the use of arms, and is accustomed from a very
early age to expose his life in single combat. Thus slavery not
only prevents the whites from becoming opulent, but even from
desiring to become so.

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 North-
ern States which are in possession of shipping, manufactures,
railroads, and canals. This difference is perceptible not only
in comparing the North with the South, but in comparing the
several Southern States. Almost all the individuals who carry
on commercial operations, or who endeavor to turn slave labor
to account in the most Southern districts of the Union, have
emigrated from the North. The natives of the Northern States
are constantly spreading over that portion of the American ter-
ritory where they have less to fear from competition ; they
discover resources there which escaped the notice of the inhabi-
tants ; and, as they comply with a system which they do not ap-
prove, they succeed in turning it to better advantage than those
who first founded and who still maintain it.

Were I inclined to continue this parallel, I could easily prove
that almost all the differences which may be remarked between
Vol. I. — 24

hi
Ik

•)|

370

DE TOCQUEVILLE

!i ; fi

1,1

I 1

T i

the characters of the Americans in tlie Southern and in the
Northern States have originated in slavery ; but this would di-
vert 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 thi." point, interest is reconciled with mor-
ality.

As these truths became apparent in the United States, slavery
receded before the progress of experience. Servitude had begun
in the South, and had thence spread towards the North ; but
it now retires again. Freedom, which sta«-ted from the North,
now descends uninterruptedly towards t!ie South. Amongst
the great States, Pennsylvania now constitutes the extreme
limit of slavery to the North : but even within those Hmits the
slave system is shaken : Maryland, which is immediately below
Pennsylvania, is preparing for its abolition; and Virginia,
which comes next to Maryland, is already discussing its utility
and its dangers./

No great change takes phce in human institutions without
involving amongst its causes ine 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 families 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

/ A peculiar reason contributes to de-
tach tne two last-mentioned States from
the cause of slavery. The former wealth
of this part of the Union was principally
derived from the cultivation of tobacco.
This cultivation is specially carried on
by slaves ; but within the last few ye.irs
the market-price of tobacco has dimin-
ished, whilst the value of the slaves re-

mains the same. Thus the ratio be-
tween the cost of production and the
value of the produce is changed. Tlu-
natives of Maryland and Virginia are
therefore more disposed than they were
thirty years aRO, to pive up slave labor
in the cultivation of tob.icco, or to pive
up slavery and tobacco at the same time.

!•«. 1.

DEMOCRACY IN A. i.RlCA

371

■ole
bv

vva

brother, without being as rich as he is. This itkntlca* ' l»
seems to be produced in Europe and in America by v
analogous causes. In the South of the United States the .
race of whites formed an aristocratic body, which was hea<i
a certain number of privileged individuals, whose wealth
permanent, and whose leisure was hereditary. These leaders of
the American nobility kept alive the traditional prejudices of
the white race in the body of which they were the representa-
tives, and maintained the honor of inactive life. This aristoc-
racy contained many who were poor, but none who would
work ; its members preferred want to labor, consequently no
competition was set on foot against negro laborers and slaves,
and, whatever opinion might be entertained as to the utility of
their efforts, it was indispensable to employ them, since there
was no one else to work.

No sooner was the law of primogeniture abolished than
fortunes began to diminish, and all the families of the country
were simultaneously reduced to a state in which labor became
necessary to procure the means of subsistence : several of them
have since entirely disappeared, and all of them learned to look
forward to the time at which it would be necessary for everyone
to provide for his own wants. Wealthy individuals are still to
be met with, but they no longer constitute a compact and he-
reditary body, nor have they been able to adopt a line of conduct
in which they could persevere, and which they could infuse into
all ranks of society. The prejudice which stigmatized labor
was in the first place abandoned by common consent ; the num-
ber of needy men was increased, and the needy were allowed
to gain a laborious subsistence without blushing for their ex-
ertions. 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 population follows its retro-
grade course, and returns with it towards those tropical regions
from which it originally came. However singular this fact may
at first appear to be, it may readily be explained. Although the
Americans abolish the principle of slavery, they do not set their
slaves free. To illustrate this remark, I will quote the example

I.'

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37»

DE TOCQUEVILLE

of the State of New York. In 1788, the State of New York pro-
hibited the sale of slaves within its limits, which was an indirect
method of prohibiting the importation of blacks. Thencefor-
ward the number of negroes could only increase according to
the ratio of the natural increase of population. But eight years
later a more decisive measure was taken, and it was enacted that
all children born of slave parents after July 4, 1799, should
be free. No increase could then take place, and although slaves
still existed, slavery might be said to be abolished.

From the time at which a Northern State prohibited the im-
portation of slaves, no slaves were brought from the South to
be sold in its markets. On the other hand, as the sale of slaves
was forbidden in that State, an owner was no longer able to get
rid of his 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
had then a strong interest in transporting him to the South.
Thus the same law prevents the slaves of the South from coming
to the Northern States, and drives those of the North to the
South.

The want of free hands is felt in a State in proportion as the
number of slaves decreases. But in proportion as labor is per-
formed by free hands, slave labor becomes less productive ; and
the slave is then a useless or onerous possession, whom it is im-
portant to export to those Southern States where the same com-
petition is not to be feared. Thus the abolition of slavery does
not set the slave free, but it merely transfers him from one mas-
ter to another, and from the North to the South.

The emancipated negroes, and those born after the abolition
of slavery, do not, indeed, migrate from the North to the South ;
but their situation with regard to the Europeans is not unlike
that of the aborigines of America ; they remain half civilized,
and deprived of their rights in the midst of a population which
is far superior to them in wealth and in knowledge ; where they
are exposed to the tyranny of the laws »t and the intolerance of
the people. On some accounts they are still more to be pitied

m The States in which slavery is abol-
ished usually do what they can to render
their territory disaRreeable to the ne-
groes as a place of residence ; and as a

kind of emulation exists between the
different States in this respect, the un-
happy blacks can only choose the least
of the evils which beset them.

DEMOCRACY IN AMERICA

$1$

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 ,« 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 when 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 pos-
session of each tract of country. Besides which, F.uropcan emi-
gration 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-
verted. The negroes constitute a scanty remnant, a poor *ribe
of vagrants, which is lost in the midst of an immense people in
full possession of the land ; and the presence of the blacks is
only marked by the injustice and the hardships of which they
are the unhappy victims.

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.

n There is a verj' great difference be-
tween the mortality of the blacks and of
the whites in the States in which slavery
is abolished; from 1820 to 1831 only one
out of forty-two individuals of the white
population diet ir 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 frreat amonest the negroes
who are still slaves. (See Emmerson's
" Medical Statistics," p. iS.)

!/l

374

DE TOCQUEVILLE

<i 1

The more we descend towards the South, the more difficult
does it become to aboHsh 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 with-
in a certain latitude the exertions which a negro can make with-
out danger are fatal to them ; o but I do not think that this opin-
ion, which is so favorable to the indolence of the inhabitants o£
southern regions, is confirmed by experience. The southern
parts of the Union are not hotter than the South of Italy and of
Spain ; p and it may be asked why the European cannot work
as well there as in the two latter countries. If slavery has been
abolished in Italy and in Spain without causing the destruction
of the masters, why should not the same thing take place in the
Union ? I cannot believe that nature has prohibited the Euro-
peans in Georgia and the Floridas, under pain of death, from
raising the means of subsistence from the soil, but their labor
would unquestionably be more irksome and less productive
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.

All the plants of Europe grow in the northern parts of the
Union ; the South has special productions of its own. It has
been observed that slave labor is a very expensive method of
cultivating corn. The farmer of corn land in a country where
slavery is unknown habitually retains a small number of labor-
ers in his service, and at seed-time and harvest he hires several
additional hands, who only live at his cost for a short period.
But the agriculturist in a slave State is obliged to keep a large
number of slaves the whole year round, in order to sow his
fields and to gather in his crops, although their services are only

_ This is true of the spots in which
rice is cultivated ; rice-ground^,, which
are unwholesome in all countries, are
particularly dangerous in those regions
which are exposed to the beams of a
tropical sun. Europeans would not find
it easy to cultivate the soil in that part
of the New World if it must be neces-
sarily be made to produce rice ; but
may they not subsist without rice-
grounds ?
p These States are nearer to the equa-

tor than Italy and Spain, but the tem-
perature 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 Acores to be transported into
a district of Louisiana called Attakapas,
\>y way of experiment. These settlers
still cultivate the soil without the as-
sistance of slaves, but their induslrv is
so languid as scarcely to supply their
most necessary wants.

f Kl ' .

I ^<

T ■<

DEMOCRACY IN AMERICA

375

required for a few weeks ; but slaves are unable to wait till they
are hired, and to subsist by their own labor in the mean time
like free laborers ; in order to have their services they must be
bought. Slavery, independently of its general disadvantages,
is therefore still more inapplicable to countries in which corn is
cultivated than to those which produce crops of a different kind.
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 ex-
clusively grown in the South, and they form one of the prin-
cipal sources of the wealth of those States. If slavery were
abolished, the inhabitants of the South would be constrained to
adopt one of two alternatives : they must either change their
system of cultivation, and then they would come into competi-
tion with the more active and more experienced inhabitants of
the North ; or, if they continued to cultivate the same produce
without slave labor, they would have to support the competition
of the other States of the South, which might still retain their
slaves. Thus, peculiar reasons for maintaining slavery exist in
the South which do not operate in the North.

But there is yet another motive which is more cogent than
all the others: the South might indeed, rigorously speaking,
abolish slavery ; but how should it rid its territory of the black
population ? Slaves and slavery are driven from the North by
the same law, but this twofold result cannot be hoped for in the
South.

The arguments which I have adduced to show that slavery
is more natural and more advantageous in the South than in the
North, sufficiently prove that the number of slaves must be far
greater in the former districts. It was to the southern 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 South, the prejudice which sanctions
idleness increases in power. In the States nearest to the tropics
there is not a single white laborer; the negroes are conse-
quently 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

376

DE TOCQUEVILLE

,' tij)

*ii 1

as soon as slavery is abolished in the other. Thus the black
population 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 growth of the European race in the North.

In the State of Maine there is one negro in 300 inhabitants ;
in Massachusetts, one in 100; in New York, two in 100; in
Pennsylvania, three in the same number ; in Maryland, thirty-
four; in Virginia, forty-two; and lastly, in South Carolina 9
fifty-five per cent. Such was the proportion of the black popu-
lation to the whites in the year 1830. But this proportion is
perpetually changing, as it constantly decreases in the North
and augments in the South.

It is evident that the most Southern States of the Union can-
not abolish slavery without incurring very great dangers, which
the North had no reason to apprehend when it emancipated its
black population. We have already shown the system by which
the Northern States secure the transition from slavery to free-
dom, by keeping the present generation in chains, and setting
their descendants free ; by this means the negroes are gradually
introduced into society ; and whilst the men who might abuse
their freedom are kept in a state of servitude, those who are
emancipated may learn the art of being free before they be-
come their own masters. But it would be difficult to apply this
method in the South. To declare that all the negroes born after
a certain period shall be free, is to introduce the principle and
the notion of liberty into the heart of slavery ; the blacks whom
the law thus maintains in a state of slavery from which their
children are delivered, are astonished at so unequal a fate, and
their astonishment is only the prelude to their impatience and
irritation. Thenceforward slavery loses, in their eyes, that kind
of moral power which it derived from time and habit ; it is re-
duced to a mere palpable abuse of force. The Northern States

ill; / '

(/We find it asserted in an American
work, entitled " Letters on the Coloniza-
tion Society," by Mr. Carey, 1833,
" That for the last forty years the black
race has increased more rapidly than
the white race in the State of South
Carolina ; and that if we take the aver-
age population of the five States of the
South mto which slaves were first intro-
duced, viz., Maryland, Virginia. South
Carolina, North Carolina, and Georgia,
we shall find that from 1790 to 1830 the

whites have augmented in the propor-
tion of 80 to 100, and the blacks in that
of 112 to 100."

In the United States, in 1830, the
population of the two races stood as fol-
lows: —

States where slavery is abolished, 6,-
S^5<434 whites ; 120,520 blacks. Slave
States, 3,960,814 whites ; 2,208,102 blacks.
[In 1890 the United States contained a
population of 54,983,890 whites, and
7,638,360 negroes.] ,

Hi!

DEMOCRACY IN AMERICA

377

Jiad nothing to fear from the contrast, because in them the
blacks were few in number, and the white population was very
considerable. But if this faint dawn of freedom were to show
two millions of men their true position, the oppressors would
have reason to tremble. After having aflfranchised 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
operate in the same manner in the Southern States. On the
one hand, the mass of slaves is too great for any expectation of
their ever being removed from the country to be entertained ;
and on the other hand, the Europeans and 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. Be-
sides, they very justly look upon the States in which the pro-
portion 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
u. 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 ap-
prehend. At the present time the descendants of the Eu-
ropeans are the sole owners of the land ; the absolute masters
of all labor ; and the only persons who are possessed of wealth,
knowledge, and arms. The black is destitute of all these ad-
vantages, but he subsists without them because he is a slave.
If he were free, and obliged to provide for his own subsistence,
would it be possible for him to remain without these things

I'll

/ \i 1

'in

I .■ .1

'I-

»M !

378

DE TOCQUEVILLE

and to support life? Or would not the very instruments of
the present superiority of the white, whilst slavery exists, ex-
pose him to a thousand dangers if it were abolished ?

As long as the negro remains a slave, he may be kept in a
condition not very far removed from that of the brutes; but,
with his liberty, he cannot but acquire a degree of instruction
which will enable him to appreciate his misfortunes, and to
discern a remedy for them. Moreover, there exists a singular
principle of relative justice which is very firmly implanted in
the human heart. Men are much more forcibly struck by
those inequalities which exist within the circle of the same
class, than with those which may be remarked between dif-
ferent classes. It is more easy for them to admit slavery,
than to allow several millions of citizens to exist under a load
of eternal infamy and hereditary wretchedness. In the North
the population of freed negroes feels these hardships and re-
sents these indignities; but its numbers and its powers are
small, whilst in the South it would be numerous and strong.

As soon as it is admitted that the whites and the eman-
cipated blacks are placed upon the same territory in the situa-
tion of two alien communities, it will readily be understood
that there are but two alternatives for the future ; the negroes
and the whites must either wholly part or wholly mingle. I
have already expressed the conviction which I entertain as to
the latter event.*" I do not imagine that the white and black
races will ever live in any country upon an equal footing.
But I believe the difficulty to be still greater in the United
States than elsewhere. An isolated individual may surmount
the prejudices of religion, of his country, or of his race, and
if this individual is a king he may effect surprising changes
in society; but a whole people cannot rise, as it were, above
itself. A despot who should subject the Americans and their
former slaves to the same yoke, might perhaps succeed in
commingling their races ; but as long as the American democ-
racy remains at the head of affairs, no one will undertake so
difficult a task ; and it may be foreseen that the freer the white

rThis opinion is sanctioned by au-
thorities infinitely weightier than any-
thing that I can say : thus, for instance,
it is stated in the " Memoirs of Jeffer-
son " (as collected by M. Conseil),
" Nothing is more clearly written in the
book of destiny than the emancipation

of the blacks ; and it is equally certain
that the two races will never live in a
state of equal freedom under the same
government, so insurmountable are the
barriers which nature, habit, and opin-
ions have established between them."

DEMOCRACY IN AMERICA

379

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 mulattoes are the true means of transition between the
white and the negro; so that wherever mulattoes abound, the
intermixture of the two races is not impossible. In some parts
of America, the European and the negro races are so crossed
by one another, that it is rare to meet with a man who is
entirely black, or entirely white : when they are arrived at this
point, the two races may really be said to be combined; or
rather to have been absorbed in a third race, which is con-
nected with both without being identical with either.

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 in-
finitely more scarce than in any other European colony : mulat-
toes are by no means numerous in the United States; they
have no force peculiar to themselves, and when quarrels origi-
nating in differences of color take place, they generally side
with the whites; just as the lackeys of the great, in Europe,
assume the contemptuous airs of nobility to the lower orders.

The pride of origin, which is natural to the English, is
singularly 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 supposed for an instant, that an American of the Southern
States, placed, as he must forever be, between the white man
with all his physical and moral superiority and the negro, will
ever think of preferring the latter? The Americans of the
Southern States have two powerful passions which will always
keep them aloof; the first is the fear of being assimilated to
the negroes, their former slaves ; and the second the dread
sinking below the whites, their neighbors.

If I were called upon to predict what will probably occur at
some future time, I should say, that the abolition of slavery in
the South will, in the common course of things, increase the

nil

■^^(f

sit the British West India planters
had Koverned themselves, they would
assuredly not have passed the Slave

Emancipation Bill which the mother-
country has recently imposed upon
them.

38o

DE TOCQUEVILLE

I i'

repugnance of the white population for the men of color. I
found this opinion upon the analogous observation which I
already had occasion to make in the North. I there remarked
that the white inhabitants of the North avoid the negroes with
increasing care, in proportion as the legal barriers of separation
are removed by the legislature; and why should not the same
result take place in the South? In the North, the whites are
deterred from intermingling with the blacks by the fear of an
imaginary danger; in the South, where the danger would be
real, I cannot imagine that the fear would be less general.

If, on the one hand, it be admitted (and the fact is un-
questionable) that the colored population perpetually accu-
mulates in the extreme South, and that it increases more rapidly
than that of the whites ; and if, on the other hand, it be allowed
that it is impossible to foresee a time at which the whites and
the blacks will be so intermingled as to derive the same benefits
from society; must it not be inferred that the blacks and the
whites will, sooner or later, come to open strife in the Southern
States of the Union? But if it be asked what the issue of the
struggle is likely to be, it will readily be understood that we
are here left to form a very vague surmise of the truth. The
human mind may succeed in tracing a wide circle, as it were,
which includes the course of future events; but within that
circle a thousand various chances and circumstances may direct
it in as many different ways ; and in every picture of the future
there is a dim spot, which the eye of the understanding cannot
penetrate. It appears, however, to be extremely probable that
in the West Indian 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 con-
fines of Canada to the frontiers of Virginia, and from the
banks of the Missouri to the shores of the Atlantic. If the
white citizens of North America remain united, it cannot be
supposed that the negroes will escape the destruction with
which they are menaced ; they must be subdued by want or by
the sword. But the black population which is accumulated
along the coast of the Gulf of Mexico, has a chance of success

( j"

rt!^

DEMOCRACY IN AMERICA

381

if the American Union is dissolved when the struggle between
the two races begins. If the federal tie were broken, the
citizens of the South would be wrong to rely upon any lasting
succor from their Northern countrymen. The latter are well
aware that the danger can never reach them ; and unless they
are constrained to march to the assistance of the South by a
positive obligation, it may be foreseen that the sympathy of
color will be insufficient to stimulate their exertions.

Yet, at whatever period the strife may break out, the whites
of the South, even if they are abandoned to their own resources,
will enter the lists with an immense superiority of knowledge
and of the means of warfare ; but the blacks will have numeri-
cal strength and the energy of despair upon their side, and
these are powerful resources to men who have taken up arms.
The fate of the white population of the Southern States will,
perhaps, be similar to that of the Moors in Spain. After hav-
ing occupied the land for centuries, it will perhaps be forced
to retire to the country whence its ancestors came, and to
abandon to the negroes the possession of a territory, which
Providence seems to have more peculiarly destined for them,
since they can subsist and labor in it more easily that the
whites.

The danger of a conflict between the white and the black
inhabitants of the Southern States of the Union — a danger
which, however remote it may be, is inevitable — perpetually
haunts the imagination of the Americans. The inhabitants of
the North make it a common topic of conversation, although
they have no direct injury to fear from the struggle ; but they
vainly endeavor to devise some means of obviating the mis-
fortunes which they foresee. In the Southern States the sub-
ject is not discussed : the planter does not allude to the future
in conversing with strangers; the citizen does not communi-
cate his apprehensions to his friends ; he seeks to conceal them
from himself; but there is something more alarming in the
tacit forebodings of the South, than in the clamorous fears
of the Northern States.

This all-pervading disquietude has given birth to an under-
taking which is but little known, but which may have the
effect of changing the fate of a portion of the human race.
From apprehension of the dangers which I have just been
describing, a certain number of American citizens have formed

'14

-•I''

I i.

I'i

382

DE TOCQUEVILLE

'Kl

■■ M

a society for the purpose of exporting to the coast of Guinea,
at their own expense, such free negroes as may be willing
to escape from the oppression to which they are subject.' In
1820, the society to which I allude formed a settlement in
Africa, upon the seventh degree of north latitude, which bears
the name of Liberia. The most recent intelligence informs
us that 2,500 negroes a're collected there ; they have introduced
the democratic institutions of America into the country of
their forefathers; and Liberia has a representative system of
government, negro jurymen, negro magistrates, and negro
priests ; churches have been built, newspapers established, and,
by a singular change in the vicissitudes of the world, white
men are prohibited from sojourning within the settlement."

This is indeed a strange caprice of fortune. Two hundred
years have now elapsed since the inhabitants of Europe un-
dertook to tear the negro from his family and his home, in
order to transport him to the shores of North America ; at the
present day, the European settlers are engaged in sending
back the descendants of those very negroes to the Continent
from which they were originally taken; and the barbarous
Africans have been brought into contact with civilization in
the midst of bondage, and have become acquainted with free
political institutions in slavery. Up to the present time Africa
has been closed against the arts and sciences of the whites ; but
the inventions of Europe will perhaps penetrate into those
regions, now that they are introduced by Africans themselves.
The settlement of Liberia is founded upon a lofty and a most
fruitful idea; but whatever may be its results with regard to
the Continent of Africa, it can afiford no remedy to the New
World.

In twelve years the Colonization Society has transported
2,500 negroes to Africa ; in the same space of time about 700,-
000 blacks were born in the United States. If the colony of
Liberia were so situated as to be able to receive thousands of
new inhabitants every year, and if the negroes were in a state to

(This society assumed the name of
" The Society for the Colonization of
the Blacks." See its annual reports ;
and more particularly the fifteenth. See
also ♦' e pamphlet, to which allusion has
alrt ly Tbeen made, entitled " Letters
on the Colonization Society, and on its
probable Results," by Mr. Carey, Phila-
delphia, 1833.

h-\ '

u This last regulation was laid down
by the founders of the settlement ; they
apprehended that a state of thinRS
might arise in Africa similar to that
which exists on the frontiers of the
United States, and that if the negroes,
like the Indians, were brought into col-
lision with a people more enlightened
than themselves, they would be de-
stroyed before they could be civilized.

DEMOCRACY IN AMERICA

383

be sent thither with advantage; if the Union were to supply
the society with annual subsidies,^' and to transport the negroes
to Africa in the 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.^ The negro race will never leave
those shores of the American continent, to which it was brought
by the passions and the vices of Europeans; 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 cannot now destroy their effi-
cient 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 emanci-
pation of the slaves ; and slavery was abolished, without placing
the free negroes 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 question of slavery was a question of commerce and man-
ufacture for the slave-owners in the North; for those of the
South, it is a question of life and death. God forbid that I
should seek to justify the principle of negro slavery, as has been
done by some American writers I But I only observe that all
the countries which formerly adopted that execrable principle
are not equally able to abandon it at the present time.

When I contemplate the condition of the South, I can only

/If.

til

' ■ ,1

V Nor would these he the only diffi-
culties attendant upon the undertaking ;
if the Union undertook to buy up the
negroes now in America, in order to
transport them to Africa, the price of
slaves, increasing with their scarcity,
would soon become enormous ; and the
States of the North would never con-
sent to expend such great sums for a
purpose which would procure such small
advantages to themselves. If the Union

took possession of the slaves in the
Southern States by force, or at a rate
determined by law, an insurmountable
resistance would arise in that part of
the country. Both alternatives are
equally impossible.

w In 1830 there were in the United
States 2,010,327 slaves and 319,439 free
blacks, in all 2,320.766 negroes : which
formed about one-fifth of the total popu-
lation of the United States at that tipie.

384

DE TOCQUEVILLE

' ; M>,

I'i

discover two alternatives which may be adopted by the white
inhabitants of those States; viz., either to emancipate the ne-
groes, and to intermingle with them; or, remaining isolated
from them, to keep them in a state of slavery as long as pos-
sible. All intermediate measures seem to me likely to termi-
nate, and that shortly, in the most horrible of civil wars, and
perhaps in the extirpation of one or other of the two races.
Such is the view which the Americans of the South take of the
question, and they act consistently with it. As they are de-
termined not to mingle with the negroes, they refuse to eman-
cipate them.

Not that the inhabitants of the South regard slavery as nec-
essary 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 interest; but they are con-
vinced that, however prejudicial it may be, they hold their
lives upon no other tenure. The instruction which is now dif-
fused in the South has convinced the inhabitants that slavery
is injurious to the slave-owner, but it has also shown them, more
clearly than before, that no means exist of getting rid of its
bad consequences. Hence arises a singular contrast ; the more
the utility of slavery is contested, the more firmly is it estab-
lished in the laws ; and whilst the principle of servitude is grad-
ually abolished in the North, that self-same principle gives rise
to more and more rigorous consequences in the South.

The legislation of the Southern States with regard to slaves,
presents at the present day such unparalleled atrocities as suf-
fice to show how radically the laws of humanity have been per-
verted, and to betray the desperate position of the community
in which that legislation has been promulgated. The Ameri-
cans 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 in-
tellectual securities for the duration of their power. They
have employed their despotism and their violence against the
human mind. In antiquity, precautions were taken to prevent
the slave from breaking his chains ; at the present day measures
are adopted to deprive him even of the desire of freedom. The
ancients kept the bodies of their slaves in bondage, but they

fi, ^ '/

DEMOCRACY IN AMERICA

585

placed no restraint upon the mind and no check upon educa-
tion ; and they acted consistently with their established princi-
ple, since a natural termination of slavery then existed, and
one day or other the slave might be set free, and become the
equal of his master. But the Americans of the South, who
do not admit that the negroes can ever be commingled with
themselves, have forbidden them to be taught to read or to
write, under severe penalties ; and as they will not raise them
to their own level, they sink them as nearly as possible to that
of the brutes.

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 dan-
gerous, when the freed man can never be assimilated to his
former master. To give a man his freedom, and t6 leave him
ni wretchedness and ignominy, is nothing less than to prepare
a future chief for a revolt of the slaves. Moreover, it has long
been remarked that the presence of a free negro vaguely agi-
tates the minds of his less fortunate brethren, and conveys to
them a dim notion of their rights. The Americans of the South
have consequently taken measures to prevent slave-owners from
emancipating their slaves in most cases ; not indeed by a posi-
tive prohibition, but by subjecting that step to various forms
which it is difficult to comply with.

I happened to meet with an old man, in the South of the
Union, who had lived in illicit intercourse with one of lis
negresses, and had had several children by her, who were born
the slaves of their father. He had indeed frequently thought
of bequeathing to them at least their liberty; but years had
elapsed without his being able to surmount the legal obstacles
to their emancipation, and in the mean while 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 ; but they are the nec-
essary and foreseen consequence of the very principle of mod-
ern slavery. When the Europeans chose their slaves from a
Vol. I.— 25

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race differing from their own, which many of them considered
as inferior to the other races of mankind, and whicli they all
repelled with horror from any notion of intimate connection,
they must have believed that slavery would last forever; since
there is no intermediate state which can be durable between
the excessive inequality produced by servitude and the com-
plete equality which originates in independence. The Euro-
peans did imperfectly feel this truth, but without acknowledg-
ing it even to themselves. Whenever they have had to do
with negroes, their conduct has either been dictated by their
interest and their pride, or by their compassion. They first
violated every right of humanity by their treatment of the
negro and they afterwards informed him that those rights
were precious and inviolable. They affected to open their
ranks to the slaves, but the negroes who attempted to pene-
trate into the community were driven back with scorn; and
they have incautiously and involuntarily been led to admit of
freedom instead of slavery, without having the courage to be
wholly iniquitous, or wholly just.

If it be impossible to anticipate a period at which the Ameri-
cans of the South will mingle their blood with that of the
negroes, can they allow their slaves to become free without
compromising their own security? And if they are obliged
to keep that race in bondage in order to save their own families,
may they not be excused for availing themselves of the means
best adapted to that end? The events which are taking place
in the Southern States of the Union appear to me to be at once
the most horrible and the most natural results of slavery.
When I see the order of nature overthrown, and when I hear
the cry of humanity in its vain struggle against the laws, my
indignation does not light upon the men of our own lime who
are the instruments of these outrages ; but I reserve my execra-
tion for those who, after a thousand years of freedom, brought
back slavery into the world once more.

Whatever may be the efforts of the Americans of the South
to maintain slavery, they will not always succeed. Slavery,
which is now confined to a single tract of the civilized earth,
which is attacked by Christianity as unjust, and by political
economy as prejudicial; and which is now contrasted with
democratic liberties and the information of our age, cannot
survive. By the choice of the master, or by the will of the

UKMOCKACY IN AMKKICA

3«7

slave, it will cease ; ami in cither case great calamities may be
expected to ensue. If liberty be refused to the negroes of the
South, they will in the end seize it for themselves by force ; if
it be given, they will abuse it ere long.*

What Auk thk Chances tn Favoh ok thk Duration ok
THii Amkkican Union, and What Danokk.s THuiiATiiN

Reason for which the preponderating force lies in the States rather tlian
in the Union— The Union will only last as long as all the States
choose to belong to it— Causes which tend to keep them united —
Utility of the Union to resist foreign enemies, and to prevent the
existence of foreigners in America— No natural barriers between the
several States — No conllictiag interests to divide them— Reciprocal
interests of the Northern, Southern, and Western States— Intel-
lectual tics of union — Uniformity of opinions — Dangers of the Union
resulting from the different characters and the passions of its citizens
— Character of the citizens in the South and in the North— The rapid
growth of the Union one of its greatest dangers — Progress of the
population to the Northwest — Power gravitates in the same direc-
tion — Passions originating from sudden turns of fortune — Whether
the existing Government of the Union tends to gain strength, or to
lose it — Various signs of its decrease — Internal improvements —
Waste lands— Infl' ns— The Bank— The Tariff— General Jackson.

The maintenance of the existing institutions of the several
States depends in some measure upon the maintenance of the
Union itself. It is therefore important in the first instance to
inquire into the probable fate of the Union. One point may
indeed be assumed at once : if the present confederation were
dissolved, it appears to me to be incontestable that the States
of which it is now composed would not return to their original
isolated condition, but that several unions would then be formed

X [This chapter is no longer applica-
ble to the condition of the negro race
in the United States, since the abolition
of slavery was the result, though not
the object, of the great Civil War, and
the negroes have been raised to the
condition not only of freedtnen, but of
citizens ; and in some States they ex-
ercise a preponderating political power
by reason of their numerical majority.
Tlius, in South Carolina there were in
1870, 389,667 whites and 4iS<8i4 blacks.
But the emancipation of the slaves has
not solved the problem, how two races
BO different and so hostile are to live
together in peace in one country on
equal terms. That problem is as diffi-
cult, perhaps more difficult than ever ;
and to this difficulty the author's re-
marks are still perfectly applicable.]

y [This chapter is one of the most
curious and interesting portions of the
work, because it embraces almost all the
constitutional and social questions which
were raised by the great secession of
the Jouth and decided by the results of
the Civil War. But it must be confessed
that the sagacity of the author is some-
times at fault in these speculations, and
did not save him from considerable er-
rors, which the course of events has
since made apparent. He held that " the
legislators of the Constitution of 1789
were not appointed to constitute the
government of a single people, but to
regulate the association of several
States ; that the Union was formed by
the voluntary agreement of the States,
and in uniting together they have not
forfeited their nationality, nor have

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in the place of one. It is not my intention to inquire into the
principles upon which these new unions would probably be
established, but merely to show what the causes are which may
effect the dismemberment of the existing confederation.

With this object I shall be obliged to retrace some of the
steps which I have already taken, and to revert to topics which
I have before discussed. I am aware that the reader may ac-
cuse me of repetition, but the importance of the matter which
still remains to be treated is my excuse ; I had rather say too
much, than say too little to be thoroughly understood, and I
prefer injuring the author to slighting the subject.

The legislators who formed the Constitution of 1789 en-
deavored to confer a distinct and preponderating authority
upon the federal power. But they were confined by the con-
ditions of the task which they had undertaken to perform. They
were not appointed to constitute the government of a single
people, but to regulate the association of several States ; and,
whatever their inclinations might be, they could not but divide
the exercise of sovereignty in the end.

In order to understand the consequences of this division, it

they been reduced to the condition of
one and the same people." Whence he
inferred that " if one of the States chose
to withdraw its name from the contract.
It would be difficult to disprove its right
of doing so ; and that the Federal Gov-
ernment would have no means of main-
taining its claims directly, either by
force or by right." This is the Southern
theory of the Constitution, and the
whole case of the South in favor of se-
cession. To many Europeans, and t.
some American (Northern) jurists, this
view appeared to be sound ; but it was
vigorously resisted by the North, and
crushed by force of arms.

The author of this book was mistaken
in supposing that the " Union was a
vast body which presents no definite
object to patriotic feeling." When the
day of trial came, millions of men were
ready to lay down their lives for it. Hr
was also mistaken in supposing that the
Federal Executive is so weak that it
requires the free consent of the governed
to enable it to subsist, and that it would
be defeated in a struggle to maintain the
Union against one or more separate
States. In 1861 nine States, with a pop-
ulation of 8,753,000, seceded, and main-
tained for four years a resolute but un-
equal contest for independence, but they
were defeated.

Lastly, the author was mistaken in
•tipposing that a community of interests
would always prevail between North and
South sufficiently powerful to bind them
tofictlicr. lie ovi'rlnnkcd the influence
which the question of slavery must have

on the Union the moment that the ma-
jority of the people of the North de-
clared against it. In 1831, when the
author visited America, the anti-slavery
agitation had scarcely begun ; and the
fact of Southern slavery was accepted
by men of all parties, even in the States
where there were no slaves : and that
was unquestionably the view taken by
rll the States and by all American states-
.. fn at the time of the adoption of the
' institution, in 1789. But in the course
01 thirty years a great change took place,
and the North refused to perpetuate
what had become the " peculiar insti-
tution " of the South, especially as it
gave the South a species of aristocratic
preponderance. The result was the rati-
fication, in December, 1865, of the cele-
brated 13th article or amendment of
the Constitution, which declared that
" neither slavery nor involuntary servi-
tude — except as a punishment for crime
— shall exist within the United States."
To which was soon afterwards added
the isth article, " The right of citizens
to vote shall not be denied or abridged
by the United States, or by any State,
on account of race, color, or previous
servitude." The emancipation of sev-
eral millions of negro slaves without
compensation, and the transfer to them
of political preponderance in the States
in which they outnumber the white
population, were acts of the North
totally opposed to the interests of the
South, and which could only have been
carried into effect by conquest.— TraMi-
lator's Note.}

DEMOCRACY IN AMERICA

389

is necessary to make a short distinction between the affairs of
the Government. There are some objects which are national
by their very nature, that is to say, which affect the nation as a
body, and can only be intrusted to the man or tJic assembly of
men who most completely represent the entire nation.
Amongst these may be reckoned war and diplomacy. There
are other objects which are provincial by their very nature,
that is to say, which only affect certain localities, and which can
only be properly treated in that locality. Such, for instance, is
the budget of a municipalit}'. Lastly, there are certain objects
of a mixed nature, which are national inasmuch as they affect
all the citizens who compose the nation, and which are provin-
cial inasmuch as it is not necessary that the nation itself should
provide for them all. Such are the rights which regulate the
civil and political condition of the citizens. No society can
exist without civil and political rights. These rights therefore
interest all the citizens alike ; but it is not always necessary to
the existence and the prosperity of the nation that these rights
should be uniform, nor, consequently, that they should be regu-
lated by the central authority.

There are, then, two distinct categories of objects which are
submitted to the direction of the sovereign power; and these
categories occur in all well-constituted communities, whatever
the basis of the political constitution may otherwise be. Be-
tween these two extremes the objects which I have termed
mixed may be considered to lie. As these objects are neither
exclusively national nor entirely provincial, they may be ob-
tained by a national or by a provincial government, according
to the agreement of the contracting parties, without in any way
impairing the contract of association.

The sovereign power is usually formed by the union of sepa-
rate individuals, who compose a people ; and individual powers
or collective forces, each representing a very small portion of
the sovereign authority, are the sole elements which are sub-
jected to the general Government of their choice. In this case
the general Government is more naturally called upon to regu-
late, not only those affairs which are of essential national im-
portance, but those which are of a more local interest ; and the
local governments are reduced to that small share of sovereign
authority which is indispensable to their prosperity.

But sometimes the sovereign authority is composed of pre-

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organized political bodies, by virtue of circumstances anterior
to their union ; and in this case the provincial governments as-
sume the control, not only of those affairs which more peculiarly
belong to their province, but of all, or of a part of the mixed af-
fairs to which allusion has been made. For the confederate
nations which were independent sovereign States before their
union, and which still represent a very considerable share of
the sovei cign power, have only consented to cede to the general
Government the exercise of those rights which are indispensa-
ble to the Union.

When the national Government, independently of the pre-
rogatives inherent in its nature, is invested with the right of
regulating the affairs which relate partly to the general and
partly to the local interests, it possesses a preponderating influ-
ence. Not only are its own rights extensive, but all the rights
which it does not possess exist by its sufferance, and it may be
apprehended that the provincial governments may be deprived
of their natural and necessary prerogatives by its influence.

When, on the other hand, the provincial governments are
invested with the power of regulating those same affairs of
mixed interest, an opposite tendency prevails in society. The
preponderating force resides in the province, not in the nation ;
and it may be apprehended that the national Government may
in the end be stripped of the privileges which are necessary to
its existence.

Independent nations have therefore a natural tendency to
centralization, and confederations to dismemberment.

It now only remains for us to apply these general principles to
the American Union. The several States were necessarily
possessed of the right of regulating all exclusively provincial
affairs. Moreover these same States retained the rights of de-
termining the civil and political competency of the citizens, or
regulating the reciprocal relations of the members of the com-
munity, and of dispensing justice ; rights which are of a general
nature, but which do not necessarily appertain to the national
Government. We have shown that the Government of the
Union is invested with the power of acting in the name of the
whole nation in those cases in which the nation has to appear as
a single and undivided power ; as, for instance, in foreign rela-
tions, and in offering a common resistance to a common enemy ;
in short, in conducting those affairs which I have styled exclu-
sively national.

1. '

ilT!;

DEMOCRACY IN AMERICA

in this division of the rights of sovereignty, the share of the
Union seems at first sight to be more considerable than that of
the States ; but a more attentive investigation shows it to be
less so. The undertakings of the Government of the Union
are more vast, but their influence is more rarely felt. Those of
the provincial governments are comparatively small, but they
are incessant, and they serve to keep alive the authority which
they represent. The Government of the Union watches the
general interests of the country ; but the general interests of a
people have a very questionable influence upon individual hap-
piness, whilst provincial interests produce a most immediate
effect upon the welfare of the inhabitants. The Union secures
the independence and the greatness of the nation, which do not
immediately affect private citizens ; but the several States main-
tain the liberty, regulate the rights, protect the fortune, and
secure the life and the whole future prosperity of every citizen.

The Federal Government is very far removed from its sub-
jects, whilst the provincial governments are within the reach of
them all, and are ready to attend to the smallest appeal. The
central Government has upon its side the passions of a few
superior men who aspire to conduct it; but upon the
side of the provincial governments are the interests of all
those second-rate individuals who can only hope to obtain
power w.thin their own State, and who nevertheless exercise
the largest share of authority over the people because they are
placed nearest to its level. The Americans have therefore
much more to hope and to fear from the States than from the
Union; and, in conformity with the natural tendency of the
human mind, they are more likely to attach themselves to the
former than to the latter. In this respect their habits and feel-
ings harmonize with their interests.

When a compact natirn divides its sovereignty, and adopts
a confederate form of government, the traditions, the customs,
and the manners of the people are for a long time at variance
with their legislation ; and the former tend to give a degree of
influence to the central government which the latter forbius.
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 re-
public like that of the United States, the government would at
first display more energy than that of the Union ; and if the

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DE TOCQUEVILLE

Union were to alter its constitution to a monarchy like that of
France, I think that the American Government would be a
long time in acquiring the force which now rules the latter
nation. When the national existence of the Anglo-Americans
began, their provincial existence was already of long standing ;
necessary relations were established between the townships and
the individual citizens of the same States ; and they were accus-
tomed to consider some objects as common to them all, and to
conduct other affairs as exclusively relating to their own special
interests.

The Union is a vast body which presents no definite object
to patriotic feeling. The forms and limits of the State are dis-
tinct and circumscribed ; since it represents a certain number of
objects which are familiar to the citizens and beloved by all.
It is identified with the very soil, with the right of property and
the domestic affections, with the recollections of the past, the
labors of the present, and the hopes of the future. Patriotism,
then, which is frequently a mere extension of individual ego-
tism, is still directed to the State, and is not excited by the
Union. Thus the tendency of the interests, the habits, and the
feelings of the people is to centre political acti *rity in the States,
in preference to the Union.

It is easy to estimate the different forces of the two govern-
ments, by remarking the manner in which they fulfil their re-
spective functions. Whenever the government of a State has
occasion to address an individual or an assembly of individuals,
its language is clear and imperative ; and such is also the tone
of the Federal Government in its intercourse with individuals,
but no sooner has it anything to do with a State than it begins
to parley, to explain its motives and to justify its conduct, to
argue, to advise, and, in short, anything but to command. If
doubts are raised as to the limits of the constitutional powers of
each government, the provincial government prefers its claim
with boldness, and takes prompt and energetic steps to support
it. In the mean while the Government of the Union reasons ;
it appeals to the interests, to the good sense, to the glory of the
nation ; it temporizes, it negotiates, and does not consent to act
until it is reduced to the last extremity. At first sight it might
readily be imagined that it is the provincial government which
is armed with the authority of the nation, and that Congress rep-
resents a single State.

DEMOCRACY IN AMERICA

393

The Federal Government is, therefore, notwithstanding the
precautions of those who founded it, naturally so weak that it
more peculiarly requires the free consent of the governed to
enable it to subsist. It is easy to perceive that its object is to
enable the States to realize with facility their determination of
remaining united; and, as long as this preliminary condition
exists, its authority is great, temperate, and effective. The Con-
stitution fits the Government to control individuals, and easily
to surmount such obstacles as they may be inclined to offer ; but
it was by no means established with a view to the possible sep-
aration of one or more of the States from the Union.

If the sovereignty of the Union were to engage in a struggle
with that of the Stotes at the present day, its defeat may be confi-
dently predicted; and it is not probable that such a struggle
would be seriously undertaken. As often as a steady resistance
is offered to the Federal Government it will be found to yield.
Experience has hitherto shown that whenever a State has de-
manded anything with perseverance and resolution, it has in-
variably succeeded ; and that if a separate government has dis-
tinctly refused to act, it was left to do as it thought fit.^

But even if the Government of the Union had any strength
inherent in itself, the physical situation of the country would
render the exercise of that strength very difficult.o The United
States cover an immense territory ; they are separated from each
other by great distances; and the population is disseminated
over the surface of a country which is still half a wilderness.
If the Union were to undertake to enforce the allegiance of the
confederate States by military means, it would be in a position
very analogous to that of England at the time of the War of
Independence.

However strong a government may be, it cannot easily escape
from the consequences of a principle which it has once admit-
ted as the foundation of its constitution. The Union was
formed by the voluntary agreement of the States ; and, in unit-
ing together, they have not forfeited their nationality, nor have

I ■

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s See the conduct of the Northern
States in the war of 1812. " During that
war," says Jefferson in a letter to Gen-
eral Lafayette, " four of the Eastern
States were only att-,-'.ied to the Union,
like so many inanimate bodies to living
men."

a The profound peace of the Union af-
fords no pretext for a standing army ;

and without a standinn; army a govern-
ment is not prepared to profit by a
favorable opportunity to conquer re-
sistance, and take the sovereign power
by surprise. [This note, and the para-
graph in the text which precedes, have
been shown by the results of the Civil
War to be a misconception of the
writer.]

394

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they been reduced to the condition of one and the same people.
If one of the States chose to withdraw its name from the con-
tract, it would be difficult to disprove its right of doing so ; and
the Federal Government would have no means of maintaining
its claims directly, either by force or by right. In order to en-
able the Federal Government easily to conquer the resistance
which may be offered to it by any one of its subjects, it would
be necessary that one or more of them should be specially inter-
ested in the existence of the Union, as has frequently been the
case in the history of confederations.

If it be supposed that amongst the States which are united
by the federal tie there are some which exclusively enjoy the
principal advantages of union, or whose prosperity depends on
the duration of that union, it is unquestionable that they will
always be ready to support the central Government in enforcing
the obedience of the others. But the Government would then
be exerting a force not derived from itself, but from a principle
contrary to its nature. States form confederations in order to
derive equal advantages from their union ; and in the case just
alluded to, the Federal Government would derive its power from
the unequal distribution of those benefits amongst the States.

If one of the confederate States have acquired a preponder-
ance sufficiently great to enable it to take exclusive possession
of the central authority, it will consider the other States as sub-
ject provinces, and it will cause its own supremacy to be re-
spected under the borrowed name of the sovereignty of the
Union. Great things may then be done in the name of the
Federal Government, but in reality that Government will have
ceased to exist.fr In both these cases, the power which acts in
the name of the confederation becomes stronger the more it
abandons the natural state and the acknowledged principles of
confederations.

In America the existing Union is advantageous to all the
States, but it is not indispensable to any one of them. Several
of them might break the federal tie without compromising the
welfare of the others, although their own prosperity would be
lessened. As the existence and the happiness of none of the
States are wholly dependent on the present Constitution, they

b Thus the province of Holland in the
republic of the Low Countries, and
the Emperor -n the Germanic Confed-
eration, hav times put themselves

in the place of the union, and have em-
ployed the federal authority to their own
advantage.

DEMOCRACY IN AMERICA

395

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 the main-
tenance of the existing Union. They certainly do not all exer-
cise 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.

It appears to me unquestionable that if any portion of the
Union seriously desired to separate itself from the other States,
they would not be able, nor indeed would they attempt, to pre-
vent it ; and that the present Union will onl); last as long as the
States which compose it •--".'-e to continue membeis of the
confederation. If this poin. o admitted, the question becomes
less difficult; and our object is, not to inquire whether the
States of the existing Union are capable of separating, but
whether they will choose to remain united.

Amongst the various reasons which tend to render the exist-
ing Union useful to the Americans, two principal causes are
peculiarly evident to the observer. Although the Americans
are, as it were, alone upon their continent, their commerce
makes them the neighbors of all the nations with which they
trade. Notwithstanding their apparent isolation, the Ameri-
cans require a certain degree of strength, which they cannot
retain otherwise than by remaining united to each othe;. If
the States were to split, they would not only diminish the
strength which they are now able to display towards foreign
nations, but they would soon create foreign powers upon their
own territory. A system of inland custom-houses would then
be established ; the valleys would be divided by imaginary boun-
dary lines ; the courses of the rivers would be confined by terri-
torial distinctions; and a multitude of hindrances would pre-
vent the Americans from exploring the whole of that vast conti-
nent which Providence has allotted to them for a dominion. At
present they have no invasion to fear, and consequently no
standing armies to maintain, no taxes to levy. If the Union
were dissolved, all these burdensome measures might ere long
be required. The Americans are then very powerfully inter-
ested in the maintenance of their Union. On the other hand,
it is almost impossible to discover any sort of material interest
which might at present tempt a portion of the Union to separate
from the other States.

When we cast our eyes upon the map of the United States,

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we perceive the chain of the Alleghany Mountains, running
from the northeast to the southwest, and crossing nearly one
thousand miles of country ; and we are led to imagine that the
design of ProviOcnce was to raise between the valley of the Mis-
sissippi and the coast of the Atlantic Ocean one of those natural
barriers which break the mutual intercourse of men, and form
the necessary limits of different States. But the average height
of t.ie Alleghanies does not c-^ceed 2,500 feet; their greatest
elevation is not f ^ve 4,000 feet ; their rounded summits, and
the spacious valleys which they conceal within their passes, are
of easy access from several sides. Besides which, the principal
livers which fall into the Atlantic Ocean — the Hudson, the Sus-
quehanna, and the Potomac — take their rise beyond the Alle-
ghanies, in an open district, which borders upon the valley of
the Mississippi. These streams qait 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 to man. No natural ^ .ier exists
in the regions which are now inhabited by the jlo- Ameri-
cans ; the Alleghanies 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 they extend as much to the west
as to the east of the line. The territory now occupied by the
twenty-four States of the Union, and the three great districts
which have not yet acquired the rank of States, although they
already contain inhabitants, covers a surface of 1,002,600
square miles,c which is about equal to five times the extent of
France. Within these limits the qualities of the soil, the tem-
perature, and the produce of the country, are extremely various.
The vast extent of territory occupied by the Anglo-American
republics has given rise to doubts as to the maintenance of their
Union. Here a distinction must be made; contrary interests
sometimes arise in the different provinces of avast empire, which
often terminate in open dissensions ; and the extent of the coun-
try is then most prejudicial to the power of the State. But if the
inhabitants of these vast regions are not divided by contrary in-

e See " Darby's View of the United
States," p. 435. [In 1890 the number of
States and Territories had increased to
51, the population to 62,831,900, and the
area of the States, 3,602,990 square miles.
This does not include the Philippine
Islands, Hawaii, or Porto Rico. A con-
servative estimate of the population of

the Philippine Islands is 8,000,000; that
of Hawaii, by the census of 1897, was
given at 109,020; and the present esti-
mated population of Porto Kico is 900,-
000. The area of the Philippine Islands
is about 120,000 square miles, that of Ha-
waii is 6.7<io square miles, and the area
of Porto Rico is about 3,600 square miles.]

' I'.J

DEMOCRACY IN AMERICA

397

terests, the extent of the territory may be favorable to their
prosperity ; for the unity of the government promotes the inter-
change of the different productions of the soil, and increases
their value by facilitating their consumption.

It is indeed easy to discover different interests in the diflfer-
ent parts of the Union, but I am unacquainted with any which
are hostile to each other. The Southern States are almost ex-
clusively agricultural. The Northern States are more pecu-
liarly commercial and manufacturing. The States of the West
are at the same time agricultural and manufacturing. In the
South the crops consist of tobacco, of rice, of cotton, and of
sugar ; in the North and the West, of wheat and maize. These
are different sources of wealth ; but union is the means by which
these sources are opened to all, and rendered equally advan-
tageous to the several districts.

The North, which ships the produce of the Anglo-Americans
to all parts of the world, and brings back the produce of the
globe to the Union, is evidently interested in maintaining the
confederation in its present condition, in order that the number
of American producers and consumers may remain as large as
possible. The North is the most natural agent of communica-
tion 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 efficaciously. The South and
the West have no vessels, but they cannot refuse a willing sub-
sidy to defray the expenses of the navy; for if the fleets of
Europe were to blockade the ports of the South and the delta
of the Mississippi, what would become of the rice of the Caro-
linas, the tobacco of Virginia, and the sugar and cotton which
grow in the valley of the Mississippi? Every portion of the
federal budget does therefore contribute to the maintenance of
material interests which are common to all the confederate
States.

f I

' :

398

DE TOCQUEVILLE

I ),

■; !'-.-v

if 7.

(r
it •' . ' '

U!-

Independently ol this commercial utility, the South and the
West of the Union derive great political advantages from their
connection with the North. The South contains an enormous
slave population ; a population which is already alarming, and
still more formidable for the future. The States of the West
lie in the remotest parts of a single valley ; and all the rivers
which intersect their territory rise in the Rocky Mountains or
in the Alleghanies, and fall into the Mississippi, which bears
them onwards to the Gulf of Mexico. The Western States are
consequently entirely cut off, by their position, from the tradi-
tions of Europe and the civilization of the Old World. The
inhabitants of the South, then, are induced to support the Union
in order to avail themselves of its protection against the blacks ;
and the inhabitants of the West in order not to be excluded
from a free communication with the rest of the globe, and shut
up in the wilds of central America. The North cannot but de-
sire the maintenance of the Union, in order to remain, as it now
is, the connecting link between that vast body and the other
parts of the world.

The 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 I confess that I do not rely
upon that calculating patriotism which is founded upon in«:er-
est, and which a change in the interests at stake may obliterate.
Nor do I attach much importance to the language of the Ameri-
cans, when they manifest, in their daily conversations, the in-
tention of maintaining the federal system adopted by their fore-
fathers. A government retains its sway over a great number
of citizens, far less by the voluntary and rational consent of the
multitude, than by that instinctive, and to a certain extent in-
voluntary agreement, which results from similarity of feelings
and resemblances of opinion. I ^w^\^ *">ever admit that men con-
stitute a social body, simply becau. they obey the same head
and the same laws. Society can only exist when a great num-
ber of men consider a great number of things in the same point
of view ; when they hold the same opinions upon many subjects,
and when the same occurrences suggest the same thoughts and
impressions to their minds.

DEMOCRACY IN AMERICA

399

The observer who examines the present condition of the
United States upon tiiis principle, will readily discover, that
although the citizens are divided into twenty-four distinct sov-
ereignties, they nevertheless constitute a single people ; and he
may perhaps be led to think that the state of the Anglo-Ameri-
can Union is more truly a state of society than that of certain
nations of Europe which live under the same legislation and
the same prince.

Although the Anglo-Americans have several religious sects,
they all regard religion in the same manner. They arc not
always agreed upon the measures which are most conducive to
good government, and they vary upon some of the forms of
government which it is expedient to adopt ; but they are unani-
mous 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. The 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
actions of life and govern their conduct, we shall still find the
same uniformity. The Anglo-Americans d acknowledge the
absolute moral authority of the reason of the community, as
they acknowledge the political authority of the mass of citizens ;
and they hold that public opinion is the surest arbiter of what
is lawful or forbidden, true or false. The majority of them be-
lieve that a man will be led to do what is just and good by fol-
lowing his own interest rightly understood. They hold that
every man is born in possession of the right of self-government,
and that no one has the right of constraining his fellow-
creatures to be happy. They have all a lively faith in the per-
fectibility of man ; they are of opinion that the effects of the
diffusion of knowledge must necessarily be advantageous, and
the consequences of ignorance fatal ; they all consider society
as a body in a state of improvement, humanity as a changing
scene, in which nothing is, or ought to be, permanent ; and they

olt is scarcely necessary for me to
observe that by the expression Anglo-
Americans. I only mean to desi);nate the
great majority of the nation ; for a cer-

tain number of isolated individuals are
of course to be met with holding very
different opinions.

400

DE TOCQUEVILLE

\ I

\ ., ';!

'J I

I -'

admit that what appears to them to he pood to-day may be
superseded by something better to-morrow. 1 do not give all
these opinions as true, but I quote them as characteristic of the
Americans.

The Anglo-Americans are not only united together by these
common opinions, but they are separated from all other na-
tions by a common feeling of pride. For the last fifty years no
pains have been spared to convince the inhabitants of the United
States that they constitute the only religious, enlightened, and
free people. They perct've that, for the present, their own
democratic institutions succeed, whilst those of other countries
fail ; hence they 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.

The dangers which threaten the American Union do not
originate in the 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 almost
all the issue of a common stock ; but the effects of the climate,
and more especially of slavery, have gradually introduced very
striking differences between the British settler of the Southern
States and the British settler of the North. In Europe it is gen-
erally 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
exercised upon the commercial ability of the Americans in the
South ; and this same influence equally extends to their man-
ners. The slave is a servant who never remonstrates, and who
submits to everything without complaint. He may sometimes
assassinate, but he never withstands, his master. In the South
there are no families so poor as not to have slaves. The citizen
of the Southern States of the Union is invested with a sort of
domestic dictatorship, from his earliest years ; the first notion
he acquires in life is that he is born to command, and the first
habit which he contracts is that of being obeyed without resist-
ance. His cdncntion tends, then, to srive him the character of a
supercilious and a hasty man ; irascible, violent, and ardent in

DEMOCRACY IN AMERICA

4*1

his desires, inipatic*iit of obstacles, but easily discouraged if he
cannot succeed upon his first attempt.

The American of the Northern States is surrounded by no
slaves in his childhood ; he is even unattended by free servants,
and 16 usually obliged to provide for his own wants. No sooner
does he enter the world than the idea of necessity assails hini on
every side: he soon learns to know exactly the natural limit
of his authority ; he never expects to subdue those who with-
stand him, by force ; and he knows that the surest means of
obtaining the support of his fellow-creatures, is to win their
favor. He therefore becomes patient, reflecting, tolerant, slow
to act, and persevering in his designs.

In the Southern States the more immediate wants of life are
always supplied ; the inhabitants of those parti are not busied
in the material cares of life, wMch are always provided for by
others ; and their imagination s diverted to more captivating
and less definite objects. The American cf the South is fond of
grandeur, luxury, and renown, of ga) c ly, o; pleasure, and above
all of idleness; nothing obliges him to ' .<ert hitr elf in order
to subsist; and as he has no necessary occupati 7S, he gives
way to indolence, and does not even attempt '/ )at would be
useful.

But the equality of fortunes, and tl e absence of slrv-y in
the North, plunge the inhabitants in t lOse same cares of daily
life which are disdained by the white population of the South.
They are taught from infancy to combat want, and to place
comfort above all the pleasures of the intellect or the heart.
The imagination is extinguished by the trivial details of life, and
the ideas become less numerous and less general, but far more
practical and more precise. As prosperity is the sole aim of ex-
ertion, it is excellently well attained ; nature and mankind are
turned to the best pecuniary advantage, and society is dexter-
ously made to contribute to the welfare of each of its members,
whilst individual egotism '" the source of general happiness.

The citizen of the Nor.' ^- j not only experience, but knowl-
edge : nevertheless he sets but little value upon the pleasures of
knowledge ; he esteems it as the means of attaining a certain
end, and he is only a ixious to seize its more lucrative applica-
tions. The citi/er. 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 de-
VOL. I.— 26

J'l

'.i'

403

DE TOCQUEVILLE

ill

gree of activity, of common-sense, of information, and of gen-
eral aptitude, has the characteristic good and evil quahties 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 dififerent characters, dif-
ferent acquirements, and a dififerent style of civilization, it is
probable that these men will not agree. The same remark is
applicable to a society of nations. Slavery, then, does not
attack the American Union directly in its interests, but indi-
rectly in its manners.

The States which gave their assent to the federal contract in
1790 were thirteen in number; the Union now consists of
thirty-four members. The population, which amounted to
nearly 4,000,000 in 1790, had more than tripled in the space
of forty years; and in 1830 it amounted to nearly 13,000,000.^
Changes of such magnitude cannot take place without some
danger.

A society of nations, as well as a society of individuals, de-
rives its principal chances of duration from the wisdom of its
members, their individual weakness, and their limited number.
The Americans who quit the coasts of the Atlantic Ocean to
plunge into the western wilderness, are adventurers impatient
of restraint, greedy of wealth, and frequently men expelled from
the States in which they were born. When they arrive in the
deserts they are unknown to each other, and they have neither
traditions, family feeling, nor the force of example to check
their excesses. The empire of the laws is feeble amongst them ;
that of morality is still more powerless. The settlers who are
constantly peopling the valley of the Mississippi are, then, in
every respect very inferior to the Americans who inhabit the
older parts of the Union. Nevertheless, they already exercise
a great influence in its councils ; and they arrive at the govern-
ment of the commonwealth before they have learnt to govern
themselves.^

The greater the individual weakness of each of the contract-
ing parties, the greater are the chances of the duration of the
contract ; for their safety is then dependent upon their union.

* Census of 1790, 3,939,328 ; 1830, 12,-
856,165; i860, 31,443,321; 1870, 38,555,983;
1890, 62.831,000.

/ This indeed is only a temporary dan-
ger. I have no doubt that in time so-

ciety will assume as much stability and
reffularity in the West as it has already
done upon the coast of the Atlantic
Ocean.

DEMOCRACY IN AMERICA

403

When, in 1790, the most populous of the American republics
did not contain 500,000 inhabitants,? each of them felt its own
insignificance as an independent people, and this feeling ren-
dered compliance with the federal authority more easy. But
when one of the confederate States reckons, like the State of
New York, 2,000,000 of inhabitants, and covers an extent of
territory equal in surface to a quarter of France,'* it feels its own
strength ; and although it may continue to support the Union
as advantageous to its prosperity, it no longer regards that body
as necessary to its existence ; and as it continues to belong to
the federal compact, it soon aims at preponderance in the
federal assemblies. The probable unanimity of the States is
diminished as their number increases. At present the interests
of the different parts of the Union are not at variance ; but who
is able to foresee the multifarious changes of the future, in a
country in which towns are founded from day to day, and States
almost from year to year ?

Since the first settlement of the British colonies, the number
of inhabitants has about doubled every twenty-two years. I
perceive no causes which are likely to check this progressive
increase of the Anglo-American population for the next hun-
dred years ; and before that space of time has elapsed, I believe
that the territories and dependencies of the United States will
be covered by more than 100,000,000 of inhabitants, and di-
vided into forty States.* I admit that these 100,000,000 of men
have no hostile interests. I suppose, on the contrary, that they
are all equally interested in the maintenance of the Union ; but
I am still of opinion that where there are 100,000,000 of men,
and forty distinct nations, unequally strong, the continuance
of the Federal Government can only be a fortunate accident.

•/

I'i

(P Pennsylvania contained 43i>373 ">•
habitants in 1790 [and 5,258,014 in 1890I.

h The area of the State of New York
is 49,170 square miles. [Sec U. S. cen-
sus report of 1890.]

t If fhe population continues to double
every twenty-two years, as it has done
for the last two hundred years, the num-
ber of inbahitants in the United, States
in 1852 will be twenty millions ; in 1874,
forty-eiRht millions ; and in 1896, ninety-
six millions. This may still be the case
even if the lands on the western slope of
the Rocky Mountains should be found
to be unfit for cultivation. The territory
■which is alreadv occupied can easily
contain this number of inhabitants. One
hundred millions of men disseminated
over the surface of the twenty-four

States, and the three dependencies,
which constitute the Union, would only
give 762 inhabitants to the square
league ; this would be far below the
mean population of France, which is
1,063 to the square league ; or of Eng'

id.

land, which is 1,457 ! and it would even
be below the population of Switzerland,
for that country, notwithstanding its
lakes and mountains, contains 783 in-
habitants to the square league. See
" Malte Brun," vol. vi. p. 92.

[The actual result has fallen somewhat
short of these calculations, in spite of
the vast territorial acquisitions of the
United States: but in 1899 the popula-
tion is probably about eiRhty-seven mil-
lions, including the popul.ntion of the
Philippines, Hawaii, and Porto Rico.]

404

DE TOCQUEVILLE

^ k'(

Whatever faith I may have in the perfectibility of man, until
human nature is altered, and men wholly transformed, I shall
refuse to believe in the duration of a government which is called
upon to hold together forty different peoples, disseminated
over a territory equal to one-half of Europe in extent ; to avoid
all rivalry, ambition, and struggles between them, and to direct
their independent activity to the accomplishment of the same
designs.

But the greatest peril to which the Union is exposed by its
increase arises from the continual changes which take place in
the position of its internal stiength. The distance from Lake
Superior to the Gulf of Mexico extends from the 47th to the
30th degree of latitude, a distance of more than 1,200 miles as
the bird flies. The frontier of the United States winds along the
whole of this immense line, sometimes falling within its limits,
but more frequently extending far beyond it, into the waste. It
has been calculated that the whites advance every year a mean
distance of seventeen miles along the whole of his vast boun-
dary.; Obstacles, such as an unproductive district, a lake or an
Indian nation unexpectedly encountered, are sometimes met
with. The advancing column then halts for a while ; its two
extremities fall b?,ck upon themselves, and as soon as they are
reunited they prc/ceed onwards. This gradual and continuous
progress of the Ei:r'^p''?.n race towards the Rocky Mountains
has the solemnity of a providential event ; it is like a deluge of
men rising unabatedly, and daily driven onwards by the hand of
God.

Within this first line of conquering settlers towns are built,
and vast States founded. In 1790 there were only a few thou-
sand pioneers sprinkled along the valleys of the Mississippi ;
and at the present day these valleys contain as many inhabitants
as were to be found in the whole Union in 1790. Their popu-
lation amounts to nearly 4,000,000.* The city of Washington
was founded in 1800, in the very centre of the Union ; but such
are the changes which have taken place, that it now stands at
one of the extremities ; and the delegates of the most remote
Western States are already obliged to perform a journey as long
as that from Vienna to Paris.^

y See Legislative Documents, aoth
CotiRress, No. 117, p. 105.
A; 3,672,3:7— Census of 1830.
/The distance from Jefferson, the

capital of the State of Missouri, to
Washington is 1,019 miles. (" American
Almanac," 1831, p. 48.)

DEMOCRACY IN AMERICA

405

//(

are

All the States are borne onwards at the same time in the path
of fortune, but of course they do not all increase and prosper
Iri the same proportion. To the North of the Union the de-
tached branches of the Alleghany chain, which extend as far as
the Atlantic Ocean, form spacious roads and ports, which are
constantly accessible to vessels of the greatest burden. But
from the Potomac to the mouth of the Mississippi the coast is
sandy and flat. In this part of the Union the mouths of almost
all the rivers are obstructed ; and the few harbors which exist
amongst these lagoons aflford much shallower water to ves-
sels, 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
prosperity of the planter himself.

The North is therefore superior to the South both in com-
merce *n and manufacture ; the natural consequence of which is
the more rapid increase of population and of wealth within its
borders. The States 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 rea-
son, added to all the others, contributes to drive the Europeans
westward — a fact which may be rigorously demonstrated by

m The followinf? statements will suffice
to show the difference which exists be-
tween the commerce of the South and
that of the North:—

In 1829 the tonnage of all the mer-
chant vessels belonging to Virginia, the
two Carolinas, ancf Georgia (the four
great Southern States), amounted to
only 5,243 tons. In the same year the
tonnage of the vessels of the State of
Massachusetts alone amounted to 17,322
tons. (See Legislative Documents, 21st
Congress, 2d session. No. 140, p. 244.)
Thus the State of Massachusetts had
three times as much shipping as the
four above-mentioned States. Neverthe-
less the area of the State of Massachu-
setts is only 7,33s square miles, and its
population amounts to 610,014 inhabi-
tants [2,238,943 in 1890]; whilst the area
of the four other States I have quoted is
210,000 square miles, and their popula-
tion 3,047,767. Thus the area of the

State of Massachusetts forms only one-
thirtieth part of the area of the four
States; and its population is five times
smaller than theirs. (See " Darby's
View of the United States.'") Slavery
is prejudicial to the commercial pros-
perity of the South in several different
ways; by diminishing the spirit of enter-
prise amongst the whites, and by pre-
venting them from meeting with as
numerous a class of sailors as they re-
quire. Sailors are usually taken from
the lowest ranks of the population. Hut
in the Southern States these lowest
ranks are composed of slaves, and it is
very difficult to employ them at sea.
They are unable to serve as well as a
white crew, and apprehensions would
always be entertained of their mutiny-
ing tn the middle of the ocean, or of
their escaping in the foreign countries
at which they might touch.

406

DE TOCQUEVILLE

figures. It is found that the sum total of the population of all
the United States has about tripled in the course of forty years.
But in the recent States adjacent to the Mississippi, the popula-
tion has increased thirty-one-fold, within the same space of
time.w

The relative position of the central federal power is continu-
ally 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 Alleghanies. 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 Government. In thirty or forty years,
that tract of country will have assumed the rank which naturally
belongs to it. It is easy to calculate that its population, com-
pared to that of the coast of the Atlantic, will be, in round num-
bers, as 40 to II. In a few years the States which founded the
Union will lose the direction of its policy, and the population of
the valley of the Mississippi will preponderate in the federal
assemblies.

This constant gravitation of the federal power and influence
towards the northwest is shown every ten years, when a general
census of the population is made, and the number of delegates
which each State sends to Congress is settled afresh.o In 1790
Virginia had nineteen representatives in Congress. This num-
ber 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

M " Darby's View of the United
States," p. d44.

It may be seen that in the course
of the last ten years (1820-1830) the pop-
ulation of one district, as, for instance,
the State of Delaware, has increased in
the proportion of five per cent. ; whilst
that of another, as the territory of
Michigan, has increased 250 per cent.
Thus the population of Virginia had
augmented thirteen per cent., and that
of the border State of Ohio sixty-one
per cent., in the same space of time.
The general table of these changes,
which is given in the " National Calen-
dar," displays a striking picture of the
unequal fortunes of the different States.

p It has iust been said that in the
course of the last term the population
of Virginia has increased thirteen per

cent. ; and it is necessary to explain how
the number of representatives for a State
may decrease, when the population of
that State, far from diminishing, is act-
ually upon the increase. I take the
State of Virginia, to which I have al-
ready alluded, as my term of compari-
son. The number of representatives of
Virginia in 1823 was proportionate to
the total number of the representatives
of the Union, and to the relation which
the population bore to that of the
whole Union: in 1833 the number of
renresentatives of Virginia was likewise
proportionate to the total number of
the representatives of the Union, and to
the relation which its population, aug-
mented in the course of ten years, bore
to the augmented population of the
Union in the same space of time. The

DEMOCRACY IN AMERICA

407

1 Of all

years.

opula-

■>ace of

same period the State of New York progressed in the contrary
direction: in 1790 it had ten representatives in Congress; in
1813, twenty-seven; in 1823, thirty-four; and in 1833, forty.
The State of Ohio had only one representative in 1803, and in
i(833 it had already nineteen.

It is difficult to imagine a durable union of a people which is
rich and strong with one which is poor and weak, even if it
were proved that the strength and wealth of the one are not
the causes of the weakness and poverty of the other. But union
is still more difficult to maintain at a time at which one party is
losing strength, and the other is gaining it. This rapid and dis-
proportionate increase of certain States threatens the inde-
pendence of the others. New York might perhaps succeed,
with its 2,000,000 of inhabitants and its forty representatives,
in dictating to the other States in Congress. But even if the
more powerful States make no attempt to bear down the lesser
ones, the danger still exists ; for there is almost as much in the
possibility of the act as in the act itself. The weak generally
mistrust the justice and the reason of the strong. The States
which increase less rapidly than the others look upon those
which are more favored by fortune with envy and suspicion.
Hence arise the deep-seated uneasiness and ill-defined agita-
tion which are observable in the South, and which form so strik-
ing a contrast to the confidence and prosperity which are com-
mon to other parts of the Union. I am inclined to think that the
hostile measures taken by the Southern provinces upon a re-
cent occasion are attributable to no other cause. The inhab-
itants of the Southern States are, of all the Americans, those
who are most interested in the maintenance of the Union ; they
would assuredly suffer most from jjeing left to themselves ; and
yet they are the only citizens who threaten to break the tie of
confederation. But it is easy to perceive that the South, which
has given four Presidents, Washington, Jefferson, Madison,
and Monroe, to the Union, which perceives that it is losing its

new number ol Virginian representa-
tives will then be to the old number, on
the one hand, as the new number of all
the representatives is to the old num-
ber; and, on the other hand, as the aug-
mentation of the population of Virsinia
is to that of the whole population of the
country. Thus, if the increase of the
population of the lesser country be to
that of the Rreater in an exact inverse
ratio of the proportion between the new
and the old numbers of all the repre-

sentatives, the number of the represen-
tatives of Virginia will remain station-
ary ; and if the increase of the Virginian
population be to that of the whole
Union in a feebler ratio than the new
number of the representatives of the
Union to the old number, the number
nf the representatives of Virginia must
decrease. [Thus, to the s6th Congress
in 1899, Virginia and West Virginia send
only fourteen representatives.]

4od

t)E TOCQUEVILLE

federal influence, and that the number of its representatives in
Congress is diminishing from year to year, whilst those of the
Northern and Western States are increasing ; the South, which
is peopled with ardent and irascible beings, is becoming more
and more irritated and alarmed. The citizens reflect upon their
present position and remember their past influence, with the
melancholy uneasiness of men who suspect oppression : if they
discover a law of the Union which is not unequivocally favor-
able to their interests, they protest against it as an abuse of
force; and if their ardent remonstrances are not listened to,
they threaten to quit an association which loads them with bur-
dens whilst it deprives them of their due profits. " The tariff,"
said the inhabitants of Carolina in 1832, " enriches the North,
and ruins the South ; for if this were not the case, to what can
we attribute the continually increasing power and wealth of the
North, with its inclement skies and arid soil ; whilst the South,
which may be styled the garden of America, is rapidly declin-
ing? "g

If the changes which I have described were gradual, so that
each generation at least might have time to disappear with the
order of things under which it had lived, the danger would be
less ; but the progress of society in America is precipitate, and
almost revolutionary. The same citizen may have lived to see
his State take the lead in the Union, and afterwards become
powerless in the federal assemblies; and an Anglo-American
republic has been known to grow as rapidly as a man passing
from birth and infancy to maturii in the course of thirty years.
It must not be imagined, however, that the States which lose
their preponderance, also lose their population or their riches :
no stop is put to their prosperity, and they even go on to in-
crease more rapidly than any kingdom in Europe.*" But they
believe themselves to be impoverished because their wealth
does not augment as rapidly as that of their neighbors ; any
they think that their power is lost, because they suddenly com-j

g See the report of its committee to
the Convention which ijroclaimed the
nullification of the tariff in South Caro-
lina.

r The population of a country assur-
edly constitutes the first element of its
wealth. In the ten years (1820-1850)
durini; which Virpinia lost two of its
representatives in Congress, its popula-
tion increased in the proportion of 13.7
per cent.; that of Carolina in the pro-

portion of fifteen per cent. ; and that of
Georgia, 15.5 per cent. (See the " Amer-
ican Almanac," 1832, p. 162.) But the
population of Russia, which increases
more rapidly than that of any other
European country, only augments in
ten years at the rate of 9.5 per cent.; in
France, at the rate of seven per cent. ;
and in Europe in general, at the rate of
4.7 per cent. (See " Malte Brun," vol.
vi. p. 9S.)

■fv

DEMOCRACY IN AMERICA

409

: .'

into collision with a power greater than their own : s thus they
are more hurt in their feelings and their passions than in their
interests. But this is amply sufficient to endanger the main-
tenance of the Union. If kings and peoples had only had their
true interests in view ever since the beginning of the world,
the name of war would scarcely be known among mankind.

Thus the prosperity of the United States is the source of the
most serious dangers that threaten them, since it tends to create
in some of the confederate States that over-excitement which
accompanies a rapid increase of fortune; and to awaken in
others those feelings of envy, mistrust, and regret which usually
attend upon the loss of it. The Americans contemplate this ex-
traordinary 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 ofifset will cover almost the whole
of North America; the continent which they inhabit is their
dominion, and it cannot escape them. What urges them to
take possession of it so soon? Riches, power, and renown
cannot fail to be theirs at some future time, but they rush upon
their fortune as if but a moment remained for them to make
it their own.

I think that I have demonstrated that the existence of the
present confederation depends entirely on the continued assent
of all the confederates; and, starting from this principle, I
have inquired into the causes which may induce the several
States to separate from the others. The Union may, however,
perish in two different ways: one of the confederate States
may choose to retire from the compact, and so forcibly 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 Fed-
eral Government may be progressively entrenched on by the
simultaneous tendency of the united republics to resume their
independence. The central power, successively stripped of all
its prerogatives, and reduced to impotence by tacit consent,
would become incompetent to fulfil its purpose ; and the second
Union would perish, like the first, by a sort of senile inaptitude.
The gradual weakening of the federal tie, which may finally lead

// i

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. /

S It must be admitted, however, ttiat
the depreciation which has taken place
in the value of tobacco, durinis: the last
fifty years, has notably diminished the

opulence of the Southern planters: but
this circumstance is as independent of
the will of their Northern brethren as
it is of their own.

* !■

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DE TOCQUEVILLE

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to the dissolution of the Union, is a distinct circumstance, that
may produce a variety of minor consequences before it operates
so violent a change. The confederation might still subsist, al-
though its Government were reduced to such a degree of inani-
tion as to paralyze the nation, to cause internal anarchy, and to
check the general prosperity of the country.

After having investigated the causes which may induce the
Anglo-Americans to disunite, it is important to inquire whether,
if the Union continues to subsist, their Government will extend
or contract its sphere of action, and whether it will become
more energetic or more weak.

The Americans are evidently disposed to look upon their
future condition with alarm. They perceive that in most of the
nations of the world the exercise of the rights of sovereignty
tends to fall under the control of a few individuals, and they
are dismayed by the idea that such will also be the case in their
own country. Even the statesmen feel, or affect to feel, these
fears ; for, in America, centralization is by no means popular,
and there is no surer means of courting the majority than by
inveighing against the encroachments of the central power.
The Americans do not perceive that the countries in which this
alarming tendency to centralization exists are inhabited by a
single people ; whilst the fact of the Union being composed of
different confederate communities is sufficient to baffie all the
inferences which might be drawn from analogous circum-
stances. I confess that I am inclined to consider the fears of a
great number of Americans as purely imaginary ; and far from
participating in their dread of the consolidation of power in the
hands of the Union, I think that the Federal Governmei 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 the United
States will easily convince us that two opposite tendencies ex-
ist in that country, like two distinct currents flowing in contrary
directions in the same channel. The Union has now existed for
forty-five years, and in the course of that time a vast number
of provincial prejudices, which were at first hostile to its power,
have died away. The patriotic feeling which attached each of
the Americans to his own native State is become less exclusive ;

t I

DEMOCRACY IN AMERICA

4*1

and the different parts of the Union have become more inti-
mately connected the better they have become acquainted with
each other. The post,* that great instrument of intellectual in-
tercourse, now reaches into the backwoods; and steat.iboats
have established daily means of communication between the
different points of the coast. An inland navigation of unex-
ampled rapidity conveys commodities up and down the rivers
of the country." 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 i-ito active
life, and bringing him into contact with his fellow-citizens. He
crosses the country in every direction ; he visits all the various
populations of the land ; and there is not a province in France
in which the natives are so well known to each other as the
13,000,000 of men who cover the territory of the United States.

But whilst the Americans intermingle, they grow in resem-
blance of each other ; the differences 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
the Union : they bring with them their faith, their opinions, and
their manners ; and as they are more enlightened than the men
amongst whom they are about to dwell, they soon rise to the
head of affairs, and they adapt society to their own advantage.
This continual emigration of the North to the South is pecu-
liarly favorable to the fusion of all the different provincial char-
acters into one national character. The civilization of the
North appears 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 in their opinions, gradually
forms a part of their habits : the course of time has swept away
the bugbear thoughts which haunted the imaginations of the
citizens in 1789. The federal power is not become oppressive;

t In 1832, the district of Michigan,
which only contains 31,639 inhabitants,
and is still an almost unexplored wilder-
ness, possessed 940 miles of mail-roads.
The territory of Arkansas, which is still
more uncultivated, was already inter-
sected by 1,938 miles of mail-roads. (See
the report of the General Post Office,
November 30, 1833.) 1'he postage of

newspapers alone in the whole Union
amounted to $254,796.

M In the course of ten years, from
1821 to 1831, 271 steamboats have been
launched upon the rivers which water
the valley of the Mississippi alone. In
1829 259 steamboats existed in the
United States. (See Legislative Docu-
ments, No. 140, p. 374.)

I !

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DE TOCQUr.VILLE

4
i;

it has not destroyed the independence of the States ; it has not
subjected the confederates to monarchical institutions ; and the
Union has not rendered the lesser States dependent upon the
larger ones ; but the confederation has continued to increase in
population, in wealth, and in power. I am therefore convinced
that the natural obstacles to the continuance of the American
Union are not so powerful at the present time as they were in
1789; and that the enemies of the Union are not so numerous.

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 ex-
plain the causes of this phenomenon.^' When the Constitution
of 1789 was promulgated, the nation was a prey to anarchy;
the Union, which succeeded this confusion, excited much dread
and much animosity; but it was warmly supported because it
satisfied an imperious want. Thus, although it was more at-
tacked than it is now, the federal power soon reached the maxi-
mum of its authority, as is usually the case with a government
which triumphs after having braced its strength by the strug-
gle. At that time the interpretation of the Constitution seemed
to extend, rather than to repress, the federal sovereignty ; and
the Union offered, in several respects, the appearance of a
single and undivided people, directed in its foreign and internal
policy by a single Government. But to attain this point the
people had risen, to a certain extent, above itself.

The Constitution had not destroyed the distinct sovereignty
of the States; and all communities, of whatever nature they
may be, are impelled by a secret propensity to assert their in-
dependence. This propensity is still more decided in a country
like America, in which every village forms a sort of republic
accustomed to conduct its own affairs. It therefore cost the
States an effort to submit to the federal supremacy; and all
efforts, however successful they may be, necessarily subside
with the causes in which they originated.

As the Federal Government consolidated its authority, Amer-
ica resumed its rank 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 was

V [Since 1861 the movement is cer-
tainly in the opposite direction, and the

federal power has largely increased, and
tends to further increase.]

DEMOCRACY IN AMERICA

413

this very prosperity which made the Americans forget the
cause to which it was attrihutaljle ; and when once the danger
was passed, the energy and the patriotism which had enabled
them to brave it (Hsappeared from amongst them. No sooner
were they deUvered from the cares which oppressed them,
than they easily returned to their ordinary habits, and gave
themselves up witiiout resistance to their natural inclinations.
When a powerful Government nt» longer appeared to be neces-
sary, they once more began to think it irksome. The Union
encouraged a general prosperity, and the States were not in-
clined to abantlon the Union; but they desired to render the
action of the power which represented that body as light as
possible. The general princ.,)le of Union was adopted, but in
every minor detail there was an actual tendency to independ-
ence. The principle of confederation was every day more
easily admitted, and more rarely applied ; so that the Federal
Government brought about its own decline, whilst it was
creating order and peace.

As soon as this tendency of public opinion began to be
manifested externally, the leaders of parties, who live by the
passions of the people, began to work it to their own advantage.
The position of the Federal Government then became exceed-
ingly critical. Its enemies were in possession of the popular
favor ; and they obtained the right of conducting its policy by
pledging themselves to lessen its influence. From that time
forwards the Government 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 Federal Constitution has been
called for, that interpretation has most frequently been op-
posed to the Union, and favorable to the States.

The Constitution invested the Federal Government with the
right of providing for the interests of the nation; and it had
been held that no other authority was so fit to superintend the
" internal improvements " which affected the prosperity of the
whole Union ; such, for instance, as the cutting of canals. But
the States were alarmed at a power, distinct from their own,
which could thus dispose of a portion of their territory; and
they were afraid that the central Government would, by this
means, acquire a formidable extent of patronage within their
own confines, and exercise a degree of influence which they in-

! ',

DE TOCQUEVILLE

» ;:'

!i;.i.

•♦

tended to reserve exclusively to thtii <;<hu njjcnts. The Demo-
cratic party, which has constantly beer i);v'/jif':! to the increase
of the federal authority, then accused tli- Congress of usurpa-
tion, and the Chief Magistrate of ambition. The central Gov-
ernment was intimidated by the opposition ; and it soon acknowl-
edged its error, promising exactly to confine its influence for
the future within the circle which was prescribed to it.

The Constitution confers upon the Union the right of treat-
ing with foreign nations, 'llie Indian tribes, which border
upon the frontiers of the United States, had usually been re-
garded in this light. As long as these savages consented to
retire before the civilized settlers, the federal right was not
contested : but as soon as an Indian tribe attempted to fix its
dwelling upon a given spot, the adjacent States claimed pos-
session of the lands and the rights of sovereignty over the
natives. The central Government soon recognized ooth these
claims ; and after it had concluded treaties with the Indians as
independent nations, it gave them up as subjects to the legisla-
tive tyranny of the States.w

Some of the States which had been founded upon the coast
of the Atlantic, extended indefinitely to the West, into wild
regions where no European had ever penetrated. The States
whose confines were irrevocably fixed, looked with a jealous
eye upon the unbounded regions which the future would en-
able their neighbors to explore. The latter then agreed, with
a view to conciliate the others, and to facilitate the act of union,
to lay down their own boundaries, and to abandon all the
territory which lay beyond those limits to the confederation at
large.J^ 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 in-
vested with the right 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 country from the Indians, for opening
roads to the remote settlements, and for accelerating the in-

V) See in the Legislative Documents,
already quoted in speaking of the Ind-
ians, the letter of the President of the
United States to the Cherokees, his cor-
respondence on this subject with his
agents, and bis messages to Congress.

,r The first act of session was made

by_ the State of New York in 1780; Vir-

fi n i a, Massachusetts, Connecticut,
outh and North Carolina, followed this
example at different times, and lastly,
the act of cession of Georgia was made
as recently as 1802.

DEMOCRACY IN AMERICA

4»S

crease of civilization as much as possible. New States have,
however, been formed in the course of time, in the midst of
those wilds which were formerly ceded by the inhabitants of
the shores of the Atlantic. Congress has gone on to sell, for
the profit of the nation at large, the uncultivated lands which
those new States contained. But the latter at length asserted
that, as they were now fully constituted, they ought to enjoy
the exclusive right of converting the produce of these sales
to their own use. As their remonstrances became more and
more threatening, Congress thought fit to deprive the Union
of a portion of the privileges which it had hitherto enjoyed;
and at the end of 1832 it passed a law by which the greatest
part of the revenue derived from the sale of lands was made
over to the new western republics, although the lands them-*
selves were not ceded to them.y

The slightest observation in the United States enables one
to appreciate the advantages which the country derives from
the bank. These advantages are of several kinds, but one of
them is peculiarly striking to the stranger. The banknotes
of the United States are taken upon the borders of the desert
for the same value as at Philadelphia, where the bank conducts
its operations.*

The Bank of the United States is nevertheless the object of
great animosity. Its directors have proclaimed their hostility
to the President : and they are accused, not without some show
of probability, of having abused their influence to thwart his
election. The President therefore attacks the establishment
which they represent with all the warmth of personal enmity;
and he is encouraged in the pursuit of his revenge by the con-
viction that he is supported by the secret propensities of the
majority. The bank may be regarded as the great monetary
tie of the Union, just as Congress is the great legislative tie;
and the same passions which tend to render the States inde-
pendent of the central power, contribute to the overthrow of
the bank.

The Bank of the United States always holds a great num-

\ I

V It is true that the President refused
his assent to this law; but he completely
adopted it in principle. (See Message
of December 8, 1833.) ,, . .

s The present Bank of the United
States was established in 1816, with a
capital of $35,000,000; its charter expires
in 1836. Last year Congress passed a

law to renew it, but the President put
his veto upon the bill. The struggle is
still going on with great violence on
either side, and the speedy fall of the
bank may easily be foreseen. [It was
soon afterwards extinguished by Gen-
eral Jackson.]

4i6

DE TOCQUEVILLE

M •

■ ii

ber of the notes issued by the provincial banks, which it can
at any time oblige them to convert into cash. It has itself
nothing to fear from a similar demand, as the extent of its re-
sources enabl':s 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 im-
patience to this salutary control. The newspapers which they
have bought over, and the President, whose interest renders
him their instrument, attack the bank with the greatest ve^
hemence. They rouse the local passions and the blind demo-
cratic instinct of the country to aid their cause; and they as-
sert that the bank directors form a permanent aristocratic
body, whose influence must ultimately be felt in the Govern-
ment, and must affect those principles of equality upon which
society rests in America.

The contest between the bank and its opponents is only an
incident in the great struggle which is going on in America
between the provinces and the central power; between the
spirit of democratic independence and the spirit of gradation
and subordination. I do not mean that the enemies of the
bank are identically the same individuals who, on other points,
attack the Federal Government; but I assert that the attacks
directed against the bank of the United States originate in the
same propensities which militate against the Federal Govern-
ment; and that the very numerous opponents of the former
afford a deplorable symptom of the decreasing support of the
latter.

The Union has never displayed so much weakness as in the
celebrated question of the tariff.o The wars of the French Rev-
olution and of 1812 had created manufacturing establishments
in the North of the Union, by cutting off all free communi-
cation between America and Europe. When peace was con-
cluded, and the channel of intercourse reopened by which the
produce of Europe was transmitted to the New World, the
Americans thought fit to establish a system of import duties,
for the twofold purpose of protecting their incipient manu-
factures and of paying off the amount of the debt contracted
during the war. The Southern States, which have no manu-

a See principally for the details of this aflfair, the Legislative Documents,
22A Congress, 2d Session, No. 30.

ich it can
has itself
of its re-
nce of the
ations are
y of notes
with im-
ifhich they
st renders
eatest ve*
ind demo-
d they as-
ristocratic
e Govern-
pon which

is only an
1 America
tween the
gradation
lies of the
her points,
:he attacks
nate in the
al Govern-
:he former
3ort of the

s as in the
rench Rev-
blishments

communi-
; was con-

which the
A^orld, the
fort duties,
ent manu-
contracted

no manu-

e Documents,

DEMOCRACY IN AMERICA

417

factures to encourage, and which are exclusively agricultural,
soon complained of this measure. Such were the simple facts,
and I do not pretend to examine in this place whether their
complaints were well founded or unjust.

As early as the year 1820, South Carolina declared, in a
petition to Congress, that the tariff was " unconstitutional, op-
pressive, and unjust." And the States of Georgia, Virginia,
North Carolina, Alabama, and Mississippi subsequently re-
monstrated against it with more or less vigor. But Congress,
far from lending an ear to these complaints, raised the scale
of tariff duties in the years 1824 and 1828, and recognized
anew the principle on which it was founded. A doctrine was
then proclaimed, or rather revived, in the South, which took
the name of Nullification.

I have shown in the proper place that the object of the Federal
Constitution was not to form a league, but to create a national
government. The Americans of the United States form a
sole and undivided people, in all the cases which are specified
by that Constitution; and upon these points the will of the
nation is expressed, as it is in all constitutional nations, by the
voice of the majority. When the majority has pronounced its
decision, it is the duty of the minority to submit. Such is the
sound legal doctrine, and the only one which agrees with the
text of the Constitution, and the known intention of those who
framed it.

The partisans of Nullification in the South maintain, on the
contrary, that the intention of the Americans in uniting was
not to reduce themselves to the condition of one and the same
people ; that they meant to constitute a league of independent
States; and that each State, consequently retains its entire
sovereignty, if not de facto, at least de jure; 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 ter-
ritory, if they are held 10 be unconstitutional and unjust.

The entire doctrine of Nullification is comprised in a sen-
tence uttered by Vice-President Calhoun, the head of that
party in the South, before the Senate of the United States, in
the year 1833 : " The Constitution is a compact to which the
States were parties in their sovereign capacity ; now, whenever
a compact is entered into by parties which acknowledge no
tribunal above their authority to decide in the last resort, each
Vol. I.— 37

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DE TOCQUEVILLE

of them has a right to judge for itself in relation to the nature,
extent, and obligations of the instrument." It is evident that
a similar doctrine destroys the very basis of the Federal Con-
stitution, and brings back all the evils of the old confederation,
fr(»n 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 persist'"d
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 meas-
ures which they were called upon to take; and on November
24th of the same year this Convention promulgated a law, un-
der the form of a decree, which annulled the federal law of
the tariff, forbade the levy of the imposts which that law com-
mands, and refused to recognize the appeal which might be
made to the federal courts of law.c This decree was only to be
put in execution in the ensuing month of February, and it was
intimated, that if Congress riodified the tariff before that
period. South Carolina might De induced to proceed no further
with her menaces; and a vague desire was afterwards ex-
pressed of submitting the question to an extraordinary as-
sembly of all the confederate States.

In the meantime South Carolina armed her militia, and pre-
pared for war. But Congress, which had slighted its sup-
pliant subjects, listened to their complaints as soon as they were
found to have taken up arms.d A law was passed, by which

(That is to say, the majority of the
people; for the opposite party, called
the Union party, always formed a very
strong and active mmority. Carolina
may contain about ^7,000 electors: 30,000
were in favor of nulliiication, and 17,000
opposed to it.

c Thia decree was preceded by a re-
port of the committee by which it was
framed, containing the explanation of
the motives and object of the law. The
following passage occurs in it, p. 3^:—
" When the rights reserved by the Con-
stitution to the different States are de-
liberately violated, it is the duty and the
right of those States to interfere, in
order to check the progress of the evil;
to resist usurpation, and to maintain,
within their respective limits, those
powers and privileges which belong to
them as independent sovereign States.
If they were destitute of this right, they
would not be sovereign. South Caro-

lina declares that she acknowledges no
tribunal upon earth above her authority.
She has indeed entered into a solemn
compact of union with the other States;
but she demands, and will exercise, the
right of putting her own construction
upon it; and when this compact is vio>
lated by her sister States, and by the
Government which they have created,
she is determined to avail herself of the
unquestionable right of judging what
is the extent of the infraction, and what
are the measures best fitted to obtain
justice."

d Congress was finally decided to take
this step by the conduct of the powerful
State of Virginra, whose legislature
offered to serve as mediator oetween
the Union and South Carolina. Hither-
to the latter State had appeared to be
entirely abandoned, even by the States
which had joined in her remonstrances.

DEMOCRACY IN AMERICA

419

ex-

the tariff duties were to be progressively reduced for ten years,
until they were brought so low as not to exceed the amount
of supplies necessary to the Government.*? Thus Congress
completely abandoned the principle of the tariff; and substi-
tuted a mere fiscal impost to a system of protective duties/
The Government of the Union, in order to conceal its defeat,
had recourse to an expedient which is very much in vogue with
feeble governments. It yielded the point de facto, but it re-
mained 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 extraordinary powers,
enabling him to overcome by force a resistance which was
then no longer to be apprehended.

But South Carolina did not consent to leave the Union in
the enjoyment of these scanty trophies of success: the same
national Convention which had annulled the tariff bill, met
again, and accepted the proffered concession ; but at the same
time it declared its unabated perseverance in the doctrine of
Nullification: and to prove what it said, it annulled the law
investing the President with extraordinary powers, although
it was very certain tha'; the clauses of that law would never be
carried inti.. effect.

Almost all the controversies of which I have been speaking
have taken place under the Presidency of General Jackson;
and it cannot be denied that in the question of the tariff he
has supported the claims of the Union with vigor and with skill.
I am, however, of opinion that the conduct of the individual
who now represents the Fe'lei n,l Government may be reckoned
as one of the dangers which ihreaten its continuance.

Some persons in Europe h"-, e fon\ipd an opinion of the pos-
sible influence of General Javksori upoii the affairs of his coun-
try, which appears highly extravaga 1 •. > those who have seen
more of the subject. V/(. have been ^old that General Jackson
has won sundry battles, tiia* he is an jiiergetic man, prone by
nature and by habit to the \xtc 'i force, covetous of power, and
a despot by taste. All this may perhaps be true; but the in-
ferences which have been drawn from these truths are exceed-
ingly erroneous. It has been imagined that General Jackson
■': bent on establishing a dictatorship in America, on introduc-

e This i.-"v was passed on March 2,
1833.
/ This bill was brought in by Mr.

y, an'j it passed in four days through
:h Houses of Congress by an im-

Cla;
bot
mense maj.'^'ity.

I Ul

420

DE TOCQUEVILLE

ing a military spirit, and on giving a degree of influence to the
central authority which cannot but be dangerous to provincial
liberties. But in America the time for similar undertakings,
and the age for men of this kind, is not yet come: if General
Jackson had entertained a hope of exercising his authority in
this manner, he would infallibly have forfeited his political sta-
tion, and compromised his life; accordingly he has not been
so imprudent as to make any such attempt.

Far from wishing to extend the federal power, the Presi-
dent belongs to the party which is desirous of limitinjr that
power to the bare and precise letter of the Constitution, and
which never puts a construction upon that act favorable to the
Government of the Union; far from standing forth as the
champion of centralization. General Jackson is the agent of all
the jealousies of the States; and he was placed in the lofty
station he occupies by the passions of the people which are most
opposed to the central Government. It is by perpetually flat-
tering these passions that he maintains his station and his
popularity. General Jackson is the slave of the majority: he
yields to its wishes, its propensities, and its demands; say
rather, that he anticipates and forestalls them.

Whenever the governments of the States come into collision
with that of the Union, the President is generally the first to
question his own rights : he almost always outstrips the legis-
lature; and when the extent of the federal power is contro-
verted, he takes part, as it were, against himself; he conceals
his official interests, and extinguishes his own natural inclina-
tions. Not indeed that he is naturally weak or hostile to the
Union ; for when the majority decided against the claims of the
partisans oi nullification, he put himself at its head, asserted the
doctrines which the nation held distinctly and energetically,
and was the first to recommend forcible measures ; but General
Jackson appears to me, if I may use the American expressions,
to be a Federalist by taste, and a Republican by calculation.

General Jackson stoops to gain the favor of the majority,
but when he feels that his popularity is secure, he overthrows
all obstacles in the pursuit of the objects which the commu-
nity approves, or of those which it does not look upon with a
jealous eye. He is supported by a power with which his pre-
decessors were unacquainted ; and he tramples on his per-
sonal enemies whenever they cross his path with a facility

DEMOCRACY IN AMERICA

491

f' >-

which no former President ever enjoyed ; he takes upon himself
the responsibility of measures which no one before him would
have ventured to attempt: he even treats the national repre-
sentatives with disdain approaching to insult ; he puts his veto
upon the laws of Congress, and frequently neglects to reply
to that powerful body. He is a favorite who sometimes treats
his master roughly. The power of General Jackson perpetual-
ly increases ; but that of the President declines ; in his hands the
Federal Government is strong, but it will pass enfeebled into
the hands of his successor.

I am strangely mistaken if the Federal Government of the
United States be not constantly losing strength, retiring grad-
ually from public affairs, and narrowing its circle of action
more and more. It is naturally feeble, but it now abandons
even its pretensions to strength. On the other hand, I thought
that I remarked a more lively sense of independence, and a
more decided attachment to provincial government in the
States. The Union is to subsist, but to subsist as a shadow ;
it is to be strong in certain cases, and weak in all others; in
time of warfare, it is to be able to concentrate all the forces of
the nation and all the resources of the country in its hands ; and
in time of i)eace its existence is to be scarcely perceptible: a»
if this alternate debili'iy and vigor were natural or possible.

I do not foresee anything for the present which may be able
to check this general impulse of public opinion ; the causes in
which it originated do not cease to operate with the same effect.
The change will therefore go on, and it may be predicted
that, unless some extraordinary event occurs, the Government
of the Union will grow weaker and weaker every day.

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 reaction will take
place with a vievv to increase its strength.

The Government of the United States is, of all the federal
governments which have hitherto been established, the one
which is most naturally destined to act. As long as it is only
indirectly assailed by the interpretation of its laws, and as

422

DE TOCQUEVILLE

long as its substance is not seriously altered, a change of opin
ion, an internal crisis, or a war, may restore all the vigor which
it requires. The point which I have been most anxious to put in
a clear light is simply this : Many people, especially in France,
imagine that a change in opinion is going on in the United
States, which is favorable to a centralization of power in the
hands of the President and the Congress. I hold that a con-
trary tendency may distinctly be observed. So far is the Fed-
eral Government from acquiring strength, and from threaten-
ing the sovereignty of the States, as it grows older, that I main-
tain it to be growing weaker and weaker, and that the sov-
ereignty of the Union alone is in danger. Such are the facts
which the present time discloses. The future conceals the final
result of this tendency, and the events which may check, retard,
or accelerate the changes I have described ; but I do not affect
to be able to remove the veil 'v iiich hides them from our sight.

Of the Republican Institutions of the United States,
AND What Their Chances of Duration Are

The Union is accidental — The Republican institutions have more pros-
pect of pern: neiice — A republic for the present the natural state of
the Anglo-Americans — Reason of this — In order to destroy it, all
the laws niust be cha.iged at the same time, and a great alteration
take place m manners — 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, compromise the fate of the republican in-
stitutions. But we ought not to confound the future prospects
of the republic with those of the Union. The Union is an ac-
cident, which will only last as long as circumstances are favor-
able to its existence; but a republican form of government
seems to me to be the natural state of the Americans ; which
nothing but the continued action of hostile causes, always act-
injT in the same direction, could change into a monarchy. The
Unio 1 exiles principally in the law which formed it; one revo-
lut;Oii, one change •"••• mblic opinion, might destroy it forever;
bur the republic has a much deeper foundation to rest upon.

What is understood by a republican government in the
United States is the slow and quiet action of society upon itself.

lii^^?:.

DEMOCRACY IN AMERICA

423

It is a regular state of things really founded upon the enlight-
ened will of the people. It is a conciliatory government under
which resolutions are allowed time to ripen ; and in which they
are deliberately discussed, and executed with mature judgment.
The republicans in the United States set a high value upon
morality, respect religious belief, and acknowledge the exist-
ence of rights. They profess to think that a people ought to be
moral, religious, and temperate, in proportion as it is free.
What is called the republic in the United States, is the tranquil
rule of the majority, which, after having had time to examine
itself, and to give proof of its existence, is the common sou« ce
of all the powers of the State. But the power of the majority
is not of itself unlimiied. In the moral world humanity, jus-
tice, and reason enjoy an undisputed supremacy ; in the politi-
cal world vested rights are treated with no less deference. The
majority recognizes these two barriers ; and if it now and then
overstep them, it is because, like individuals, it has passions,
and, like them, it is prone to do what is wrong, whilst it discerns
what is right.

But the demagogues of Europe have made strange dis-
coveries. A republic is not, according to them, the rule of
the majority, as has hitherto been thought, but the rule of
those who are strenuous partisans of the majority. It is not
the people who 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 consulting them, and to claim
their gratitude whilst their rights are spurned. A republican
government, moreover, is the only one which claims the
right of doing whatever it chooses, and despising what men
have hitherto respected, from the highest moral obligations to
the vulgar rules of common-sense. It had been supposed, until
our time, that despotism was odious, under whatever form it
appeared. But it is a discovery of modern days that there are
such things as legitimate tyranny and holy injustice, provided
they are exercised in the name of the people.

The ideas which the AmenVans have adopted respecting the
republican form of government, render it easy for them to live
under it, and insure its duration. If, in their country, this form
be often practically bad, at least it is theoretically good ; and, in
the end, the people always acts in conformity to it.

M|i

■ hi

424

DE TOCQUEVILLE

f ' ' L

■l fl «

It was impossible at the foundation of the States, and it
would still be difficult, to establish a central administration in
America. The inhabitants are dispersed over too great a space,
and separated by too many natural obstacles, for one man to
undertake to direct the details of their existence. America is
therefore pre-eminently the country of provincial and municipal
government. To this cause, which was plainly felt by all the
Europeans of the New World, the Anglo-Americans added
several others peculiar to themselves.

At the time of the settlement of the North American colonies,
municipal liberty had already penetrated into the laws as well
as the manners of the English ; and the emigrants adopted it,
not only as a necessary thing, but as a benefit which they knew
how to appreciate. We have already seen the manner in which
the colonies were founded: every province, and almost every
district, was peopled separately by men who were strangers to
each other, or who associated with very different purposes.
The English settlers in the United States, therefore, early per-
ceived that they were divided into a great number of small and
distinct communities which belonged to no common centre;
and that it was needful for each of these little communities to
take care of its own affairs, since there did not appear to be any
central authority which was naturally bound and easily enabled
to provide for them. Thus, the nature of the country, the man-
ner in which the British colonies were founded, the habits of
the first emigrants, in short everything, united to promote, in
an extraordinary degree, municipal and provincial liberties.

In the United States, therefore, the mass of the institutions
of the country is essentially republican ; and in order perma-
nently to destroy the laws which form the basis of the republic,
it would be necessary to abolish all the laws at once. At the
present day it would be even more difficult for a party to succeed
in founding a monarchy in the United States than for a set of
men to proclaim that France should henceforward be a republic.
Royalty would not find a system of legislation prepared for it be-
forehand ; and a monarchy would then exist, really surrounded
by republican institutions. The monarchical principle would
likewise have great difficulty in penetrating into the manners of
the Americans.

In the United States, the sovereignty of the people is not an
isolated doctrine bearing no relation to the prevailing manners

DEMOCRACY IN AMERICA

425

and ideas of the people : it may, on the contrary, be regarded
as the iast link of a chain of opinions which binds the whole
Anglo-American world. That Providence has given to every
human being the degree of reason necessary to direct himself
in the affairs which interest him exclusively — such is the grand
maxim upon which civil and political society rests in the United
States. The father of a family applies it to his children ; the
master to his servants ; the township to its officers ; the province
to its townships ; the State to the provinces ; the Union to the
States ; and when extended to the nation, it becomes the doc-
trine of the sovereignty of the people.

Thus, in the United States, the fundamental principle of the
republic is the same which governs the greater part of human
actions; republican notions insinuate themselves into all the
ideas, opinions, and habits of the Americans, whilst they are
formerly recognized by the legislation : and before this legisla-
tion 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 v/orld to private judgment : as in politics the care of its
temporal interests is abandoned to the good sense of the people.
Thus every man is allowed freely to take that road which he
thinks will lead him to heaven ; just as the law permits every
citizen to have the right of choosing his government.

It is evident that 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 opinions, man-
ners, and laws.

If republican principles are to perish in America, they can
only yield after a laborious social process, often interrupted,
and as often resumed ; they will have many apparent revivals,
and will not become totally extinct until an entirely new people
shall have succeeded to that which now exists. Now, it must
be admitted that there is no symptom or presage of the approach
of such a revolution. There is nothing more striking to a per-
son newly arrived in the United States, than the kind of tumultu-
ous agitation in which he finds political society. The laws are
incessantly changing, and at first sight it seems impossible that
a people so variable in its desires should avoid adopting, within
a short space of time, a completely new form of government.
Such apprehensions are, however, premature; the instability

:i I I

1'^

426

DE TOCQUEVILLE

)»;;,

which affects poHtical institutions is of two kinds, which ought
not to be confounded : the first, which modifies secondary laws,
is not incompatible with a very settled state of society ; the other
shakes the very foundations of the Constitution, and attacks
the fundamental principles of legislation ; this species of insta-
bility is always followed by trouble, and revolutions, and the
nation which suffers under it is in a sfat^ of violent transition.

Experience shows that these two kinds of legislative insta-
bility have no necessary connection ; for they have been found
united or separate, according to times and circumstances. The
first is common in the United States, but not the second : the
Americans often change their laws, but the foundation of the
Constitution is respected.

In our days the republican principle rules in America, as the
monarchical principle did in France under Louis XIV. The
French of that period were not only friends of the monarchy,
but they thought it impossible to put anything in its place ; they
received it as we receive the rays of the sun and the return of
the seasons. Amongst them the royal power had neither ad-
vocates nor opponents. In like manner does the republican
government exist in A.merica, without contention or opposition ;
without proofs and arguments, by a tacit agreement, a sort of
consensus universalis. It is, however, my opinion that by
changing their administrative forms as often as they do, the
inhabitant 5 of the United States compromise the future stability
of their government.

It may be apprehended 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
society ; the evil resulting from the instability of the secondary
enactments might then raise a doubt as to the nature of the
fundamental principles of the Constitution, and indirectly bring
about a revolution ; but this epoch is still very remote.

It may, however, be foreseen even now, that when the Ameri-
cans lose their republican institutions they will speedily arrive
at a despotic government, without a long interval of limited
monarchy. Montesquieu remarked, that nothing is more ab-
solute than the authority of a prince who immediately succeeds
a republic, since the powers which had fearlessly been intrusted
to an elected magistrate are then transferred to a hereditary
sovereign. This is true in general, but it is more peculiarly

■ \

DEMOCRACY IN AMERICA

487

ds, which ought
secondary laws,
iciety ; the other
on, and attacks
jpccies of insta-
utiotis, and the
mt transition,
jgislative insta-
ave been found
nstances. The
:he second: the
jndation of the

\nierica, as the
4is XIV. The
the monarchy,
I its place ; they
d the return of
lad neither ad-
the republican
1 or opposition ;
ment, a sort of
linion that by
s they do, the
future stability

ly thwarted in
1, will learn to
anient form of
the secondary
nature of the
idirectly bring
lote.

len the Ameri-
ipeedily arrive
val of limited
g is more ab-
ately succeeds
been intrusted
) a hereditary
ore peculiarly

applicable to a democratic republic. In the United States, the
magistrates are not elected by a particular class of citizens, but
by the majority of the nation ; they are the immediate repre-
sentatives if the passions of the multitude; and as they are
wholly dependent upon its pleasure, they excite neither hatred
nor fear: hence, as 1 have already shown, very little care has
been taken to limit thei." influence, and they are left in posses-
sion of a vast deal of arbitrary power. This state of things has
engendered habits which would outlive itself; the American
magistrate would retain his power, but he would cease to be
responsible for the exercise of it ; and it is impossible to say
what bounds could then be set to tyranny.

Some of our European politicians expect to see an aristocracy
arise in America, and tbev already predict the exact period at
which it will be able to a? • the reins of government. I have
previously observed, am 'peat my assertion, that the present
tendency of American society appears to me to become more
and more democratic. Nevertheless, I do not assert that the
Americans will not, at some future time, restrict the circle of
political rights in their country, or confiscate those rights to
the advantage of a single individual ; but I cannot imagine that
they will ever bestow the exclusive exercise of them upon a
privileged class of citizens, or, in other words, that they will
ever found an aristocracy.

An aristocratic body is composed of a certain number of citi-
zens who, without being very far removed from the mass of the
people, are, nevertheless, permanently stationed above it: a
body which it is easy to touch and difficult to strike ; with which
the people are in daily contact, but with which they can never
combine. Nothing can be imagined more contrary to nature
and to the secret propensities of the human heart than a sub-
jection of this kind ; and men who are left to follow their own
bent will always prefer the arbitrary power of a king to the regu-
lar administration of an aristocracy. Aristocratic institutions
cannot subsist without laying down the inequality of men as a
fundamental principle, as a part and parcel of the legislation,
affecting the condition of the human family as much as it affects
that of society ; but these are things so repugnant to natural
equity that they can only be extorted from men by constraint.

T do not think a single people can be quoted, since human
society began to exist, which has, by its own free will and by

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428

DE TOCQUEVILLE

its own exertions, created an aristocracy within its own bosom.
AH the aristocracies of the Middle Ages were founded by mili-
tary conquest ; the conqueror was the noble, the vanquished be-
came the serf. Inequality was then imposed by force ; and after
it had been introduced into the maners of the country it main-
tained its own authority, and was sanctioned by the legislation.
Communities have existed which were aristocratic from their
earliest origin, owing to circumstances anterior to that event,
and which became more democratic in each succeeding age.
Such was the destiny of the Romans, and of the barbarians after
them. But a people, having taken its rise in civilization and
democracy, which should gradually establish an inequality of
conditions, until it arrived at inviolable privileges and exclusive
castes, would be a novelty in the world ; and nothing intimates
that America is likely to furnish so singular an example.

II)

Reflection on the Causes of the Commercial Prosperity
OF THE United States

The Americans destined by Nature to be a great maritime people —
Extent of their coasts — Depth of their ports — Size of their rivers —
The commercial superiority of the Anglo-Americans less attributable,
however, to physical circumstances than to moral and intellectual
causes — Reason of this opinion — Future destiny of the Anglo-Ameri-
cans as a commercial nation — The dissolution of the Union would
not check the maritime vigor of the States — Reason of this — Anglo-
Americans will naturally supply the wants of the inhabitants of
South America — They will become, like the English, the factors of
a great portion of the world.

The coast of the United States, from the Bay of Fundy to the
Sabine River in the Gulf of Mexico, is more than two thousand
miles in extent. These shores form an unbroken line, and they
are all subject to the same government. No nation in the world
possesses vaster, deeper, or more secure ports for shipping
than the Americans.

The inhabitants of the United States constitute a great civil-
ized people, which fortune has placed in the midst of an unculti-
vated country at a distance of three thousand miles from the
central point of civilization. America consequently stands in
daily need of European trade. The Americans will, no doubt,
ultimately succeed in producing or manufacturing at home
most of the articles which they require ; but the two continents

I (I

DEMOCRACY IN AMERICA

429

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 peculiar commodities which are now
become necessary to us, but which cannot be cultivated, or can
only be raised at an enormous expense, upon the soil of Europe.
The Americans only consume a small portion of this produce,
and they are willing to sell us the rest. Europe is therefore the
market of America, as America is the market of Europe ; and
maritime commerce is no less necessary to enable the inhab-
itants of the United States to transport their raw materials to
the ports of Europe, than it is to enable us to supply them with
our manufactured produce. The United States were therefore
necessarily reduced to the alternative of increasing the business
of other maritime nations to a great extent, if they had them-
selves declined to enter into commerce, as the Spaniards of
Mexico have hitherto done ; or, in the second place, of becom-
ing one of the first trading powers of the globe.

The Anglo-Americans have always displayed a very decided
taste for the sea. The Declaration of Independence broke the
commercial restrictions which united them to England, and
gave a fresh and powerful stimulus to their maritime genius.
Ever since that time, the shipping of the Union has increased
in almost the same rapid proportion as the number of its in
habitants. The Americans themselves now transport to their
own shores nine-tenths of the European produce which they
consume.? And they also bring three-quarters of the exports
of the New World to the European consumer.* The ships of
the United States fill the docks of Havre and of Liverpool;
whilst the number of English and French vessels which are to
be seen at New York is comparatively small.*

I:.

gThe total value of goods imported
during the year which ended on Septem-
ber 30, 1832, was $101,129,366. The value
of the cargoes of foreign vessels did not
amount to $10,731,039, or about one-
tenth of the entire sum. .

h The value of goods exported dunng
the same year amounted to $87,176,943;
the value of goods exported by foreign
vessels amounted to $21,036,183, or about
one quarter of the whole sum. (Will-
iams's " Register," 1833. p. 39?.) . . ,

«The tonnage of the vessels which
entered all the ports of the Union in the
years 1829, 1830. and 1831, amounted to

? 1.307,719 tons, of which S44.S7« tons were
oreign vessels; they stood, therefore, to
the American vessels in a ratio of about
16 to 100. (" National Calendar," 1833.

p. 304.) The tonnage of the English
vessels which entered the ports of Lon-
don, Liverpool, and Hull, in the ycnrs
i8ao, 1826, and 1831, amounted to 443.800
tons. The foreign vessels which entered
the same ports during the same years
amounted to 159.431 tons. The ratio be-
tween them was, therefore, about 36 to
100. (" Companion to the Almanac^,"
1834, p. 160.) In the year 1833 the ratio
between the foreign and British ships
which entered the ports of Great Britam
was 29 to 100. [These statements relate
to a condition of affa'rs which has
ceased to exist; the Civil War and the
heavy taxation of th^ United States en-
tirely altered the trade and navigation
of tlie country.]

' ■'*^«**«wn«f **a^D'aaii-,:-._-i.

430

DE TOCQUEVILLE

t (

Thus, not only does the American merchant face the compe-
tition of his own countrymen, but he even supports that of for-
eign nations in their own ports with success. This is readily
explained by the fact that the vessels of the United Stater can
cross the seas at a cheaper rate than any other vessels in the
world. As long as the mercantile shipping of the United
States preserves this superiority, it will not only retain what it
has acquired, but it will constantly increase in prosperity.

It is difficult to say for what reason the Americans can trade
at a lower rate than other nations ; and one is at first led to
attribute this circumstance to the physical or natural advan-
tages which are within their reach ; but this supposition is er-
roneous. 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 con-
siderable than the pay on board European ships; which is
proved by the great number of Europeans who are to be met
with in the merchant vessels of the United States. But I am
of opinion that the true cause of their superiority must not be
sought for in physical advantages, but that it is wholly attribut-
able to their moral and intellectual qualities.

The 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 nearly destroyed the most ancient
monarchies in Europe. They undertook (what had never before
been attempted) to make shift without a number of things which
had always been held to be indispensable in warfare ; they re-
quired novel exertions on the part of their troops which no civ-
ilized nations had ever thought of ; they achieved great actions
in an incredibly short space of time ; and they risked human life
without hesitation to obtain the object in view. The French
had less money and fewer men than their enemies; their re-
sources were infinitely inferior; nevertheless they were con-
stantly victorious, until their adversaries chose to imitate their
example.

The Americans have introduced a similar system into their
commercial speculations ; and they do for cheapness what the
French did for conquest. The European sailor navigates with

/Materials are, generally speaking,
less expensive in America than in Eu*

rope, but the price of labor is much
higher.

« t

DEMOCRACY IN AMERICA

431

prudence ; he only sets sail when the weather is favorable ; if an
unforeseen accident befalls him, he puts into port ; at night he
furls a portion of his canvas ; and when the whitening billows
intimate the vicinity of land, he checks his way, and takes an
observation of the sun. But the American neglects these pre-
cautions and braves these dangers. He weighs anchor in the
midst of tempestuous gales ; by night and by day he spreads his
sheets to the wind ; he repairs as he goes along such damage as
his vessel may have sustained from the storm ; and when he at
last approaches the term of his voyage, he darts onward to the
shore as if he already descried a port. The Americans are often
shipwrecked, but no trader crosses the seas so rapidly. And
as they perform the same distance in a shorter time, they can
perform it at a cheaper rate.

The European touches several times at different ports in the
course of a long voyage ; he loses a good deal of precious time
in making the harbor, or in waiting for a favorable wind to
leave it ; and he pays daily dues to be allowed to remain there.
The American starts from Boston to go to purchase tea in
China ; he arrives at Canton, stays there a few days, and then
returns. In less than two years he has sailed as far as the entire
circumference of the globe, and he has seen land but once. It
is true that during a voyage of eight or ten months he has drunk
brackish water and lived upon salt meat ; that he has been in a
continual contest with the sea, with disease, and with a tedious
existence ; but upon his return he can sell a pound of his tea for
a half-penny less than the English merchant, and his purpose is
accomplished.

I cannot better explain my meaning than by saying that the
Americans 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

DE TOCQUEVILLE

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 intelligence
of the workman. Nothing tends to materalize man, and to de-
prive his work of the faintest trace of mind, more than extreme
division of labor. In a country like America, where men de-
voted to special occupations are rare, a long apprenticeship
cannot be required from anyone who embraces a profession.
The Americans, therefore, change their means of gaining a
livelihood very readily ; and they suit their occupations to the
exigencies of the moment, in the manner most profitable to
themselves. Men are to be met with who have successively
been barristers, farmers, merchants, ministers of the gospel,
and physicians. If the American be less perfect in each craft
than the European, at least there is scarcely any trade with
which he is utterly unacquainted. His capacity is more general,
and the circle of his intelligence is enlarged.

The inhabitants of the United States are never fettered by
the axioms of their profession ; they escape from all the pre-
judices 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 situa-
tion 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 nat-
ural boundary seems to be set to the efforts of man ; and what
is not yet done is only what he has not yet attempted to do.

This perpetual change which goes on in the United States,
these frequent vicissitudes of fortune, accompanied by such un-
foreseen fluctuations in private and in public wealth, serve to
keep the minds of the citizens in a perpetual state of feverish
agitation, which admirably invigorates their exertions, and
keeps them in a state of excitement above the ordinary level of
mankind. The whole life of an American is passed like a game
of chance, a revolutionary crisis, or a battle. As the same
causes are continually in operation throughout the country,

DEMOCRACY IN AMERICA

433

they ultimately impart an irresistible impulse to the national
character. The American, taken as a chance specimen of his
countrymen, must then be a man of singular warmth in his de-
sires, enterprising, fond of adventure, and, above all, of innova-
tion. The same bent is manifest in all that he does ; he intro-
duces it into his political laws, his religious doctrines, his
theories of social economy, and his domestic occupations ; he
bears it with him in the depths of the backwoods, as well as in
the business of the city. It is this same passion, applied to mari-
time commerce, which makes him the cheapest and the quickest
trader in the world.

As long as the sailors of the United States retain these in-
spiriting advantages, and the practical superiority which they
derive from them, they will not only continue to supply the
wants of the producers and consumers of their own country,
but they will tend more and more to become, like the English,
the factors of all other peoples.* This prediction has already
begun to be realized ; we perceive that the American traders
are introducing themselves as intermediate agents in the com-
merce of several European nations ; I 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 inhab-
itants are too much absorbed in the cares of self-defense 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 ; South Amer-
ica 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 ques-
tion is simply one of time ; at some future period, which may

k It must not be supposed that En?-
lish vessels are exclusively employed in
transportinR foreign produce into Eng-
land, or British produce to foreign
countries; at the present day the mer-
chant shipping of England may be re-
garded in the light of a vast system of
public conveyances, ready to serve all

Vol. I.— 28

the producers of the world, and to open
communications between all peoples.
The maritime genius of the Americans
prompts them to enter into competition
with the English.

/ Part of the commerce of the Medi-
terranean is already carried on by
American vessels.

434

DE TOCQUEVILLE

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, they
will still be unable to satisfy those wants for themselves; as
the youngest children of civilization, they must perforce admit
the superiority of their elder brethren. They will be agricul-
turists long before they succeed in manufactures or commerce,
and they will require the mediation of strangers to exchange
their produce beyond seas for those articles for which a de-
mand will begin to be felt.

It is unquestionable that the Americans of the North will one
day supply the wants of the Americans of the South. Nature
has placed them in contiguity, and has furnished the former
with every means of knowing and appreciating those demands,
of establishing a permanent connection with those States, and
of gradually filling their markets. The merchants of the United
States could only forfeit these natural advantages if he were
very inferior to the merchant of Europe ; to whom he is, on the
contrary, superior in several respects. The Americans of the
United States already exercise a very considerable moral in-
fluence upon all the peoples of the New World. They are the
source of intelligence, and all the nations which inhabit the
same continent are already accustomed to consider them as the
most enlightened, the most powerful, and the most wealthy
members of the great American family. All eyes are therefore
turned towards the Union ; and the States of which that body is
composed are the models which the other communities try to
imitate to the best of their power ; it is from the United States
that they borrow their political principles and their laws.

The Americans of the United States stand in precisely the
same position with regard to the peoples of South America as
their fathers, the English, occupy with regard to the Italians,
the Spaniards, the Portuguese, and all those nations of Europe
which receive their articles of daily consumption from England,
because they are less advanced in civilization and trade. Eng-
land is at this time the natural emporium of almost all the
nations which are within its reach; the American Union
will perform the same part in the other hemisphere ; and every
community which is founded, or which prospers in the New
World, is founded and prospers to the advantage of the Anglo-
Americans.

DEMOCRACY IN AMERICA

435

If the Union were to be dissolved, the commerce of the States
which now compose it would undoubtedly be checked for a
time; but this consequence would be less perceptible than is
generally supposed. It is evident that, whatever may happen,
the commercial States will remain united. They are all con-
tiguous to each other ; they have identically the same opinions,
interests, and manners ; and they are alone competent to form a
very great maritime power. Even if the South of the Union
were to become independent of the North, it would still require
the services of those States. I have already observed that the
South is not a commercial country, and nothing intimates that
it is likely to become so. The Americans of the South of the
United States will therefore be obliged, for a long time to come,
to have recourse to strangers to export their produce, and to
supply them with the commodities which are requisite to satisfy
their wants. But the Northern States are undoubtedly able to
act as their intermediate agents cheaper than any other mer-
chants. They will therefore retain that employment, for cheap-
ness is the sovereign law of commerce. National claims and
national prejudices cannot resist the influence of cheapness.
Nothing can be more virulent than the hatred which exists be-
tween the Americans of the United States and the English. But
notwithstanding these inimical feelings, the Americans derive
the greater part of their manufactured commodities from Eng-
land, 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.

Reason shows and experience proves that no commercial
prosperity can be durable if it cannot be united, in case of need,
to naval force. This truth is as well understood in the United
States ix> ';'. can be anywhere else : the Americans are already
able to make their flag respected ; in a few years they will be
able to make it feared. I am convinced that the dismemberment
of the Union would not have the eflfect of diminishing the naval
power of the Americans, but that it would powerfully con-
tribute to increase it. At the present time the commercial
States are connected with others which have not the same inter-
ests, and which frequently yield an unwiHing consent to the in-
crease of a maritime power by which they are only indirectly
benefited. If, on the contrary, the commercial States of the

43^

DE TOCQUEVILLE

Union formed one independent nation, commerce would be-
come the foremost of their national interests ; they would con-
sequently be willing to make very great sacrifices to protect
their shipping, and nothing would prevent them from pursuing
their designs upon this point.

Nations, as well as men, almost always betray the most
prominent features of their future destiny in their earliest years.
When I contemplate the ardor with which the Anglo-Ameri-
cans prosecute commercial enterprise, the advantages which be-
friend them, and the success of their undertakings, I cannot re-
frain from believing that they will one day become the first
maritime power of the globe. They are born to rule the seas,
as the Romans were to conquer the world.

• . "■

CONCLUSION

I have now nearly reached the close of my inquiry ; hitherto,
in speaking of the future destiny of the United States, I have
endeavored to divide my subject into distinct portions, in order
to study each of them with more attention. My present object
is to embrace the whole from one single point ; the remarks I
shall make will be less detailed, but they v/ill be more sure. I
shall perceive each object less distinctly, but I shall descry the
principal facts with more certainty. A traveller who has just
left the walls of an immense city, climbs the neighboring hill ;
as he goes farther oft he loses sight of the men whom he has so
recently quitted ; their dwellings are confused in a dense mass ;
he can no longer distinguish the public squares, and he can
scarcely trace out the great thoroughfares ; but his eye has less
difHculty in following the boundaries of the city, and for the
first time he sees the shape of the vast whole. Such is the future
destiny of the British race in North America to my eye ; the de-
tails of the stupendous picture are overhung with shade, but I
conceive a clear idea of the entire subject.

The territory now occupied or possessed by the United States
of America forms about one-twentieth part of the habitable
earth. But extensive as these confines are, it must not be sup-
posed that the Anglo-American race will always remain with-
in them ; indeed, it has already far overstepped them.

There was once a time at which we also might have created
a great French nation in the American wilds, to counterbal-

DEMOCRACY IN AMERICA

437

ance the influence of the English upon the destinies of the New
World, France formerly possessed a territory in North Amer-
ica, scarcely less extensive than the whole of Europe. The three
greatest rivers of that continent then flowed within her do-
minions. The Indian tribes which dwelt between the mouth of
the St. Lawrence and the delta of the Mississippi were unac-
customed to any other tongue but ours ; and all the European
settlements scattered over that immense region recalled the
traditions of our country. Louisbourg, Montmorency, Du-
quesne, St. Louis, Vincennes, New Orleans (for such were the
names they bore) are words dear to France and familiar to our
ears.

But a concourse of circumstances, which it would be tedious
to enumerate,*" have deprived us of this magnificent inheritance.
Wherever the French settlers were numerically weak and par-
tially established, they have disappeared : those who remain are
collected on a small extent of country, and are now subject to
other laws. The 400,000 French inhabitants of Lower Canada
constitute, at the present time, the remnant of an old nation
lost in the midst of a new people. A foreign population is in-
creasing around them unceasingly and on all sides, which al-
ready penetrates amongst the ancient masters of the country,
predominates in their cities and corrupts their language. This
population is identical with that of the United States; it is
therefore with truth that I asserted that the British race is not
confined within the frontiers of the Union, since it already ex-
tends to the northeast.

To the northwest nothing is to be met with but a few in-
significant Russian settlements ; but to the southwest, Mexico
presents a barrier to the Anglo-Americans. Thus, the Span-
iards 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 fav-
orable 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
destitute of inhabitants. The natives of the United States will

wThe foremost of these circum-
stances is, that nations which are accus-
tomed to free institutions and municipal
government are better able than any
others to found prosperous colonies. The

habit of thinking and Koverning for one-
self is indispensable in a new country,
where success necessarily depends, in a
frreat measure, upon the individual ex-
ertions of the settlers.

438

DE TOCQUEVILLE

forestall the rightful occupants of these solitary regions. They
will take possession of the soil, and establish social institutions,
so that when the legal owner arrives at length, he will find the
wilderness under cultivation, and strangers quietly settled in the
midst of his inheritance."

The lands of the New World belong to the first occupant and
they are the natural reward of the swiftest pioneer. Even the
countries which are already peopled will have some difliculty
in securing themselves from this invasion. I have already al-
luded to what is taking place in the province of Texas. The
inhabitants of the United States are perpetually migrating to
Texas, where they purchase land ; and although they conform
to the laws of the country, they are gradually founding the em-
pire of their own language and their own manners. The prov-
ince of Texas is still part of the Mexican dominions, but it will
soon contain no Mexicans ; the same thing has occurred when-
ever the Anglo-Americans have come into contact with popula-
tions of a different origin.

It cannot be denied that the British race has acquired an
amazing preponderance over all the other European races in
the New World ; and that it is very superior to them in civiliza-
tion, in industry, and in power. As long as it is only surrounded
by desert or thinly peopled countries, as long as it encounters no
dense populations upon its route, through which it cannot work
its way, it will assuredly continue to spread. The lines marked
out by treaties will not stop it ; but it will everywhere transgress
these imaginary barriers.

The geographical position of the British race in the New
World is peculiarly favorable to its rapid increase. Above its
northern frontiers the icy regions of the Pole extend ; and a few
degrees below its southern confines lies the burning climate of
the Equator. The Anglo-Americans are, therefore, placed in
the most temperate and habitable zone of the continent.

It is generally supposed that the prodigious increase of popu-
lation in the United States is posterior to their Declaration of
Independence. But this is an error : the population increased
as rapidly under the colonial system as it does at the present
day ; that is to say, it doubled in about twenty-two years. But
this proportion, which is now applied to millions, was then

n [This was speedily accomplished, Russian settlements were acquired by
and ere long both Texas and California purchase.]
formed part of the United States. The

DEMOCRACY IN AMERICA

439

applied to thousands uf inhabitants ; and the same (act which
was scarcely noticeable a century ago, is now evident to every
observer.

The British subjects in Canada, who are dependent on a king,
augment and spread almost as rapidly as the British settlers of
the United States, who live under a republican government.
During the war of independence, which lasted eight years, the
population continued to increase without intermission in the
same ratio. Although powerful Indian nations allied with the
English existed at that time upon the western frontiers, the
emigration westward was never checked. Whilst the enemy
laid waste the shores of the Atlantic, Kentucky, the western
parts of Pennsylvania, and the States of Vermont and of Maine
were filling with inhabitants. Nor did the unsettled state of
the Constitution, which succeeded the war, prevent the increase
of the population, or stop its progress across the wilds. Thus,
the difference of laws, the various conditions of peace and war,
of order and of anarchy, have exercised no perceptible influ-
ence upon the gradual development of the Anglo-Americans.
This may be readily understood ; for the fact is, that no causes
are sufficiently general to exercise a simultaneous influence
over the whole of so extensive a territory. One portion of the
country always offers a sure retreat from the calamities which
afflict another part ; and however great may be the evil, the
remedy which is at hand is greater still.

It must not, then, be imagined that the impulse of the British
race in the New World can be arrested. The dismemberment o'
the Union, and the hostilities which might ensue, the abolition
of republican institutions, and the tyrannical government which ,
might succeed it, may retard this impulse, but they cannot pre-
vent it from ultimately fulfilling the destinies to which that race
is reserved. No power upon earth can close upon the emigrants
that fertile wilderness which oflfers resources to all industry,
and a refuge from all want. Future events, of whatever nature
they may be, will not deprive the Americans of their climate or
of their inland seas, of their great rivers or of their exuberant
soil. Nor will bad laws, revolutions, and anarchy be able to
obliterate that love of prosperity and that spirit of enterprise
which seem to be the distinctive characteristics of their race, or
to extinguish that knowledge which guides them on their way.

Thus, in the midst of the uncertain future, one event at least

440

DE TQCQUEVILLE

' 1

I I

is sure. At a period which may be said to be near (for we are
speaking of the Hfe of a nation), the Anglo-Americans will alone
cover the immense space contained between the polar regions
and the tropics, extending from the coasts of the Atlantic to the
shores of the Pacific Ocean. The territory which will probably
be occupied by the Anglo-Americans at some future time, may
be computed to equal three-quarters of Europe in extent." The
climate of the Union is upon the whole preferable to that of
Europe, and its natural advantages are not less great; it is
therefore evident that its population will at some future time be
proportionate to our own. Europe, divided as it is between so
many different nations, and torn as it has been by incessant
wars and the barbarous manners of the Middle Ages, has not-
withstanding attained a population of 410 inhabitants to the
square league./* What cause can prevent the United States
from having as numerous a population in time ?

Many ages must elapse before the divers offsets of the Brit-
ish race in America cease to present the same homogeneous
characteristics: and the time cannot be foreseen at which a
permanent inequality of conditions will be established in the
New World. Whatever differences may arise, from peace or
from war, from freedom or oppression, from prosperity or want,
between the destinies of the different descendants of the great
Anglo-American family; they will at least preserve an analogous
social condition, and they will hold in common the customs and
the opinions to which that social condition has given birth.

In the Middle Ages, the tie of religion was sufficiently power-
ful to imbue all the different populations of Europe with the
same civilization. The British of the New World have a thou-
sand other reciprocal ties ; and they live at a time when the
tendency to equality is general amongst mankind. The Middle
Ages were a period when everything was broken up; when
each people, each province, each city, and each family, had a
strong tendency to maintain its distinct individuality. At the
present time an opposite tendency seems to prevail, and the
nations seem to be advancing to unity. Our means of intel-

o The United States already extend
over a territory equal to one-half of
Europe. The area of Europe is 500,000
square leagues, and its nonulntion 205.-
000,000 of inhabitants. (" Make Brun,"
liv. 114. vol. vi. p. 4.)

TThis computation is given in French
leagues, which were in use when the au-

thor wrote. Twenty years later, in 1850,
the superficial area of the United States
had been extended to 3,306,865 square
miles of territory, which is about the
area of Europe.]"

p See •' Malte Brun," liv. u6, vol. vi.
p. 92.

DEMOCRACY IN AMERICA

441

lectual intercourse unite the most remote parts of the earth;
and it is impossible for men to remain strangers to each other,
or to be ignorant of the events which are taking place in any
corner of the globe. The consequence is that there is less dif-
ference, at the present day, between the Europeans and their
descendants in the New World, than there was between certain
towns in the thirteenth century which were only separated by a
river. If this tendency to assimilation brings foreign nations
closer to each other, it must d fortiori prevent the descendants
of the same people from becoming aliens to each other.

The time will therefore come when one hundred and fifty
millions of men will be living in North America,^ equal in 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 ; and it is a fact new to
the world — a fact fraught with such portentous consequences
as to baffle the efforts even of the imagination.

There are, at the present time, two great nations in the world
which seem to tend towards the same end, although they started
from diflferent points : I allude to the Russians and the Ameri-
cans. Both of them have grown up unnoticed ; and whilst the
attention of mankind was directed elsewhere, they have sud-
denly assumed a most prominent place amongst the nations ;
and the world learned their existence and their greatness at al-
most 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 ; r 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 by the sword.

1/ <".

9 This would be a population propor-
tionate to that of Europe, taken at a
mean rate of 410 inhabitants to the
square league.

r Russia is the country in the Old
World in which population increases
most rapidly in proportion.

1
•■(1

442

DE TOCQUEVILLE

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.

) accom-,
exertions
es all the
strument
eir start-
,me; yet
Heaven

s-1

■y^.