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Les diagrammes suivants lllustrent la m6thode. errata i to t 3 pelure, on A ■■■:-, n 32X 1 2 3 ■ 1 . t 2 3 ^^ 4 5 6 I 1 ( I \l w } DEMOCRACY IN AMERICA VOLUME I. ^^ ,-*>ft' PRIKTKD BT XRLLT AKD CO, MIDDLE MILL, KIK0ST0N-0K-THAME3 ; AND GATE STREET, LINCOLN'S INK FIELDS, W.a •~" • .^^ DEMOCRACY IN AMERICA BY ALEXIS DE TOCQUEVILLE TRANSLATED BY HENRY REEVE, C.B. NEW EDITION WITH A BIOGRAPHICAL NOTICE BY THE TRANSLATOR AND A PREFACE IN TWO VOLUMES VOL. L LONDON LONGMANS, GREEN, AND CO, AND NEW YORK : 15 EAST IGtn STREET 1889 All right t reterved / ! 1 PREFACE TO THIS EDITION BY THE TRANSLATOR. > M « At an advanced time of my Lfe another edition is required of the translation of this work, which I published fifty-four years ago. It is gratifying to find that this long period of time has rather increased than diminished the interest which is felt in the writings of M. de Tocqueville and the respect entertained for his opinions. Not many writers on speculative politics have stood the test of time or acquired a permanent authority in political science; but in the opinion of the present generation, the works of M. de Tocqueville stand not far below those of Montesquieu and Burke, and they may be ranked with those of the late Sir Kenry Maine, to which they bear a striking resemblance. If the piincipal object of M. de Tocqueville had been to describe the political and social institutions of the United States, as he saw them nearly si-ty years ago, his work would now be obsolete, for that country has undergone changes in the last half-century surpassing the furthest extent of human foresight. The population of the North American States has quadrupled. Their territory has extended from the Atlantic to the Pacific. The number of the sovereign State ^ of the Union has been raised to forty-two, each of them possessing an independent legislature and executive, subject only to the terms of the Federal compact. The rural townships of New vl PREFACE TO THIS EDITION. England, in which M. de TocqueviUe studied the discreet and orderly action of democratic institutions, have given place to huge and turbulent cities. The equality of conditions has been modified by the acquisition of enormous wealth, and the in- crease of a proletariate, swelled by a vast immigration from Europe. The negroes are emancipated. The Indians have dwindled away. The fertile valley of the Mississippi, which was ^ desert in 1832, is already peopled by niiillions of citizens. The power of the Eastern and maritime States is passing to the West : and the immense development of the material and industrial resources of the country has changed the aspect of the Union, and, in some respects, the very life of the nation. But the true object of M. de Tocqueville's researches was not so much to describe the condition of the American people and their i^istitutions, as to forecast the effects upon mankind of the progress of democracy, which he regarded as an irresistible revolution, transforming, destroying, or perhaps regenerating the condition of the world. The theme of his book is not America, but Democracy. In America, as he says, in the introductory chapter which supplies a key to the whole work, he * saw more than America : he sought the image of * Democracy itself, with its inclinations, its characters, its pre^ < judices, and its passions, in order to learn what we have to * fear or to hope from its progress.' His observations on the peculiar condition of American society are no more than illustrations of the great problem of the age. The main drift and purpose of all he wrote was not so much to criticise America as to study the future of Europe, and especially of France. (Jn America the establishment and progress of Democracy was easy, natural, and unopposed, for it had free scope in a new country and an uninhabited territory.*) In France it has been accomplished by a series of revolutions and by the ruin of the institutions of a thousand years : and what has been substituted for them ? These are the considerations which press even more keenly on the minds of men at the present time than they did when this book was written. They apply not only to France, but to .PAJFACE TO TJf IS EDITION, VII ourselves, and to every State in Europe. The onward move- ment is everywhere felt. The ultimate result is everywhere obscure. But nowhere is the subject discussed with more wisdom, subtlety, and impartiality than in these pages. Hence the application of the work (as the elder writers would have termed it) is direct and permanent, for it concerns not the past but the present and the future, not of one country, but of the civilized world. By a singular coincidence this present year is the centenary of two of the principal events of modem history — the final adoption of the Federal Act of Union by the United States, and the commencement of the French Revolution, (in both countries a democratic system of government was established, in America by an admirably regulated constitutionJ in France by the destructive overthrow of the monarchy. We have before our eyes the instructive wesson of a hundred years. In America democratic institutions have raised a people to great prosperity and power ; in France they have plunged a great nation into a state bordering on anarchy, for although the strong administrative system of the Empir still holds society together, the traditions of government have. present, ceased to exist, and the existence of the State is i' re. The contrast is striking, but not more SL..king than the conflict of opinions which everywhere exists as to the ultimate consequences of the democratic revolution. There are those who believe, with the first members of the National Assembly of 1789, that a period of reconstruction and regeneration has arrived : that we are witnessing a new birth of society, or as some of themr^^nthusiastically expressed it, < a new heaven, and a new earth ! ' That the conditions of human life will be changed by the transfer of power to popular election: and that the voice of the people will solve the most intricate questions of government. But even the successful experience of America has not altogether realized the hopes of the more ardent apostles of the democratic party, (since it has shown that equality of rights does not mean equality of conditions, and that popular election, the grand instrument viii PREFACE TO THIS EDITION, of democracy, is liable to be so manipulated and controlled by artifice or by accident, that the freedom of individual opinion may be craved by organization as effectively as by tyranny or corruption^ There are those, on the other hand, who are more impressed by the destructive powers of unin- structed numbers and impatient poverty ; who do not believe that the government of a great nation can be carried on with success upon an unstable basis, shaken by the passions or delusions of men without experience of affairs of State, guided more by party or by personal interests than by an enlightened devotion to the welfare of all classes; and who fear that if supreme power is wrested from the hands of the wisest and ablest members of the community law will be less respected, order less maintained, and the fundamental principles of social life attacked. These adverse tendencies of a democratic age are both of them impartially indicated and discussed in these volumes. They might be further illustrated by numerous events which have occurred since these volumes were written. But the principal object of the writer was to point out by what means, in his opinion, the advantages of democracy may be secured and its dangers averted, y^hatever be the form of a govern- ment its success depends on the wisdom and rectitude of those who are placed at the head of affairs, and the more a nation advances in freedom the more essential it becomes that its statesmen should n >t be swayed by popular agitation but governed by sound principles of action^ (^The conclusion to be drawn from this work is that the fate of democratic society will be determined, for better or worse, by the moral qualities of those who are called upon to control its excesses and to direct its course. They will hold in their hands the future destinies of the worldl Henry Reeve. Foxholes, Chbistcbuboh, April, 1889. INTRODUCTORY NOTICE BY THE TRANSLATOR. Fifty-eight years have now elapsed since the author of this book visited the United States of America ; fifty-four years since the publication of the first portion of his commentary on the American Constitution ; forty-eight years since the publication of the concluding portion of his task, which forms the second volume of the present edition. Revolu- tions, both political and social, of extraordinary magnitude and frequent recurrence, have, in this interval, changed the condition of many of the greatest States in either hemisphere, and modified the aspect of society itself. Nor can any man, to whom it is given to look back through this long vista of life, recall without emotion the scenes he has witnessed in the moving drama of the world. Yet the demand for this work is still considerable, and I am induced to publish a cheap and popular edition of it, for time would already have consigned it to oblivion if it had not a lasting claim upon the interest of mankind. Experience has demonstrated the profound sagacity with which the youthful author analysed the great political and social problems of the age ; and at every page the reader meets with some searching intuition, which, seen by the light of subsequent events, seems to bear the mark of prophetic power. The tendency of democracy in France to the re-estab- lishment of absolute government — the tendency of democracy SH; X INTRODUCTORY NOTICE. in America to a disruption of the Federal Union, ending in Civil War and the subjugation of one portion of the country by the other, in spite of the wisdom which had framed the American Constitution and the circumstances which favoured its duration — the tendency of democracy to change, and in some cases to lower, the cf iition of society in other countries — are here not only indicated, but described with a precision which could hardly be surpassed after the occurrence of these events. Many of the facts referred to in these volumes have been modified by subsequent events ; but such is the sound- ness of M. de Tocqueville's political principles, and the accu- racy of the judgments based upon them, that every opinion is as worthy of consideration as at the time when it was first formed, and may serve as a guide to futurity itself. The value of this book consists, not in the careful and exact description of the institutions and resources of the United States at the time the author visited America, for these have undergone changes and a prodigious increase ; but rather in the study of that great social and political revolution, which is gradually moulding and transforming in our age the institutions of the civilised world. It is this which has given to this work an importance and a significance scarcely understood at the time when it was first puolished, and has made it a text- book of every political student ; yet not to the political student only, for in the Second Part the author combats, in the spirit of a Christian and a philosopher, the sceptical and materialist tendency of democratic ages. I avail myself of the present occasion to prefix to these pages some faint memorials of their illustrious author, which have already appeared, for the most part, in another place. The most conspicuous monument of his wisdom and his virtues is to be found in the work which laid the basis of his fame; but even his writings derive addi- tional lustre from the purity and elevation of his character. To some extent the * Memoir and Correspondence of M. de •Tocqueville,' published by M. Gustave de Beaumont, and ably rendered into English by another hand, have contri- INTRODUCTORY NOTICE. XI buted to make known to the world qualities which, while he lived, lay folded and hallowed in the recesses of friendship and of domestic life ; and it n .y not be out of place to con- nect a brief notice of his career with this edition of his first literary production. M. de Tocqueville exclaimed in early youth to his inti- mate friend, who has since become his biographer : — * II n'y a pas 8l dire, c'est I'homme politique qu'il faut faire en nouls.' His studies, his journeys, his pursuits, wer j already directed to a life of political action. He engaged in politics with matchless ardour, and with an ambition the more intense .that it was absolutely free from the slightest taint of personal interest. He pursued this noble enterprise for fifteen years, in the contests of parliamentary debate, in the paroxysms of revolution, in the ranks of a Constituent Assembly, in the service of the President of the Republic, and in the direction of the Department of Foreign Affairs. He witnessed the catastrophe which extinguished the liberties of his country, and realised the darkest of his own marvellous predictions ; bub subjection to despotic power wasted him like an in- curable disease, and amongst the causes which doubtless con- tributed to exhaust his delicate and sensitive frame was the ever-recurring thought that he who survives the freedom and the dignity of his country has already lived too long. After the Revolution of February 1848 a thick darkness settled over the history of the French nation. Men learned to whisper their opinions. The former divisions of party appear ludicrous and mischievous, when they are measured by that great chasm which yawns between Imperial des- potism and constitutional freedom. Those who, like M. de Tocquv'^ville himself, have actually written a record of the political events in which they took part, bury their manu- scripts or deposit thera in foreign countries, till better times shall vindicate the rights of history. Yet a knowledge of M. de Tocqueville's birth, parentage, and connexions, is required to explain the true bearing of xu INTRODUCTORY NOTICE, his political opinions; and this is the chief result which can be drawn from so uneventful a biography. It is not, however, an unimportant result, if it removes a misconception which has very generally prevailed as to the spirit and design of his principal writings. Because M. de Tocqueville based his literary and political reputation on the study of demo- cracy and democratic institutions, it was hastily inferred that these institutions were the object of his own predilections. Because he described with perfect impartiality the means by which the American people appeared to have succeeded in combining a highly democratic state of society with a free and regular government, it was supposed than M. de Tocqueville carried a love of democracy to the length of re- publicanism. Even among some of his intimate friends an opinion existed that his political principles had in them something extreme and revolutionary, and his own family, ardently attached to the royalist party in France, were half alarmed at the audacity and the fame of the most illustrious member of their house. The truth is, that this celebrated book had the singular good fortune to find equal favour in the eyes of opposite parties. It was hailed with equal satis- faction by the ard3nt friends of democracy and by those who dread the exclusive predominance of democratic power. The former were gratified by M. de Tocqueville's admission of the preponderance of this great element in modern societies, and by his prediction of its future dominion over the world ; the latter were no less struck by the acuteness with which he pointed out its tendency to favour absolute government, and to degrade tht noblest faculties of man. His doctrine of the universal extension of social equality was applauded by Mr. Mill and Mr. G-rote; his doctrine of the tyranny of democratic majorities was quoted with extraordinary effect by Sir Robert Peel, when he was laying the foundations of the great party of conservative resistance, after the popular movement of 1832. But no party objects whatever entered into the mind of M. de Tocqueville himself. Even in this controversy, which may be said to have formed the business \ INTRODUCTORY NOTICE. ySSCx of his life, because he saw more clearly than any other man that the fate and freedom of the world depend on it, he maintained an inviolable impartiality, the more difficult and meritorious that his personal sympathies inclined to the cause of aristocracy, although the result of his profound political observations led him to believe that the cause of aristocratic government was irreparably lost, and that demo- cracy must hereafter be mistress of the world. This apparent contradiction was perfectly well explained by himself in a letter to his friend Stoflfels, which deserves to be cited. StoflFels had imagined that the tendency of his theories was radical and almost revolutionary. M. de Tocqueville replied, that his love of liberty was tempered by so great a respect for justice, and so genuine a love of law and order, that he might fairly pass for a Liberal of a new sort, not to be con- founded with most of the democrats of the time. The follow- ing sentences contain his own view of the book he had just published : — * The political object of the work is this : I have sought to show what a democratic people is in our days, and by this delineation, executed with rigorous accuracy, my design has been to produce a twofold eflfect on my contemporaries. To those who make to themselves an ideal democracy, a brilliant vision which they think it easy to realise, I under- take to show that they have arrayed their picture in false colours ; that the democratic government they advocate, if it be of real advantage to those who can support it, has not the lofty features they ascribe to it ; ani, moreover, that this government can only be maintained on certain conditions of intelligence, private morality, and religious faith, which we do not possess; and that its political results are not to be obtained without labour. To those for whom the word "de- mocracy" is synonymous with disturbance, anarchy, spolia- tion, and murder, I have attempted to show that /the govern- ment of democracy may be reconciled with respect for pro- perty, with deference for rights, with safety to freedom, with reverence to religion ; that if democratic government is less XIV INTRODUCTORY NOTICE, favourable than another to some of the finer parts of human nature, it has also great and noble elements; and that per- haps, after all, it is the will of God to shed a lesser grade of happiness on the totality of mankind, not to combine a greater share of it on a smaller number, or to raise the few to the verge of perfection. I have undertaken to demonstrate to them that whatever their opirion on this point may be, it is too late to deliberate ; that society is advancing and dragging them along with itself towards equality of conditions ; that the sole remaining alternative lies between evils henceforth inevitable; that the question is not whether aristocracy or democracy can be perpetuated, but whether we are to live under a democratic society devoid indeed of poetry and great- ness, but at least orderly and moral, or, under a demiocratic society, lawless and depraved, abandoned to the frenzy of revolution, or subjected to a yoke heavier than any of those which have crushed mankind since the fall of the Eoman Empire) I have sought to calm the ardour of the former class of persons, and, without discouragement, to point out the only path before them. I have sought to allay the terrors of the latter, and to bend their minds to the idea of an in- evitable future, so that with less impetuosity on the one hand, and less resi'itance on the other, the world may advance more peaceably to the necessary fulfilment of its destiny. This is the fundamental idea of the book; an idea which connects all its other ideas in a single web, and which you ought to have discerned more clearly than you have done. There are, however, as yet very few persWis who understand it. Many people of opposite opinions are pleased with it, not because they understand me, but because they find in my book, con- sidered on one side only, certain arguments favourable to their own passion of the moment. But I have confidence in the future, and hope the day will come when everybody will see clearly what a few only perceive at present.' — Tocqueville Correspondencef vol. i. p. 427. In a letter to one of his English friends, he expresses with greater precision his own personal connexion with the subject : — U INTRODUCTORY NOTICE. wv f People want to make me a party man, which I am not. They ascribe to me passions when I have only opinions — or rather but one passion, the love of freedom and human dignity. (A\\ forms of government are in my eyes but means to satisfy this sacred and lawful passion of man! Demo- cratic and aristocratic prejudices are alternately ascribed to me. I should perhaps have had these or those had I been born in another century or in another country; but the accident of my birth has easily enabled me to defend myself against either tendency. I came into the world at the end of a long revolution, which, after having destroyed the former state of things, had created nothing lasting in its place. Aristocracy was already dead when I began to live, and democracy was not yet in existence. No instinct, there-> fore, impelled me blindly towards one or the other. I was an inhabitant of a country which had been for forty years trying everything and stopping definitively at nothing. I was not easily addicted to political illusions. Belonging myself to the old aristocracy of my country, I had no natural hatred or jealousy of aristocracy ; nor had I any natural love of it, for people only attach themselves to what is in existence. I was near enough to judge it with knowledge, far enough to judge it without passion. The same may be said of the democratic element. No int' I'est gave me a natural or necessary propensity to democracy ; nor had democracy inflicted on me any personal • injury. I had no particular motive to love it or to hate it, independently of my own reason. In a word, I was so well balanced between the past and the future, that I did not feel myself naturally and instinctively drawn towards one or the other, and it was no great effort to me to take a tranquil survey of both sides.' — Tocqueville Correspondence, vol. ii. p. 70. The maintenance of this state of philosophical impartia- lity, widely remote from indifference, was one of the great objects of M. de Tocqueville through life, and it is one of the finest qualities of his writings. He was, as an ingenious writer expresses it, essentially * binocular ; ' he saw correctlyj (I xvi INTRODUCTORY NOTICE. because he saw the object in two positions at once, the acgle of one point of vision correcting the obliquity of tlia other. But this singular rectitude of judgment must be attributed to the skill with which he preserved the balunce between his sympathies and his understanding, rather than to the absence of those passions to which other men are more apt to yield. The family of Clerel, or, as it was anciently spelt, Glarel, has been established for many centuries in the peninsula of the Cotentin, on the Norman coast, and the village and lands of Tocqueville give them their territorial designation. The Clerels figure in the roll of Battle Abbey, among the companions of the Conqueror; for an extraordinary number of the gallant Norman adventurers who overran Britain, and filled the world with their exploits, drew their first breath in some manor-house of this district. Tradition indeed relates that the village of Tocqueville owed its name to a Norman chief, or sea-rover, called Toki, whose tumulus may still be seen on the high ground above the chateau : and certainly this point commands a vast range of sea and land of no common historic interest ; — hard byj Barfleur, now a neglected port, but once famous in the annals of English royalty and English wars ; to the east, the Hogue ; to the west, Cherbourg. On this spot the seigneurs of Tocqueville have dwelt for many generations, leading the life of the country gentlemen of France before the Bevolution, always ready to pay their debt to their country with their blood, for their descendant relates in one of these letters that his grandfather and his great-uncle perished on the field of battle or died of their wounds ; seeking their amusements in field sports or in the neighbouring county town of Valognes ; proud of their gentle descent, though not entitled to be ranked among the highest order of the French nobility. Their actual residence at Tocqueville dates from about 250 years ago. Before that time the Clerels lived on an estate at Rampan, near St. L6, and the family was known as INTRODUCTORY NOTICE, xvn Clerel de Rampan. Several of the Seigneurs de Rampan figure in the annals of the Parliament of Rouen in the seven- teenth century ; and as the spirit and learning of the French provincial magistracy — the old Parliamentary spirit — was the very salt of the nation before the Revolution of 1789, it rr.a^ be said that Alexis de Tocqueville inherited the quali- ties for which this order of men was justly conspicuous. But when he himself went to the bar, an old country neigh- bour, well versed in Norman pedigrees, the Countess de Blangy, who had inherited the domain of the Abb^ St. Pierre in the same district, said to the young atagiaire, * Souvenez-vous, Monsieur, que votre famille a toujours ete de la noblesse d'epee.' She was right in point of fact. The Clerels had always been soldiers, and long before 1789 the family bore the title of Count. That title, subsequently con- ferred by Louis XVIII. on the father of Alexis, was no more than the recognition of an ancient distinction. It is still borne by the elder brother and representative of the House, but Alexis himself always refused to adopt it, and he men- tions in one of his letters to Madame Swechine, that titles had long ago lost in his estimation and in France all meaning and all value. The Chateau de Tocqueville consisted originally of what would be termed, north of the Tweed, a * peel ' flanked by a huge tower of enormous solidity, and this part of the edifice is probably as old as the battle of Agincourt. Such was the type of the Norman manor-house of the fifteenth century. But when the gentry of the Cotentin had ceased to dread the incursions of English marauders, their houses expanded, and in the reigi of Louis XIII. the chateau was considerably enlarged. A quadrangle was built, which served partly for the residence of the family and partly for farm buildings, the windows looking out on the farm-yard in the middle, A large dovecote, though now guiltless of pigeons, still marks the ancient seignorial right of the lord to keep his pigeons at the expense of his peasantry ; and a stain over the door indicates the spot from which the Revolution of '93 VOL. I. a 1 1 XVlll INTRODUCTORY NOTICE, tore the escutcheon of the family. The quadrangle has made way for the convenience of a modern approach, and the old chateau has assumed the elegance of a mansion of the nineteenth century; but every stone of it tells of the past. Alexis de Tocqueville came into possession of this residence by a family arrangement in 1837. He speaks of it in one of his letters at that time as * mon pauvre vieux Tocqueville,' a sort of big farmhouse, which had not been inhabited for half a century. Indeed at that time the floors were gone, and the roof was in danger, though happily the old * girouette f^odale ' still turned on the big tower. Bat its aspect was speedily changed; it became for the next twenty years the scene of uninterrupted domestic happiness, and of never-failing rural interests, a repose after the con- tests of political life, a retreat in the dark hour of national adversity, aid the scene of literary labour, of liberal hospi- tality, of counsel and consolation to all who needed or asked for them. At an early age the father of Alexis entered into pos- ■session of this inheritance, then surrounded with all its seignorial rights, and contracted a marriage with Mdlle. Lepe- letier de Eosambo, a granddaughter of M. de Malesherbes. This connexion with a house so distinguished as that of the Lamoignons proves the consideration at that time enjoyed by the Clerels of Tocqueville. M, de Tocqueville's connexion with the old Marquise d'Aguesseau was also by hi3 mother's side, Madame d'Aguesseau being one of the three daughters in whom the Lamoignon family expired. One of her sisters married Count Mole's father, and the other M. Feydeau de Brou. The paternal grandfather of Alexis de Tocqueville married Mdlle. de Damas Crux, whence the Duke de Damas was his great-uncle. After the execution of the King M. de Malesherbes re- turned to his country-seat. And it was at this very time and under these distressing and alarming circumstances at the Chateau de Malesherbes in 1793 that the Count de Tocqueville married his granddaughter. Barely six months INTRODUCTORY NOTICE, tAx rangle has roach, and mansion of slls of the m of this speaks of ,uvre vieux [ not been } the floors tiappily the 5wer. But r the next happiness, jr the con- of national Deral hospi- ed or asked i into pos- ith all its dlle. Lepe- alesherbes. that of the e enjoyed connexion 13 mother's daughters her sisters eydeau de Tocqueville de Damas aherbes re- very time istances at Count de six months had passed after the marriage, Malesherbes still living on his estate with the several branches of his descendants, when his eldest daughter and her husband, M. de Kosambo, were torn from him by the revolutionary emissaries. A few days later Malesherbes himself and all the other members of his family were also seized; and on the 22nd April, 1794, he was sent to the scaffold with his daughter, his grand- daughter, recently married to M. de Chateaubriand, and her husband, the elder brothe? of the well-known statesman and writer. They were executed before his eyes, and his own death inststntly followed that of those he loved. M. and Madame de Tocqueville, she being a sister of Madame de Chateaubriand, were arrested at the same time, and re- mained for several months in the Conciergerie, until they were liberated by the fa?l of Eobespierre. I remember to have heard that the first thing they did after their liberation was to drive about Paris for a whole day in a hackney coach, partly for the enjoyment of the sense of freedom, and partly from the confusion of mind produced by the scenes they had witn-^.ssed and the perils they had escaped. They returned, however, to their family mansion : the plate had been buried, and was saved; a service of Dresden china had also been buried in another part of the grounds, but the clue to the hiding-place was lost, and it has never been rediscovered. The Tocquevilles never emigrated; they therefore retained their landed property, and continued to live peaceably upon it. In 1805 Alexis, their third son, was bom in Paris, but soon afterwards, being still an infant, he was brought to Tocqueville in a panier slung across a horse, with his nurse on a pillion. In those primitive times, scarcely fifty years ago, there was no such thing as a road for wheeled carriages from the mansion of a country gentle- man to the village, or even from the village to the chief town of the department. I relate these details (which I heard from M. de Tocque- ville himself) because, independently of the interest they may possess, they serve to show the influence of the Eevolution 2a f XX INTRODUCTORY NOTICE. on the last and present generations of the French. In the higher ranks of society, more especially, there is hardly a family in which events of the deepest tragic interest have not occurred within living memo}- d if the actual wit- nesses of those dreadful scenes ha . -i jw almost disappeared, their children received from them in early life impressions which no time can efface. When Alexis de Tocqueville was bom, less than eleven years had elapsed since the most illus- trious members of his mother's family had perished on the scaffold. The age of martyrs was still near. Is it yet over ? Tocqueville himself was wont to say that he lived in a country where no man could foretell with certainty whether he should die in his bed or on the block. These traditions doubtless contributed to produce on a mind, naturally so sensitive and so reflective, impressions of which he was him- self scarcely conscious. His family was ardently royalist, and might be compared to a high Tory family on this side the water; with some change of conditions, their prejudices and disposition of the mind were the same. His education was scanty, having been conducted by an Abbe Lesueur, whose death, during his absence in America, he affectionately de- plored. But that which was not scanty and not deficient was the high principle, the lofty conception of truth and duty^ the unselfish dignity, with which his father, like him- self, was completely imbued. On the Count's death, in 1856, Alexis wrote to M. de Corcelles, one of his most intimate and highly-valued friends : — * You are right. If I am worth anything, I owe it above all to my education, to those ex- amples of uprightness, simplicity, and honour which I found about me in coming into the world and as I advanced in life. I owe my parents much more than existence.' The following anecdote, related by himself, recalls these impressions of his early life : — *That sort oi idolatry of royalty which ennobled obe- dience, and made men capable of acts of self-sacrifice, not only to the principle of government, but to the person of the sovereign, may be said to be gradually disappearing entirely INTRODUCTORY NOTICE. xxt from the world. In some countries, as in France, not a trace of it remains. I met with it again in your narrative, and the more kindly as the scenes to which it belongs carry me back to the earliest days of my childhood. I remember even now, as if it were still before me, one evening, in a chUteau where my father was then living, and where some family rejoicings had brought together a large number of our near relations. The servants had retired. We were all sitting round the hearth. My mother, who had a sweet and touch- ing voice, began to sing an air well known in our civil dis- turbances, to words relating to Louis XVI. and his death. When she ceased every one was in tears, not for the personal sufferings they had undergone, not even for the loss of so many of our own blood on the field of civil war and on the scaffold, but for the fate of a man who had died fifteen years before, and whom most of those present had never seen. But that man had been the King.' Alexis de Tocqueville was ten years old at the Kestoration in 1815, and his father became successively prefect at Metz, at Amiens, and at Versailles. He was also raised, very deservedly, to the rank of a peer of France. These muta- tions had some effect on the earlier career of his son. In 1822 he gained the prize of rhetoric at the academy of Metz ; and in 1827 he entered the profession of the magistracy, as Juge Auditeur at Versailles. In the interval he had made a tour in Italy, of which some record has been preserved. Probably he had then never heard of the celebrated passage in Gribbon's Memoirs, where that great historian relates that the idea of his * Decline and Fall ' came into his mind as he sate amidst the ruins of the Capitol and heard the voices of the barefooted friars singing vespers in the Temple of Jupiter. But a similar vision seems to have passed over the mind of another youthful traveller on the same spot; as Tocqueville describes in his journal a procession of barefooted friars mounting the steps of the Ara Coeli, whilst a shepherd calls his goats browsing in the Forum, the past history of Rome rises before him, and ^"3 traces the extinction of her *TW»l»^W«w xxii INTRODUCTORY NOTICE. greatness to the day when her liberties fell beneath the sceptre of imperial power. The following years were eagerly devoted to extend the range of his education, as well as to qualify himself for his legal functions; but it is easy to perceive that his ambition would never have contented itself with the honours of the bench, and, in those days more especially, the whole youth of France were launched with inconceivable energy in his- torical researches, in literary controversies, in philosophical theories, which called forth the full powers of a mind earnest in the pursuit of all knowledge. In political affairs he took as yet no part, but his sympathies were entirely on the side of the Liberal party, whilst his remarkable foresight enabled him to discern the perils of the monarchy. In August, 1829, on the formation of the Polignac Ministry, a year before the celebrated Ordinances, he wrote : — * These ministers can neither summon a new chamber with the present Jaw of election, nor pass a new law of election in the existing chambers. They are launched then on the plan of co pa (PStatyot laws by ordinance; that is, the question lies between the royal power and the popular power, a conflict in closed lists, a conflict in which, in my opinion, the popular power only stakes its present, but the royal authority will stake both present and future. If this ministry falls, the crown will suffer much from its fall ; for. it is the creation of the crown, and it will cause securities to be taken hereafter, which will still further restrict a power already too limited. God grant that the House of Bourbon may not one day repent what has just been done!' — TocquevilU Correspondence^ vol. ii. p. 6. The Eevolution, which in 1830 realised these sinister predictions, was a severe, if not a fatal blow to the hopes of. a man of five-and-twenty entering on public life with M. de Tocqueville's prospects and opinions. It was not only that his personal chances of advancement in the world were at an end, and that his family, deeply imbued with the> passions of the Royalist party, viewed with horror a new INTRODUCTORY NOTICE. XXlll )eneath the fonn of popular government. These considerations had small weight with a mind alike disinterested and indepen- dent. But it became manifest in 1830 that the passions of the French Revolution had slumbered, but were not extinct. Another experiment had failed — another form of government had been overthrown. To use an expression of his own, *The Revolution has not stopped. It no longer, indeed, brings to light any great novelties, but it still keeps every- thing afloat. The mighty wheel turns and brings nothing up, but it seems that it will turn for ever.* What then was this blind but irresistible force which swept before it in ever- recurring paroxysms the institutions, the orders, the govern- ment of the country ? Not merely the love of freedom, for freedom has existed in England for nearly two hundred years, without any grave perturbation of social order, and it has existed for seventy years in the United States, combined with a purely democratic state of society. Nor indeed had the love of freedom acquired any permanent hold over the French people. They adored it in 1789, they were indif- ferent to it in 1800; and the same phenomenon has since been repeated. One of the last passages which has been preserved from M. de Tocqueville's pen describes his country- men in the following words : — 'Accustomed though we be to the fleeting inconsistency of men, there is something astonishing in so vast a change in the moral inclinations of a people; so much selfishness succeeding to so much patriotism, so much indifference to so much passion, so much fear to so much heroism, so great a scorn for that which had been so vehemently desired and so dearly purchased. A change so complete and so abrupt cannot be explained by the customary laws of the moral world. The temperament of our nation is so peculiar that the general study of mankind fails to embrace it. France is for ever taking by surprise even those who have made her the special object of their researches ; a nation more apt than any other to comprehend a great design and to embrace it, capable of all that can be achieved by a single effort of II i 11 XXIV JNTRODVCTORY NOTICE, whatever magnitude, but unable to abide long at this high level, because she is ever swayed by sensations and not by principles, and that her instincts are better than her morality; a people civilised among all civilised nations of the earth, yet, in some respects, still more akin to the savage state than any of them, for the characteristic of savages is to decide on the sudden impulse of the moment, unconscious of the past and careless of the future/ This inconstancy in the pursuit of political objects, this inability to estimate the true value of such objects or to retain them, and lastly the malignant passions which the Eevolution had arrayed against all social, intellectual, and moral superiority, were the evil powers which Alexis de Tocqueville resolved to combat and to resist. The shock of the Revolution of 1830 was scarcely needed to teach him that a deep gulf lay fixed between the principles to which he was immutably attached, and the dreams which his ' countrymen were determined madly and vainly to pursue. He was led, or rather compelled, to the study of democratic institutions not by any natural sympathy with popular agita- tion or any illusion as to the results of it, but by consterna- tion at the ravages it had already made, and by a deep-seated dread of its furthest consequences, throughout his writings,''^ throughout his parliamentary career, throughout his corre- spondence, the conviction may be traced that modern demo- cracy tends to the establishment of absolute power, unless it be counteracted by a genuine love and practice of freedom. The modern theory of democracy is not so much a love of freedom as the love of a particular kind of power. Demo- cratic power differs in its origin, but not at all in its nature, from other forms of absolutism. It is as impatient of con- trol, as liable to overleap the restraint of law, as much addicted to flatterers and abuses, ^ the most arbitrary monarchy or the corruptest oligarchy| He perceived that freedom itself could with difficulty be practised or maintained in countries where high principles were giving way to low interests ; where the spirit of personal dignity and indepen- , i ' INTRODUCTORY NOTICE. xxr dence was crushed by the government and hated by the masses; where, to use his own illustration, the impulses of savage life prevailed over the laws of civilisation, and revolu- tion triumphed over tradition, ^e perceived, too, that as the ruling principle of democracies is the principle of interest, 80 the principle of aristocracies, if they are to last, must be that of duty ) It is apparent from what we have already said of his descent and education, that he belonged by nature to a chosen order of men. Indeed, the extreme delicacy of his physical organisation, the fastidious refinement of his tastes, the exquisite charm of his manners, made him the very tjrpe of a high-bred gentleman ; and if these were in him the out- ward signs of distinction, not less was he ennobled by the very soul of chivalry, by that purity and simplicity of character which are the truest nobility, and by a combina- tion of manly virtues with an almost feminine grace — qualities which Englishmen are wont to trace to an ideal perfection in the person of Sir Philip Sidney. Conceive such a man placed by fate on the brink of the French Kevolution, stripped of the traditions of the past by one blast of that great convulsion, robbed by another blast of the hopes of the future, hating with an equal hatred the abominations of the Ancien Regime, the crimes of the Revolution, and the iron yoke of the French Empire, whether imposed by the military genius of one Napoleon or by the civil craft of another ; and all this time, viewing with almost superhuman penetration and with patriotic despondency the gradual decline of the French people from that standard of moral dignity and public spirit with could alone enable them to fulfil the generous aspirations of their forefathers ! Well aware of the difficulty, perhaps the impracticability, of so great an enterprise, he never ceased to contend for those genuine principles of liberty which could alone, as he thought, preserve society and civilisation from the greatest calamities. Such were the views, still probably indistinct, which led the young * Juge Auditeur ' to throw up his office at XXVI- INTRODUCTORY NOTICE. Versailles, and in the company of M. Gustave de Beaumont to proceed in 1831 to the United States. A mission was given them by Count Montalivet to examine the Penitentiary System, then recently introduced in America : they performed this part of their duty conscientiously ; but the real motive of their journey was to examine the political institutions of the American people, and the result of it is the book entitled * Democracy in America.' M. de Tocqueville was not thirty years old when his great work, appeared. He woke one morning, like Byron, and found himself famous. *I feel,' said he in a letter to his friend Stoflfels, written in February 1835, * like a lady of the Court of Napoleon, whom the Emperor took it into his head to make a Duchess. That evening, as she heard her- self announced by her new title when she came to Court, she forgot to whom it belonged, and ranged herself on one i side to let the lady pass whose name had just been called. I assure you this is just my case. I ask myself if it be / that they are talking about? and when the fact is esta- blished, I infer that the world must consist of a poor set of people, since a book of my making, the range of which I know so well, has had the effect this appears to produce.* His first interview with Grosselin, the jjabi'sher, was by no means flattering. That great man consented with some hesitation to strike off an edition of five hundred copies, and Tocqueville remarked that it was rather a humiliating condition of the profession of authors to have to treat one's bookseller as if he were a superior being. Nine months afterwards the tables were turned. * I went yesterday to see Gosselin, who received me with the most expansive countenance in the world, exclaiming, " Ah, pa ! mais il pa- rait que vous avez fait un chef-d'oeuvre ! " Is not this the tradesman all over ? ' The success of the book was indeed prodigious. It was instantly translated into all languages. It has become a text-book of constitutional law in the United States, where the English translation has run through num- berless editions. It shortly afterwards opened to Tocque- INTRODUCTORY NOTICE. XXVI 1 Beaumont was given nitentiary performed al motive tutions of £ entitled when his ke Byron, . letter to a lady of b into his eard her- to Court, If on one en called.' if it be I \ is esta- or set of which I produce/ as by no ith some d copies, miliating Bat one's months erday to xpansive lis il pa- this the indeed nguages. ) United gh num- Tocque- ville the doors of the French Institute, and eventually of the Academy. M. Royer-CoUard affirmed that since Montes- quieu, nothing like it had appeared. Even the compositors and readers in the printing-office testified their interest in the production of it. Soon after the publication of his first two volumes in 1835, M. de Tocqueville paid a visit (though not his first visit) to England. He was received by many Englishmen with attention and hospitality, which soon ripened into cordial friendship and the deepest mutual regard. Indeed, no inconsiderable portion of the collection of letters now given to the public mark the strong attachment and the sedulous interest with which he kept up his connexions^ in English society. Perhaps, indeed, there was no society now in existence to which he may be said so naturally to; have belonged, as that which he met with in this country. In the polished circles of Lansdowne House and Holland House, his manners and his powers of conversation ensured him a cordial reception; he found there not only the easy citizenship of good breeding, but the same deep interest in the progress of mankind, and the same ardent attachment to every great and free object, which had become the ruling passion of his life. His own ideal of social excellence and political greatness lay precisely in the combination of aristo- cratic tastes with popular interests, and in that indepen- dence of position and character which is never more com- plete than when it is united to a high sense of the duties and obligations of property and station. Twenty years elapsed before he revisited England, and was again received with all the honours that could be paid by society to one. of the most eminent and interesting men of the time. But during the whole of that interval his intimacy with his. English friends had been strengthened and increased, partly by correspondence, and partly by their visits to his own country house in Normandy. His confidence and his aflFec- tion were not easily given; they were given to few; but when given, his friends became a portion of himself ; none of xxviii^ INTRODUCTORY NOTICE, them was ever in the faintest degree slighted, or neglected, or forgotten ; between them and him, each in his respective manner, there was entire communion ; not one of them ever broke from that charmed circle, nor did the vicissitudes of life at all aflfect the unalterable tenderness of his regard. It is not less interesting to us to know that the first and only object of his aflfections, who became his wife, and who in that name comprised the strongest and purest ties of human existence — his constant companion, counsellor, and friend — with whom no place was solitary to him, and without whom no society was attractive — was an Englishwoman, who brought him fo-- her portion that best of gifts, the comfort and the trust of English domestic life. In 1837, when Alexis de Tocqueville had not been long settled in the old family chateau of his house, he came for- ward as a candidate for the representation of the arrondisae- ment of Valognes in his own department. His reception was not very flattering. A trace of the old revolutionary preju- dices lingered in the neighbourhood ; a cry of pas de noUea was got up: his opponent, a retired cotton-spinner who had built a big house, said : * Prenez garde ! il va vous ramener les pigeons,' pointing to the mighty dovecote of Tocqueville Manor; and, in short, the aristocratic though liberal candi- date was defeated. He was himself surprised at the intensity of the democratic passions which sent up the large Norman farmers to vote against him. * My opponents admit,' said he, * that I have none of the prejudices they ascribe to the nobility; but there is something in the head of these fellows against us which resembles the instinctive aversion of the Americans to men ^f colour.' So that by a curious contra- diction, at the very moment when the * Democracy in Ame- rica ' was in everybody's hands, and generally regarded as a vindication of democratic institutions, the democracy of his own country rejected the author for his aristocratic descent. It is true that his opponent also had the support of the Government, and that by M. de Tocqueville's own act and choice. When Tocqueville's name was first announced as a .INTRODUCTORY NOTICE^. XXIX candidate, Count Mole, then Prime Minister of France, gave orders that he should have all the support the Government could afford him, and this without the slightest pre-engage- ment or even inquiry as to the line he intended to follow in politics. M. Mole was his kinsman, and no slight admirer of his works. But this proceeding on the part of the Minister ruffled the sensitive pride of Tocqueville. He instantly wrote to M. Mole to decline the support of the Government, and to insist on standing in a position of absolute independence if he were to be elected at all. M. Mole's answer, which has been published, though not written without warmth, is a masterpiece of dignity, good sense, and good breeding. He protested against the supposition that because he had prof- fered the support of the Government without conditions to a man whom he esteemed, this support was to be considered as an intolerable burden or a humiliating bargain ; he ob- served with truth that isolation is not independence, and that a deputy is more or less engaged to whatever party may re- turn him ; lastly, he urged that the ministerial party was not a mere band of dependants, but a body of men acting to- gether from convictions in defence of the parliamentary in- stitutions of the country, a task at no time easy, and certainly rendered more difficult by the opposition and hostility of men of M. de Tocqueville's own character. This correspondence left no unfriendly feeling between these two eminent men ; they were both of them consummate gentlemen, and each knew that the other was contending, not for an interest, but for a principle. Men of that stamp are more eager to sacri- fice a personal interest than to trade on it» Two years later, at the general election of 1839, when M. de Tocqueville had made his way in the department, and had become an object of real attachment to his immediate neighbours and of respect to all the country round, he was elected to the Chamber of Deputies by a great majority, and he retained his seat under all circumstances as long as there was a free Parliament in France. Nevertheless I have adverted to this occurrence because / xxx INTRODUCTORY NOTICE, 1,:; it marks the first important step of M. de Tocqueville in public life by a fixed predetermination to join the Oppo- sition, and to owe nothing at any time to the King's (xovemment. I venture to say that this step on his part, and on the part of several of the able men with whom ho acted, was a most unfortunate one for his own public utility, and for the welfare of parliamentary government in France. That form of Government was not so firmly established that it could resist the attacks of those who '^were in the main sincerely attached to the Constitution, though they disap- proved the policy of the Ministry and the Court; and no one repeated more emphatically than M. de Tocqueville his prophetic warnings that it was not this or that Minister, this or that system, but representative government itself which was at stake and in danger. The fixed idea of his life was that the Constitution would be undermined by the democratic passions of the nation, and encroached upon by the insin- cerity of the Court, until nothing stable would remain, and the overthrow of the Parliamentary system would be followed at no distant time by the despotism of a single ruler. But with a foreknowledge of this danger, which no one else pos- sessed to the same degree, and which as expressed in his earlier writings and speeches looks like a gleam of super- human intelligence, what political conduct ought he to have pursued? He thought it his duty to throw the weight of his lofty intellect and unblemished character on the side of the Opposition. But what was that Opposition? He him- self admits in one of his letters that there never had been a real constituted Opposition in France capable of fighting its way to a majority, and then assuming the direction of affairs. M. Thiers, if he was to be considered its head, was certainly quite as far removed from Tocqueville's standard of political morality as M. Gruizot. To thwart the schemes of the court, and once or twice a year to deliver a few set speeches against the policy of a Cabinet, was, after all, a wretched substitute for true political life. He acknowledged himself that he had no party spirit, yet he acted with those to whom party spirit INTRODUCTORY NOTICE. XXXI vas the sole guir'e, on the principle, as he himself expressed it, 'On n'a quelque chance de maitriser les mauvaises pas- sions du peuple, qu'en partageant celles qui sont bonnes.' Under this influence his votes on some of the party divisions of the day were votes which some of his most sincere friends disapproved at the time, and to which they may look back with regret. Tocqueville was not fitted by nature for opposition; he had none of the passions which belong to it; his speeches were earnest, but not impetuous ; his caution and con- scientiousness restrained him from extreme steps; and in the tribune of the Chamber he fell far short of the greatest orators of his time. The most useful acts of his parlia- mentary life were his reports on the questions of negro emancipation in the French colonies, on prison discipline, and on the administration of Algeria, which are masterpieces of their kind, and ought to be republished with his principal speeches. Thus without taking the foremost rank among the politicians of the day, he devoted himself with extreme ardour and industry to the public interests of his country, and his extraordinary sagacity anticipated in the later years of the reign of King Louis Philippe, the ruin of those insti- tutions which he regarded as the sole bulwark of public morality among a democratic people. At length the storm came. By no other man had it been so clearly foreseen, and for several months before the catastrophe he had carefully abstained from all participa- tion in that mad system of agitation which produced the popular banquets and republican demonstrations of 1847. On the 27th January, 1848, soon after the opening of the last session of the Constitutional Parliament, he rose in the Chamber of Deputies, and said : — * They tell me that there is no danger because there are no disturbances ; they say that as there is no visible pertur- bation on the surface of society, there are no revolutions beneath it. Gentlemen, allow me to say that I think you wrong. Disturbance is not abroad, but it has laid hold of / XXXll INTRODUCTORY NOTICE. men's minds. The working classes are quiet, and are not agitated as they have sometimes been by political passions ; but can you not perceive that these passions, which were political, are now social ? Can you not see that opinions and ideas are spreading amongst them which tend not only to overthrow this or that law, this or that minister, or even this or that government, but society itself, and to shake the foundations on which it rests ? Can you not hear what is daily repeated, that everything which is above their own condition is incapable and unworthy to govern them ; that the present division of wealth in the world is unjust; that property rests upon no equitable basis? And i're you not aware that when such opinions as these take root, when they are widely diffused, when they penetrate the masses, they will bring about, sooner or later, I know not when, I know not how, the most tremendous revolutions ? Such, Sir, \ is my conviction ; we are slumbering on a volcano. I am certain of it.' Within four weeks the eruption took place. The King fled. The Republic was proclaimed ; and not only the Republic, but all the passions of a socialist revolution were let loose on France. Then, indeed, neither Tocqueville nor any one of his poli- tical friends hesitated as to the part they were called upon to pursue. In the first Revolution, the sanguinary violence of a small faction had prevailed over the great majority of the nation. Under the second Republic, the nation itself, appealed to by universal suffrage, gave an unequivocal answer to the call, and elected an Assembly firmly resolved to defend property and public order. An attempt was made by the Revolutionists to annihilate the Assembly itself; it was saved by a miracle; a few days later the fate of the nation hung on the issue of a battle in the streets of Paris. Thanks to the courage and union of the Assembly, the law triumphed, and the country was saved. In all these events M. de Tocqueville took an active part ; and a volume of Memoirs in which he recorded them, for the information JNTRODUCTOR Y NO TICE. XXXIU ion were of posterity, is complete, and may one day see the light. He had naturally been selected by the constituent body as one of the members of the Committee to frame the new Eepublican Constitution ; and it is a curious example of the difficulty of governing human affairs that a Consti- tution, now universally acknowleged to be a masterpiece of absurdity, was the work of several men of undoubted intellectual power and political foresight. An attempt was made by Tocqueville to induce his colleagues to adopt the principle of a second Chamber; but this and every other attempt to construct the machinery of a true Republican Grovemment utterly failed. The Republic was destined to a short-lived existence, between the frenzy of demo- cratic socialism on the one hand, and the violence of that popular reaction which speedily assumed the name of Louis Napoleon Buonaparte. The newly-elected President of the Republic had long appreciated the philosophical insight of M. de Tocqueville into the nature of democratic institutions ; and perhaps he inferred that the predictions of a single dominion, with which his books abound, were naturally to be fulfilled by a restoration of the Empire Soon after his election to the Presidency he invited M. dd Tocqueville to dinner, placed him by his side, and paid him marked attentions. On leaving the Elysee Tocqueville said : — * I have been dining with a man who believes in his own hereditary right to the Crown as firmly as Charles X. himself.' One chance remained to avert the final catastrophe. It was possible that the President might still be content to accept a constitutional position ; to govern by responsible Ministers who hoped to effect a revision of the constitution by legal means. At 'any rate, to abandon or to oppose him was to compel him to resort to an immediate cowp cfStaL On this principle M. Odilon Barrot and the leading liberals formed an administration on the 2nd June, 1849, in which M. de Tocqueville took the important office of Minister of Foreign Affairs. It would be inappropriate here to enter VOL. I. b XXXIV INTRODUCTORY NOTICE. upon the political transactions in which he was engaged. As he said, on quitting his office four months later : — * I have contributed to maintain order on the 13th June, to preserve the gereral peace, to improve the relations of France and England. These are recollections which give some value to my passage through affairs. I need hardly say anything to you of the cause which led to the fall of the Cabinet. The President chooses to govern alone, and to have mere agents and creatures in his Ministers. Perhaps he is right. I don't examine that question, but we were not the men to serve him on these terms.' By a sort of Nemesis the Eoman expedition was made the pretext of the downfall of the Cabinet. The President had always disapproved the enterprise, but weary with long negotiations he chose to take the matter into his own hands ; his celebrated letter to Edgar Ney was a deathblow to minis- terial responsibility in France, and from that moment the violent dissolution of the Assembly and the change of govern- ment were only a question of means and of time. Tocque- ville retired for some months from the scene, for indeed his frail body, exhausted by the fatigues of office, needed repose. He spent the winter at Sorrento, and there laid the basis of the last of his works, which might be termed the Genesis of the French Revolution, traced by him back to its true source, in the vicious institutions of the * Ancien Regime.' He already perceived that in tue impending contest between the President of the Republic and the Assembly all the chances were in favour of Louis Napoleon. In January 1851 he wrote: — * The general aspect of the time seems to me to be a move- ment of the nations away from liberty and towards concen- tration and permanence of power. The circumstance that the most eminent parliamentary chiefs and the best known military commanders are almost all opposed to this move- ment, does not reassure me ; for we live in a democratic age, and a society in which individual men, even the greatest of them, count for very little. To form my opinion, I listen INTRODUCTORY NOTICE. XXXV neither to those who exalt nor to those who depreciate the talents of the pretenders. At such times it is not the man we must look at, but that which raises the man and brings him into power. A dwarf on the crest of a huge wave may be washed to the top of a cliff, which a giant could not scale from the sands below.' Nevertheless, soon afterwards, upon his return to France, M. de Tocqueville drew up the celebrated Report of the Com- mittee on the Revision of the Constitution, which was pre- sented to the National Assembly on the 8th July, 1851. This document is of the highest excellence, and ought to be in- cluded in a general edition of his works. He traced in it with masterly precision the fatal situation in which the Con- stitution had flung the French nation, between two contend- ing powers incapable of union, yet destined both of them to>. come to an end almost simultaneously, leaving the country- without an Assembly and without a government : and he demonstrated that the only possible mode of diverting the impending catastrophe was to alter and amend the organic law of the State. This memorable Report may be regarded as the last public act of his life. As the crisis approached, in the autumn of 1851, he wrote in increasing perplexity : — ' How little we feel ourselves masters of events at such times ! There is but one determination that I am always etrtain to follow, and that is to bring our liberties triumphant through this crisis, or to fall with them. All the rest is . secondary; but this is a question of life and death.' And in common with all that was illustrious in the last, free Parliament of France, he did fall. M. de Tocqueville was included in that wholesale act of proscription of the 2nd. December, 1851, which, with a sort of insolent derision more, odious than the tyranny that prompted it, sent the orators, statesmen, generals, and patriots of France in a felon's cart to the common gaol. Their detention lasted not long, but long enough to place their country under the feet of a master, to annihilate the law, to silence the voice of many of them b 2 .,---**- XXX v« INTRODUCTORY NOTICE. for ever, and to accomplish that revolution which had haunted M. de Tocqueville through life, when a democratic people, weary of anarchy and incapable of self-government, precipitates itself at the feet of despotic authority. The scene itself was described by M. de Tocqueville himself with indignant animation, for it need be now no more a secret that the narrative of the cowp d^itat published immediately after- wards by the * Times' newspaper of the 11th December, 1851, was from his pen.^ I renounce the painful, the impracticable task of de- scribing the effects of this blow on M. de Tocqueville's mind. It was not the loss of the objects of common ambi- tion, it was not the closing to himself of that career of public utility to which he was passionately attached and de- voted ; it was the sense of the moral wreck of his country, and of the extinction of the very source of all true public virtue .by her own act. In May 1852, he wrote to M. de Beaumont: — * Work is at present impossible to me. I attribute this painful incapacity to the disturbing conversations one is always having in Paris. If I were in the country I should attribute it to solitude. The truth is, it proceeds from a sickness of the soul, and will not cease till that is better, which can only come with Time, the gr'^at healer of sorrow, as everybody knows: we must wait as patiently as we can till its effects are felt. Yet this sorrow, like all true and lawful sorrows, is dear to me as well as poignant. The sight of all that is done, and still more the opinion formed of it, galls every fibre of pride, of rectitude, and of dignity in my frame. I should be grieved to be less sorrowful. On this score, indeed, I have no reason to complain ; for, in truth, I am sorrowful to the death. I have reached my present age through many different circumstances, but with one cause, that of regular liberty. Is this cause lost beyond recovery? I feared it was so in 1848; I fear it still more 1 This document has been republished in England, with the translation of the Tocqueville Correspondence.- IN TROD UCTOR Y NO TJCE. xxxvu ation of the now, though I am not convinced that this country is not destined again to see constitutional institutions. But will it see them last ? these or any others ? 'Tis sand. It is vain to ask whether it A^ill abide, but what are the winds that will displace it? * I enclose a copy of the letter addressed to the electors of my department, in which I resign my seat in the Gonaeil Gin^ral. I could not take the oath now exacted. ■ This consequence of the 2nd December is perhaps that portion of the event which is personally most painful to myself. I enjoyed in my department a position of unalloyed gratifica- tion. It gave me the moral direction of all the chief local affairs, a sort of government of men's minds founded on personal regard, independently of political opinions. This part of my public duties cast a sort of light on my private life, which was very agreeable. But these are very petty miseries.' - " The time is not yet come when the burning language in which he denounced the authors of this revolution can with propriety be made public. But the following observations on the probable duration and character of the Imperial power are so just that they may be cited from an unpublished letter : — * Although this government has established itself by one of the greatest crimes recorded in history, nevertheless it will last for some length of time, unless it precipitates itself to destruction. It will last till its excesses, its wars, its corruptions^, have effaced in the public mind the dread of socialism; a change requiring time. God grant that in the interval it may not end in a manner almost as prejudicial to us as to itself, in some extravagant foreign enterprise.^ We know it but too well in France, governments never escape the law of their origin. This government, which comes by the army, which can only last by the army, which traces back its popularity and even its essence to the recollections of military glory, this government will be fatally impelled to seek ^ This remarkable prediction was but too fully verified in 1870. «^*I|WIWSB"< XXXVUl INTRODUCTORY NOTICE. for aggrandisement of territory and for exclusive influence abroad ; in other words, to war. That at last is what I fear, and what all reasonable men dread as I do. War would assuredly be its death, but its death would perhaps cost dear.' {Letter of 9th January, 1 852.) Henceforth the life of Alexis de Tocqueville was spent in comparative seclusion, and in total estrangement from public affairs. Educated as a French boy, in colleges and towns, he had not acquired in early life any taste for country life or country pursuits. In one of his letters he remarks that from the age of nine to the age of twenty-four he had never spent six weeks in the country at a time ; in another letter he ex- presses his astonishment that people should be able to lead the life of vegetables. But one of the effects of the revolu- tions to which society in France has been subjected is to teach a wiser lesson. The Eevolution of 1789 had forcibly broken the relations formerly existing between the landed proprietors and the peasantry. The Eevolution s of 1830 and of 1851, by detaching considerable portions of the upper classes, enjoying the largest amount of landed property and of intellectual cultivation, from the government of the day, have thrown these classes back to their natural position on their own estates. The consequence is that of late years the im- / provement of agriculture, the restoration of country houses, and a more active participation in rural interests and pursuit?, have become engropsing objects of life to the best portion of the French aristocracy. Alexis de Tocqueville applied himself early, and with increasing success, to this laudable and dignified task. He sought in the first place to heal the breach made by the Revolution of 1789 between the cottage and the chateau, some traces of which were perceptible at his first election in 1837. The simplicity of his manners, the entire absence of any tinge of pride or pretension in his intercourse with persons of all ranks, the genuine interest he felt in their concerns, the patience with which he was ever ready to listen to them, and the readiness with which he placed the stores of his own wisdom and judgment within INTROD UCTOR Y NO TICE. XXXIX their reach, inspired the peasantry before long with unfeigned confidence and aflfection. He practised to the letter, as Father Lacordaire observed, the Divine command, * Whosoever will be chief among you, let him be your servant.' Speaking of him to a stranger, one of the Norman farmers said, *The people are very fond of M. de Tocqueville, but it must be confessed he is very grateful for it.' In 1848, on the procla- mation of universal suffrage, tiie whole population of the district voted by acclamation in his favour. While the election was going on, as he leaned exhausted with fatigue against a door-post, one of the peasants, not personally known to him, came up with Norman frankness and said, * I am surprised. Monsieur de Tocqueville, that you are tired, for did not every one of us bring you here in his pocket ? ' He was wont to say that in the hearts of these honest fellows the honour and virtue of the French character had taken refuge, that * Maitre Jean ' and * Maitre Pierre,' the worthies and notables of the village, were the only titles of dignity which no revolutions could obliterate ; and that his peasant neighbours were the only people with whom he cared to converse beyond the circle of his intimate friends. This relish for the homely fare of a rural district was greatly augmented by his inexhaustible sense of the humorous. His biographers appear to have thought it inconsistent with the dignity of a philosophic Academician to admit his love of fun. When a thing presented itself, as it not uncommonly did, to his mind in a droll aspect, his merriment was un- quenchable. He was, what is every day becoming more rare, especially in France, a hearty laugher; indeed his laugh, musical and cheerful as his voice, sometimes got the better of him and could not be stopped. It partook of the intensity of all the emotions which alternately swayed his sensitive and delicate nervous organisation. Ae another in- stance of the delicacy of his frame, it may be mentioned that he could not support so much as the perfume of a flower, and might literally be said to •Die of a rose in aromatic pain.' xl INTRODUCTORY NOTICE. Thus living in liis own ancestral home, without the smallest attempt to humour the democratic passions of his neighbours, he did practically subdue them. He became precisely what he admired in the position of the landed gen- tlemen of England, independent of the State, independent of the people, but ready and willing to serve the State and to serve the people in all honour. Under these circumstances, he devoted himself to the literary task he had marked out of tracing the Revolution to its true sources : and the origi- nality of his mind can hardly be more demonstrated than by the fact that after all the innumerable commentaries and histories of the French Revolution which have appeared, Alexis de Tocqueville presented to the world an entirely new view of it. The publication of his last book in 1856 was followed, in 1857, by his last journey to England. The reception he met with here was in fact the last triumph of his life. He was received on all sides with demonstrations of respect and affection; and when the time came for his return to Nor- mandy, the Lords of the Admiralty, hearing that there was no direH steam communication frjm England to Cherbourg, placed a small vessel at his disposal, which landed him within a mile or two of his own park. At that time nothing appeared to indicate that his life, always precarious, was in any immediate danger. He lived by nervous power, and that seemed unexhausted ; indeed, it had repeatedly carried him through dangerous and acute disorders. But in the summer of 1858 a more serious accident showed his lungs to be affected. In the autumn he was ordered to a milder climate than that of his own well-beloved domain. He repaired to Cannes, accompanied by the devoted partner of his life, and by one or two of his nearest relatives and friends. Foi' a time he imagined that the affection of the lungs had been overcome. But in spite of the illusions which attend the closing stages of pulmonary disease, it soon became obvious that life was ebbing away. He received with piety the last sacraments of the Church ; for though INTRODUCTORY NOTICE. xli faith, like every other gift of his natare, had been with him a matter of internal edification rather than of outward dis- play, he had never ceased to entertain the most serious attachment to the Christian religion, and to that Church in which he was bom. On the 16th April, 1859, he expired. By his own express desire his mortal remains were interred in the churchyard of Tocqueville, and were attended to the grave by an immense assemblage, not of those who admired him for his genius, but of those who loved him for his good- ness; and a plain cross of wood, after the fashion of the country, marks the spot where whatever of him was mortal lies.^ 1 It may be proper to state that the substance of the foregoing pages ap- peared in an article on M. de Tocqueville's correspondence, by the same writer, in the 'Edinburgh Beview.' CONTENTS OF THE FIRST PART. — H^^— Preface to this Edition v Biographical notice of M. do Tocqiievillo ....... ix Introdnctorj' Chapt<>r » » . . . . ■ . . . . 1 CHAPTER I. Exterior form of North Anxerica 15 CHAPTER II. Origin of the Anglo-Americans, and its importance in relation to their future condition 23 Reasons of certain anomalies which the laws and customs of the Anglo-Americans present ........ 41 CHAPTER III. Social condition of the Anglo-Americans. 43 The striking characteristic of the social condition of the Anglo- Americans is its essential Democracy . . . . . .43 Political consequences of the social condition of the Anglo-Americans 50 CHAPTER IV. The principle of the sovereignty of the people in America . , . 52 CHAPTER V. Necessity of examining the condition of the States before that of the Union at large 55 The American system of township and. municipal bodies . . .56 xliv CONTENTS OF THE FIRST PART. rXQ'B Limitfl of the township 08' Authorities of the township in New England 68 Existence of the township 60 Public spirit of the townships of New England 62 The counties of New England ....... 65 Administration in New England 66 General remarks on the Administration of the United States . . 75 Of the State 79 Legislative power of the State » . 80 The executive power of the State 81 Political effects of the system of local administration in the United State 82 CHAPTER VI. Judicial power in the United States, and its influence on political society . 94 Other powers grar. od to American Judj ...... 100 CHAPTER VII. Political Jurisdiction in the United States .••.•* 102 CHAPTER VIII. The Federal Constitution . 107 History of the Federal Constitution . . . . . . . 108 Summary of the Federal Constitution 110 Prerogative of the Federal Government Ill Federal Powers 113 Legislative Powers 118 A further difference between the Senate and the House of Repre- sentatives 116 The Executive Power . 117 Differences between the position of the President of the United States and that of a Constitutional King of France . . . . 119 Accidental causes which may increase the influence of the Executive Government 122 Why the President of the United States does not require the majority of the two Houses in order to carry on the Government . . 123 Election of the President 124 Mode of election 129 Crisis of the election . . . . . . . . .182 Ke-election of the President 183 Federal Courts 136 Means of determining the jurisdiction of the Federal Courts , . 189 Different cases of jurisdiction 141 CONTENTS OF THE FIRST PART. xlv FAGB Procedure of the Federal Courts ....... 146 High rank of the Supreme Court amongst the great powers of State . ' 148 In what respects the Federal Constitution is superior to that of the States ; . 150 Characteristics which distinguish the Federal Constitution of the United States of America from all other Federal Constitutions . . 154 Advantages of the Federal system in general, and its special utility in America 158 Why the Federal system is not adapted to all peoples, and how the A nglo-Americans were enabled to adopt it .... . 164 CHAPTER IX. Why the people may strictly be said to govern in the United States ; . 172 CHAPTER X. Parties in the United States . . . 173 Remains of the Aristocratic party in the United States . . . 178 CHAPTER XI. Liberty of the Press in the United States ..••.« 180 CHAPTER XII. Political associations in the United States . . . , . , ' 189 CHAPTER XIII. Oovernment of the Democracy in America 198 Universal Suffrage 198 Choice of the People, and instinctive preferences of the American Democracy 199 Causes which may pTtly correct these tendencies of the Democracy . 202 Influence which the American Democracy has exercised on the laws relating to elections 205 Public officers under the control of the Dei jcraoy in America . . 207 Arbitrary power of Magistrates under the rule of the Atuerican Democracy 209 Instability of the Administration in the United States . . . 211 Charges levied by the State under the rule of the American Democracy 213 Tendencies of the American Democracy as regards the salaries of public- officers 217 Difficulty of distinguishing the causes which contribute to the economy of the American Government .... . . • 220 11 :i. xlvi CONTENTS OF THE FIRST PART. PAGE Whether the expenditure of the United States can be compared to that of France . 221 Corruption and vices of the rulers in a Democracy, and consequent effects upon public morality . . . . . . . . 226 Efforts of which a Democracy is capable 228 Self-control of the American Democracy 231 Conduct of Foreign Affairs by the American Democracy . . . 234 CHAPTER XIV. What the real advantages are which American Society derives from the Government of the Democracy ^239 General tendency of the laws under the rule of tho American Democsaey, and habits of those who apply them 239 Public spirit in the United States 244 Notion of Bights in the United..Sta«M 247 Respect for the law in the United States 250 Activity which pervades all the branches of the body politic in the United States ; influence which it exercises upon Society . . . 252 CHAPTER XV. Unlimited power of the majority in the United States, and its consequenc'es 257 How the unlimited power of the majority increases in America the in- stability of legislation and administration inherent in Democracy . 260 Tyranny of the majority 262 EffeciB oJt the unlimited power of the majority upon the arbitraiy authority of the American public officers 265 Power exercised by the majority in America upon opinion . . . 266 Effects of the tyranny of the majority upon the national character of the Americans 269 The greatest dangers of the American Republics proceed from the un- limited power of the majority 272 CHAPTER XVI. Causes which mitigate the tyranny of the majority in the United States . 274- Absence of Central Administration , . 274 The Profession of the Law in the United States serves to counterpoise the Democracy 276 Trial by Jury in the United States considered as a political institution 284 CHAPTER XVII. Principal causes which tend to maintain the Democratic Republic in the United States 291 CONTENTS OF THE FIRST PART. xlvii PAOB Accidental or Providential causes which coatribute to the maintenance of the Democratic Bepublic in the United States .... 292 Influence of the laws upon the maintenance of the Democratic Bepublic in the United States 303 Influence of manners upon the maintenance of the Democratic Bepublic in the United States 303 Beligion considered as a political institution which powerfully con- tributes to the maintenance of the Democratic Bepublic amongst the Americans 304 Indirect influence of religious opinions upon political society in the United States 307 Principal causes which render religion powerful in America . . 312 How the instruction, the habits, and the practical experience of the Americans promote the success of their Democratic institutions . 319 The laws contribute more to the maintenance of the Democratic Bepublic in t^ United States than the physical circumstances of the country, and the mamreniaiMw than the laws 324 Whether laws and manners are saffideat tfi juaintain Democratic institu- tions in other countries besides America ...... SSXi Importance of what precedes with respect to the state of Europe . 331 CHAPTER XVIII. The present and probable future condition of the three Baces which inhabit the territory of the United States . . . . . . . 336 The present and probable future condition of the Indian Tribes which inhabit the territory possessed by the Union .... 342 Situation of the Black Population in the United States, and dangers with which its presence threatens the Whites . . . ' . 3CI What are the chances in favour of the duration of the American Union, and what dangers threaten it 389 Of the Bepublican institutions of the United States, and what their chances of duration are 425 Beflection on the causes of the commercial prosperity of the United States 431 Conclusion of the First Fart 439 DEMOCRACY IN AMERICA. -HfSA <( -tfl ■«■ INTRODUCTORY CHAPTER. ' Amon(Jst the novel objects that attracted my attention during- - my stay in the United States, nothing struck me more *' forcibly thar the general equality of conditions. I readily discovered the prodigious influence which this primary fact , exercises on the whole cud.se 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 pe- . culiar habits to the governed. I speedily perceived that the influence of this fact extends far beyond the political character an J 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 advanced in the study of American society, the more I perceived that the equality of conditions is the fundamental fact from which all others seem to be derived,, and the central point at which pll my observations constantly*,' terminatedS 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 extrsme limits which it seems to have reached in the United States, and that the democracy which governs the American communities appears to be rapidly rising into power in Europe. I hence conceived the idea of the book which is now before the reader. VOL. I. B DEMOCRACY IN AMERICA. i 1 It is evident to all alike that a great democratic revolu- tion 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 history. Let us recollect the situation of France seven hundred years ago, when the territory was divided amongst a small number of families, who were the owners of the soil and the rulers of the 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 ihto the Government through the Church, and the being who as a serf must have vegetated in perpetual bondage took his place as a priest in the midst of nobles, and not unfrequently above the heads of kings. The different relations of men became more complicated and more numerous as society gradually became more stable and more civilised. Thence the want of civil laws was felt; and the order of legal functionaries soon rose from the ob- iscurity 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 resources by private wars, the lower orders were enriching themselves by commerce. The influence of money began to be perceptible in State affairs. The trans- actions of business opened a new road to power, and the financier rose to a station of political influence in which he was at once flattered and despised. Gradually the spread of mental acquirements, and the increasing 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 be- yond all price ; in the thirteenth it might be purchased ; INTRODUCTOR Y CHAP TER, revolu- ions as to be Led; to niform, which ition of )ry was ere the its; the eritance r means rty was il power lelf: the and the itito the ?ho as a took his requently nplicated )re stable was felt; I the ob- to appear al barons ngs were be nobles er orders luence of le trans- and the which he spread of literature >e became )Ower, and the State, creased in truck out J was be- mrchased ; 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 happened that in order to resist the authority of the Crown, or to diminish the power of their rivals, the nobles granted a certain share of political rights to the people. Or, more frequently, the king permitted the lower orders to enjoy a degree of power, with the intention of repressing the aris- tocracy. In France the kings have always been the most active and the most constant of levellers. When they were strong and ambitious they spared no pains to raise the people to the level of the nobles ; when they were temperate or weak they allowed the people to rise above themselves. Some assisted the democracy by their talents, others by their vices. liouis XI. and Louis XIV. reduced every rank be- neath the throne to the same subjection ; Louis XV. de- scended, himself and all 'us 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 intro- duced in commerce or manufacture was a fresh element of the equality of conditions. Henceforward every new dis- covery, every new want which it engendered, and every new desire which craved satisfaction, was a step towards the uni- versal 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 consider every addition to science, every fresh truth, and every 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 conquests spread, therefore, with those of civilisation and knowledge, and literature became an arsenal where the poorest and the weakest could always find weapons to their hand. , B 2 ■■';"• I 4 DEMOCRACY JN AMERICA. In perusing the pages of our history, we shall scarcely meet with a single gjreat event, in the lapse of seven hun- dred years, which has not turned to the advantage of equality. The Crusades and the wars of the English decimated the nobles and divided their possessions; the erection of com- munities introduced an element of democratic liberty into the bosom of feudal monarchy; the invention of fire-arms equalised the villein and the noble on the field of battle; printing opened the same resources to the minds of all classes ; the post was organised bo as to bring the same information to the door of the poor man's cottage and to the gate of th • palace ; and Protestantism proclaimed that all men are ali^se able to find the road to heaven. The dis- covery of America ofiered a thousand new paths to fortune, and placed riches and power within the reach of the adven- turous and the obscure. If we examine what has happened in France at intervals of fifty years, beginning with the eleventh century, we shall invariably perceive that a twofold revolution has taken place in the state of society. The noble has gone down on the social ladder, and the 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 phenomeron at all peculiar to France. Whithersoever we turn our eyes we shall witness the same continual revolution throughout the whole of Christendon-;. The various occurrences of national existence have every- where turned to the advantage of democracy ; all men have aided it by their exertions : those who have intentionally laboured in its cause, and those who have served it . unwit- tingly ; those who have fought for it and those who have declared themselves its opponents, have all been driven along in the same track, have all laboured to one end, some ignorantly and some unwillingly ; all have been blind instru- ments in the hands of God. The gradual development of the equality of conditions is therefore a providential fact, and it possesses all the cha- racteristics of a divine decree : it is universal, it is durable, it constantly eludes all human interference, and all events as well as all men contribute to its progress. 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 INTRODUCTORY CHAPTER, 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 already 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 produced in the author's mind by the contemplation of so irresistible a revolution, which has advanced for cen- turies in spite of 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 unquestionable signs of His will ; we can discern them in the habitual course of nature, and in the invariable tendency of events : I know, without a special revelation, that the planets move in the orbits traced by the Creator's finger. If the men of our time were led by attentive obser- vation 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 trath would confer the sacred character of a Divine decree upon the change. To attempt to check democracy would be in that case ro resist the will of Grod; 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 occurrences and the actors of the age. A new science of politics is indis- pensable to a new world. This, however, is what we think \^ 6 DEMOCRACY JN AMERICA. of least; launched in the middle of a rapid stream, we ob- stinately fix our eyes on the ruins which may still be descried upon the shore we have left, whilst the current sweeps us along, and drives us backwards toward 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 without their knowledge. The most powerful, the most intelligent, and the most moral classes of the nation have never attempted to connect themselves with it in order to guide it. The people has consequently been abandoned to its wild propensities, and it has grown up like those out- casts who receive their education in the public streets, and who are unacquainted with aught but the vices and wretch-, edness of society. The existence of a democracy was seem- ingly unknown, when on a sudden it took possession of the supreme power. Everything was then submitted to its caprices ; it was worshipped as the idol of strength ; until, when it was enfeebled by its own excesses, the legislator conceived the rash project of annihilating its power, instead of instructing it and correcting its vices ; no attempt was made to fit it to govern, but all were bent on excluding it from the government. The consequence of this has been that the democratic revolution has been effected only in the material parts of society, without that concomitant change in laws, ideas, customs, and manners which was necessary to render such a revolution beneficial. We have gotten a democracy, but without the conditions which lessen its vices and render its natural advantages more prominent ; and although we already perceive the evils it brings, we are ignorant of the benefits it may confer. "While the power of the Crown, supported by the aristo- cracy, peaceably governed the nations of Europe, society possessed, in the midst of its wretchedness, several different advantages which can now scarcely be appreciated or con- ceived. The power of a part of his subjects was an insur- mountable barrier to the tyranny of the prince; and the monarch, who felt the almost divine character which he enjoyed in the eyes of the multitude, derived a motive for the just use of his power from the respect which he inspired. !• INTRODUCTORY CHAPTER. High as they veere placed above the people, the nobles could not but take that calm and benevolent interest in its fate which the shepherd feels towards his flock; and without acknowledging 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 bene- fits from them without discussing their rights. It grew attached to them when they were clement and just, and it submitted without resistance or servility to their exactions, as to the inevitable visitations of the arm of Grod. Custom, and the manners of the time, had moreover created a species of law in the midst of violence, and established certain limits to oppression. As the noble never suspected that any one would attempt to deprive him of the privileges whioh he believed to be legitimate, and as the serf looked upon his own inferiority as a consequence of the immutable order of nature, it is easy to imagine that a mutual exchange of good-will took place between two classes so differently gifted by fate. Inequality and wretchedness were then to be found in society; but the souls of neither rank of men were degraded. 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 weaUh, strength, and leisure, accompanied by the refinements of luxury, the elegance of taste, the plea- sures of wit, and the religion of art. On the other was labour and a rude ignorance ; but in the midst of this coarse and ignorant multitude it was not uncommon to meet with energetic passions, generous sentiments, profound religious convictions, and independent virtues. 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 intelligence spreads, and the capacities of all classes are equally cultivated ; the State becomes democratic, and the empire of democracy is slowly and peaceably introduced into the institutions and the manners of the nation. I can conceive a society in which all men would profess an equal f I ill I 8 DEMOCRACY IN AMERICA. attachment and re^ipect for the laws of which they are the , common authors ; in which the authority of the State would be respected as necessary, though not as divine ; and the loyalty of the subject to the chief magistrate would not be a passion, but a quiet and rational persuasion. Every indi- vidual being in the possession of rights which he is sure to retain, a kind of manly reliance and reciprocal courtesy would arise between all clat>se8, alike removed from pride and meanness. The people, well acquainted wiii its true - interests, would allow that in order to profit by the advan- tages of society it is necessary to satisfy its demands. In this state of things the voluntary association of the citizens might supply the individual exertions of the nobles, and the community would be alike protected from anarchy and from oppression. 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 splendour than in the halls of an aristocracy, the con- trast of misery will be less frequent also ; the pleasures of enjoyment may be less excessive, but those of comfort will be more general ; the sciences may ')e less" perfectly culti- vated, 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 uniting with his fellow-citizeas 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 nat. .0, taken as a whole, will be less brilliant, less glorious, and perhaps less strong ; but the majority of the citizens will enjoy a greater degree of prosperity, and the people will remain quiet, not because it despairs of amelioration, but because it is con- scious of the advantages of its condition. If all the conse- quences of this state of things were not good or useful, society would at least have appropriated all such as were useful and good ; and having once and for ever renounced the social advantages of aristocracy, mankind would enter into possession of all the benefits which democracy cin afiford. INTRODUCTORY CHAPTER. \ But here it may be asked what we have adopted in the place of those institutions, those ideas, and those customs of our forefathers which we have abandoned. 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 extorts a larger tribute of obedience than that which was formerly paid by reverence and by love. I perceive that we have destroyed those independent beings which were able to cope with tyranny single-li:.Liued ; but it is the Government that has inherited the privileges of which families, corporations, and individuals have been de- prived; the weakness of the whole community has therefore succeeded that influence of a smail body of citizens, which, if it was sometimes oppressive, was often conservative. The division of property has lessened the ditfcance which separated the rich from the poor; but it would seem that the nearer they draw to each other, the greater is their mu- tual hatred, and the more vehement the envy and the dread with which they resist each other's claims to power; the no- tion 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 ignorance without their virtues ; he has adopted the doctrine of sell-interest as the rule of his actions, without under- standing 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 in- firmities ; a single effort may cost it its life ; eve vybody fe^ls the evil, but no^one has courage or energy enough to se. %: the cure ; the desires, the regret the jorrows, 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 afforded, without receivin^f any compensation from our present condition ; we have destroyed an aristo- cracy, and we seem inclined to survey its ruins with compla- cency, and to fix our abode in the midbt of them. The phenomena which tlie intellectual world presents are not less deplorable. The democracy of France, checked in its coarse or abandoned to its lawless passions, has over- lO DEMOCRACY IN AMERICA. thrown whatever crossed its p»th, 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 agita- tion of a conflict. In the heat of the struggle each partisan is hurried beyond the limits of his opinions by the opinions and the excesses of his opponents, until he loses sight of the end of his exertions, and holds a language which disguises his real sentiments or secret instincts. Hence arises the strange confusion which we are witnessing. I cannot recall to my mind a passage in history more worthy of sorrow and of pity than the scenes which are happening under our eyes ; it is as if the natural bond which unites the opinions of man to his tastes and his actions to his principles was now broken ; the sympathy which has always been acknowledged between the feelings and the ideas of mankind appears to be dissolved, and all the laws of moral analogy to be abolished. 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 hu'jaan liberty as the source of all moral greatness. Christianity, which has declared that all men are equal in the sight of Grod, will not refuse to acknowledge that all citizens are equal in the eye of the law. But, by a singular concourse of events, reli- gion is entangled in those institutions which democracy assails, and it is not unfrequtntly 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 mo- rality, nor morality without faith ; but they have seen reli- gion in the ranks of their adversaries, and they inquire no further ; some of them attack it openly, and the remainder are afraid to defend it. In former ages slavery has been advocated by the venal and slavish-minded, whilst the independent and the warm- hearted were struggling without hope to save the liberties of C{ CJ INTRODUCTORY CHAPTER. II 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, afflu- ence, and talents fit them to be the leaders of the surround- ing population ; their love of their country is sincere, and they are prepared to make the greatest sacrifices to its wel- fare, but they confound the abuses of civilization with its benefits, and the idea of evil is inseparable in their minds from that of novelty. 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 modem 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 subjection, and the meanest and most servile minds preach independence ; 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 honour ; where the love of order is confounded with a taste for oppression, and the holy rites of freedom with a contempt of law ; where the light thrown by conscience on human actions is dim, and where nothing seems to be any longer forbidden or allowed, honourable 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 : Grod destines a calmer and a more certain future to the communities of Europe ; I am unacquainted with His designs, but I shall not cease to believe in them because I cannot fathom them, and I had rather mistrust my own capacity than His justice. 12 DEMOCRACY JN AMERICA. There is a country in the world where the great revolu- tion which I am speaking of seems nearly to have reached its natural limits ; it has been effected with ease and simplicity, say rather that this country has attained the consequences of the democratic revolution which we are undergoing with- out having experienced the revolution itself. The emigrants who fixed themselves on the shores of America in the begin- ning of the seventeenth century severed the democratic principle from all the principles which repressed it in the old communities of Europe, and transplanted it unalloyed to the New ^Vorld. It has there been allowed to spread in perfect freedo;n, and to put forth its consequences in the laws by influeLcing the manners of the country. It appears to me beyond a doubt ';hat sooner or later we shall arrive, like the Americans, at an almost complete equa- lity of' conditions. But I do not conclude from this that we shall ever be necessarily led to draw the same political consequences which the Americana have derived from a similar social organization. I am far from supposing that they have chosen the only form of government which a de- mocracy may adopt ; but the identity of the efficient cause of laws and manners in the two countries is sufficient to account for the immense interest we have in becoming ac- quainted 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 absolute excellence is rarely to be found in any legislation ; I have not even affected to discuss whether the social revolution, which I believe to be irresis- tible, is advantageous or prejudicial to mankind ; I have acknowledged this revolution as a fact already accomplished or on the eve of its accomplishment ; and I have selected the nation, from 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 inclinations, its character, its prejudices, and 11 /' INTRODUCTORY CHAPTER. 13 its passions, in order to learn what we have to fear or to hope from its progress. In the first part of this work T have attempted to show the tendency given to the laws by the democracy of America, which is abandoned almost without restraint to its instinc- tive propensities, and to exhibit the course it prescribes to the Government and the influence it exercises on aifairs. I have sought to discover the evils and the advantages which it produces. I have examined the precautions used by the Americans to direct it, as well as those which they have not adopted, and I have undertaken to point out the causes which enable it to govern society. I do not know whether I have succeeded in mak:ng known what I saw in America, but I am certain that such has been my sincere desire, and that I have never, knowingly, moulded facts to ideas, instep/^ 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 authorities in the notes, and any one may refer to them. Whenever an opinion, a political custom, or a re- mark on the manners of the country was concerned, I en- deavoured to consult the most enlightened men I met with. If the point in question was important or doubtful, I was not satisfied with one testimony, but I formed my opinion on the evidence of several witnesses. Here the reader must necessarily believe me upon my word. I could frequently have quoted names which are either known to him, or which deserve to be so, in proof of what I advance ; but I have carefully abstained from this practice. A stranger frequently hears important truths at the fire-side of his host, which the latter would perhaps conceal from the ear of friendship ; he consoles himself with hio 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 annoyancs. I am aware that, notwithstanding my care, nothing will be easier than to criticise this book, if any one ever chooses to criticise it. Those readers who may examine it closely 14 . DEMOCRACY IN AMERICA. will discover the fandamental idea which connects the several parts together. But the diversity of the subjects I have had to treat is exceedingly great, and it will not be difficult to oppose an isolated fact to the body of facts whLh 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 labours, and that my book may be judged by the general impression it leaves, as I have formed my own judgment not on any single reason, but upon the mass of evidence. It must not be forgotten that the author who wishes to be understood is obliged to push all his ideas to their utmost theoretical con- sequences, and often to the verge of what is false or im- practicable ; for if it be necessary sometimes to quit the rules of logic in active life, such is not the case in discourse, and a man finds that almost as many difficulties spring from inconsistency of language as usually arise from 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 favour no particular views, and in composing it I have entertained no designs of serving or attacking any party ; I have undertaken not to see differently, but to look further than parties, and whilst they are busied for the morrow I have turned my thoughts to the Future. 15 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 Revolu- tions of the Globe — Shore of the Atlantic Ocean where the English Colonies were founded— Difference in the appearance of North and of South America at the time of their Discovery — Forests of North America — Prairies— Wandering Tribes of Natives— Their outward appearance, manners, and language— Traces of an unknown people. North Ajmerica 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 regalated the separation of land and water, mountains and valleys. 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 termi- nates, and includes all the remainder 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 labyrinth of waters they have themselves created ; and thus at length, after innumerable windin.ijs, fall into the Polar Seas. The great lakes which bound this first region are not walled in, like most of those in the Old World, between hills and rocks. Their banks are flat, and rise but a few feet above the level of their waters; i6 DEMOCRACY IN AMERICA. 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 mountains divide it from one extreme to the other: the Alleghany ridge takes the form of the shores of the Atlantic Ocean ; the other is parallel with the Pacific. The space which lies between these two chains of moun- tains contains 1,341,649 square miles.^ Its surface is therefore about six times as great as that of France. This vast territory, however, forms a single valley, one side of which descends gradually from the rounded summits of the AUeghanies, while the other rises in an uninterrupted 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 pom- pous language, have named it the Father of Waters, or the Mississippi. 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 length, 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, sometimes swollen by storms, the Mississippi waters 2,500 miles in its course.^ At the distance of 1,364 miles from its mouth this river attains an average depth of fifteen feet; and it is navigated by vessels of 300 tons burden for a course of nearly 500 miles. Fifty- seven large navigable rivers contribute to swell the waters of the Mississippi ; amongst others, the Missouri, which traverses a space of 2,500 miles, the Arkansas of 1,300 miles, the Red River 1,000 miles, four whose course is from 800 to 1,000 1 Darby's « View of the United States.' « The Red River. 3 Warden's ' Description of the United States.' EXTERIOR FORM OF NORTH AMERICA. 17 railes 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 bt the bed of this mig?ity river, which, like a god of antiquity, dispenses both good and evil in its course. On the shores of the stream nature displays an inexhaustible fertility; in proportion as you recede from its banks, the powers of vegetation languish, the soil becomes poor, and the plants that survive have a sickly growth. Nowhere have the great convulsions of the globe left more evident traces than in the valley of the Mississippi ; the whole aspect of the country shows the powerful effects of water, both by its fertility and by its barrenness. The waters of the primeval ocean accumulated enormous beds of vegetable mould in the valley, which they levelled as they retired. Upon the right shore of the river are seen immense plains, as smooth as if the husbandman had passed over them with his roller. As you approach the mountains the soil becomes more and more unequal and sterile ; the ground is, as it were, pierced in a thousand places by primitive rocks, which appear like the bones of a skeleton whose flesh is partly consumed. The surface of the earth is covered with a granitic sand and huge irregular masses of stone, among which a few plants force their growth, and give the appearance of a green field covered with the ruins of a vast edifice. These stones and this sand discover, on examination, a perfect analogy with those which compose the arid and broken summits of the Rocky Mountains. The flood of waters which washed the soil to the bottom of the valley afterwards carried away portions of the rocks themselves ; and these, dashed and bruised against the neighbouring cliffs, were left scattered like wrecks at their feet/ The valley of the Mississippi is, upon the whole, the most magnificent dwelling-place prepared by God for man's abode ; and yet it may be said that at present it is but a mighty desert. On the eastern side of the AUeghanies, 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 VOL. I. ^ See Appeadix, A. C i8 DEMOCRACY IN AMERICA. hundred miles in length. This part of the American conti- nent has a soil which offers every obstacle to the husband- ' man, 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 wero destined one day to become the United States of America. The centre of power still remains here ; whilst in the backwoods the true elements of the great people to whom the future control of the continent belongs 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 discovered 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 baskets of flowers floating on the tranquil surface of the ocean. Every object which met the sight, in this enchanting region, seemed prepared to satisfy the wants or contribute to the pleasures of man. Almost all the trees were loaded with nourishing fruits, and those which were useless as food delighted the eye by the brilliancy and variety of their colours. 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 aipect ; there everything was grave, serious, and solemn: it seemed 1 Make Brun tells us (vol. v. p. 726) that the water of the Caribbean Soa is BO transparent that corals and fish are discernible at a depth of sixty fathoms. The ship seemed to float in air, the navigator became giddy as his eye penetrated through the crystal ^ood, and beheld submarine gardens, or beds of shells, or gilded flshes gliding among tufts und thickets of seaweed. ^ Sec Appondis, B. EXTERIOR FORM OF NORTH AMERICA. 19 S; )8 or trees were irariety wild were with jplayed re, and seming xterior had. 80 enjoy- created to be the domain of intelligence, as the South was that of sensual delight. A turbulent and foggy ocean washed its shores. It was girt round by a belt of granite rocks, or by wide tracts of sand. The foliage of its woods w&,s 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 Virginian 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 labouring hand to remove them, and their decay was not rapid enough to make room for the continual work of reproduction. Climbing-plants, grasses, and other herbs forced their way through the mass of dying trees ; they crept along their bending trunks, found nourish- ment in their dusty cavities, and a passage beneath the lifeless bark. Thus decay gave its assistance to life, and their respective productions were mingled together. The depths of these forests were gloomy and obscure, and a thousand rivulets, undirected in their course by human industry, preserved in them a constant moisture. It was rare to meet with flowers, wild fruits, or birds beneath their shades. The fall of a tree overthrown by age, the rushing torrent of a cataract, the lowing of the buffalo, and the howling of the wind were the only sounds which broke the silence of nature. To the east of the great river, the woods almost disap- peared ; 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 cnce 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 ^7ere not, however, devoid of human inhabitants. Some wandering tribes had been for ages scattered among the forest shades or the green pastures of the prairie. From the mouth of the St. Lawrence to the Delta of the Mississippi, and from the Atlantic to the Pacific Ocean, these savages possessed certain points of resemblance which bore witness of their common origin ; but at the L' 20 DEMOCRACY IN AMERICA. same time they diflfered from all other known races of men :* they were neither white like the Europeans, nor yellow like most of the Asiatics, nor black like the negroes. Their sldn was reddish brown, their hair long and shining, their lips thin, and their cheekbones 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 gram- matical 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 bespoke an effort of the understand- ing of which the Indians of our days would be incapable.* The social state of these tribes differed also in many re- spects from all that was seen in the Old World. They seemed to have multiplied freely in the midst of their de- serts without coming in contact with other races more civilised than their own. Accordingly, they exhibited none «f 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 relapsed into a state of barbarism. The Indian was indebted to no one but himself; his virtues, his vices, and his prejudices were his own work ; he had grown up in the wild independence of his nature. If, in polished countries, the lowest of the people are rude and uncivil, it is not merely because they are poor and ignorant, but that, being so, they are in daily contact with rich and enlightened men. The sight of their own hard lot and of their weakness, which is daily contrasted with the happiness and power of some of their fellow-creatures, ex- cites in their hearts at the same time the sentiments of anger .and of fear : the consciousness of their inferiority and of their dependence irritates while it humiliates them. This state of mind displays itself in their manners and language ; ^ With tho progress of discovery some resemblance has been found to exist between iho physical conformation, the language, and the habits of tho Indians of Nortli America, and those of tho Tongous, Mantchous, Mongols, Tartars, and other Avaiidoring tribes of Asia. The land occupied by those tribes is not very distant from Jiehring's Strait, which allows of the supposition, that at a remote period they gave inhabitants to tho desert continent of America. Ihit this is a point which has not yet been clearly elucidated by science. See Malte Ih'un, vol. v. ; tho works of Humboldt; Fischer, 'Conjecture sur I'Origine des AnnSricains ; ' .^dair, ' History of the American Indians.' '* See Appendix, C. ! ': EXTERIOR FORM OF NORTH AMERICA. 21 t .1 ex- they are at once insolent and servile. The truth of this is easily proved by observation; the people are more rude in aristocratic countries than elsewhere, in opulent cities than in rural districts. In those places where the rich and power- ful are assembled together the weak and the indigent feel themselves oppressed by their inferior condition. Unable to perceive a single chance of regaining their equality, they give up to despair, and allow themselves to fall below the dignity of human nature. This unfortunate effect of the disparity of conditions is not observable in savage life : the Indians, although they are ignorant and poor, are equal and free. At the period when Europeans first came among them the natives of North America were ignorant of the value of riches, and indiffer- ent to the enjoyments which civilized man procures to him- self by their means. Nevertheless there was nothing coarse in their demeanour; they practised an habitual reserve and a kind of aristocratic 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 succour the stranger who asked admit- tance by night at the door of his hut; yet he could tear in pieces with his hands the still quivering limbs of his prisoner. The famous republics of antiquity never gave examples of more unshaken courage, more haughty spirits, or more in- tractable 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 en- gendered 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 til 1 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 llomans when their capital was sacked by the Gauls. Further on, p. 150, he tells 18 that there is no example of an Indian who, having fallen into the hands of his enemies, begged for his life; on the contrary, the captive sought to obtain death at the hands of his conquerors by the use of insult and provocation. "See ' Histoire de la Louisiano,' by Lepage Dupratz ; Charlevoix, 'Ilistoiro de la Nouvelle France; ' ' Lettres du Rev. Gr. Heewelder ; ' ' Transactions of the American Philosophical Society,' v. 1 ; Jefferson's 'Notes on Virginiii,'p. 135- UK). What is said by Jefferson is of especial weight, on account of the personal merit of the writer, of his pecul'ur position, and of the matter-of-fact age in which he lived. 22 DEMOCRACY IN AMERICA. members of the great human family, these savages believed in the existence of a better world, and adored, under different names, God, the creator of the universe. Their notions on the great intellectual truths were in general simple and philosophical.^ Although we have here traced the character of a primi- tive people, yet it cannot be doubted that another people, more civilized and more advanced in all respects, had pre- ceded it in the same regions. An obscure tradition which prevailed among the Indians 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 instru- ments, arms and utensils of all kinds, made of metal, or destined for purposes unknown to the present race. The Indians of our time are unable to give any information relative to the history of this unknown people. Neither did those who lived three hundred years ago, when America was first discovered, leave any accounts from which even an hypothesis could be formed. Tradition — that perishable, yet ever renewed monument of the pristine world — throws no light upon the subject. It is an undoubted fact, however, that in this part of the globe thousands of our fellow-beings had lived. When they came hither, what was their origin, their destiny, their history, and how they perished, no one can tell. How strange does it appear that nations have ex- isted, and afterwards so completely disappeared from the earth that the remembrance of their very names is eftaced; their languages are lost ; their glory is vanished 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 labour is that which recalls the wretchedness and nothingness of man. Although the vast country which we have been describ- ing was inhabited by many indigenous tribes, it may justly ba 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 labour that man appro- * See Apper.dix, D, ORIGIN OF THE ANGLO-AMERICANS. 23 priates the soil, and the early inhabitants of North America lived by the produce of the chase. Their implacable pre- judices, their uncontrolled passions, their vices, and still more perhaps their savage virtues, consigned them to inevitable destruction. The ruin of these nations began from the day when Europeans landed on their shores; it has proceeded ever since, and we are now witnessing the completion of it. They seem to have been placed by Providence 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 .0 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. I \m CHAPTER II. ORIGIN OF THE ANGLO-AMERICANS, AND ITS IMPORTANCE IN RELATION TO THEIR FUTURE CONDITION. Utility of kuowing the origin of nations in order to understand their social condi- tion and their laM's — America the only country in which the starting-point of a great people has been clearly observable — In what respects all who emigrated to British America were similar— In what they differed — Remark applicable to all the Europeans who established themselvesi on the shores of the New World — Colonization of Virginia — Colonisation of New P^ngland — Original character of the first inhabitants of New England — Their arrival — Their first laws— Their social contract — Penal code boiTowed from tlie Hebrew legislation — Religious fervour — Republican spirit — Intimate union of the spirit of religion with the spirit of liberty. After the birth of a human being his early years are ob- scurely spent in the toils or pleasures of childhood. As he grows a.]j the world receives him, when his manhood begins, and he enters into contact with his fellows. He is then studied for the first time, and it is imagined that the germ of the vices and the virtues of his maturer years is then 24 DEMOCRACY JN AMERICA. 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 occurrences 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 cir- cumstances which accompanied their birth and contributed to their rise afiect the whole term of their being. If we were able to go back to the elements of states, and to examine the oldest monuments of their history, I doubt not that we shoald discover the primal cause of the prejudices, the habits, the ruling passions, and, in short, of all that constitutors what is called the national character : we should then find the expla- nation of certain customs which now seem at variance with the prevailing manners; of such laws as conflict with esta- blished principles; and of such incoherent opinions as are here and there to bei 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 ignor'^nt. But hitherto facts have been wanting to researches of this kind : the spirit of inquiry has only come upon com- munities in their latter days ; and when they at length con- templated their origin, time had already obscured it, or ignorance and pride adorned it with truth-concealing fables. America is the only country in which it has been possible to witness the natural and tranquil growth of society, and where the influence exercised on the future 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 attained that stage of civilization at which men are led to study themselves, they have transmitted to us a faith- ful picture of their opinions, their manners, and their laws. The men of the sixteenth century are almost as well known ORIGIN OF THE ANGLO-AMERICANS. as to us as our contemporaries. America, consequently, exhibits in the broad light of day the phenomena which the ignorance or rudeness of earlier ages conceals from oiir researches. Near enough to the time when the states of America were founded, to be accurately acquainted with their elements, and sufficiently removed from that period to judge of some of their results, the men of our own day seem destined to see further than their predecessors into the series of human events. Providence has given us a torch which our fore- fathers did not possess, and has allowed us to discern funda- mental causes in the history of the world which the obscurity of the pasL concealed from them. If we carefully examine the social and political state of America, after having studied its history, we shall remain perfectly convinced that not an opinion, not a custom, not a law, I may even say not an event, is upon record which the origin of that people will not explain. The readers of this book will find the 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 perhaps the strongest and the most durable that can unite mankind. All the emigrants spoke the same tongue ; they were all offsets from the same people. Born in a country which had been agitated for centuries by the struggles of faction, and in which all parties had been obliged in their turn to place themselves under the protection of the laws, their political education had been perfected in this rude school, and they were more conversant with the notions of right and the principles of true freedom than the greater part of their European contemporaries. At the period of their first emigrations the parish syctem, 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 li! IJ W 3(J- DEMOCRACY IN AMERICA. its inhabitants, 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 morc}f> of the people were reformed. AH these national features ore more or less discoverable in the physiognomy of those auventurers who came to seek a new home on the -Dposi^' shores of the Atlantic. Another i- ■ a , co which we shall hereafter have occa- sion to recur, . . ; ■ g,ble not only to the English, but to the French, the Spa -as, nrd all the Europeans who successively established themselves in J\e New World. All these European colonies contained the elements, if not the development, of a complete democracy. Two causes led to this result. It may safely be advanced, that on leaving the mother-country the emigrants had in general no Eotion 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 Ame- rica by political and religious quarrels. Laws were made to establish a gradation of ranks ; but it was soon found that the soil of America was opposed to a territorial aristocracy. To bring that refractory land into cultivation, the constant and interested exertions of the owner himself were necessary ; and when the ground was prepared, its produce was found to be insufficient to enrich a master and a farmer at the same time. The land was then naturally broken up into small portions, which the proprietor cultivated for himself. Land is the basis of an aristocracy, which clings to the soil that supports it ; for it is not by privileges alone, nor by birth, but by landed property handed down from generation to generation, that an aristocracy is constituted. A nation may present immense fortunes and extreme wretchedness, but unless those fortunes are territorial there is no aristocracy, but simply the class of the rich and that of the poor. All the British colonies had then a great degree of simi- larity at the epoch of their settlement. All of them, from their first beginning, seemed destined to witness the growth, 17 ot of the aristocratic liberty of their mother-country, but of that freedom of the middle and lower orders of which the history of the world bad as yet furnished no complete example. ORIGIN OF THE ANGLO-AMERICANS. 27 ! but I In this general uniformity several striiciug differences were however discernible, which it is necessary to point out. Two branches may be distinguished in the Anglo-American family which have hitherto grown up without entirely com- mingling; 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^ were seekers of gold, adventurers without resources a J ''vithout cha- racter, whose turbulent and restless spirit ev angered the infant colony,* and rendered its progress uncertain. The artizans and agriculturists arrived afterwards; and, although they were a more moral and orderly race i ' men, they were in nowise above the level of the inferir • classes in England.^ No lofty conceptions, no intellectual ^stem, directed the foundation of these new settlements. The colony was scarcely established when slavery was introduced,* and this was the main circumstance which has exercised so prodigious an influence on the character, the laws, and all the future prospects of the South. Slavery, as we shall afterwards show, dishonours labour ; it introduces idleness into society, and with idleness, ignorance and pride, luxury and distress. It enervates the powers of the mind, and benumbs the activity of man. The influence of slavery, united to the English cha- racter, explains the manners and the social condition of the Southern States. ■^ The Charter gi-anted by tlie Crown of England in 1609 stipulated, amongst other conditions, that the adventurers should pay to the Crown a fifth of the pro- duce of all gold and silver mines. See Marshall's 'Life of Washington,' vol. i. pp. 18-66. * A large portion of the adventurers, says Stith (History of Virginia), were unprincipled young men of family, whom their parents were glad to ship oflF, dis- charged servants, fraudulent bankrupts, or debauchees ; and others of the same class, people more apt to pillage and destroy than to assist the settlement, were the seditious chiefs, who easily led this band into every kind of extravagance and excej-s. See for the history of Virginia the following works : — 'History of Virginia, from the First Settlements in the year 1624,' by Smith. ' History of Virginia,' by William Stith. ' History of Vii-ginia, from the Earliest Period,' by Beverley. 3 It was not till some time later that a eertaiu number of rich English capital- ists came to fix themselves in the colony. * Slavery was introduced about the year 1620 by a Dutch vessel which landed twenty negroes on the banks of the river James. See Chalmer. v. 88 DEMOCRACY IN AMERICA. ill In the North, the same English foundation was modified by the most opposite shades of character ; and here I may be allowed to enter into some details. The two or three main ideas whicn 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 neighbouring 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 American 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 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 re- sources, driven by their poverty and their misconduct from the land which gave them birth, or by speculators and adven- turers greedy of gain. Some settlements cannot even boast so honourable an origin ; St. Domingo was founded by buccaneers; and the criminal courts of England originally supplied the population of Australia. The settlers who established themselves on the shores of New England all belonged to the more independent classes of their native country. Their union on the soil of America at once presented the singular phenomenon of a society con- taining neither lords nor common people, neither rich nor poor. These men possessed, in proportion to their number, a greater mass of intelligence than is to be found in any European nation of our own time. All, without a single exception, had received a good education, and many of them were known in Europe for their talents and their acquire- ments. The other colonies had been founded by adventurers without family; the emigrants of New England brought with them the best elements of order and morality — they landed in tho desert accompanied by their wives and children. But what most especially distinguished them was the aim of their undertaking. Tliey had not been obliged by necessity ^ The States of New England are those situated to the east of the Hudson ; they are now six in number : 1, Connecticut ; 2, Rhode Island ; 3, Massachusetts 4, Vermont ; 5, New Hampshire ; 6, Maine. ii ORIGIN OF THE ANGLO-AMERICANS. 39 nodified may be 36 main ^ of the English of New first to Y to the B whole (Tond its ation of , which, distant Dectacle, lar and en first lout re- ct from I adven- »n boast ded by riginally hores of < classes America ety con- •ich nor number, in any I single of them acquire- enturers brought y— they ;hildren. bhe aim lecessity e Hudson ; lachusetts to leave their country; the social position they abandoned was one to be regretted, and their means of subsistence were certain. Nor did they cross the Atlantic to improve their situation or to increase their wealth ; the call which sum- moned 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. Puritanism was not merely a religious doctrine, but it corre- sponded in many points with the most absolute democratic and republican theories. It was this tendency which had aroused its most dangerous adversaries. Persecuted by the Government of the mother-country, and disgusted by the habits of a society opposed to the rigour of their own prin- ciples, the Puritans went forth to seek some rude and un- frequented part of the world, 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 than all we can say of them. Nathaniel Morton,^ the historian of the first years of the settlement, thus opens his subject : * Gentle Reader, — I have for some length of time looked upon it as a duty incumbent, especially on the immediate successors of those that have had so large experience of those many memorable and signal demonstrations of God's good- ness, viz. the first beginners of this Plantation in New Eng- land, to commit to writing his gracious dispensations on that behalf; having so many inducements thereunto, not o:aely otherwise but so plentifully in the Sacred Scriptures: that so, what we have seen, and what our fathers have told us (Psalm Ixxviii. 3, 4), we may not hide from our children, showing to the generations to come the praises of the Lord ; that especially the seed of Abraham his servant^, and the children of Jacob his chosen (Psalm cv. 5, 6), may remember his marvellous works in the beginning and progress of the planting of New England, his wonders and the judgments of his mouth; how that God brought a vine into this wilder- ness ; that he cast out the heathen, and planted it ; that he 1 ' New England's Memorial,' p. 13. Boston, 1826. History,' vol. ii. p. 440. 8ee also ' Hutchinson's 30 DEMOCRACY^ LY AMERICA. made room for it and caused it to take deep root; and it filled the land (Psalm Ixxx. 8, 9). And not onely so, but also that he hath guided his people by his strength to his holy habitation and plaated them in the mountain of his in- heritance in respect of precious Gospel enjoyments : and that as especially God may have the glory of all unto whom it is most due ; so also some rays of glory may reach the names of those blessed Saints that were the main instruments and the bc'Qfinning of this happy enterprise.' It is impossible to read this opening pai'agraph without an involuntary feeling of religious awe ; it breathes the very savour of Gospel antiquity. The sincerity of the author heightens his power of language. The band which to his eyes was a mere party of adventurers gone forth to seek their fortune beyond seas appears to the reader as the germ of a great nation wafted by Providence to a predestined shore. The author thus continues his narrative of the departure of the first pilgrims : — * So they left that goodly and pleasant city of Leyden,^ which had been their resting-place for above eleven years; but they knew that they were pilgrims and strangers here below, and looked not much on these things, but lifted up their eyes to Heaven, their dearest country, where God hath prepared for them a city (Heb. xi. 16), and therein quieted their spirits. When they came to Delfs-Haven they found the ship and all things ready ; and such of their friends as could not come with them followed after them, and sundry came from Amsterdam to see them shipt, and to take their leaves of them. One night was spent with little sleep with the most, but with friendly entertainment and Christian dis- course, 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 i I 1 The emigrants wore, for the most part, godly Christians from the North of England, who had quitted their native country because they were ' studious of re- formation, 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, whore they abode, being lovingly respected by the Dutch, for many years : they left it in 1620 for several reasons, the last of which was, that their posterity would in a few generations become Dutch, and so lose their interest iu the English nation ; they being desirous rather to enlarge His Majesty's dominions, and to live under their natural prince.— 2Va»s/ar of dueumeuts relat- ing to the commencement of the colonies, which are valuable from their contents VOL. I. D fi' ; 34 DEMOCRACY IN AMERICA, In 1628 * a charter of this kind was granted by Charles I. to the emigrants who went to form the colony of Massa- chusetts. 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 Khode Island ^ were founded with- out the co-operation and almost 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 constituted 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 fore- fathers 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 police regulations, and enacted laws as if their allegiance was due only to God.^ Nothing can be more curious and, at the same time more instructive, than the legislation of that period ; it is there that the solu- tion 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 characteristic, the code of laws promulejated by the little State of Connecticut in 1650.^ The legislators of Con- necticut ' begin with the penal laws, and, strange to say, they and their authenticity; amongst them are the various charters granted by the King of England, 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 tlio United States, in the Introduction to his Commentary on the Constitution of the United States. It results from these documents that the principles of representative government and the external forms of political liberty were introduced into all the colonies at their origin. Those principles were more fully acted upon in the North than in the Soutli, but they existed everywhere. 1 See ' Pitkin's History,' p. 35. See the ' History of the Colony of Massachu- setts Bay,' by Hutchinson, vol. i. p. 9, ■^ See 'Pitkin's History,' pp. 42, 47. 3 The inhabitants of Ma.s.sachusetts had deviated from the forma which are preserved in the criminal and civil procedure of England ; in 1G.3U the decrees of justice were not yet headed by tlie roval style. See Hutchinson, vol. i. p. 452. * Code of 1650, p. 28. Hart ford ,"^1830. » See also in ' Hutchinson's History,' vol. i. pp. 435, 450, the analysis of the penal code adopted in 1048 by the colony of Massachusetts : this code is drawn up on the same principles as that of Connecticut. / ORIGIN OF THE ANGLO-AMERICANS. 35 [es I. [aFsa- ) the Ttain ,te of with- ge of their they }ty of years egally link fore- slative its of peace I laws g can active, e solu- States ecially little Con- , they by the of tho [itary on hat tho liberty ere more ivhore. assaehu- 'hich are lecrcos of 452. lis of the drawn borrow their provisions from the text of Holy Writ. * Who- soever shall worship any other Grod than the Lord,' says the preamble of the Code, ' shall surely be put to death.' This is followed by ten or twelve enactments of the same kind, copied verbatim from the books of Exodus, Leviticus, and Deuteronomy. Blasphemy, sorcery, adultery,^ and rape were punished with death ; an outrage offered by a son to his parents was to be expiated by the same penalty. The legis- lation of a rude and half-civilized people was thr applied to an enlightened and moral community. The consequence was that the punishment of death was never more frequently prescribed by the statute, and never more rarely enforced towards the guilty. The chief care of the legislators, in this body of penal laws, was the maintenance of orderly conduct and good morals in the community : they constantly invaded the domain of conscience, and there was scarcely a sin which was not subject to magisterial censure. The reader is aware of the rigour with which these laws punished rape and adultery ; intercourse between unmarried persons was like- wise severely repressed. The judge was empowered to in- flict a pecuniary penalty, a whipping, or marriage '^ on the misdemeanants ; and if the records of the old courts of New Haven may be believed, prosecutions of this kind were not unfrequent. We find a sentence bearing date the 1st 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 drunken- ness with severity.^ Innkeepers are forbidden to furnish 1 Adultery was also punished with death by the law of Massachusetts ; and Hutchinson, vol. i. p. 441, says that several persons actually suffered for this crime. Ho quotes a curious anecdote on this subject, which occurred in tho year 166.'}. A married woman had had criminal intercourse with a 3'oung man ; her hus- band died, rid she married the lover. .Several years !:ad elai)sed, Avhen the public began to suspect tho previous intercourse of this couple : they were thrown into prison, put iipon trial, and very narrowly escaped capital punishment. ^ Code of 1G50, p. 48. It seems sometimes to have happened that the judges superailded these punishments to each otlier, as is seen in a sentence pronounced in 1G43 (p. 114, Now Haven Antiquities), by which Margaret Bedford, convicted of loo-e conduct, was contlemncd to be whipt, and afterwards to marry Nicholas Jommiugs, her accomplice. ^ ' Now Haven Antiquities,' p. 104. See also ' Hutchinson's History ' for several causes equallv extraordinary. ^ Code of 1650, pp. 50,57. »s htm- ^ DEMOCRACY IN AMERICA. more than a certain quantity of liquor to each consumer ; and simple lying, 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 himself upheld in Europe, renders attendance on divine service compulsory,'' and goes so far as to \i3it with severe punishment,^ and even with death, the Christians who chose to worship God according to a ritual differing from his own.^ Sometimes indeed the zeal of his enactments induces him to descend to the most frivolous particulars : thus a law is to be found in the same Code which prohibits the use of tobacco.' It must not be forgotten that these fantastical and vexatious laws were not imposed by autho- rity, but that they were freely voted by all the persons interested, and that the manners of the community were even more austere and mere puritanical than the lawf^ In 1649 a solemn association was formed in Boston to check the worldly luxury of long hair.^ These errors are no doubt discreditable to hViman reason ; they attest the inferiority of our nature, which is incap- able 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 perse- cution and were stUl ferment- ., nmong the people, a body of political laws is to be foui.d, -yhich, 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 1 Code of 1650, p. 64. 2 juj^^ p. 44. 3 This was not peculiar to Connocticut. >See, tor instance, the law which, on tlie 13th of September 1644, banished the Anabaptists from the State of Massa- chusetts. (Historical Collection of State Papers, vol. i. p. f^'iS.) See also the law against the Quakers, passed on the 14th of October, 1056. ' Whereas,' snys t.lir3 preamble, 'an accursed race of heretics Cfllod Qiuikers liiis sprung up,'&c. The clauses of the statute iiWlict a heavy fine on all captains of ships who should im- port Quakers into the country. The Quakers who may be found there sh.ill bo whipptv' ind imprisoned with hard labour. Those members of the sect who should defend their opinions shall be first fined, then impri.soned, and finally driven out ,(/ the province. —Jlistori al Collection of State Papers, vol, i. p. ().'}(). Hy the ;;^' nal hrv oi Massachusetts, any Catlioiic priest who sliould sot foot in the .olmy a' tjr having been onco driven out of it was liable to capital punishment, -^ Co to of 1650, p. 06. * New England's Momorial, p. 316. See Appendix, E. •-.(y of American liberty at the present day. The political ^'xis*- nca of the majority of the nations of Europe commenced ^ the superior ranks of society, and was gradually and imp ; lectly communicated to the different members of the social ; ady. In America, on the other hand, it may be said thai fJ.e township was organized before the couu y, the county before the State, the State before the Union. In New England townships were completely and definitively constituted as early as 1650, The independence 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 \ real political life most thoroughly democratic and republican. Tho colonies still recognizid the supremacy of the mother-country ; monarchy was still the law of the 1 ConstiUitioti of 1638, p. 17. ■^ In 1641 tho Gronoml Assoml^ly of Jlhode Islau ' utiiiiiiin')asiy declared that the government of the State wjui a des hoc; racy, and t^liat tho power was veste:l in tho body of free oitii-ens. who idono had the right to make the laws and to waUsh their execution. -Code of 1650, p. 70. 3 ' Piticin's History,* p. 47. ' Constitution of 1638, p. 12. / 38 DEMOCRACY IN AMERICA. 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 citizens. In studying the laws which were' promulgated at this first era of the American republics, it is impossible not to be struck by the remarkable acquaintance with the science of government and the advanced theory of legislation which they display. The ideas there formed of the duties of so- ciety towards its members are evidently much loftier and more comprehensive than those of the European legislators at that time : obligations were there imposed which were elsewhere slighted. In the States of New England, from the first, the condition of the poor was provided for ; ^ strict measures were taken for the maintenance of roads, and sur- veyors were appointed to attend to them ; ^ registers were established in every parish, in which the results of public deliberations, and the births, leaths, and marriages of the citizens were entered ; * clerks were directed to keep these registers ; ' officers were charged with the administration of vacant inheritances, and with the arbitration of litigated landmarks ; and many others were created whose chief functions were the maintenance of public order in the com- munity.^ Ihe law enters into a thousand useful provisions for a number of social wants which are at present very in- adequately felt in France. iJut it is by the attention it pays to Public Education that the original character of American civilization is at once />laccd in the clearest light. * It being,' says the law, * or\p ohief j rjject of Satan to keep men from the knowledge of the H;'«iptT-re by persuading from the use of tongues, to the eud thr le.ming may not be buried in the graves of our forefathers, in Uurch and commonwealth, the Lord assisting our endeavours. , . .''^ Here follow clauses establishing schools in every township, and obliging the inhabitants, ur;Jer pain of heavy fines, to support them. Schools of a 1 Code of 1650, p. 80. '^ IHd.. p. 7«. ' Ibid., r ^). * See 'Jiutehinson's History,' vol. i. p. 455. « Code of 1650, p. 86. 8 IMd., p. 40. ' Ibid., p. 90. ORIGIN OF THE ANGLO-AMERICANS, 39 superior kind were founded in the same manner in the more populous districts. The municipal authorities were bouud to enforce the sending of children to school by their parents ; they were empowered to inflict fines upon all who refused compliance ; and in cases of continued resistance society assumed the place of the parent, took possession of the child, and deprived the father of those natural rights which he used to so bad a purpose. The reader will undoubtedly have remarked tbie preamble of these enactments : in America religion is the road to knowledge, and the observance of the divine laws leads man to civil freedom. If, after having cast a rapid glance over the state of American society in 1650, we turn to the condition of Europe, and more especially to that of the Contijient, at the same period, we cannot fail to be struck with astonish- ment. On the continent of Europe, at the beginning of the seventeenth century, absolute monarchy had everywhere triumphed over the ruins of the oligarchical and feudal liberties of the Middle Ages. Never were the notions of right more completely confounded than in the midst of the splendour and literature of Europe • never was there less political activity among the people ; never were the prin- ciples 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 gr?ut 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 precedent was produced offhand by the imagina- tion of the citizens. In the bosom of this obscure demo- cracy, which had as yet brought forth . e; her 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, ^ Mather's 'Magnalia Christi Americana,' vol. ii. p. 13. This speech was made by Winthrop ; he was accused of liaving committed arlntrary action:* during his magistracy, but after having made the speech of which the above is a fragment, ho was acquitted by acckniation, and from that time forwards he was always re- elected governor of the State. See Marshal, vol. i. p. 16G. 40 DEMOCRACY IN AMERICA. and this liberty is inconsistent with authority, impatient of all restraint ; by this liberty " aumus omnea deteriorea : " '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 h the proper end and object of autho- rity ; it is a liberty for that only which is just and good : for this liberty you are to stand with the hazard of your very lives, and whatsoever crosses it is not authority, but a distemper thereof. This liberty is maintained in a way of subjection to authority ; and the authority set over you will, in all administrations for your good, be quietly submitted unto by all but such as have a disposition to shake off the yoke and lose their true liberty, by their murmuring at the honour and power of authority.' The remarks I have made will suffice to display the cha- racter 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 frequent hostility, but which in America have been admirably incorporated 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 entiif ly free from political prejudices. Hence arose two tendencies, distinct but not opposite, which are constantly discernible in the mann'^rs 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 acquire- ment of wealth, moral enjoyment, 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 society in which they were born were broken down be- fore them; the old principles which had governed the world for ages were no more ; a path without a term 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 I \ i 1 e s n t] it n ft E al c< g d ii 01 Oi n ORICm OF THE ANGLO-AMERICANS. >i time the were two antly ' the ions checks his researches, he discreetly lays aside the use of his most formidable faculties, he no longer consents to doubt or to innovate, but carefully abstaining from raising the cur- tain 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, uncertain, and disputed : in the one is a passive, though a voluntary, obedience ; in the other an independence scornful of experience and jealous of authorit 7. These two tendencies, apparently so discrepant, are far from conflicting; they advance together, and mutually sup- port each other. Keligion perceives that civil liberty affords a noble exercise to the faculties of man, and that the political world is a field prepared by the Creator for the efforts of the intelligence. Contented with the freedom and the power which it enjoys in its own sphere, and with the place which it occupies, the empire of religion is never more surely established than when it reigns in the hearts of men un- supported by aught beside its native strength. Keligion is no less the companion of liberty in all its battles and its triumphs ; the cradle of its infancy, and the divine source of its claims. The safeguard of morality is religion, and morality is the best security of law and the surest pledge of freedom. REASONS OF CERTAIN ANOMALIES WHICH THE LAWS AND CUSTOMS OF THE ANGLO-AMERICANS PRESENT. Kemains of aristocratic institutions in the midst of a complete democracy — Why? — Distinction carefully to be drawn between what is of PuritanicjU and what is of English origin. The reader is cautioned not to draw too general or too absolute an inference from what has been said. The social condition, the religion, and the manners of the first emi- grants undoubtedly 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 off the influiince of the past, and the settlers, intentionally or involuntarily, mingled habits and notions derived from their education • * See Appendix, F. 4« DEMOCRACY IN AMERICA, ll ;! and from the traditions of their country with those habits and notions which were exclusively their own. To form a judgment on the Anglo-Americans of the present day it is therefore necessary 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 sur- rounds 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 English colonies had been founded in an age of darkness, or if their origin was already lost in the lapse of years, the problem would be insoluble. I shall quote a single example to illustrate what I ad- vance. 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, tc incarcerate him : the ground of the accusation and the importance of the charges against him are then discussed. It is evident that a legisla- tion of this kind is hostile to the poor man, and favourable 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 lor justice in prison, he is speedily reduced to distress. The wealthy individual, on the contrary, always escapes imprison- ment 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 law, and they usually reserve the greatest social advantages to themselves. The explanation of the pheno- menon is to be found in England ; the laws of which I speak are English,^ and the Americans have retained them, however repugnant they may be to the tenor of their legislation and the mass of their ideas. Next to its habits, the thing which a nation is least apt to change is its civil legislation. Civil laws are only familiarly known to legal men, whose direct interest it is to maintain them as they are, whether good or 1 Crimes no doubt exist for which bail is inadmissible, but they are few in number. ^ See Blackstone ; and Delolme, book I. chap. x. SOCIAL CONDITION OF THE ANGLO-AMERICANS. 43 habits form a Y it is al and in the it sur- , spirit lation ; society, rkness, Ts, the bad, simply because they themselves are conversant with them. The body of the nation is scarcely acquainted with them ; it merely perceives their action in particular cases ; but it has some difficulty in seizing their tendency, and obeys them without premeditation. I have quoted one instance where it would have been easy to adduce a great aumber 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 colours sometimes peep. I ad- ericans he first y from tn : the chargea legisla- ourable jrity to to wait The prison- de the reaking )r him, than )or who social pheno- 1 speak lowever ion and which Civil direct jood or ro few in CHAPTER III. SOCIAL CONDITION OF THE ANGLO-AMERICANS. A SOCIAL condition is commonly the result of circumstances, sometimes of laws, oftener still of these two causes united ; but wherever it exists, it may justly be considered as the source of almost all the laws, the usages, and the ideas which regulate the conduct of nations ; whatever it does not produce it modifies. 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. THE STRIKING CHARACTERISTIC OF THE SOCIAL CONDITION OF THE ANGLO-AMERICANS IS ITS ESSENTIAL DEMOCRACY. The first emigrants of New England — Their equality -Aristocratic laws intro- duced 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 con- dition 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 IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 121 2.2 •U 136 i us 1. ^ l^s i = ' ||l.25 III 1.4 1.6 ^ 6" ► V ^j>> ■> Hiotographic Sciences Corporation 33 WIST MAIN STRUT WIBSTH.N.Y. MSIO (716) e72-4303 ^V iV 4 L-O^^ <^ 6^ o 44 DEMOCRACY IN AMERICA, 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 south-west of that river, and in the direction of the Floridas, the case was different. In most of the States situ- ated to the south-west of the Hudson some great English proprietors had settled, who had imported with them aristo- cratic principles and the English law of descent. I have explained the reasons why it was impossible ever to establish a powerful aristocracy in America ; these reasons existed with less force to the south-west of the Hudson. In the South, one man, aided by slaves, could cultivate a great extent of country : it was therefore common to see rich landed proprietorj. But their influence was not altogether aristocratic as that term is understood in Europe, since they possessed no privileges ; and the cultivation of their estates being carried on by slaves, they had no tenants depending on them, and consequently no patronage. Still, the great proprietors south of the Hudson constituted a superior class, having ideas and tastes of its own, and forming the centre of political action. This kind of aristocracy sympathized with the body of the people, whose passions and interests it easilv embraced ; but it was too weak and too short-lived to excite either love or hatred for itself. This was the class which headed the insurrection in the South, and furnished the best leaders of the American revolution. At the period of which we are now speaking society was shaken to its centre : the people, in whose name the struggle had taken placCj conceived the desire of exercising the authority which it had acquired; its democratic tendencies were awakened; and having thrown off the yoke of the mother-country, it aspired to independence of every kind. The influence of individuals gradually ceased to be felt, and custom and law united together to produce the same result. But the law of descent was the last step to equality. I am surprised that ancient and modern jurists have not at- SOCIAL CONDITION OF THE ANGLO-AMERICANS. 45 id. The t of the v^as that Q names of their h might ipable of Hudson : of the tes situ- English Q aristo- I have establish existed In the a great see rich together nee they r estates spending lie great or class, 5 centre pathizec erests it ort-lived :he class urnished iety was struggle ing the ndencies of the ry kind, felt, and isult. ility. I not at- tributed to this law a greater influence on human affairs.* It is true that these laws belong to civil affairs; but they ought nevertheless to be placed at the head of all political institutions ; for, whilst political laws are only the symbol of a nation's condition, they exercise an incredible influence upon its social state. They have, moreover, a sure and uni- form manner of operating upon society, affecting, as it were, generations yet unborn. Through their means man acquires a kind of preterna- tural power over the future lot of his fellow-creatures. When the legislator has regulated the law of inheritance, he may rest from his labour. 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, distri- butes, and disperses both property and power. Alarmed by the rapidity of its progress, those who despair of arresting its motion endeavour to obstruct it by difficulties and impedi- ments ; 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 pro- perty ; not only do his possessions change hands, but their very nature is altered, since they are parcelled into shares, which become smaller and smaller at each division. This is the direct and, as it were, the physical effect of the law. It follows, then, that in countries where equality of inheri- tance is established by law, property, and especially landed ^ I understand by the law of descent all those laws whoso 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 \ww of entail is to regulate the descent of property after the death of its owner; its other provisions are merely means to this end. 46 DEMOCRACY IN AMERICA. property, must have a tendency to perpetual diminution. The effects, however, of such legislation would only be per- ceptible 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 iabove 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 consequences tend powerfully to the destruction of large fortunes, and especially of large domains. Among nations whose law of descent is founded upon the right of primo- geniture landed estates often pass from generation to gene- ration without undergoing division, the consequence of which is that family feeling is to a certain degree incorporated with the estate. The family represents the estate, the estate the family; whose name, together with its origin, its glory, its power, and its virtues, is thus perpetuated in an im- perishable 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 pro- perty ceases to represent the family ; for as it must inevitably be divided after one or two generations, it has evidently a constant tendency to diminish, and must in the end be com- pletely dispersed. The sons of the great landed proprietor, if they are few in number, 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 diu ; the riches must necessarily be composed 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 de- rives 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 favour of selling, as floating 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 SOCIAL CONDITION OF THE ANGLO-AMERICANS. 47 inution. be per- oned to of two average imongst er than ace not ainds of indirect f large nations primo- gene- ence of •porated e estate s glory, an im- of the ihed by family he pro- 3vitably ently a )e com- prietor, may father, e did ; ifferent vner of he de- pride, of it; selling, operty, of the 1 never n come together again; for the small proprietor draws from his land a better revenue, in proportion, than the large owner does from his, and of course he sells it at a higher rate.^ The calculations of gain, therefore, which decide the rich man to sell his domain will still more powerfully influence him against buying small estates to unite them into a large one. What is called family pride is often founded upon an il- lusion of self-love. A man wishes to perpetuate and im- mortalize himself, as it were in his great-grandchildren. Where the esprit de famille ceases to act individual selfish- ness comes into play. When the idea of family becomes vague, indeterminate, and uncertain, a man thinks of his present convenience ; he provides for the establishment of his succeeding generation, and no more. Either a man gives up the idea cf perpetuating his family, or at any rate he seeks to accomplish it by other means than that of a landed estate. Thus not only does the law of partible inheritance render it difficult for families to preserve their ancestral domains entire, but it deprives them of the inclination to attempt it, and compels them in some measure to co-operate with the law in their own extinction. The law of equal distribution proceeds by two methods: by acting upon things, it acts upon persons ; by influencing persons, it affects things. By these means the law succeeds in striking at the r.;ot of landed property, and dispersing rapidly both families and fortunes." Most certainly it is not for us Frenchmen of the nine- teenth century, who daily witness the political and social changes which the law of partition is bringing to pass, to 1 1 do not mean to say that the small proprietor cultivates his land better, but he cultivates it with more ardour and care: so that he makes up by his labour for his want of skill. 2 Land being the most stable kind of property, wo find, from time to time, rich individuals who are disposed to make great sacrifices in order to obtain it, and who willingly forfeit a considerable part of their income to make sure of the rest. But these are accidental cases. The preference for landed property is no longer found liabitually in any class but among the poor. The small landowner, who has less information, less imagination, and fewer passions than the great one, is generally occupied with the desire of increasing his estate : and it often hai)[)eus that by inlieritance, by marriage, or by the chances of trade, ho is gradually furnisheil with the means. Thus, to balance the tendency which leads men to divide their estates, there exists another, which incites them to add to them. This tendency, which is sutfleiont to prevent estates from being divided ad infinitum, is not strong enough to create great territorial possessions, certainly not to keep them up in the same family. 4,a DEMOCRACY IN AMERICA. question its influence. It is perpetually conspicuous in our country, overthrowing the walls of our dwellings and re- moving the landmarks of our fields. But although it has produced great effects in France, much still remains for it to do. Our recollections, opinions, and habits present power- ful obstacles to its progress. In the United States it has nearly completed its work of destruction, and there we can best study its results. The English laws concerning the transmission of property were abolished in almost all the States at the time of the Kevolu- tion. The law of entail was so modified as not to interrupt the free circulation 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 moment, after a lapse of a little more than sixty years, the aspect of society is totally altered ; the families of the great landed proprietors are almost all com- mingled with the general muss. In the State of New York, which formerly contained many of these, there are but two who stiii keep their heads above the stream, and they must shortly disappear. The sons of these opulent citizens are become merchants, lawyers, or physicians. Most of them have lapsed into obscurity. The last trace of hereditary ranks and distinctions is destroyed — the law of partition has re- duced all to one level. I do not mean that there is any deficiency of wealthy individuals in the United States; I know of no country, indeed, where the love of money has taken stronger hold on the affections of men, and where the profounder contempt is expressed for the theory of the permanent equality of property. But wealth circulates with inconceivable rapidity, and ex- perience shows that it is rare to find two succeeding gene- rations in the full enjoyment 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 unheard of till then were seen to emerge from the wilds: States whose names were not in existence a few ^ See Appendix, Q-. |i m our and re- it has "or it to power- work of s. The ty were Revolu- iterrupt having nd the ^ress of re than d; the 11 com- V York, )ut two sy must sns are f them y ranks bas re- wrealthy ountry, lold on 3mpt is operty. nd ex- gene- e over- taking St. At jgan to e mass ection : e from a few SOCIAL CONDITION OF THE ANGLO-AMERICANS. 49 years before claimed their place in the American Union ; and in the Western settlements we may behold democracy arrived at its utmost extreme. In these States, founded off-hand, and, as it were, by chance, the inhabitants are but of yester- day. Scarcely known to one another, the nearest neighbours are ignorant of each other's history. In this part of the American continent, therefore, the population has not ex- perienced the influence of great names and great wealth, nor even that of the natural aristocracy of knowledge and virtue. None are there to wield that respectable power which men willingly grant to the remembrance of a life spent in doing good before their eyes. The new states of the West are already inhabited, but society has no existence among them.* It is not only the fortunes of men which are equal in America; even their requirements partake in some degree of the same uniformity. I do not believe 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 individuals. Primary instruction is within the reach of every- body ; superior instruction is scarcely to be obtained by any. This is not sui*prising ; 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 re- quires an apprenticeship, which limits the time of instruction to the early years of life. At fifteen they enter upon their calling, and thus their education ends at the age when ours begins. Whatever is done afterwards is with a view to some special and lucrative object ; a ecience 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. 1 [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 iatlueuce on American society. — Tram- laior's Note.] VOL. I. E 50 DEMOCRACY IN AMERICA. There is no class, then, in America, in which the taste for intellectual pleasures is transmitted with hereditary for- tune and leisure, and by which the labours of the intellect are held in honour. Accordingly there is an equal want of the desire and the power of application to these objects. A middle standard is Rxed iu America for human know- ledge. All approach as near to it as they can ; some as they rise, others as- they descend. Of course, an immense multi- tude of persons are to be found who entertain the same num- ber of ideas on religion, history, science, political economy, legislation, and government. The gifts of intellect proceed directly from G-od, and man cannot pr»'vent their unequal dis- tribution. But in consequence of tha state of things which we have here represented it happens that, although the capacities of men are widely different, as the Creator has doubtless intended they should be, they are submitted to the same method of treatment. In America the aristocratic element has always been feeble from its birth ; and if at the present day it is not actually •des*". "ved, it is at any rate so completely disabled that we can rscr..' « .y assign to it any degree of influence in the course of ahdks. 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 extra- ordinary 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. m M POLITICAL CONSEQUENCES OF THE SOCIAL CONDIIION 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 re- maining for ever unequal upon one single point, yet equal on all others, is impossible; they must come in the end to be SOCIAL CONDITION OF THE ANGLO-AMERICANS. 51 > taste ry for- itellect rant of know- is they multi- B num- ionomy, proceed ual dis- } "which gh the tor has . to the a feeble actually we can ourse of I gained ition, as There nd even extra- greater words, antry of ved the OF THE lition as 3ve that political men re- jqual on d to be equal upon all. Now I know of only two methods of esta- blishing equality ia the political world ; every citizen must be put in possession of his rights, or rights must be granted to no one. For nations which ar^ arrived at the same stage of social existence as the Anglo-Americans, it is therefore very difficult to discover a medium between the sovereignty of all and the absolute power of one man : and it would be vain to deny that the social condition which I have been de- scribing 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 honoured. This passion tends to elevate the humble to the rank of the great; but there exists also in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level, and reduces men to prefer equality in slavery to inequality with freedom. Not that those nations whose social condition is democratic natu- rally despise liberty ; on the contrary, they have an instino- tive love of it. But liberty is not the chief and constant object of their desires ; equality is their idol : they make rapid and sudden efforts to obtain liberty, and if they miss their aim resign themselves to their disappointment; but nothing can satisfy them except equality, and rather than lose it they resolve to perish. On the other band, in a State where the citizens are nearl3' on an equality, it becomes difficult for them to pre- serve their independence against the agressions of power. No one among them being strong enough to engage in the struggle with advantage, 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 re- sults are extremely diflferent from eauh 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 allowed by their circumstances, their origin, their intelligence, and especially, by their moral feeling, to establish and maintain the sovereignty of the people. b2 5^ DEMOCRACY IN AMERICA. 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 Revolution — Development given to it by that Revolution — Gradual and irresistible extension of the elective qualification Whekeveb the political laws of the United States are to be discussed, it is with the doctrine of the sovereignty of the people that we must begin. The principle of the sovereignty of the people, which ip to be found, more or less, at the bottom of almost all human institutions, generally remains concealed from view. It is obeyed without being recognised, or if for a moment it be brought to light, it is hastily cast back into the gloom of the sanctuary. *.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 submission established the right of com- mand. In America the principle of the sovereignty of the people is not either barren or concealed, as it is with some other nations; it is recognised by the customs and proclaimed by the laws ; it spreads freely, and arrives without impediment at its most remote consequences. If there be a country in the world where the doctrine of the sovereignty of the people can be fairly appreciated, where it can be studied in its appli- cation to the affairs of society, and where its dangers and its advantages may be foreseen, that country is assuredly America. I have already observed that, from their origin, the sove- reignty of the people was the fundamental principle of the greater number of British colonies in America. It was far, however, from then exercising as much influence on the government of society as it now does. Two obstacles, the one external, the other internal, checked its invasive pro- SOVEREIGNTY OF THE PEOPLE. 53 gress. It could not ostensibly 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 aHsemblies, 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 aristocratic 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 wer3 not all of them electors. The electoral fran- chise was everywhere placed within certain limits, and made dependent on a certain qualification, which was ex- ceedingly 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 townships and municipalities, took possession of the State: every class was- enlisted in its cause; battles were fought, and victories obtained for it, until it b came the law of laws. A no less rapid change was effected in the ior of society, where the law of descent completed the a.joi on of local influences. At the very time when this consequence of the laws and of the revolution was apparent to every eye, victory was irrevocably pronounced in favour 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 straggle to an evil which was thence- forth 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 suffi- ciently 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 tri- umph of the new state of things; bo that by a singular change the democratic impulse was found to be most I 54 DEMOCRACY IN AMERICA, irresistible in the very States where the aristocracy had the firmest hold. The State of Maryland, which had been founded by men of rank, was the first to proclaim universal suffrage, and to introduce the most democratic forms into the conduct of its government. When a nation modifies the elective qualification, it may easily be foreseen that sooner or later that qualification will be entirely abolished. There is no more invariable rule in the history of society: the further electoral rights are extended, the greater is the need of extending them; for after each concession the strength of the democracy in- creases, and its demands increase with its strength. ■ The ambition of those who are below the appointed rate is irri- tated in exact proportion to the great number of those who are above it. The exception at last becomes the rule, con- cession follows concession, and no stop can be made short of universal suffrage. At the present day the principle of the sovereignty of the people has acquired, in the United States, all the practical development which the imagination can conceive. It is un- encumbered by those fictions which have been thrown over it in other countries, and it appears in every possible form according to the exigency of the occasion. Sometimes the laws are made by the people in a body, as at Athens; and sometimes its representatives, chosen by universal suffrage, transact business in its name, and almost under its imme- diate control. In some countries a power exists which, though it is in a degree foreign to the social body, directs it, and forces it to pursue a certain track. In others the ruling force is divided, being partly within and partly without the ranks of the people. But nothing of the kind is to be seen in the United States ; there society governs itself for itself. All power centres in its bosom ; and scarcely an individual is to be met with who would venture to conceive, or, still less, to express, the idea of seeking it elsewhere. The nation participates in the making of its laws by the choice of its legislators, and in the execution of them by the choice of the agents of the executive government; it may almost be said to govern itself, so feeble and so restricted is the share left to the administration, so little do the authorities forget their popular origin and the power from which they emanate.* 1 See Appendix, H. 55 CHAPTER V. short NECESSITY OF EXAMINING THE CONDITION OF THE STATES BEFORE THAT OF THE UNION AT LARGE. It is propos'id to examine in the following chapter what is the form of government established in America on the principle of the sovereignty of the people ; what are its resources, its hindrances, its advantages, and its dangers. The first difficulty which presents itself arises from the com- plex nature of the constitution of the United States, which consists of two distinct social structures, connected and, as it were, encased one within the other; two governments, completely separate and almost independent, the one ful- filling the ordinary duties and responding to the daily and indefinite calls of a community, the other circumscribed within certain limits, and only exercising an exceptional au- thority over the general interests of the country. In short, there are twenty-four small sovereign nations, whose agglo- meration 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 Federal Government of the United States was the last which was adopted ; and it is in fact nothing more than a modification or a summary of those republican principles which were current in the whole community before it ex- isted, and independently of its existence. Moreover, the Federal Government is, as I have just observed, the excep- tion ; the Government of the States is the rule. The author who should attempt to exhibit the picture as a whole be- fore 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 Ame- rican Union all present the same features, as far as regards the external aspect of their institutions. Their political or administrative existence is centred in three focuses of action, which may not inaptly be compared to the diflferent nervous i I ^^ 56 DEMOCRACY IN AMERICA. centres which convey motion to the human body. The township is the lowest in order, then the county, and lastly the State ; and I propose to devote the following chapter to the examination of t Lese three divisions. THE AMERICAM SYSTEM OF TOW'NSHll'S AND MUNICIPAL BODIES. Why the Author begins the examination of the political institutions with the township— Its existence in all nations — DiiRoulty of establishing and pre- serving municipal independence — Its importance — Why the Author has selected the township syste;a of New England as the main topic of his dis- cussion. It is not undesignedly that I begin this subject with the Township. The village or towuKhip is the only association which is so perfectly natural that wherever a number of men are collected it peems to constitute itself. The town, or tithing, as the smallest division of a com- munity, must necessarily exist in all nations, whatever their laws and customs may be : if m;»n makes monarchies and establishes republics, the first association of mankind seems constituted by the hand of God. But although the exist- ence of the township is coeval with that of man, its liberties are not the less rarely respected and easily destroyed. A nation is always able to establish great political assemblies, because it habitually contains a certain number of indivi- duals fitted by their talents, if not by their habits, for the direction of affairs. The township is, on the contrary, com- posed of coarser materials, which are less easily fashioned by the legislator. The difficulties which attend the conso- lidation of its independence rather augment than diminish with the increasing enlightenment of the people. A highly civilized community spurns the attempts of a local indepen- dence, is disgusted s^t its numerous blunders, and is apt to despair of succesr, before the experiment is completed. Again, no immunities are so ill protected from the encroach- ments 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 identi- fied with the customs of the nation and supported by public opinion. Thus until the independence of townships is amal- I I 7- The ad lastly lapter to PAL 8 with the r and pre- uthor has of his dis- B^rith the 3ociation • of men a com- er their lies and d seems |e exist- iberties yed. A mblies, indivi- for the y,com- shioned conso- iminish highly depen- is apt pleted. croach- bodies anded, they identi- public amal- TOWNSHIPS AND MUNICIPAL BODIES. 57 gamated with the manners of a people it is easily destroyed, and it is only after a long existence in the laws that it can be thus amalgamated. Municipal fr< lom is not thb 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 action of the laws and the national habits, peculiar circumstances, and above all time, may consolidate it; but there is certainly no nation on the continent of Europe which has experienced its advantages. Nevertheless local assemblies of citizens constitute the strength of free nations. 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 without the spirit of municipal institutions it cannot have the spirit of liberty. The transient pas- sions and the interests of an hour, or the chance of cir- cumstances, may have created the external forms of inde- pendence ; but the despotic tendency which has been repelled will, sooner or later, inevitably re-appear on the surface. In order to explain to the reader the general principles on which the political organization of the counties and townships of the United States rests, I have thought it ex- pedient 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 town- ship and the county are not organized in the same manner in every part of the Union ; it is, however, easy to perceive that the same principles have guided the formation of both of them throughout the Union. I am inclined to believe that these principles have been carried further in New England than elsewhere, and consequently that they offer greater facilities to the observations of a stranger. The institutions of New England form a complete and regular whole; they have received the sanction of time, they have the support of the laws, and the still stronger support of the manners of the community, over which they exercise the most prodigious influence ; they consequently deserve our attention on every account. !! 5* DEMOCRACY IN AMERICA. LIMITS OF THE TOWNSHIP. The Township of New England is a division which stands between the cofnimine and the canton of France, and which corresponds in general to the English tithing, or town. Its average population is from two to three thousand ;^ so that, on the one hand, the interests of its inhabitants are not likely to conflict, and, on the other, men capable of con- ducting its affairs are always 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 obedience 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 arrangement be necessary in general affairs, in the townships, where the legi&lative and administrative action of the government is in more immediate contact with the subject, the system of representation is not adopted. There is no corporation ; but the body of electors, after having designated its magistrate-', directs them in everything that exceeds the simple and ordinary executive business of the State." This state of things is so contrary to our ideas, and so different from our customs, that it is necessary for me to adduce some examples to explain it thoroughly. * 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. * The same rules are not applicable to the great towns, which gerierally have a mayor, and a corporation divided into two bodies ; this, ho^-^ever, is an exception which requires the sanction of a law. — See the Act of February 22, 1822, for appointing the authorities of the (Jity of Boston. It frequently happens that small towns as well as cities are subject to a peculiar administration. In 1832, 104 townships in the State of New York were «»overned in this manner. — Williams* a .Register, TOWNSHIPS AND MUNICIPAL BODIES. S9 The public duties in the township are extremely nume- rous and minutely divided, as we fhall see further on ; but the larger proportion of administrative power is vested in the hands of a small number of individuals, called ' the Selectmen.'* The general laws of the State impose a certain number of obligations on the selectmen, which they may fulfil without the authorization 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 misdemeanour. In all the aifairs, however, which are determined by the town-meeting, the selectmen are the organs of the popular mandate, as in France the Maire executes the decree of the municipal council. They usually act upon their own responsibility, and merely put in practice principles which have been previously 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 ap- pointed 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 favourable. 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 selectmen 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 number of other municipal magistrates, who are entrusted > Three selectmen are appointed in the small tovnships, and nine in the largo ones.— See 'The Town OtRcer,* p. 186. (See also the principal laws of the State of Mnso-.ohusetts relative to the selectmen : Act (,': February 20, 1786, vol. i. p. 219; February 24, 1790, vol. i, p. 488; March 7, 1801, vol. ii. p. 45 ; June 16, 1795, vol. i. p. 475 ; March 12, 18C8, vol. ii. p. 180 ; February 28, 1787, vol. i. p. 302 ; June 22, 1797, vol. i. p. 539. '^ See Laws of Massachusetts, vol. i. p. 150, Act of the 25th March, 1786. 6o DEMOCRACY IN AMERICA. with important administrative functions. The assessors rate the township ; the collectors receive the rate. A constable is appointed to keep the peace, to watch the streets, and to forward the execution of the laws ; the town-clerk records all the town votes, orders, grants, births, deaths, and mar- riages; the treasurer keeps the funds; the overseer of the poor performs the difficult task of superintending the action of the poor-laws; committee-men are appointed to attend to the schools and to public instruction ; and the road-survey- ors, who take care of the greater and lesser thoroughfares of the township, complete the list of the principal function- aries. They are, however, still further subdivided ; and amongst the municipal officers are to be found parish com- missioners, who audit the expenses of public worship; dif- ferent classes of inspectors, some of whom are to direct the citizens in case of fire; tifehing-men, listers, hay wards, chim- ney-viewers, fence-viewers to maintain the bounds of pro- perty, timber-measurers, and sealers of weights and measures.^ There are nineteen principal offices in a township. Every inhabitant is constrained, on the pain of being fined, to undertake these different functions ; which, however, are almost all paid, 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 pro- portion to what they have done. 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 these doctrines in the townships of America — The township of New England is sovereign in all that concerns itself alone : subject to the State in all other matters — Bond of the township and the State— In France the Qovernment lends its agent to the Commune — In America the reverse occurs. I have already observed that the principle of the sove- reignty 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 1 All these magistrates actually exist ; their different functions are all detailed in a book called 'Tlia Town Officer,' by Isojic Goodwin, "Worcester, 1827; and in the • Collection of the General Laws of Massachusetts,' 3 vols., Boston, 1823. ors rate onstable , and to records id mar- ■ of the B action :tend to -survey- ighfares iinction- d ; and sh com- lip; dif- :ect the 3, chim- of pro- asures/ Every ned, to ver, are be able merican ionaries. in pro- pie of the rnships of t concerns township immune — e sove- item of i afford y which II detailed r,' and in 1823. TOWNSHIPS AND MUNICIPAL BODIES. 61 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-citizens. He obeys the government, not because he is inferior to the authorities which conduct it, or that he is lesa capable than his neighbour of governing himself, but because he acknowledges the utility of an association with his fellow-men, and because he knows that no such association can exist without a regulating force. If he be a subject in all that concerns the mutual relations of citi- zens, he is free and responsible to God alone for all that con- cerns 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. Th.s doctrine is universally admitted in the United States. I shall hereafter examine the general influence which it exercises on the ordinary actions of life ; I am now speaking of the nature of municipal bodies. The township, taken as a whole, and in relation to the government of the country, may be looked upon as an in- dividual to whom the theory I have just alluded to is ap- plied. Municipal independence is therefore a natural con- sequence of the principle of the sovereignty of the people in the United States : all the American republics recognize it more or less ; but circumstances have peculiarly favoured 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 contented to assume the central power of the State. The townships of New England remained as they were be- fore ; and although they are now subject to the State, they were at first scarcely dependent upon it. It is important to remember that they have not been invested with privileges, but that they have, on the contrary, forfeited a portion of their independence to the State. The townships are only subordi- nate to the State in those interests which I shall term social, as the}^ are common to all the citizens. They are indepen- dent in all that concerns themselves ; and amongst the in- habitants of New England I believe that not a man is to be 1-! 6s DEMOCRACY IN AMERICA. 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, augment 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 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 or- dains. In speaking of the administration of the United States I shall have occasion to point out the means by which the townships are compelled to obey in these dif- ferent cases: I here merely show the existence of the obli- gation. Strict as this obligation is, the government of the State imposes it in principle only, and in its perforn-ance the township resumes all its independent rights. Ihus, 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 receives the local imposts ; in America the town-collector receives the taxes of the State. Thus the French Government lends its agents to the commune; in America the township is the agent of the Government. Thia fact alone shows the extent of the differences which exist between the two nations. PUBLIC SPIRIT OF THE TOWNSHIPS OF NEW ENGLAND. How the township of New England wins the affections of its inhabitants. — Diffi- culty of creating local public spirit in Europe. — The rights and duties of the American township favourable to it — Characteristics 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 town- ship of New England possesses two advantages which in fallibly secure the attentive interest of mankind, namely, independence and authority. Its sphere is indeed small and limited, but wi<"hin that sphere its action is unrestrained ; I TOWNSHIPS AND MUNICIPAL BODIES, 6j and its independence gives to it a real importance which its' extent and population may not always ensure. It is to be remembered that the affections of men gene- rally lie on the side of authority. Patriotism is not durable in a conquered nation. The New Englander is attached to his towEsbip, not only because he was. bom in it, but because it 'constitutes a social body of which he is a member, and ];vhose government claims and deserves the exercise of his sagacity. In Europe the absence of local public spirit is a frequent subject of regret to those who are in power; every one agrees that there is no surer guarantee of order and tranquillity, and yet nothing is more difficult to create. If the municipal bodies were made powerful and independent, the authorities of the nation might be disunited and the' peace of the country endangered. Yet, without power and independence, a town may contain good subjects, but it can have no active citizens. Another important fact is that the township of New England is so constituted as to excite the warmest of human affections, without arousing the am- bitious 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 tran- quil and obscure administration offers no inducement suf- ficient to draw men away from the circle of their interests into the turmoil of public affairs. The federal government confers power and honour 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 ad- vanced period of life, and the other federal functionaries are generally men who have been favoured 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 ex- citing interests, auv' the taste for authority and popularity, in the midst of the ordinary relations of life ; and the passions which commonly embroil society change their character when they find a vent so near the domestic hearth and the family circle. In the American States power has been disseminated with admirable skill for the purpose of interesting the greatest possible number of persons in the common weal. Indepen- dently of the electors who are from time to time called into action, the body politic is divided into innumerable 64 DEMOCRACY IN AMERICA. functionaries and officers, who all, in their several spheres, represent the same powerful 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 among so many citizens, does not scruple to multiply the functions of the town officers. For in the United States it is believed, and with truth, that patriotism is a kind of devotion which is strengthened by ritual observance. In thi; manner the activity of the township is continually per- ceptible; it is daily manifested in the fulBlment 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- tfcineer clings to his hills, because the characteristic features of his country are there njore distinctly marked than else- whore. The existence of the townships of New England is in general a happy one. Their government is suited to their tastes, and chosta 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 business is easy. The political education of the people has long been complete ; say rather that it was complete when the people first set foot upon the soil. In New England no tradition exists of a distinction of ranks ; no portion of the community is tempted to oppress the remainder ; and the abuses which may injure isolated indi- viduals are forgotten in the general contentment which pre- vails. If the government is defective (and it would no doubt be easy to point out its deficiencies), the fact that it really emanates from those it governs, and that it acts, either ill or well, casts the protecting spell of a parental pride over its faults. No term of comparison disturbs the satisfaction of the citizen : England formerly governed the mass of the colonies, but the people was always sovereign in the township where its rule is noo only an ancient but a primitive state. The native of New England is attached to his township because it is independent and free : his co-operation in its aflfairs 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 TOWNSHIPS AND MUNICIPAL BODIES, 65 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 clear practical notions on the nature of his duties and the extent of his rights. THE COUNTIES OF NEW iSNGLAND. The division of the counties in America has considerable analogy with that of the arrondissements of France. The limits of the counties are arbitrarily laid down, and the various districts which they contain have no necessary con- nection, 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 sheriff to execute its decrees, and a prison for criminals. There are certain wants which are felt alike by all the townships of a county ; it is therefore natural that they should be satisfied by a central authority. In the State of Massachusetts this authority is vested in the hands of several magistrates, who are appointed by the Governor of the State, with the advice* 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 indirectly represents the county. It has therefore, properly speaking, no political existence. A twofold tendency may be discerned in the American constitutions, which impels the legislator to centralize the legislative and to disperse the executive power. The town- ship of New England has in itself an indestructible element of independence; and this distinct existence could only be ^ See the Act of February 14, 1821, Laws of Massachusetts, vol. i. p. 551. " See the Act of Februaiy 20, 1819, Laws of Massachusetts, vol. ii. p. 494. •'' The council of the Goyerni)r is an elective body. VOL. I. F 66 DEMOCRACY IN AMERICA, fictitiously introduced into the county, where its utility has not been felt. But all the townships united have but one reprei^entation, which is the State, the centre of lional authority: beyond the action of the township u,«^ that of the nation, nothing can be said to exist but the influence of individual exertion. ADMINISTRATION IN NEW ENGLAND. Administration not perceived in America — Why? — The Europeans believe that liberty is promoted by depriving the social authority of some of its rights ; the Americans, by dividing its exercise— Almost all the administration con- fined to the township, and divided amongst the town-officers — No trace of an administrative body to l)e perceived, either in the township or above it — The reason of this — How it happens that the administration of the State is uni- form — Who is empowered to enforce the obedience of the township and the county to the law— The introduction of judicial power into the administration — Consequence of the extension of the elective principle to all functionaries — The Justice of the Peace in New England — By whom appointed — County officer : ensures the administration of the townships —Court of Sessions — Its action — Right of inspection and indictment disseminated like the other administrative functions — Informers encouraged by the division of fines. 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 everything is in motion, the hand which gives the impulse to the social machine can nowhere be discovered. Neverthe- less, 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 com- munities are obliged to secure their existence by submitting to a certain dose of authority, 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 circum- stances. 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 stripping society of any of its rights, nor in paralysing its efforts, but in distributing the exercise of its privileges in various hands, and in multiplying TOWNSHIPS AND MUNICIPAL BODIES, 67 ■,y has it one tional tiat of Qce of ieve that li rights ; bion con- Etce of an 9 it— The be 18 uni- » and the nistration onaries — —County Sessions — the other nes. r in the (xovem- imerica, Ithough impulse gverthe- certain human 11 com- imitting a prey several orce of jupreme venting circum- what is 'reedom. uthority rights, exercise tiplying functionaries, to each of whom the degree of power necessary for him to perform his duty is entrusted. There may be nations whom this distribution of social powers might lead to anarchy ; but in itself it is not anarchical. The action of authority is indeed thus rendered less irresistible and less perilous, but it is not totally suppressed. 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 im- posed 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 oflBce might be powerful and the officer insignificant, and that the community should be at once regulated and free. In no country in the world does the law hold so absolute a language as in America, and in no country is the right of applying it vested in so many hands. The administrative power in the United States presents nothing either central or hierarchical in its constitution, which accounts for its passing unperceived* The power exists, but its representative is not to be 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 ^ See ' The Town-Officer,' especially at the words Selectmen, Assessobs, CoIi- LECTORs, Schools, Surveyors op Highways. I take one example in a thousand : the State prohibits travelling on the Su -.day ; the ty thing-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 electc.j tor the election of the Governor, and transmit the result of the ballot to the Secretary of the State. See Act of February 24, 1796: Id., vol. i. p. 483. p 2 68 DEMOCRACY JN AMERICA. necessities of the diiferent localities, and promulgate such enactments as concern the health of the community, and the peace as well as morality of the citizens/ Lastly, these municipal magistrates provide, of their own accord and without any delegated powers, for those unforeseen emer- gencies which frequently occur in society.^ It results from what we have said that in the State of Massachusetts the administrative authority is almost entirely restricted to the township,^ but that it is distributed among a great number of individuals. In the French commune there is properly but one official functionary, namely, the Maire; and in New England we have seen that there are nineteen. These nineteen functionaries do not in general depend upon one another. The law carefully prescribes a circle of action to each of these magistrates ; and within that circle they have an entire right to perform their functions independently of any other authority. Above the township scarcely any trace of a series of official dignitaries is to be found. It sometimes happens that the county officers alter .-a decision of the townships or town magistrates,* but in general the authorities of ihe cr mty have no right to inter- fere with the authorities of the township," except in such matters as concern the county. The magistrates of the township, as well as those of the county, are bound to communicate their acts to the central 1 Thus, for instance, the selectmen authorize the construction of drains, point out the proper sites for slaughter-houses and other trades which are a nuisance to the neignbourhood. See the Act of June 7, 1785 : Id., vol. i. p. 193. 2 The selectmen take measures for the security of the public in case of con- tagions diseases, conjointly with the justices of the peace. See Act of June 22, 1797, vol. i. p. 539. 3 I say almost, for there are various circumstances in the annals of a township which are regulated by the justice of the peace in his individual capacity, or by lihe 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. * Thus licenses are only granted to such persons as can produce a certificate of good conduct from the selectmen. If the selectmen refuse to give the certificate, the party may appeal to the justices assembled in the Court of Sessions, and they may grant the license. See Act of March 12, 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 23, 1786, vol. i. p. 254. * In Massachusetts the county magistrates are frequently called upon to investigate the acts of the town magistrates ; but it will be shown further on that this investigation is a consequence, not of their administrative, but of their judicial power. TOWNSHIPS AND MUNICIPAL BODIES. 69 government in a very small number of predetermined cases/ But the central government is not represented by an in- dividual whose business it is to publish police regulations and ordonnances enforcing the execution of the laws ; to keep up a regular commuication 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 govern- ment is conducted, and how is the compliance of the counties and their magistrates or the townships and their officers enforced ? In the States of New England the legislative authority embraces more subjects than it does in France ; the legislator penetrates to the very core of the administration ; the law descends to the most minute de- tails ; the same enactment prescribes the principle and the method of its application, and thus imposes a multitude of strict and rigorously defined obligations on the secondary functionaries of the State. The consequence of this is that if all the secondary functionaries of the administration conform to the law, society in all its branches proceeds with the greatest uniformity : the difficulty remains of compelling the secondary functionaries of the administration to con- form to the law. It may be affirmed that, in general, society has only two methods of enforcing the execution of the laws at its disposal : a discretionary power may be entrusted to a superior functionary of directing all the others, and of cashiering them in case of disobedience ; or the courts of justice may be authorized to inflict judicial penalties on the offender: but these two methods are not always available. 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 pro- moted. 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 * The town committees of schools are obliged to make an annual report to the Secretary of the State on the condition of the school. See Act of March 10, 1827, vol. Hi. p. 183. ■ . * 70 DEMOCRACY IN AMERICA. 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 be- stowing a reward. The communities therefore in which the secondary func- tionaries of the government are elected are perforce obliged to make great use of judicial penalties as a means of ad- ministration. This is not evident at first sight ; for those in power are apt to look upon the institution of elective functionaries as one concession, and the subjection of the 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. 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 will, sooner or later, either elude all control or be destroyed. The courts of justice are the only possible medium between the central power and the administrative bodies; they alone can compel the elected functionary to obey, without violating the rights of the elector. The extension of judicial power in the political world ought therefore to be in the exact ratio of the extension of elective offices : if these two institutions do not go hand in hand, the State must fall into anarchy or into fiubjection. It has always been remarked that habits of legal business do not render mf^VL apt to the exercise of administrative au- thority. 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 between the magistrate and the man of the world, between the civil officer and the judge. A justice of the peace is a well-informed citizen, though he is not necessarily versed in the knowledge of the laws. His office simply obliges him to execute the police regulations of society ; a task in which good sense and integrity are of more avail than legal science. The justice introduces into the ad- ministration a certain taste for established forms and pub- licity, which renders him a most unserviceable instrument of despotism; and, on the other hand, he is not blinded by TOWNSHIPS AND MUNICIPAL BODIES. 71 lusiness 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-country. The Governor of Massachusetts' appoints a certain nurr.bcr of justices of the peace in every county, whose functions kst seven years.* 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 personal share in public business ; they are sometimes entrusted with administra- tive functions in conjunction with elected officers,' they sometimes constitute a tribunal, before which the magis- trates summarily prosecute a refractory citizen, or the citi- zens 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 * 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 administrative di- vision. The Court of Sessions presides over that small number of affairs which, as they concern several townships, or all the townships of the county in common, cannot be entrusted to any one of them in particular.'' In all that ■ 1 We shall hereafter learn what a Governor is : I shall content myself with remarking in this place that he represents the executive power of the whole State. '^ See the Constitution of Massachusetts, Chap. II. soot. 1. §9; Chap. III. §3. 3 Thus, for example, a stranger arrives in a township from a country where a contagious disease prevails, and he falls ill. Two justices of the peace can, with the assent of the selectmen, order the sheriff of the county to I'emovo and tako oare of him. -Act of June 22, 1797, vol. i. p. 540. In general the justices interfere in all the important acts of the administration, and give them a semi-judicial chamcter. * I say the greater number, because certain administrative misdemeanours are brought before ordinary tribunals. If, for instance, a township refuses to make the necessary expenditure for its sciiools or to name a school-committee, it is liable to a heavy fine. IJut this penalty is pronounced by the Supreme Judicial Court or the Court of Common Pleas. See Act of March 10, 1827, Laws of Ma-ssachusotts, vol. iii. p. 190. Or when a township neglects to provide the necessary war-stores. -Act of February 21, 1822 : /d., vol. ii. p. C70. " In their individual capacity the justices of the peace tako a part in the business of the counties and townships. 8 These affairs may bo brought under tho following heads : — 1. The erection of prisons and courts of justice. 2. Tho county budget, which is afterwards 72 DEMOCRACY IN AMERICA. concerns 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 ad- ministration 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 au- thority 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 CDudemns it to a heavy penalty.'* 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 Grovernment is mys- teriously concealed under the forms of a judicial sentence ; and its influence is at the same time fortified by that irre- sistible 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 accurately defined ; they consist in a simple fact with- out any complication, or in a principle without its applica- tion in detail.' But the difficulty increases wheii 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 : voted by the State. 3. The disrribution of the taxes bo voted. 4. Grants of certain patents, 5. The laying down and repairs of the country roads. 1 Thus, when a road is under consideration, almost all dilficulties are disposed of by the aid of the jury. a See Act of 20th February, 1786, Laws of Massachusetts, vol. i. p. 217. 3 There is an indirect metnod of enforcing the obedience of a township. Sup- pose that the funds which the law demands for the maintenance of the roads have not been voted, the town surveyor is then authorised, ex officio, to levy the sup- plies. As he is personally responsible to private individuals for the state of the romls, and indictable before the Court of Sessions, he is sure to employ the extra- ordinary right which the law gives him against the township. Thus by threaten- ing the officer the Court of Sessions exacts compliance from the town. See Act of 5th March, 1787 : U., vol. i. p. 305. , TOWNSHIPS AND MUNICIPAL BODIES. 73 li. 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 tovn-elections, they may be condemned to pay a fine f 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 interfer- ence. The Court of Sessions, 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-authorities, it cannot remove functionaries whom it does not appoint. Moreover, a perpetual investigation would be necessary to convict 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 justice cannot impose upon public officers lies in the possi- bility of their arbitrary removal. In France this security" is sought for in powers exercised by the heads of the ad- ministration ; in America it is sought for in the principle of election. Thus, to recapitulate in a few words what I have been showing : If a public officer in New England commits a crime in the exercise of his functions, the ordinary courts of justice are always called upon to pass sentence upon him. If he commits a fault in his official capacity, a purely ad- ministrative tribunal is empowered to punish him ; and, if the affair 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 tri- bunal from which there is no appeal, which can at once * Laws of Massachusetts, vol. ii. p. 45. ^ If, for instance, a township persists in refusing to name its assessors, the Court of Sessions nominates them ; and the magistrates thus appointed are in- vested with the same authority as elected officers. See the Act quoted above, 20th Feb. 1787. n DEMOCRACY IN AMERICA. redace him to insigDificance 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 in- spection 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,^ and it may readily be perceived tb it 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 town- ship would have been to centre in his person the most for- midable of powers, that of a judicial administration. More- over, laws are the children of habit, and nothing of the kind exists in the legislation of England. The Americans have therefore divided the offices of inspection and of pro- secution, as well as all the other functions of the adminis- tration. Grand-jurors are bound by the law to apprise the court to which they belong of all the misdemeanours which may have been committed in their county." There are certain great offences which are officially prosecuted by the States;^ 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 of- fences as fall under his not-ice. But a more special appeal is made by American legislation to the private interest of the citizen ;* and this great principle is constantly to be ^ I say the Court or Sessions, because in common courts there is a mi.jistrato ■who exercises some of the functions of a public prosecutor. " The grand-jurors are, for instance, bound to inform the court of the bad state of the roads. — Livws of Massachusetts, vol. i. p. 308. 3 If, for instance, the trea.urur of the county holds back his accounts. — Laws of Massachusetts, vol. i. p. 4()6. * 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. TOWNSHIPS AND MUNICIPAL BODIES. 75 met with in studying the laws of the United States. Ame- rican legislators are more apt to give men credit for intelli- gence than for honesty, and they rely not a little on per- sonal cupidity for the execution of the laws. When an individual is really and sensibly injured by an administra- tive abuse, it is natural that his personal interest should induce him to prosecute. But if a legal formality be re- quired, which, however advantageous to the community, is of small importance to individuals, plaintiifs may be less easily found ; and thus, by a tacit agreement, the laws may fall into disuse. Keduced by their system to this extremity, the Americans are obliged to encourage informers by be- stowing on them a portion of the penalty in certain cases,* and to ensure 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 Government. GENERAL REMARKS ON THE ADMINISTRATION OF THE UNITED STATES. Differences of the States of the Union in their system of administration — Activity and perfection of the local authorities decrease towards the South — Power of the magistrate increases ; that of the elector diminishes — Administration passes from the township to the country — 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 Eng- land in detail, I should take a general view of the re- mainder of the Union. Townships and a local activity 1 In cases of invasion or insurrection, if the town-officers neglect to furnish the necessary stores and ammunition for the militia, the township may be condemned to a fine of from 200 to 500 dollars. It may readily be imagined that in such a case it miglit happen that no one cared to prosecute ; hence the law adds tliat all the citizens may indict offences of this kind, and that half the fine shall belong to the plaintiff. See Act of 6th March, 1810, vol. ii. p. 236. The same clause is frequently to be met with in the Laws of Massachusetts. Not only are private individuals thus incited to prosecute the public officers, but the public officers are encouraged in the same manner to bring the disobedience of private individuals to justice. If a citizen refuses to perform the work which has been assigned to him upon a road, the road-surveyor may prosecute him, and he receives half the penalty for himself. See the Laws above quoted, vol. i. p. 308. 76 DEMOCRACY IN AMERICA. 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 descend 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 i\\e 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 commu- nities is less awakened and less influential.^ These differ- ences 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 north-west. The majority of the emigrants who settle in the north- western States are natives of New England, and they carry the habits of their mother-country with them into that which they adopt. A township in Ohio is by no means dissimilar from a township in Massachusetts. "We have seen that in Massachusetts the mainspring of public administration lies in the township. It forms the common centre of the intci^ests and affections of the citizens. But this ceases to be the case as we descend to States in which knowledge is less generally diffused, and where the township consequently offers fewer guarantees of a wise and active administration. As we leave New England, therefore} we find that the importance of the town is gpra- dually transferred to the county, which becomes the centre of administration, and the intermediate power between the Government and the citizen. In Massachusetts the busi- ness of the county is conducted by the Court of Sessions, which is composed of a quorum named by the Governor and his council ; but the county has no representative assembly, and its expenditure is voted by the National legislature. In the great State of New York, on the con-. * For details see the Revised Statutes of the State of New York, part i, chap. xi. vol. i. pp. 3t36-364, entitled, ' Of the Powers, Duties, and Privileges of Towns.' See in the Digest of the Laws of Pennsylvania, the words Assbssoks, Col- LECTOK, Constables, Overseer op tub Poor, Supervisors of Highways ; and in the Acts of a general nature of the State of Ohio, the Act of the 25th of February, 1834, relating to townships, p. 412; besides the peculiar dispositions relating to divers town-officers, such as Township's Clerk, Trustees, Overseers of the Poor, Fence Viewers, Appraisers of Property,TownBhip'8 Treasurer, Constables, Supervisors of Highways. . . TOWNS H.rS AND MUNICIPAL BODIES. 17 trary, and in those of Ohio and Pennsylvania, the inhabit- ants of each county choose a certain number of represen- tatives, who constitute the assembly of the county/ 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 ad- ministration 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 differences in the executive details of the several communities. But what I have already said may suffice to show the general principles on which the administration of the United States rests. These principles are differently applied; their consequences are more or less numerous in various localities; but they are always substantially the sams. The laws differ, and their outward features change, but their character does not vary. If the township and the county are not everywhere constituted in the same manner, it is at least true that in the United States the county and the township are always based upon the same principle, namely, that every one is the best judge of what concerns himself alone, and the 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 ad- ministration. 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 appointed for a certain period, it has been impossible to establish the rules of a dependent series of authorities; there are almost as many independent functionaries as there ^ See the Revised Statutes of the State of New York, part i. chap. xi. vol. i. p. 3'40 : Id. chap. xii. p. 366 ; also in the Acts of the State of Ohio, ao act relating to county commissioners, 26th February, 1824, p. 263. See the Digest of the Laws of Pennsylvania, at the words County-rates and Lxviks, p. 170. In the State of New York each township elects a representative, who has a share in the administration of the county as well as in that of the township. 7« DEMOCRACY IN AMERICA, are functions, and tho executive power ia disgominuted in Ji nmltitude of hnndfl. Hence arose the indispenHablo neces- sity of introducing tho control of the courts of justice over the adnunistrution, and the system of }>ocuniary 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 punish- ing the misconduct, of public officers, or of performing the Eart of the executive in urgent cases, has not, however,, een bestowed on the same judges in all the States. The Anglo-Americans derived the institution of justices of the peace from a connnon source ; but although it exists in all the States, it is not always turned to the same use. The justices of the peace everywhere participate in the admin- istration of the townships and the counties,' either as public officers or as the judges of public misdemeanours, but in most of the States tho more important classes of public otiences 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 introduction of a judicial control over tlie secondary branches of the administration, are the universal charac- teristics of tlie American system from Maine to the Flo- ridas. 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." > In somo of tho Southern Statos tho county courts aro chargoil with all tlio details of tho mhninistrat ion. Soo tho Statutes of tlio State of Tonnessoo, avU. Jui>iriAKV, Taxks, i&O. ■■' I'or instani'o, tho ilirootion of public instruction contros in tho hands of tho GovornnuMit. Tho logishituro names tho monibors of tho University, who aro denominated Rogonts ; tho Governor and Lieutenant-Governor of tho St«vto aro necessarily of tho number.- llevised Statutes, vol. i. p. 4')5. Tho Kegonts of tho University annually visit the colleges and acadoniios, and nuiko tlioir report to tho legislature. Their superintoudoiico is not inefficient, f n* isovenil reasons : tho colleges in order to beeonio corporations stand in nocil of a charter, which is only gninted on tho recommendation of tlio Kegonts ; every year funds ai'o distributed by the State for tho encouragement of learning, anvl tho Kegonts aro the distribu- toi-s of tliis money. Soo Chap. xv. ' Public Instruction,' Kovisod Statutes, vol. i. p. 45;"). Tho school-commissioners aro obliged to send an annual report to the Superin- tendent of the Kepubli,?. — Id. p. 488. A similar report is annually made to tho same person on tho number and con- dition of the poor. — Id. p. G31. TOWNSHIPS AND MUNICIPAL HOD IKS, 79 id in 11 neces- •e over naltifjs, vea are I from punisb- ng the owever, J. The of the \ in all }. The admin- her as an ours, isses of >rdinary lity of rs, and condary 1 charac- FIo- vanced ration )rk the cases, h all tho jsoe, artx. ids of tho who are 3tato arc ts of tho ort to tho ons ; tho 1 is only atributud distribu- os, vol. i. Suporiu- and con- At other times they constitute a court of appeal for the decision of aflfairs.' In the State of New Y'ork judicial penalties ore 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 ten- dency is faintly observable in some other States;" but in general the prominent feature of the administration in the United States is its excessive local independence. OF THE STATK. I have described the townships and the administration ; it now remains for me to speak of the State and the Govern- ment. This is ground I may pass over rapidly, without fear of being misunderstood ; for all I have to say is to be found in written forms of the various constitutions, which are easily to be procured. 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 endeavour afterwards to pass judg- ment upon what I now describe. * If any ono concoivos himHolf to bo wronged by thoHchool-coramissioncrs (who are town-offioors), lie can appeal to tho suporintondont of tho primary Hcbools, whoso decision is final.— Revised Statutes, vol. i. p. 487. Provisions similar to those above cited are to bo mot with from time to time in tho laws of tho State of Now York ; but in general these attempts at centrali- zation are weak and unproductive. The great authorities of tho State have tho right of watching and controlling tho subordinate agents, without that of reward- ing or punishing them. Tho same individual is never empowered to give an order and to punish disobedience ; ho has therefore tho right of commanding, •without tho means of exacting compliance. J n 1830 tho Supor'ntendent of Schools com- plained in his Annual Report addressed to the legislaturo that several school- commissioners had neglected, notwithstanding his application, to furnish him with the accounts which were duo. Ho added that if this omission continued ho should be obliged to pi'osocuto them, as the law directs, before tho proper tribunals. 2 Thus tho district-attorney is directed to recover all fines below the sum of fifty dolliirs, unless such a rigiit has been specially awarded to another magistrate. — Revised Statutes, vol. i. p. 383. ' Several ^''kcos of centralization may bo discovered in Massachusetts; for in- stance, the CO .ittees of the town-schools are directed to make an annual r'^novt to tho Secretary oi State. See Laws of Massachusetts, vol. i. p. 367. 6o DEMOCRACY IN AMERICA. I H- LEGISLATIVE POWER OF THE STATE. Divibion of the Legislative Body into two Houses — Senate — House of Represen- tatives—Different functions of these two Bodies. The legislative power of the State is vested in two assem- blies, the first of which generally bears the name of the Senate. The Senate is commonly a legislative body ; but it sometimes becomes an executive and judicial one. It takes a part in the government in several ways, according to the constitution of the different States ;^ but it is in the nomi- nation of public functionaries that it most commonly assumes an executive power. It partakes of judicial power in the trial of certain political offences, and sometimes also in the decision of certain civil cases.^ The number of its members is always small. The other branch of the legislature, which is usually called the House of Kepresentatives, has no share whatever in the administration, and only takes a part in the judicial power inasmuch as it impeaches public functionaries before the Senate. 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 foi which the Senate is chosen is in general longer than that of the House of Eepresentatives. 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 several years, and being renewed seriatim, the law takes care to preserve in the legislative body a nucleus of men already accustomed to public business, . and capable of .exercising a salutary influence upon the junior members. The Americans, plainly, did not desire, by this separation of the legislative body into two branches, to make one house hereditary and the other elective ; one aristocratic and the other democratic. It was not their object to create in the one a bulwark to power, 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 1 In Massachusetts the Senate is not invested with any administrative functions. ^ As in the State of New York. t C s f tl TOWNSHIPS AND MUNICIPAL BODIES. 8i \ \ apresen- assem- of the but it i takes to the J nomi- issumes in the in the lembers , which share in the ionaries ises are election. le same them is, general e latter usually ^ors the [renewed lislative tusiness, junior [)aration le house md the in the Ued the Vantages United md the linistrative consequent chrck upon political assemblies ; with the creation of a tribunal of appeal for the revision of the laws. Time and experience, however, have convinced the Americans that if these are its only advantages, the division of the legislative power is still a principle of the greatest necessity. Pennsylvania was the only one of the United States which at first attempted to establish a single House of Assembly, and BVanklin himself was so far carried away by the necessary consequences of the principle of the sove- reignty of the people as to have concurred in the measure; but the Pennsylvanians were soon obliged to change the law, and to create two Houses. Thus the principle of the division of the legislative power was finally established, and its necessity may henceforward be regarded as a demonstrated truth. This theory, which was nearly unknown to the re- publics of antiquity — which was introduced into the world almost by accident, like so many other great truths — and misunderstood by several modern nations, is at length become an axiom in the political science of the present age. THE EXECUTIVE POWER OF THE STATE. Office of Governor in an American State— The place he occupies in relatioa to the Legislature — His rights and his duties — His dependence on the people. The executive power of the State may with truth be said tc/ be represented by the Governor, although he enjoys but a portion of its rights. The supreme magistrate, under the title of (governor, is the official moderator and counsellor of the legislature. He is armed with a veto or suspensive power, which allows him to stop, or at least to retard, its. movements at pleasure. He lays the wants of the country before the legislative body, and points out the means which he thinks may be usefully employed in providing for them ; he is the natural executor of its decrees in all the under- takings which interest the nation at large.^ In the absence of the legislature, the Governor is bound to take all neces- sary steps to guard the State against violent shocks and un- foreseen dangers. The whole military power of the State is 1 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. VOL. I. G 82 DEMOCRACY IN AMERICA. at the disposal of the Governor. He \i the commander of the militia, and head of the armed force. When the autho- rity, which is by general consent awarded to the laws, is disregarded, the Governor puts himself at the head of the armed force of the State, to quell resistance, and to restore order. Lastly, the Governor takes no share in the adminis- tration of townships and counties, except it be indirectly in the nomination 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 returned him. POLITICAL EFFECTS OF THE SYSTEM OF LOCAL ADMINIS- TRATION IN THE UNITED STATES. Necessary distinction between the ^enorHl centralization of G-overnment and the centralization of the local administmtion — Local adniinisti'ation not centralized in the United States : great general eentnilizjition of the Government — Some l)ad consequences resulting to the United States from the local administration . — Administrative advantages attending this order of things — The power which f conducts the Government is less regular, less enlightened, less learned, but much greater than in Europe - Political advantages of tliis order of things — In the United States the interests of the country are everywhere kept in view — : Support given to the Government l»y the community — Provincial institutions , more necessary in proportion as the social condition becomes more democratic — >Reason of this. •Centralization is become a word of general i^^ daily use, without any precise meaning being attached to it. Never- theless, there exist two distinct kinds of centralization, which it is necessary to discriminate with accuracy. Certain inte- rests are common to all parts of a nation, such as the enact- ment 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 inte- rests is centred in one place, or vested in the same persons, dt constitutes a central government. In like manner the power of directing partia^ or local interests, when brought together into one place, constitutes what may be termed a central administration. ^ In some of the States the justices of the peace are not elected by the Governor. ♦^ TOWNSHIPS AXD MUNICIPAL BODIES, «3 inder of e autho- laws, is I of the ) restore adminis- rectly in aiination 1 elected ars only ; nt upon DMIMS- tient and tho it centralized ment — Some iininistration power which od.but much ings — In the it iu view — institutions emocratic — [daily use, Never- lon, which Itain inte- |he enact- :s foreign parts of different ;ral inte- persons, Inner the brought ■ermed a ted by the Upon some points these two kinds of centralization co- alesce; but by classifying the objects which fall more parti- cularly within the province of each of them, they may easily be distinguished. It is evident that a central government acquires immense power when united to administrative cen- tralization. Thus combined, it accustoms men to set their own will habitually and completely aside; to submit, not only for once, or upon one point, but in every respect, and at all times. Not only, therefore, does this union of power subdue them compulsorily, but it affects 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 government than that which existed in France under Louis XIV. ; when the same individual was the author and the interpreter of the laws, .and the representative of France at home and abroad, he was justified in asserting that the State was identified with his person. Nevertheless, the administration was much less centralized under Louis XIV. than it is at the present day. In England the centralization of the government is car- ried to great perfection ; the State has the compact vigour of a man, and by the sole act of its will it puts immense engines in motion, and wields or collects the efforts of its authority. Indeed, I cannot conceive that a nation can enjoy a secure or prosperous existence without a powerful centralization of government. But I am of opinion that a central administration enervates the nations in which it exists by incessantly diminishing their public spirit. If such an administration succeeds in condensing at a given moment, on a given point, all the disposable resources of a people, it impairs at least the renewal of those resources. It may ensure a victory in the hour of strife, but it gradually relaxes the sinews of strength. It may contribute admirably to the transient greatness of a man, but it cannot insure 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 a 2 84 DEMOCRACY IN AMERICA. ii ^il ' ii to assent to the proposition, that the German empire was never able to bring all its powers into action. Bat 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, because there was no centralization of government. The same remark is ap- plicable 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 h.inds, and broken up in a thousand different ways ; the absence of a central government prevented the nations of Europe from advancing with energy in any straightforward course. We have shown that in the United States no central ad- ministration and no dependent series of public functionaries exist. Local authority has been carried to lengths which no European nation could endure without great inconvenience, and which has even produced some disadvantageous conse- quences in America. But in the United States the centrali- zation 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 legislative 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 mul- tiplied, lest they should be tempted to exceed their adminis- trative duties, and interfere with the Government. In America the legislature of each State is supreme ; nothing can impede its authority; neither privileges, nor local im- munities, 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, there- fort, 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 discontented minority; but as no minority has as yet been reduced to declare open war, the necessity of an army has ! I TOWNSHIPS AND MUNICIPAL BODIES. 85 lire was B reason ence to at great refusing common he mass was no is ap- jonfusion of local thousand ays; the ations of htforward jntral ad- ctionaries which no ivenience, )us conse- j centrali- i be easy it than it t only is only does it district )een mul- adminis- ent. In nothing local im- mpire of tms to be is, there- ion to it, ve of the refractory weakness lent. The imidate a yet been army has not been felt.^ The State usually employs the officers of the township or the county to deal with the citizens. Thus, for instance, in New England, the assessor fixes the rate of taxes ; the collector receives them ; the town -treasurer trans- mits the amount to the public treasury; and the disputes which may arise are brought before the ordinary courts of justice. This method of collecting taxes is slow as well as inconvenient, and it would prove a perpetual hindrance to a Government whose pecuniary demands were large. It is desirable that, in whatever materially affects its existence, the Grovernment should be served by officers of its own, appointed by itself, removable at pleasure, and accustomed to rapid methods of proceeding. But it will always be easy for the central government, organized as it is in America, to introduce new and more efficacious modes of action, pro- portioned to its wants. The absence of a central government will not, then, as has often been asserted, prove the destruction of the repub- lics of the New World ; far from supposing that the Ameri- can governments are not sufficiently centralized, I shall prove hereafter that they are too much so. The legislative bodies daily encroach upon the authority of the Government, and their tendency, like that of the French Convention, is to appropriate it entirely to themselves. Under these circum- stances the social power is constantly changing hands, because it is subordinate to the power of the people, which is too apt to forget the maxims of wisdom and of foresight in the con- sciousness of its strength : hence arises its danger ; and thus its vigour, and not its impotence, will probably be the cause of its ultimate destruction. The system of local administration produces several different effects in America. The Americans seem to me to have outstepped the limits of sound policy in isolating the administration of the Government ; for orde-, even in second- rate affairs is a matter of national importance." As the State 1 [The wiir of 1862 cruelly Itolied this stntoment, and in the course of tho struggle the North alone called two millions and a half of men to arms; but to the honour of the United States it must be added that, with the cessation of tho contest, this army disappeared as rapidly as it had been raised. — Translator's NUe.\ * The authority which represents the State ought not, I think, to waive the right of inspecting the local administration, even when it does not interfere more actively. Suppose, for instance, that an agent of the Government was stationed at some appointed spot in the county, to prosecute the misdemeanours of the town and county officers, would not a more uniform order be the result, without in 86 DEMOCRACY IN AMERICA. has no administrative functionaries of its own, stationed on different points of its territory, to whom it can give a com- mon 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 perceive his mistake till he has gone deeper into the subject. Certain undertakings are of importance to the whole State; but they cannot be put in execution, because there is no 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 maintain that the Government directs the affairs of each locality better than the citizens could do it for themselves ; this may be true when the central power is enlightened, and when the local districts are ignorant ; when it is as alert as they are slow; when it is accustomed to act, and they to obey. Indeed, it is evident that this double tendency must augment with the increase of centralization, and that the readiness of the one and the incapacity >{ the others must become more and more prominent. But I deny that such is the case when the people is as enlightened, as awake to its interests, and as accustomed to reflect on them, as the Ameri- cans are. I am persuaded, on the contrary, that in this case the collective strength of the citizens will always con- duce more efficaciously to the public welfare than the autho- rity of the Grovernraent. It is difficult to point out with certainty the means of arousing a sleeping population, and of giving it passions and knowledge which it does not possess ; it is, I am well aware, an arduous task to persuade men to busy themselves about their own affn irs ; and it would frequently be easier to interest them in the punctilios of court etiquette than in the repairs of their common dwelling. But whenever a central administration affects to supersede the persons most interested, I am inclined to suppose that it is either misled or desirous to mislead. However enlightened and however skilful a central power may be, it cannot of itself any way compromising tho independence of tho township ? Nothing of the kind, however, exists in America: there is nothing above the county-courts, which have, as it wore, only an incidental cognizance of tne offences they are meant to repress. TOWNSHIPS AND MUNICIPAL BODIES. 87 embrace all the details of the existence of a great nation. Such vigilance exceeds the poweis 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 last commands our regard, independently of the objects to which it is applied, like those devotees who worship the statue and forget the deity it represents. Centralization imparts without difficulty an admirable regularity to the routine of business ; provides for the details of the social police with sagacity ; represses the smallest disorder and the most petty misdemeanours ; maintains society in a statu quo alike secure from improvement and decline ; and perpetuates a drowsy precision in the conduct of affairs, which is hailed by the heads of the administration as a sign of perfect order and public tranquillity :^ in short, it excels more in prevention than in action. Its force deserts it when society is to be disturbed or accelerated in its course ; and if once the co- operation of private citizens is necessary to the furtherance of its measu.es, the secret of its impotence is disclosed. Even whilst it invokes their assistance, it is on the condition that they shall act exactly as much as the Grovernment 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 con- ditions 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 regu- lations which control the conduct of every inhabitant of * China appears to mo to present the most perfect instance of that species of well-being which a completely central administration may furnish to the nations among which it exists. Travellers assure us that the Chinese have peace without happiness, industry without improvement, stability without strength, and public oraer without public morality. The condition of society is always tolerable, never excellent. I am convinced that, when China is opened to European observation, it will be found to contain the most perfect model of a central administration which exists in the universe. • • 1 * 88 DEMOCRACY IN AMERICA. France is not unfrequently felt in the United States. Grross instances of social indifference and neglect are to be met with, and from time to time disgraceful blemishes are seen in complete contrast with the surrounding civilization. Useful undertakings which cannot succeed without per- petual attention and rigorous exactitude are very frequently abandoned in the end ; for in America, as well as in other countries, the people is subject to sudden impulses and momentary exertions. The European who is accustomed to find a functionary always at hand to interfere with all lie undertakes has some difficulty in accustoming himself to the complex mechanism of the administration of the townships. In general it may be affirmed that the lesser details of the police, which render life easy and comfort- able, are neglected in America ; but that the essential gua- rantees 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 authoritative than in Europe. In no country in the world do the citizens make such exertions for the common weal ; and I am acquainted with no people which has established schools as numerous and as effica- cious, places of public worship better suited to the wants of the inhabitants, or roads kept in better repair. Uni- formity or permanence of design, the minute arrangement of details,^ and the perfection of an ingenious administra- ^ A ■writer of talent, who, in 'he comparison which ho has drawn between the finances of France and those of tliu United States, has proved that ingenuity, can- not always supply the place of a knowledge of facts, very justly reproaches the Americans for the sort of confusion which exists in the accounts of the expendi- ture in the townships ; and after giving the model of a Departmental Budget in France, he adds : ' We are indebted to centralization, that admirable invention of a great man, for the uniform order and method which prevails alike in all the municipal budgets, from the largest town to the humblest commune.' Whatever may be my admiration of this result, when I see the communes of France, with their excellent system of accounts, plunged 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 labour, in those American townships whoso budgets are drawn up with small method and with still less unifoi'mity, I am struck by tho spectacle; for to my mind the end of a good government is to ensure the welfare of a people, and not to establish order and regularity in the midst of its misery and its distress. I am therefore led to suppcse that the prosperity of the American townships and the apparent confusion of their accounts, the distress of the French communes and the perfection of their budget, may be attributable to the same cause. At any rate I am suspicious of a benefit which is united to BO many evils, and I am not aver«3 to an evil which is compensated by so many benefits. TOWNSHIPS AND MUNICIPAL BODIES. 89 jetween the >y so many tion, 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 acci- dents 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 re- mote authority which they had never seen than by func- tionaries taken from the midst of them — admitting, for the sake of argument, that the country would be more secure, and the resources of society better employed, if the whole administration centred in a single arm — still the jpolitical advantages which the Americans derive from their system would induce me to prefer it to the contrary plan. It profits me but little, after all, that a vigilant authority should pro- tect the tranquillity of my pleasures 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 my life, and if it so monopolizes all the energy of existence that when it languishes everything languishes around it, that when it sleeps everything mast sleep, that when it dies the State itself must perish. In certain countries of Europe the natives consider H theiaselves as a kind of settlers, indifferent to the fate of the spot upon which they live. The greatest changes are effected without their concurrence and (unless chance may have apprised them of the event) without their knowledge ; nay more, the citizen is unconcerned as to the condition of his village, the police of his street, the repairs of the church or of the parsonage ; for he looks upon all these things as unconnected with himself, and as the property of a power- ful stranger whom be calls the Government. He has only a life-interest in these possessions, and he entertains no notions of ownership or of improvement. This want of interest in his own affairs goes so far that, if his own safety or that of his children is endangered, instead of try- ing to avert the peril, he will fold his arms, and wait till the nation comes to his assistance. This same individual, who has so completely sacrificed his own free will, has no natural propensity to obedience; he cowers, it is true, be- fore the pettiest officer; but he braves the law with the spirit of a conquered foe as soon as its superior force is re- 9>o DEMOCRACY JN AMERICA. ! :1 moved : his oscillations between servitude and licence are perpetual. When a nation has arrived at this state it must either change its customs and its laws or perish : the source of public virtue is dry, and, though it may con- tain subjects, the race of citizens is extinct. Such commu- nities 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 themselves : it is because the instinctive feeling of their country's claims still exists in their hearts ; and because an involuntary pride in the name it bears, or a vague reminiscence of its bygone fame, suffices to give them the impulse of self-pre- servation. Nor can the prodigious exertions made by tribes in the defence of a country to which they did not belong be adduced in favour of such a systeui ; for it will be "und 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 defended that Holy City of which they were all citizens. The Turkish tribes have never taken an active share in the conduct of the afFali's of society, but they accomplished stupendous enterprises as long as the victories of the Sultan were the triumphs of the Mahommedan faith. In the pre- sent age they are in rapid decay, because their religion is departing, and despotism only remains. Montesquieu, who attributed to absolute power an authority peculiar to itself, did it, as I conceive, an undeserved honour; 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 depend upon the free union of their inclinations; and patriotism and religion are the only two motives in the world which can permanently direct the whole of a body politic to one end. Laws cannot succeed in rekindling the ardour of an ex- tinguished faith, but men may be interested in the fate of their r , untry 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. / TOWNSHIPS AND MUNICIPAL BODIES. 91 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 effects of the local system that I most admire in America. In the United States the interests of the country are everywhere kept in view; they are an object of solicitude to the people of the whole Union, and every citizen is as warmly attached to them as if they were his own. He takes pride in the glory of his nation ; he boasts of 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 analogous to that which unites him to his family, and it is by a kind of egotism that he interests himself in the welfare of his country. The European generally submits to a public officer be- cause he represents a superior force ; but to an American he represents a right. In America it may be said that no one renders obedience to man, but to justice and to law. If the opinion which the citizen entertains of himself is exag- gerated, it is at least salutary; he unhesitatingly confides in his own powers, which appear to him to be all-sufficient. When a private individual meditates an undertaking, how- ever directly connected it may be with the welfare of society, he never thinks of soliciting the co-operation" of the Govern- ment, but he publishes his plan, offers to execute it himself, courts the assistance of other individuals, and struggles manfully against all obstacles. Undoubtedly he is 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 theii jealousy nor their hatred ; as its resources are limited, every one feels that he must not r^ly solely on its assistance. Thus, when the administration thinks fit to interfere, it is not abandoned to itself as in Europe ; the duties of the private citizens are not supposed to have lapsed because the State assists in their fulfilment, but every one is ready, on the contrary, to guide and to support it. This action of individual exertions, joined to that of the public authorities, frequently performs what the most energetic 93 DEMOCRACY IN AMERICA. \ \ central administration would be unable to execute. It would be easy to adduce several facts in proof of wbat I advance, but I had rather give only one, with which 1 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 cri- minal police 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. Nevertheless in no country does crime more rarely elude punishment. The reason is, that every one conceives himself to be interested in furnishing evidence of the act committed, and in stopping the delinquent. During my stay in the United States I 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 popu- lation is merely a spectator of the conflict ; in America he is looked upon as an enemy of the human race, and the whole of mankind is against him. I believe that provincial institutions are useful to all nations, but nowhere do they appear to me to be more in- dispensable than amongst a democratic people. In an aris- tocracy order can always be maintained in the midst of liberty, and as the rulers have a great deal to lose order is to them a first-rate consideration. In like manner an aristo- cracy protects the people from the excesses of despotism, because it always possesses an organised power ready to resist a despot. But a democracy without provincial insti- tutions 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 afforded to tyranny in a country where every private indi- vidual is impotent, and where the citizens are united by no common tie ? Those who dread the licence of the mob, and those who fear the rule of absolute power, ought alike to desire the progressive growth of provincial liberties. On the other hand, I am convinced that democratic nations are most exposed to fall beneath the yoke of a cen- tral administration, lor several reasons, amongst which is the ^ See Appendix, I. II I I TOWNSHIPS AND MUNICIPAL BODIES. 93 lore in- followiDg. The constant tendency of these nations is to con- centrate all the strength of the Government in the hands of the only power which directly represents the people, because beyond the people nothing is to be perceived but a mass of equal individuals confounded together. But when the same power is already in possession of all the attributes of the Government, it can scarcely refrain from penetrating into the details of the administration, and an opportunity of doing so is sure to present itself in the end, as was the case in France. In the French Revolution there were two im- pulses in opposite directions, which must never be con- founded — the one was favourable 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 Sove- reign 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 converted into instruments of oppression. The Eevolution 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. 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 labouring in the cause of despotism when they are defending that central administration which was one of the great in- novations of the Revolution?^ 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 ad- mirer of freedom. I have visited the two nations in which the pystem of provincial liberty has been most perfectly established, and I have listened to the opinions of different parties in those countries. In America I met with men who secretly as- pired 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 ^ See Appendix, K. 94 DEMOCRACY IN AMERICA. them. I have heard citizens attribute the power and pros- perity of their country to a multitude of reasons, but they all placed the advantages of local institutions in the foremost rank. Am I to suppose that when men who are naturally so divided on religious opinions and on political theories agree, on one point (and that one of which they have daily expe- rience), they are all in error ? The only nations which deny the utility of provincial liberties are those which have fewest of them ; in other words, those who are unacquainted with the institution are the only persons who pass a censure upon it. CHAPTER VI. JUDICIAL POWER IN THE UNITED STATES, AND ITS INFLUENCE . ON POLITICAL SOCIETY. The Anglo-Americans have retained the characteristics of judicial power Tfuich 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 de- claring the laws to be unconstitutional — How they use this right — Precautions taken by the legislator to prevent its abuse. I HAVE thought it essential to devote a separate chapter to the judicial authorities of the United States, lest their great political importance should be lessened in the reader's eyes by a merely incidental mention of them. Confederations have existed in other countries beside America, and republics have not been established 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 jiTrare that any nation of the globe has hitherto organised a judicial power on the principle now adopted by the Ameri- cans. The judicial organisation of the United States in the institution which a stranger has the greatest difficulty in understanding. He hears the authority of a judge invoked in the political occurrences of every day, and he naturally concludes that in the United States the judges are important political functionaries ; nevertheless, when he examines the nature of the tribunals, they offer nothing which is contrary to the usual habits and privileges of those bodies, and the magioLrates seem to him to interfera in public affairs of chance, but by a chance which recurs every day. JUDICIAL POWER IN THE UNITED STATES. 95 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 re- tained all the ordinary characteristics of judicial authority, and have carefully restricted its action to the ordinary circle of its functions. The first characteristic of judicial power in all nations is the duty of arbitration. But rights must be contested in order to warrant the interference of a tribunal ; and an action must be brought to obtain the decision of a judge. As long, therefore, as a law is uncontested, the judicial authority is not called upon to discuss it, and it may exist without being perceived. When a judge in a given case attacks a law re- lating to that case, he extends the circle of his customary duties, without however stepping beyond it; since he is in some measure obliged to decide upon the law in order to decide the case. But if he pronounces upon a law without resting upon a case, he clearly steps beyond his sphere, and invades that of the legislative authority. 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 principle, by pasL ng a judgment which tends to reject all the inferences from that principle, and consequently to annul it, he remains within the ordinary limits of his functions. But if he directly attacks a general principle without having a particular case in view, he leaves the circle in which all nations have agreed to confine his authority, he assumes a more important, and perhaps a more useful, influence than that of the magistrate, but he ceases to be a representative of the judicial power. The third characteristic of the judicial power is its in- ability to act unless it is appealed to, or until it has taken cognizance of an affair. This characteristic is less general than the other two; but, notwithstanding the exceptions, I think it may be regarded as essential. The judicial power is by its nature devoid of action ; it must be put in motion in order to produce a result. When it is called upon to repress a crime, it punishes the criminal; when a wrong is to be redressed, it is ready to redress it ; when an act requires interpretation, it is prepared to interpret it; but it does not 96 DEMOCRACY IN AMERICA. pursue criminals, hunt out wrongs, or examine into evidence of its own accord. A judicial functionary who should open proceedings, and usurp the censureship of the laws, would in some measure do violence to the passive nature of his authority. The Americans have retained these three distinguishing characteristics of the judicial power; an American judge can only pronounce a decision when litigation has arisen, he is only conversant with special cases, and he cannot act until the cause has been duly brought before the court. His position is therefore perfectly similar to that of the magis- trate of other nations ; and he is nevertheless invested with immense political power. If the sphere of his authority and his means of action are the same as those of other judges, it may be asked whence he derives a power which they do not possess. The cause of this difference lies in the simple fact that the Americans have acknowledged the right of the judges to found their decisions on the constitution rather* than on the laws. In other words, they have left them at liberty not to apply such laws as may appear to them to be unconstitutional. I am aware that a similar right has been claimed — but claimed in vain — by courts of justice in other countries ; but in America it is recognised by all the authorities; and not a party, nor so much as an individual, is found to contest it. This fact can only be explained by the principles of the American constitutions. In France the constitution is (or at least is supposed to be) immutable ; and the received theory is that no power has the right of changing any part of it. In England the Parliament has an acknowledged right to modify the constitution; as, therefore, the consti- tution may undergo perpetual changes, it does not in reality exist ; the Parliament is at once a legislative and a con- stituent assembly. The political theories of America are more simple and more rational. An American constitution is not supposed to be immutable as in France, nor is it sus- ceptible of modification by the ordinary powers of society as in England. It constitutes a detached whole, which, as it represents the determination of the whole people, is no less binding on the legislator than on the private citizen, but which may be altered by the will of the people in pre Jeter- mined cases, according to established rules. In America the constitution may therefore vary, but as long as it exists it JUDICIAL POWER IN THE UNITED STATES. 97 vidence Id open , would > of his ^uisbing a judge risen, he ict until ft. His 3 magis- ted with ority and udges, it they do le simple ht of the on rather them at lem to be imed— but tries; but and not contest es of the on is (or received any part lowiedged he consti- in reality fld a con- lerica are >nstitution is it sus- society as ich, as it is no less tizen, but prcJeter- nerica the exists it :o is the origin of all authority, and the sole vehicle of the pre- dominating force.^ It is easy to perceive in what manner these differences must act upon the position and the rights of the judicial bodies in the three countries I have cited. If in France the tribunals were authorised to disobey the laws on the ground of their being opposed to the constitution, the supreme power would in fact be placed in their hands, since they alone would have the right of interpreting a constitu- tion, the clauses of which can be modified by no authority. They would therefore take the place of the nation, and ex- ercise as absolute a sway over society as the inherent weak- ness of judicial power would allow them to do. Undoubtedly, as the French judges are incompetent to declare a law to be unconstitutional, the power of changing the constitution is indirectly given to the legislative body, since no legal barrier would oppose the alterations which it might prescribe. But it is better to grant the pcwer of changing the constitu- tion of the people to men who represent (however imper- fectly) the will of the people, than to men who represent no one but themselves. It would be still more unreasonable to invest the English judges with the right of resisting the decisions of the legis- lative body, since the Parliament which makes the laws also makes the constitution; and consequently a law emanating from the three powers of the State can in no case be uncon- stitutional. But neither of these ri^marks is applicable to America. In the United States the constitution governs the legis- lator as much as the private citizen ; as it is the first of laws it cannot be modified by a law, and it is therefore just that the tribunals should obey the constitution in preference to any law. This condition is essential to the power of the judicature, for to select that legal obligation by which he is most strictly bound is the natural right of every magistrate. ^ [The fifth article of the original Constitution of the United States provides the mode in which amendments of the Constitution may be made. Amendments must be proposed by two-thirds of both Houses of Congress, and ratified by the Legislatures of three-fourths of the several States. Fifteen amendments of the Constitution have been made at different times since 1789, the most important of which are the thirteenth, fourteenth, and fifteenth, framed and ratified after the Civil War. The original Constitution of the United States, followed by these fifteen amendments, is printed at the end of this edition. — Translator's Note, 1874.] VOL. I. H s I 98 DEMOCRACY IN AMERICA. 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 * f society, in whose name they are acting. In this case the State-motive clearly prevails over the motives of an individual. In America, where the nation can always reduce its magistrates to obedience by changing its constitution, no danger of this kind is to be feared. Upon this point, therefore, the political and the logical reasons agree, and the people as well as the judges preserve their privileges. Whenever a law which the judge holds to be unconstitu- tional is argued in a tribunal of the United States he may refuse to admit it as a rule ; this power is the only one which is peculiar to the American magistrate, but it gives rise to immense political influence. Few laws can escape the searching analysis 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 jiisi/icc \y\ the choice of parties, or by the necessity of the case, l^ut from the time that a judge has refused to apply any given ^aw in a case, that law loses a portion of its moral coge^^cy. The T>ersons to whose interests it is prejudicial learn that means exist of evading its autho- rity, and similar suits are multiplied, until it becomes power- less. 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 entrusted 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 pro- minent 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. JUDICIAL POWER IN THE UNITED STATES. 99 aws, and rround of gilt they lan their they are vails over he naticn changing )e feared, le logical s preserve mconstitu- BS he may one which ves rise to scape the length of al to some be brought , or by the 1 judge has aw loses a 3e interests r its autho- mes power- ;ed to: the iture must Americans e immense, linished by ig the laws B had been theoretical ttack or to lyed a pro- lampion or the hostile m a judge an obscure lealed from erest of an IcoUaterally. Moreover, although it is censured, it is not abolished; its moral force may be diminished, but its cogency is by no means suspended, and its final destruction can only be ac- complished by the reiterated attacks of judicial functionaries. It will readily be understood that by connecting the censor- ship 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 protected from wanton assailants, and from the daily aggres- sions of party-spirit. The errors of the legislator are ex- posed whenever their evil consequences are most felt, and it is always a positive and appreciable fact which serves as the basis of a prosecution. I am inclined to believe this practice of the American courts to be at once the most favourable to liberty as well as to public order. If the judge could only attack the legis- lator 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 laws would consequently be attacked when the power from which they emanate is weak, and obeyed when it is strong. That is to say, when it would be useful to respe )t 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 pre- cise duties which belong to his profession as a magistrate. It is true that upon this system the judicial censorship which is exercised by the courts of justice over the legisla- tion cannot extend to all laws indistinctly, inasmuch as some of them can never give rise to that exact species of con- testation 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 incom- plete, lest they should give it an efficacy which might in some cases prove dangerous. Within these lim;its the power vested in the American courts of justice of pronouncing a H 2 I ICO DEMOCRACY IN AMERICA. 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 func- tionaries before the ordinary tribe nals — How they use this right — Art. 75 of the French Constitution of the An VIII — The Americans and the English can- • not 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 functionaries before the ordinary tribunals, and that all the judges should have the power of punishing public oflfences. 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 govern- ment 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 con- trary, to have increased by this means that respect which is .due to the authorities, and at the same time to have ren- dered those who are in power more scrupulous of offending public opinion. I was struck by the small number of poli- tical' trials which occur in the United States, but I had no .difficulty in accounting for this circumstance. A lawsuit, 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 there- fore exist to induce an individual to prosecute a public officer, and public officers are careful not to furnish these grounds of complaint when they are afraid of being prose- cuted. 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 impeach- ment of the principal officers of State as a sufficient guaran- tee of their independence. But they hold that the right of minor prosecutions, which are within the reach of the whole community, is a better pledge of freedom than those great judicial actions which are rarely employed uatil it is too late. JUDICIAL POWER IN THE UNITED STATES. loi )Owerful anny of iblic func- -Art. 75 of ingUsh can- America ig public t all the offences. Iging the B violated fked upon )f govern- States by jnsible to the con- :, which is have ren- offending ;r of poli- I had no lawsuit, it and ex- man in a ion at law lust there- a public ish these ling prose- form of themselves k impeach- it guaran- le right of the whole Ihose great lis too late. In the Middle Ages, when it was very difficult to over- take 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 con- viction. In the year VIII of the French Eepublic a constitution was drawn up in which the following clause was introduced : * Art. 75. All the agents of the government below the rank of ministers can >nly be prosecuted for offences relating to their several functions by virtue of a decree of the Coneeil d'Etat ; in which case the prosecution takes place before the ordinary tribunals.' This clause survived the * Constitution de I'An VIII,' and it is still maintained in spite of the just complaints of the nation. I have always found the utmost difficulty in explaining its meaning to Englishmen or Americans. They were at once led to conclude that the Conseil d'Etat in France was a great tribunal, established in the centre of the kingdom, which excercised a preliminary and somewhat tyrannical jurisdiction in all political causes. But when I told them that the Conseil d'Etat was not a judicial body, in the common sense of the term, but an administrative council composed of men dependent on the Crown, so that the king, after having ordered one of his servants, called a Prefect, to commit an injustice, has the power of commanding another of his servants, called a Councillor of State, to prevent the former from being punished ; when I demonstrated to them that the citizen who 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 hap- pened before the Revolution that a Parliament issued a war- rant against a public officer who had committed an offence, and Fometimes the proceedings 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 forefathers, since we allow things to pass under the colour of justice and the sanction of the law which violence alone could impose upon them. I I(» DEMOCRACY IN AMERICA, CHAPTER VII. POLITICAL JURISDICTION IN THE UNITED STATES. Definition of political jurisdiction — What is understood by political j-u sdiction in France, in England, and in the United States — In Americ>> the political judge can only pass sentence on public officers — He more frequently passes a sentence of removal from office than a penalty — Political jurisdiction as it exists in the United States is, notwithstanding its mildness, and perhaps in consequence of that mildness, a most powerful instrument in the hands of the majority. 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 introduction of extraordinary forms of procedure ; the prince in whose name an oifender 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 suffi- •cient security. The only thing he has to fear is, that the external formalities of justice should be neglected, and that his authority should be dishonoured 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 tri- bunals as an absolute monarch, the judicial power has occa- sionally 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 exa- mine 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 Pairs ^ con- stitute the highest criminal court of their respective nations, and although they do not habitually try all political offences, they are competent to try them all. Another political b^dy enjoys the right of impeachment before the House of Lords : ^ [As it existed under the constitutional monarchy down to 1848.] POLITICAL JURISDICTION IN THE UNITED S TA TES. 103 the only diflference which exists between the two countries in this respect is, that in England the Commons may im- peach whomsoever they please before the Lords, whilst in France the Deputies can only employ this mode of prosecu- tion 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 delin- quents. In the United States, as well uA in Europe, one brai;^L of the legislature is authorised to impeach and another to judge: the House of Representatives arraigns the offender, and the Senate awards his sentence. But the Senate can only try such persons as are brought before it by the House of Representatives, and those persons must belong to the class of public functionaries. Thus the jurisdiction of the Senate is less extensive than that of the Peers of France, whilst the right of impeachment by the Representatives is more general than that of the Deputies. But the great difference which exists between Europe and America is, that in Europe political tribunals are empowered to inflict all the dispositions of the penal code, whilst 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 Representatives impeaches him, and the Senate degrades him ; he must then be tried by a jury, which alone can deprive him of his liberty or his life. This accurately illustrates the subject we are treating. The political juris- diction which is established by the laws c" Europe )?• in- tended to try great offenders, whatever may be their birth, their rank, or their powers in the State ; and to this end all the privileges of the courts of justice are temporarily extended to a great political assembly. The legislator is then transformed into the magistrate ; he is called upon to admit, to distinguish, and to punish the offence ; and as he exercises all the authority of a judge, the law restricts him to the observance of all the duties of that high office, and of all the formalities of justice. When a public functionary is impeached before an English or a French political tribunal, and is found guilty, the sentence deprives him ijpso facto of I04 DEMOCRACY IN AMERICA. his functions, and it may pronounce him to be incapable of resuming them or any others for the future. But in this case the political interdict is a consequence of the sentence, and not the sentence itself. In Europe the sentence of a political tribunal is to be regarded as a judicial verdict rather than as an administrative measure. In the United States the contrary takes place; and although the decision of the Senate is judicial in its form, since the Senators are bliged to comply with the practices and formalities of a court of justice; although it is judicial in respect to the motives on which it is founded, since the Senate is in general obliged to take an offence at common law as the basis of its sentence ; nevertheless the object of the pro- ceeding is purely administrative. If it had been the inten- tion of the American legislator to invest a political body with great judicial authority, its action would not have been limited to the circle of public functionaries, since the most dangerous enemies of the State may be in the possession of no functions at all ; and this is especially true in republics, where party in^uence 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 ofifences 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 entrusted is an imperfect one, and it can never reach the most dangerous oflfenders, 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 ob- tains 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 administrative measure sanctioned by the for- molities of a judicial decision. In this matter the Ameri- cans have created a mixed system; they have surrounded the act which removes a public functionary with the secu- rities of a political trial ; and they have deprived all political condemnations of their severest penalties. Every link of the system may easily be traced from this point; we at once perceive why the American constitutions subject all the civil / jrs, since POLITICAL JURISDICTION IN THE UNITED S TA TES. 105 functionaries to the jurisdiction of the Senate, whilst the military, whose crimes are nevertheless more formidable, are exempted from that tribunal. In the civil service none of the American functionaries can be said to be removable; the places which some of them occupy are inalienable, and the others are chosen for a term which cannot be shortened. It is therefore necessary to try them all in order to deprive them of their authority. But military officers are dependent on the chief magistrate of the State, who is himself a civil functionary, and the decision which condemns him is a blow upon them all. 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 tri- bunals, as they are constituted in Europe, are apt to violate the conservative principle of the balance of power in the State, and to threaten incessantly the lives and liberties of the subject. The same political jurisdiction in the United States is only indirectly hostile to the balance of power; it cannot menace the lives of the citizens, and it does not hover, as in Europe, over the heads of the community, since those only who have 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 ordinary means of conducting the government. In this respect it probably exercises more real influence on the social body in America than in Europe. We must not be misled by the apparent mildness of the American legislation in all that relates to political jurisdiction. It is to be ob- served, in the first place, that in the United States the tribunal which passes sentence is composed of the same elements, and subject to the same influences, as the body which impeaches the offender, and that this uniformity gives an almost irresistible impulse to the vindictive passions of parties. If political judges in the United States cannot inflict such heavy penalties as those of Europe, there is the less chance of their acquitting a prisoner; and the » ill io6 DEMOCRACY IN AMERICA. conviction, if it is less formidable, is more certain. The prin- cipal object of the political tribunals of Europe is to punish the offender; the purpose of those in America is to deprive him of his authority. A political condemnation in the United States may, therefore, be looked upon as a preventive mea- sure ; and there is no reason for restricting the judges to the exact definitions of criminal law. Nothing can be more alarm- ing than the excessive latitude with which political offences are described in the laws of America. Article II. Section iv. of the CoDfjtitution of the United States runs thus: — * The President, 7ice-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 criTnea and mis- demeanors.* 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 Constitution of Virginia declares that all the civil officers who shall have offended against the Statcj by maladministration, corruption, or other high crimes, may be impeached by the House of Delegates ; in some constitutions no ofifences are specified, in order to subject the public functionaries to an unlimited responsi- bility." But I will venture to affirm that it is precisely their mildness which renders the American laws most for- midable 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 constitute the penalty itself. The consequence is that in Europe political tribunals are in- vested 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 un- worthy to exercise that authority, to deprive him of it, and to leave him uninjured in life 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 those upon whom it is inflicted. Great criminals ' Chapter I. sect. ii. § 8. " See the Constitutions of Illinois, Maine, Connecticut, and Georgia. I THE FEDERAL CONSTITUTION. 107 may undoubtedly brave its intangible rigour, but ordinary offenders will dread it as a condemnation which destroys their position in the world, casts a blight upon their honour, and condemns them to a shameful inactivity worse than death. The influence exercised in the United States upon the progress of society by the jurisdiction of political bodies may not appear to be formidable, but it is only the more immense. It does not directly coerce the subject, but it renders the majority more abcolute 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 punishments the Americans seem to have eluded the worst consequences of legislative tyranny, rather than tyranny itself ; and I am not sure that political jurisdiction, as it is constituted in the United States, is not the most formidable 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.^ CHAPTER VIII. THE FEDERAL CONSTITUTION. I Hi^VE hitherto considered each State as a separate whole, and I have explained the different springs which the people sets in motion, and the different means of action which it employs. But all the States which I have considered as independent are forced to submit, in certain cases, to the supreme authority of the Union. The time is now come for ^ See Appendix N. _ ' [The impeachment of President Andrew Johnson in 1868— which was resorted 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 misdemeanours, and he was in fact honourably acquitted and reinstated in oflSce — is a striking confirmation of the ti-uth of this remark. — Translator' t> Note, 1874.] io8 DEMOCRACY IN AMERICA. me to examine separately the supremacy with which the Union has been invested, and to cast a rapid glance over the Federal Constitution. HISTORY OF THE FEDERAL CONSTITUTION. Origin of the first Union — Its \freakness— Congress appeals to the constituent authority-— Interval of two years between this appeal and the promulgation of the new Constitution. The thirteen colonies which simultaneously threw oflf the yoke of England towards the end of the last century pro- fessed, as I have already observed, the same religion, the same language, the same customs, and almost the same laws ; they were struggling against a common enemy ; and these reasons were sufficiently strong to unite them one to another, and to consolidate them into one nation. But as each of them had enjoyed a separate existence and a go- vernment 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 prompt- ing the Anglo-Americans to unite, the other to divide their strength. As long as the war with the mother-country lasted the principle of union was kept alive by necessity ; and although the laws which constituted it were defective, the common tie subsisted in spite of their imperfections.* But no sooner was peace concluded than the faults of the legislation became manifest, and the State seemed to be suddenly dissolved. Each colony became an independent republic, and assumed an absolute sovereignty. The federal government, condemned to impotence by its constitution, and no longer sustained by the presence of a common dan- ger, witnessed the outrages oflfered 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 1 See the articles of the first confederation formed in 1778. This constitution was not adopted by all the States until 1781. See also the analysis given of this constitution in ' The Federalist ' from No. 15 to No. 22, inclusive, and Story's • Commentaries on the Constitution of the United States,' pp. 8f-115. THE FEDERAL CONSTITUTION. 109 3h the krer the )n8tituent nulgation off the ry pro- on, the e same y ; and one to But as i a go- ;sts and led to a rbed the bance of prompt- de their ■country icessity ; efective, ections.^ of the to be pendent federal itution, Ion dan- e great aintain interest war of Institution i'en of this id Story's independence. It was already on th*^ verge of destruction, when it officially proclaimed its inability to conduct the government, and appealed to the constituent authority of the nation.^ If America ever approached (for however brief a time) that lofty pinnacle of glory to which the fancy of its inhabitants is wont to point, it was at the solemn moment at which the power of the nation abdicated, as it were, the empire of the land. All ages have furnished the spectacle of a people struggling with energy to win its independence ; and the efforts of the Americans in throwing off the English yoke have been considerably exaggerated. Separated from their enemies by three thousand miles of ocean, and backed by a powerfully ally, the success of the United States may be more justly attributed to their geographical position than to the valour of their armies or the patriotism of their citi- zens. It would be ridiculous to compare the American ^/ar to the wars of the French Kevolution, or the efforts of the Americans to those of the French when they were attacked by the whole of Europe, without credit and without allies, yet capable of opposing a twentieth part of their population 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 society to see a great people turn a calm and scrutinising eye upon itself, when apprised by the legisla- ture that the wheels of government 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 in- adequacy of the first constitution was discovered America possessed the double advantage of that calm which had succeeded the effervescence of the revolution, and of those great men who had led the revolution to a successful issue. The assembly which accepted the task of composing the second constitution was small i** but Greorge Washington was its President, and it contained the choicest talents and the noblest hearts which had ever appeared in the New World. This national commission, after long and mature deliberation, offered to tho acceptance of the people the body ^ Congress made this declaration on February 21, 1787. ^ It consisted of fifty-five members ; Washington, Madison, Hamilton, and the two Morrises were amongst the number. no DEMOCRACY IN AMERICA. 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 terminated when that of France began. 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 Government the exception. The first question which awaited the Americans was in- tricate, and by no means easy of solution : the object was so to divide the authority of the different States which com- posed the Union 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 to 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 governments was to enjoy, as to foresee all the incidents in the existence of a nation. The obligations and the claims of the Federal Govern- ment were simple and easily definable, because the Union had been formed with the express purpose of meeting the general exigencies of the people ; but the claims and obli- gations 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 carefully enumerated, and all that was not included amongst them was declared to constitute a part of the privileges of the several Govern- ments of the States. Thus the government of the States remained the rule, and that of the Confederation became the exception.'^ ^ It was not adopted by the legislative bodies, but representatives were elected by the people for this sole purpose ; and the new constitution was discussed at length in each of these assemblies. ^ See the Amendment to the Federal Constitution; 'Federalist,' No. 32; Story, p. 711 ; Kent's ' Commenteries,' vol. i. p. 364. It is to be observed that whenever the exclusive right of regulating certain matters is not reserved to Congress by the Constitution, the States may take up t s t s: i] P 3« I e: a] THE FEDERAL CONSTITUTION. Ill States Timent Lum of . when But as it was foreseen that, in practice, questions might arise as to the exact limits of this exceptional authority, and that it would be dangerous to submit these questions to the decision of the ordinary courts of justice, established in the States by the States themselves, a high Federal court was created,^ which was destined, amongst other functions, to maintain the balance of power which had been established by the Constitution between the two rival Governments." ates— The Kception. was in- , was so ih com- Inue to asperity, , should for the isible to icy, the was to ice of a Grovem- ^e Union ing the |nd obli- iplicated letrated of the lerated, eclared iGovern- States ime the are elected Iscussed at ' No. 32; ng certain [y take up PREROGATIVE OF THE FEDERAL GOVERNMENT. Power of declaring war, making peace, and levying general taxes vested in the Federal Government — What part of the internal policy of the country it may direct — The Government of the Union in some respects more central than the King's Government in the old French monarchy. The external relations of a people may be compared to those of private individuals, and they cannot be advanta- geously maintained without the agency of a single head of a Government. The exclusive right of making peace and war, of concluding treaties of commerce, of raising armies, the affair until it is brought before the National Assembly. For instance, Congress has the right of making a general law 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-couits, and may be said to belong more properly to jurisprudence. ^ The action of this court is indirect, as we shall hereafter show. 2 It is thus that ' The Federalist,' No. 45, explains the division of supremacy between the Union and the States : • The powers delegated by the Constitution to the Federal Government are few and deflnt J. Those which are to remain in the State Governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the internal order and prosperity of the State. ' I shall often have occasion to quote ' The Federalist * in this work. When the bill which has since become the Constitution of the United States was submitted to the approval of the people, and the discussions were still pending, three men, who had already acquired a portion of that celebrity which they have since enjoyed — John Jay, Hamilton, and Madison — fonnedan association with the intention of explaining to the nation the advantages of the measure which was proposed. With this view they published a series of articles in the shape of a journal, which now form a complete treatise. They entitled their journal 'The Federalist,' a name which has been retained in the work. ' The Federalist ' is an excellent book, which ought to be familar to the statesmen of all countries, although it especially concerns America. . 112 DEMOCRACY IN AMERICA, and equipping fleets, was granted to the Union.^ The ne- cessity of a national Grovernment was less imperiously felt in the conduct of the internal policy of society ; but there are certain general interests which can only be attended to with advantage by a general authority. The Union was invcL-ted with the power of controlling the monetary system, of direct- ing the post office, and of opening the great roads which were to establish a communication between the different parts of the country.** The independence of the Government of each State was formally recognised in its sphere ; never- theless, 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 ita engagements, it was endowed with an unlimited power of levying taxes.* In examining the balance of power as established by the I^t:;deral Constitution ; in remarking on the one hand the portion of sovereignty which has been reserved to the several States, and on the other the share of power which the Union has assumed, it is evident that the Federal legislators enter- tained the clearest and most accurate notions on the nature of the centralization of government. The United States form not only a republic, but a confederation; nevertheless the authority of the nation is more central than it was in several of the monarchies of Europe when the American Constitution was formed. Take, for instance, the two fol- lowing examples. Thirteen supreme courts of justice existed in France, * See Constitution, sect. 8 ; ' Federalist,' Nos. 41 and 42 ; Kent's * Com- mentaries,' vol. i. p. 207 ; Story, pp. 358-382 ; Ibid. pp. 409-426. ^ Several other privileges of the same kind exist, such as that which em- powers the Union to legislate ou bankruptcy, to grant patents, and other matters in which its intervention is clearly necessary. 3 Even in these cases its interference is indirect. The [Union interferes by means of the tribunals, as will be hereafter shown. * Federal Constitution, sect. 10, art. 1. ' Constitution, sects. 8, 9, and 10; 'Federalist,' Nos. 30-36, inclusive, and 41-44; Kent's ' Commentaries,' vol. i. pp. 207 and 381 ; Story, pp. 329 and 614. THE FEDERAL CONSTITUTION. "3 le ne- felt in re are ) with ive^ted direct- wbich ifferent rnment never- iterfere 'rmined sndence Thus, jislation jy were class of ecessary ■ulfil itB )ower of I by the and the i several le Union rs enter- nature States ertheless was in .merican two fol- France, Int's 'CoTn- which era™ Iher matters Iterferes by elusive, and B9 and 614. which, generally speaking, had the right of interpreting the law without appeal; and those provinces which were styled joays d*Etat8 were authorized to refuse their assent to an impost which had been levied by the sovereign who repre- sented 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 representatives of the nation is binding upon all the citizens. In these two essential points, therefore, the Union exercises more central authority than the French monarchy possessed, although the Union is only an assemblage of confederate republics. 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 sovereignty. In America the Congress alone has. the right of regulating the commercial relations of the States.. The government of the Confederation is therefore more cen-^ tralized 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 conse- . quently 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. LEGISLATIVE POWERS.^ Division of the Legislative Body into two branches— Difference in the manner of forming the two Houses— The principle of the independence of the States predominates in the formation of the Senate— The principl»of the sovereignty of the nation in the compcsition of the House of Representatives— Singular effects of the fact that a Constitution can only bo logical in the early stages of a nation. The plan which had been laid down beforehand for the Constitutions of the several States was followed, in many points, in the organization of the powers of the Union. The * [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.] VOL. L I 114 DEMOCRACY IN AMERICA. Federal legislature of the Union was composed of a Senate and a House of Eepresentatives. A spirit of conciliation prescribed the observance of distinct principles in the for- mation 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 in- terests had given rise to two opinions. It was the wish of one party to convert the Union into a league of independent States, or a sort of congress, at which the representatives of the several peoples would meet to discuss certain points of their common interests. The other party desired to unite the inhabitants of the American colonies into one sole nation, and to establish a Government which should act as the sole representative of the nation, as far as the limited sphere of its authority would permit. The practical consequences of these two theories were exceedingly different. 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 independence, 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 citi- zens of the Union should prescribe the law. Of course the lesser States could not subscribe to the application of this doctrine without, in fact, abdicating their existence in rela- tion to the sovereignty of the Confederation ; since they would have passed from the condition of a co-equal and co- legislative authority to that of an insignificant fraction of a great people. But if the former system would have invested them with an excessive authority, the latter would have annulled their influence altogether. Under these circum- stances the result was, that the strict rules of logic were evaded, as is flsually the case when interests are opposed to arguments. A middle course was hit upon by the legislators, which brought together by force two systems theoretically irreconcilable. The principle of the independence of the States prevailed in the formation of the Senate, and that of the sovereignty of the nation predominated in the composition of the House of Representatives. It was decided that each State should THE FEDERAL CONSTITUTION. I IS snate ation > for- that 1 the in- ish of indent ves of nts of unite aation, tie sole aere of ices of kblislied ority of 1 of the mall as joyment pting of United md the le citi- arse the of this in rela- ce they and co- ion of a invested Id have circum- ic were posed to islators, 'retically )revailed ^ereignty le House should send two senators to Congress, and a number of represen- tatives proportioned to its population.^ It results from this arrangement that the State of New York has at the present day forty representatives and only two senators ; the State of Delaware has two senators and only one representative; the State of Delaware is therefore equal to the State of New York in the Senate, whilst the latter has forty times the influence of the former in the House of Kepresentatives. Thus, if the minority of the nation preponderates in the Senate, it may paralyse the decisions of the majority repre- sented in the other House, which is contrary to the spirit of constitutional government. These facts show how rare and how difficult it is ra- tionally and logically to combine all the several parts of legislation. In the course of time different interests arise, and different principles are sanctioned by the same people; and when a general constitution is to be established, these interests and principles are so many natural obstacles to the rigorous application of any political system, with all its consequences. The early stages of national existence are the only periods at which it is possible to maintain the complete logic of legislation; and when we perceive a nation in the enjoyment of this advantage, before we hasten to conclude that it is wise, we should do well to remember that it is young. When the Federal Constitu- tion was formed, the interests oi independence for the sepa- rate 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. I Every ten years Congress fixes anew the number of representatives ■which each State is to furnish. The total number was 69 in 1789, and 240 in 1833. (See 'American Almanac,' 1834, p. 194.) The Constitution decided that there should not be more than 1 representative for evei*y 30,000 persons ; but no minimum was fixed on. The Congress has not thought fit to augment the number of representatives in proportion to the increase of population. The lirst Act which was passed on the subject (April 14, 1792: see 'Laws of the United States' by Story, vol. i. p. 235) decided that tliero should be 1 representative for every 33,000 inhabitants. The last Act, which was passed in 1832, fixes the proportion at 1 for 48,000. The population represented is composed of all the free men and of throe-fifths of the slaves. [The last Act of apportionment, passed February 2, 1872, fixes the representa- tion at 1 to 134,084 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 cour-3 lost the representatives which the new States have gained. — Translator's Note.] I i 1 ! :l !' ii6 DEMOCRACY IN AMERICA. It is, however, just to acknowledge that this part of the Constitution has not hitherto produced those evils which iL 'ght have been feared. All the States are young and contiguous ; their customs, their ideas, and their exigencies are not dissimilar ; and the differences which result from their size or inferiority do not suffice to set their interests at variance. The small States have consequently never been induced to league themselves together in the Senate to oppose the designs of the larger ones ; and indeed there is so irresistible an authority in the legitimate expression of the will of a people that the Senate could offer but a feeble opposition to the vote of the majority of the House of Ke- presentatives. It must not be forgotten, on the other hand, that it was not in the power of the American legislators to reduce to a single nation the people for whom they were making laws. The object of the Federal Constitution was not to destroy the independence of the States, but to restrain it. By acknowledging ilie real authority of these secondary com- munities (and it was impossible to deprive them of it), they disavowed beforehand the habitual use of constraint in enforcing the decisions of the majority. Upon this principle the introduction of the influence of the States into the mechanism of the Federal Government was by no means to be wondered at, since it only attested the existence of an acknowledged power, which was to be humoured and not forcibly checked. A FURTHER DIFFERENCE BETWEEN THE SENATE AND THE HOUSE OF REPBESENTATIVES- 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 l)rinciple which it represents, but also in the mode of its election, in the term for which it is chosen, and in the nature of its functions. The House of Kepresentatives is named by the people, the Senate by the legislators of each State ; tae former is directly elected, the latter is elected by an elected body; the term for which the representatives are chosen is only two years, that of the senators is six. The functions of the House of Representatives are purely legis- THE FEDERAL CONSTITUTION. "7 lative, 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 Eepresentatives submits to its decision. It also acts as the great executive council of the nation; the treaties which are concluded by the President must be ratified by the Senate, and the appointments he may make must be definitely approved by the same body.^ THE EXECUTIVii POVVER."^ Dependence of the President-He is elective and responsible — He is free to act in his own sphere undc" the inspection, but not under tho 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 majority of the people, and nevertheless sufficiently strong to a« t without restraint in its own sphere. It was indis- pensa,Dle 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 honour, his property, his liberty, and his life are the securities which the people has for the temperate use of his power. But in the exercise of his authority, he cannot be said to be perfectly independent ; the Senate takes cognizance of his relations with foreign powers, and of the distribution of public ap- pointments, 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 stability 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 administra- tion may inspire him with hopeful undertakings for the public good, and with the means of carrying them into exe- cution. The ^^rosident was made the sole representative of the executive power of the Union, and care was taken 1 See 'The Federalist,' Nos. 52-56, inclusive; Story, pp. 199-314; Con- stitution of the United States, sections 2 and 3. » See ' The Federalist,' Nos. 67-77 ; Constitution of the United States, art. 2 ; Story, p. 315, pp. 616-780 ; Kent's ' Commentaries,' p. 255. ii8 DEMOCRACY IN AMERICA. ■} not to render his decisions subordinate to the vote of a council — a dangerous measure, which tends at the same time to clog the action of the Grovernment and to diminish its responsibility. The Senate has the right of annulling certain acts of the President ; but it cannot compel him to take any steps, nor does it participate in the exercise of the executive power. The action of the legislature on the executive power may be direct; and we have just shown that the Americans carefully obviated this influence ; but it may, on the other hand, be indirect. Public assemblies which have the power of depriving an officer of state of his salary encroach upon his independence ; and as they are free to make the laws, it is to be feared lest they should gradually appropriate to themselves a portion of that authority which the Consti- tution had vested in his hands. This dependence of the executive power is one of the defects inherent in repub- lican constitutions. The Americans have not been able to counteract the tendency which legislative assemblies have to get possession of the government, but they have rendered this propensity less irresistible. The salary of the President is fixed, at the time of his entering upon office, for the whole period of his magistracy. The President is, moreover, provided with a suspensive veto, which allows him to oppose the passing of such laws as might destroy the portion of independence which the Constitution awards him. The struggle between the President and the legislature must al- ways be an unequal one, since the latter is certain of bear- ing down all resistance by persevering in its plans; but the suspensive veto forces it at least to reconsider the matter, and, if the motion be persisted in, it must then be backed by a majority of two-thirds of the whole house. The veto is, in fact, a sort of appeal to the people. The executive power, which, without this security, might have been secretly oppressed, adopts this means of pleading its cause and stating its motives. But if the legislature is certain of over- powering all resistance by persevering in its plans, I reply, that in the constitutions of all nations, of whatever kind they may be, a certain point exists at which the legislator is obliged to have recourse to the good sense and the virtue of his fellow-citizens. This point is more prominent and more discoverable in republics, whilst it is more remote and more carefully concealed in monarchies, but it always exists THE FEDERAL CONSTITUTION. 119 somewhere. There is no country in the world in which everything can be provided for by the laws, or in which political institutions can prove a substitute for common sense and public morality. DIFFERENCES BETWEEN THE POSITION OF THE PRESIDENT OF THE UNITED STATES AND THAT OF A CONSTITUTIONAL KING OF FRANCE. Executive power in *he Northern States as limited and as partial as the su- premacy which it represents— Executive power in France as universal as the supremacy it represents — The King a branch of the legislature — The Pre- sident the mere executor of the law — Other differences resulting from the duration of the two powers— The President checked in the exercise of the executive authority — The King independent in its exercise — Notwithstanding these discrepancies Franco is more akin to republic than the Union to a monarchy — Comparison of the number of public officers depending upon the executive power in the two countries. The executive power has so import it an influence on the destinies of nations that I am inclined to pause for an instant at this portion of my subject, in order more clearly to explain the part it sustains in America. In order to form an accurate idea of the position of the President of the United States, it may not be irrelevant to compare it to that of one of the constitutional kings of Europe. In this comparison I shall pay but little attention to the external signs of power, which are more apt to deceive the eye of the observer than to guide his researches. When a mon- archy is being gradually transformed into a republic, the executive power retains the titles, the honours, the etiquette,, and even the funds of royalty long after its authority has disappeared. The English, after having cut off the head of one king and expelled another from his throne, were ac- customed 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 demeanour of the sovereign is simple and unpretending, as if his authority was not yet paramount. When the emperors exercised an unlimited control over the fortunes and the lives of their fellow-citi- zens, it was customary to call them Csesar 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 ISO DEMOCRACY IN AMERICA. 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 is as limited aim the limits ; may be of the ng any ely ex- 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 prero- gatives, which he has no opportunity of exercising ; and those privileges which he can at present use are very cir- cumscribed. The laws allow him to possess a degree of in- fluence 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 controls, without modifying its constitution. If the laws had made it as feeble and as circumscribed as it is in the Union, its influence would very soon become still more pre- ponderant. WHY THE PRESIDENT OF THE UNITED STATES DOES NOT REQUIRE 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 opposed by the two other branches of the legislature. But several Presidents of the United States have been known to lose the majority in the legislative body without being obliged to abandon the supreme power, and without inflict- ing a serious evil upon society. I have heard this fact quoted as an instance of the independence and the power of the executive government in America: a moment's re- flection 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 constitutional King in Europe is not merely the executor of the law, but the execution of its provisions devolves so completely upon him that he has the power of paralysing its influence if it opposes his designs. He requires the 124 DEMOCRACY IN AMERICA. 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 he evade the obligation of enforcing it. His sincere and zealous co-cperation is no doubt useful, but it is not indispensable, in the carrying on of public affairs. All his important acts are directly or indirectly submitted to the legislature, and of his own free 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 prero- gative — This system possible in America because no powerful executive authority is required — What circumstances are favourable to the elective system— Why the election of the President does not cause a deviation from the principles of the Government — Intluence of the election of the President on secondary func- tionaries. The dangers of the system of election applied to the bead of the executive government of a great people have been sufficiently exemplified by experience and by history, and the remarks I am about to make refer to America alone. These dangers may be more or less formidable in proportion to the place which the executive power occupies, and to the importance it possesses in the State ; and they may vary according to the mode of election and the circumstances in which the electors are placed. The most weighty argu- ment against the election of a chief magistrate is, that it offers so splendid a lure to private ambition, and is so apt to inflame men in the pursuit of power, that when legitimate means are wanting force may not unfrequently seize what right denied. It is clear that the greater the privileges of the executive r\ ^ THE FEDERAL CONSTITUTION. 125 aw, but ,: these and the ^ are at iw from nforcing b useful, f public ndirectly Luthority and not sition to ^een the ecause a rica, this Uision is I the prero- ve authority stem- Why jrinciples of )ndary f unc- he head ave been ory, and ca alone, roportion id to the nay vary mstances ity argu- that it 80 apt to egitimate ;ize what executive authority are, the greater is the temptation; the more the ambition of the candidates is excited, the more warmly are their interests espoused by a throng of partisans who hope to share the power when their patron has won the prize. The dangers of the elective system increase, therefore, in the exact ratio of the influence exercised by the executive power in the affairs of State. The revolutions of Poland were not soibiy attributable to the elective system in general, but to the fa^t that the elected monarch was the sovereign of a powerful kingdom. Before we can discuss the absolute advantages of the elective system we must make preliminary inquiries as to whether the geographical position, the laws, the habits, the manners, and the opinions of the people amongst 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 represent 'ive 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 di- minish its prerogatives, and to accustom the people to liv^ without its protection. Nothing, however, is further irr> a the designs of the republicans of Europe than this course: as many of them owe their hatred of tyranny to the suflfer- ings which they have personally undergone, it is oppression, and not the extent of the executive power, which excites their hostility, and they attack the former without perceiving how nearly it is connected with the latter. Hitherto no citizen has shown any disposition to expose his honour and his life in order to become the President of the United States ; because the power of that office is tem- porary, limited, and subordinate. The prize of fortune must be great to encourage adventurers in so desperate a game. No candidate has as yet been able to arouse the dangerous enthusiasm or the passionate sympathies of the people in his favour, for the very simple reason that when he is at the head of the G-overnment he has but little power, but little wealth, and but little glory to share amongst his friends; ai*d his influence in the State is too small for the success or the ruin of a faction to depend upon the elevation of an individual to power. The great advantage of hereditary monarchies is, that as 126 DEMOCRACY IN AMERICA. the private interest of a family is always intimately con- nected with the interests of the State, the executive govern- ment is never suspended for a single instant; and if the affairs of a monarchy are not better conducted than those of a republic, at least there is always some one to conduct them, well or ill, according to his capacity. In elective States, on the contrary, the wheels of government cease to act, as it were, of their own accord at the approach of an election, and even for some time previous to that event. The laws may indeed accelerate the operation of the elec- tion, which may be conducted with such simplicity and rapidity that the seat of power will never be left vacant ; but, notwithstanding these precautions, a break necessarily occurs in the minds of the people. At the approach of an election the head of the executive government is wholly occupied by the coming struggle; his future plans are doubtful ; he can undertake nothing new, and he will only prosecute with indifference those designs which another will perhaps terminate. *I am so near the time of my retirement from office,' said President Jefferson on the 21st of January, 1809 (six weeks before the elec- tiori), * that I feel no passion, I take no part, I express no sentiment. It appears to me just to leave to my successor the commencement of those measures which he will have to prosecute, and lor 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 im- portant an event. The wider the influence of the executive power extends, the greater and the more necessary is its constant action, the more fatal is the term of suspense ; and a nation which is accustomed to the government, or, still more, one used to the administrative protection of a power- ful executive authority, would be infallibly convulsed by an election of this kind. In the United States the action of the Government may be slackened with impunity, because it is always weak and circumscribed.* One of the principal vices of the elective system is that it always introduces a certain degree of instability into the / ' [This, however, may bo a great danger. The period during which Mr.Buchiinan retained oflico, nt'ter the election of Mr. Lincoln, from November 1860 to March 1861, was that -which enabled the seceding States of the South to complete their preparationH for the civil war, and the Executive Government was paralysed. No greater evil could befall a nation.— Tramlator'a iWe.] THE FEDERAL CONSTITUTION. 127 y C01l~ govem- if the 1 those conduct elective jease to li of an ; event. tie elec- ;ity and vacant ; cessarily ixecutive gle; his ing new, designs \ near the Jefferson the elec- cpress no successor I have to ntred on )f 80 im- executive ry is its nse ; and or, still a power- fed by an action of because n ie that into the tir.liuchiinan 60 to March implete their iralysed. No internal and external policy of the State. But this disad- vantage is less sensibly felt if the share of power vested in the elected magistrate is small. In Home the principles of the Government underwent no variation, although the Con- suls were changed every year, because the Senate, which was an hereditary assembly, possessed the directing authority. If the elective system were adopted in Europe, the con- dition of most of the monarchical States would be changed at every new election. In America the President exercises a certain influence on State affairs, but he does not conduct them; the preponderating power is vested in the repre- sentatives of the whole nation. The political maxims of the country depend therefore on the mass of the people, not on the President alone ; and consequently in America the elective system has no very prejudicial influence on the fixed principles of the Government. But the want of fixed principles is an evil so inherent in the elective system that it is still extremely perceptible in the narrow sphere to which the authority of the President extends. The Americans have admitted that the head of the execu- tive 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 arrange- ment is, that at every new election the fate of all the Federal public officers is in suspense. Mr. Quincy Adams, on his entry into office, discharged the majority of the individuals who had been appointed by his predecessor: and I am not aware that General Jackson allowed a single removable functionary employed in the Federal service to retain his place beyond the first year which succeeded his election. It is so., otimes made a subject of complaint that in the constitutional monarchies of Europe the fate of the humbler servants of an Administration depends upon that of the ministers. But in elective Governments this evil is far greater. In a constitutional monarchy successive ministries are rapidly formed; but as the principal representative of the executive power does not change, the spirit of innova- tion is kept within bounds ; the changes which take place are in the details rather than in the principles of the ad- ministrative system ; bui. to substitute one system for an- other, as is done iu America every four years, by law, is to I m 128 DEMOCRACY IN AMERICA. 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 inde- pendent position in the United States that the public officer who loses his place may be deprived of the comforts of life, but not of the means of subsistence. I remarked at the beginning of this chapter that the dangers of the elective system applied to the head of the State are augmented or decreased by the peculiar circum- stances of the people which adopts it. However the func- tions 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 success- fully carried on otherwise than by a single agent. The more precarious and the more perilous the position of a people becomes, the more absolute is the want of a fixed and consistent external policy, and the more dangerous does the elective system of the chief magistrate become. The policy of the Americans in relation to the whole world is exceedingly simple ; 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 func- tions of the executive power are no less limited by circum- stances than by the laws ; and the President may frequently change his line of policy without involving the State in diffi- culty or destruction. Whatever the prerogatives of the executive power may be, the period which immediately precedes an election and the moment of its duration must always be considered as a national crisis, which is perilous in proportion to the internal embarrassments and the external dangers of the country. Few of the nations of Europe could escape the calamities of anarchy or of conquest every time they might have to elect a new sovereign. In America society is so constituted that it can stand without assistance upon its own basis ; nothing is to be feared from the pressure of external dangers, and the election of the President is a cause of agitation, but not of ruin. ( • 1. 1 THE FEDERAL CONSTITUTION. 129 which bate of bion of ices in 1 inde- ; officer of life, lat the of the circum- e func- t must lolicy of success- t. The 3n of a a fixed \ mgerous become. le world that no the co- is never le func- circuin- equently in diffi- rer may jion and ered as to the of the 3ape the sy might ty is so its own external cause of 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 re- sulting from so martial a mode of proceeding, besides the dangers of the elective system in itself. The Polish laws, which subjected the election of the sovereign to the veto 01 a single individual, suggested the murder of that individual, or prepared the way to anarchy. In the examination of the institutions and the political as well as social condition of the United States, we are struck by the admirable harmony of the gifts of fortune and the efforts of man. That nation possessed two of the main causes of internal peace ; it was a new country, but it was inhabited by a people grown old in the exercise of freedom. America had no hostile neighbours to dread ; and the American legis- lators, profiting by these favourable circumstances, created a weak and subordinate executive power which could without danger be made elective. It then only remained for them to choose the least dan- gerous of the various modes of election ; and the rules which they laid down upon this point admirably correspond to the securities which the physical and political constitution of the country already afibrded. Their object was to find the mode of election which would best express the choice of the people with the least pos. ble excitement and suspense. It was admitted in the first place that the simple majority should be decisive; but the ditticulty was to obtain this majority without an interval of delay which it was most important to avoid. It rarely happens that an individual can at once collect the majority of the suttragea .^f a great people ; and this difficulty is enhanced in u republic of confederate States, where local iufiuences are apt to preponderate. The means VOL. I. K m ■m li'i ■ -u T3C DLAiOCRACY IN AMERICA. by vfbiich it was proposed to obviate this second obstacle was to delegate the electoral powers of the nation to a body of representatives. This mode of election rendered a majority more probable ; for the fewer the electors are, the greater is the chance of their coming to a final decision. It also offered an additional probability of a judicious choice. It then remained to be decided whether this right of election was to be entrusted to a legislative body, the habitual re- presentative assembly of the nation, or whether an electoral assembly should be formed for the express purpose of pro- ceeding to the nomination of a President. The Americans chose the latter alterna ive, from a belief that the individuals who were returned to make the laws were incompetent to represent the wishes of the nation in the election of its chief magistrate ; and that, as they are chosen for more than a year, the constituency they represent might have changed its opinion in that time. It was thought that if the legislature was empowered to elect the head of the executive power, its members would, for some time before the election, be exposed to the manoeuvres of corruption and the tricks of intrigue; whereas the special electors would, like a jury, re- main 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 t . it had Vr n observed that the assemblies to which the choi>^e of a c'-.ef 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 uncertainty which resulted from them, were sometimes prolonged so much as to en- danger the welfare of the State, it was determined that the electors should all vote upon the same day, without being convoked to the same place.'^ This double election rendered a majority probable, thougii not certain ; for it was possible th.it as many differences might exist between the electors as between thei; constituents. In this case it was necessary to ^ As many as it sends raomboro to Congress. The nambor of electors at the election I' Vi vas ;'■<.'. (Soo ' 'L'ho National Calendar,' 1H"'1) • * Tlu S 1^1 A li 132 DEMOCRACY IN AMERICA, electors in the diflferent States. The House of Kepresenta- tives has only twice exercised its conditional privilege of deciding in cases of uncertainty: the first time was at the election of Mr. Jeflferson 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 crisis— 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 favoured the adoption of the elective system in the United States, and what precautions were taken by the legislators to ob- viate its dangers. The Americans are habitually accustomed to all kinds of elections, and they know by experience the utmost degree of excitement which is compatible with se- curity. The vast extent of the country and the dissemina- tion of the inhciDitants render a collision between parties less probable and less dangerous there than elsewhere. The po- litical circumstances under which 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 Presidents which is of small importance to each indivi- -dual citizen, concerns the citizens collectively; and however trifling an inierest raay be, it assumes a great degree of importance h., ?oon at< it becomes general. The President possesses but '"'^w meavs of rewarding his supporters in comparison to the k^ig^; of Europe, but the places which are at his disposal are outiiv^i ntly numerous to interest, directly or indirectly, sev«jral thousand electors in his success. Political par ies in the United States are led to rally round an indivi'aial, in order iKi acquire a more tangible shape in the eyes m X\\^ crowd, and the name of the candidate for the Presidency is put forward as the symbol and personifi- ^ [General Grant » uuw (1874) the eighteenth President of the United States.] . . II : THE FEDERAL CONSTITUTION, 133 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-engross- ing topic of discussion. The ardour of faction is redoubled; and all the artificial passions which the imagination can create in the bosom of a happy and peaceful land are agitated and brought to light. The President, on the other hand, is absorbed by the cares of self-defence. He no longer governs for the mterest of the State, but for that of his re- election ; he does homage to the majority, and instead of checking its passions, as hi.s 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 popu- lace increase ; the citizens are divided into hostile camps, each of which assumes the name of its favourite candidate ; the whole nation glows with feverish excitement ; the elec- tion 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 ardour is dispelled ; and as a calmer season returns, the current of the State, which hud 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 ro-olocted the chief aim of a Pi'esident of the United States — Disadvantage of the system peciil'ar to America— The natural evil of democracy is that it subordinates all au n .ity to the slightest desires of the majorir.y The re-election of the President en- courages 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 tirst sight contrary to all reason to prevent the head of the executive power from being elected ' [Not always. The election of President Lincoln was the signal of civil war.- Iranslator's Note. ] 131 DEMOCRACY IN AMERICA. a second time. Tae influence which the talents and the character of a single individual may exercise upon the fate of a whole peopl?, in critical circumstances or arduous times, is well known : a law preventing the re-election of the chief magistrate would deprive the citizens of the surest pledge of the prosperity and the security of the commonwealth ; and, by a singular inconsistency, a man would be excluded from the fTovernment at the vary time when he hud shown his ability in conducting its affairs. But if these arguments are strong, perhaps still more powerful reasons may be advanced against them. Intrigue and corruption are the natural defects of elective govern- ment ; 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 irfluence, is busied in the work of cor- ruption and cabal. The private citizen, who employs the most immorrl 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 com- bat, the cares of government dwindle into second-rate im- portance, and the success of his election is his first concern. All laws and all the negotiations he undertakes are to him nothing more than electioneering schemes ; places become the reward of services rendered, not to the nation, but to its chief; and the influence of the Government, if not injurious to the country, is at least no longer beneficial to the community for which it was created. It is impossible to consider the ordinary course of affairs in the United States without perceiving that the desire of being re-elected is the chief aim of the President ; that his whole administration, and even his most indifferent mea- sures, tend to this object ; and that, as the crisis approaches, his personal interest takes the place t)f his interest in the public good. The principle of re-eligibility renders the cor- rupt influence of elective governments still more extensive and pernicious. In America it exercises a peculiarly fatal influence on the THE FEDERAL CONSTITUTION. »35 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 encourages 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 anreasonable extension of the prerogative of the Crown ; and a measure tending to remove the con- stitutional provisions which counterbalance this influence would be radically 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 authority 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 legis- lators is, that they clearly discerned this truth, and that they had the courage to act up to it. They conceived that a cer- tain authority above the body of the people was necessary, which should enjoy a degree of independence, without, how- ever, being entirely beyond the popular control ; an authority which would be forced to comply with the permanent deter- minations of the majority, but which would be able to resist its caprices, and to refuse its most dangerous demands. To this end they centred the whole executive power of the nation in a single arm ; they granted extensive prerogatives to the President, and they armed him with the veto to resist the encroachments of the legislature. But by introducing the principle of re-election they partly destroyed their work ; and they rendered the President but little inclined to exert the great power they had vested in his hands. If ineligible a second time, the President would be far from independent of the people, for his respon- sibility would not be lessened ; but the favour of the people would not be so necessary to him as to induce him to court it by humouring 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 major- ity. He adopts its likings and its animosities, he hastens to 136 DEMOCRACY IN AMERICA. I anticipate its wishes, he forestalls its complaints, he yields to its idlest cravings, and instead of guiding it, as the legisla- ture intended that he should do, he is ever ready to follow its bidding. Thus, in order not to deprive the State of the talents of an individual, those talents have been rendered almost useless ; and to reserve an expedient for extraordinary perils, the country has been exposed to daily dangers. FEDERAL COURTS.' Political importance of the judiciary in the United States — DiflBculty of treating this subject — Utility of judicial power in confederations — What tribunals could be introduced into the Union — Necessity of establishing federal courts of justice — Organization of the national judiciary — The Supreme Court — In what it differs from all known tribunals. 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 in- fluence on the condition of the Anglo-Americans, and they occupy a prominent place amongst what are probably called po^'tical institutions: in this respect they are peculiarly deserving of our attention. But I am at a loss to explain the political action of the American tribunals without en- tering into some technical details 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 ^ See Chapter VI., entitled ' Judicial Power in the United States,' This chapter explains the general principles of the American theory of judicial institu- tions. See also 'The Federal Constitution,* Art. 3. See 'The Federalist,' Nos. 78-83, inclusive; and a work entitled 'Constitutional La^,' being a view of the practice and jurisdiction of the Courts of the United States, by Thomas Sergeant. See Story, pp. 134, 162, 489, 511, 581, 668; and ihe organic law of the 24th September, 1789, in the ' Collection of the Laws of the United States,' by Story, vol. 1. p. 53. THE FEDERAL CONSTITUTION. «37 to the Federal Grovernment, but to find out a method of enforcing its laws. Governments have in general but two means of overcoming the opposition of the people they govern, viz., the physical force which is at their own dis- posal, and the moral force which they derive from the de- cisions of the courts of justice. A Grovernment which should have no other means of exacting obedience than open war must be very near its ruin, for one of two alternatives would then probably occur : if its authority was small and its character temperate, it would not resort to violence till the last extremity, and it would connive at a number of partial acts of insubordination, in which case the State would gradually fall into anarchy ; if it was enterprising and powerful, it would perpetually have recourse to its physical strength, and would speedily degenerate into a military despotism. So that its activity would not be less prejudicial to the community than its in- action. The great end of justice is to substitute the notion of right for that of violence, and to place a legal barrier be- tween 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 suprisingly 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 intrc^uction of physical force exceedingly rare, and is very frequently substituted for it ; but if the latter proves to be indispensable, its power is doubled by the association of the idea of law. A Federal Government stands in greater need of the sup- port of judicial institutions than any other, because it is naturally weak and exposed to formidable opposition.' If it were always obliged to resort to violence in the first instance, it could not fulfil its task. The Union, therefore, required a national judiciary to enforce the obedience of the citizens to the laws, and to repel the attacks which might be directed against them. The question then remained as to what 1 Federal laws are those which most require courts of justice, and those at the same time which have most rarely established them. The reason is that confedera- tions have usually been formed by independent States, which entertained no real intention of obeying the central Government, and which very readily ceded the right of command to the federal executive, and very prudently reserved the right of non- compliance to themselves. ^f^y^-^ <^ y 0%. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 !s"^ I 2.5 1^ 1^ . ... tii I.I IIS u 11^ 2.0 i Hiotographic Sciences Corporation // <" \25 i£ ^ , 4 6" - ► ?3 WIST MAIN STikllT WnSTM.N.Y. i4SI0 (71«)I72-4S03 138 DEMOCRACY IN AMERICA. \\\ I tribunals were to exercise these privileges; were they to be entrusted to the courts of justice which were already or- ganized in every State ? or was it necessary to create federal courts? It may easily be proved that the Union could not adapt the judicial power of the States to its wants. The separation of the judiciary from the administrative power of the State no doubt affects the security of every citizen and the liberty of all. But it is no less important to the existence of the nation that these several powers should have the same origin, should follow the same principles, and act in the same sphere ; in a word, that they should be correlative and homo- geneous. 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 dependent on the national Government in a few points, and independent in all the rest ; which have all a distinct origin, maxims peculiar to themselves, and special means of carrying on their affairs. To 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 ad- vantage 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 tribunals of the States rendered them unfit for the ser- vice of the nation. When the Federal Constitution was formed there were already thirteen courts of justice in the United States which decided causes without appeal. That number is now increased to twenty-four. To suppose that a State can subsist when its fundamental laws may be sub- jected to four-and-twenty different interpretations at the same time is to advance a proposition alike contrary to rea- son and to experience. The American legislators therefore agreed to create a federal judiciary power to apply the laws of the Union, and to determine certain questions affecting general interests, / THE FEDERAL CONSTITUTION. 139 which were carefully determined beforehand. The entire judicial power cf 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 tates are prohibited from making ex post facto laws in criiiinal cases, and any person condemned by virtue of a law of this kind can appeal to the judicial power of the Union. The States are likewise prohibited from making laws which may have a tendency to impair the obligations of contracts.^ If a citizen thinks that an obligation of this kind is impaired by a law passed in his State, he may refuse to obey it, and may ?ippeal to the Federal courts.* 1 It is perfectly clear, says Mr. Story (' Commentaries,* p. 503, or in the large edition § 1379), that any law which enlarges, abridges, or in any manner changes the intention of the parties, resulting from the stipulations in the contract, neces- sarily impairs it. He gives in the same place a very long and careful definition of what is understood by a contract in Federal jurisprudence. A grant made by the State to a private individual, and accepted by him, is a contract, and cannot be re- voked by any future law. A charter granted by the State to a company is a con- tract, and equally binding to the State as to the grantee. The clause of the Con- stitution here roferrod to insures, therefore, the existence of a great part of ac- quired rights, but not of all. Property may legally bo held, though it may not have ijassed into the possessor's hands by means of a contract ; and its possession is an acquired right, not guaranteed by the Federal Constitution. '^ A remarkable instance of this is given by Mr. Story (p. 508, or in the large edition § 1388). ' Dartmouth College in New Hampshire had been founded by a charter granted to certain individuals before the American Revolution, and its THE FEDERAL CONSTITUTION. 145 This provision appears to me to be the most serious attack upon the independence of the States. The rights awarded to the Federal Government for purposes of obvious national importance are definite and easily comprehensible ; but those with which this last clause invests it are not either clearly appreciable or accurately defined. For there are vast num- bers of political laws which influence the existence of obliga- tions of contracts, which may thus furnish an easy pretext for the aggressions of the central authority. this The may 1 If paired , and PROCEDURE OF THE FEDERAL COURTS. Natural weakness of the judiciary power in confederations — Legislators ought to strive as much as possible to bring private individuals, and not States, before the Federal Courts — How the Americans have succeeded in this — Direct prose- outim of private individuals in the Federal Courts —Indii-ect pi-osecution of the States which violate the laws of the Union — The decrees of the Supreme Court enervate but do not destroy the provincial laws. I have shown what the privileges of the Federal courts are, and it is no less important to point out the manner in which they are exercised. The irresistible authority of justice in countries in which the sovereignty is undivided is derived from the fact that the tribunals of those countries represent the entire nation at issue with the individual against whom their decree is directed, and the idea of power is thus in- troduced to corroborate the idea of right. But this is not always the case in countries in which the sovereignty is- trustees formed a corporation undor this charter. The legislature of Now Hamp- shire had, without the consent of this corporation, passed an Act changing the organisation of the original provincial charter of the college, and transferring all the rights, privileges, and franchises from the old charter trustees to new trustees appointed under the Act. The constitutionality of the Act was contested, and, after solemn arguments, it was delibeiately held by the Supreme Court that the pro- vincial charter was a contract within the meaning of tha Constitution (Art. L sect. 10), and t'mt the emendatory Act was utterly void, as impairing the obligation of that charter. The college was deemed, likb other colleges of private foundation, to be a private eleemosynary institution, endowed by its charter with a capacity to take property uticonnected with the Government. Its funds were bestowed upoi^ the faith of the charter, and those funds consisted entirely of private donations. It is true that the uses were in some sense public, that is, fo' the general benefit, and not for the mere benefit of the corporators ; but this did not make the corpo-. ration a public corporation. Tt was a private institution for general charity. It was not distinguishable in principle from a private donation, vested in private trustees, for a public charity, or for a particular purpose of beneficence. And the State itself, if it had bestowed funds upon a charity ot the same nature, could not resume those funds. ' VOL. I. L 'X\ r4lS DEMOCRACY IN AMERICA. V I I divided; in them the judicial power is more frequently op- posed to a fraction of the nation than to an isolated indi- vidual, 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 con- federate States ought therefore to be to render the position of the courts of justice analogous to that which they occupy in countries where the sovereignty is undivided ; in other words, his efforts ought constantly to tend to maintain the judicial power of the confederation as the representative of the nation, and the justiciable party as the representative of an individual interest. 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 ftir as the direct action of the Goverment 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 sane people within the limits laid down bj' the Consti- tution, the inference was that the Government created by this Constitution, and acting within these limits, was in- vested with all the privileges of a national Government, one of the principal of which is the right of transmitting its in- junctions directly to the private citizen. When, for instance, the Union votes an impost, it doerf not apply to the States for the levying of it, but to every American citizen in proportion to his assessment. The Supreme Court, which is empowered to enforce the execution of this law of the Union, exerts its influence not upon a refractory State, but upon the private taxpayer; and, like the judicial power of other nations, it is opposed to the person of an individual. It is to be ob- served that the Union chose its own antagonist ; and as that antagonist is feeble, he is naturally worsted. But the difficulty increases when the proceedings are not brought forward by but against the Union. The Constitu- tion recognises the legislative power of the States ; and a law so enacted may impair the privileges of the Union, in which case a collision is unavoidable between that body and the State which has passed the law: and it only remains THE FEDERAL CONSTITUTION. 147 op- Indi- are 3r of siable con- gition py j^ vords, idicial f the of an 3n, re- charge 1 their ent on United at the Id only . For, >ne and Consti- ited by as in- nt, one its in- stance, ates for •portion lowered :erts its private ions, it be ob- as that are not >nstitu- and a Inion, in |ody and remains to select the least dangerous remedy, rhich is very clearly deducible from the general principles I have before established.^ It may be conceived that, in the case under consideration, the Union might have sued the State before a Federal court, which would have annulled the act, and by this means it would have adopted a natural course of proceeding ; but the judicial 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 American legislators as the ground of attack against such measures as may be prejudicial to the Union, and it is to these cases that the protection of the Supreme Court is extended. Suppose a State vends a certain portion of its territory to a company, and that a year afterwards it passes a law by which the territory is otherwise disposed of, and that clause of the Constitution which prohibits laws impairing the obligation of contracts violated. When the purchaser under the second act appears to take r ^session, the possessor under the first act brings his ac* before the tribunals of the Union, and causes the title . e claimant to be pro- nounced null and void.^ Thus, in point of fact, the judicial power of the Union is contesting the claims of the sove- reignty of a State ; but it only acts indirectly and upon a special application of detail: it attacks the law in its con- sequences, 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 dis- tinct civil rights, and that it could therefore sue or be sued before a tribunal. Thus a State could bring an action against another State. In this instance the Union was not called upon to contest a provincial law, but to try a suit in which a State was a party. This suit was perfectly similar to any other cause, except that the quality of the parties was different ; and here the danger pointed out at the beginning of this chapter exists with less chance of being avoided. The inherent disadvantage of the very essence of Federal 1 See Chapter VI. on ' Judicial Power in America.' * See 'Kent's Commentaries,' vol. i. p. 387. L 2 '^4 fit 148 DEMOCRACY IN AMERICA. m \:- 1 r I constitutions is that they engender parties in the bosom of the nation which present powerful obstacles to the free course of justice. HIGH RANK OF THE SUPREME COFRT 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 tlie Union depend on the discretion of the seven Federal Judges. When we have successively examined in detail the organ- ization of the Supreme Court, and the entire prerogatives which it exercises, we shall readily admit that a more im- posing judicial power was never constituted by any people. The Supreme Court is placed at the head of all known tribunals, both by the nature of its rights and the class of justiciable parties which it controls. In all the civilized countries of Europe the Grovernment has always shown the greatest repugnance to allow the cases to which it was itself a party to be decided by the ordinary course of justice. This repugnance naturally attains its utmost height in an absolute Government ; and, on the other hand, the privileges of the courts of justice are extended with the increasing liberties of the people : but no European nation has at present held that all judicial controversies, without regard to their origin, can be decided by the judges of common law. In America this theory has been actually put in practice, and the Supreme Court of the United States is the sole tribunal of the nation. Its power extends to all the cases arising under laws and treaties made by the executive and legislative authorities, to all cases of admiralty and maritime jurisdiction, and in general to all points which affect the law of nations. It may even be affirmed that, although its con- stitution is essentially judicial, its prerogatives are almost entirely political. Its sole object is to enforce the execution of the laws of the Union ; and the Union only regulates the relations of the Government with the citizens, and of the nation with Foreign Powers : the relations of citizens amongst themselves are almost exclusively regulated by the sovereignty of the States. A second and still greater cause of the preponderance of THE FEDERAL CONSTITUTION. 149 this court may be adduced. In the nations of Europe the courts of justice are only called upon to try the controversies of private individuals ; but the Supreme Court of the United States summons sovereign powers to its bar. When the clerk of the court advances on the steps of the tribunal, and simply says, * The State of New York 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 represents one million, and the other two millions of men, one is struck by the responsibility of the seven judges whose decision is about to satisfy or to disappoint so large a number of their fellow-citizens. 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 letter : the Executive appeals to them for assistance against the encroachments of the legislative powers; the Legislature demands their protection from the designs of the Executive ; they defend the Union from the disobedience of the States, the States from the exaggerated claims of the Union, the public interest against the interests of private citizens, and the conservative spirit of order against the fleeting innova- tions 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 intract- able 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 indispensable to magistrates, but they mus^j be statesmen — politicians, not unread in the signs of the times, not afraid to brave the obstacles which can be subdued, nor slow to turn aside such encroaching elements as may threaten the supremacy of the Union and the obedience which is due to the laws. The President, who exercises a limited power, may err without causing great mischief in the State. Congress may decide amiss without destroying the Union, because the electoral body in which Congress originates may cause it to retract its decision by changing its members. But if the i ,ll!. •tl I! "I I; |!i Hi u ISO DEMOCRACY IN AMERICA. 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 lie in the constitution of t ■ tribunal, but in the very nature of Federal Governmeoti. We have observed that in confederate peoples it is especially necessary to consolidate the judicial authority, because in no other nations do those independent persons who are able to cope with the social body exist in greater power or in a better condition to resist the physical strength of tiie Government. But the more a power requires to be strengthened, the more extensive and independent it must be made ; and the dangers which its abuse may create are heightened by its independence and its strength. The source of the evil is rot, therefore, 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 — Superioi'ity of the Constitution of the Union attributable to the wisdom of the Federal legishitors — Lecisliiture of the Union less dependent on the people than that of the States — Executive power more independent in its sphere — Judicial power less subjected to the inclinations of the majority — Practical consequence of these facts — The dangers inherent in a democratic govern- ment 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 exists between them. The objects of the Governments are different; but their forms are the same; and in this special point of view there is some advantage in comparing them together. 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 THE FEDERAL CONSTITUTION. ISI eleven new States^ have been added to the American Con- federation since the romulgation or the Federal Constitu- tion, and that these new republics have always rather exag- gerated than avoided the defects which existed in the former Constitutions. The chief cause of the superiority of the Federal Consti- tution lay in the character of the legislators who composed it. At the time when it was formed the dangers of the Confederation were imminent, and its ruin seemed inevitable. In this extremity the people chose the men who most deserved the esteem, rather than those who had gained the affections, of the country. I have already observed that distinguished as almost all the legislators of the Union were . for their intelligence, they were still more so for their patriotism. They had all been nurtured at a time when the spirit of liberty was braced by a continual struggle against a powerful and predominant authority. When the contest was terminated, 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 independence was definitely ended, and that the only dangers which America had to fear were those which might result from the abuse of the freedom she had won. They had the courage to say what they believed to be true, because they were animated by a warm and sincere love of liberty j and they ventured to propose restrictions, because they were resolutely opposed to destruction." * [The number of States has now risen ro 46 (1874), besides the district of Columbia.] ^ At this time Alexander Hamilton, who was one of the principal founders of the Constitution, ventured to express the following sentiments in ' The Federalist,' No. 71 :- * There are some who would bo inclined to regard the servile pliancjr of the Executive to a prevailing current, either in the community or in the Legislature, as its best recommendation. But such men entertain very crude notions, as well of the purposes for which government was instituted as of the time means by which the public happiness may be promoted. The Republican principle demands that the deliberative sense of tne community should govern the conduct of those to whom they entrust the management of their affairs ; but it does not require an iinqualiflod complaisance to every sudden breeze of passion, or to every transient impulse which the people may receive from the arts of men who flatter their pre- judices to betmy their interests. It is a just observation, that the people commonly intend the public goud. This often applies to their very errors. 13u*. their good sense would despise the fululator who should pretend that they always rea.^ > right m \ , 11 M ft" M ,' S' ffl r^m la flSj li 1 u n 152 DEMOCRACY IN AMERICA. It !i I ■! The greater number of the Constitutions of the States assign one year for the duration of the House of Eepresen- tatives, and two years for that of the Senate; so that members of the legislative body are constantly and narrowly tied down by the slightest desires of their constituents. The legislators of the Union were of opinion that this excessive dependence of the Legislature tended to alter the nature of the main consequences of the representative system, since it vested the source, not only of authority, but of government, in the people. They increased the length of the time for which the representatives were returned, in order to give them freer scope for the exercise of their own judgment. The Federal Constitution, as well as the Constitutions of the different States, divided the legislative body into two branches. But in the States these two branches were com- posed of the same elements, and elected in the same manner. The consequence was that the passions and inclinations of the populace were as rapidly and as energetically represented in one chamber as in the other, and that laws were made with all the characteristics of violence and precipitation. By the Federal Constitution the two houses originate in like manner in the choice of the people ; but the conditions of eligibility and the mode of election were changed, to the end that, if, as is the case in certain nations, one branch of the Legislature represents the same interests as the olher, it may at least represent a superior degree of intelligence and discretion. A mature age was made one of the conditions of the senatorial dignity, and the Upper House was chosen by an elected assembly of a limited number of members. 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 about the means of promoting it. They know from experience that they some- times err ; and the wonder is that they so seldom err as they do, beset, as they continually are, by the wiles of parasites and sycophants; by the snares of the ambitious, the avaricious, the despeiivte ; by the artifices of men who possess their confidence more than tliey deserve it, and of those who seek to possess rather than to deserve it. When occasions present themselves in which the interests of the people are at variance with their inclinations, it ij tiie duty of persons whom they nave appointed to be the guardians of tliose interests to withstand the temporary delusion, in order to give them time and opportunity for more cool and sedate re- flection. 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 hist- ing monuments .1 their gratitude to the men who had courage and magnanimity enough to serve them at the peril of their displeasure.' THE FEDERAL CONSTITUTION. 153 the people, it is made to participate most fully in the pre- ponderating authority of the multitude, and it is naturally led to monopolize every species of influence. This concen- tration is at once prejudicial to a well-conducted administra- tion, and favourable to the despotism of the majority. The legislators of the States frequently yielded to these democratic propensities, which were invariably and courageously resisted by the founders of the Union. In the States the executive power is vested in the hands of a magistrates who is apparently placed upon a level with the legislature, but who is in reality nothing more than the blind agent and the passive instrument of its decisions. He can derive no influence fr6m the duration of his functions, which terminate with the revolving year, or from the exercise of prerogatives which can scarcely be said to exist. The Legislature can condemn him to inaction by entrusting 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 Ji 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 authority; nevertheless, in all the States the legislature has reserved to itself the right of regulating the emoluments of the judges, a practice which necessarily subjects these magistrates to its immediate influence. In some States the judges are only temporarily appointed, which deprives them of a great portion of their power and their freedom. In others the legislative and judicial powers are entirely confounded ; thus the Senate of New York, for instance, constitutes in certala cases the superior court of the State. The B'ederal Constitution, on the other hand, carefully separates the judicial authority from all external influences ; and it provides for the independence of the judges, by de- claring that their salary shall not be altered, and that their functions shall be inalienable. W^ »54 DEMOCRACY IN AMERICA. il 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 State-?, its designs are more fraught with wisdom, its projects are more durable and more skilfully combined, its measures are put into execution with more vigour and consistency. I recapitulate the substance of this chapter in a few words: The existence of democracies is threatened by two dangers, viz., the comolete subjection of the legislative body to the caprices of the electoral body, and the concen- tration of all the powers of the Government in the legislative authority. The growth of these evils has been encouraged by the policy of the it^gislators of the States, but it has been resisted by the legislators of the Union by every means which lay within their control. CHARACTERISTICS WHICH DISTINGUISH THE FEDERAL CONSTITU- TION CF THE UNITED STATES OF AMERICA FROM ALL OTHER FEDERAL CONSTITUTIONS. American Union iippears to resemble all other confeilerations— Novortholess its effects are different — Reason of this — Distinctions between the Union and all other confederations — The American Government not a federal but an imperfect national Q-overnment. The United States of America do not afford either the first or the only instance of confederate States, several of which have existed in modern Europe, without adverting to those of antiquity. Switzerland, the Germanic Empire, and the Republic of the United Provinces either have been or still are confederations. In studying the constitutions of these different countries, the politician is surprised to observe that the powers with which they invested the Federal Government are nearly identical with the privileges awarded by the American Constitution to the Government of the United States. They confer upon the central power the same rights of making peace and war, of raising money and troops, and of providing for the general exigencies and the common interests of the nation. Nevertheless the Federal Irr THE FEDERAL CONSTITUTION. 155 Government of these different 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 expensive than those of the Federal Government of the present day. But the more recent Constitution of the United JStJites contains certain principles which exercise a most important inHuence, although they do not at once strike the observer. This Constitution, which may at first sight be confounded with the federal constitutions which preceded it, rests upon a novel theory, which may be considered as a great invention in modern political science. In all the confederations which had been formed before the American Constitution of 1789 the allied States agreed to obey the injunctions of a Federal Government; but they reserved to themselves the right of ordaining and enforcing the execution of the laws of the Union. The American States which combined in 1789 agreed that the Federal Government should not only dictate the laws, but 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 alteration produced the most momen- tous consequences. In all the confr derations which had been formed before the American Union the Federal Government demanded its supplies at the hands of the separate Governments ; and if the measure it prescribed was onerous to any one of those bodies means were found to evade its claims: if the State was powerful, it had recourse to arms ; if it was weak, it connived at the resistance which the law of the Union, its sovereign, met with, and resorted to inaction under the plea of inability. Under these circumstances one of the two alternatives has invariably occurred ; either the most pre- ponderant 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 f? * This TOis tho onso in Grooee, whon Philip undertook to oxcute the decree of the Anjphii'tyons ; in tho Low Countries, where the province of Holhind always gave tho law ; iind, in our own time, in tho Germanic Confederation, iti which Austria and Prussia assume a great degree of influence over tho wholo country, in the name uf the Diet. ■\n I 156 DEMOCRACY JN AMERICA, supporters, anaxchy has arisen between the confederatoi^, and the Union has lost all powers of Hction/ In America the subjects of the Union are not States, but private citizens: the national Government levies a tax, not upon the State of Massachusetts, but upon each inhabitant of Massachusetts. All former confederate governments pre- sided over communities, but that of the Union rules indi- viduals ; its force is not borrowed, but self-derived ; and it k served by its own civil and military officers, by its own army, and its own courts of justice. It cannot be doubted that the spirit of the nation, the passions of the multitude, and the provincial prejudices of each State tend singularly to diminish the authority of a Federal authority thus constituted, and to facilitate the mean& of resistance to its mandates ; but the comparative weakness of a resticted sovereignty is an evil inherent in the Federal system. In America, each State has fewer opportunities of resistance and fewer temptations to non-compliance; nor can such a design be put in execu- tion (if indeed it be entertained) without an open violation of the laws of the Union, a direct interruption of the ordinary course of justice, and a bold declaration of revolt; in a word, without taking a decisive step which men hesitate to adopt. In all former confederations the privileges of the Union furnished more elements of discord than of power, since they multiplied the claims of the nation without augmenting the means of enforcing them : and in accordance with this fact it may be remarked that the real weakness of federal govern- ments has almost always been in the exact ratio of their nominal power. Such is not the case in the American Union, in which, as in ordinary governments, the Federal Govern- ment 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 several nations form a permanent league and establish a supreme authority, which, although it has not the same in- fluence over the members of the community as a national government, acts upon each of the confederate States in a body, this government, which is so essenHally different from all others, is denominated a Federal one. Another form of Such hab alwHys been the situation of the Swiss Confederation, which would have peribhed ages ago bat fur the mutual jealousies uf its neighbours. THE FEDERAL CONSTITUTION. 157 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. n 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 go- vernment. Here the term Federal government is clearly no longer applicable to a state of things which must be styled an incomplete national government : a form of govern- ment has been found out which is neither exactly national nor federal ; but no further progress has been made, and the new word which will one day designate this nov 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 sub- jection, or to a stagnant apathy; and the peoples which formed these leagues have been either too dull to discern, or too pusillanimous to apply, this great remedy. The American Confederation perished by the same defects. 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 governing themselves, and their national prejudices had not taken deep root in their minds. Superior to the rest of the world in political knowledge, and sharing that know- ledge 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 prudent firmness as soon as they were conscious of the evil; they amended their laws, and they saved their country. k I f f ir 158 DEAfOCRACY IN AMERICA, ADVANTAGES OF THE FWDEKAL SY8TEM IN GENERAL, AND ITS SPECIAL UTILITY IN AMERICA. Happiness ami frccilom of Bttuill imtions -Powor of proat nations — Grout om- pirof* favouralilo tot ho growth of civilization- Stronglh ofton tho llrsbolomont of national prospority Aim of tho Foiioral Hystom to unito tho twofold ail- vnntap;»\s rosnlling from a Hniall und fi-oni a laru[o torrilory Atlvantajufos dorivod by tho Unitoii Statowfrotu this Hystoni -Tho law adapts itsolf to thooxif^onuion of tho population; jmpulation dooH not conform to tho oxigonciosof tho law — Activity, amelioration, Is-.vo and enjoyment of freedom in I ho American com- munities -Public spirit eck«'d by its weakness, all the efforts and resources of the citizens jiro turned to the internal benefit of the com- munity, 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 mot with. The gifts of an equal fortune render the various conditions of life uni- form, 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 easy circumstances, a more numerous population, and a more tranquil state of society, than in great empires. When tyranny is esttiblished in the bosom of a small na- tion^ it is more galling tlum 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 de- signs which it caun'^*^ entertain by a violent or an exaspe- rating 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 decij^ious. This invasion of rights occurs, however, but seldom, jind freedom is in truth the natural state of small communities. The temptations which the Government otfers to ambition are too weak, and the THE FEDERAL C0NS7JTUTI0N. 1 59 resources of private individuals are too slender, for the sovereign power easily to full within the grasp of a single citizen ; and should such nn event have occurred, the sub- jects of the State can without difficulty overthrow the tyrant nnd his oppression by a simultaneous etibrt. Small nations have therefore ever been the cradle of poli- tical liberty ; and the fact that many of them have lost their immunities by extending their dominion shows that the freedom they enjoyed was more a consequence of the inferior size than of th 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 censure the imprudence of attempting to limit the possible and to judge the future on the part of a being who is hourly deceived by the most palpable realities of life, and who is constantly taken by surprise in the circumstances with which he is most familiar. But it may be advanced with confidence that the existence of a great republic will always be exposed to far greater perils than that of a small one. All the passions which are most fatal to republican insti- tutions spread with an increasing territory, whilst the virtues which maintain their dignity do not augment in the same proportion. The ambition of the citizens increases with the power of the State ; the strength of parties with the impor- tance 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 in- terests, are the dangers which almost invariably arise from the magnitude oi States. But several of these evils are scarcely prejudicial to a monarchy, and some of them con- tribute 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 ; 1 I do not speak of a confederation of small republics, but of a groat consoli- dated Republic. ,1' i6o DEMOCRACY IN AMERICA. but the only security which a republican government pos- sesses against these evils lies in the support of the majority. This support is not, however, proportionably greater in a large republic than it is in i 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 difficulty of forming a compact majority is constantly augmented. It has been observed, moreover, that the intensity of human passions is heightened, not only by the importance of the end which they propose to attain, but by the multitude of individuals who are animated by them at the same time. Every one has had occasion to re- mark that his emotions in the midst of a sympathising crowd are far greater than those which he would have felt in soli- tude. In great republics the impetus of political passion is irresistible, not only because it aims at gigantic purposes, but because it is felt and shared by millions of men at the same time. It may therefore be asserted as a general proposition that nothing is more opposed to the well-being and the freedom of man than vast empires. Nevertheless it is important to acknowledge the peculiar advantages of great States. For the very reason which renders the desire of power more in- tense in these communities than amongst ordinary men, the love of glory is also more prominent in the hearts of a class of citizens, who regard the applause of a great people as a reward worthy of their exertions, and an elevating encou- ragement 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 ade- quate 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 com- bined. To this it may be added that most important dis- coveries iemand a display of national power which the Go- vernment of a small State is unable to make ; in great nations the Government entertains a greater number of general notions, and is more completely disengaged from the routine of precedent and the egotism of local prejudice ; its designs are conceived with more talent, and executed with more boldness. THE FEDERAL CONSTITUTION. I6i t pos- jority. in a st the md in , or it es and of the ajority reover, )t only attain, ted by to re- \ crowd in soli- 3sion is irposes, at the In time of peace the well-being of small nations is un- doubtedly more general and more complete, but they are apt to suffer more acutely from the calamities of war than those great empires whose distant frontiers may for ages avert the presence of the danger from the mass of the people, which is 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 people but little to be affluent and free if it is perpetually exposed to be pillaged or subjugated ; the number of its manufactures and the extent of its commerce are of small advantage if another nation has the empire of the seas and gives the law in all the markets of the globe. Small nations are often impoverished, not because they are small, but because they are weak; the great empires prosper less be- cause they are great than because they are strong. Physical strength is therefore one of the first conditions of the hap- piness and even of the existence of nations. Hence it occurs that, unless very peculiar circumstances intervene, small nations are always united to large empires in the end, either by force or by their own consent : yet I am unacquainted with a more deplorable spectacle than that of a people unable either to defend or to maintain its independence. The P'ederal system was created with the intention of combining the different advantages which result from the greater and the lesser extent of nations ; and a single glance over the United States of America suffices to discover the advantages which they have derived from its adoption. In great centralized nations the legislator is obliged to impart a character of uniformity to the laws which does not always suit the diversity of customs and of districts; as he takes no cognizance of special cases, he can only proceed upon general principles; and the population is obliged to conform to the exigencies of the legislation, since the legis- lation 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. VOL. I. M 1] < f'l; l62 DEMOCRACY IN AMERICA. li i CoDgress regulates the principal measures of the national Government, and all the details of the administration are reserved to the provincial legislatures. It is impossible to imagine how much this division of sovereignty contributes to tiie well-being of each of the States which compose the Union. In these small communities, which are never agi- tated by the desire of aggrandisement 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 a-ise in society ; and new projects are proposed every year, which are discussed either at town meetings or by the legislature of the State, and which are transmitted by the press to stimulate the zeal and to excite the interest of the citizens. This spirit of 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 ex- istence and the permanence of the republican form of goveramer"^ in the New World depend upon the existence and the permanence of the Federal system; and it is not unusual to attribute a large share of the misfortunes which have befallen the new States of South America to the inju- dicious erection of great republics, instead of a divided and confederate sovereignty. It is incontestably true that the love and the habits of republican government in the United States were engen- dered 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 po- litical question, where the State has no army to pay and no wars to carry on, and where much wealth and much honour cannot be bestowed upon the chief citizens, no form of government can be more natural or more appropriate than that of a republic. But it is this same republican spirit, it is these manners and customs of a free people, which are engendered and nurtured in the diflferent States, to be after- wards applied to the country at large. The public spirit of the Union is, so to speak, nothing more than an abstract of the patriotic zeal of the provinces. Every citizen of the United States transfuses his attachment to his little republic in the common store of American patriotism. In de- THE FEDERAL CONSTITUTION, 163 tional D are 3le to • ibutes je the sr agi- f self- ployed f each sens, is r ; and scussed , State, ite the spirit of publics, ition of love of the ex- Form of ixistence is not IS which le inju- led and labits of engen- kemblies. [e, where [tous po- and no honour I form of ite than [spirit, it lich are I be after- spirit of abstract In of the republic In de- fending 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 favourable to his own interests ; and these are motives which are wont to stir men more readily than the general interests of the country and the glory of the nation. On the other hand, if the temper and the manners of the inhabitants especially fitted them to promote the welfare of a great republic, the Federal system smoothed the obstacles which they might have encountered. The confederation of all the American States presents none of the ordinary dis- advantages resulting from great agglomerations of men. The Union is a great republic in extent, but the paucity of objects for which its Government provides assimilates it to a small State. Its acts are important, but they are rare. As the sovereignty of the Union is limited and incomplete, its exercise is not incompatible with liberty ; for it does not excite those insatiable desires of fame and power which have proved so fatal to great republics. As there is no common centre to the country, vast capital cities, colossal wealth, abject poverty, and sudden revolutions are alike unknown; and political passion, instead of spreading over the land like a torrent of desolation, spends its strength against the interests and the individual passions of every State. Nevertheless, all commodities and ideas circulate through- out the Union as freely as in a country inhabited by one people. Nothing checks the spirit of enterprise. Govern- ment avails itself of the assistance of all who have talents or knowledge to serve it. Within the frontiers of the Union the profoundest peace prevails, as within the heart of some great empire ; abroad, it ranks with the most powerful nations of the earth ; two thousand miles of coast are open to the commerce of the world ; and as it possesses the keys of the globe, its flag is respected in the most remote seas. The Union is as happy and as free as a small people, and as glorious and as strong as a great nation. f Mi ji 2 \i •A.'fc/-w»*t»*l-..« I ! 164 DEMOCRACY IN AMERICA. WHY THE FEDERAL SYSTEM IS NOT ADAPTED TO ALL PEOPLES, AND HOW ADOPT IT. THE ANGLO-AMERICANS WERE ENABLED TO Every Federal system contains defects which baffle the efforts of the legislator — The Federal system is complex — It demands a daily exercise of discretion on the part of the citizens — Practical knowledge of government common amongst the Americans — Relative weakness of the Government of the Union, another defect inherent in the Federal system — The Americans have diminished without remedying it — The sovereignty of the separate States apparently weaker, but really stronger, than that of the Union — Why ? — Natural causes of union must exist between confederate peoples beside the laws — What these causes are amongst the Anglo-Americans — Maine and Georgia, separated by a distance of a thousand miles, more naturally united than Normandy and Bi'ittany — War, the main peril of confederations — This proved even .by the example of the United States — The Union has no great wars to fear — Why? — Dangers to which Europeans would be exposed if they adopted the Federal system of the Americans. When a legislator succeeds, after persevering efforts, in exercising an indirect influence upon the destiny of nations, his genius is lauded by mankind, whilst, in point of fact, the geographical position of the country which he is unable to change, a social condition which arose without his co-opera- tion, manners and opinions which he cannot trace to their source, and an origin with which he is unacquainted, exer- . cise so irresistible an influence over the courses of society that he is himself borne away by the current, after an in- eflfectual 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 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 syste 1 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 FEDERAL CONSTITUTION. i6s PLES, TO lator— I on the igst the r defect without ker, but )n must uses are itance of y — War, e of the to which (1 of the ►rts, in lations, ict, the able to )-opera- o their , exer- society an in- •ect the inge its which Is derive lint out jticable, IS. The inate in itor, but cannot These support is is the Two other. The legislator may simplify and equalize the action of these two sovereignties, by limiting each of them to a sphere of authority accurately defined ; but he cannot combine them into one, or prevent them from coming into collision at certain points. The Federal system therefore rests upon a theory which is necessarily complicated, and which demands tr.e daily exercise of a considerable share of discretion on the part of those it governs. A proposition must be plain to be adopted by the under- standing 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 in- volved. 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 in- adequately 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 Grovernments 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 pre- supposes in the people whom it is meant to govern. The Government of the Union depends entirely upon legal fic- tions ; the Union is an ideal nation which only exists in the mind, and whose limits and extent can only be discerned by the understanding. When once the general theory is comprehended, number- less difficulties remain to be solved in its application ; for the sovereignty of the Union is so involved in that of the States that it is impossible to distinguish its boundaries at the first glance. The whole structure of the Government is artificial and conventional ; and it would be ill adapted to a people which has not been long accustomed to conduct its own affairs, or to one in which the science of politics has not descended to the humblest classes of society. I have never been more struck by the good sense and the practical judg- ment of the Americans than in the ingenious devices by which they elude the numberless difficulties resulting from 1 ' Li.- ''^i I I^ DEMOCRACY IN AMERICA. their Federal Constitution. I scarcely ever met with a plain American citizen who could not distinguish, with surprising facility, the obligations created by the laws of Congress from those created by the laws of his own State ; and who, after having discriminated between the matters which come under the cognizance of the Union and those which the local legislature is competent to regulate, could not point out the exact limit of the several jurisdictions of the Federal Courts and the tribunals of the State. The Constitution of the United States is like those exqui- site productions of human industry which ensure wealth and renown to their inventors, but which are profitless in any other hands. This truth is exemplified by the condition of Mexico at the present time. The Mexicans were desirous of establishing a Federal system, and they took the Federal Constitution of their neighbours the Anglo-Americans as their model, and copied it with considerable accuracy.^ 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 embar- rassments between the mechanism of their double Grovern- ment ; the sovereignty of the States and that of the Union perpetually exceeded their respective privileges, and entered into collision ; and to the present day Mexico is alternately the victim of anarchy and the ' l^i-^e '^f 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 system, is the relative weakness of the Government of the Union. The principle upon which all confederations rest is that of a divided sovereignty. The legislator may render this partition less perceptible, he may even conceal it for a time from the public eye, but he cannot prevent it from existing, and a divided sovereignty must always be less powerful than an entire supremacy. The reader has seen in the remarks I have made on the Constitution of the United States that the Americans have displayed singular ingenuity in combining the restriction of the power of the Union within the narrow limits of a Federal Government with the sem- blance and, to a certain extent, with the force of a national Government. By this means the legislators of the Union have succeeded in diminishing, though not in counteracting, the natural danger of confederations. 1 See the Mexican Constitution of 1824. THE FEDERAL CONSTITUTION. 167 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 conceive themselves to be interested in the cause of a single individual who should refuse to obey. If all the citizens of the State were aggrieved at the same time and in the same manner by the authority of the Union, the Federal Government would vainly attempt to subdue them individually ; they would instinctively unite in a common defence, and they would derive a ready-prepared organization from the share of sovereignty which the institu- tion of their State allows them to enjoy. Fiction would give way to reality, and an organized portion of the territory might then contest the central authority.^ The same ob- servation holds good with regard to the Federal jurisdic- tion. If the courts of the Union violated an important law of a State in a private case, the real, if not the ap- parent, contest would arise between the aggrieved State represented by a citizen and the Union represented by its courts of justice.'* He would have but a partial knowledge of the world who should imagine that it is possible, by the aid of legal fictions, to prevent men from finding out and employing those means of gratifying their passions which have been left open to them; and it may be doubted whether the American legisla- tors, when they rendered a collision between the two sovereigns less probable, 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 ^ [This is precisely what occurred in 1862, and the following paragraph describes correctly the feelings and notions of the South. General Lee hold that his pri- mary allegiance was due, not to the Union, but to Virginia.] ^ For instance, the Union possesses by the Constitution the right of selling un- occupied lands for its own profit. Supposing that the State of Ohio should claim the same right in behalf of certain territories lying within its boundaries, upon the plea that the Constitution refers to those lands alone which do not belong to the jurisdiction of any particular State, and consequently should choose to dispose of them itself, the litigation would be carried on in the names of the purchasers from the State of Ohio and the purchasers from the Union, and not in the names of Ohio and the Union. But what would become of this legal fiction if the Federal pur- chaser was confirmed in his right by the courts of the Union, whilst the other com- petitor was onlered to retain possession by the tribunals of the State of Ohio? Ili i) ! ;' I i68 DEMOCRACY IN AMERICA. in a case of this kind. The Union is possessed of money and of troops, but the affections and the prejudices of the people are in the bosom of the States. The sovereignty of the Union is an abstract being, which is connected with but few external objects; the sovereignty of the States is hourly perceptible, easily understood, constantly active; and if the former is of recent creation, the latter is coeval with the people itself. The sovereignty of the Union is factitious, that of the States is natural, and derives its existence from its own simple influence, like the authority of a parent. The supreme power of the nation only affects a few of the chief interests of society; it represents an immense but remote couiitry, and claims a feeling of patriotism which is vague and ill defined ; but the authority of the States controls every individual citizen at every hour and in all circum- stances; it protects his property, his freedom, and his life; and when we recollect the traditions, the customsj the pre- judices 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 instinctive in the- human heart. Since legislators are unable to obviate such dangerous collisions as occur between the two sovereignties which co- exist in the Federal system, their first object must be, not only to dissuade the confederate States from warfare, but to encourage such institutions as may promote the maintenance of peace. Hence it results that the Federal compact cannot be lasting unless there exists in the communities which are leagued together a certain number of inducements to union which render their common dependence agreeable, and the task of the Government light, and that system cannot succeed without the presence of favourable circumstances added to the influence of good laws. All the peoples which have ever formed a confederation have been held together by a certain number of common interests, which served as the intellectual ties of association. y But the sentiments and the principles of man must be taken into consideration as well as his immediate interests. A certain uniformity of civilization is not less necessary to the durability of a confederation than a uniformity of in- terests in the States which compose it. In Switzerland the difference which exists between the Canton of Uri and the \ THE FEDERAL CONSTITUTION. 169 Canton of Vaud is equal to that between the fifteenth and the nineteenth centuries ; and, properly speaking, Switzer- land 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 lawc to the whole territory. One of the circumstances which most powerfully contri- bute 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 unifor- mity in its different provinces than the American people, which occupies a territory as extensive as one-half of Euro^^, . The distance from the State of Maine to that of Georgia is reckoned at about one thousand miles; but the difference between the civilization of Maine and that of Georgia is slighter than the difference between the habits of Normandy and those of Brittany. Maine and Georgia, which are placed at the opposite extremities of a great empire, are conse- quently 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 countrj'^ 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 cire 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 nations in the defence of its very existence. The skill of a Government, the good sense of the community, and the natural fondness which men entertain for their country, may suffice to maintain peace in the interior of a district, and to favour 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 ignorance of mankind. All the peoples which have been obliged to sustain a long and 179 DEMOCRACY IN AMERICA, i i- ■ I 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 weak- ness of a Grovernment most palpable and roost alarming ; and I have shown that the inherent defect 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 autho- rity. 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 upou Congress the right of ' calling forth militia to execute the laws of the Union, sup- press insurrections, and repel invasions ; ' and another article declares that the President of the United States is the com- mande' -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 autho- rizes the Federal Government to call forth the militia in cases of insurrection or invasion, but that in the present instance there was neither invasion nor insurrection. They added, that the same Constitution which conferred upon the Union the right of calling forth the militia reserved to the States that of naming the officers ; and that consequently (as they understood the clause) no officer of the Union had any right to command the militia, even during war, except the President in person ; and in this case they were ordered to join an army commanded by another individual. These ab- surd 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 cons^^rained to raise elsewhere the troops which it required.^ Kent's Commontaries,* vol. i. p. 244. I havo selected an example which relates to a time posterior to the promulgation of the present Constitution. If I had gone \ TFE FEDERAL CONSTITUTION. 171 The only safeguard which the American Union, with all the relative perfection of its laws, possesses against the dis- solution which would be produced by a great war, lies in its probable exemption from that calamity. Placed in the centre of an immense continent, which offers a boundless field for human industry, the Union is almost as much in- sulated 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 rigour 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, be- fore 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 t j appre- ciate the advantages of the Federal system, which 1 hold to be one of the combinations most favourable to the prospe- rity and freedom of man. I envy the lot of those nations which have been enabled to adopt it ; but I cannot believe that any confederate peoples could maintain a long or an equal contest with a nation of similar strength in which the Government should be centralized. A people which should divide its sovereignty into fractional powers, in the presence back to the days of the Confederation, I might have given still more striking in- stances. The whole nation was at that time in a state of enthusiastic excitement ; the Revolution was represented by a man who was the idol of the people ; but at that very period Congress had, to say the truth, no resources at all at its disposal. Troops and supplies were perpetually wanting. The best-devised projects failed in the execution, and the Union, which was constantly on tiio verge of destruction, was saved by the weakness of its enemies far more than by its own strength. [All doubt as to the powers of the Federal Executive was, however, removed by its efforts in the civil war, and those powers were largely extended.] ^ [War broke out between the United States and Mexico in 1846, and ended in the conquest of an immecse territory, including California.] 172 DEMOCRACY IN AMERICA, of the great military monarchies of Europe, would, in my opinion, by that very act, abdicate its power, and perhaps its existence and its name. But such is the admirable posi- tion of th.e 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 th« knowledge of freedom. CHAPTER IX. I HAVE hitherto examined the institutions of the United States ; 1 have passed their legislation in review, and I have depicted the present characteristics of political society in that country. But a sovereign power exists above these institutions and beyond these characteristic features which may destroy or modify them at its pleasure — I mean that of the people. It remains to be shown in what manner this power, which regulates the laws, acts: its propensities and its passions remain to be pointed out, as well as the secret springs which retard, accelerate, or direct its irresistible course ; and the eftects 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 executive power, and furnishes the jurors who punish all offences against the laws. The American institutions are democratic, not only in their principle but in all their conse- quences; and the people elects its representatives directly, and for the most part annually ^ in order to ensure their de- pendence. The people is therefore the real directing power ; and although the form of government is representative, it is evident that the opinions, the prejudices, the interests, and even the passions of the community are hindered by no durable obstacles from exercising a perpetual influence on society. In the United States the majority governs in the name of the people, as is the case in all the countries in which the people is supreme. . This majority is principally IN PARTIES IN THE UNITED STATES. 173 composed of peaceable citizens, who, either by inclination or by interest, are sincerely desirous of the welfare of their country. But they are surrounded by the incessant agita- tion of parties, which attempt to gain their co-operation and to avail themselves of their support. CHAPTER X. PARTIES IX THE UNITED STATES. Groat distinction to be made between parties — Parties which are to each other as rival nations —Parties properly so called— Difference between great and small parties- -Epochs which produce them— Their characteristics — America has had great parties— They are extinct — Federalists — Republicans— Defeat of the Federalists — Difficulty of creating parties in the United States — What is done with this intention — Aristocratic or democratic character to be met with ia 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 populations which inhabit them have contradictory interests, although they are the subjects of the same Government, and they may thence be in a perpetual state of opposition. In this case the different fractions of the people may more properly be considered as distinct nations than as mere parties ; and if a civil war breaks out, the struggle is carried on by rival peoples rather than by factions in the State. But when the citizens entertain different opinions upon subjects which affect the whole country alike, such, for in- stance, 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 govern- ments; but they have not at all times the same character and the same propensities. At certain periods a nation may be oppressed by such insupportable evils as to conceive the design of effecting a total change in its political constitution ; at other times the mischief lies still deeper, and the existence of society itself is endangered. Such are the times of great revolutions and of great parties. But between these epochs of misery and of confusion there are periods during which human society seems to rest, and mankind to make a pause. This pause is, indeed, only apparent, for time does not stof its course for nations any more than for men; they are al) advancing i{ ' I' r : -TV 1.J ii 11 m 174 DEMOCRACY JN AMERICA. towards a goal with which they are unacquainted ; and we only imagine them to be stationary when their progress escapes our observation, as men who are going at a foot- pace seem to be standing still to those who run. But however this may be, there are certain epochs at which the changes that take place in the social and political constitution of nations are so slow and so insensible that men imagine their present condition to be a final state; and the human mind, believing itself to be firmly based upon certain foundations, does not extend its researches beyond the horizon which it descries. These are the times of small parties and of intrigue. The political parties which I style great are those which cling to principles more than to their consequences ; to general, and not to especial cases ; to ideas, and not to men. These parties are usually distinguished by a nobler charac- ter, 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 pre- text of the public good ; and it may even be sometimes con- cealed from the eyes of the very persons vfhom 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 ostensiblj^ display the egotism of their character in their actions. They glow with a factitious zeal ; their language is vehement, but their conduct is timid and irresolute. The means they employ are as wretched as the end at which they aim. Hence it arises that when a calm state of things succeeds a violent revolution, the leaders of society seem suddenly to disappear, and the powers of the human mind to lie concealed. Society is convulsed by great parties, by minor ones it is agitated ; it is torn by the former, by the latter it is degraded ; and if these sometimes save it by a salutary perturbation, those invariably disturb it to no good end. America has already lost the great parties which once divided the nation; and if her happiness is considerably increased, her morality has suffered by their extinction. When the War of Independence was terminated, and the foundations of the new Government were to be laid down, the nation was divided between two opinions — two opinions f . , PARTIES IN THE UNITED STATES. m which are as old as the world, and which are perpetually to be met with under all the forms and all the names which have ever obtained in free communities — the one tending to limit, the other to extend indefinitely, the power of the people. The conflict of these two opinions never assumed that degree of violence in America which it has frequently displayed elsewhere. Both parties of the Americans were, in fact, agreed upon, the most essential points; and neither of them had to destroy a traditionary constitution, or to over- throw the structure of society, in order to ensure its own triumph. In neither of them, consequently, were a great number of private interests aifected 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 endeavoured to apply its doctrines more especially to the Constitution of the Union, whence it derived its name of Federal, The other party, which affected to be more ex- clusively 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, moreover, favoured by circumstances. The ruin of the Confederation had im- pressed the people with a dread of anarchy, and the Fede- ralists 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 cundnt was becoming from day to day too violent to be checked or stemmed. In 1801 the Eepublicans 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 tem- porary : 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 over- whelmed by utter defeat. An immense majority declared V ! '• 176 DEMOCRACY IN AMERICA. Il itself against the retiring party, and the Federalists found themselves in so small a minority that they at once despaired of their future success. From that moment the Bepublican or Democratic party ^ has proceeded from conquest to con- quest, until it has acquired absolute supremacy in the coun- try. The Federalists, perceiving that they were vanquished without resource, and isolated in the midst of the nation, fell into two divisions, of which one joined the victorious Republicans, and the other abandoned its rallying-point and its name. Many years have already elapsed since they ceased to exist as a party. The accession of the Federalists to power was, in my opinion, one of the most fortunate incidents which accom- panied the formation of the great American Union ; they resisted the inevitable 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 oc- curred 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 considerable number of their principles were in point of fact embodied in the political creed of their opponents ; and the Federal Constitution which subsists at the present day is a lasting monument of their patriotism and their wisd ^v- , 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 pre- sent form of Government or the present course of society. The parties by which the Union is menaced do not rest upon abstract principles, but upon temporal interests. These interests, disseminated in the provinces of so vast an empire, may be said to constitute rival nations rather than parties. Thus, upon a recent occasion, the North contended for the system f commercial prohibition, and the South took up arms in favour of free trade, simply because the North is a manufacturing and the South an agricultural district; and ^ [It is scarcely necessary to remark that in more recent times the signification of these terms has changed. The Republicans are the representatives of the old Federalists, and the Democrats of the old Bepublicans. — Trans, note (1861).] a PARTIES IN THE UNITED STATES. \77 gave and pre- )ciety. upon iThese ipire, irties. )r the )k up is a and lification the old 0.] that the restrictive system which was profitable to the one was prejudicial to the other.* In the absence of great parties, the United States abound with lesser controversies ; and public opinion is divided into a thousand minute shades of ditFerence upon questions of very little moment. The pains which are taken to create parties are inconceivable, and at the present day it is no easy task. In the United States there is no religious ani- mosity, because all religion is respected, and no sect is pre- dominant; there is no jealousy of rank, because the people is everything, and none can contest its authority ; lastly, there is no public indigence to supply the means of agitation, because the physical position of the country opens so wide a field to industry that man is able to accomplish the most surprising undertakings with his own native resources. Nevertheless, ambitious men are interested in the creation of parties, since it is difficult to eject a person from authority upon the mere ground that his place is coveted by others- The skill of the actors in the political world lies therefore in the art of creating parties. A political aspirant in the United' States begins by discriminating his own interest, and by calculating upon those interests which may be collected- around and amalgamated with it; he then contrives to dis- cover 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 popular- ity; just as the imprimatur of a King was in former days incorporated with the volume which it authorised, 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 appear to a stranger to be so incomprehensible and so pue- rile 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 connected with one or the other of those two divisions which have always existed i.a free communities. The deeper we penetrate into the working of 1 [The divisions of North and South have since acquired a far greater degree of intensity, and the South, though conquered, still presents a formidable spirit of op- position to Northern government.] VOL. I. N 1 1 E'' ■m il i L& 178. DEMOCRACY IN AMERICA. these parties, the more do we perceive that the object of the one is to limit, and that of the other to extend, the popular authority. I do not assert that the ostensible end, or even that the secret aim, of American parties is to 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 at- tacked 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, ac- customed 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 con- trolled, like all the other institutions of the country. REMAINS OF THE ARISTOCRATIC PARTY IN THE UNITED STATES. Secret opposition of wealthy individuals to democracy — Their retirement — Their taste for exclusive pleasures and for luxury at home — Their simplicity abroad — Their affected condescension towards the people. It sometimes happers 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, overpowers all obstacles, harasses its opponents, and appro- priates all the resources of society to its own purposes. The vanquished citizens despair of success and they conceal their dissatisfaction in silence and in 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 unani- PARTIES IN THE UNITED STATES. 179 ac- is mity is merely a cloak to alarming dissensions and perpetual opposition. This is precisely what occurred in America; when the democratic party got the upper hand, it took exclusive pos- session of the conduct of aflFairs, and from that time the laws and the customs of society have been adapted to its caprices. At the present day the more affluent classes of society are so entirely removed from the direction of politi- cal affairs in the United States that wealth, far from confer- ring a right to the exercise of power, is rather an obstacle than a means of attaining to it. The wealthy members of the community abandon the lists, through unwillingness to contend, and frequently to contend in vain, against the poorest classes of their fellow citizens. They concentrate all their enjoyments in the privacy of their homes, where they occupy a rank which cannot be assumed in public; and they constitute a private society in the State, which has its own tastes and its own pleasures. They submit to this state of things as an irremediable evil, but they are careful not to show that they are galled by its continuance; it is even not uncommon to hear them laud the delights of a republican government, and the advantages of democratic institutions when they are in public. Next to hating their enemies, men are most inclined to flatter them. 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 demeanour unassuming ; but the interior of his dwelling glitters with luxury, and none but a few chosen guests whom he haughtily styles his equals are allowed to penetrate into this sanctuary. No European noble is more exclusive in his pleasures, or more jealous of the smallest advantages which his privileged station confers upon him. But the very same individual crosses the city to reach a dark counting-house in the centre of traffic, where every one may accost him who pleases. If he meets his cobbler upon the way, they stop and converse; the two citizens discuss the affairs of the State in which they have an equal interest, and they shake hands before they part. But beneath this artificial enthusiasm, and these obse- quious attentions to the preponderating power, it is easy to perceive that the wealthy members of the community enter- tain a hearty distaste to the democratic institutions of their country. The populace is at once the object of their scorn iSs i f: I' I Isi: f \i 1 80 DEMOCRACY IN AMERICA, and of their fears. If the maladministration of the demo- cracy ever brings about a revolutionary crisis, and if mon- archical 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. CFAPTEK XI. 'LIBERTY OF THE PRESS IN THE UNITED STATES. rifficulty of restraining the liberty of the press —Particular reasons which some nations have to cherish this liberty — The liberty of the press a necessary con- sequence of the sovereignty of the people as it is understood in America — Violent language of the periodical press in the United States — Propensities of the periodical press — Illustrated by the United States — Opinion of the Ameri- cans upon the repx'ession of the abuse of the liberty of the press by judicial prosecutions — Reasons for which the press is less powerful in America than in France. The influence of the liberty of the press does not aiFect political opinions alone, but it extends to all the opinions of men, and it modifies customs as well as laws. In another part of this work T shall attempt to determine the degree of influence which the liberty of the press has exercised upon civil society in the United States, and to point out the direc- tion 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 eflFects produced by the liberty of the press in the political world. I confess that I do not entertain that firm and complete attachment to the liberty of the press which things that are supremely good in their very nature are wont to excite in the mind ; and I approve of it more from a recollection of the evils it prevents thr.n from a consideration of the advan- tages it ensures. If any one could point out an intermediate and yet a tenable position between the complete independence and the entire subjection of the public expression of opinion, I should perhaps be inclined to adopt it ; but the difficulty is to discover this position. If it is your intention to correct the abuses of unlicensed printing and to restore the use of orderly language, you may in the first instance try the yet a e and I LIBERTY OF THE PRESS IN THE UNITED STATES. i8i offender by a jury ; but if the jury acquits him, the opinion which was that of a single individual becomes the opinion of the country at large. Too much and too little has therefore hitherto been done. If you proceed, you must bring the de- linquent 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 obscurely hinted at in a single composition is then repeated in a multi- tude 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 censor- ship of the press, the tongue of the public speaker will still make itself heard, and you have only increased the mischief. The powers of thought do not rely, like the powers of physi- cal 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 vocifera- tions of a thousand orators ; and if it be allowed to speak freely in any public place, the consequence is the same as if free speaking was allowed in every village. The liberty of discourse must therefore be destroyed as well as the liberty of the press ; this is the necessary term of your efforts ; but if your object was to repress the abuses of liberty, they have brought you to the feet of a despot. You have been led from the extreme of independence to the extreme of subjec- tion without meeting with a single tenable position for shelter or repose. There are certain nations which have peculiar reasons for cherishing the liberity of the press, independently of the general motives which I have just pointed out. For in cer- tain countries which profess to enjoy the privileges of free- dom every individual agent of the Government may violate the laws with impunity, since those whom he oppresses can- not prosecute him before the courts of justice. In this case the liberty of the press is not merely a guarantee, but it . (. ' ; n; : 'l t ir iSa DEMOCRACY IN AMERICA. 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 of the press, the people would be justified in saying : Give us the right of prosecuting your offences before the ordinary tribunals, and perhaps we may then waive our right of appeal to the tribunal of public opinion. But in the countries in which the doctrine of the sove- reignty of the people ostensibly prevails, the censorship of the press is not only dangerous, but it is absurd. "When the' right of every citizen to co-operate in the government of society is acknowledged, every citizen must be presumed to possess the power of discriminating between the different opinions of his contemporaries, and of appreciating the dif- ferent 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 opposed, and which cjinnot long b'3 retained among the institutions of the same people. Not a single individual of the twelve millions who inhabit the territory of the United States has as yet dared to pro- pose 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 aflfair tho language of Jackson has been that of a heartless despot, solely occuiiicd with tho preservation of his own authority. Ambition is his crime, and t will lie his punishment too: intrigue is his native element, and in- trigue 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 con- fusion. His conduct in thd political arena has been that of a shamelessand lawless gamester. He succeeded at the time, but the hour of retribution approaches, and ho will be obliged to disgorge his winnings, to throw aside his false dice, and to end his days in some retirement, where he may curse his madness at his leisure ; for repentance is a virtue with which his heart is likely Lo remain for ever un- acquainted. It is not uncommonly imagined in France that the viru- lence of the press originates in the uncertain social condi- tion, 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 u certain degree of composure the press will abandon its present vehemence. I am inclined to think that the above causes explain the reason of the extraordinary ascendancy LIBERTY OF THE PRESS IN THE UNITED STATES. 183 it has acquired over the nation, but that they do not exer- cise much influence upon the tone of its language. The periodical press appears to me to be actuated by passions and propensities independent of the circumstances in which it is placed, and the present position of America corro- borates 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 indignation. In America, as in France it con- stitutes a singular power, so strangely composed of mingled good and evil that it is at the same time indispensable to I 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 prosecu- tion 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 PCusequently nothing criminal in an attack upon the existing laws, provided it be not at- tended with a violent infraction of them. They are moreover of opinion that courts of justice are unable to check the abuses of the press ; and that as the subtilty of human language perpetually eludes the severity of judicial analysis, offences of this nature are apt to escape the hand which at- tempts 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 pub- licity, which should pronounce its decrees without assigning its motives, and punish the intentions even more than the language of an author. Whosoever bhould 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 licence i in. order to enjoy the I..' m i84 DEMOCRACY IN AMERICA. I inestimable benefits which the liberty of the press ensures, it is necessary to submit to the inevitable evils which it engenders. To expect to acquire the former and to escape the latter is to cherish one of those illusions which commonly mislead nations in their times of sickness, when, tired with faction and exhausted by eifort, they attempt to combine hostile opinions and contrary principles upon the same soil. The small influence of the American journals is attribu- table to several reasons, amongst which are the following : The liberty of writing, like all other liberty, is most for- midable 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 a':tention. The Anglo-Americans have enjoyed this liberty ever sine the foundation of the settlements ; moreover, the press c& »ot create human passions by its own power, however skilfully it may kindle them where they exist. In America politics are discussed with animation and a varied activity, but they rarely touch those deep passions which are excited whenever the positive interest of a part of the community is impaired : but in the United States the interests of the community are in a most prosperous con- dition. A single glance upon a French and an American newspaper is sufficiont to show the difference which exists between the two nations on this head. In France the space allotted to commercial advertisements is very limited, and the intelligence is not considerable, but the most essential part of the journal is that which contains the discussion of the politics of the day. In America three-quarters of the enormous sheet which is set before the reader are filled with advertisements, and the remainder is frequently occupied by political intelligence or trivial anecdotes : it is on ly from time to time that one finds a corner devoted to passionate discus- sions 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 despots, that the influence of a power is increased in proportion as its direction is rendered more central. In France the press combines a twofold centralization ; almost all its power is centred in the same spot, and v.ited in the sjime hands, for its organs are far from numerous. The influence con- LIBERTY OF THE PRESS IN THE UNITED STATES. 185 of a public press thus constituted, upon a sceptical nation, must be unbounded. It is an enemy with which a Govern- ment 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 direction ; the Americans have established no cen- tral control over the expression of opinion, any more than over the conduct of business. These are circumstances which do not depend on human foresight; but it is owing to the laws of the Union that there are no licences to be granted to printers, no securities demanded from editors as in France, and no stamp duty as in France and formerly in England. The consequence of this is that nothing is easier than to set up a newspaper, and a small number of readers suffices to defray the expenses of the editor. 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 dissemination ; and it is adopted as an axiom of political science in that country that the only way to neutralize the effect of public journals is to multiply them indefinitely. I cannot conceive that a truth which is so self-evident should not already have been more generally admitted in Europe; it is comprehen- sible that the persons who hope to bring about revolutions by means of the press should be desirous of confining its action to a few powerful organs, but it is perfectly incredible that the partisans of the existing state of things, and the natural supporters of the 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 h^ve found to be so trusty a weapon, in orde: 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 imagii. sd 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 ■ '..I 4- ■If i86 DEMOCRACY IN AMERICA. !l ii United States are indeed arrayed on the side of the adminis- tration or against it ; but they attack and defend in a thou- sand different ways. They cannot succeed in forming those great currents of opinion which overwhelm the most solid obstacles. This division of the influence of the press produces a variety of other consequences which are scarcely less remarkable. The facility with which journals can be established induces a multitude of individuals to take a part in them ; but as the extent of competiton precludes the pos- sibility of considerable profit, the most distinguished classes of society are rarely led to engage in these undertakings. But such is the number of the public prints that, even if they were a source of wealth, writers of ability could not be found to direct them all. The journalists of the United States are usually placed in a very humble position, with a scanty edu- cation and a vulgar turn of mind. The will of the majority is the most general of laws, and it establishes certain habits which form the characteristics of each peculiar class of society ; thus it dictates the etiquette practised at courts and the etiquette of the bar. The characteristics of the French journalist consist in a violent, but frequently an eloquent and lofty, manner of discussing the politics of the day; and the exceptions to this habitual practice are only occasional. The characteristics of the American journalist consist in an open and coarse appeal to the passions of the populace; and he habitually abandons the principles of political science to assail the characters of individuals, to track them into private life, and disclose all their weaknesses and errors. Nothing can be more deplorable than this abuse of the powers of thought ; I shall have occasion to point out here- after the influence of the newspapers upon the taste and the morality of the American people, but my present subject ex- clusively concerns the political world. It cannot be denied that the eflfects of this extreme licence of the press tend in- directly to the maintenance of public order. The individuals who are already in the possession of a high station in the esteem of their fellow-citizens are afraid to write in the newspapers, and they are thus deprived of the most powerful instrument which they can use to excite the passions of the multitude to their own advantage.^ 1 They only write in the papers when they choose to address the people in their own name ; us, for instance, when they are called upon to repel calumnious imputations, and to correct a misstatement of factb. LIBERTY OF THE PRESS IN THE UNITED STATES. 187 The personal opinions of the editors have no kind of weight in the eyes of the public : the only use of a journal is, that it imparts the knowledge of certain facts, and it is only by altering or distorting those facts that a journalist can con- tribute to the support of his own views. But although the press is limited to these resources, its influence in America is immense. It is the power ^hich impels the circulation of political life through all the dis- tricts 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 aflibrds a means of intercourse between parties which hear, and which address each other without ever having been in immediate contact. When a great number of the organs of the press adopt the same line of conduct, their influence becomes irre- sistible ; 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.^ I The opinions established in the United States under the empire c* *he liberty of the press are frequently more firmly rooted than those which are r";rraed else- where 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 regu- lated by the strict rules of consistency or of order. But the general principles of the Government are more stable, and the opinions most prevalent in society are generally more durable than in many other countries. When once the Americans have taken up an idea, whether it be well or ill- founded, nothing is more difficult than to eradicate it from their minds. The same tenacity of opinion has been observed in England, where, for the last century, greater freedom of conscience and more invincible prejudices have existed than in all the other countries of Europe. I attribute this 1 See Appendix, P. I88 DEMOCRACY IN AMERICA. consequence to a cause which may at first sight appear to have a very opposite tendency, namely, to the liberty of the press. The itions amongst which this liberty exists are as apt to cling to their opinions from pride as from con- viction. They cherish them because they hold them to be just, and because they exercised their own free-will in choosing them ; and they maintain them not only because they are true, but because they are their own. Several other reasons conduce to the same end. 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 an- other. A man believes implicitly, because he adopts a propo- sition without inquiry. He doubts as soon as he is assailed by the objections which his inquiries may have aroused. But he frequently succeeds in satisfying these doubts, and then he begins to believe afresh : he no longer lays hold on a truth in its most shadowy and uncertain form, but he sees it clearly before him, and he advances onwards by the light it gives him.^ When the liberty of the press acts upon men who are in the first of these tbree states, it does not immediately dis- turb their habit of believing implicitly without investigation, but it constantly modifies the objects of their intuitive con- victions. The human mind continues to discern but one point upon the whole intellectual horizon, and that point is in con- tinual motion. Such are the symptoms of sudden revolu- tions, 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 ^ It may, however, he doubted whether this rational and self-guiding convic- tion arouses us much fervour or enthusiastic devotedness in men as their first dogmatical belief. LIBERTY OF THE PRESS IN THE UNITED STATES. 189 which true knowledge can beget in defiance of the attacks of doubt. It has been remarked that in times of great religious fervour men sometimes change their religious opinions ; whereas in times of general scepticism everyone clings to his own persuasion. The same thing takes place in politics under the liberty of the press. In countries where all the theories of social science have been contested in their turn, the citizens who have adopted one of them stick to it, not so much because they are assured of its excellence, as be- cause they are not convinced of the superiority of any other. In the present age men are not very ready to die in de- fence of their opinions, but they are rareij' 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 aristo- cracy or democracy is most fit to govern a country. But it is certain that democracy annoys one part of the community, and that aristocracy oppresses another part. When the question is reduced to the simple expression of tne struggle between poverty and wealth, the tendency of each side of the dispute becomes perfectly evident without further controversy. I CHAPTER XII. POLITICAL ASSOCIATIONS IN THE UNITED STATES. Daily use which the ^ynglo-Americans make of the right of association — Three kinds of political associations— In what manner the Americans apply the repre- sentative system to associations — Dangers resulting to the State — Great Con- vention of 1831 relative to the Tariff— Legislative character of this Convention — Why the unlimited exercise of the right of association is less dangerous in the United States than elsewhere — Why it may be looked upon as necessary — Utility of associations in a democratic people. In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America. Besides ,; It i; I M 'r !>; i' I ,1 li! 1 ii ! i' HI iqa DEMOCRACY IN AMERICA, 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 assistance when he is quite unable to shift without it. This habit may even be traced in the schools of the rising generation, where the children in their games are wont to submit to rules which they have themselves esta- blished, and to punish misdemeanours which they have them- selves defined. The same spirit pervades every act of social life. If a stoppage occurs in a thoroughfare, and the circu- lation of the public is hindered, the neighbours immediately constitute a deliberative body; and this extemporaneous assembly gives rise to an executive power which remedies the inconvenience before anybody has thought of recurring to an authority superior to that of the persons immediately concerned. If the public pleasures are concerned, an asso- ciation is formed to provide for the splendour and the regu- larity of the entertainment. Societies are formed to resist enemies which are exclusively of a moral nature, and to diminish the vice of intemperance : in the United States associations are established to promote public order, com- merce, industry, morality, 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 eflfects of asso- ciation upon the course of society, and I must confine myself for the present to the political world. When once the right of association is recognised, the citizens may employ it in several diflferent ways. An association consists simply in the public assent which a number of individuals give to certain doctrines, and in the engagement which they contract to promote the spread of those doctrines by their exertions. The right of associa- tion with these views is very analogous to the liberty of unlicensed writing ; but societies thus formed possess more authority than the press. When an opinion is represented by a society, it necessarily assumes a more exact and ex- plicit form. It numbers its partisans, and compromises asso- POLITICAL ASSOC/A T/ONS IN THE UNITED S TA TES. 191 their welfare in its cause: they, on the other hand, become acquainted with each other, and their zeal is increased by their number. An association unites the efforts of minds which have a tendency to diverge in one single channel, and urges them vigorously 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 opportunity of seeing each other ; means of execu- tion 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 applica- tion of the representative system to a party. Thus, in the first instance, a society is formed between individuals professing the same opinion, and the tie which keeps it together is of a purely intellectual nature ; in the second case, small assemblies are formed which only repre- sent a fraction of the party. Lastly, in the third case, they constitute a separate nation in the midst of the nation, a government within the Grovernment. Their delegates, like the real delegates of the majority, represent the entire col- lective force of their party ; and they enjoy a certain degree of that national dignity and great influence which belong to the chosen representatives of the people. It is true that they have not the right of making the laws, but they have the power of attacking those which are in being, and of drawing up beforehand those which they may afterwards cause to be adopted. If, in a people which is imperfectly accustomed to the exercise of freedom, or which is exposed to violent political passions, a deliberating minority, which confines itself to the contemplation of future laws, be placed in juxtaposition to the legislative majority, I cannot but believe that public tranquillity incurs very great risks in that nation. There is doubtless a very wide diflference between proving that one law is in itself better than another and proving that the former ought to be substituted for the latter. But the m I I Pi ) ! 1 , M !< I ! .1 H\ \ t 192 DEMOCRACY IN AMERICA. imagination of the populace is very apt to overlook this differ- ence, 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 jistablished, 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 resti-ained by the abstract consideration of the nature of associations which are meant to direct but not to enforce opinions, to suggest but not to make the laws. The more we consider the independence of the press in its prir^lpal consequences, the more are we convinced that it is the o]iief and, so to speak, ^he constitutive element of free- dom in the modern world. A nation which is determined to remain free is therefore right in demanding the unre- st'-ained exercise of this independence. But the unrestrained liberty of political association cannot be entirely assimilated to the liberty of the press. The one is at the same time less necessary and more dangerous than the other. A nation may confine it within certain limits without forfeiting any part of its seii-cwuLfol ; and it may sometimes be obliged to do so in order to n»aintain its own authority. In America the liberty of association for political pur- poses is unbounded. 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 tariflf was not only a subject of debate as a matter of opinion, but it exercised a favourable or a prejudicial influence upon several very powerful interests of the States. The North attributed a great portion of its prosperity, and the South all its sufferings, to this system ; insomuch that for a long time the tariff was the sole source of the political animosities which agitated the Union. In 1831, when the dispute was raging with the utmost virulence, a private citizen of Massachusetts proposed to all the enemies of the tariff, by means of the public prints, to send delegates to Philadelphia in order to consult together upon the means which were most fitted to promote freedom of trade. This proposal circulated in a few days from Maine to New Orleans by the power of the printing-press : the opponents of the tariff adopted it with enthusiasm ; meetings utmost to all its, to gether eedom Maine j: the ;eting8 POLITICAL ASSOC I A TIONS IN THE UNITED S TA TES. 193 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 the 1st October, 1831, this . assembly, which according to the American custom had taken the name of a Convention, met at Philadelphia ; it consisted of more than two hundred members. Its debates were public, and they at once as- sumed a legislative character; the extent of the powers of Congress, the theories of fro trade, and the different clauses of the tariflF, 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 tariflF 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 political association has not hitherto produced, in the United States, those fatal consequences which might perhaps be- expected from it elsewhere. The right of association was. imported from England, and it has always existed in America ; so that the exercise of this privilege is now amal- gamated 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 preponde- rant, all public authority passes under its control ; its private supporters occupy all the places, and have all the force of the administration at their disposal. As the most distin- guished partisans of the other side of the question are unable to surmount the obstacles which exclude them from power, they require some means of establishing themselves upon their own basis, and of opposing the moral authority of the minority to the physical power which domineers over it. Thus a dangerous expedient is used to obviate a still more for- midable danger. The omnipotence of the majority appears to me to pre- sent such extreme perils to the American Kepublics that the dangerous measure which is used to repress it seems to VOL. I. ■ij 194 DEMOCRACY IN AMERICA. be more advantageous than prejudicial. And here I am about to advance a proposition which may remind the reader of what I said before in speaking of municipal free- dom : There are no countries in which associations are more needed, to prevent the despotism of faction or the arbitrary power of a prince, than those which are democratically con- stituted. In aristocratic nations the body of the nobles and the more opulent part of the community are in them- selves naturpl associations, which act as checks upon the abuses of power. Ill 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 permanent protection against the most galling tyranny ; and a great people may be oppressed by a small faction, or by a single individual, with impunity. The meeting of a great political Convention (for there are Conventions of all kinds), which may frequently become a necessary measure, is always a serious occurrence, even in America, and one which is never looked forward to, by the judicious friends of the country, without alarm. This was very perceptible in the Convention of 1831, at which the exertions of all the most distinguished members of the as- sembly tended to moderate its language, and to restrain the subjects which it treated within certain limits. It is pro- bable, in fact, that the Convention of 1831 exercised a very great influence upon the minds of the malcontents, and pre- pared them fo;* the open revolt against the commercial laws of the Union which took place in 1832. It cannot be denied that the unrestrained liberty of asso- ciation 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 un- known. In America there are numerous factions, but no conspiracies. Different ways in which tho right of nssociation is understood in Europe and in the United States — Different use which is made o£ it. The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with 1 I POLITICAL ASSOCIA TIONS IN THE UNITED S TA TES, 195 those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of as- sociation 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 ele- ment 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 lib- erty degenerates into license, may perhaps be thought use- ful 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 immedi- ately tried in the conflict. A society is formed for discus- sion, but the idea of impending action prevails in the minds of those who constitute it : it is, in fact, an army ; and the time given to parley serves to reckon up the strength and to animate the courage of the host, after which they direct 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 association is understood in the United States. In America the citizens who form the minority associate, in order, in the first place, to show their numerical strength, and so to diminish the moral authority of the majority; and, in the second place, to stimulate competition, and to discover those arguments which are most fitted to act upon the majority; for they always entertain hopes of drawing over their oppo- nents to their own side, and of afterwards 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 ourselves depends on several causes. In Europe there are numerous parties so diametrically opposed to the majority that they can never hope to acquire its support, and at the same time they think that they are sufficiently strong in 'Jii '-n 31 196 DEMOCRACY IN AMERICA. 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 t^■ w N anon, Centre, Franklin, Fayette, Mont- gomery, Jjuzorno, Daur)liin, Hutlei*, Alleghany, Columbia, Northampton, Northum- berland, and Philadelphia, for the year 1830. Their population at that time consisted of 495,207 inhaljitants. On looking at the map of Pennsylvania, it will bo soon t hat these thirteen counties are scattered in every direction, and so generally alfectcd by the causes which usually influence the condition of a cmintry, that they may easily be supposed to furnish a correct average of the financial state of the counties of Pennsylvania in general ; and thus, upon reckoning that the expenses of these counties amounted in the year 1830 to about 72,330/., or nearly 3s. for each inliabitant, and calculating that each of them contributed in the same year about 10.S'. 2(Z. towards tiie Union, and about 38. to the State of Pennsylvania, it appears that they each contrilmted as their share of al' the public expenses (ex- cept those of the townships) the sum of 16s. 2d This calculation is doubly in- complete, 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. I Those who have attempted to di'aw a comparison between the expenses of France and America have at once perceived that no such com;/ii)ison could bo drawn between the total expenditui'oof the twocountrjes ; but thoy h.tvo endeavoured to contrast detached portions of this expenditure. It may readily be ■ hown that this second system is not at all less defective than the first. If I a(teaipt to compare the Frencii budget with the budget of the Union, it must bo remembered that the latter embraces much fewer objects than the central Grovernment of the former lountry.and that tho exptuidituro must consequently be much smaller. If I contrast the budgets of the Departments with those <>f the States whiah constitute tho Union, it must iio observed that, as tho power and control oxerci.-jed l)y tiio States is much greater than that which is exercised by the Departments, their expenditure is also more considera!)le. As for tho budgets of tho counties, nothing of the kind occurs in tho Frencli systen' of finances ; and it is, again, doubtful whether tho correspond- ing cxiiensos should bo referred to tho budget of the State or to those of the municipal divisions, l^'unicipal expenses exist in both countries, but thoy are not always aiialogour. In ^Vm>n'ica the townships discharge a variety of offices which are nserved in France to the Departnuuits ar to the State. It may, moreover, bo asked what is to bo understood by tho municipal expenses of America. Tho « % 11 214 DEMOCRACY IN AMERICA. inquire what the Americans might do to forward t!:i8 inquiry, since it is certain that they have hitherto done nothing at all. There does not exist a single individual at the present day, in America or in Europe, who can inform us what each citi- zen of the Union annually contributes to the public charges of the nation.^ Hence we must conclude that it is no less diffici.lt to com- pare 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 nislead instead of guiding aright. The luind is easily imposed upon by the false affectation of exactness, which prevails even in the mis-statements of science, and it adopts with confidence errors forms of mathematical truth. which are dressed in the w m i > i \n i organisation of the municipal bodies or townships differs \v the several States. Are we to be guided by what occurs in New England or in Georgia, in Pennsyl- vania or in the State of Illinois ? A kind of analogy jnay very readily be perceived between certain budgets in the two countries ; but as iiie elements of which they are composed always differ more or less, no fair coinj^,urison can be instituted between them. [Tho same difficulty exists, perhaps to a greater degree at the present time, when the taxation of America has largely iij-r-iafed.— 1874.] 1 Even if we knew the exact pecuniary contributio;.!: of evei-y French and American citizen to tb j coffers of the State, we should on! v ijome at a portion of the truth. Grovernmonts do not only demand supplies of money, but they call for personal services, I which may b > looked upon as equivalent to a given sum. When a State raises d i army, beildoj the pay of the troops, which is furnished by the entire nation, each soldier \vr\-S ■ ive up his time, the value of which depends on the use he might, make of it it ho were not in the service. The same remark applies to the militia ; the citizen who is in the militia devotes a certain portion of valuable time to the maintenance of tho public peace, and he does in reality sui*- render to the State those earnings which he is prevented from gaining. Many other instances might be cited in addition to those. 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 nof- the last of the difficulties which prevent us from com- paring the expenditufo of the Union with that of France. The French Oovorn- ment contracts certain obligations which do not exist in America, and cice venA. The French Government pays the clergy; in America the voluntary principle pre- vails. In America there is a legal provision for the poor ; ir. Fi'unce they are abandoned to the charity of tho public, Tho French public offieera are paid by a fixed salary ; in America Uiey are allowed certain perquisites. In France con- tributions in kind take place on very few roads; in America upon almost all tli'i thoroughfares: in the former couniry tho roads are free to all travellers*; in tho latter turnpil' s abound. All these differences in the manner ir. which contribu- ti >ns are le\ led in tho two countries enhance the difficulty of comparing their ox- ^rtindituro ; for there are certain expenses which tho citizens would not l)o subject to, or wiiich would at any rate be much less considerable, if tho State did not take upon itself to act in the name of the public. tha GOVERNMENT OF THE DEMOCRACY IN AMERICA. 22t, We abandon, t\ /efore, our numerical investigation, v i.h tb.e hope of meeting with data of another kind. In tbi. 'b- sence of positive documents, we may form an opinion , to the proportion which the taxation of a people bears to ltd real prosperity, by observing whether its external appearance is flourishing ; whether, after having discharged the calls of the State, the poor man retains the means of subsistence, and the rich the means of enjoyment; and whether both classes are contented with their position, seeking, however, to ame- liorate it by perpetual exertions, so that industry is never in want of capital, nor capital unemployed by industry. The observer who draws his inferences from these signs will, un- doubtedly, be led to the conclusion that the American of the United States contributes a much smaller portion of his income to the State than the citizen of France. Nor, indeed, can the result be otherwise. A portion of the French debt is the consequence of two successive invasions ; and the Union has no similar calamity to fear. A nation placed upon the continent of Europe is obliged to' maintain a large standing army ; the isolated posi- tion of the Union enables it to have only 6,000 soldievs. i'he French have a fleet of 300 sail ; the Americans have 62 ves- sels.^ How, then, can the inhabitant of the Union be called upon to contribuie as largely as the inhabitant of Franc?: ? No parallel can be drawn between the finances of L'^o jcu*?' .ies so differently situated. It is by examining what actually take? ]ilace in tli.e Union, and not by comparing the Union with France, Ih. < we may discover whether the American Government is really e ronom- ical. On casting my eyes over the different republics vvhich form the confederation, I perceive that their Governments lack perseverance in their undertakings, and that they exer- cise no steady control over the men whom they employ. Whence I naturally infer that they must often ijpend the money of the people to no purpose, or consume more of it than is really necessary to their undertakings. Great efforts are made, In accordance with the democratic origin of society, to satisfy the exigencies of the lower orders, to open the ^1 1 Soo tho details in the Uudget of the French Minister of Marino; and for America, tho National Caioudar of 1833, p 228. [But tho public debt of the United States in 1870, causod by tho Civil War, amounted to 2,480,672, 4ii7 dollars; that of Franco was more than doubled by the extra vagsuce of tho Second Empire and by the war of 1870. ] VOL. I. d I I ii i hi ill 226 DEMOCRACY IN AMERICA. career of power to their endeavours, and to diffuse knowledge and comfort amongst them. The poor are maintained, im- mense sums are annually devoted to public instruction, all services whatsoever are remunerated, and the most subordi- nate agents are liberally paid. If this kind of government appears to me to be useful and rational, I am nevertheless constrained to admit that it is expensive. Wherever the poor direct public affairs and dispose of the national resources, it appears certain that, as they profit by the expenditure of the State, they are apt to augment that expenditure. I conclude therefore, without having recourse to inaccu- rate computations, and without hazarding a comparison which might prove incorrect, that the democratic govern- ment of the Americans is not a cheap government, as is sometimes asserted; and I have no hesitation in predicting that, if the people of the United States is ever involved in serious difficulties, its taxation will speedily be increased to the rate of that which prevails in the greater part of the aristocracies and the monarchies of Europe.' COERUPTION AND VICES OF THE RULERS IN A DEMOCRACY, AND CONSEQUENT EFFECTS UPON PUBLIC MORALITY. In br.'stocracies rulers sometimes endeavour to corrupt the people — In democracies rulers frequently show thonjselves to be corrupt— In the former their vices are directly prejuiliciul 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 govern- Pxieats the individuals who are placed at the head of affairs arf^ r ih men, who are solely desirous of power. In democra- vi.)s tatesmen are poor, and they have their fortunes to make. The consequence is that in aristocratic States the rulers are rarely accessible to con'uption, and have very is. 'tie craving for money ; whilst the reverse is the case in democratic nations. But in aristocracies, as those who are desirous of arriving at the head of affairs are possessed of considerable wealth, ^ [That is precisely what has since occurred.] GOVERNMENT OF THE DEMOCRACY IN AMERICA. 227 and as the number of persons by whose assistance they may rise is comparatively small, the government is, if I may use the expression, put up to a sort of auction. In democracies, on the contrary, those who are covetous of power are very seldom wealthy, and the number of citizens who confer that power is extremely great. Perhaps in democracies the num- ber of men who might be bought is by no means smaller, but buyers are rarely to be met with ; and, besides, it would be necessary to buy so many persons at once that the attempt is rendered nugatory. . Many of the men who have been in the administration in France during the last forty years have been accused of making their fortunes at the expense of the State or of its allies ; a reproach which was rarely addressed to the public characters of the ancient monarchy. But in France the practice of bribing electors is almost unknown, 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 aristocracy sometimes endeavour to corrupt the people, the heads of a democracy are themselves corrupt. In the former case the morality of the people is directly assailed ; in the latter an indirect influence is exercised upon the people which is still more to be dreaded. As the rulers of democratic nations are almost always ex- posed to the suspicion of dishonourable conduct, they in some measure lend the authority of the Government to the base practices of which they are accused. They thus afiFord an example which must prove discouraging to the struggles of virtuous independence, and must foster the secret calcula- tions of a vicious ambition. If it be l ted that evil pas- sions are displayed in all ranks of society, that they ascend the throne by hereditary right, and that despicable charac- ters are to be met with at the head of aristocratic nations as well as in the sphere of a democracy, this objection has but little weight in my estimation. The corruption of men who have casually risen to power has a coarse and vulgar infection in it which renders it contagious to the multitude. On the contrary, there is a kind of aristocratic refinement and an i ■!li! '!| il 'w« ly ii i w Hi ' I 228 DEMOCRACY IN AMERICA. II Hi '^. II i '}'} I nn^ air of grandeur in the depravity of the great, which fre- quently prevent it from spreading abroad. The people can never penetrate into the perplexing laby- rinth 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 favours of the State, are arts which the meanest villain may comprehend, and hope to practise in his turn. In reality it is far less prejudicial to witness the immo- rality of the great than to witness that immorality which leads to greatness. In a democracy private citizens see a man of their own rank in life, who rises from that obscure position, and who becomes possessed of riches and of power in a few years ; the spectacle excites their surprise and their envy, and they are led to inquire how the person who was yesterday their equal is to-day their ruler. To attribute his rise to his talents or his virtues is unpleasant ; for it is tacitly to acknowledge that they are themselves less virtuous and less talented than he was. They are therefore led (and not unfrequently their conjecture is a correct one) to impute his success mainly to some one of his defects ; and an odious mixture is thus formed of the ideas of turpitude and power, un worthiness and success, utility and dishonour. EFFORTS OF WHICH A DEMOCRACY IS CAPABLE. The Union has only had one struggle hitherto for its existence — Enthusiasm at the commencement of the wax* — Indifference towards its close — Difficulty of establishing military conscription or impressment of seamen in America — Why .a democratic people is less capable of sustained effort than another. I here warn the reader that I speak of a government which implicitly follows the real desires of a people, and not of a government which simply commands in its name. No- thing 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 at a crisis in the his- h fre- laby- Itj in niiers, ;e the •e arts )pe to immo- which see a bscure power d their tio was ite his tacitly us and nd not lite his odious power, isiasm at [ficulty of ca— Why rnment md not No- iing in 3S that ajority, ad the Qocratic :he his- GOVERNMENT OF THE DEMOCRACY IN AMERICA, 229 tory of the nation. But no great democratic republic has hitherto existed in the world. To style the oligarchy which ruled over France in 1793 by that name would be to offer an insult to the republican form of government. The United States afford the first example of the kind. 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 inde- pendence, but was very ill-disposed to undergo the privations- by which alone it could be obtained. * Tax laws,* says. Hamilton in the ' Federalist ' (No. 12), * have in vain been multiplied; new methods to enforce the collection have in vain been tried ; the public expectation has been uniformly disappointed and the treasuries of the States have remained empty. The popular system of administration inherent in the nature of popular government, coinciding with the real scarcity of money incident to a languid and mutilated state of trade, has hitherto defeated every experiment for extensive collections, and has at length taught the different legislatures the folly of attempting them.' 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 Grovern- ment, 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.^ 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 ' One of the most singular of these occiirrences was the resolution which the Americans took of temporarily abandoning the use of tea. Those who know that mtn usually cling more to their habits than to their life will doubtless admire this great though obscure sacrifice which was made by a whole people. '■* [The Civil War showed that when the necessity arose the American people, both in the North and in the South, are capable of making the most enormous sacrifices, both in money and in men,] w i 230 DEMOCRACY IN AMERICA. ! enlistment that I do not imagine it can ever be sanctioned by the laws. What is termed the conscription in France is assuredly the heaviest tax upon the population of that coun- try; 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 corre- sponds to the French system of maritime conscription ; the navy, as well as the merchant service, is supplied by volun- tary service. But it is not easy to conceive how a people can sustain a great maritime war without having recourse to one or the other of these two systems. Indeed, the Union, which has fought with some honour upon the seas, has never pos- sessed a very numerous fleet, 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 displays far more energy than one which is not so. But I incline to believe that this is more especially the case in those free nations in which the democratic element prepon- derates. Democracy appears to me to be much better adapted for the peaceful conduct of society, or for an occa- sional effort of remarkable vigour, than for the hardy and prolonged endurance of the storms which beset the political existence of nations. The reason is very evident ; it is en- thusiasm which prompts men to expose themselves to dangers and privations, but they will not support them long without reflection. There is more calculation, even in the impulses of bravery, than is generally attributed to them ; and although the first effiorts are suggested by passion, per- severance 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 suff'erings GOVERNMENT OF THE DEMOCRACY IN AMERICA. 231 ctioned ance is t coun- ted on British I corre- m ; the volun- ple can to one , which er pos- e small essively Union he seas aritime , which nent or people But I 3ase in prepon- better n occa- dy and )olitical is en- ves to tn long in the them ; n, per- pose in rder to bunded which ilace is BFerings are great, it is to be feared that the still greater sufferings attendant upon defeat will be forgotten. Another cause tends to render the efforts of a democratic government less persevering than those of an aristocracy. Not only are the lower classes less awakened than the higher orders to the good or evil chanoes of the future, but they are liable to suffer far more acutely from present privations. The noble exposes his life, indeed, but the chance of glory is equal to the chance of harm. If he sacrifices a large portion of his income to the State, he deprives himself for a time of the pleasures of affluence; but to the poor man death is embel- lished by no pomp or renown, and the imposts which are irk- some to the rich are fatal to him. This relative impotence of democratic republics is, per- haps, 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 neces- sary 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 demo- cratic country remained during a whole century subject to a republican government, it would probably at the end of that period be more populous and more prosperous than the neigh- bouring despotic States. But it would have incurred the risk of being conquered much oftener than they would in that )se laps years. SELF-CONTROL OF THE AMERICAN DEMOCRACY. The American people acquiesces slowly, or frequently does not acquiesce, in what is beneficial to its interests — The faults of the American democracy are for the most part reparable. The difficulty which a democracy has in conquering the passions and in subduing the exigencies of the moment, with a view to the future, is conspicuous in the most trivial occurrences of the United States. The people, which is sur- rounded by flatterers, has great difficulty in surmounting its inclinations, and whenever it is solicited to undergo a priva- tion or any kind of inconvenience, even to attain an end which > • W% .■:^| iiti iff ll IMAGE EVALUATION TEST TARGET (MT-3) V /> A J f/j fA 1.0 I.I ■^1^ 12.5 1^ IM 112.2 !^ ii4 |L25 1 ,.4 ^ A" ► ^- <* Vi # /< 7 7 /{^^ Photographic Sciences Corporation 33 WIST MAIN STRHT WEBSTER, NY. 14580 (716) •73-4S03 232 DEMOCRACY JN AMERICA. I is sanctioned by its own rational conviction, it almost always refuses to comply at first. The deference of the Americans to the laws has been very justly applauded; but it must be added that in America the legislation is made by the people and for the people. Consequently, in the United States, the law favours those classes which are most inte- rested in evading it elsewhere. It may therefore be supposed that an offensive law, which should not be acknowledged to be one of immediate utility, would either not be enacted or would not be obeyed. " In America there is no law against fraudulent bank- ruptcies; not because they are few, but because there are a great number of bankruptcies. The dnad of being prose- cuted as a bankrupt acts with more intensity upon the mind of the majority of the people than the fear of being in- volved in losses or ruin by the failure of other parties, and a sort of guilty tolerance 'is extended by the public con- science to an offence which everyone condemns in his indi- vidual capacity. In the new States of the South-West 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 invest- ing the law with adequate force, and who prefer duels to prosecutions. Some one observed to me one day, in Philadelphia, that almost all crimes in America are caused by the abuse of in- toxicating liquors, which the lower classes can procure i.i great abundance, from their excessive cheapness. * How comes it,' said I, * that you do not put a duty upon brandy ? ' * Our legislators,* "rejoined my informant, * have frequently thought of this expedient ; but the task of putting it in operation is a difficult one ; a revolt might be apprehended, and the members who should vote for a law of this kind would be sure of losing their seats.' * Whence I am to infer,' replied J, * that the drinking population constitutes the majority in your country, and that temperance is some- what unpopular.' When these things are pointed out to the American statesmen, they content themselves with assuring you that time will operate the necessary change, and that the expe- rience of evil will teach the people its true interests. This is frequently true, although a democracy is more liable to error GOVERNMENT OF THE DEMOCRACY IN AMERICA. 233 that some- error than a monarch or a body of nobles ; the chances of its re- gaining the right path, when once it has acknowledged its mistake, are greater also ; because it is rarely embarrassed by internal interests, . which conflict with those of the majority, and resist the authority of reason. But a democracy can only obtain truth as the result of experience, and many nations may forfeit their existence whilst they are awaiting the con- sequences of their errors. The great privilege of the Americans does not simply consist in their being more enlightened than other nations, but in their being able to repair the faults they may commit. To which it must be added, that a democracy cannot derive substantial benefit from past experience, unless it be arrived at a certain pitch of knowledge and civilization. There are tribes and peoples whose education has been so vicious, and whose character presents so strange a mixture of passion, of ignorance, and of erroneous notions upon all subjects, that they are unable to discern the causes of their own wretched- ness, and they fall a sacrifice to ills with which they are unacquainted. I have crossed vast tracts of country that were formerly inhabited by powerful Indian nations which are now extinct; I have myself passed some time in the midst of mutilated tribes, which witness the daily decline of their numerical strength and of the glory of their independence ; and I have heard these Indians themselves anticipate the impend- ing doom of their race. Every European can perceive means which would rescue these unfortunate beings from inevitable destruction. They alone are insensible to the expedient ; they feel the woe which year after year heaps upon their heads, but they will perish to a man without accepting the remedy. It would be necessary to employ force to induce them to submit to the protection and the constraint of civilization. The incessant revolutions which have convulsed the South American provinces for the last quarter of a century have frequently been adverted to with astonishment, and expecta- tions have been expressed that those nations would speedily return to their natural state. But can it be affirmed that the turmoil of revolution is not actually the most natural state of the South American Spaniards at the present time? In that country society is plunged into difficulties from which all its efforts are insufficient to rescue it. The inhabitants of ^': ! m •4 2.34 DEMOCRACY IN AMERICA. il that fair portion of the Western Hemisphere seem ob- stinately bent on pursuing the work of inward havoc. If they fall into a momentary repose from the effects of ex- haustion, that repose prepares them for a fresh state of frenzy. When I consider their condition, which alternates between misery and crime, I should be inclined to believe that despotism itself would be a benefit to them, if it were possible that the words despotism and benefit could ever be united in my mind. CONDUCT OF FOREIGN AFFAIRS BY THE AMERICAN DEMOCRACY. Direction given to the foreign policy of the United States by Washington and Jefferson — Almost all the defects inherent in democratic 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 permanent direction of the external interests of the nation to the President and the Senate,* which tends in some de- gree to detach the general foreign policy of the Union from the 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 ad- mirable letter which he addressed to his fellow-citizens, and which may be looked upon as his political bequest to the country : * The great rule of conduct for us in regard to foreign nations is, in extending our commercial relations, to have with them as little 'political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect g^od 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 contro- versies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to im- plicate ourselves, by artificial ties, in the ordinary vicissitudes 1 'The President,' says the Constitution, Art. II., sect. 2, § 2, 'shall have power, by and wi^h the advice and consent of the Senate, to make treaties, pro- vided two-thirds of the senatora 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. GOVERNMENT OF THE DEMOCRACY IN AMERICA. 235 of her politics, or the ordinary combinations and collisions of her friendships or enmities. Our detached and distant situa- tion invites and enables us to pursue a diflferent course. If we remain one people, under an efficient government, the period is not far off when we may defy material injury from external annoyance ; when we may take such an attitude as will cause the neutrality we may at any time resolve upon to be scrupulously respected ; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by justice, shall counsel. Why forego the advantages of so peculiar a situa- tion? Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humour, or caprice ? It is OUT 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 affairs, that honesty is always the best policy. I repeat it, therefore, let those engagements be observed in their genuine sense; but in my opinion it is unnecessary, and would be unwise, to extend them. Taking care alwayc to keep our- selves, by suitable establishments, in a respectable defensive posture, we may safely trust to temporary alliances for extra- ordinary emergencies.' In a previous part of the same letter Washington makes the following admirable and just remark : *The nation which indulges towards another an habitual hatred or an habitual fondness 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 interest of the Americans consisted in a perfect neutrality 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 J , '< ■ 236 DEMOCRACY JN AMERICA. Americans ought never to s Aicit any privileges from foreign nations, in order not to be ooliged to giant 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 simplified the foreign policy of the United States. As the Union takes no part in the affairs of Europe, it has, properly speaking, no foreign interests to discuss, since it has at present no powerful neighbours on the American continent. The country is as much removed from the passions of the Old World by its position as by the line of policy which it has chosen, and it is neither called upon to repudiate nor to espouse the conflicting interests of Europe; whilst the dis- sensions 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 circumstances ; or to accept that immense inheri- tance which they derive from their forefathers — an inheri- tance of glory mingled with calamities, and of alliances conflicting with national antipathies. The foreign policy of the United States is reduced by its very nature to await the chances of the future history of the nation, and for the present it consists more in abstaining from interference than in exerting its activity. 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 sus- pend their judgment. As for myself I have no hesitation in avowing my conviction, that it is most especially in the con- duct of foreign relations that democratic governments appear to me to be decidedly inferior to governments carried on upon different principles. Experience, instruction, and habit may almost always succeed in creating a species of practical dis- cretion in democracies, and that science of the daily occur- rences of life which is called good sense. Good sense may suffice to direct the ordinary course of society ; and amongst a people whose education has been provided for, the advan- tages of democratic liberty in the internal affairs of the coun- try may more than compensate for the evils inherent in a and GOVERNMENT OF THE DEMOCRACY IN AMERICA. 237 democratic government. But such is not always the case in the mutual relations of foreign nations. Foreign politics demand scarcely any of those qualities which a democracy possesses ; and they require, on the con- trary, the perfect use of almost all those faculties in which it is deficient. Democracy is favourable to the increase of the internal resources of the State ; it tends to diffuse a moderate independence ; it promotes the growth of public spirit, and fortifies the respect which is entertained for law in all classes of society; and these are advantages which only exercise an indirect influence over the relations which one people bears to another. But a democracy is unable to regulate the de- tails of an important undertaking, to persevere in a design, and to work out its execution in the presence of serious obsta- cles. 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 attains to a predominant position. If, on the contrary, we observe the natural defects of aris- tocracy, we shall find that their influence is comparatively innoxious in the direction of the external affairs of a State. The capital fault of which aristocratic bodies may be accused is that they are more apt to contrive their own advantage than that of the mass of the people. In foreif^n politics it is rare for the interest of the aristocracy to be in any way dis- tinct from that of the people. The propensity which democracies have to obey the im- pulse of passion rather than the suggestions of prudence, and to abandon a mature design for the gratification of a momen- tary caprice, was very clearly seen in America on the break- ing out of the French Revolution. It was then as evident to the simplest capacity as it is at the present time that the interest of the Americans forbade them to take any part in the contest which was about to deluge Europe with blood, but which could by no means injure the welfare of their own country. Nevertheless the sympathies of the people declared themselves with so much violence in behalf of France that nothing but the inflexible character of Washington, and the immense popularity which he enjoyed, could have prevented the Americans from declaring war against England. And even then, the exertions which the austere reason of that great man made to repress the generous but imprudent I. !l ;u \ 338 DEMOCRACY JN AMERICA. passions of his fellow-citizens, very nearly deprived him of the sole recompense which he had ever claimed — that of his country's love. The majority then reprobated the line of policy which he adopted, and which has since been unani- mously approved by the nation.^ If the Constitution and the favour of the public had not entrusted the direction of the foreign afifairs of the country tc 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 pow- erful influence upon the destiries of the world by conceiving, following up, and executing vast designs — from the Bomans to the English — have been governed by aristocratic institu- tions. Nor will this be a subject of wonder when we recollect that nothing in the world has so absolute a fixity of purpose as an aristocracy. The mass of the people may be led astray by ignorance or passion ; the mind of a king may be biassed, and his perseverance in his designs may be shak<»n — besides which a king is not immortal — but an aristocratic body is too numerous to be led astray by the blandishments of in- trigfn^. and yet not numerous enough to yield readily to thp ; oxicating influence of unreflecting passion: it has thf aergy of a firm and enlightened individual, added to the power which it derives from its perpetuity. 1 See the fifth volume of Marshall's ' Life of Washington.' ' In a government constituted like that of the United States,' he says, ' it is impossible for the chief magistrate, however firm he may be, to oppose for any length of time the torrent of popular opinion ; and the prevalent opinion of that day seemed to in- cline 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 Eepre- sentatives.' The violence of the language used against him in public was extreme, and in a political meeting they did not scruple to compare him indirectly to the treacherous Arnold. ' By the opposition,' says Marshall, ' the friends of the ad- ministration were declared to be an aristocratic and corrupt faction, who, from a desire to introduce monarchy, were hostile to France and under the influence of Britain; that they were a paper nobility, whose extreme sensibility at every measure which threatened the funds, induced a tame submission to injuries and insults, which the interests and honour of the nation required them to resist.' V GOVERNMENT OF THE DEMOCRACY IN AMERICA. 239 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 me to be one of the forms of government which a democracy may adopt ; but I do not regard the American Constitution as the best, or as the only one, which a democratic people may establish. In showing the advantages which the Americans derive from the government of democracy, I am therefore very far from meaning, or from believing, that similar a i vantages can only be obtained from the same laws. GENERAL TENDENCY OF THE LAWS UNDER THE RULE OF THE AMERICAN DEMOCRACY, AND HABITS OF THOSE WHO APPLY THEM. Defects of a democratic government easy to be discovered — Its advantages only to be discerned by long observation — Democracy in America often inexpert, but the gene^til tendency of the laws advantageous — In the American democracy public officers have no permanent interests distinct from those of the majority — ^Result of this state of things. The defects and the weaknesses of a democratic govern- ment may very readily be discovered; they are demon- strated by the most flagrant instances, whilst its beneficial influence is less perceptibly exercised. A single glance suf- fices to detect its evil consequences, but ita good qualities can only be discerned by long observation. The laws of the American democracy are frequently defective or incomplete ; they sometimes attack vested rights, or give a sanction to others which are dangerous to the community ; but even if they were good, the frequent changes which they undergo would be an evil. How comes it, then, that the American republics prosper and maintaii their position ? In the consideration of laws a distinction must be care- fully observed between the end at which they aim and the 240 DEMOCRACY IN AMERICA. iii means by which they are directed to that end, between their absolute and their relative excellence. If it be the intention of the legislator to favour 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 majority of the citizens, who are subject to error, but who cannot have an interest opposed to their own advantage. The laws of an aristocracy tend, on the contrary, to concen- trate wealth and power in the hands of the minority, because an aristocracy, by its very nature, constitutes a minority. It may therefore be asserted, as a general proposition, that the purpose of a democracy in the conduct of its legisla- tion is useful to a greater number of citizens than that of an aristocracy. This is, however, the sum total of its advantages. Aristocracies are infinitely more expert in the science of legislation than democracies ever can be. They are pos- sessed of a self-control which protects them from the errors of temporary excitement, and they form lasting designs which they mature with the assistance of favourable oppor- tunities. Aristocratic government proceeds with the dex- terity of art ; it understands how to make the collective force of all its laws converge at the same time to a given point. Such is not the case with democracies, whose laws are almost always ineffective or inopportune. The means of democracy are therefore more imperfect than those of aristocracy, and the measures which it unwittingly adopts are frequently opposed to its own cause; but the object it has in view h more useful. Let us now imagine a community so organized by nature, or by its constitution, that it can support the transitory ac- tion of bad laws, and that it can await, without destruction, the general tendency of the legislation : we shall then be able to conceive that a democratic government, notwith- standing its defects, will be most fitted to conduce to the prosperity of this community. This is precisely what has occurred in the United States; and I repeat, what I have before remarked, that the great advantage of the Americans ADVANTAGES OF DEMOCRACY. 241 en their itention J at the s are so rith the may be le more Lses. welfare 'om the )ut who rantage. concen- becauae :ity. It >n, that legisla- an that I of its ience of ire pos- errors designs oppor- le dex- ve force a point. almost Qtcracy cy, and quently view Vi consists in their being able to commit faults which they may afterwards repair. An analogous observation may be made respecting public officers. It is easy to perceive that the American democracy frequently errs in the choice of the individuals to whom it entrusts the power of the administration ; but it is more dif- ficult 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 else- where, the governed, on the other hand, are more enlightened and more attentive to their interests. As the people in democracies is more incessantly vigilant in its affairs and more jealous of its rights, it prevents its representatives from abandoning that general line of conduct which its own inte-- rest 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 c^ time. But there is yet another reason which is still more general and conclu- sive. It is no doubt of importance to the welfare of nations that they should be governed by men of talents and virtue ; but it is perhaps still more important that the interests of those men should not differ from the interests of the <. >mmu- nityat large; for, if such were the case, virtues of a T'gh. order might become useless, and talents might be tu' to • a bad account. I say that it is important that the ii ^ '^s 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 equally favourable to the prosperity and the development of all the classes into which society is divided. These classes continue t-» form, as it were, a certain number of distinct nations in the same nation ; and experience has shown that it is no less dangerous to place the fate of these classes ex- clusively in the hands of any one of them than it is to make one people the arbiter of the destiny of another. "When the rich alone govern, the interest of the poor is always endan- gered; and when the poor make the laws, that of the rich incurs very serious risks. The advantage of democracy does not consist, therefore, as has sometimes been asserted, in VOL. I. R it 242 DEMOCRACY IN AMERICA. lit V- I \'. favouring 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 affairs in the United States are frequently inferior, both in point of capacity and of morality, to those whom aristocratic institutions would raise to power. But their interest is iden- tified and confounded with that of the majority of their fellow-citizens. They may frequently be faithless and fre- quently mistaken, but they will never systematically adopt a line of conduct opposed to the will of the majority ; and it is impossible that they should give a dangerous or an exclusive tendency to the government. 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 him- self; and these two men will never unite their endeavours to promote the corruption and inaptitude of their remote pos- terity. The ambition and the manoeuvres of the one will serve, on the contrary, to unmask the other. The vices of a magistrate, in democratic states, are usually peculiar to his own person. 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 supported by a portion of the community, as well as by the Government of which he is a member. The common purpose which connects the interest of the magistrates in aristocracies with that of a portion of their cotemporaries identifies it with that of future generall^ns; their influence belongs to the future as much as to the present. I = ting to public oth in ocratic } iden- f their ad fre- idopt a ad it is [elusive ,te is a period do not anently ate will simply as him- '^ours to )te pos- ne will ces of a • to his swayed les con- quently lasting to coa- an end of the he per- portion elongs ,1 func- stantly by the ADVANTAGES OF DEMOCRACY. 243 The ai'istocratic magistrate is urged at the same time towards the same point by the passions of the community, by his own, and I may almost add by those of his posterity. Is it, then, wonderful that he does not resist such repeated impulses? And indeed aristocracies are often carried away by the spirit of their order without being corrupted by it ; and they 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 honourable and enlightened individuals to the government of a country. It cannot, however, escape observation that in the legislation of England the good of the poor has been sacrificed to the advantage of the rich, and the rights of the majority to the privileges of the few. The 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.* In the United States, where the public oflBcers have no interests to promote connected with their caste, the general and constant influence of the Government is beneficial, although the individuals who conduct it are frequently un- skilful 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 commu- nity, notwithstanding their private vices and mistakes; whilst in aristocratic institutions there is a secret propensity which, notwithstanding the talcLts and the virtues of those who conduct the government, leads them to contribute to the evils which oppress their fellow-creatures. In aristocratic governments public men may frequently do injuries which they do not intend, and in democratic states they produce advantages which they never thought of. * [The legislation of England for the last forty years is certainly not fairly open to this criticism, which was written before the Keform Bill of 1832, and accordingly Great Britain has thus far escaped and surmounted the perils and calamities to which she seemed to be exposed.] •■ (.' ill of the If their t'ai'l:>ns ; )resent. R 2 I 244 DEMOCRACY IN AMERICA. PUBLIC SPIRIT IN THE UNITED STATES. Patriotism of instinct- -Patriotism of reflection — ^Their different characteristics — Nations ought to strive to acquire the second when the first has disappeared — Efforts of the Americans to acquire it — Interest f^ the individual intimately connected with that of the country. There is one sort of patriotic attachment which princi- pally arises from that instinctive, disinterested, and undefin- able feeling which connects the affections of man with his birthplace. This natural fondness is united to a taste for ancient customs, and to a reverence for ancestral traditions of the past; those who cherish it love their country as they love the mansion of their fathers. They enjoy the tranquillity which it affords them ; they cling to the peaceful habits which they have contracted within its bosom; they are attached to the remmiscences which it awakejis, 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 pro- digious efforts. It i? in itself a kind of religion ; it does not reason, but it acts from the iinpulse of faith and of sentiment. By some nations the monarch has been regarded as a person- ification of the country ; and the fervour of patriotism being converted into the fervour of loyalty, they took a sympathetic pride in his conquests, and gloried in his power. At one time, under tho ancient monarchy, the French felt a sort of satisfaction in the sense of their dependence upon the arbi- trary 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 motives of continuous endeavour. 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 legiti- macy has never been contested, this instinctive patriotism is wont to endure. But there is another species of attachment io a country which is more rational than the one we have been describing. It is perhaps less generous aud leRS ardent, but it is more \ ADVANTAGES OF DEMOCRACY, 245 teristics — ppeared — Intimately pnnci- indefin- dth his aste for 'aditions as they iquillity L habits hey are nd they they are religious lost pro- does not itiment. person- na being pathetic At one sort of le arbi- ay with dng in riotism ply the tate in ow the Inanners society legiti- )tism is country cribing. is more \ fruitful and more lasting; it is coeval with the spread of knowledge, it is nurtured by the laws, it f^rows by the exer- cise of civil rights, and, in the end, it is jd founded with the personal interest of the citizen. A man comprehends the influence T7hich the prosperity of his country has upon his own welfare ; he is aware that the laws authorize him to contribute bis assistance to that prosperity, and he labours to promote it as a portion 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 ex- istence of a nation, at which the ancient customs of a people are changed, public morality destroyed, religious belief dis- turbed, and the spell of tradition broken, whilst the diflfii- sion of knowledge is yet imperfect, and the civil rights of the community are ill secured, or confined within very nan dw 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 8oil 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 legis- lator, 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 entrench themselves within the dull precincts of a narrow egotism. They are emancipated from prejudice without having acknowledged the empire of reason ; they are neither animated by the in- stinctive 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 child- hood ; such things may be regretted, but they cannot ba renewed. The only thing, then, which remains to be done is to proceed, and to accelerate the union of private with pablic interests, since the period of disinterested patriotism is gone by for ever. I am certainly very far from averring that, in order to obtain this result, the exercise of political rights should be immediately granted to all the members of the community. "J ! '■ 246 DEMOCRACY IN AMERICA, But I maintain that the most powerful, and perhaps the only, means of interesting men in the welfare of their country which we still possess is to make them partakers in the Government. At the present time civic zeal seems to me to be inseparable from the exercise of political rights ; and I hold that the number of citizens will be found to augment or 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 eacti other for the first time with no previous acquaintance ; in short, the instinctive love of their country can scarcely exist in their minds ; but every one takes as zealous an interest in the affairs of his township, his county, and of the whole State, as if they were his own, because everyone, in his sphere, takes an active part ir the govern- ment of society. The lower orders in the United States are alive to the perception of the influence exercised by the general prosperity upon their own welfare ; and simple as this observation is, it is one which is but too rarely made by the people. But in America the people regards this prosperity as the result of its own exertions; the citizen looks upon the fortune of the public as his private interest, L'ud he co-operates in its success, not so much from a sense of priuc 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 u^on these occasions, but it is himself. The consequence is, that his national pride resorts to a thousand artifices, and to all the petty tricks of individual vanity. 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 blamo some of the peculiarities which he observes — a permission which is, however, inexorably refused. America is therefore u free country, in which, lest anybody should be hurt by your ADVANTAGES OF DEMOCRACY. M7 ips the f their ikers in s to me ts ; and agment ;ht8 are . but as id they there ; previous country akes as county, because govern- to the asperity m is, it But in isult of of the success, what I history ihis re- As the try, he isured ; 1 these lat his all the rcourse ns. A :he in- blame nission efore a your remarks, you are not allowed to speak freely of private indi- 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 authority which he acknowledges in a fellow- creature, he rises in some measure above the person who delivers the command. There are no great men without virtue, and there are no great nations — it may almost be added that there would be no society — without the notion of rights ; for what is the condition of a mass of rational and intelligent beings who are only united together by the bond of force ? 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 certa'Q 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 m m i f\ 248 DEMOCRACY JN AMERICA. ill in which surround him, he is instinctively led to turn every- thing which he can lay his hands upon to his own purposes ; 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 principle upon which he holds it. The same thing occurs in the political world. In America the lowest classes have conceived a very high notion of 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 American submits without a murmur to the authority of the pettiest magistrate. This truth is exemplified by the most trivial details of national peculiarities. In France very few pleasures are exclusively reserved for the higher classes ; the poor are ad- mitted wherever the rich are received, and they consequently behave with propriety, and respect whatever contributes to ihe enjoyments in which they themselves participate. In "England, where wealth has a monopoly of amusement as well as of power, complaints are made that whenever the poor liappen to steal into the enclosures which are reserved for the pleasures of the rich, they commit acts of wanton mischief: can this be wondered at, since care has been taken that they should have nothing to lose ? ^ The government of democracy brings the notion of political rights to the level of the humblest citizens, just as the dissemination of wealth brings the notion of property within the reach of all the members of the community; and I confess that, to my mind, this is one of its greatest advan- tages. I do not assert that it is easy to teach men to exercise 1 [This too has been amended by much larger provision for the amusements of the people in public parks, gardens, museums, &c. ; and the conduct of the people in these places of amusement has improved in the same proportion.] ADVANTAGES OF DEMOCRACY. 349 political rights ; but I maintain that, when it is possible, the effects which result from it are highly important ; and I add that, if there ever was a time at which such an attempt ought to be made, that time is our own. It is clear that the influence of religious belief is shaken, and that the notion of divine rights is declining; it is evident that public morality is vitiated, and the notion of moral rights is also disappear- ing: these are general symptoms of the substitution of argument for faith, and of calculation for the impulses of sentiment. If, in the midst of this general disruption, you do not succeed in connecting the notion of rights with that of personal interest, which is the only immutable point in the human heart, what means will you have of governing the world except by fear ? When I am told that, since the laws are weak and the populace is wild, since passions are excited and the authority of virtue is paralyzed, no measures must be taken to increase the rights of the democracy, I reply, that it is for these very reasons that some measures of the kind must be taken ; and I am persuaded that governments are still more interested in taking them than society at large, because governments are liable to be destroyed and society cannot perish. I am not, however, inclined to exaggerate the example which America furnishes. In those States the people are invested with political rights at a time when they could scarcely be abused, for the citizens were few in number and simple in their manners. As they l^ave increased, the Americans have not augmented the powe* 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 relation to those rights, in the same position as the child does to the whole of nature, and the celebrated adage may then be applied to them, Homo puer robustua. 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. 1 ,t I 250 DEMOCRACY IN AMERICA. 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 pros- perity which accrues to it, until it is roused to a sense of its own misery. Liberty, on the contr.iry, is generally established in the midst of agitation, it is perfected by civil discord, and its benefits cannot be appreciated until it is already old. RESPECT FOR THE LAW IN THE T'NITED STATES. Bespect of the Americans for the law — Parental affection which they entertain for it — Personal interest of everyone to increase the authority of the law. It is not always feasible to consult the whole people, either directly or indirectly, in the formation of the Uw; but it cannot be denied that, when such a measure is possible the authority of the law is very much augmented. This popular origin, which impairs the excellence and the wisdom of legislation, contributes prodigiously to increase its power. There is an amazing strength in the expression of the de- termination of a whole people, and when it declares itself the imagination of those who are most inclined to contest it 'is overawed by its authority. The truth of this fact is very well known by parties, and they consequently strive to make out a majority whenever they can. If they have not the greater number of voters on their side, they assert that the true majority abstained from voting; and if they are foiled even there, they have recourse to the body of those persons who had no votes to give. In the United States, except slaves, servants, and paupers in the receipt of relief from the townships, there is no class of persons who do not exercise the elective fran- chise, and who do not indirectly contribute to make the laws. Those who design to attack the laws must conse- quently either modify the opinion of the nation or trample upon its decision. A second reason, which ii' still more weighty, may be further adduced; in the Unite il States everyone is personally \ int to to the to be, onl ori tra /• •e fertile nothing Such is n often ills; it aintains ry pros- a sense enerally by civil 11 it is entertain law, people, le iaw; possible . This wisdom power, he de- itself itest it is very ) make ot the at the foiled )ersons and there fran- e the conse- ■ample ay be onally ADVANTAGES OF DEMOCRACY. 251 interested in enforcing the obedience of the whole community to the law ; for as the minority may shortly rally the majority to its principles, it is interested in professing that respect for the decrees of the legislator which it may soon have occasion to claim for its own. However irksome an enactment may be, the citizen of the United States complies with it, not only because it is the work of the majority, but because it originates in his own authority, and he regards it as a con- tract to which he is himself a party. In the United States, then, that numerous and turbulent multitude does not exist which always looks upon the law as its natural enemy, and accordingly surveys it with fear and with distrust. It is impossible, on the other hand, not to perceive that all classes display the utmost reliance upon the legislation of their country, and that they are attached to it by a kind of parental aflFection. I am wrong, however, in saying all classes ; for as in America the European scale of authority is inverted, the wealthy are there placed in a position analogous to that of the poor in the Old World, and it is the opulent classes which frequently look upon the law with suspicion. I have already observed that the advantage of democracy is not, as has been sometimes asserted, that it protects the interests of the whole community, but simply that it protects those of the majority. In the United States, where the poor rule, the rich have always some reason to dread the abuses of their power. This natural anxiety of the rich may produce a sullen dissatisfaction, but society is not disturbed by it ; for the same reason which induces the rich to withhold their confidence in the legislative authority makes them obey its mandates; their wealth, which prevents them from making the law, prevents them from withstanding it. Amongst civilized nations revolts are rarely excited, except by such persons as have nothing to lose by them ; and if the laws of a democracy are not always worthy of respect, at least they always obtain it ; for those who usually infringe the laws have no excuse for not complying with the enactments they have themselves made, and by which they are themselves benefited, whilst the citizens whose interests might be promoted by the infraction of them are induced, by their character and their stations, to submit to the decisions of the legislature, what- ever they may be. Besides which, the people in America obeys the law not only because it emanates from the popular I m \i: • n !''.': :'\' i 35a DEMOCRACY IN AMERICA. authority, but because that authority may modify it in any points which may prove vexatory ; a law is observed because it is a self-imposed evil in the first place, and an evil of transient duration in the second. ACTIVITY WHICH PERVADES ALL THE BRANCHES OF THE BODY POLITIC IN THE UNITED STATES; INFLUENCE WHICH IT EXERCISES UPON SOCIETY. JaCf^ difficult to conceive the political activity which pervades the United States tu^n 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 Amoricpn to confine himself to his own business — Political Agitation extends to all social intercourse— Commercial activity of the Americans partly attributable to this cause — Indirect advantages which society derives from a democratic government. On passing from a country in which free institutions are esvablished to one where taey 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, amelioration and progiess are the general topics of inquiry ; in the othr, it seems as if the community only aspired to repose in the enjoyment of the advantages which it has ac- quired. Nevertheless, the country which exerts itself so strenuously to promote its welfare is generally more wealthy and more prosperous than that which appears to be so con- tented 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 convenience of a single class for which a provision is to be made, but the exigencies and the conveni- ence 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 therr , but the political activity which pervades the United States ADVANTAGES OF DEMOCRACY. 253 must be seen in order to be understood. No sooner do you set foot upon the American soil than you are stunned by a kind of tumult ; a confu&ed clamour 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 elec- tion of a representative is going on ; a little further the dele- gates of a district are posting to the town in order to consult upon some local improvements ; or in another place the labourers of a village quit their ploi .hs to deliberate upon the project of a road or a public school. Meetings are called for the sole purpose of declaring their disapprobation of the line of conduct pursued by the Government ; 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 labours, and which Loleranly 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 labours. Debating clubs are to a certain extent a substitute for theatrical entertainments : an American can- not converse, but he can discuss; and when he attempts to talk he falls into a dissertation. He spaaks to you as if he Vfas addvessing a meeting ; and if he should chance to warm ^ At the time of my stay in the United States the Temperance Societies already consisted of more than 270,000 members, and their effect had been to diminish the consumption of fermented liquors by 500,000 gallons per annum in the State of Pennsylvania alone. !i, _.*.; ^ i ' fii^ 254 DEMOCRACY IN AMERICA, in the course of the discussion, lie will infallibly say, *Genr tlemen,' to the persoa with whom he is conversing. In some countries the inhabitants display a certain repug- nance to avail themselves of the political pri'**' ~ with which the law invests them ; it would seem that i j eH> r ;^ 1 m 262 DEMOCRACY IN AMERICA. and enlightened spirit of our time, dungeons might be met with which reminded the visitor of the barbarity of the Middle Ages. TYRANNY OF THE MAJORITY. Hov the principle of the sovereignty of the people is to be understood — Impossi- bility of conceiving a mixed government — The sovereign power must centn^ 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, politically speaking, a people has a right to do whatsoever it pleases, and yet I have asserted that all authority originates in the will of the majority. Am I then, in contradiction with myself ? 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 sovereignty of mankind. It has been asserted that a people can never entirely outstep the boundaries of justice and of reason in those affiiirs 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 opposed to those of another being, which is styled a minority. If it be admitted that a man, possessing absolute power, may misuse that power by wronging his adversaries, why should a majority not be liable to the same reproach ? Men are not apt to change their characters by agglomeration; nor does their patience in the piesence of obstacles increase with the UNLIMITED POWER OF THE MAJORITY. 263 consciousness of their strength.' And for these reasons I can never willingly invest any number of my fellow-creatures with that unlimited authority which I should refuse to any one of them. I do not think that it is possible to combine several principles in the same government, so as at the same time to maintain freedom, and really to oppose them to one another. The form of government which is usually termed mixed has always appeared to me to be a mere chimera. Accurately speaking there is no such thing as a mixed government (with the meaning usually given to that word), because in all communities some one principle of action may be dis- covered which preponderates over the others. England in the last century, which has been more especially cited as un example of this form of Grovernment, was in point of fact an essentially aristocratic State, although it comprised very powerful elements of democracy ; for the laws and customs of the country were such that the aristocracy could not but preponderate in the end, and subject the direction of public affairs to its own will. The error arose from too much attention being paid to the actual struggle which was going on between the nobles and the people, without considering the probable issue of the contest, which was in reality the important point. When a com- munity really has a mixed government, that is to say, when it is equally divided between two adverse principles, it must either pass through a revolution or fall into complete dissolution. I am therefore of opinion that some one social power must always be made to predominate over the others ; but I think that liberty is endangered when this power is checked by no 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 honour for itself, or of reverential 1 No one will assert that a people cannot forcibly wrong another people ; but parties may bo looked upon as lesser nations within a greater one, and they are aliens to oaeh other : if therefore it be admitted that a nation can act tyrannically towards another nation, it cannot be denied that a party may do the same towards another party. M ' If », it i1' Hi I I I lii li 264 DEMOCRACY IN AMERICA. obedience to. the rights which il. represents, that I would con- sent to admit its uncontrolled and all-predominant authority. "When I see that the right and the means of absolute com- mand are conferred on a people or upon a king, upon an aristocracy or a democracy, a monarchy or a republic, I recognise the germ of tyranny, and I journey onwards to a land of more hopeful institutions. In my opinion the main evil of the present democratic institutions of the United States does not arise, as is often asserted in Europe, from their weakness, but from their over- powering strength ; and I am not so much alarmed at the excessive liberty which reigns in that country as at the very inadequate securities which exist against tyranny. 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 hy 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 j udicial cases; and in certain States even the judges are elected by the majority. However iniquitous or absurd the evil of which you complain may be, you must submit to it as well as you can.^ ^ A striking instance of the excesses "which may bo occasioned by the despotism of the mr.jority occurred at Baltimore in the year 1812. At that time the war "was very popular in Baltimore. A journal which had taken the other side of the question excited the indignation of tlio inhabitants by its opposition. The popu- lace assembled, broke the printing-presses, and attacked the houses of the news- paper editors. The militia was called out, but no one olwyed the call ; and the only means of saving the poor wretches who wore threatened by the frenzy of the mob was to throw them into prison as common malefactors. But even this precaution was ineffectual ; the mob collected again during the night, the magis- trates again made a vain attempt to call out the militia, the prison was forced, one of the newspaper editors was killed upon t' j spot, and the others w^ere left !!tor dead ; the guilty parties were acquitted by the jury when they were brought to trial. I said one day to an inhabitant of Pennsylvania, ' Be so good as to explain to mo how it happens that in a State founded by Quakers, and celebrated for its toleration, freed Blacks are not allowed to exercise civil rights. They pay the taxes ; is it not fair that they should have a vote ?' ' You insult us,' replied uiy informant, ' if you imagine that our legislators could have committed so gross an act of injustice and intolerance.' ' What ! 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 ? ' \\ UNLIMITED POWER OF THE MAJORITY. 265 If, on the other hand, a legislativo power could be so con- stituted as to represent the majority without necessarily being the slave of its passions ; an executive, so as to retain a certain degree of uncontrolled authority; and a judiciary, so as to remain independent of the two other powers ; a government would be formed which would still be democratic without in- curring any risk of tyrannical abuse. I do not say that tyrannical abuses frequently occur in America at the present day, but I maintain that no sure barrier is established against them, and that the causes which mitigate the government are to be found in the circumstances and the manners of the country more than in its laws. 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 — Tlieir 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 exercised for the good of the community at large, in which case it is not tyrannical. Tyranny usually em- ploys arbitrary means, but, if necessary, it can rule without them. In the United States the unbounded power of the majority, which is favourable to the legal despotism of the legis- lature, is likewise favourable 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 'This is not the fault of the law : the Negroes have an undisputed right of voting, but they voluntarily abstain from making their appearance.' 'A very pretty piece of modesty on their parts ! ' rejoined I. ' Why, the truth is that they are 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 pi'ejudiees against the Blacks, and the magistrates are unable to protect them in the exercise of their legal privileges,' ' What! then the majority claims the right not only of making the laws, but of breaking the laws it has made ? ' 266 DEMOCRACY IN AMERICA. and the community at large, it considers public officers as its passive agents, and readily confides the task of serving its designs to their vigilance. The details of their office and the privileges which they are to enjoy are rarely defined beforehand; but the majority treats them as a master does his servants when they are always at work in his sight, and he has the power of directing or reprimanding them at every instant. 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 mani- festations 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. POWER EXERCISED BY THE MAJORITY IN AMERICA UPON OPINION. In America, when the majority has once irrevocably decided a question, all dis- cussion ceases — Reason of this — Moral power exercised by the majority upon opinion — Democratic republics have deprived despotism of its physical instru- ments — Their despotism sways the minds of men. It is in the examination of the display of public opinion in the United States that we clearly perceive how far the power of the majority surpasses all the powers with which . we are acquainted in Europe. Intellectual principles exercise an influence which is so invisible, and often so inappreciable, that they baffle the toils of oppression. At the present time the most absolute raonarchs in Europe are unable to pre- vent certain notions, which are opposed to their authority, from circulating in secret throughout their dominions, and even in their courts. Such is not the case in America ; 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 80 absolute as to combine all the powers of society in > UNLIMITED POWER OF THE MAJORITY. 267 as 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 con- trols the actions of the subject without subduing his private will; but the majority possesses a power which is physical and moral at the same time ; it acts upon the will as well as upon the actions of men, and it represses not only all contest, but all controversy. I know no country in which there is so little true inde- pendence of mind and freedom of discussion as in America. In any constitutional state in Europe every sort of religious and political theory may be advocated and propagated abroad ; for there is no country in Europe so subdued by any single authority as not to contain citizens who are ready to protect the man who raises his voice in the cause of truth from the consequences of his hardihood. If he is unfortunate enough to live under an absolute government, the people is upon his side ; if he inhabits a free countr}', he may And a shelter behind the authority of the throne, if he require one. The aristocratic part of society supports him in some countries, and the democracy in others. But in a nation where democratic institutions exist, organized like those of the United States, there is but one sole authority, one single element of strength and of success, with nothing beyond it. In America, the majority raises very formidable barriers to the liberty of opinion : within these barriers an author may write whatever he pleases, but he will repent it if he ever step beyond them. Not that he is exposed to the terrors of an auto-da-fe, but he is tormented by the slights and per- secutions of daily obloquy. His political career is closed for ever, since he has offended the only authority which is able to promote his success. Every sort of compensation, even that of celebrity, is refused to him. Before he published his opinions he imagined that he held them in common with many others ; but no sooner has he declared them openly than he is loudly censured by his overbearing opponents, whilst those who think without having the courage to speak, like him, "bandon him in silence. He yields at length, oppressed ►.^ the daily efforts he has been making, and he subsides into silence, as if he was tormented by remori^e for having spoken the truth. ^f I J i j m 268 DEMOCRACY IN AMERICA. I 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 monarchical power had devised a variety of physical means of oppression! the democratic republics of the present day have rendered it as entirely an affair of the mind as that will which it is intended to coerce. Under the absolute sway of an individual despot the body was attacked in order to subdue the soul, and the soul escaped the blows which were directed against it and rose superior to the attempt; but such is not the course adopted by tyranny in democratic republics ; there the body is left free, and the soul is enslaved. The sovereign can no longer say, *You shall think as I do on pain of death ; ' but he says, * You are free to think differently from me, and to retain your life, your property, and all that you possess ; but if such be your determination, you are henceforth an alien among your people. You may retain your civil rights, but they will be useless to you, for you will never be chosen by your fellow-citizens if you solicit their suffrages^ and they will affect to scorn you if you solicit their esteem. You will remain among men, but you will be deprived of the rights of mankind. Your fellow- creatures will shun you like an impure being, and those who are most persuaded of your innocence will abandon you too, lest they should be shunned in their turn. Go in peace ! I have given you your life, but it is an existence incomparably worse than death.' Monarchical institutions have thrown ar» odium upon despotism; let us beware lest democratic republics should restore oppression, and should render it less odious and less degrading in the eyes of the many, by making it still more onerous to the few. Works have been published in the proudest nations of the Old World expressly intended to censure the vices and deride the follies of the times : Labruydre inhabited the palace of Louis XIV. when he composed his chapter upon the Great, Pud Moli^re 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 UNLIMITED POWER OF THE MAJORITY. 269 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 practice 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 literary genius without freedom of opinion, and freedom of opinion does not exist in America. The Inquisition has never been able to prevent a vast number of anti-religious books from circulating in Spain, The empire of the majority succeeds much better in the United States, since it actually removes the wish of publishing them. Unbelievers are to be met with in America, but, to say the truth, there is no public organ of infidelity. Attempts have been made by some governments to protect fhe morality of nations by pro- hibiting licentious books. In the United States no one is punished for this sort of works, but no one is induced to write them ; not because all the citizens are immaculate in their manners, but because the majority of the community is decent and orderly. In these cases the advantages derived from the exercise of this power are unquestionable, and I am simply discuss- ing the nature of the power itself. This irresistible authority is a constant fact, and its judicious exercise is an accidental occurrence. if! : i EFFECTS OF THE TYRANNY OF THE MAJORITY UPON THE NATIONAL CHARACTER OF THE AMERICANS. Eflfects of the tyranny of the majority more sensibly felt hitherto in the manners than in the conduct of society — They check ;he development of leading characters — Democratic republics organized like the United States bring the practice oii courting favour within the reach of the many — Proofs of this spirit m the United St.ates — 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 unfavourable influence upon the national character of the Americans. I am inclined to attribute the singular paucity of distinguished political characters to the ever-increasing activity of the despotism of the majority in • 1 r 11 I 'i m 370 DEMOCRACY IN AMERICA. .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 fire nearest to the throne flatter the passions of the sovereign, and voluntarily truckle to his caprices. But the mass of the nation does not degrade itself by servitude : it often submits from weakness, from habit, or from ignorance, and sometimes from loyalty. Some nations have been known to sacrifice their own desires to those of the sovereign with pleasure and with pride, thus exhibiting a sort of independence in the very act of submission. These peoples are miserable, but they are not degraded. There is a great diflference between doing what one does not approve and feigning to approve -what one does; the one is the necessary case of a weak person, the other befits the temper of a lacquey. In free countries, where everyone is more or less called upon to give his opinion in the affairs of state ; in demo- cratic republics, where public life is incessantly commingled with domestic affairs, where the sovereign authority is acces- sible on every side, and where its attention can almost always be attracted by vociferation, more persons are to be met with who speculate upon its foibles and live at th ^ ?ost 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 charac- ters of citizens. Democratic republics extend the practice of currying favour 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 Cc*3e, 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. UNLIMITED POWER OF THE MAJORITY. 271 In that immense crowd which throngs the avenues to power in the United States I found very few men who dis- played any of that manly candour and that masculine inde- pendence of opinion which frequently distinguished the Americans in former times, and which constitutes the lead- ing feature in distinguished characters, wheresoever they may be found. It seems, at first sight, as if all the minds of the Americans were formed upon one model, so accurately do they correspond in their manner of judging. A stranger does, indeed, sometimes meet with Americans who dissent from these rigorous formularies; with men who deplore the defects of the laws, the mutability and the ignorance of de- mocracy ; 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. If ever these lines are read in America, I am well assured of two things : in the first place, that all who peruse them will raise their voices to condemn me; and in the second place, that very many of them will acquit me at the bottom of their conscience. I have heard of patriotism in the United States, and it is a virtue which may be found among the people, but never among the leaders of the people. This may be explained by analogy; despotism debases the oppressed much more than the oppressor: in absolute monarchies the king has often great virtues, but the courtiers are invariably servile. It is true that the American courtiers do not say * Sire,' or * Your Majesty' — a distinction without a diflference. They are for ever talking of the natural intelligence of the populace they serve ; they do not debate the question as to which of the virtues of their master is pre-eminently worthy of admira- tion, 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 prosti- tute themselves. Moralists and philosophers in America are not obliged to conceal their opinions under the veil of allegory ; \ ^i! ■4' I 1.1 :j 1;' n |; Ir '■' M^, w h 'i 272 DEMOCRACY IN AMERICA. 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 V>f 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 meauB of preventing men from degrading themselves is to invest no one with that unlimited authority which is the surest method of debasing them. u « I 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 tyranny. 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 naturally without force or without re- sources : say, rather, that it is almost always by the abuse of its force and the misemployraent of its resources that a democratic government fails. Anarchy is almost always pro- duced 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 1 This power may be centred in an assembly, in which case it will bo strong without being stable ; or it may be centred in an individual, in which casoitwiU be less strong, but more stable. /■ more in all jr will I only is to s the a THE UNLIMITED POWER OF THE MAJORITY. 273 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 centralised as those of the absolute monarchies of Europe, and more energetic than they are. I do not, there- fore, 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 majority, which may at some future time urge the mino- rities to desperation, and oblige them to have recourse to Ehysical force. Anarchy will then be the result, but it will ave been brought about by despotism. Mr. Hamilton expresses the same opinion in the * Federalist,' No. 51. * It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Justice is the end of government. It is the end of civil society. It ever has been, and ever will be, pursued until it be obtained, or until liberty be lost in the pursuit. In a society, under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger: and as in the latter state even the stronger in- dividuals are prompted by the uncertainty of their condi- tion 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 Khode 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 factious majorities, that some power altogether inde- pendent 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 ^ I presume that it is scarcely necessary to remind the reader here, as well as throughout the remainder of this chapter, that I am speaking, not of the Fedoriil Government, but of the several Governments ot each State which the majority controls at its pleasure. VOL. I. T J dp ¥\ Xf\ ll • V: I rM 274 DEMOCRACY IN AMERICA. I |i Madison:^ *The executive power in our Government is not the only, perhaps not even the principal, object of my solici- tude. 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.' 1 am glad to cite the opinion of Jeflferson upon this subject rather than that of another, because I consider him to be the most powerful ad- vocate democracy has ever sent forth. CHAPTER XVI. CAUSES WHICH MITIGATE THE TYRANNY OF THE MAJORITY \ \ IN THE UNITED STATES. ABSENCE OF CENTRAL ADMINISTRATION. The national majority does not protend to c( u'^uct all b isiness — 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 centralised government and a centralised 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 established the general principles of government, it descended to the details of public business ; and if, having regulated the great interests of the country, it could j-enetrate 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 destitute of the more perfect instruments of tyronny. In the American republics the activity of the central Government » 16th March, 1789. MITIGATIONS OF THE TYRANNY OF THE MAJORITY. 275 has never as yet been extended beyond a limited number of objects sufficiently prominent to call forth its attention. The secondary affairs of society have never been regulated by its authority, and nothing has hitherto betrayed its desire of interfering in them. The majority is become more and more absolute, but it has not increased the prerogatives of the central government ; those great prerogatives have been con- fined to a certain sphere ; and although the despotism of the majority may be galling upon one point, it cannot be said to extend to all. However the predominant party in the nation may be carried away by its passions, however ardent it may be in the pursuit of its projects, it cannot oblige all the citizens to comply with its desires in the same 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 majonty cannot descend to the details and (as I will venture to style them) the pueri- lities of administrative tyranny. Nor does the people enter- tain that full consciousness of its authority which would prompt it to interfere in these matters ; it knows the extent of its natural powers, but it is unacquainted with the increased resources which the art of government might furnish. This point deserves attention, for if a democratic republic similar to that of the United States were ever founded in a country where the power of a single individual had previously subsisted, and the effects of a centralised administration had sunk deep into the habits and the laws of the people, I do not hesitate to assert, that in that country a more insufferable despotism would prevail than any which now exists in the monarchical States of Europe, or indeed than any which could be found on this side of the confines of Asia. Si-i'-l T 2 276 DEMOCRACY IN AMERICA. THE PROFESSION OF THE LAW IN THE UNITED STATES SERVES TO COUNTERPOISE THE DEMOCRACY. Utility of discriminating the natural propensities of the members of the legal pro- fession—These men called upon to act a prominent part in future society — In •what manner the peculiar pursuits of lawyers give an aristocratic turn to their ideas — Accidental causes which may check this tendency — Ease with which the aristocracy coalesces with legal men — Use of lawyers to a despot — The profes- sion of the law constitutes the only aristocratic element with which the natural elements of democracy will combine — Peculiar causes which tend to give an aristocratic turn of mind to the English and American lawyers — The aristocracy of America is on the bench and at the bar — Influence of lawyer upon American society — Their peculiar magisterial habits affect the legislature, the administra- tion, and even the people. In visiting the Americans and in studying their laws we perceive that the authority they have entrusted to members oi the legal profession, and the influence which these indivi- duals exercise in the Grovernment, is the most powerful exist- ing security against the excesses of democracy. This elBfect 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 im- portant part in all the vicissitudes of political society in Eu- rope during the last five hundred years. At one time they have been the instruments of those who were invested with political authority, and at another they have succeeded in converting political authorities into their instrument. In the Middle Ages they afbrded 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 ene- mies of that class. It is my object to inquire whether, under all these circumstances, the members of the legal profession have been swayed by sudden and momentary impulses ; or whether they have been impelled by principles which are in- herent in their pursuits, and which will always recur in his- tory. I am incited to this investigation by reflecting that this particular class of men will most likely play a prominent part in that order of things to which the events of our time are giving birth. Men who have more especially devoted themselves to le- gal pursuits derive from those occupations certain habits of INFLUENCE OF LAWYERS. 277 order, a taste for formalities, and a kind of instinctive regard for the regular connection of ideas, which naturally render them very hostile to the revolutionary spirit and the unre- flecting 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 body in the scale of in- telligence. This notion of their superiority perpetually re- curs to them in the practice of their profession : they are the masters of a science which is necessary, but which is not very generally known; they serve as arbiters between the citizens; and the habit of directing the blind passions of parties in litigation to their purpose inspires them with a certain contempt for the judgment of the multitude. To- this it may be added that they naturally constitute a hody^. not by any previous understanding, or by an agreement which directs them to a common end ; but the analogy of their studies and the uniformity of their proceedings connect their minds together, as much as a common interest could combine their endeavours. 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 are sufficiently strong to sway them irresistibly ; for they, like most other men, are governed by their private interests and the advantages of the moment. In a state of society in which the members of the legal profession are prevented from holding that rank in the poli- tical world which they enjo}^ in private life, we may rest as- sured that they will be the foremost agents of revolution. But it must then be inquired whether the cause which in- duces them to innovate and to destroy is accidental, or whether it belongs to some lasting purpose which they enter- tain. It is true that lawyers mainly contributed to the overthrow of the Frenca 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. Five hundred years ago the English nobles headed the if i(a;l if ! t . r; it •f ;! 278 DEMOCRACY IN AMERICA. I people, and spoke in its name ; at the present time the aris- tocracy supports the throne, and defends the royal preroga- tive. But aristocracy has, notwithstanding this, its peculiar instincts and propensities. We must be careful not to con- found isolated members of »a body with the body itself. In all free governments, of whatsoever form they may be, members of the legal profession will be found at the head of all parties. The same remark is also applicable to the aris- tocracy; 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 content and to employ than it can find places ; so that a considerable number of individuals are usually to be met with who are inclined to attack those very privileges which they find it impossible to turn to their own account. I do not, then, assert that all the n: fibers of the legal profession are at all times the friends of order and the op- ponents of innovation, but merely that most of them usually are so. In a community in which lawyers are allowed to oc- cupy, without opposition, that high station which naturally belongs to them, their general spirit will be eminently con- servative and anti-demjcratic. When an aristocracy excludes the leaders of that profession from its ranks, it excites ene- mies which are the more formidable to its security as they are independent of the nobility by their industrious pursuits ; and they feel themselves to be its equal in point of intelligence, although they enjoy less opulence and less power. But whenever an aristocracy consents to impart some of its privileges to these same individuals, the two classes coalesce very readily, and assume, as it were, the consistency of a single order of family interests. I am, in like manner, inclined to believe that a monarch will always be able to convert legal practitioners into the most serviceable instruments of liis authority. There is a far greater affinity between this class of individuals and the executive power than there is between them and the people ; just as there is a greater natural affinity between the nobles and the monarch than between the nobles and the people, although he higher orders of society have occasionally re- sisted the prerogative of the Crown in concert with the lower classes. Lawyers are attached to public order beyond every other INFLUENCE OF LAWYERS. 279 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 dissatisfied. I am therefore convinced that the prince who, in presence of an encroaching democracy, should endeavour to impair the judicial authority in his dominions, and to diminish the political influence of lawyers, would commit a great mistake. He would let slip the substance of authority to grasp at the shadow. He would act more wisely in introducing men connected with the law into the government ; and if he en- trusted them with the conduct of a despotic power, bearing some marks of violence, that power would most likely as- sume the external features of justice and of legality in their hands. The government of democracy is favourable to the poli- tical power of lawyers ; for when the wealthy, the noble, and the prince are excluded from the government, they are sure to occupy the highest stations, in their own right, as it were, since they are the only men of information and sagacity, beyond the sphere of the people, who can be the object of the popular choice. If, then, they are led by their tastes to combine with the aristocracy and to support the Crown, they are naturally brought into contact with the people by their interests. They like the government of democracy, without participating in its propensities and without imitating its weaknesses ; whence they derive a twofold authority, from it and over it. The people in democratic states does not mis- trust the members of the legal profession, because it is well known that they are interested in serving the popular cause ; and it listens to them without irritation, because it does not attribute to them any sinister designs. The object of lawyers is not, in 'eed, to overthrow the institutions of democracy, but they constantly endeavour to give it an impulse whioh diverts it from its real tendency, by means which are foreign to its nature. Lawyers belong to the people by birth and interest, to the aristocracy by habit and by taste, and they may be looked upon as the natural bond and connecting link of the two great classes of society. The profession of the law is the only aristocratic element ' i : 'si • I !i' i 1 i-i i ', 280 DEMOCRACY IN AMERICA. 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 unaquainted 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 precedents ; that is to say, they continue to found their legal opinions 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 almost 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 Amer-'can 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 ob- tain a perch of land by the decision of the court. This ab- negation 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. The French Codes are often difficult of comprehension. \.j INFLUENCE OF LA WYERS. 281 but they can be read by every one; notLing, 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 enter- tained 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 exten- sively acquainted with the statutes of his country ; but the 1 ^-J, 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 Amer- ica exercises no less an influence upon their habits and their opinions. The English aristocracy, which has taken care to attract to its sphere whatever is at all analogous to itself, has conferred a high degree of importance and of authority upon the members of the legal profession. In English society lawyers do not occupy the first rank, but they are contented with the statiou assigned to them ; they constitute, as it were, the younger branch of the English aristocracy, and they are attached to their elder brothers, although they do not enjoy all their privileges. The English lawyers con- sequently 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 endea- vouring to depict is most distinctly to be met with in England : there laws are esteemed not so much because they are good as because they are old ; and if it be necessary to modify them in any respect, or to adapt them to the changes which time operates in society, recourse is had to the most inconceivable contrivances in order to uphold the traditionary fabric, and to maintain that nothing has been done which does not square with the intentions and complete the labours of former generations. The very individuals who conduct these changes disclaim all intention of innovation, aud 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 indifferent to the real mean- ing of what they treat, and they direct all their attention to the letter, seeming inclined to infringe the rules .»f common sense and of humanity rather than to swerve one tittle from 282 DEMOCRACY IN AMERICA. . 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 hop-^ that, although their fruits may differ, 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 people is apt to mistrust the wealthy; lawyers consequently form the highest political class, and the most cultivated circle of society. They have therefore nothing to gain by innovation, which adds a conservative interest to their natural taste for public order ^ If I were asked where I place the American aristocracy, I should reply without hesitation that it is not composed of the rich, who are united together by no common tie, but that it occupies the judicial bench and the bar. The more we reflect upon all that occurs in the United States the more shall we be persuaded that the lawyers as a body form the most powerful, if not the only, counterpoise to the democratic element. In that country we perceive how eminently the legal profession is qualified by its powers, and even by its defects, to neutralize the vices which are inherent in. popular government. When the American people is in- toxicated by passion, or carried away by the impetuosity of its ideas, it is checked and stopped by the plmost invisible influence of its legal counsellors, who secretly oppose their aristocratic propensities to its democratic instincts, their superstitious attachment to what is antique to its love of novelty, their narrow views to its immense designs, and their habitual procrastination to its ardent impatience. The courts of justice are the most visible organs by which the legal profession is enabled to control the demo- cracy. The judge is a lawyer, who, independently of the tast*^ for regularity and order which he has contracted in the study of legislation, derives an additional love of stability from his own inalienable functions. His legal attainments have already raised him to a distinguished rank amongst his fellow-citizens ; his political power completes the distinction of his station, and gives him the inclinations natural to pri/ileged classes. Armed with the power of declaring the laws to be uncon- stitutional,^ the American magistrate perpetually interferes m ai oeo Chapter VI. on the ' Judicial ro\rer in the United States.' INFLUENCE OF LA WYERS. 283 in political affairs. He cannot force the people to make laws, but at least he can oblige it not to disobey its own enact- ments, 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 con- stitutions 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 sub- jected 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 had 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 occupy most of the public stations. They fill the legislative assemblies, and they «^ouduct the administration ; they consequently exercise a powerful influence upon the formation of the law, and upon its execution. The lawyers are, however, obliged to yield to the current of public opinion, which is too strong for them to resist it, but it is easy to find indications of what uheir 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 intro- duced very sparing alterations in their civil laws, and that with great difficulty, although those laws are frequently re- pugnant 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 Ame- rican 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 favour of existing institutions. The influence of the legal habits which are common in America extends beyond the limits I have just pointed out. Scarcely any question arises in the United States which does i £ 1.' : I 384 DEMOCRACY IN AMERICA. not become, sooner or later, a subject of judicial debate; hence all parties are obliged to borrow the ideas, and even the language, usual in judicial proceedings in their daily con- troversies. As most public men are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the affairs of the country. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue ; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that the whole people contracts the habits and the tastes of the magistrate. The lawyers of the United States form a party which is but little feared and scarcely perceived, which has no badge peculiar to itself, which adapts itself with great flexibility to the exigencies of the time, and accommodates itself to all the movements of the social body ; but this party extends over the whole community, and it penetrates into all I > classes of society ; it acts upon the country imperceptibly, but it finally fashions it to suit its purposes. TRIAL BY JURY IN THE UNITED STATES CONSIDERED AS A POLITICAL INSTITUTION. Trial by juiy, 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— Efifect 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 ad- ministration of justice in the United States, I will not pass over this point without adverting to the institution of the jury. Trial by jury may be considered in two separate points of view, as a judicial and as a political institution. If it entered into my present purpose to inquire how far trial by jury (more especially in civil cases) contributes to ensure the best administration of justice, I admit that its utility might be contested. As the jury was first introduced at a time when society was in an uncivilised state, and when TRIAL BY JURY, 285 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 civilised community when the mutual relations of men are multiplied to a surprising extent, and have assumed the enlightened and intellectual character of the age/ My present object is to consider the jury as a political institution, and any other course would divert me from my subject. Oi 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 institu- tion seems to have increased with their increasing cultivation. They soon spread beyond their insular boundaries to every comer of the habitable globe; some have formed colonies, others independent states ; the mother-country has main- tained its monarchical constitution; many of its offspring have founded powerful republics; but wherever the English have been they have boasted of the privilege of trial by jury.* They have established it, or hastened to re-establish it, in all their settlements. A judicial institution which obtains the suffrages of a great people for so long a series of ages, which is zealously renewed at every epoch of civilisation, in all the climates of the earth and under every form of human government, cannot be contrary to the spirit of justice.' 1 The iDvestigation of trial by jury as a judicial institution, and the apprecia- tion of its effects in the United States, together with the advantages the Americans have derived from it, would suffice to form a book, and a book upon a very useful and curious subject. The State of Louisiana would in particular afford the curious phenomenon of a French and English legislation, as well as a French and English population, which are gradually combining with each other. See the ' Digeste des Lois de la Louisiane,' in two volumes ; and the ' Traits sur les Ragles des Actions civile?,' printed in French and English at New Orleans in 1830. ^ All the English and American jurists are unanimous upon this head. Mr. StoiT, judge of the Supreme Court of the United States, speaks, in his ' Treatise on the Federal Constitution,' of the advantages of trial by jury in civil cases :— ' The inestimable privilege of a trial by jury in civil cases— a privilege scarcely inferior to that in criminal cases, which is counted by all persons to be essential to political and civil liberty. . . .' (Story, book iii. ch. xxxviii.) 3 If it were our province to point out the utility of the jury as a judicial institu- tion in this place, much might be said, and the following arguments might be brought forward amongst others : — By introducing the jury into the business of the courts you are enabled to diminish the number of judges, which is a very great advantage. When judges are 286 DEMOCRACY IN AMERICA. I ;t. I 4; :• 'l ,1 I turn, however, from this part of the subject. To look upon the jury as a mere judicial institution is to confine our attention to a very narrow view of it ; for however great its influence may be upon the decisions of the law courts, that influence is very subordinate to the powerful effects which it produc3S on the destinies of t* o community at large. The jury is above all a political institution, and it must be regarded in this light in order to be duly appreciated. By the jury I mean a certain number of citizens chosen indiscriminately, and invested with a temporary right of judging. Trial by jury, as applied to the repression of crime, appears to me to introduce an eminently republican element into the Grovemment upon the following grounds: — The institution of the jtiry may be aristocratic or demo- cratic, according to the class of society from which the jurors are selected ; but it always preserves its republican character, inasmuch as it places the real direction of society in the hands of the governed, or of a portion of the governed, in- stead of leaving it under the authority of the Grovemment. 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 ci^ih its enemies upon a field of battle would very soon be destroyed. The true sanction of political laws is to be found in peiial legislation, and if that sanction be wanting the law v/ill sooner or later lose its cogency. He who punishes infractions of the law is therefore the real master of society. Now the institution of the jury raises the people itself, or at least a class of citizens, to the bench of judicial authority. The institution of the jury con- vory numerous, death is perpetually thinning the ranks of the judicial functionaries, and laying places vacant for new comers. The ambition of the magistrates is therefore continur.'ily excited, and they are naturally made dependent upon the will of the majority, or the individual who ftlls up the vacant appointments ; 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 legis- lator. The office of a judge is made inalienable in order that he may remain in- dependent : but of what advantage is it that his independence should be protected if he be tempted to sacrifice it of his own accord ? Whon judges are very numerous many of them must necessarily be incapable of performing their important duties, for a great magistrate i» a man of no common powers ; and I am inclined to be- lieve that a half-onliglitened tribunal is tlie worst of all instruments for attaining those objects which it is the purpose of courts of justice to accomplish. For my own part I had rather submit the decision of a case to ignorant jurors directed by a skilful judge tlian to judges a majority of whom are imperfectly acquainted with jurisprudence and with the laws. \ con- TRIAL BY JURY, 287 sequently invests the people, or that class of citizens, with the direction of society.^ In England the jury is returned from the aristocratic portion of the nation ; ^ the aristocracy makes the laws, ap- plies the laws, and punishes all infractions of the laws ; every- thing is established upon a consistent footing, and England may with truth be said to constitute an aristocratic republic. In the United States the same system is applied to the whole people. Every American citizen is qualified to be an elector, a juror, and is eligible to office.' The system of the jury, as it is understood in America, appears to me to be as direct and as extreme a consequence of the sovereignty of the people as universal suffrage. These institutions are two instruments of equal power, which contribute to the supremacy of the majority. All the sove-reigns who have chosen to govern by their own authority, and to direct society instead of obeying its directions, have destroyed or enfeebled the institution of the jury. The monarchs of the House of Tudor sent to prison jurors who refused to convict, and Napoleon caused them to be returned by his agents. However clear most of these truths may seem to be, they do not command universal assent, and in France, at least, the institution of trial by jury is still very imperfectly under- stood. 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 people ; when that sovereignty is repudiated, it must be rejected, or it must be adapted to the laws by which that sovereignty is established. The jury is that portion of the nation to which the execution 1 An important remark must, however, be made. Trial by jury does unques- tionably invest the people with a general control over the actions of citizens, but it does not furnish means of exercising this control in all cases, or with an absolute authority. When an absolute monarch has the right of trying oil'onccs by his repre- sentatives, the fate of the prisoner is, as it were, decided beforehand. But even if the people wei-e predisposed to convict, the composition and the non-respon- sibility of the jury would still afford some chances favourable to the protection of innocence. "^ [This may be true to some extent of special juries, but not of common juries. The autlior scims not to have been aware that the qualifications of jurors in England vary exceedingly.] * See Appendix, Q. 388 DEMOCRACY IN AMERICA. of the laws is entrusted, as the Houses of Parliament con- stitute that part of the nation which makes the laws ; and in order that society may be governed with consis- tency and uniformity, the list of citizens qualified to serve on juries must increase and diminish with the list of elec- tors. This I hold to be the point of view most worthy of the attention of the legislator, and all that remains is merely accessory. I am so entirely convinced that the jury is pre-eminently a political institution that I still consider it in this light when it is applied in civil causes. Laws are always un- stable unless they are founded upon the manners of a na- tion; 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 with- out its interference, and it is considered as an instrument, but not as the only instrument, of obtaining justice. This is true a fortiori when the jury is only applied to certain criminal causes. When, on the contrary, the influence of the jury is ex- tended 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 proceedings it defies the aggressions of time and of man. If it had been as easy to remove the jury from the manners as from the laws of England, it would have perished under Henry VIII. and Elizabeth, and the civil jury did in reality, at that period, save the liberties of the country. In what- ever manner the jury be applied, it cannot fail to exercise a powerful influence upon the national character ; but this influ- ence is prodigiously increased 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 preparation for free institutions. It imbues all classes with a respect for the thing judged, and with the notion of right. If these two elements oe removed, the love of independence is reduced to a mere destructive TRIAL BY JURY, 289 o serve passion. It teaches men to practise equity, every man learns to judge his neighbour 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 civil action brought against him. The jury teaches every man not to recoil before the responsibility of hi£' own actions, and impresses him with that manly confidence without which political virtue cannot exist. It invests each citizen with a kind of magistracy, it makes them all feel the duties which they are bound to discharge owards society, and the part which they take in the Government. By obliging men to 'turn their attention to afifairs which are not exclusively their own, it rubs off that individual egotism which is the rust of society. The jury contributes most powerfully to form the judg- ment and to increase the natural intelligence of a people, and this is, in my opinion, its greatest advantage. It may be regarded as a gratuitous public school ever open, in which, every juror learns to exercise his rights, enters into daily communication with the most learned and enlightened mem- bers of the upper classes, and becomes practically acquainted with the laws of his country, which are brought within the reach of his capacity by the efforts of the bar, the advice of the judge, and even by the passions of the parties. I think that the practical intelligence and political good sense of the Ameri- cans are mainly attributable to the long use which they have made of the jury in civil causes. I do not know whether the jury is useful to those who are in litigation ; but I am certain it is highly beneficial to those who decide the litigation ; and I look upon it as one of the most efficacious means for the education of the people which society can employ. What I have hitherto said applies to all nations, but the remark I am now about to make is peculiar to the Ameri- cans and to democratic peoples. I have already observed that in democracies the members of the legal profession and the magistrates constitute the only aristocratic body which can check the irregularities of the people. This aristocracy is invested with no physical power, but it exercises its conser- vative influence upon the minds of men, and the most abun- dant source of its authority is the institution of the civil jury. In criminal causes, when society is armed against a single in- dividual, the jury is apt to look upon the judge as the passive VOL. I. u \ 11 -\-M 390 DEMOCRACY IN AMERICA, 1 1 1 1 i instrument of social power, and to mistrust his advice. More- over, criminal causes are entirely founded upon the evidence of facts which common sense can readily appreciate; upon this glround the jr^Jge and the jury are equal. Such, however, is not the ca£te in civil causes ; then the judge appears as a disin- terested arbiter between the conflicting passions of the parties. The jurors look up to him with confidence and listen to him with resj^ect, for in this instance tlveir intelligence is om- pletely under the control of his learning. It is the judge fho sums up the various arguments with which their memory has been wearied out, and who guides them through the devious course of the proceedings ; he points their attention to the exact question of fact which they are called upon to solve, and he puts the answer to the question of law into their mouths. His influence upon their verdict is almost unlimited. If I am called upon to explain why I am but little moved by the arguments derived from the ignorance of jurors in civil causes, I reply, 'that in these proceedings, whenever the question to be solved is not a mere question of fact, the jury has only the semblance of a judicial body. The jury sanctions the decision of the judge, they by the au- thority of society which they represent, and he by that of reason and of I^lYt} In England and in America the judges exercise an in- fluence upon criminal trials which the French judges have never possessed. The reason of this difference may easily be discovered; the English and American magistrates establish their authority in civil causes, and only transfer it after- wards to tribunals of another kind, where that authority was not acquired. In some cases (and they are frequently the most important ones) the American judges have the right of deciding causes alone." Upon these occasions ' '. ey are accidentally placed in the position which the French judges habitually occupy, but they are invested with far more power than the latter; they are still surrounded by the reminis- cence 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 1 See Appendix, R. * The Bedeml judges decide upon their own authority almost all the questions icost important to the country. CAUSES WHICH MAINTAIN DEMOCRACY, 291 the turmoil of public business, abroad and in the legislative assemblies, the American judge is constantly surrounded by men who are accustomed to regard his intelligence as superior to their own, and after having exercised his power in the de- cision 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 magistracy, doej in reality consolidate its power, and in no country are the judges so powerful as *^>iere, where the people partakes their privileges. It is more especially by means ot the jury in civil causes that the American magistrates imbue all classes of society with the spirit of their profession. Thus the jury, which is the most energetic means of making the people rule, is also the most efficacious means of teaching it to rule well. CHAPTER XVII. PRINCIPAL CAUSES WHICH TEND TO MAINTAIN THE DEMO- CRATIC 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 involun- tarily 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 lature, I cannot do better than collect within a small compass the reasons which best explain the present. In this retrospective chapter I shall be succinct, for I shall take care to remind the reader very summarily of what he already knows; and I shall only select the most prominent of those facts which I have not yet pointed out. All the causes which contribute to the maintenance of the democratic republic in the United States are reducible to three heads: — v2 393 DEMOCRACY IN AMERICA. i j ■ 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. Af'TDENTAL OR PROVIDENTIAL CAUSES WHICH CONTRIBUTE TO ;HE MAINTENANCE OF THE DEMOCRATIC REPUBUC IN THE UNITED STATES. The Union has no neighbours — No metropolis— The Americans have had the chances of birth in their favour — 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 in the United Stat=^s. Some of these peculiarities are known, the others may easily be pointed out; but I shall confine myself to the most prominent amongst them. The Americans have no neighbours, 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 im- possible to deny the inconceivable influence which military glory exercises upon the spirit of a nation. General Jackson, whom the Americans have twice elected to be the head of their Government, is a man of a violent temper and mediocre talents; no one circumstance in the whole course of his career ever proved that he is qualified to govern a free people, and indeed the majority of the enlightened classes of the Union has always been opposed to him. But he was raised to the Presidency, and has been maintained in that lofty station, solely by the recollection of a victory which he gained twenty years ago under the walls of New Orleans, a victory which was, however, a very ordinary achievement, and which could only be remembered in a country where battles are rare. Now the people which is thus carried away by the illusions CAUSES WHICH MAINTAIN DEMOCRACY, 293 of glory is unquestionably the most cold and calculating, the most unmilitary (if I may use the expression), and the most prosaic of all the peoples of the earth. America has no great capitaP city, whose influence is directly or indirectly felt over the whole extent of the country, which I hold to be one of the first causes of the maintenance of republican institutions in the United States. In cities men cannot be prevented from concerting together, and from awakening a mutual excitement which prompts sudden and passionate resolutions. Cities may be looked upon as large assemblies, of which all the inhabitants are members ; their populace exercises a prodigious influence upon the magis- trates, and frequently executes its own wishes without their intervention. To subject the provinces to the metropolis is therefore not only to place the destiny of the empire in the hands of a portion of the community, which may be reprobated as un- just, but to place it in the hands of a populace acting under its own impulses, which must be avoided as dangerous. The preponderance of capital cities is therefore a serious blow upon the representative system, and it exposes modern * The United States have no metropolis, but they already contain several very large cities. Philadelphia reckoned 161,000 inhabitants and New York 202,000 in the year 1830. The lower orders which inhabit these cities constitute a rabble even more formidable than the populace of European towns. They consist of freed blacks in the first place, who are condemned by the laws and by |)ublic opinion to an hereditary state of misery and degradation. They also contain a multitude of Europeans who have been driven to the shores of the New World by their misfor- tunes or their misconduct ; and these men inoculate the United States with all our vibes, without bringing with them hny of those interests which counteract their baneful influence. As inhabitants of a country where they have no civil rights, they are ready to turn all the passions which agitate the community to their own advantage ; thus, within the last few months serious riots have broken out in Philadelphia and in New York. Disturbances of this kind are unknown in the rest of the country, which is nowise alarmed by them, because the population of the cities has hitherto exercised neither power nor influence over the rural districts. Nevertheless, I look upon the size of certain American cities, and especially on the nature of their population, as a real danger which threatens the future security of the democratic republics of the New World ; and I venture to predict that they will perish from this circumstance unless the Government 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 excesses. [The population of the city of New York had risen, in 1870, to 942,292, and that of Philadelphia to 674,022. Brooklyn, 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 corruption of Uieir local governments — over which there is no effectual control — are amongst the greatest evils and dangers of the country.] 294 DEMOCRACY JN AMERICA. II 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 secondary causes which have contributed to establish, and which concur to maintain, the democratic republic of the United States. But I discern two principal circumstances amongst these favourable elements, which I hasten to point out. I have already observed that the origin of the Americn 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 favour, and their forefathers imported that equality of conditions i.ato the country whence the democratic republic has very naturally taken its rise. Nor was this ail they did ; for besides this repub- lican condition of society, the early settlers bequeathed to their descendants those customs, manners, and opinions which coiitribute 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 favoured the establish- ment and the maintenance of a democratic republic in the United States is the nature of the territory which the Americans inhabit. Their ancestors gave them the love of equality and of freedom, but God himself gave them the means of remaining equal and free, by placing them upon a boundlesa continent, which is open to their exertions. General prosperity is favourable to the stability of all govern- ments, but more particularly of a democratic constitution, which depends upon the dispositions of the majority, and more particularly of that portion of the community which is most exposed to feel the pressure of want. When the people rules, it must be rendered happy, or it will overturn the State, and misery is apt to stimulate it to those ex- cesses to which ambition rouses kings. The physical causes, independent of the laws, which contribute to promote general prosperity, are more numerous in America tiian they have ever been in any other country in the world, at any other period of history. In the United States not only is CAUSES WHICH MAINTAIN DEMOCRACY. 295 legislation democratic, but Nature herself favours the cause of the people. In what part of human tradition can Ip 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 modems 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 population, 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 condi- tion of the inhabitants, as well as the laws ; but the soil upon which these institutions are founded is more extraor- dinary than all the rest. When 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 by the Deity, and had just risen from beneath the waters of the deluge. That continent still presents, as it did in the primaeval time, rivers which rise from never-failing sources, green and moist solitudes, and fields which the ploughshare of the husbandman has never turned. In this state it is offered to man, not in the barbarous and isolated condition of the early ages, but to a being who is already in possession of the most potent secrets of the natural world, who is united to his fellow-men, and instructed by the experience of fifty centuries. At this very time thirteen millions of civilized Europeans are peaceably spreading over those fertile plains, with whose resources and whose extent they are not yet 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 296 DEMOCRACY IN AMERICA. 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 favourable influence of the temporal prosperity of America upon the institutions of that country has been so often described by others, and adverted to by myself, that I shall not enlarge upon it beyond the addition of a few facts. An erroneous notion is generally entertained that the deserts of America are peopled by European emigrants, who annually disembark upon the coasts of the New World, whilst the American population increases and multiplies upon the soil which its forefathers tilled. The European settler, however, usually arrives in the United States with- out friends, and sometimes without resources ; in order to subsist he is obliged to work for hire, and he rarely proceeds beyond that belt of industrious population which adjoins the ocean. The desert cannot be explored without capital or credit ; and the body must be accustomed to the rigours of a new climate before it can be exposed to the chances of forest life. It is the Americans themselves who daily quit the spots which gave them birth to acquire extensive do- mains in a remote country. Thus the European leaves his cottage for the transatlantic shores ; and the American, who is born on that very coast, plunges in his turn into the wilds of Central America. This double emigration is incessant; it begins in the remotest parts of Europe, it crosses the Atlantic Ocean, and it advances over the solitudes of the New World. Millions of men are marching at once towards the same horizon ; their language, their religion, their man- ners 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 preceded the fall of the Eoman Empire. Then, as well as now, generations of men were impelled forwards in the same direction to meet and struggle on the same spot ; but the designs of Providence were not the same; then, every new ^ [The number of foreign immigrants into the United States in the last fifty years (from 1820 to 1871) is stated to be 7,556,007. Of these, 4,104,553 spoke English — that is, they came from Great Britain, Ireland, or the British colonies; 2,643,069 came from Germany or Northern Europe ; and about half a million from the South of Europe. ] CAUSES WHICH MAINTAIN DEMOCRACY. 297 comer v^s the harbinger of destruction and of death; now, every adveiiturer bring? with him the elements of prosperity and of life. The future still conceals from us the ulterior consequences of this emigration of the Americans towards the West ; but we can readily apprehend its more immediate results. As a portion of the inhabitants annually leave the States in which they were bom, 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 been 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 workman in easy circumstances ; his son goes to seek his fortune in unpeopled regions, and he becomes a rich landowner. The former amasses the capital which the latter invests, and the stranger as well as the native is unacquainted with want. The laws of the United States are extremely favourable to the division of property ; but a cause which is more power- ful than the laws prevents property from being divided to excess.^ This is very perceptible in the States which are beginning to be thickly peopled; Massachusetts is the most populous part of the Union, but it contains only 80 inhabit- ants to the square mile, which is much less than in France, where 162 are reckoned to the same extent of country. But in Massachusetts estates are very rarely divided ; the eldest son takes the land, and the others go to seek their fortune in the desert. The law has abolished the rights of primo- geniture, 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 bom in the little State of Connecticut. The population of Connecticut, which constitutes only one forty-third part of that of the United States, thiis furnished one-eighth of 'the whole body ^ In New England the estates are exceedingly small, but they are rarely sub- jected to further division. r! ml i'ir If ^1 ::ii 298 DEMOCRACY IN AMERICA, ' i of representatives. The State of Connecticut, however, only sends five delegates to Congress; and the thirty-one others sit for the new Western States. If these thirty-one individuals had remained in Connecticut, it is probable that instead of becoming rich landowners they would have re- mained humble labourers, that they would have lived in obscurity without being able to rise into public life, and that, far from becoming useful members of the legislature, they might have been unruly citizens. These reflections do not escape the observation of the Americans any more than of ourselves. * It cannot be doubted,' says Chancellor Kent in his Treatise on American Law, * that the division of landed estates must produce great evils when it is carried to such excess 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 genera- tions 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 American rushes forward to secure the immense booty which fortune proffers to him. In the pursuit he fearlessly braves the arrow of the Indian and the distempers of the forest ; he is unimpressed by the silence of the woods ; the approach of beasts of prey does not disturb him; for he is goaded onwards by a passion more intense than the love of life. Before him lies a boundless continent, and he urges onwards as if time pressed, and he was afraid of finding no room for his exertions. I have spoken of the emigration from the older States, but how shall I describe that which takes place from the more recent ones? Fifty years have scarcely elapsed since that of Ohio was founded; the greater part of its inhabitants were not born within its confines; its capital has only been built thirty years, and its territory is still covered by an immense extent of uncultivated fields ; never- theless the population of Ohio is already proceeding west- ward, and most of the settlers who descend to the fertile savannahs of Illinois are citizens of Ohio. These men left their first country to improve their condition ; they quit their resting-place to ameliorate it still more ; fortune awaits CAUSES WHICH MAINTAIN DEMOCRACY. 299 them everywhere, but happiness they cannot attain. The desire of prosperity is become an ardent and restless pas> sion in their minds which grows by what it gains. They early broke the ties which bound them to their natal earth, and they have contrac ted no fresh ones on Iheir way. Emi- gration was at first necessary to them as a means of subsist- ence ; 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 uncommon in crossing the new States of the West to meet with deserted dwellings in the midst of the wilds; the traveller frequently discovers the vestiges of a log-house in the most solitary retreats, which bear witness to the power, and no less to the inconstancy, of man. In these abandoned fields, and over these ruins of a day, the primaeval forest soon scatters a fresh vegetation, the beasts resume the haunts which were once their own, and Nature covers the traces of man's path with branches and with flowers, which obli- terate his evanescent track. I remember that, in crossing one of the woodland dis- tricts which still cover the State of New York, I reached the shores of a lake embosomed yl *brests coeval with the world. A small island, covered with woods whose thick foliage concealed its banks, rose from the centre of the waters. Upon the shores of the lake no object attested the presence of man, except a column of smoke which might be seen on the horizon rising from the tops of the trees to the clouds, and seeming to hang from heaven rather than to be mounting to the sky. An Indian shallop was hauled up on the sand, which tempted me to visit the islet that had first attracted my attention, and in a few minutes I set foot upon its banks. The whole island formed one of those delicious solitudes of the New World which almost lead civilized man to regret the haunts of the savage. A luxuriant vegeta- tion 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- pi geou^ 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 % ill i! 300 DEMOCRACY IN AMERICA, \ i :1 i w her own caprices ; but when 1 reached the centre of the isle I thought that I discovered some traces of man. I then proceeded to examine the surrounding objects with care, and I soon perceived that a European had undoubtedly been led to seek a refuge in this retreat. Yet what changes had taken place in the scene of his labours ! The logs which he had hastily hewn to build himself a shed had sprouted afresh ; the very props were intertwined with living verdure, and his cabin was transformed into a bower. In the midst of these shrubs a few stones were to be seen, blackened with fire and sprinkled with thin ashes; here the hearth had no doubt been, and the chimney in falling had covered it with rubbish. I stood for some time in silent admiration of the exuberance of Nature and the littleness of man : and when I was obliged to leave that enchanting solitude, I exclaimed with melancholy, * Are ruins, then, already here ?' In Europe we are wont to look upon a restless disposi- tion, an unbounded desire of riches, and an excessive love of independence, as propensities very formidable to society. Yet these are the very elements which ensure a long and peaceful duration to the republics of America. Without these unquiet passions the population would collect in cer- tain 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 favourable to society than their virtues. These circumstances exercise a great influence on the estimation in which human actions are held in the two hemispheres. The Americans frequently term what we should call cupidity a laudable industry ; and they blame as faint-heartedness what we consider to be the virtue of moderate desires. In France, simple tastes, orderly manners, domestic affec- tions, and the attachment which men feel to the place of their birth, are looked upon as great guarantees of the tran- quillity 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 had so recently begun to exist, will shortly be a prey to the calamities incident to old nations. In Canada, the most enlightened, patriotic, and humane inhabitants make CAUSES WHICH MAINTAIN DEMOCRACY. 30" extraordinary efforts to render the people dissatisfied with those simple enjoyments which still content it. There, the seductions of wealth are vaunted with as much zeal as the charms of an hcnsst but limited income in the Old World, and more exertions are made to excite the passions of the citizens there than to calm them elsewhere. If we listen to their eulogies, we shall hear that nothing is more praise- worthy than to exchange the pure and homely pleasures which even the poor man tastes in his own country for the dull delights of prosperity under a foreign sky ; to leave the patrimonial hearth and the turf beneath which his fore- fathers 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 labour which can be applied to work it. In America too much knowledge cannot be diffused; for all knowledge, whilst it may serve him who possesses it, turns also to the advantage of those who are without it. New wants are not to be feared, 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 posses- sion 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 more correctly, they introduce the habits they contract ir business into their political life. They love order, without which affairs do not prosper ; and they set an especial value upon a regular conduct, which is the founda- tion of a solid business; the prefer the good sense which amasses large fortunes to that enterprising spirit which frequently dissipates them ; general ideas alarm their minds, which are accustomed to positive calculations, and they hold practice in more honour than theory. It is in America that one learns to understand the in- fluence which physical prosperity exercises over political ac- tions, 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 302 , DEMOCRACY IN AMERICA, \ 1 emigrants to the New World carry with them that wild love of independence 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 account of their political opinions. They all astonished me by the language they held, but one of them surprised me more than all the rest. As I was crossing one of the most remote districts of Pennsylvania I was benighted, and obliged to beg for hospitality at the gate of a wealthy planter, who was a Frenchman by birth. He bade me sit down beside his fire, and we began to talk with that freedom which befits persons who meet in the backwoods, two thou- sand leagues from their native country. I was aware that my host had been a great leveller and an ardent demagogue forty years ago, and that his name was not unknown to fame. I was therefore not a little surprised to hear him discuss the rights of property as an economist or a landowner might have done : he spoke of the necessary gradations which fortune 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 so far as to quote an evan- gelical 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 uncer- tainties of science and the conflicting lessons of experience, until a new incident disperses the clouds of doubt ; I was poor, I become rich, and I am not to expect that prosperity will act upon my conduct, and leave my judgment free ; my opinions change with my fortune, and the happy circum- stances 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. Tlie American has always seen the connection of public order and public pros- perity, intimately united as they are, go on before his eyes ; he does not conceive that one can subsist without the other ; he has therefore nothing to forget ; nor has he, like so many Europeans, to unlearn the lessons of his early education. at wild lamities iropeans e their ['hey all of them iing one aighted, wealthy me sit freedom o thou- are that aagogue to fame. 3USS the : might R which ablished L wealths, to order m evan- political human art can uncer- Derience, I was rosperity ee; my circum- ith that ly upon 3an has lie pros- lis eyes ; e other ; so many Ion. V- CAUSES WHICH MAINTAIN DEMOCRACY. 3»3 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 I 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 accomplished, the reader is already enabled to judge for himself which are the laws that really tend to maintain the democratic republic, and which endanger its existence. If I have not succeeded in explaining this in the whole course of my work, I cannot hope to do so within the limits of a single chapter. It is not my intention to retrace the path I have already pursued, and a very few Hues will suffice to recapitu- late what I have previously explained. Three circumstances seem to me to contribute most powerfully 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 combine 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 impart a taste for freedom and a knowledge of the art of being free to the people. The third is to be met with in the constitution of the judicial power. I have shown in what manner the courts of justice serve to repress the excesses of democracy, and how they check and direct the impulses of the majority without stopping its activity. INFLUENCE OF MANNERS UPON THE MAINTENANCE UF THE DEMOCRATIC REPUBLIC IN THE UNITED STATES. I have previously remarked that the manners of the peo- ple may be considered as one of the general causes to which the maintenance of a democratic republic in the United States is attributable. I here used the word manners with 504 DEMOCRACY IN AMERICA. the meaning which the ancients attached to the word mores ; for I apply it not only to manners in their proper sense of what constitutes the character of social intercourse, but I extend it to the various notions and opinions current among men, and to the mass of those ideas which constitute their character of mind. I comprise, therefore, under this term the whole moral and intellectual condition of a people. My intention is not to draw a picture of American manner?, but simply to point out such features of them as are favourable 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 republican Christianity — ^Arr -ul of the Catholics — For what reason the Catholics form the most democratic and the most republican cla^s at the present time. Every religion is to be found in juxtaposition to a poli- tical opinion which is connected with it by affinity. If the human mind be left to follow its own bent, it will regulate the temporal and spiritual institutions of society upon one ui.iform principle ; and man will endeavour, if I may use the expression, to harmonise 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 off the authority of the Pope, ac- knowledged no other religious supremacy i they brought with them into the New World a form of Christiani;:,y which I cannot better describe than by styling it a democratic and republican religion. This sect contributed powerfully to the establishment of a democracy and a republic, and from the eirliest settlement of the emigrants politics and religion contracted an alliance which has never been dissolved. About fifty years ago Ireland began to a pour Catholic population into the United States ; on the other hand, the Catholics of America made proselytes, and at the present moment more than a million of Christians professing the truths of the Church of Home are to be met with in the V CAUSES WHICH MAINTAIN DEMOCRACY. 305 mjorea; jnse of but I among :e their s term e. My ir?, but ourable WHICH OF THE ». •epublican )lics form ne. a poli- If the egulate ion one use the 8 upon heaven, Dy men ope, ac- jrought y which locratic fully to d from religion Union.^ The Catholics are faithful to the observances of their religion ; they are fervent and zealous in the support and belief of their doctrines. Nevertheless they constitute the most republican and the most democratic class of citizens which exists in the United States; and although this fact may surprise the observer at first, the causes by which it is occasioned may easily be discovered upon reflection. I think that the Catholic religion has erroneously been looked upon as the natural enemy of democracy. Amongst the various sects of Christians, Catholicism seems to me, on the contrary, to be one of those which are most favourable to the equality of conditions. In the Catholic Church, the re- ligious community is composed of o^ly 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 capacities upon the same level ; it subjects the wise and ignorant, the man of genius and the vulgar crowd, to the details of the same creed ; it imposes the same observances upon the j ich and needy, it inflicts the same austerities upon the strong and the weak, it listens to no compromise with mortal man, but, reducing all the human race to the same standard, it confounds all the distinctions of society at the foot of the same altar, even as they are confounded in the sight of God. If Catholicism predisposes the faithful to obedience, it certainly does not prepare them for inequality ; but the contrary may be said of Protestantism, which gene- rally tends to make men independent, more than to render them equal. Catholicism is like an absolute monarchy ; if the sovereign be removed, all the other classes of society are more equal than they are in republics. It has not unfrequently occurred that the Catholic priest has left the service of the altar to mix with the governing powers of society, and to take his place amongst the civil gradations of men. This religious influence has sometimes been used to secure the interests of that political state of things to which he belonged. At other I \ il atholic ind, the present ng the in the 1 [It is difficult to ascertain with accuracy the amount of the Roman Catholic population of the United States, but in 1868 an able writer in the Edinburgh Review (vol. cxxvii. p. 621) affirmed that the whole Catholic population of the United States was then about 4,000,000, divided into 43 dioceses, with 3,795 churches, under the care of 45 bishops and 2,317 clergymen. But this rapid increase is mainly supported by immigration from the Catholic countries of Europe.] VOL. I. X I I ■ I 306 DEMOCRACY IN AMERICA, times Catholics have taken the side of aristocracy from a spirit of religion. But no sooner is the priesthood entirely separated from the Government, as is the case in the United States, than it is found that no class of men are more naturally disposed than the Catholics to transfuse the doctrine of the equality of conditions into the political world. If, then, the Catholic citizens of the United States are not forcibly led by the nature of their tenets to adopt democratic and republican principles, at least they are not necessarily opposed to them ; and their social position, as well as their limited number, obliges them to adopt these opinions. Most of the Catholics are poor, and they have no chance of taking a part in the Government unless it be open to all the citizens. They constitute a minority, and all rights must be respected in order to ensure to them the free exercise of their own privileges. These two causes induce them, unconsciously, to adopt political doctrines which they would perhaps support with less zeal if they were rich and preponderant. The Catholic clergy of the United States has never at- tempted to oppose this political tendency, but it seeks rather to justify its results. The priests in America have divided the intellectual world into two parts : in the one they place the doctrines of revealed religion, which command their assent ; in the other they leave those truths which they believe to have been freely left open to the researches of political inquiry. Thus the Catholics of the United States are at the same time the most faithful believers and the most zealous citizens. It may be asserted that in the United States no religious doctrine displays the slightest hostility to democratic and republican institutions. The clergy of all the different sects hold the same language, their opinions are consonant to the laws, and the human intellect flows onwards in one sole current. I happened to be staying in one of the largest towns in the Union, when I was invited to attend a public meeting which had been called for the purpose of assisting the Poles, and of sending them supplies of arms and money. I found two or three thousand persons collected in a vast hall which had been prepared to receive them. In a short time a priest in his ecclesiastical robes advanced to the front of the hust- ings : the spectators rose, and stood uncovered, whilst he spoke in the following terms : — CAUSES WHICH MAINTAIN DEMOCRACY. 307 * Almighty God I 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 oppression, and hast granted to our people the benefits of liberty and peace ; Turn, Lord, a favourable eye upon the other hemisphere ; pitifully look down upon that heroic nation which is even now struggling as we did in the former time, and for the same rights which we defended with our blood. Thou, who didst create Man in the likeness of the same image, let not tyranny mar Thy work, and establish inequality upon the earth. Almighty God ! do Thou watch over the destiny of the Poles, and render them worthy to be free. May Thy wisdom direct their councils, and may Thy strength sustain their arms ! Shed forth Thy terror over their enemies, scatter the powers which take counsel against them ; and vouchsafe that the injustice which the world has witnessed for fifty years, be nr' consummated in our time. Lord, who boldest alike the . ^arts 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 irom us, and grant that we may always be the most religious as well as the freest people of the earth. Almighty God, hear our supplications this day. Save the Poles, we beseech Thee, in the name of Thy well-beloved Son, our Lord Jesus Christ, who died upon, the cross for the salvation of men. Amen.' The whole meeting responded * Amen ! * with devotion. INDIRECT INFLUENCE OF RELIGIOUS OPINIONS UPON POLITICAL 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 con- fines the imagination of the Americans within certain limits, and checks the passion of innovation — Opinion of the Americans on the political utility of re- ligion — 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 x2 „ j i ■*? i U - 'I (illi 3o8 DEMOCRACY JN AMERICA. 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 bis Creator, but they al) agree in respect to the duties which are due from man to man. Each sect adores the Deity in its own peculiar mann!= r, but all the sects preach the same moral law in the n? me of God. If it be of the h ghest importance to ; a'^ ,id an individual, that his re- ligion should be true, ^'> of society is not the same. Society has no future life n Vu.]^.^ for or to fear; and provided the citizens profess a religion, i = ^ peculiar tenets of that religion are of very little importance to its interests. More- over, almost all the sects of the United States are comprised within the great unity of Christianity, and Christian morality is everywhere the iiame. It may be belie /t d without unfairness that a certain num- ber of Americans pursue a peculiar form of worship, from habit more than from conviction. In the United States the sovereign authority is religious, and consequently hypocrisy must be common ; but there is no country in the whole world in which the Christian religion retains a greater influence over the souls of men than in America ; and there can be no greater proof of its utility, and of its conformity to human nature, than that its influence is most powerfully felt over the most enlightened and free nation of the earth. I have remarked that the members of the American clergy in general, without even excepting those who do not admit religious liberty, are all in favour of civil freedom ; but they do not support any particular political system. They keep aloof from parties and from public affairs. In the United States religion exercises but little influence upon the laws and upon the details of public opinion, but it directs the manners of the community, and by regulating domestic life it regulates the State. 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 g free erable. 3 from to the adores preach of the his re- : same, rovided of that More- mprised aorality n num- p, from ites the ypocrisy le world [ice over greater nature, he most Ln clergy )t admit 3ut they ey keep United the laws eets the ic life it manners the first inable to fortune ; incident over the Lectors of Id where CAUSES WHICH MAINTAIN DEMOCRACY. 309 the tie of marriage is so much respected as in America, or where conjugal happiness is more highly or worthily appre- ciated. In Europe almost all the disturbances of society arise from the irregularities of domestic life. To despise the natural bonds and legitimate pleasures of home, is to contract a taste for excesses, a restlessness of heart, and the evil of fluctuating desires. Agitated by the tumultuous passions which frequently disturb his dwelling, the European is galled by the obedience which the legislative powers of the State exact. But when the American retires from the turmoil of public life to the bosom of his family, he finds in it the image of order and of peace. There his pleasures are sim»>^e and natural, his joys are innocent and calm ; and as he fii is ""hat an orderly life is the surest path to happiness, he accuse ms himself without diflBculty to moderate his opinions ai> well as his tastes. Whilst the European endeavours to forget his domestic troubles by agitating society, the American derives from his own home that love of order which h*" afterwards carries with him into public affairs. In the United States the influence of religion is not con- fined 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 iu them, and others who do the same because they are afraid to be suspected of unbelief. Christianity, therefore, reigns without any obstacle, by universal consent ; the consequence is, as t have before observed, that every principle of the moral world is fixed and determinate, although the political world is abandoned to the debates and the experiments of men. Thus the human mind is never left to wander across a boundless field ; and, whatever may be its pretensions, it is checked from time to time by barriers which it cannot sur- mount. Before it can perpetrate innovation, certain primal and immutable principles are laid down, and the boldest con- ceptions of human device are subjected to certain forms which retard and stop their completion. The imagination of the Americans, even in its greatest flights, is circumspect and undecided ; its impulses are checked, and its works unfinished. These habits of restraint recur in political society, and are singularly favourable both to the tranquillity of the people and to the du 'ability of the institutions it has established. Nature and circumstances concurred to make the inhabitants of the United States bold S;l ii' '^m 310 DEMOCRACY IN AMERICA. 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 trammels, they would very shortly become the most daring innovators and the most implacable dispu- tants in the world. But the revolutionists of America are obliged to profess an ostensible respect for Christian morality and equity, which does not easily permit them to violate the laws that oppose their designs ; nor would they find it easy to surmount the scruples of their partisans, even if they were able to get over their own. Hitherto no one in the United States has dared to advance the maxim, that everything is permissible with a view to the interests of society; an im- pious 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 pi.,rt in the govern- ment of society, but it must nevertheless be regarded as the foremost of the political institutions of that country ; for if it does not impart a taste for freedom, it facilitates the use of free institutions. Indeed, it is in this same point of view that the inhabitant? of the United States themselves look upon religious belief. I do not know whether all the Ame- ricans have a sincere faith in their religion, for who can search the human heart ? but I am certain that they hold it to be indispensable to the maintenance of republican institutions. This opinion is not peculiar to a class of citizens or to a party, but it belongs to the whole nation, and to every rank of society. 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, everyone 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 de- stroyed beforehand all the confidence of the Court in what he was about to say.^ The newspapers related the fact without any further comment. ^ The Kew York Spectator of August 23, 1831, relates the fact in the follow- CAUSES WHICH MAINTAIN DEMOCRACY. 311 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 tradi- tionary 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 suffered to die away in those remote settlements, and the rising States be less fitted to enjoy free institutions than* the people from which they emanated. I met with wealthy New Englanders who abandoned the country in which they were bom in order to lay the foundations of Christianity and of freedom on the banks of the Missouri, or in the prairies of Illinois. Thus religious zeal is perpetually stimulated in the United States by the duties of patriotism. These men do not act from an exclusive consideration of the promises of a future life ; eternity is only one motive of their devotion to the cause ; and if you converse with these missionaries of Christian civilisation, you will be surprised to find how much value they set upon the goods of this world, and that you meet with a politician where you expected to find a priest. They will tell you that * all the American Kepublics are col- lectively involved with each other ; if the republics of the West were to fall into anarchy, or to be mastered by a despot, the republican institutions which now flourish upon the shores of the Atlantic Ocean would be in great peril. It is therefore our interest that the new States should be religious, in order to maintain our liberties.' 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 secre- tion of thought by the brain, I can only reply that those who hold this language have never been in America, and that ing terms : — * The Court of Common Pleas of Chester county (New York) a few days since rejected a witness who declared his disbelief in the existence of God. The presiding judge remarked that he had not before been aware that there was a man living who did not believe in the existence of God ; that this belief consti- tuted 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.' ^■A ,«i i-i . a V m 312 DEMOCRACY IN AMERICA. they have never seen a religious or a free nation. When they return from their expedition, we «hall hear what they have to say. There are persons in France who look upon republican institutions as a temporary means of power, of wealth, and distinction ; men who are the condottieri of liberty, and who fight for their own advantage, whatever be the colours they wear: it is not to these that I address myself. But there are others who look forward to the rep^oiican form of govern- ment 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 dic- tates of their passions to the prejudice of their interests. Despotism may govern without faith, but liberty cannot. Keligion is much more necessary in the republic which they set forth in glowing colours 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 sub- missive to the Divinity ? PRINCIPAL CAU3ES WHIC-I 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 re- ligion 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 vpr^ simple manner. Keligious zeal, said they, must necessarily fail, the more generally liberty is established and knowledge diffused. Un- fortunately, facts are by no means in accordance with their theory. There are certain populations in Europe whose un- belief is only equalled by their ignorance and their debase- ment, whilst in America one of the freest and most enlight- IFUL IN CAUSES WHICH MAINTAIN DEMOCRACY. 3«3 ened nations in the world fulfils all the outward duties of religrion with fervour. Upon my arrival in the United States, the religious aspect of the country was the first thing that struck my at- tention; and the longer I stayed there the more did 1 per- ceive 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 phenome- non 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 diiferent persuasions, and who are more especially interested in their duration. iVs a member of the Eoman 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 1 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 dominion of religion in their country to the separation of Church and State, i do not hesitate to affirm that during my stay in America I did not meet with a single individual, of the clergy or of the laity, who was not of the same opinion upon this point. This led me to examine more attentively than I had hitherto done, the station which the American clergy oc- cupy in political society. I learned with surprise that tbey filled no public appointments ; ^ not one of them is to be met with in the administration, and they are not even repre- sented in the legislative assemblies. In several States'* the ^ Unless this term be applied to the functions which many of them fill in the schools. Almost all education is entrusted to the clergy. =» See the ' Constitution of New York,' art. 7. § 4 : — ' And whereas the ministers of the Gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great duties of their functions : therefore no minister of the Gospel, or priest of any de- nomination whatsoever, shall at any time hereafter, uuder any pretence or descrip- tion whatever, be eligible to, or capable of holding, qny civil or military office or place within this State.' See also the ' Constitutions of North Carolina,' art. 31. Virginia. South Carolina, art. 1. § 23. Kentucky, art. 2. § 26. Tennessee, art. 8. § 1. Louisiana, art. 2. §22. : ,1 hM J] .U. j 314 DEMOCRACY IN AMERICA. m % :t f law excludes them from political life, public opinion in all. And when I came to inquire into the prevailing spirit of the clergy, I found that most of its members seemed to retire of their own accord from the exercise of power, and that they made it the pride of their profession to abstain from politics. 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 Grod 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 Grospel es- chewed all parties with the anxiety attendant upon personal interest. These facts convinced me that what I had been told was true; and it then became my object to investigate their causes, and to inquire how it happened that the real authority of religion was increased by a state of things which ^\ diminished its apparent force : these causes did not long escape my researches. The short space of threescore years can never content the imaginaiion 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 desixe to exist; he scorns life, but he dreads annihilation. These different feelings incessantly urge his soul to the contemplation of a future state, and religion directs his musings thither. Keligion, then, is simply an- other form of hope; and it is no less natural to the human h rt 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 in- vincibly brought back to more pious sentiments ; for unbelief is an accident, and faith is the only permanent state of mankind. If we only consider religious institutions in a purely human point of view, they may be said to derive an inexhaustible element of strength from man himself, since they belong to one of the constituent principles of human nature. 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 . ' f ■ ■ ■ CAUSES WHICH MAINTAIN DEMOCRACY. 315 united to the governments of the earth, have been known to exercise a sovereign authority derived from the twofold source of terror and of faith ; but when a religion contracts an alliance of this nature, I do not hesitate to affirm that it commits the same error as a man who should sacrifice his future to his present welfare; and in obtaining a power to which it has no claim, it risks that authority which is right- fully its own. "When a religion founds its empire upon the de8ir3 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 form- ing 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 affliction, it may attract the aflfec- tions of mankind. But if it be mixed up with the bitter passions of the world, it may be constrained to defend allies whom its interests, and not the principle of love, have given to it; or to repel as antagonists men who are still attached to its own spirit, however opposed they may be to the powers to which it is allied. The Church cannot share the temporal power of the State without being the object of a portion of that animosity which the latter excites. The political powers which seem to be most firmly esta- blished have frequently no better guarantee for their dura- tion than the opinions of a generation, the interests of the time, or the life of an individual. A law may modify the social condition which seems to be most fixed and deter- minate; and with the social condition everything else must change. T^^ powers of society are more or less fugitive, like the yeurs 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 ».hen religion clings to the inte- rests of the world, it becomes almost as fragile a thing as 1] ■|J| _J 3i6 DEMOCRACY IN AMERICA. 11 ','4 the powers of earth. It is the only one of them all which can nope for immortality; but if it be connected with their ephemeral authority, it shares their fortunes, and may fall with those transient passions which supported them for a day. The alliance which religion contracts with political powers must Tieeds be onerous to itself; since it does not require their assistance to live, and by giving them its assist- ance it may be exposed to decay. The danger which I have just pointed out always exists, , but it is not always equally visible. In some ages govern- 1 ments seem to be imperishable; in others, the existence of 1 society appears to be more precarious than the life of man. Some constitutions plunge the citizens into a lethargic somnolence, and others rouse them to feverish excitement. When governments appear to be so strong, and laws so stable, men do not perceive the dangers which may accrue from a union cf 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 avoid 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 authority will be bandied from hand to hand, when political theories will succeed each other, and when men, laws, and constitutions will disappear, or be modified from day to day, and this, not for a season only, but unceasingly. Agitation and mutability are inherent in the nature of democratic republics, just as stagnation and inertness are the law of absolute monarchies. If the Americans, who change the head of the Govern- ment once in four years, who elect new legislators every two years, and renew the provincial officers every twelvemonth; if the Americans, who have abandoned the political world to the attempts of innovators, had not placed religion beyond their reach, where could it abide in the ebb and flow of human opinions ? where would that respect which belongs to it be paid, 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 conformity with it. They saw that /^ CAUSES WHICH MAINTAIN DEMOCRACY. 317 they must renounce their religious influence, if they were to strive for political power ; and they chose to give up the support of the State, rather than to share 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 resources, but of those none can deprive it : its circle is limited to certain principles, but those principles are entirely its own, and under its undisputed control. On every side in Europe we hear voices complaining of the absence of religious faith, and inquiring the means of restoring to religion some remnant of its pristine authority. It seems to me that we must first attentively consider what ought to be 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 efiforts ought to be directed. The two great dangers which threaten the existence of religions are schism and indifference. In ages of fervent devotion, men sometimes abandon their religion, but they only shake it off in order to adopt another. Their faith changes the objects to which it is directed, but it suffers no decline. The old religion then excites enthusiastic attach- ment or bitter enmity in either party; some leave it with anger, others clwff to it with increased devotedness, and although persuasions differ, irreligion is unknown. Such, however, is not the case when a religious belief is secretly undermined by doctrines which may be termed negative, since they deny the truth of one religion without affirming that of any other. Prodigious revolutions then take place in the human mind, without the apparent co-operation of the passions of man, and almost without his knowledge. Men lose the objects of their fondest hopes, as if through forgetfulness. They are carried away by an imperceptible current which they have not the courage to stem, but which they follow with regret, since it bears them from a faith they love, to a scepticism that plunges them into despair. In ages which answer to this description, men desert their religious opinions from lukewarmness rather than from dislike; they do not reject them, but the sentiments by which they were once fostered disappear. But if the un- believer does not admit religion to be true, he still considers it useful. Regarding religious institutions in a human point ii< ft i 1,1 3'? DErJOCRACY IN AMERICA. fl of view, he acknowledges their influence upon manners and legislation. He admits that they may serve to make men live in peace with one another, and to prepare them gently for the hour of death. He regrets the faith which he has lost; and as he is deprived of a treasure which he has learned to estimate at its full value, he scruples to J^ake it f»-om those vrho 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 unbelie>ing, they are not obliged lo 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 con- demn 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 pronounces itself in favour of religion : love, support, and honour are bestowed upon it, and it is only by searching the human soul that we can detect the wounds which it has re- ceived. The mass of mankind, who are never without the feeling of religion, do not perceive inything at variance with the established faith. The instinctive desire of a future life brings the crowd about thr altar, an-'T i- us the hearts of men to the precepts and consolations oi iBSi'lon. But this picture is not applicable to us : for there are men amongst us who have ceased to believe in Christianity, without adopting any other religion ; others who are in the perplexities of doubt, and who already affect 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 fa'.ir They have done violence to human weakness, in order to rise n^perior to public opinion. Excited by the eflbrt they have made, they scarcely knew where to stop ; ar.d Its they know that tlie f .st use which the French made of indep' 'd.u'3 w.'.s to attack religion, they look upon their contempor,u:<\. with drea*\ and they recoil in alarm from the liberty vhioh their fellow-citizens are seeking to obtain. ! ^i0^: ^TiPv^icut and Massachusetts, it is ex- tremely rare to find a man imperfectly acquainted with all these thinc^s, and a person wholly ignorant of them is a sort of phenoBK uon. When J compare the Greek and Roman Republics with these American States ; the manuscript libraries of the [This canuot be said willi truth of the country of Kent, Story, and Wheaton.] CAUSES WHICH MAINTAIN DEMOCRACY. 321 s averse coveries. former, and their rude population, with the innumerable journals and the enlightened people of the latter; when I remember all the attempts which are made to judge the modern republics by the assistance of those of antiquity, and to infer what will happen in our time from what took place two thousand years ago, I am tempted to burn my books, in order to apply none but novel ideas to so novel a condition of society. What I have said of New England must not, however, be applied 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, f. certain Lumber of individuals may be found, as in our own countries, who are devoid of the rudiments of in- struction. But there is not a single district in the United States sunk in complete ignorance ; and for a very simple reason : the peoples of Europe started from the darkness of a barbarous condition, to advance toward the light of civili- sation ; their progress has been unequal ; 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-Americans settled in a state of civilisation, upon that territory which their descendants occupy ; they had not to begin to learn, and it was sufficient 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 dwellings their acquired information and their esteem for knowledge. Education has taught them the utility of instruction, and has enabled them to transmit that instruction to their posterity. In the United States society has no infancy, but it is bom 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 unacquaintec with the virtues, the vices, the coarse habits, and the simple ' \m ii i ii'1: 1 [In the Northern States the number of persons destitute of instruction is in- considerable, the largest number being 241,152 in the State of New York (accord- ing to Spp.iilding's ' Handbook of Ame rimn Statistics ' for 1874) ; but in the South no less than 1,516,339 whites and 2,671,396 coloured persons are returned as 'illiterate.'] VOL. I. • y 323 DEMOCRACY IN AMERICA. graces of an early stage of civilisation. At the extreme borders of the confederate States, upon the confines of society and of the wilderuesf;, a population of bold adventurers have taken up their abode, who pierce the solitudes of the Ameri- can woods, and seek a country there, in order to escape that poverty which awaited them in their native provinces. As soon as the pioneer arrives upon the spot which is to serve him for a retreat, he fells a few trees and builds a log-house. Nothing can offer a more miserable aspect than these isolated dwelV igs. The traveller who approaches one of them to- wards 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 labour 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 ia, in short, a highly civilised being, who consents, for a time, to inhabit the back- woods, and who penetrates into the wilds of the New World with the Bibi ', an axe, and a file of newspapers. It is ditficult to imagine the incredible rapidity with which public opinion circulates in the midst of these des^rts.^ 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, 1 I travelled along a portion of the frontier of the United States in a sort of cart which was termed the mail. We passed, day and night, with great rapidity along the roads which were scarcely marked out, through immense forests ; when the gloom of the woods became impenetrable the coachman lighted branches of fir, and we 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 enormous bundle of letters at the door of this isolated dwelling, and we pursued our way at full gallop, leaving the inhabitants of the neighbouring log-houses to send for their share of tlie treasure. [When the author visited America the locomotive and the railroad were scarcely invented, and not yet introduced in the United StatOH. It 'n suporlluous to point out the immense effect of those inventions in extending civilisation and developing the resources of that vast continent. In 1831 there wore 61 miles of railway in the United States ; in 1872 there were 60,000 miles of railway.] ^ In 1832 each inhabitant of Michigan paid a sum equivalent to 1 fr. 22 cent. (French money) to the post-office revenue, and each inhabittiot ot the () 1 P a w 1( f extreme F society srs have Ameri- ape that les. A8 to serve (g-house. isolated hem to- through rises, he 3t of the poor hut y sort of and the him is lit of the He wears } ; he is nd ready a highly the back- 3W World iity with of these itercourse istricts of ed States, in a sort of reat rapidity orests ; when •anches of fir, we came to a dropped an we pursued og-houses to •ailroad were id sciportluous vilisat ion and fo 61 miles of ilway.] to 1 fr. 22 bitant oi the CAUSES WHICH MAINTAIN DEMOCRACY. 323 the instruction of the people powerfully contributes to the support of a democratic republic ; and such must always be the case, I believe, where instruction which awakens the understanding is not separated from moral education which * amends the heart. But I by no means exaggerate this bene- fit, and I am still further from thinking, as so many people do think in Europe, that men can be instantaneously made citizens by teaching them to read and write. True informa- tion 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 ex- perience and their good sense. An American should never be allowed to speak of Europe ; for he will then probably display a vast deal of presumption and very foolish pride. He will take up with those crude and vague notions which are so useful to the ignorant all over the world. But if you question him respecting his own country, the cloud which dimmed his intelligence will immediately disperse ; his lan- guage will become as clear and as precise as his thoughts. He will inform you what his rights are, and by what means he exercises them ; he will be able to point out the customs which obtain in the political world. You will find that he is well acquainted witb the rules of the administration, and that he is familiar with the mechanism of the laws. The citizen of the United States does not acquire his practical science and his positive notions from books ; the instruction he has acquired may have prepared him for receiving those ideas, but it did not furnish them. The American learns to know the laws by participating in the act of legislation ; and he takes a lesson in the forms of government from govern- ing. The great work of society is ever 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 I'loridas paid 1 fr. 5 cent. {See National Calendar, 1833, p. 244.) In the same year each inhabitant of the l)4partement du Nord paid 1 fr. 4 cent, to the revenue of the French i)ost-office. (See the Compte rendu de V administration des Fiiiances, 1833, p. 623. ) Now the State of Michigan only contained at that time 7 inhabitants per square league, and Florida only 5 : the public instruction and the commercial activity of these districts is inferior to that of most of the States in the Union, whilst the Departoment du Nord, which contains 3,400 inhabitants per square league, is one of the most enlightened and manufacturing parts of Franco. t2 'It),' .^1 I -k 324 DEMOCRACY IN AMERICA. private life. The interference of the citizens in public aiTairs is too rare an occurrence for it to be anticipated beforehand. .Upon casting a glance over society in the two hemispheres, these differences are indicated even by its external aspect. In Europe we frequently introduce the ideas and the habits of private life into public affairs ; and as we pass at once ixoifi the domestic circle to the government of the State, we may frequently be heard to discuss the great interests of society in the same manner in which we converse with our friends. The Americans, on the other hand, transfuse the habits of public life into their manners in private ; and in their country the jury is introduced into the games of school- boys, and parliamentary forms are observed in the order of a feast. THE LAWS CONTRIBUTE MORE TO THE MAINTENANCE OF THE DEMOCRATIC REPUBLIC IN THE UNITED STATEl? THAN THE PHYSICAL CIRCUMSTANCES OF THE MANNERS MORE THAN THE LAWS. COUNTRY, AND THE All tho nations of America have a democratic state of society— Yet democratic institutions only subsist amongst the Anglo-Americans — The Spaniards of South America, equally favoured by physical cjiuses as the Anglo-Americans, unable to maintain a democratic republic — Mexico, which has adopted the k onstitution 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 in- stitutions in the United States is attributable to the circum- stances, 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 import- ance which it does not really possess. It is true that the Anglo-Americans settled in the New World in a state of social equality; the low-born and the noble were not to be found 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 democracy was established without difficulty. But this circumstance is by no means peculiar to the United * I remind the reader of the general signification which I give to the word manners, namely, the moral and intellectual characteristics of social man taken collectively. Q affairs rehand. jpheres, jot. nd the pass at e State, jrests of rith our use the and in F school- der of a CAUSES WHICH MAINTAIN DEMOCRACY. 325 OF THE HAN THE ^ND THE democratic piiniards of •Americans, .dopted the |The Anglo- st— Reason jratic in- circum- .^ Most 3se three import- the New and the )fessional [)rejudices ^mocratic, lifficulty. le United to the word Ll man taken States; almost all the transatlantic 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 an aristocracy. Nevertheless, democratic institutions prosper nowhere 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 Spaniards of South America were no less isolated by nature ; yet their position has not relieved them from the charge of standing armies. They make war upon each other when they have no foreign enemies to oppose ; and the Anglo-American democracy is the only one which has hitherto been able to maintain itself in peace.^ The territory of the Union presents a boundless field to human activity, and inexhaustible materials for industry and labour. The passion of wealth takes the place of ambition, and the warmth of faction is mitigated by a sense of pros- perity. But in what portion of the globe shall we meet with more fertile plains, with mightier rivers, or with more unex- plored and inexhaustible 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 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 results analogous to those which occur in North America, but they arp unable to raise the population of South America above the level of European States, where they act in a con- trary direction. Physical causes do not, therefore, affect the destiny of nations so much as has been supposed. I have met with men in New Eiigland who were on the point of leaving a country, where chey 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 ^ [A remark which, since the great Civil War of 1862, ceases to be applicable.] / ■! HI Mil !i;ll «aS> ^'.^ .W^ W^. ^>.^Ia2i IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 1.25 JA^ IM |2.5 | £0 "^^ H^H ■^ 1^ 12.2 :!f ufi 12.0 1.4 III 1.6 V] /] ''# ^ ^/y Photographic Sciences Corporation 33 WIST MAIN STRUT WIBSTIR, NY. MSN (716)173-4303 m V :\ iV \ ^ 6^ ■^' 'oHtieti; Mu< experieneo of the neople to itfl theoretical ignonmoej und itw pruotiual i are upon leir birth, tion of his sensible to rith a de- ho Negro, sis his own 3, and the esires of a them, and m of those ;o the level is bom: and have Equally himself, he he is the lerving his n himself; ess gift of of his de- en felt by ig learned, xcept rea- es to obey e is desti- isist r,hem : 1 wit 1, and t, he sinks itude bru- Oppression has been no less fatal to the Indian than to the Negro race, but its effects are different. Before the ar- rival of white men in the New World, tb .inhabitantc 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 custom. Where the North American Indians had lost the sentiment of attachment to their country; when their fami- lies were dispersed, their traditions obscured, and the chain of their recollections broken ; when all their habits were changed, and their wants increased beyond measure, Euro- pean tyranny rendered them more disorderly and less civi- lized +han they were before. The moral and physical con- dition of these tribes continually grew worse, and they be- came more barbarous as they became more wretched. Never- theless, 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 servitude, 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 authority 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 escape from all the shackles of society. As he delights in this barbarous independence, and would rather perish than sacrifice the least part of it, civilisation has little power over him. 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 z 2 IB ■ !:■ M m .lird w 340 DEMOCRACY IN AMERICA, ashamed of his own nature. In each of his features he dis- covers a trace of slavery, and, if it were in his power, he would willingly rid himself of everything that makes him what he is. The Indian, on the contrary, has his imagination inflated with the pretended nobility of his origin, and lives and dies in the midst of these dreams of pride. Far from desiring to conform his habits to ours, he loves his savage life as the distinguishing mark of his race, and he repels every ad- vance to civilisation, less perhaps from the hatred which he entertains for it, than from a dread of resembling the Europeans.^ Wtiile he has nothing to oppose to our per- fection in the arts but the resources of the desert, to our tactics nothing but undisciplined 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 ^ The native of North America retrans bis opinions and the most insignificant of his habits with a degree of tenacity which has no parallel in history. For more than two hundred years the wandering tribes of North America have had •daily intercourse with the whites, and they nave never derived from them either A custom or an idea. Yet the Europeans have exercised a powerful influence over the savages : they have made them more licentiouff, but not more European. In 4.he summer of 1831 I happened to be beyond Lake Michigan, at a place called 'Green Bay, which serves as the extreme frontier between the United States and the Indians on the north-western side. Hare 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 civilised society. When the war broke out bet^veen ourselves and the English in 1810, I saw this young man again ; he was serving in our army, at the head of the warriors of his tribe, for the Indians were admitted amongst the ranks of the Americans, upon condition that they would abstain from their horrible custom of scalping their victims. On the evening of the battle of * * *, C. came and sat himself down by the fire of our bivouac. I asked him what h&d been his fortune that day : he related his exploits ; and growing warm and animated by the recollection of them, he concluded by suddenly opening the breast of his coat, saying, " You must not betray me — see here ! " And factually beheld,' said the Major, ' between his body and his shirt, the skin and hair of an English head, still dripping with gore. THE THREE RACES IN THE UNITED STATES. 341 I he dis- iwer, he kes him inflated Eind dies siring to 3 as the very ad- ^hich he ling the our per- i, to our )ur well- incts of unequal ■ace with ) Indian, Qake the very, the ugh the ived one Dsignificant Btory. For a have had ;hem either Buence over ■opean. In )lace called States and ,n American ility of the mg Indian/ ere he had larance of a res and the ktmy, at the imongst the leir horrible *, C. came ,&d been his aated bj the >f his coat, d,' said the glish head, day at the log-house of a pioneer. I did not wish to pene- trate into the dwelling of the American, hut 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 neighbourhood of the Creek territory), an Indian woman appeared, followed by a Negress, and holding by the hand a little white girl of five or six years old, whom I took to be the daughter of the pioneer. A sort of barbarous luxury set off the costume of the Indian ; rings of metal were hanging from her nostrils and ears ; her hair, which was adorned with glass beads, fell loosely upon her shoulders ; and I saw that she was not married, for she still wore that necklace of shells which the bride always deposits on the nuptial couch. The Negress was clad in squalid European garments. They all three came and seated themselves upon the banks of the fountain ; and the young Indian, taking the child in her arms, lavished upon her such fond caresses as mothers give ; while the Negress endeavoured by various little artifices to attract the attention of the young Creole. The child displayed in her slightest gestures a conscious- ness of superiority which formed a strange contrast with her infantine weakness ; as if she received the attentions of her companions with a sort of condescension. The Negress was seated on the ground before her mistress, watching her smallest desires, and apparently divided between 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 contemplated them in silence ; but my curiosity was probably displeasing to the Indian woman, for she suddenly rose, pushed the child roughly from her, and giving me an angry look plunged into the thicket. I had often chanced to see individuals met together in the same place, who belonged to the three races of men which people North America. I had perceived from many different results the preponderance of the Whites. But in the picture which I have just been describing there was something peculiarly touching ; a bond of affection here united the oppressors with the oppressed, and the effort of Nature to bring them together rendered still more striking the immense distance placed bet veen them by prejudice and by law. m A i ii 34af DEMOCRACY IN AMERICA. I: 1 I 11' I THE PRESENT AND PROBABLE FUTURE COKOITION OF THE INDIAN TRIBES WHICH INHABIT THE TERRITORY POSSESSED BY THE UNION. G-radual disappearance of the native tribes — Manner in which it takes place- Miseries accompanying the forced migrations of the Indians — The savages of North America had only two ways of escaping destruction ; war or civilisation — ^They are no longer able to make war — Reasons why they refused to become civilised 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 territory 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 tiie Delaware, have disappeared ; and I myself met with the last of the Iroquois, who were begging alms. The nations I have mentioned formerly covered the country to the sea-coast ; but a traveller at the present day must penetrate more than a hundred leagues into the interior of the continent to find an Indian. Not only have these wild tribes receded, but they are destroyed ; ^ 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 destruc- tion : the manner in which the latter change takes place is not diflBcult 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 * In the thirteen original States there are only 6,273 Indians remaining. (See Legislative Documents; 20th Congress, No. 117, p. 90.) [The decrease is now far greater, and is verging on extinction. See note at p. 361.] PRESENT AND FUTURE CONDITION OF INDIANS. 343 productions the savage had nothing to offer except the rich furs which still abounded in his woods. Hence the chase became necessary, not merely to provide for his subsistence, but in order to procure the only objects of barter which he C'^iild furnish to Europe.^ Whilst the wants of the natives were thus increasing, their resources continued to diminish. From the moment when an European settlement is formed in the neighbourhood of the territory occupied by the Indians, the beasts of chase take the alarm.' 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 labour are heard in their neighbour- hood, they begin to fiee away, and retire to the West, where their instinct teaches them that they will find deserts of im- . measurable extent. * The buffalo is constantly receding,' say Messrs. Clarke and Cass in their Report of the year 1829 ; * a few years since they approached the brse of the Alleghany ; and a few years hence they may even be rare upon the im- mense plains which extend to the base of the Rocky Moun- tains.' I have been assured that this effect of the approach of the Whites is often felt at two hundred leagues' distance I Messrs. Clarke and Cass, in their Report to Congress the 4th of February, 1829, p. 23, expressed themselves thus: — 'The time when the Indians generally could supply themselves with food and clothing, without any of the articles of civilised life, has long since passed away. The more remote tribes, beyond the Mississippi, who live where immense herds of buffalo are yet to be found and who follow these animals in their periodical migrations, could more easily than any others recur to the habits of tneir ancestors, and li' ; 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 musk rat, &c., principally minister to the comfort and support of the Indians ; and these cannot be taken without guns, ammunition, and traps. Among the North- Western Indians par- ticularly, the labour of supplying a family with food is excessive. Day after day is spent by the hunter without success, and during this interval his family must subsist upon bark or roots, or perish. Want and misery are around them and among them. Many die every winter from actual starvation.' The Indians will not live as Europeans live, and yet. they can neither subsist Avithout them, nor exactly after the fashion of their fathers. This is demonntrated by a fact which I likewise give upon official authority. Some Indians of a tribe on the banks of Lake Superior had killed an European ; the American Government interdicted all traffic with the tribe to which the guilty parties belonged, until they wore delivered up to justice. This measure had the desired effect. " 'Five years ago,' (says Volney in his ' Tableau des Etats-Unis,' p. 370) ' in going from Vinconnes to Kaskaskia, a territory which now torms part of the State of Illinois, but which at the time I mention was completely wild (1797), you could not cross a prairie without seeing herds of from four to five hundred buffaloes. There are now none remaining ; they swam across the Mississippi to escape from the hunters, and more particularly from the bells of the American cows.' ■ *1 i- 1 1>. 344 D£MOa:ACV IX AM£XJCA. from their frontier. Their inflaence is thus exertei) over tribes whose name is unknown to them; and who suffer the evils of usur))ation long before they are acquainteii with the authors of their distress.^ Bold adventurers soon |v?netrate into the country the Indians have deserteil, and when they have advaiunnl al^out fifteen or twenty leagues from the ejttreme frontiers of the Whites, they begin to build habitations for civiliseii being«> in the midst of the wildeniess. This is done without difti- culty, as the territory of a hunting-nation is illnletined ; it is the common property of the tribe, and l>elo«gs to no one in particular, so that individual interests are not concerntHl in the protection of any part of it, A few Eur0i>ean fiunilies, settled in different situations at a considerable distance from edch other, sunm drive awav the wild animals whicli remain between their pltu'es of aWle. The Indians, who had previously liveti in a sort of abun- dance, then find it difiicult to suWist, and still nvore difficult to procure the articles of barter which they stand in need of. To drive away their gatne is to deprive them of tlu moans of existence, as eftectually as if the fields of our agri- culturists were stricken with bjirrenness; and they art> re- duced, like famished wolves, to prowl thn>ugh 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 compelled to acquiesce, and to depart: they follow the traces of the elk, the butTalo, and the beaver, and are guided by these wild aninuils in the choice of their future country. Properly speaking, therefore, it is not the Europeans who drive away the native inhabitants of America; it is famine which compels them to recede; a > The truth of wlmt I lioro lulviinoo may ho oivwily i^ovtul by ooiiHultiii^ thn tabular stfttemont of Iinlian tribos inhahitiiig tlu* UniUnl StnloNtiiul thoir torri- torios. (Logislatire Documents, *Jl>lh Oonj^ross, No, 117, |>. IKKIOT*.) \l \h ihoro shown t hat the tribes in I he oontn^ of Anu>rioa nve ra)i'ully thnn'oaNing, alt IioukIi t he Kuroprana are still at a oonsitlprable distance from thent. " 'The IndinuN,' say Mossra. Clarke and OasM in their Uojmrt to OouKroHn, p. ir>, ' are attached to their country by the wimo iVelingii which himl un totmrn; ami, besides, there are certain superstitious notions connect wl with the aliena- tion of what the Great Spirit gave to their ancestors, which operate stroJigly upon the tribes who have made few or uo cessions, but which are uradually weakened as our intercourae with them is e iten«UHl. " We will m>t Melt the apot which contains the Iwnes of our fathers," is ilnumt always tlte tirst answer to ap ro- position for a sale.' i'ffssKxr Axt> n'rt'f^K coxmrmv i>^^ /s\p/axs. 34$ oluiioe , it is wu»ftiMt^ to w>«wiv<(* the oxtt»«t of tht* !tut)oii»^ which Att«>iHi th«\»»o foiwd oiui^mtiou«* *rhoy inv uiuWi"- tttkow bv » iHHmU* f:«hv«^K t>xh«\»!»t*Hl ttwd »viiiuv*l J m\K\ tho i'\niutri«»!t to v'hwh tho iu»w *>i>uum>» lH^t«kt» tho»m»olvt^* tt»t> iu« hwluttHl l>v otiu*Y t4*il>«*!» wluoh itHH>ivo thorn with joiUou* h^^*- tilitr liunii^^r is iu thoivttv; \v«r H\vwit«» thouu mui misory Ivrsotm thoiu on ttU »ido!». In i\w h\>iH> of 0!»o«r>i«^ t\xM»» *\\A\ H h^vst of ouomiost thoy «»o|wmt«\ luul tHw\\ imlividiml omt»^- NHnu'Si to imnnuv tho int^ui!» of s\))nHM'tiu); \\\* oxistoiun* i« ooHtud«» umi j»ooivov» Uviujj iu tho u«nu»«s»ity of tho donovt liko AU owtom»t iu oivilisott sooioty, Tho sooitvl tits yt\\w\\ i\Ut\\\<» hmi U>«jt siuoo wonkoutnt, in tl>ou dissolvoU j thoy h»vo U>8t thoir innwitry* »uhI thoir |UH>|»h» !*iH>u tto?«>it thou\t thoiv vorv fjuniUos «rt» ohlitt^mttHl ; tho u^uut^n ti^t^v Ihm'o iu eoutiuou im> for^ytUtou, thoir hvu,i(un^^ |>onf»hos, «ud uU tmoow of thoir origiu dis»|>|Hnir» Tlioiv uution \\m VK'^^mni to o3tii»t» oxoopt iu tl\o nHH>Uootiou of tho uuti^unrio!* of Au\oriou m\k\ u fow of tho hmruod of Ku\\>po, I ohouhi l>o 8t>rry to huvo n>y n^utor »u^>j>080 that I MW ot>h>uriujf tho juoturt^ too highly; I huw nilh u>y t>wu oyo» sovor«l of tlio o«««^j» of uuHory wluoh I huvo hoou donorihiuu; uud I w«» tl\o wituoHM of HuthM'iugo whioh I luvvo Ui>t tho jH>wor to j.ortrny. At tho oud of tl>o yo»r 1831, \v\\\U\ T wan ou tho loft hiuk of tho MiKsiNdippi \\\ u pltioo utuood hv KutH^ponuit Moniphio, thoiv nrrivod »v utuuorouH huu«i of ('^hootnwH (or ('huolus, «»« thov aro ouIUhI hv tho Krouol» iu LouiftiauiO. Tho^^o »avaj(t>t» luul h*lt thoir oouutrv. auit won* oudoavt>vu'iug to gaiu tlio right bauk of tht* MiHN(sHip)»i, whoro Otoy Ikopoil to iiud au aHvhiiu w)uoh had hoou proudKiHl (hou) hy tho Auiorioau (lovoruukout. It wa?* Ihou th«* u^iihllo of wiulor, uuil tho ooM wan uuusua)'v wovoro ; tho HUi>w luul IVo«ou Imiti upou tho grotual, aud tlu» rivor was drifting hugo uu»knoh of iots Tho huliauH hair (raiu (ho wouudtMl aud (ho nioli, wi( h ohil. drou U(«wly boru, aud old www upou (h«« vorgo o\' doalh. Thoy posHOHMod iu»i»hor («Mdn uor waggoun, bu( t>uly thoir anuH aud Houto proviNiouH. I Maw (hout iMubark to piiM tho uiighty rivt»r, aud u<»vor will (ha( noIoiuu MpiM'lH«'h> fa«lo IVoui u»y rouuMubrauoi'. N»> ory, uo Hob wan hoarti aujougnt tho UHMoudtlod orowd; all wt»ro Hilou(. Thoir oalaudt Ion woro of m 11 346 DEMOCRACY IN AMERICA. I 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 man- ner. When the European population begins to approach the ii-nit of the desert inhabited by a savage iribe, the Government of the United States usually dispatches envoys to them, who assemble the Indians in a large plain, and Living first eaten and drunk with them, accost them in the following manner : * What have you to do in the land of your fathers ? Before long, you must dig up their bones in order to live. In what respect is the country you inhabit better than another ? Are there no woods, marshes, or prairies, except where you dwell? And can you live no- where but under your own sun ? Beyond those mountains which you see at the horizon, beyond the lake which bounds your territory on the West, there lie vast countries where beasts of chase are found in great abundance ; sell your lands to us, and go to live happily in those solitudes.' After hold- ing this language, they spread before the eyes of the Indians fire-arms, woollen garments, kegs of brandy, glass necklaces,' bracelets of tinsel, ear-rings, and looking glasses.^ If, when they have beheld all these riches, they still hesitate, it is in- sinuated 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 1 See, in the Legislative Documents of Congress (Doc. 117), the narrative of "vrhat takes place on these occasions. This curious passage is from the above-men- tioned Report, made to Congress by Messrs. Clarke and Cass in February, 1829, Mr. Cass is now. the Secretary at War. 'The Indians,' says the Report, 'reach the treaty-ground poor and almost naked. Large quantities of goods are taken there by the traders, and are seen and examined by the Indians. The women and children become importunate to have their wants supplied, and their influence is soon exerted to induce a sale. Their improvidence is habitual and unconquerable. The ^.'ratification o£ his immediate wants and desires is the ruling passion of an Indian The expectation of future advantages seldom produces much effect. The exp arience 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 tlieir condition and circumstances are fairly considered, it ought not to sui'prise us that they are so anxious to relieve themselves.' The or PRESENT AND FUTURE CONDITION OF INDIANS. 347 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 uien will be no more.'' The Indians had only the two alternatives of war or civili- sation ; in other words, they must either have destroyed the Europeans or become their equals. At the first settlement of the colonies they might have found it possible, by uniting their forces, to deliver them- selves from the small bodies of strangers who landed on their continent.^ They several times attempted to do it, and were 1 On the 19th of May, 1830, Mr. Edward Everett affirmed before the House of Representatives, that the Americans had already acquired by treaty, to the east and west of the Mississippi, 230,000,000 of acres. In 1808 the Ovages gave up 48,000,000 acres for an annual payment of 1,000 dollars. In 1818 the Quapaws yielded up 29,000,000 acres for 4,000 dollars. They reserved for themselves a territonty of 1,000,000 acres for a hunting-ground. A solemn oath was taken that it should be respected : but before long it was invaded like the rest. Mr. Bell, in his 'Eeport of the Committee 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 ap- propriating wild lands claimed by Indians, has been found more convenient, and certainly it is more agreeable to the forms of justice, as well as more merciful, than to assert the possession of them by the sword. Thus the practice of buying Indian titles is but the substitute which humanity and expediency have imposed, in place of the sword, in arriving at the actual enjoyment of property claimed by the right of discovery, and sanctioned by the natural superiority allowed to the claims of civilised communities over those of savage tribes. Up' to the present time so invariable has been the operation of certain causes, first in dimi- nishing the value of forest lands to the Indians, and secondly in disposing them to sell readiTy, that the plan of buying their right of occupancy has never threatened to retard, i/i any perceptible degree, the prosperity of any of the States.' (Legisla- tive Docunients, 2l8t Congress, No. 227, p. 6.) 2 This ^eems, indeed, to be the opinion of almost all American statesmen. ' Judging of the future by the past,' says Mr. Cass, ' we cannot err in anticipating a progressive diminution of their numbers, and their eventual extinction, unless our border should become stationary, and they be removed beyond it, or unless some radical change should take place in the principles of our intercourse with them, which it is easier to hope for than to expect,' 8 Amongst 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 engaged in war in Virginia in 1622. i!^ » wy w 348 DEAfOCRACY IN AMERICA. I on the point of suooeet^ing; 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 fo be thought of. Nevertheless, there do arise from time Me among the Indians men of penetration, who foresee the final destiny which awaits the native population, and who exert themselves to unite all the tribes in common hostility to the Europeans; but their efforts are unavailing. Those tribes which are in the neighbourhood of the Whites, are too much weakened to offer an effectual resistance; whilst the others, giving way to that childish carelessness of the morrow which characterises savage life, wait for the near approach of dan- ger 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 civilisation ; or that it will be too late, whenever they may be inclined to make the experiment. Civilisation is the result of a long social process which takes place in the same spot, and is handed down from one generation to another, each one profiting by the experience of the last. Of all nations, those submit to civilisation with the most difficulty which habitually live by the chase. Pastoral tribes, indeed, often change their place of abode ; but they follow a regular order in their migrations, and often return again to their old stations, whilst the dwelling of the hunter varies with that of the animals he pursues. Several attempts have been made to diffuse knowledge amongst the Indians, without controlling their wandering propensities; by the Jesuits in Canada, and by the Puritans in New England ; ^ but none of these endeavours were crowned by any lasting success. Civilisation began in the cabin, but it soon retired to expire in the woods. The great error of these legislators of the Indians was their not understanding that, in order to succeed in civilising a people, it is first necessary to fix it; which cannot be done without inducing it to cultivate the soil; the Indians ought in the first place to have been accustomed to agr* ulture. But not only are they destitute of this indispensable preliminary to civilisa- tion, 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 dis- > See the ' Histoire de la Nouvello Fmneo,' by Cliarlevoix, and the work entitled ' Lettres ^difiantes.' : entitled PHESEXr AXD FUTURE COXDITIOX OF IVDIANS, 349 gust for the constant and regular labour which tillage re- quires. We see this proved in the bosom of our own aocietv ; but it is far more visible among peoples whose i)artiality for the chose is a iMirt of their national character. Independently of this general difficulty, there is another, which applies peculiarly to the Indians; they consider labour not merely as an evil, but as a disgrace ; so that their pride prevents them from becoming civilised, as much as their indolence.^ There is no Indian 10 wretched as not to retain under his hut of bark a lofty idea of his personal worth; he considers the cares of industry and labour as degrading occuimtions ; he compares the husbandman to the ox which traces the furrow; and even in our most ingenious handicraft, he can see nothing but the labour of slaves. Not that he is devoid of admiration for the power and intellectual greatness of the Whites ; but although the result of our efforts surprises him, he contemns the means by which we obtain it; and while he acknowledges our ascendency, he still believes in his superiority. War and hunting are the only pursuits which appear to him worthy to be the occupations of a man." The Indian, in the dreary solitudes of his woods, cherishes the same ideas, the same opinions ns the noble of the Middle Ages in his castle, and he only requires to become a con- queror to complete the resemblance ; thus, however strange it may seem, it is in the forests of the New World, and not amongst the Europeans who people its coasts, that the ancient prejudices of Europe are still in existence. > 'In all the tribes/ cm^s Volnev, in his 'Tabloiiu des l^.tnts-Unio/ p. 4*23, * there still exists u geuoration of old warriorn, who cannot forhcnr, Mrhoii tlioy Noe their countrymen using the hoo, from uxcliiiiniuKugiiinsttho dogriuliition of niu'iont manners, and asserting that the siivagoM owe tneir docline to t hoNu innovations ; adding, that they have only to return to their primitive habits in order to ntcovur their power and their glory.' '^ Ths following description occurs in an ofRcial document : — ' Until a young man has boon engaged with an enemy, and has {wrformod Homo acts of valour, ho Sains no consideration, but is regarded nvarly as a woman. In their great war- ances all the warriors in succession strike the post, as it is called, and recount their exploits. On those occasions their auditory consists of the kinsmen, friends, and comrades of the narrator. The profound impression which his discourse pro- duces on them is manifested by the silent attention it rocuivos, and by the loud shouts which hail its termination. The young man who finds himself at such a meeting without anything to recount is vor- unhappy ; nnd instances have sometimes occurred of young warriors, whoso passions had been thus iuilamod, quitting the war-danco suddenly, and going off alono to seek for trophios which they might exhibit, and adventures whi:a they might bo allowed to relate. ' 350 DEMOCRACY JN AMERICA. \ w ; T More than once, in the course of this work, I have endeavoured to explain the prodigious influence which the social condition appears to exercise upon the laws and the manners of men ; and I beg to add a few words on the same subject. When I perceive the resemblance which exists between the political institutions of our ancestors, the Germans, and of the wandering tribes of North America; between the customs described by Tacitus, and those of which I have sometimes been a witness, I cannot help thinking that the same cause has brought about the same results in both hemispheres ; and that in the midst of the apparent diver- sity of human aifairs, a certain number of primary facts may be discovered, from which all the others are derived. In what we usually call the German institutions, then, I am in- clined 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 agri- cultural and civilised, necessity sometimes obliges them to it. Several of the Southern nations, and amongst others the Cherokees and the Creeks,^ w.re surrounded by Euro- peans, who had landed on the shores of the Atlantic; and who, either descending the Ohio or proceeding up the Mis- sissippi, arrived simultaneously upon their borders. These tribes have not been driven from place to place, like their Northern brethren; but they have been gradually enclosed within narrow limits, like the game within the thicket, be- fore the huntsmen plunge into the interior. The Indians who were thus placed between civilisation and death, found themselves obliged to live by ignominious labour like the Whites. They took to agriculture, and without entirely 1 These nations are now swallowed up in the States of Georgia, Tennessee, Alabama, and Mississippi. There were formerly in the South four great nations (remnants of which still exist), the Choctaws, the Chikasaws, the Greeks, and the Cherokees. The remnants of these four nations amounted, m 1830, to about 75,000 individuals. It is computed that there are now remaining in the territory occupied or claimed by the Anglo-American Union about 300,000 Indians. (See Proceedings of the Indian Board in the City of New York. ) The official documents supplied to Congress make the number amount to 313,130. The reader who is curious to know the names and numerical strength of all the tribes which inhabit the Anglo-American territory should consult the documents I refer to. (Legislative Documents, 20th Congress, No. 117, p. 90-105.) [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.] PRESENT AND FUTURE CONDITION OF INDIANS. 351 I have ch the nd the e same tetween ns, and en the I have lat the n both diver- Bts may ed. In am in- lions of 5 North ig agri- hem to others r Euro- ic; and le Mis- These :e their nclosed ket, be- Indians found ike the entirely ennessee, t nations }, and the to about territory n8. (See ocaments er who is sh inhabit legislative 1870 it is of whom forsaking their old habits or manners, sacrificed only as much as was necessary to their existence. The Cherokees went further; they created a written language; established a permanent form of government; and as everything proceeds rapidly in the New World, before they had all of them clothes, they set up a news- paper.^ The growth of European habits has been remarkably accelerated among these Indians by the mixed race which has sprung up." Deriving intelligence from their father's side, without entirely losing the savage customs of the mother, the half-blood forms the natural link between civili- sation 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.' The success of the Cherokees proves that the Indians are capable of civilisation, but it does not prove that they will succeed in it. This difficulty which the Indians find in sub- mitting to civilisation proceeds from the influence of a general cause, which it is almost impossible for them to 1 1 brought back with me to Franca one or two copies of this singular publi- cation. 3 See in the Report of the Committee on Indian Affairs, 2l8t Congress, No. 227, S. 23, the reasons for the multiplication of Indians of mixed blood among the herokees. The principal cause dates from the War of Independence. Many Anglo- Americans of G^eorgia, having taken the side of England, were obliged to retreat among the Indians, where they married. 3 Unhappily the mixed race has been less numerous and less inflaential in North America than in any other country. The American continent was peopled by two great nations of Europe, the French and the English. The former were not slow in connecting themselves with the daughters of the natives, but there was an unfortunate affinity between the Indian character and their own : instead of giving the tastes and habits of civilised life to the savages, the French too often grew passionately fond of the state of wild freedom they found them in. They became the most dangerous of the inhabitants of the desert, and won the friendship of the Indian by exaggerating his vices and his virtues. M. de Senonville, the governor of Canada, wrote thus to Louis XIV. in 1685: — ' It has long be6n be- lieved that in order to civilise 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 Englishman, on the contrary, continuing obstinately attached to the customs and the most in- significant habits of his forefathers, has remained in the midst of the American solitudes just what he was in the bosom of European cities ; he would not allow of any communication with savages whom he despised, and avoided with care the union of his race with theirs. Thus while the French exercised no salutary influence over the Indians, the English have always remained alien from them. ; i I, il m.'.l& ' . ' .'.'SgJ gg If II 352 DEMOCRACY IN AMERICA. 1 escape. An attentive survey of history demonstrates that, in general, barbarous narions have raised themselves to civil- isation by degrees, and by their own efforts. Whenever they derive knowledge from a foreign jjeople, they stood towards it in the relation of conquerors, and not of a con- quered nation. When the conquered nation is enlightened, and the conquerors are half savage, as in the case of the in- vasion of Home by the Northern nations or that of China by the Mongols, the power which victory bestows upon the bar- barian is sufficient tc keep up his importance among civilised men, and permit him to rank as cheir equal, until he be- comes their rival : the one has might on his side, the other has intelligence ; the former admires the knowledge and the arts of the conquered, the latter envies the power of the conquerors. The barbarians at length admit civilised man into their palaces, and he in turn opens his schools to the barbarians. But when the side on which the physical force lies, also possesses an intellectual preponderance, the con- quered party seldom become civilised ; 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 continent could summon up energy enough to attempt to civilise themselves, they might possibly succeed. Superior already to the barbarous nations which surround them, they would gradually gain strength and experience, and when the Europeans should appear upon their borders, they would be [in a 'state, if not to maintain their independence, at least to assert their right to the soil, and to incorporate them- selves with the conquerors. But it is the misfortune of Indians to be brought into contact with a civilised 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 to receive knowledge from the hand of oppression. Living in the freedom of the woods, the North American Indian was destitute, but he had no feeling of inferiority towards anyone; as soon, how- ever, as he desires to penetrate into the social scale of the Whites, he takes the lowest rank in society, for he enters, ignorant and poor, within the pale of science and wealth. After having led a life of agitation, beset with evils and dan- PRESENT AND FUTURE CONDITION OF INDIANS. 353 iteR that, J to civil- Wbenever ley stood of a con- ightened, of the in- ' China by I the bar- g civilised il he be- the other e and the er of the iised man Is to the sical force the con- ats, or is way, that that they art of the ttempt to Superior lem, they ind when ley would e, at least ite them- brtune of 3d people, »us nation : to find sdge from n of the 5, but he icon, how- ale of the he enters, id wealth, 3 and dan- gers, but at the same time filled with proud emotions,* he is obliged to submit to a wearisome, obscure, and degraded state ; and to gain the bread which nourishes him by hard and ignoble labour; such are in his eyes the only results of which civilisation can boast : and even this much he is not sure to obtain. When the Indians undertake to imitate their European neighbours, and to till tie earth like the settlers, they are immediately exposed to a very formidable competition. The white man is skilled in the craft of agriculture; the Indian is a rough beginner in an art with which he is unacquainted. The former reaps abundant crops without difficulty, the latter meets with a thousand obstacles in raising the fruits of the earth. 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 cannot live. He can only procure the materials of com- fort by bartering his commodities against the goods of the European, for the assistance of his countrymen is wholly in- sufficient to supply his wants. When the Indian wishes to sell the produce of his labour, he cannot always meet with a purchaser, whilst the European readily finds a market; and ' There is in the adventurous life of the hunter a certain irresistible charm, ■which seizes the heart of man, and carries him away iu spite of reason and expe- rience. This is plainly shown by the memoirs of Tanner. Tanner is a European' Avho was carried away at the age of six by the Indians, and has remained thirty years with them in the woods. Nothing can be conceived more appalling than the. miseries which he describes. He tells us of tribes without a chief, families with- out 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, traditions are without power. They become more and more savage. Tanner shared in all tliese miseries ; he was aware of his European origin ; he was not kept away from the wliites by force ; on the contrary, he came every year to trade with them, entered their dwellings, and witnessed their enjoyments ; he knew that whenever ho chose to return to civilised life he was perfectly able to do so— and he remained thirty years in the deserts. When he came into civilised society he declared that the rude existence which he described, had a secret charm for him which he was unable to define : he returned to it again and again : at length he abandoned it with poignant regret ; and when he was at length fixed among the Whites, several of his children refused to share his tranquil and easy situation, I saw Tanner myself at the lower end of Lake Superior; beseemed tome to be more like a savage than a civilised being. His book is written without either taste or order ; but he gives, even unconsciously, a lively picture of the prejudices, the passions, the vices, and, above all, of the destitution in which he lived. .:m VOL. I. A A y 354 lb. liiii fe DEMOCRACY IN AMERICA. considerable the former can only produce at 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 civilised communities ; and he finds it scarcely less diffi- cult to live in the midst of our abundance, than in the depth of his own wilderness. He has not yet lost the habits of his erratic life ; the traditions of his fathers 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 in- dependence which he possessed amongst his equals with the servile position which he occupies in civilised 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 for ■€ver.^ The condition of the Creeks and Cherokees, to which 1 The destructive influence of highly civilised nations upon others which are less so, has been exemplified by the Europeans themselves. About a century ago the French founded the town of Viucenues upon the Wabash, in the middle of the ddsert ; and they lived there in great plenty until the arrival of the American settlers, who first ruined the previous inhabitants by their «ompetitioii, 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 uniustructed : 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 thom in intelligence : they were industrious, well-informed, rich, and accustomed to govern their own community. I myself saw in Canada, where the intellectual difference between the two races is less striking, that the English are the masters of commerce and manu- facture in the Canadian country, that they spread on all sides, and confine the French within limits which scarcely suffice to contain thom. In liite manner, in Louisiana, almost all activity in commerce and manufacture centres in the hands of the Anglo-Americans. But the ease of Texas is still more striking : the State of Texas is a part of Mexico, and lies upon the frontier between that country and the United States. In the course of the last few years the Anglo-Americans have penetrated into this province, which is still thinly peopled; they purchase laud, they produce the t o e (L II w tl r< tl L. w PRESENT AND FUTURE CONDITION OF INDIANS. 355 )st tliat 3 Indian ) nations miseries ess diflfi- tie depth life ; the ^hase are formerly troubled > be less A the in- with the ety. On his free )ring him n a sum, md which Deans may i peaceful |e plough, erness for to which others which 3. About a Wabash, in 1 the arrival Its by theii- rate. At the ssed through individuals, hese French . contracted leirinferiort), intelligence : rn their own veen the two 10 and manu- d confine tlio e manner, in in the hands is a part of ted States. In ated into this produce the 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 requiie time to learn, whatever may be their intelligence and their zeal. Whilst the savages were engaged in the work of civilisation, the Europeans continued to sur- round them on every side, and to confine them within narrower limits ; the two races gradually met, and they are now in immediate juxtaposition to each other. The Indian is already superior to his barbarous parent, but he is still very far below his white neighbour. With their resources und acquired knowledge, the Europeans soon appropriated to themselves most of the advantages which the natives might have derived from the possession of the soil ; they have settled in the country, they have purchased land at a very low rate or have occupied it by force, and the Indians have been ruined by a competition which they had not the means of resisting. They were isolated in their own country, and their race only constituted a colony of troublesome aliens in . the midst of a numerous and domineering people.^ Washington said in one of his messages to Congress, 'We are more enlightened and more powerful than the Indian nations, we are therefore bound in honour to treat oommodities of the country, and supplant the original population. It may easily be foreseen that if Mexico takes no steps to check this change, the province of Texas will very shortly cease to belong to that Government. If the different degrees— comparatively so slight— which exist in European civilisation produce results of such magnitude, the consequences which must ensue from the collision of the most perfect European civilisation with Indian savages may readily be conceived. ^ See in the Legislative Documents (2l8t Congress, No. 89) instances of excesses of every kind committed by the Whites upon the territory of the Indians, either in taking possession of a part of their lands, until compelled to retire by the troops of Congress, or carrying off their cattle, burning their houses, cutting down their corn, and doing violence to their peraons. It appears, nevertheless, from all these documents that the claims of the natives are constantly protected by the Govern- ment 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 favourable to the Indians. The intrusion of Whites,' ho says, ' upon the lands of the Cherokee would cause ruin to the poor, helpless, and inoffensive inhabitants.' And he further remarks upon the attempt of the State of Georgia to establish a division line for the purpose of limiting too boundariosof the Cherokees, that the line drawn having been made by the Whites, and entirely upon ex ■parte evidence of their several rights, was of no validity whatever. m m m 356 DEMOCRACY IN AMERICA. them with kindness and even with generosity.' But this virtuous and high-minded policy has not been followed. The rapacity of the settlers is usually backed by the tyranny of the Grovernment. Although the Cherokees and the Creeks are established upon the territory which they inhabited before the settlement of the Europeans, and although the Americans have frequently treated with them as with foreign nations, the surrounding States have not consented to acknowledge them as independent peoples, and attempts have been made to subject these children of the woods to Anglo-American magistrates, laws, and customs.^ Destitution had driven these unfortunate Indians to civilisation, and oppression now drives them back to their former condition : many of them abandon the soil which they had begun to clear, and return to their savage course of life. If we consider the tyrinnical measures which have been adopted by the legislatures of the Southern States, the con- duct of their Governors, and the decrees of their courts of justice, we shall be convinced that the entire expulsion of the Indians is the final result to which the eflforts of their policy are directed. 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 civilisation has permanently fixed them to the soil, it is intended to force them to recede by reducing them to despair. The Creeks and Cherokees, op- pressed by the several States, have appealed to the central 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.' 1 In 1829 the State of Alabama divided the Creek territory into countJes, and Hubjeeted the Indian population to the p -"er of European magistrates. In 1830 the State of Mississipi assimilated the Choctaws and Chickasaws to the white population, and declared that any of them that should take the title of chief would bo punished by a flno of 1000 dollars and a year's imprisonment. When these laws were enforced upon the Choctaws, who inhabited that district, the tribe assembled, their chief communicated to them the intentions of the Whites, and read to them some of the laws to which it was intended that they shouH. sub- mit ; and they unanimously declared that it was better at once to retreat again into the wilds. 2 The Georgians, who are so much annoyed by the proximity of the Indians, inhabit a territory which does not at present conUiin more than seven inhabitants to the square mile. In France there are one hundred and sixty-two inhabitants to the same extent of countrjy. •' In 1818 Congress appointed commissioners to visit the Arkansas territory. But this followed. tyranny e Creeks fd before mericana nations, Qowledge en made A.merican d driven sion now of them id return ave been the con- courta of lulsion of ; of their b of the they are iitions of itly fixed recede by ikees, op- le central leir mis- mnant of possession respect.* count) e», and es. hickasaws to e the title of aprisonment. that district, f the Whites, y shouH. sub- sat again into the Indians, n inhabitants inhabitants 9as territory. PRESENT AND FUTURE CONDITION OF INDIANS. 357 But the several States oppose so formidable a resistance to the execution of this design, that the Grovemment is obliged to consent to the extirpation of a few barbarous tribes in order not to endanger 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 trans- port them into more remote regions at the public cost. Between the 33rd and 37th degrees of north latitude, a vast tract of country lies, which has taken the name of Arkansas, from the principal river that waters its extent. It is bounded on the one side by the confines of Mexico, on the other by the Mississippi. Numberless streams cross it in every direction ; the climate is mild, and the soil productive, but it is only inhabited by a few wandering hordes of savages. The Government of the Union wishes to transport the broken remnants of the indigenous population of the South to the portion of this country which is nearest to Mexico, and at a great distance from the American settle- ments. We were assured, towards the end of the year 1831, that 10,000 Indians had already gone down to the shores of the Arkansas ; and fresh detachments were constantly following them ; but Congress has been unable to excite a unanimous determination in those whom it is disposed to protect. Some, indeed, are willing to quit the seat of oppression, but the most enlightened members of the community refuse to abandon their recent dwellings and their springing crops ; they are of opinion that the work of civilisation, once inter- rupted, will never be resumed ; they fear that those domestic habits which hasre been so recently contracted, may be irre- vocably lost in the midst of a country which is still barbarous, and where nothing is prepared for the subsistence of an agricultural people ; they know that their entrance into those wilds will be opposed by inimical hordes, and that they have lost the energy of barbarians, without acquiring the resources of civilisation to resist their attacks. More- over, the Indians readily discover that the settlement which is proposed to them is merely a temporary expedient. Who accompanied by a deputation of Creeks, Choctaws, and Chickasaws. This expodi" tion was commanded by Messrs. Kennerly, M'Coy, Wash Hood, and John Hell. See the diflFerent reports of the commissioners, and their journal, in the Documents of Congress, No. 87, House of Representatives. );;!' '■ n i ' Si- i;i ir o to be one of the mo^it eloquent and touchinp^ parts of this book. lUtt it \\an counimI to be prophetic; the destruction of the Indian race in the United States isalreatly con- summated. In 1870 there remainetl but 2r),7.'U Indians in the whole territory of the Union, and of these by far the largest part exist in California, Michigan, Wis- consin, Dakotiv, and Now Mexico anil Ntivada. In New i'inufhuxl, Pennsylvania, and New York the race is extinct; and the predictions of M. do Tocqueville are fulfilled.] SITUATION OF THE BLACK POPULATION IN TIIK UNITED STATES, AND DANGERS WITH WHICH ITS PRESENCE THREATENS THE WHITES. Why it is more difficult to abolish slavery, and to efface all vestifjes of it amongst the moderns than it was amongst the ancients -In the United States the pre- judices of the Whites against the lilacks 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 debasoiH the slave, impoverishes the muster — Contrast between the left and the riglit liaiik of the Ohio -To what attributable — The Wack race, as well iis slavery, recedes towards the South -Explanation of this fact—DifWcultics attendant njti>n the abolition of slavery in the South -Dangers to come General anxiety — Foundation of a Ulack colony in Africa Why the Americans of the South increase the hardships of slavery, whilst thoy are distressed at its con- tinuance. 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, 1 See, amongst other documents, the Report made by Mr. Hell in the name of the Committee on Indian Affairs, February 24, 18.'30, in which is most logically established and most learnedly proved, that 'the fundamental principle, that the Indians had no I'ight by virtue of their ancient possession either of will or sovereignty, has never been abandoned either expressly or by implicatiim.* In perusing this repor* -hich is evidently drawn up by an experienced hand, one is astonished at the fav.. ty with which tne author gets rid of all arguments fou'uled upou reason and natural right, which he designates as abstract and thooretii ,'.1 principles. The more I.contemplate the difference between civilised and uncivilised man with regard to the principles of justice, the more I observe that the former contests the justice of those rights which the latter simply violates. £if 11 m 362 DEMOCRACY IN AMERICA. and they are alike unable entirely to separate or to combine. The most formidable of all the ills which threaten the future existence of the Union arises from the presence of a black population 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 usually produced by the vehement or the increasing efforts of men ; but there is one calamity which penetrated fur- tively into the world, and which was at first scarcely distin- guishable 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 effort, and spreads naturally with the society to which it belongs. I need scarcely add that this calamity is slavery. Christianity suppressed slavery, but the Christians of the sixteenth century re-established it — as an exception, indeed, to their social system, and restricted to one of the races of mankind ; but the wound thus inflicted upon humanity, though less extensive, was at the same time rendered far more difficult of cure. It is important to make an accurate distinction between slavery itself and its consequences. The immediate evils which are produced by slavery were very nearly the same in antiquity as they are amongst the moderns ; but the conse- quences 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^ and instruc- tion. 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 servi- tude itself was abolished. There is a natural prejudice which prompts men to despise whomsoever has been their inferior ^ It is well known that several of the most. distinguished authoi'S of antiquity, and amongst them Mao^ and Terence, were, or had been slaves. Slaves were not always taken from barbarous nations, and the chances of war reduced highly civilised men to servitude. I {'I PRESENT AND FUTURE CONDITION OF NEGROES. 363 »mbine. I future \ black ig the lungers lonsider ted are efforts ed fur- distin- ginated served ; 'tion of without hich it slavery. of the indeed, races of manity, a,r more )etween ;e evils same in conse- gst the and he instruc- n ; and bunded eans of that of they States, servi- 3 which inferior mtiquity, ■were not 2d hi};hly 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 implanted in the manners of the people. Nevertheless, this secondary conse- quence of slavery was limited to a certain term amongst the ancients, for the freedman bore so entire a resemblance to those born free, that it soon became impossible to distinguish him from amongst them. The greatest difficulty in antiquity was that of altering the law ; amongst the moderns it is that of altering the man- ners ; and, as far as we are concerned, the real obstacles begin where those of the ancients left off. This arises from the circumstance that, amongst the moderns, the abstract and transient fact of slavery is fatally united to the physical and permanent fact of colour. The tradition of slavery dis- honours the race, and the peculiarity of the race perpetuates the tradition of slavery. No African has ever voluntarily emigrated to the shores of the New World ; whence it must be inferred, that all the blacks who are now to be found in that hemisphere are either slaves or freedmen. Thus the negro transmits the eternal mark of his ignominy to all his descendants ; and although the law may abolish slavery, God alone can obliterate the traces of its existence. The modern slave differs from his master not only in his condition, but in his origin. You may set the negro free, but you cannot make him otherwise than an alien to the European. Nor is this all ; we scarcely acknowledge the commOii features of mankind in this child of debasement whom slavery has brought amongst us. His physiognomy is to our eye^ hideous, his understanding weak, his tastes low ; and we are almost inclined to look upon him as a being intermediate between man and the brutes.^ 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 preju- dice of the master, the prejudice of the race, and the preju- dice of colour. It is difficult for us, who have had the good fortune to be born amongst men like ourselves by nature, and equal to ourselves by law, to conceive the irreconcilable differences 1 To induce the whites to abandon the opinion they have conceived of the moral and intellectaal inferiority of thoir former slaves, the negroes must change ; but as long as this opinion subsists, to change is impossible. \>l F?' 364 DEMOCRACY IN AMERICA, 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 distinc- tions of rank existed, that had been created by the legisla- tion. Nothing can be more fictitious than a purely legal inferiority ; nothing more contrary to the instinct of man- kind than these permanent divisions which had been estab- blished between beings evidently similar. Nevertheless these divisions subsisted for ages ; they still subsist in many places ; and on all sides they have left imaginary vestiges, which time alone can efface. If it be so difficult to root out an in- equality 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 extreme difficulty with which aristocratic bodies, of whatever nature they may be, are commingled with the mass of the people ; and the exceeding care which they take to preserve the ideal boundaries of their caste inviolate, I despair of seeing an aristocracy disappear which is founded upon visible and indelible signs. Those who hope that the Europeans will ever mix with the negroes, appear to me to delude themselves ; and I am not led to any such conclusion by my own reason, or by the evidence of facts. Hitherto, wherever the whites have been the most power- ful, 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 re- tribution which has ever taken place between the two r^ces. I see that in a certain portion of the territory of the United States at the present day, the legal barrier which separated the two races is tending to fall away, but not that which exists in the manners of the country ; slavery recedes, but the prejudice to which it has given birth remains stationary. Whosoever has inhabited the United States must have perceived that in those parts of the Union in which the negroes are no longer slaves, they have in nowise drawn nearer to the whites. On the contrary, the prejudice of the race appears to be strc ger in the States which have abolished slavery, than in those where it still exists ; and no- where is it so intolerant as in those States where servitude has never been known. It is true, that in the North of the Union, marriages may be legally contracted between negroes and whites ; but public PRESENT AND FUTURE CONDITION OF NEGROES. 365 nion in opinion would stigmatise 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 fran- chise has been conferred upon the negroes in almost all the States in which slavery has been anolished ; 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 ; and although they may legally serve as jurors, prejudice repulses them from that office. The same schools do not receive the child of the black and of the European. In the theatres, gold cannot procure a seat for the servile race beside their former masters ; in the hospitals they lie apart ; and although they are allowed to in- voke the same Divinity as the whites, it must be at a different altar, and in their own churches with their own clergy. The gates of Heaven are not closed against these unhappy beings ; but their inferiority is continued to the very confines of the other world ; when the negro is defunct, his bones are cast aside, and the distinction of condition prevails even in the equality of death. The negro is free, but he can share neither the rights, nor the pleasures, nor the labour, 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. In the South, where slavery still exists, the negroes are less carefully kept apart ; they sometimes share the labour 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 dis- tinctly perceives the barrier which separates him from the degraded race, and he shuns the negro with the more perti- nacity, since he fears lest they should some day be confounded together. Amongst the Americans of the South, Nature sometimes re-asserts her rights, and restores a transient equality be- tween the blacks and the whites ; but in the North pride re- strains 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 \- A ■kii Mi'i 'vy\ i :!! 366 DEMOCRACY JN AMERICA. iv. 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 repels the negroes seems to increase in proportion as they are emancipated, and inequality is sanctioned by the man- ners whilst it is effaced from the laws of the country. But if the relative position of the two races which inhabit the United States is such as I have described, it may be asked why the Americans have abolished slavery in the North of the Union, why they maintain it in the South, and why they aggravate its hardships there ? The answer is easily given. It is not for the good of the negroes, but for that of the whites, that measures are taken to abolish slavery in the United States. The iirst negroes were imported into Virginia about the years 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 diminished towards the Northern States, and the negro popu- lation was always very limited in New England.'* A century had scarcely elapsed since the foundation of the colonies, when the attention of the planters was struck by the extraordinary fact, that the provinces which were comparatively destitute of slaves, increased in population, in wealth, and in prosperity more rapidly than those which contained the greatest number of negroes. In the former, however, the inhabitants were obliged to cultivate the soil themselves, or by hired labourers ; in the latter they were furnished with hands for which they paid no wages ; yet although labour and expense were on the one side, and ease with economy on the other, the former were in possession of 1 See ' Beverley's Histoiy of Virginia.* See also in ' Jefferson's Moraoirs'somo curious details concerning the introduction of negroes into Virginia, and the first Act which prohibited the importation of them in 1778. ^ Th iiuniber of slaves was less considerable in the North, but the advantages resulting ) ->m slavery were not more contested there than in the South. In 1740, the Legislaluro of the State of New York declared that the direct importation of slaves ouglit to be encouraged as much as possible, and smuggling severely punished in order not to discourage the fair trader. (• Kent's Commentaries,' vol. ii. p. 206.) Curious researches, by Belknap, upon slavery in New England, are to be found in the 'Historical Collection of Massachusetts,* vol. iv. p. 193. It appears that negroes were introduced there in 1630, but that the legislation and manners of the people wore opposed to slavery from the first ; see also, in the same work, the manner in M'hieh public opinion, and afterwards the laws, finally put an end to slavery. PRESENT AND FUTURE CONDITION OF NEGROES. 367 e partner ho might lice which 1 as they the raan- ry. But labit the be asked North of why they ily given, at of the ry in the ibout the le rest of ! it spread of slaves gro popu- idation of as struck lich were )pulation, )se which e former, the soil hey were ^es ; yet and ease session of jmoirs'somo and tho first 3 advantages h. In 1740, portation of ely punished ii. p. 1K)6.) to be found ippears that manners of no work, tho ut an end to the most advantageous system. This consequence seemed to be the more difficult to explain, since the settlers, who all be- longed to the same European race, had the same habits, the same civilisation, the same laws, and their shades of difference were extremely slight. Time, however, continued to advance, and the Anglo- Americans, spreading beyond the coasts of the Atlantic Ocean, penetrated further and further into the solitudes of the West; they met with a hew soil and an unwonted climate ; the obstacles which opposed them were of the most various character; their races intermingled, the in- habitants 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 preju- dicial to the master. But this truth was most satisfactorily demonstrated when civilisation reached the banks of the Ohio. The stream which the Indians had distinguished by the name of Ohio, or Beautiful River, waters one of the most magnificent valleys which has ever been made the abode of man. Un- dulating lands extend upon both shores of the Ohio, whose soil affords inexhaustible treasures to the labourer ; on either bank the air is wholesome and the climate mild, and each of them forms the extreme frontier of a vast State : that which follows the numerous windings of the Ohio upon the left is called Kentucky, that upon the right bears the name of the river. These two States only differ in a single respect ; Kentucky has admitted slavery, but the State of Ohio has prohibited the existence of slaves within its borders.^ Thus the traveller who floats down the current of the Ohio to the spot where that river falls into the Mississippi, may be said to sail between liberty and servitude ; and a transient inspection of the surrounding objects will convince him as to which of the two is most favourable 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 ' Not only h slavery prohibited in Ohio, but no free negroes nre allowed to enter tho territory of that State, or to hold property in it. See tho Statutes of Ohio. :i -i; 368 DEMOCRACY IN AMERICA, the half-desert fields; the primaeval forest recurs at every turn ; society seems to be asleep, man to be idle, and nature alone offers a scene of activity and of life. From the right bank, on the contrary, a confused hum is heard which pro- claims the presence of industry ; the fields are covered with abundant harvests, the elegance of the dwellings announces the taste and activity of the labourer, and man appears to be in the enjoyment of that wealth and contentment which is the reward of labour.^ The State of Kentucky was founded in 1775, the State of Ohio only twelve years later; but twelve year? 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 hundred and fifty thousand souls.'' These opposite conse- quences of slavery and freedom may readily be understood, and they suffice to explain many of the differences which we remark between the civilization of antiquity and that of our own time. Upon the left bank of the Ohio labour 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 hoiioured; on the former territory no white labourers can be found, for they would be afraid of assimilating themselves Lo the. negroes ; on the latter no one is idle, for the white population extends its activity and its intelligence to every kind of employ- ment. 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 dishonour. It is true that in Kentucky the planters are not obliged to pay wages to the slaves whom they employ ; but they de- rive small profits from their labour, 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 1 Tho activity of Ohio i:? not confined to individuals, but the undertakings of the State are surprisingly great : a canal has boon o.siablishod botwoon Lake Erie and the Ohio, by moans of which the valley of tho Mississippi communicates with tho river of the North, and the European commodities which arrive at Now York may bo forwarded by water to Now Orleans across five huiuirud leagues of continent. " Tho exact numbers given by the census of 1830 were : Kontui-ky, 088,844 ; Ohio, 937,679. [In 1870 tho population of Ohio was 2,005,200, that of Kentucky 1,321,011.] PRESENT AND FUTURE CONDITION OF NEGROES. 369 his work quicker than the slave, and rapidity of execution is one of the great elements of economy. The white sells his services, but they are only purchased at the times at which they may be useful; the black can claim no remunera- tion for his toil, but the expense of his maintenance is per- petual; 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 wnges in money, the slave in edu- cation, 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 ; t\\{i 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 labour is less productive.^ The influence of slavery extends still further; it affecls the character of the master, and imparts a peculiar tendency to his ideas and his tastes. Upon both banks of the Ohio, the character of the inhabitants is enterprising and ener- getic; but this vigour is very differently exercised in the two States. The v\'«ite inhabitant of Ohio, who is obliged to subsist by his own exertions, regards temporal prosperity as the principal aim of his existence; and as the country which he occupies presents inexhaustible resources to his industry and ever-varying lures to his activity, his acquisi- tive ardour surpasses the ordinary limits of human cupidity : he is tormented by the desire of wealth, and he boldly enters upotf every path which fortune opens to him ; he becomes a sailor, a pioneer, an artisan, or a labourer with the same ,/, iii M • 1 . •v\ 1 Independently of these causen, which, whorovor froe workmen ii1)0tind, vender their labour more productive and more ocorioinioal than that of slavoH, another cause may be pointed out wliieh is peculiar to the United States : the sun;ar-(!ano has hitherto been cultivated with success only upon the banks of the Mississipiti, near the mouth of that river in the (hilf of Mexico. In liouisiana the cultivation of the sugar-cane is exceedingly lucrative, and nowhere does a labourer earn so much by his work , and, ns tliero is always a ccu'tain relation between the cost of Eroiluction and the value of the produce, the price of slaves is very high in ouisiana, IJut Louisiana is one of the (,'oiifedot ate States, and slaves may be carried thither from all parts of the Union ; the price given for slaves in Now Orleans consequently raises the value of slaves in all the other markets. The consequence of this is, that in the countries Avheretlie land is loss pron : and jes are of lavery is tiese pro- igar-cane ne of the f slavery be con- st either aid come )erienced cultivate have to e South, r reasons )t operate •e cogent igorously territory e driven »ld reault low that in the I number ricts. It an 8 were of them ■ards the South, the prejudice which sanctions idleness increases in power. In the States nearest to the Tropics there is not a single white labourer; the negroes are consequently much more numerous in the South than in the North. And, as I have already observed, this disproportion increases daily, since the negroes are transferred to one part of the Union as soon as slavery is abolished in the other. Thus the black population augments in the South, not only by its natural fecundity, but by the compulsory emigration of the negroes from the North ; and the African race has causes of increase in the South very analagous to those which so powerfully accelerate the growth of the European race in the North. lu the State of Maine there is one negro in three hun- dred inhabitants ; in Massachusetts, one in one hundred ; in New York, two in one hundred ; in Penusylvania, three in the same number ; in Maryland, thirty-four ; in Virgi- nia, forty-two; and lastly, in South Carolina^ fifty-five per cent. Such was the proportion of the black population to the whites in the year 1830. But this proportion is per- petually changing, as it constantly decreases in the North and augments in the South. It is evident that the most Southern States of the Union cannot abolish slavery without incurring very great dan- gers, 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 transi- tion from slavery to freedom, by keeping the present gene- ration 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 become their own masters. 1 We find it asserted in an American work, entitled ' Letters on the Colonisa- tion Society,' by Mr. Carey, 3833, 'That for the last forty years the black race has increased more rapidly than the white race in the State of South Carolina ; and that if we take the average population of the five States of the South into which slaves were first introduced, viz., Maryland, Virginia, South Carolina, North Carolina, and Georgia, we shall find that from 1790 to 1830 the whites have augmented in the proportion of 80 to 100, and the blacks in tliat of 112 to 100.' In the United States, in 1830, the population of the two races stood as follows : — States where slavery is abolished, 6,505,434 whites ; 120,520 blacks. Slave States, 3,960,814 whites ; 2,208,102 blacks. [In 1870 the United States contained a population of 33,589,377 whites, and 4,880,009 negroes.] 'i- II Ji: I 378 DEMOCRACY IN AMERICA. But it would be difficult to apply this method in the South. To declare that all the negroes born after a certain period shall be free, is to introduce the principle and the notion of liberty into the heart of slavery; the blacks whom the law thus maintains in a state of slavery from which their children are delivered, are astonished at so unequal a fate, and their astonishment is only the prelude to their impatience and irritation. Thenceforward slavery loses, in their eyes, that kind of moral power which it derived from time and habit ; it is reduced to a mere palpable abuse of force. The North- ern States had nothing to fear from the contrast, because in them the blacks were few in number, and the white popula- tion was very considerable. But if this faint dawn of free- dom were to show two millions of men their true position, the oppressors would have reason to tremble. After havinj^f 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 migration ensues upon the abolition of slavery, or even pre- cedes that event when circumstances have rendered it pro- bable; the slaves quit the country to be transported south- wards ; 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 labour has not yet been reinstated in its rightful honours. Besides, they very justly look upon the States in which the proportion of the negroes equals or exceeds that of the whites, as exposed to very great dangers ; and they refrain from turning their activity in that direction. Thus the inhabitants of the South would not be able, like their Northern countrymen, to initiate the slaves gradually into a state of freedom by abolishing slavery ; they have no means of perceptibly diminishing the black population, and they would remain unsupported to repress its excesses. So that in the course of a few jears, a great people of free negroes would exist in the heart of a white nation of equal size. PRESENT AND FUTURE CONDITION OF NEGROES. 379 be South, in period notion of 1 the law r children and their lence and syes, that nd habit ; lie North- )ecause in e popula- Q of free- ! position, er havinor opeans of to extend a twofold even pre- id it pro- ed south- 11 as the ace. But ler in the slaves is removed ler hand, are afraid s not yet ihey very on of the exposed ing their able, like gradually r have no ition, and sses. So e of free L of equal 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 Euro- peans are the sole owners of the land ; the absolute masters of all labour ; and the only persons who are possessed of wealth, knowledge and arms. The black is destitute of all these advant'iges, but he subsists without them because he is a slave. If he were free, and obliged to provide for his own subsistence, would it be possible for him to remain without these things and to support life? Or would not the very instruments of the present superiority of the white, whilst slavery exists, expose him to a thousand dangers if it were abolished ? As long as the negro remains a slave, he may be kept in a condition not very far removed from that of the brutes ; but, with his liberty, he cannot but acquire a degree of in- struction which will enable him to appreciate his misfor- tunes, 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 re- marked between different classes. It is more easy for them to admit slavery, than to allow several millions of citizens to exist under a load of eternal infamy and hereditary wretched- ness. In the North the population of freed negroes feels these hardships and resents these indignities ; but its num- bers 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 situation of two alien communities, it will readily be under- stood 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 ^ This opinion is sanctioned by authorities infinitely weightier than anything that I can say: thus, for instance, it is stated in the 'Memoirs of Jefferson '(as collected by M. Conseil), • Nothing is more clearly written in the book of destiny than the emancipation of the blacks ; and it is equally certain that the two races will never live in a state of equal freedom under the same government, so insur- mountable are the barriers which nature, habit, and opinions have established between them.' =" • ' 1 380 DEMOCRACY IN AMERICA, 1 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 sur- prising changes in society; but a whole people cannot rise, as it were, above itself. A despot who should subject the Americans and their former slaves to the same yoke, might perhaps succeed in commingling their races; but as long as the American democracy remains at the head of affairs, no one will undertake so difficult a task ; and it may be fore- seen that the freer the white population of the United States becomes, the more isolated x^ill 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 irue 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 Amorica, 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 luces may really be said to be combined ; or rather to hav^v' been absorbed in a third race, which is connected with both witaout 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 (Jnion than in the North, but still they are infinitely more scarce than in any other European colony : mulattoes are by no means numerous in the United States ; they have no force peculiar to themselves, and when quarrels originating in differences of colour take place, they generally side with the whites; just as the lacqueys of the great, in Europe, assume the contemptuous airs of nobility to the lower orders. The pride of origin, which is natural to the English, is singularly augmented by the personal pride which demo- cratic 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 inter- • If tho British West India planters hail ^^ovorneil thonisolvos, thoy would BBsuredly not havu paHsud tho Slavu Kinanoipatiun liiU which tiiu ntothur-tiuuntry baa recently impuaod upon them. FUESEAT AND FUTURE CONDITION OF NEGROES. 381 mingle 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, phioed, as lie must for ever be, between the white man with all his physical and moral superiority and the negro, will ever think of preferring the latter? The Americans of the Southern States have two powerful passions which will always keep them aloof ; the tirst is the fear of being assimilated to the negroes, their former slaves ; and the second the dread of sinking below the whites, their neighbours. If I were called upon to predict whut 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, in- crease the repugnance of the white j)opulation for the men of colour. I found this opinion upon the analogous obser- vation 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 8ei)aration 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 coloured population per[)etually accu- mulates iu 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 de- rive 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 Stal-Kia of the Union ? Jhit. if it be asked what the issue of the struggh* is likely to be, it will readily be understood that we are liere left to form a very vague surmise of the truth. The human mind may succeed in tracing a wide circle, as it were, whi(!h includes tiu! course of future (svents ; but within that circle a thousand various chances and circumstanees may direct it in as many different ways ; and in every picture of the future! tluue is a dim spot, which the eye of the understanding cannot penc^tratc^ It 4ippears, however, to be ext namely probable! that in the West Indian Islands the white race is destined to be subdued, ' ' > II I' II li II -,' 382 DEMOCRACY IN AMERICA. and the black population to share the same fate upon the continent. In the West India Islands the white planters are sur- rounded by an immense black population ; on the continent, the blacks are placed between the ocean and an innumerable people, which already extends over them in a dense mass, from the icy confines of Canada to the frontiers of Virginia, and from tne 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 Grulf of Mexico, has a chance of success if the American Union is dissolved when the struggle between the two races begins. If the Federal tie were broken, the citizens of the South would be wrong to rely upon any lasting succour 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 colour will be insuf- ficient 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 supe- riority of knowledge and of the means of warfare; but the blacks will have numerical strength and the energy of de- spair upon their side ; and these are powerful resources to men who have taken up arras. The fate of the white popu- lation of the Southern States will, perhaps, be similar to that of the Moors in Spain. After having occupied the land for centuries, it will perhaps be forced to retire to the country whence its ancestors came, and to abandon to the negroes the possession of a territory, which Providence seems to have more peculiarly destined for them, since they can subsist and labour in it more easily than the whites. The danger of a conflict between the white and the black inhabitants of the Southern States of the Union — a dcanger 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, al- though they have no direct injury to fear from the struggle ; but they vainly endeavour to devise some means of obviating i t PRESENT AND FUTURE CONDITION OF NEGROES. 383 ipon the are sur- ontinent, umerable se masS) Virginia, 8 of the I remain II escape must be opulation • Mexico, dissolved If the would be Northern .nger can to march fation, it )e insuf- out, the to their se supe- but the y of de- ►urces to te popu- ,r to that land for country negroes to have subsist he black danger rpetually labitants ,tion, al- itruggle ; )bviating the misfortunes which they foresee. In the Southern States the subject is not discussed : the planter does not allude to the future in conversing with strangers ; the citizen does not communicate his apprehensions to his friends ; he seeks to conceal them from himself ; but there is something more alarming in the tacit forebodings of the South, than in the clamorous fears of the Northern States. This all-pervading disquietude has given birth to an un- dertaking which is but little known, but which may have the effect of changing the fate of a portion of the human race. From apprehension of the dangers which I have just been describing, a certain number of American citizens have formed a society for the purpose of exporting to the coast of Guinea, at their own expense, such free negroes as may be willing to escape from the oppression to which they are subject.* In 1820, the society to which I allude formed a settlement in Africa, upon the seventh degree of north lati- tude, which bears the name of Liberia. The most recent intelligence informs us that two thousand five hundred negroes are collected there ; they have introduced the demo- cratic institutions of America into the country of their fore- fathers ; and Liberia has a representative system of govern- ment, 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 hun- dred years have now elapsed since the inhabitants of Europe undertook to tear the negro from his family and his home, in order to transport him to the shores of North America ; at the present day, the European settlers are engaged in sending back the descendants of those very negroes to the continent from which they were originally taken ; and the barbarous Africans have been brought into contact with civilisation in the midst of bondage, and have become ^ This society assumed tho name of 'The .Socioty for tho CoIoiiiHntion of thu Blacks.' Hoo its annual roports; and more particularly tho flftoonth. See also tho pamphlet, to which allusion has already been made, entitled, 'Letters on tho Colonisation yociety, and on its probable liesulta,' by Mr, Carey, Philadelphia, 1833. " This last regulation was laid down by tho founders of the sottloment ; thov apprehended that a state of things might arise in Africa similar to that whicn exists on tho frontiers of the United States, and that it tho ni^groos, like tho Indians, were brought into collision with a people moru enlightened than themselves, they would bo destroyed before they could be civilised. ' '! . ' IS i H ill 384 DEMOCRACY IN AMERICA. 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 in- troduced by Africans themselves. The settlement of Liberia is founded upon a lofty and a most fruitful idea ; but whatever may be its results with regard to the continent of Africa, it can afford no remedy to the New WorkL In twelve years the Colonisation Society has transport i two thousand five hundred negroes to Africa ; in the same space of time about seven hundred thousand blacks were born in the United States. If the colony of Liberia were so situated as to be able to receive thousands of new in- habitants every year, and if the negroes were in a state to be sent thither with advantage ; if the Union were to supply the society with annual subsidies,^ and to transport the negroes to Africa in t he vessels of the State, it would still be i»nable 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 brougat by the passions and the vices of Euro- peans ; and it will not disappear from the New World as long as it continues to exist. The inhabitants of the United States may retard the calamities which they apprehend, but they cannot now destroy their efficient cause. I am obliged to confess that I do not regard the abolition of slavery as a means of warding off the struggle of the two races in the United States. The negroes may long remain slaves without complaining ; but if they are once raised to the level of free men, they will soon revolt at being de'^rived L^ Nor would these be the only difficulties attendant upon the undertaking ; if the Union undertook to buy up the negroes now in America, in order to trans- port them to Africa, the price of slaves, increasing with their scarcity, would soon become enormous ; and the States of the North would never consent to expend such great suras for a purpose which would procure such small advan- tages to themselves. If the Union took possession of the slaves in the Southern State? by force, or at a rate, determined bylaw, an insurmountable resistance would arise in that part of the country. Both alternatives are equally im- possible. a In 1830 there were in the United States 2,010,327 slaves and 319,439 freo blacks, in all 2,329,766 negroes : which formed about one-fifth of the total popu- lation of the United States at that time, J, Up to arts and rope will Y are in- f Liberia whatever Africa, it ansport i the same cks were eria were ■ new in- i state to to supply iport the ould still lopulation as many the same th of the egro race inent, to of Euro- World as e United lend, but abolition F the two g remain raised to de'>rived indertaking ; der to trans- rcity, would r consent to mall advan- the Southern lo resistance equally ini- 319,439 froo e total popu- PRESENT AND FUTURE CONDITION OF NEGROES. 385 of all their civil rights ; and is they cannot become the equals of the whites, they will speedily declare themselves as enemies. In the North everything contributed to facilitate the emancipation of the slaves; and slavery was abolished, without placing the free 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 manufacture for the slave-owners in the North ; for those of the South, it .o a question of life and death. Grod forbid that I should seek to justify the principle of negro slavery, as has been done by some American writers ! But I only observe that all the countries which formerly adopted that execrable principle are not equally able to abandon it at the present time. When I contemplate the condition of the South, I casi only discover two alternatives which may be adopted by the white inhabitants of those States ; viz., either to emancipate the negroes, and to intermingle with them ; or, remaining isolated from them, to keep them in a state ol slavery as long as possible. All intermediate measures seem to me likely to terminate, and that shortlv, in the most horrible of civil wars, and perhaps in the extirpation of one or other of the two races. Such is the view which the Americans of the South take of the question, and they act consistently with it. As they are determined not to mingle with the negroes, they refuse to emancipate them. Not that the inhabitants of the South regard slavery as necessary to the wealth of the planter, for on this point many of them agree with their Northern countrymen in freely ad- mitting that slavery is prejudicial to their interest; but they are convinced that, however prejudicial it may be, they hold their lives upon no other tenure. The instruction which is now diffused in the South has convinced the inhabit- ants that slavery is injurious to the slave-owner, but it has also shown them, more clearly than before, that no means exist of getting rid of its bad consequences. Hence arises a singular contrast ; the more the utility of slavery is contested, the more firmly is it established in the laws ; and whilst the principle of servitude is gradually abolished ii 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 1i fi H J \m VOL. I. c c 386 DEMOCRACY IN AMERICA. ; 1! slaves, presents at the present day such ur paralleled atroci- ties as suffice to show how radically the laws of humanity have been perverted, and to betray the desperate position of the community in which that legislation has been promul- gated. The Americans of this portion of the Union have not, indeed, augmented the hardships of slavery ; they have, on the contrary, bettered the physical condition of the slaves. The only means by which the ancients maintained slavery we' fetters and death ; the Americans of the South of the Union have discovered more intellectual securities for the duration of their power. They have employed their despot- ism and their violence against the human mind. In anti- quity, precautions were taken to prevent the slave from breaking his chains ; at the present day measures are adopted to deprive him even of the desire of freedom. The ancients kept the bodies of their slaves in bondage, but they placed no restraint upon the mind and no check upon education; and they acted consistently with their established principle, since a natural termination of slavery then existed, and one day or other the slave might be set free, and become the €qual of his master. But the Americans of the South, v/ho 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 dangerous, when the freed man can never be assimilated to his former master. To give a man his freedom, and to leave him in wretchedness and ignominy, is nothing less than to prepare a future chief for a revolt of the slaves. Moreover, it has long been remarked that the presence of a free negro vaguely agitates the minds of his less fortunate brethren, and conveys to them a dim notion of their rights. The Americans of the South have consequently taken measures to prevent slave-owners from emancipating their slaves in most cases ; not indeed by a positive prohibition, but by subjecting that step to various forms which it is difficult to comply with. I happened to meet with an old man, in the South of the Union, who had lived in illicit intercourse with one of his 3led atroci- humanity position of en promul- Jnion have they have, the slaves, led slavery luth of the ies for the leir despot- . In anti- slave from are adopted he ancients they placed education ; d principle, id, and one become the South, \rho lingled with read or to [1 not raise T as possible to the slave e Americans cannot but assimilated lom, and to iOthing less the slaves, resence of a ss fortunate their rights, jntly taken )ating their prohibition, which it is )Outh of the one of his PRESENT AND FUTURE CONDITION OF NEGROES. 387 negresses, and had had several children by her, who were bom the slaves of their father. He had indeed frequently thought of bequeathing to them at least their liberty ; but years had elapsed without his being able to surmount the legal obstacles to their emancipation, and in the meanwhile his old age was come, and he was about to die. He pictured to himself his sons dragged from market to market, and passing from the authority of a parent to the rod of the stranger, until these horrid anticipations worked his expiring imagination into frenzy. When I saw him he was a prey to all the anguish of despair, and he made me feel how awful is the retribution of Nature upon those who have broken her laws. These evils are unquestionably great; but they are the necessary and fCieseen consequence of the very principle of modern slavery. When the Europeans chose their slaves from a race differing from their own, which many of them considered as inferior to the other races of mankind, and which they all repelled with horror from any notion of inti- mate connection, they must have believed that slavery would last for ever ; since there is no intermediate state which can be durable between the excessive inequality produced by servitude and the complete equality which originates in in- dependence. The Europeans did imperfectly feel this truth, but without acknowledging it even to themselves. When- ever 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 after- wards informed him that those rights were precious and inviolable. They aflfected to open their ranks to the slaves, but the negroes who attemped to penetrate into the com- munity were driven back with scorn ; and they have incau- tiously 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 Americans of the South will mingle their blood with that of the negroes, can they allow their slaves to become free with- out 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 them- selves of the means best adapted to that end ? The events c c 2 I 388 DEMOCRACY IN AMERICA. r f. / %. 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 r.jsults of slavery. When I see the order of nature overthrown, and when I hear the cry of humanity in its vain struggle against the laws, my indignation does not light upon the men of our own time who are the instruments of these outrages ; but I reserve my execration for those who, after a thousand years of freedom, brought back slavery into the world once more. Whatever m;),y be the efforts of the Americans of the South to maint jin slavery, they will not always succeed. Slavery, which is now confined to a single tract of the civilised 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. B" the choice of the master, or by the will of the slave, it will cease ; and in either case great calamities may be expected to ensue. If liberty be refused to cb? 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.^ ^ [This chapter is no longer applicable to the condition of the Negro Race in the United States, since the abolition of slavery was the rosult, though not the object, of the great Civil War, and the negroes have been raised to the condition not only of freedmen, but of citizens; and in some States they exercise a preponderating political power by reason of their numerical majority. Thus, in South Carolina there were in 1870, 289,667 Whites, and 415,814 Blacks. But the emancipation of the slaves has not solved the problem, how two races so different and so hostile are to live together in peace in one country on equal terms. That problem is as difficult, perhaps more difficult than ever ; and to this difficulty the author's re- marks are still perfectly applicable.] CHANCES OF DURATION OF THE UNION. 389 WHAT ARE THE CHANCES IN FAVOUR OF THE DURATION OP THE AMERICAN UNION, AND WHAT DANGERS THREATEN IT.^ Beason fur which the preponderating force lies in the States rather than in the Union— The Union will only last r.s long as all the States choose to belong to it — Causes which tend to keep them united — Utility of the Union to resist foreign enemies, and to prevent the existence of foreigners in America — No natural barriers between the several States— No conflicting interests to divide them — Reciprocal interests of the Northern, Southern, and Western States — Intellectual ties of union — Uniformity of opinions — Dangers of the Union resulting from the different characters and thi. passions of its citizens — Cha- i-acter of the citizens in the South and in tlie North— -The rapid growth of the Union one of its greatest dangers — Progress of the population to the North-west — Power gravitates in the sam? direction — Passions originating from sudden turns of fortune — Whether the existlug Government of the Union tends to gain strength, or to lose it — Various signs of its decrease — Internal improvements — Waste lands — Indians — The Bank — The Tariff — General Jackson. The maintenance of the existing institutions of the several States ;^depend8 in some measure upon the maintenance of 1 [This chapter is one of the most curious and interesting portions of the work, because ib embraces almost all the constitutional and social questions which were raised by the great secession of the South and decided by the results of the Civil War. But it must be confessed that the sagacity of the author is sometimes at fault in these speculations, and did not save him from considerable errors, 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 they been reduced to the condition of one and the same people.' Whence he inferred that ' if one of the States chose to with- draw its name from the contract, it would be difficult to disprove its right of doing so ; and that the Federal Government would have no means of maintaining its claims directly, either by force or by right.* This is the Southern theory of the Constitution, and ihe whole case of the South in favour of secession. To many Europeans, and to some American (Northern) jurists, this view appeared to be sound ; but it was vigorously lesisted 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. He 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 de- feated in a struggle to maintain the Union against one or moi'e separate States. In 1861 nine States, with a population of 8,753,000, seceded, and maintained for four years a resolute but unequal contest for independence, but they were defeated. Lastly, the author was mistaken in supposing that a community of interests would always prevail between North and South sufficiently powerful ♦o bind them together. He overlooked the influence which the question of slavery must have on the Union the moment that the majority of the people of the North declared 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 ir 390 DEMOCRACY IN AMERICA. the Union itself. It is therefore important in the first in- stance to inquire into the probable fate of the Union. One point may indeed be assumed at once : if the present con- federation were dissolved, it appears to me to be incontestablr that the States of which it is now composed would not return to their original isolated condition, but that several Unions would then be formed in the place of one. It is not my intention to inquire into the principles upon which these new Unions would probably be established, but merely to show what the causes are which may effect the dismemberment of the existing confederation. With this object I shall be obliged to retrace some of the steps which I have already taken, and to revert to topics which I have before discussed. I am aware that the reader may accuse me of repetition, but the importance of the matter which still remains to be treated is my excuse ; I had rather say too much, than say too little to be thoroughly understood, and I prefer injuring the author to slighting the subject. The legislators who formed the Constitution of 1789 endeavoured to confer a distinct and preponderating au- thority upon the Federal power. But they were confined by the conditions of che task which they had undertaken to perform. They were not appointed to constitute the govern- ment of a single people, but to regulate the association of several States ; and, whatever their incli^iations might be, they could not but divide the exercise of sovereignty in the end. In order to understand the consequences of this division, it is necessary to make a short distinction between the affairs of the Government. There are some objects which are national the view taken by all the States pnd by all American statesmen at the time of the adoption of the Constitution in 1789. But in the course of thirty years a great change took place, and the North refused to perpetuate what had become tho • peculiar institution ' of the South, especially as it gave the South a species of aris- tocratic preponderance. The result was the ratification, in December, 1865, of the celebrated 13th article or amendment of the Constitution, which declared that * neither slavery nor involuntary servitude— except as a punishment for crime — shall exist witliin the United States.' To which was soon afterwards added the 15th article, ' The right of citizens to vote shall not bo denied or abridged by the United States, or by any State, on account of race, colour, or previous servitude.' The emancipation of several millions of negro slaves without compensation, and the transfer to them of political preponderance in the States- in which they out- number 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 con- quest.— 2Va»f/a rs a great, ecomc thu iesof ariu- 365, of tho lared that )r crime — added tht> ged by the jervitude.' ution, and they out- ed to the ct by con- by their ry nature, that is to say, which affect the nation as a body, and can only be entrusted to the man or the assembly of men who most completely represent the entire nation. Amongst these may be reckoned war and diplo- macy. There are other objects which are provincial by their very nature, that is to say, which only afi'ect certain locali- ties, and which can only be properly treated in that locality. Such, for instance, is the budget of a municipality. Lastly, there are certain objects of a mixed nature, which are national inasmuch as they affect all the citizens who compose the nation, and which are provincial inasmuch as it is not neces- sary that the nation itself should provide for them all. Such are the rights which regulate the civil and political condi- tion 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 exist- ence and the prosperity of the nation that these rights should be uniform, nor, consequently, that they should be regulated 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 other- wise be. Between these two extremes the objects which I have termed mixed may be considered to lie. As these ob- jects are neither exclusively national nor entirely provincial, they may be obtained by a national or by a provincial government, according to the agreement of the contracting parties, without in any way impairing the contract of asso- ciation. The sovereign power is usually formed by the union of separate individuals, who compose a people; and individual powers or collective forces, each representing a very small portion of the sovereign authority, are the sole elements which are subjected to the general Grovernment of their choice. In this case the general Grovernment is more naturally called upon to regulate, not only those affairs which are of essential national importance, but those which are of a more local interest; and the local governments are reduced to that smi;ll share of sovereign authority which is indispensable to their prosperity. But sometimes the sovereign authority is composed of pre- organised political bodies, by virtue of circumstances anterior m \% 111 If ,■ ), , : ■ r lit' 111 1'^ 392 DEMOCRACY IN AMERICA. in 1 III to their union ; and in this case the provincial Governments assume the control, not only of those affairs which more peculiarly belong to their province, but of all, or of a part of the mixed affairs to which allusion has been made. For the confederate nations which were independent sovereign States before their union, and which still represent a very consider- able share of the sovereign power, have only consented to cede to the general Government the exercise of those rights which are indispensable to the Union. 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 in- fluence. 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 neces- sary to its existence. Independent nations have therefore a natural tendency to centralisation, and confederations to dismemberment. It now only remains for us to apply these general prin- ciples to the American Union. The several States were necessarily possessed of the right of regulating all exclu- sively provincial affairs. Moreover these same States re- tained the rights of determining the civil and political com- petency of the citizens, or regulating the reciprocal relations of the members of the community, and of dispensing justice ; rights which are of a general nature, but which do not neces- sarily 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 undi- vided power; as, for instance, in foreign relations, and in offering a common resistance to a common enemy; in short, in conducting those affairs which I have styled exclusively national. CHANCES OF DURATION OF THE UNION, 393 >\\ rnments h more part of For the States onsider- nted to 3 rights ;he pre- right of ral and ting in- all the ce, and its may by its nts are fairs of J. The nation ; rnment J neces- ency to il prin- s were exclu- tes re- il com- slations justice ; neces- shown } power 3 cases i undi- and in L short, usively 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 Govern- ment 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 happiness, whilst provincial interests produce a most immediate eflfect upon the welfare of the inhabitants. The Union secures the in- dependence and the greatness of the nation, which do not immediately affect private citizens ; but the several States maintain the liberty, regulate the rights, protect the fortune, and secure the life and the whole future prosperity of every citizen. The Federal Government is very far removed from its subjects, 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 within their own State, and who never- theless 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 feelings harmonise with their interests. When a compact nation divides its sovereignty, and adopts a confederate form of government, the traditions, the customs, and the manners of the people are for a long time at variance with their legislation ; and the former tend to give a degree of influence to the central Government which the latter forbids. When a number of confederate States unite to form a single nation, the same causes operate in an opposite direction. I have no doubt that if France were to become a confederate republic like that of the United States, M 394 DEMOCRACY IN AMERICA. the Grovernment would at first display more energy than that of the Union ; and if the Union v/ere to alter its constitution to a monarchy like that of France, I think that the American Grovernment 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 fsame States ; and they were accustomed to consider some objects as common to them all, and to conduct other affairs as ex- clusively relating to their own special interests. The Union is a vast body which presents no definite object to patriotic feeling. The forms and limits of the State are distinct and circumscribed ; since it represents a certain number of objects which are familiar to the 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 labours of the present, and the hopes of the future. Patriotism, then, which is frequently a mere extension of individual egotism, is still directed to the State, and is not excited by the Union. Thus the ten- dency of the interests, the habits, and the feelings of the people is to centre political activity in the States, in prefer- ence to the Union. It is 3asy to estimate the different forces of the two Go- vernments, by remarking the manner in which they fulfil their respective functions. Whenever the Government of a State has occasion to address an individual or an assembly of individuals, its language is clear and imperative ; and such is also the tone of the Federal Government in its intercourse with individuals ; but no sooner has it anything to do with a State than it begins to parley, to explain its motives and to justify its conduct, to argue, to advise, and in short anything but to command. If doubts are raised as to the limits of the constitutional powers of each Government, the provincial Government prefers its claim with boldness, and takes prompt and energetic steps to support it. In the meawhile the. Government of the Union reasons ; it appeals to the interests, to the good sense, to the glory of the nation ; it temporises, 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 CHANCES OF DURATION OF THE UNION. 395 which is armed with the authority of the nation, and that Congress represents a single State. 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 realise with facility their determination of remaining united; and, as long as this preliminary condition exists, its authority is great, tempe- rate, and effective. The Constitution fits the Government to control individuals, and easily to surmount such obstacles as they may be inclined to offer; but it was by no means established with a view to the possible separation of one or more of the States from the Union. If the Sovereignty of the Union were to engage in a struggle with that of the States at the present day, its defeat may be confidently predicted ; and it is not probable that such a struggle would be seriously undertaken. As often as a steady resistance is offered to the Federal Government it will be found to yield. Experience has hitherto shown that whenever a State has demanded anything with perseverance and resolution, it has invariably succeeded ; and that if a separate Government has distinctly refused to act, it was left to do as it thought fit.^ But even if the Government of the Union had any strength inherent in itself, the physical situation of the country would render the exercise of that strength very difficult.' The United States cover an immense territory ; they are separated 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 under- take 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 !••; ■*| ^ See the conduct of the Northern States in tlie war of 1812. ' During that war,' says Jefferson in a letter to General Lafayette, 'four of the Eastern States were only attacliod to the Union, like so many inanimate bodies to living men. 3 The profound peace of the Union affords no pretext for a standing array; and without a standing army a Q-overnment is not prepared to profit by a favourable opportunity to conquer resistance, and take tho sovereign power by surprise. [This Note, and the paragraph in the text which precedes, have beea shown by the results of the Civil War to be a misconception of the writer.] 396 DEMOCRACY IN AMERICA. h\ I! escape from the consequences of a principle which it has once admitted as the foundation of its constitution. The Union was formed by the voluntary agreement of the States ; and, in uniting together, they have not forfeited their nation- ality, nor have they been reduced to the condition of one and the same people. If one of the States chose to with- draw its name from the contract, it would be difficult to dis- prove its right of doing so ; and the Federal Grovernment would have no means of maintaining its claims directly, either by force or by right. In order to enable the Federal Government easily to conquer the resistance which may be oflfered to it by any one of its subjects, it would be necessary that one or more of them should be specially interested 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 Grovern- ment 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 distri- bution of those benefits amongst the States. If one of the confederate States have acquired a prepon- derance sufficiently great to enable it to take exclusive pos- session of the central authority, it will consider the other States as subject provinces, and it will cause its own supre- macy to be respected under the borrowed name of the sove- reignty 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.^ 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 * ThuB the province of Holland in the r jpublic of the Low Countries, and the Emperor in the Germanic Confederation, have sometimes put themselveH in the place of the Union, and have employed the Federal authority to their own advantage. it has n. The i States ; nation- of one io with- t to dis- ?rnment directly, Federal may be ecessary ested in the case ich are ilusively osperity tionable Grovern- But the ed from States fes from Federal 1 distri- prepon- Lve pos- 3 other supre- le sove- lone in :y that e cases, eration 1 state all the fies, and iselvoH in beir own CHANCES OF DURATION OF THE UNION. 397 States, but it is not indispensable to any one of them. Several of them might break the Federal tie without compromising the welfare of the others, although their own prosperity would be lessened. As the existence and the happiness of none of the States are wholly dependent on the present Constitution, they would none of them be disposed to make great personal sacrifices to maintain it. On the other hand, there is no State which seems hitherto to have its ambition much interested in the maintenance of the ex- isting Union. They certainly do not all exercise the same influence in the Federal Councils, but no one of them can hope to domineer over the rest, or to treat them as its in- feriors 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 at- tempt, to prevent it ; and that the present Union will only last as long as the States which compose it choose to con- tinue members of the confederation. If this point be ad- mitted, the question becomes less difficult ; and our object is, not to inquire whether the States of the existing Union are capable of separating, but whether they will choose to remain united. Amongst the various reasons which tend to render the existing Union useful to the Americans, two principal causes are peculiarly evident to the observer. Although the Americans are, as it were, alone upon their continent, their commerce makes them the neighbours of all the nations with which they trade. Notwithstanding their apparent isolation, the Americans require a certain degree of strength, which they cannot retain otherwise than by remaining united to each other. If the States were to split, they would not only diminish the strength which they are now able to display 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 boundary lines ; the courses of the rivers would be confined by territorial distinc- tions ; and a multitude of hindrances would prevent the Americans from exploring the whole of that vast continent which Providence has allotted to them for a dominion. At present they have no invasion to fear, and consequently no standing armies to maintain, no taxes to levy. If the Union , b- 11 ,?Jf 'ilii -^ Si ii^ ipli 398 DEMOCRACY IN AMERICA. were dissolved, all these burdensome measures might ere long be required. The Americans are then very powerfully interested in the maintenance of their Union. On the other hand, it is almost impossible to discover any sort of material interest which might at present tempt a portion of the Union to separate from the other States. When we cast our eyes upon the map of the United States, we perceive the chain of the Alleghany mountains, running from the north-east to the south-west, and crossing nearly one .thousand miles of country ; and we are led to imagine that the design of Providence was to raise between the valley of the Mississippi and the coasts of the Atlantic Ocean one of those natural barriers which break the mutual intercourse of men, and form the necessary limits of different States. But the average height of the AUeghanies does not exceed 2,500 feet ; their greatest elevation is not above 4,000 feet; their rounded summits, and the spacious valleys which they conceal within their passes, are of easy access from several sides. Besides which, the principal rivers which fall into the Atlantic Ocean — the Hudson, the Susquehannah, and the Potomac — take their rise beyond the AUeghanies, in an open district, which borders upon the valley of the Missis- sippi. These streams quit this tract of country, make their way through the barrier which would seem to turn them westward, and as they wind through the mountains they open an easy and natural passage to man. No natural bar- rier exists in the regions which are now inhabited by the Anglo-Americans ; the AUeghanies are so far from serving as a boundary to separate nations, that they do not even serve as a frontier to the States. New York, Pennsylvania, and Virginia comprise them within their borders, and extend as much to the west as to the east of the line. The territory now occupied by the twenty-four States of the Union, and the three great districts which have not yet acquired the rank of States, although they already contain inhabitants, covers a surface of 1,002,600 square miles,'^ which Is about equal to five times the extent of France. Within these limits the qualities of the soil, the tempera- ture, and the produce of the country, are extremely various. The vast extent of territory occupied by the Anglo-American » See • Darby's View of the United States,' p. 435. [In 1870 the number of States had increased to 38, the popula .ion to 38,558,710, and the area of the States 3,500,000 square miles. — Translator's Ifote,] CHANCES OF DURATION OF THE UNION. 399 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 a vast empire, which often terminate in open dissensions ; and the extent of the country is then most prejudicial to the power of the State. But if the inhabitants of these vast regions are not divided by contrary interests, the extent of the ter- ritory may be favourable to their prosperity ; for the unity of the Government promotes the interchange of the diffe- rent productions of the soil, and increases their value by facilitating their consumption. It is indeed easy to discover different interests in the dif- ferent parts of the Union, but I am ur-.oquainted with any which are hostile to each other. The Southern States are almost exclusively agricultural. The Northern States are more peculiarly commercial and manufacturing. The States of the West are at the same time agricultural and manu- facturing. 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 th , means by which these sources are opened to aii, and rendered equally advantageous to the several dis- tricts. The North, which ships the produce of the Anglo- Americans to all parts of the world, and brings back the pro- duce of the globe to the Union, is evidently interested in maintaining the confederation in its present condition, in order that the number of American producers and consumers may remain as large as possible. The North is the most natural agent of communication between the South and the Wej-t 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 mainte- nance of a powerful fleet by the Union, to protect them efficaciously. The South and the West have no vessels, but ii't 'I 1 1 J : i |i ' ' i u 1 1 1 ii ! ■ \ 400 DEMOCRACY IN AMERICA. they cannot refuse a willing subsidy to defray the expenses of the navy ; for if the fleets of Europe were to blockade the ports of the South and the delta of the Mississippi, what would become of the rice of the Carolinas, the tobacco of Virginia, and the sugar and cotton which grow in the valley of the Mississippi? Every portion of the Federal budget does therefore contribute to the maintenance of material interests which are common to all the confederate States. Independently of 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 remoter parts of a single valley ; and all the rivers which intersect their territory rise in the Eocky 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 oflF, by their position, from the traditions of Europe and the civilisation of the Old World. The inhabitants of the South, then, are induced to support the Union in order to avail themselves of its protection against the blacks ; and the inhabitants of the West in order not to be excluded from a free communication with the rest of the globe, and shut up in the wilds of central America. The North cannot but desire the maintenance of the Union, in order to remain, as it now is, the connecting link between that vast body and the other parts of the world. The temporal interests of all the several parts of the Union are, then, intimately connected ; and the same asser- tion 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 interest, and which a change in the interests at stake may obliterate. Nor do I attach much importance to the language of the Americans, when they manifest, in their daily conversation, the intention of maintaining the Federal system adopted by their forefathers. A government retains its sway over a great number of citizens, far less by the voluntary and rational consent of the multitude, than by that instinctive, and to a certain extent involuntary agree- CHANCES OF DURATION OF THE UNION. 401 '!" ' cpenses ide the i, what acco of ! valley budget aaterial s. ith and antages ontains already , The valley ; in the ito the hilf of ely cut md the South, )o avail nd the from a hut up lot but lain, as dy and of the I asser- biments deal of it I do bunded t stake to the n their Federal retains by the han by agree- ment, which results from similarity of feelings and resem- blances of opinion. I will never admit that men constitute a social body, simply because they obey the same head and the same laws. Society can only exist when a great 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. The observer who examines the present condition of the United States upon this principle, will readily discover, that although the citizens are divided into twenty-four distinct sovereignties, they nevertheless constitute a single people; and he may perhaps be led to think that the state of the Anglo-American Union is more truly a state of society than that of certain nations of Europe which live under the same legislation and the same prince. Although the Anglo-Americans have several religious sects, they all regard religion in the same manner. They are not always agreed upon the measures wV-ich ari most conducive to good government, and they vary u on some of the forms of government which it is expedient to adopt ; but they are unanimous upon the general principles which ought to rule human societv. 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 respecting liberty and equality, the liberty of the press, the right of association, the jury, and the respon- sibility 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 ^ acknow- ledge the absolute moral authority of the reason of the com- munity, as they acknowledge the political authority of the mass of citizens ; and they hold that public opinion is the surest arbiter of what is lawful or forbidden, true or false. The majority of them believe that a man will be led to do what is just and good by following his own interest riglitly understood. They hold that every man is born in possession 1 It is scarcely necessary for me to observe that by the expression Anglo- Americans, I only mean to designate the great majority of the nation ; for a certain number of ifolated individuals are of course to be met with holding very different opinions. VOL. I. D D III 402 DEMOCRACY IN AMERICA, \ W of the right of self-government, and that no one has the right of constraining his fellow-creatures to be happy. They have all a lively faith in the perfectibility of man ; they are of opinion that the effects of the diffusion of know- ledge must necessarily be advantageous, and the conse- quences 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 nught to be, permanent ; and the'' admit that what ppep; to them to be good to-day may be superseded by .-; j-ot dng better to-morrov?-. I do not give all these opiniori.^^ : true, but I quote them as characteristic of the America 6. The Anglo-Americans are not oaly united together by these common opinions, but they are separated from all other nations by a common feeling of pride. For the last fifty years no pains have been spared to convince the inhabit- ants of the United States that they constitute the only religious, enlightened, and free people. They perceive that, for the present, their own democratic institutions succeed, whilst those of other countries fail; hence they conceive an overweening opinion of their superiority, and they are not very remote from believing themselves to belong to a dis- tinct race of mankind. The dangers which threaten the American Union do "aot 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 generally believed that slavery has rendered the interests of one part of the Union con- trary to those of another part ; but 1 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 manners. The slave is a servant who never remonstrates, and who submits to everything witL.Jut complaint. He may no me has happy, if man ; if know- conse- ty as a hanging nt; and i to-day . I do ihem as sther by from all the last inhabit- he only Lve that, succeed, ceive an are not a dis- Q do not 3, but in IS. The Jtates are eflfects of gradually 1 British lettler of t slavery lion con- remarked its in the modified es of the avery has jricans in s to their lonstrates, He may CHANCES OF DURATION OF THE UNION. 403 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 resistance. His education tends, then, to give him the character of a supercilious and a hasty man ; irascible, violent, and ardent in his desires, impatient of obstacles, but easily discouraged if he cannot succeed upon his first attempt. • The American of the Northern States is surrounded by no slaves in his childhood ; he is even unattended by fre^ servants, and is usually obliged to provide for his own wants No sooner does he enter the world than the idea of necessity assails him on every side: he soon learns to know exactly the natural limit of his authority ; he never expects to sub- due those who withstand him, by force; and he knows tha. the surest means of obtaining the support of his ff "'ow- creatures, is to win their favour. 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 parts are not busied in the material cares of life, which are always provided for by others; and their imagination is diverted to more captivating and less definite objects. The American of the South is fond of grandeur, luxury, and renown, of gaiety, of pleasure, and above all of idleness ; nothing obliges him to exert himself in order to subsist ; and as he has no necessary occupations, he gives way to indolence, and does not even attempt what would be useful. But the equality of fortunes, and the absence of slavery in the North, plunge the inhabitants in those same cares of daily life which are disdained by the white population of the South. They are taught from infancy to combat want, and to place comfort above all the pleasures of the intellect or the heart. The imagination is extinguished by the trivial details of life, and the ideas become less numerous and less general, but far more practical and more precise. As prosperity is the sole aim of exertion, it is excellently well attained ; nature and mankind are turned to the best pecuniary advan- tage, and society is dexterously made to contribute to the s D 2 mm V.' il 404 DEMOCRACY IN AMERICA. J welfare of each of its members, whilst individual egotism is the source of general happiness. The citizen of the North has not only experience, but knowledge : nevertheless he sets but little value upon the pleasures of knowledge ; he esteems it as the means of at- taining a certain end, and he is only anxious to seize its more lucrative applications. The citizen of the South is more given to act upon impulse; he is more clever, more frank, more generous, more intellectual, and more brilliant. The former, with a greater degree of activity, of common sense, of information, and of general aptitude, has the charac- teristic good and evil qualities of the middle classes. The latter has the tastes, the prejudices, the weaknesses, and the magnanimity of all aristocracies. If two men are united in society, who have the same interests, and to a certain extent the same opinions, but different characters, different acquire- ments, and a different style of civilisation, it is probable that these men will not agree. The same remark is applicable to a society of nations. Slavery, then, does not attack the American Union directly in its interests, but indirectly in its manners. The States which gave their assent to the Federal Con- tract in 1790 were thirteen in number; the Union now con- sists of thirty-four members. The population, which amounted to nearly four millions in 1790, had more than tripled in the space of forty years ; and in 1830 it amounted to nearly thir- teen millions.^ Changes of such magnitude cannot take place without some danger. A society of nations, as well as a society of individuals, derives 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 1 Census of 1790 . 1830 . 1860 . 1870 . 3,929,328. 12,856,165. 31,443,321. 38,555,983. gotism is ence, but upon the iDS of at- I its more is more Dre frank, nt. The ion sense, charac- ses. The 3, and the united in lin extent t acquire- jable that jlicable to ittack the ctly in its deral Con- now con- amounted lied in the learly thir- take place ndividuals, wisdom of ir limited le Atlantic dventurers frequently jvere born. vn to each Beling, nor he empire norality is CHANCES OF DURATION OF THE UNION. 405 still more powerless. The settlers who are constantly peopling the valley of the Mississippi are, then, in every respect very infierior 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 con- tracting parties, the greater are the chances of the duration of the contract ; for their safety is then dependent upon their union. When, in 1790, the most populous of the American republics did not contain 500,000 inhabitants,' each of theuk felt its own insignificance as an independent people, and this- feeling rendered compliance with the Federal authority more easy. But when one of the confederate States reckons, like the State of New York, two millions of inha- bitants, 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 advan- tageous 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 popuUition for the next hundred years ; and before that space of tiqie has elapsed, I believe that the territories and dependencies of the United States will be covered by more than a hundred ' This indeed is only a temporary danger. I have no doubt that in time society will aflsume as much stability and regularity in the West as it has already done upon the coast of the Atlantic Ocean. a Pennsylvania contained 431,373 inhabitants in 1790 [and 3,521,951 in 1870]. 3 The area of the State of New York is about 46,000 square miles. See ' Carey and Lea's American Geography,' p. 142. .'IB 4o6 DEMOCRACY IN AMERICA. millions of inhabitants, and divided into forty States.^ I admit that these hundred millions of men have no hostile interests. I suppose, on the contrary, that they are all equally interested in the maintenance of the Union j but I am stUl of opinion that where there are a hundred millions of men, and forty distinct nations, unequally strong, the con- tinuance of the Federal Government can only be a fortunate accident. "Whatever fail^h I may have in the perfectibility of man, until human nature is altered, and men wholly transformed, 1 shall refuse to believe in the duration of a government which is called 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 accom- plishment 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 strength. The distance from Lake Superior to the Gvlf of Mexico extends from the 47 th to the 30th degree of latitude, a distance of more than twelve hundred miles as the bird flies. The frontier of the United States winds along the whole of this immense line, sometimes falling within its limits, but more frequently ex- tending far beyond it, into the waste. It has been calculated that the whites advance every year a mean distance of seven- teen miles along the whole of this vast boundary.'* Obstacles, such as an unproductive district, a lake or an Indian nation unexpectedly encountered, are sometimes met with. The ^ If the population continues to double every twenty-two years, as it has done for the last two hundred years, the number of inhabitants in the United States in 1852 will be twenty millions ; in 1874, forty eight millions ; and in 1896, ninety- six millions. This may still be the case even if the lands on the western slope of the RocKy Mountains should be found to be unfit for cultivation. The territory which is already occupied can easily contain this number of inhabitants. One hundred millions of men disseminated over the surface of the twenty-four States, and the three dependencies, which constitute the Union, would only give 762 inha- bitants to the square league ; this would be far belor, the mean population of Franc?, which is 1,063 to the square league ; or of England, which is 1,457 ; and it would even be below the population of Switzerland, for that country, notwith- standing its lakes and mountains, contains 783 inhabitants 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 1874 the population IS probably about forty-two millions.] * See Legislative Documents, 20th Congress, No. Il7, p. 105. CHANCES OF DURATION OF THE UNION. 407 } accom- advancing column then halts for a while; its two extremities fall back upon themselves, and as soon as they are re- united they proceed onwards. This gradual and continuous progress of the European race towards the Rocky Mountains has the solemnity of a providential event ; it is 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 Stares founded. In 1790 there were only a few thousand pioneers sprinkled along the valleys of the Mississippi ; and at the present day these valleys contain as many inhabitants as were to be found in the whole Union in 1790. Their population amounts to nearly four millions.* 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 Sta^^es are already obliged to perform a journey as long as thuo from Vienna to Paris.' 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 in the same proportion. To the North of the Union the detached 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 Missis- sippi the coast is sandy and flat. In this part of the Union the mouths of almost all the rivers are obstructed; and the few harbours which exist amongst these lagoons afford much shallower water to vessels, and much fewer commercial advantages than those of the North. This first natural cause of inferiority is united to another cause proceeding from the laws. We have already seen that slavery, which is ab'>li8hed in the North, still exists in the South ; and I have pointed out its fatal consequences upon the prosperity of the pLmter himself. The North is therefore superior to the South both in commerce ' and manufacture ; the natural consequence of » 3,672,317; census of 1830. 2 The distance from Jefferaon, the capital of the State of Missouri, to Wash- ington is 1,019 miles. (' American Almanac,' 1831, p. 48.) . 8 The following statements will suffice to show the differenco which exists be- tween the commerce of the South and that of the North : — In 1829 the tonnage of all the merchant vessels belonging to Virginia, the I J' i fiPi in! 4o8 DEMOCRACY IN AMERICA. Bin I 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 there- fore receive so many emigrants as the Western States, where a boundless field is still open to their exertions. The valley of the Mississippi is far more fertile than the coast of the Atlantic Ocean. This reason, added to all the others, con- tributes to drive the Europeans westward — a fact which may be rigorously demonstrated by figures. It is found that the sum total of the population of all the United States has about tripled in the course of forty years. But in the recent States adjacent to the Mississippi, the population has increased thirty-one fold, within the same space of time.^ The relative position of the central Federal power is con- tinually displaced. Forty years ago the majority of the citi- zens of the Union was established upon the coast of the Atlantic, in the environs of the spot upon which Washington now stands ; but the great body of the people is now advancing inland and to the North, so that in twenty years the majority will unquestionably be on the western side of the Alleghanieb. If the Union goes on to subsist, the basin of the Mississippi is evidently marked out, by its fertility and its extent, as the future centre of the Federal Grovern- ment. In thirty or forty years, that tract of country will have assumed the rank which naturally belongs to it. It is easy to calculate that its population, compared to that of the two Carolinas, nnd Georgia (the four great Southern States), amounted to only 6,2^ tone. In the same year the tonnage of the vessels of the State of Massa- chu lis alone amounted to 17,3'22 tons. (See Legislative Documents, 21st Con- grci^s, 2nd session, No. 140, p. 244. ) Thus the State of Massachusetts had three times as much shipping as the four above-mentioned States. Nevertheless the area of the State of Massachusetts is only 7,335 square miles, and its population amounts to 610,014 inhabitants [1.407,351 in 1870] ; whilst the area of the four other States I have quoted is 210,000 square miles, and their population 3,047,767. 'J'hus the area of the State of Massachusetts forms only one-thirtieth part of the area of the four States ; and its population is five times smaller than theirs. (See ' Darby's View of the United States.') Slavery is prejudicial to the commercial prosperity of the South in several different ways ; by diminishing the spirit of enterprise amongst the whites, and by preventing them from meeting with as nume- rous a class of sailors as they require. Sailors are usually taken from the lowest ranks of the population. But in the Southern States these lowest ranks are com- posed of slaves, and it is very difficult to em|)Ioy them at sea. They are unable to serve as well as a white crew, and apprehensions would alw.iys be entertained of their mutinying in the middle of the ocean, or of their escaping in the foreign countries at which they might touch. » ' Darby's View of the United States,' p. 444. CHANCES OF DURATION OF THE UNION. 409 of wealth shores of st of the lot there- tes, where ^he valley ist of the hers, con- ict which bund that States has in the lation has me/ '^er is eon- l the eiti- st of the ashington 3 is now mty years n side of the basin s fertility il Grovern- untry will it. It is lat of the ntod to only ite of Massa- ts, 2l8t Con- tts had three sless the area s population a of the four on 3,047,767. 1 part of the theirs. (See 3 commercial the spirit of I'ith as nume- a the lowest nks are com- ly are unable ntertainod of the foreign coast of the Atlantic, will be, in round numbers, as 40 to 11. In a few years the States which founded the Union will lose the direction of its policy, and the population of the valleys of the Mississippi will preponderate in the Federal assemblies. This constant gravitation of the Federal power and influence towards the North-west 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.^ In 1790 Virginia had nineteen represen- tatives in Congress. This number continued to increase until the year 1813, when it reached to twenty-three; from that time it began to decrease, and in 1833 Virginia elected only twenty-one representatives.'' During the same period the State of New York progressed in the contrary direction : in 1790 it had ten representatives in Congress; in 1813, twenty-seven; in 1823, thirty-four; and in 1833, forty. The State of Ohio had only one representative in 1803, and in 1833 it had already nineteen. It is difficult to imagine a durable union of a people I It may be seen that in the course of the last ten years (1820-1830) the population of one district, as, for instance, the State of Delaware, has in- creased in the proportion of 5 per cent. ; whilst that of another, as the territory of Michigan, has increased 250 per cent. Thus the population of Virginia had augmented 13 per cent., and that of the border State of Ohio 61 per cent., in the same space of time. The gonei-al table of these changes, -which is given in the ' National Calendar,' displays a striking picture of the unequal fortunes of the different States. ■■» It has just been said that in the course of the last term the population of Virginia has increased l.'i per cent. ; and it is neeessary to explain how the number of representatives for a State may decrease, when the population of that State, far from diminishing, is actually upon the increase. I take the State of Virginia, to which I have already alluded, as my term of comparison. The number of repre- sentatives of Virginia in 1823 was proptirtionate to the total number of the repre- sentatives of tlie Union, and to the relation which tlie population bore to that of the whole Union : i* 1S33 the number of representatives of Virginia was likewise proportionate to i.ne total number of the representatives of the Union, and to the relation which its population, augmented in the course of ten years, bore to the augmented population of the Union in the same space of time. The new number of Virginian representatives will then be to the old number, on the one hand, as the new number of all the representatives is to the old number ; and, on the other hand, as the augmentation of the population of Virginia is to that of the whole population of the country. Thus, if the increase of the population of the lesser country be to that of the greater in an exact inverse ratio of the proportion between the new and the old numbers of all the representatives, the number of the repre- sentatives of Virginia will remain stationary; and if the increase of the Virginian population be to that of the whole Union in a feebler ratio than the new number of the representatives of the Union to the old number, the number of the repre- senUitives of Virginia must decrease. [Thus, to tlio 43rd Congress in 1874, Vir- ginia and West Virginia send only twelve representatives.] l||i:PI m 4IO DEMOCRACY IN AMERICA. { ' ill 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 gain- ing it. This rapid and disproportionate increase of certain States threatens the independence of the others. New York might perhaps succeed, with its two millions of inhabitants and its forty representatives, in dictating to the other States in Congress. But even if the more powerful States make no attempt to bear down the lesser ones, the danger still exists ; for there is almost as much in the possibility of the act as in the act itself. The weak generally mistrust the 1 justice and the reason of the strong. The States which increase less rapidly than the others look upon those which are more favoured 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 striking a contrast to the confidence and prosperity which are common to other parts of the Union. I am inclined to think that the hostile measures taken by the Southern pro- vinces upon a recent occasion are attributable to no other cause. The inhabitants of the Southern States are, of all the Americans, those who are most interested in the main- tenance of the Union ; they would assuredly suffer most from being left to themselves ; and yet they are the only citizens who threaten to break the tie of confederation. But it is easy to perceive that the South, which has given four Presidents, Washington, Jefferson, Madison, and Mon- roe, to the Union, which perceives that it is losing its Federal influence, and that the number of its representatives in Congress is diminishing from year to year, 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 favourable to their interests, they protest against it as an abuse of force ; and if their ardent remonstrances are not listened to, they threaten to quit an association which loads them with burdens whilst it deprives them of their due profits. * The Tariff,' said the inhabitants CHANCES OF DURATION OF THE UNION. 411 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 declining ? ' ^ 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 dan- ger 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 maturity in the course of thirty, years. It must not be imagined, however, that the States which lose their prepon- derance, also lose their population or their riches : no stop is put to their prosperity, and they even go on to increase more rapidly than any kingdom in Europe.* But they believe themselves to be impoverished because their wealth does not augment as rapidly as that of their neighbours ; and they think that their power is lost, because they suddenly come into collision with a power greater than their own : ^ thus they are more hurt in their feelings and their passions than in their interests. But this is amply sufficient to endanger the maintenance of the Union. If kings and peoples had only had their true interests in view ever since the beginning of the world, the name of war would scarcely be known among mankind. Thus the prosperity of the United States is the source of 1 See the report of its committee to the Convention which proclaimed the nulli- fication of the tariff in South Carolina. ^ The population of a country assuredly constitutes the first clement of its wealth. In the ten years (1820-1830) during which Virginia lost two of its re- presentatives in Congress, its population increased in the proportion of 13'7 per cent. ; that of Carolina in the proportion of 15 percent. ; and that of Georgia 15'5 per cent. (See the 'American Almanac,' 1832, p. 102.) But the population of Hussia,which increases more rapidly than that of any other European country, only augments in ten years at the rate of 95 percent. ; in France at the rate of 7 per cent, ; and in Europe in general at the rate of 47 per cent. (Sec ' Make Urun,* Tol. vi. p. 95.) 3 It must be admitted, however, that the depreciation which has taken {)laco in the value of tobacco, during the last fifty years, h i notably diminished the opu- lence of the Southern planters : but this circumstance is as independent of the will of their Northern brethren as it is of their own. :lil 412 DEMOCR/XY IN AMERICA. the n u yt serious dangers that threaten them, since it tends \o create in some of the confederate States that over-excite- ment which accompanies a rapid increase of fortune ; and to awaken in others those feelings of envy, mistrust, and regret which usually attend upon the loss of it. The Americans contemplate this extraordinary and hasty pro- gress with exultation ; but they would be wiser to consider it with sorrow and alarm. The Americans of the United States must inevitably become one of the greatest nations in the world ; their offset will cover almost the whole of North America ; the continent which they inhabit is their dominion, and it cannot escape them. What urges them to take pos- session 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 prin- ciple, 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 forci- bly to sever the Federal tie ; and it i; to this supposition that most of the remarks that I have made apply : or the authority of the Federal Govemi ..-^nt may '^ j progressively entrenched on by the simultaneous tendeutj' '" 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 weaken- ing of the Federal tie, which may finally lead to the disso- lution of the Union, is a distinct circumstance, that may produce a variety of minor consequences before it operates so viole^jit a change. The confederation might still subsist, although Itr Government were reduced to such a degree of inanition as to para'yse the nation, to cause internal anarchy, c*nd to check the general prosperity of the country. Aftc/ iiaving investigated thr causes which may induce the Angh)-A' .< r*' mds to disunite, it is important to inquire whether, if the Union continues to subsist, their Government ^1^ CHANCES OF DURATION OF THE UNION. 413 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 sove- reignty 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, centralisation 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 centralisa- tion exists are inhabited by a single people ; whilst the fact of the Union being composed of different confederate com- munities is sufficient to baffle all the inferences which might be drawn from analogous circumstances. I confess that I am inclined to consider the fears of a great number of Americans as purely imaginary; and far from participating in their dread of the consolidation of power in the hands of the Union, I think that the Federal Government is visibly losing strength. To prove this assertion I shall not have recourse to any remote occurrences, but to circumstances which I have my- self 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 exist in that country, like two distinct currents flowing in contrary directions in the same channel. The Union has now existed for forty-five years, and in the course of that time a vast number of provincial prejudices, whi h were at first hostile to its power, have died away. The patriotic feeling which attached each of the Americaps to his own native State is become less exclusive ; and the different parts of the Union have become mere intimately connected the better they have become acquainted with each other. The Post,^ that great instrument of intellectual intercourse, now reaches into the backwoods ; and steamboats have established 1 In 1832, tho district of Michit;an, -rhich only contains 31,639 inhaliitunts, and is still an almost iinexplorod wilderness, possessed 940 niilos of mail-roads. The territory of Arkansas, whicli is still more uncultivated, was already intersected by 1,938 rniloH of mail-roads. (See the report of the General Pos Office, 30th November, 1833. ) The postage of newspapers alone in the whole Union amounted to 254,796 dollars. ill 414 DEMOCRACY IN AMERICA. daily means of communication between the different points of the coast. An inland navigation of unexampled rapidity conveys commodities up and down the rivers of the country.^ And to these facilities of nature and art may be added those restless cravings, that busy-mindedness, and love of pelf, which are constantly urging the American into active life, and bringing him into contact with his fellow-citizens. He crosses the country in every direction ; he visits all the various populations of the land ; and there is not a province in France in which the natives are so well known to each other as the thirteen millions of men who cover the territory of the United States. But whilst the Americans intermingle, they grow in re- semblance of each other ; the differences resulting from their climate, their origin, and their institutions, diminish; and they all draw nearer and nearer to the common type. Every year, thousands of men leave the North to settle in different parts of the Union : they bring with them their faith, their opinions, and their manners ; and as they are more en- lightened 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 peculiarly favourable to the fiis^'on of all the different provincial characters into one natic^al character. The civilisation of the North appears to be the "ommon 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 opiaions, gradually form?? a part of their habits : the course of time has swept away the bugbear thoughts which haunted the imaginations v; the * 'tizens in 1*^89. The Federal power is not become ojiirt .3sive ; it hai lot destroyed the independence of x\v istates ; it has not subjected the confederates to mouarchichl invS*itutions ; and the Union has not rendered the lesser states dependent upon the larger ones ; but the Confederation has continued to increase in population, in w<^''ith, and in pov^br. I am therefore con- ^ In the course of fon yenis, from 1821 to 18.31, 271 .steamboats have been launched upon the i-ivors which water tho valley of the Mississippi alone. In 1829 259 steamboats existed in the United States. (See Legislative Documents, No. 140, p. 374.) CHANCES OF DURATION OF THE UNION. 415 s vinced 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 con- vince us that the Federal power is declining ; nor is it difficult to explain the causes of this phenomenon.^ When the Con- stitution 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 sup- ported because it satisfied an imperious want. Thus, although it was more attacked than it is now, the Federal power soon reached the maximum of its authority, as is usually the case with a government which triumphs after having braced its strength by the struggle. At that time the interpretation of the Constitution seemed to extend, rather than to repress, the Federal sovereignty ; and the Union offered, in several respects, the appearance of a single and undivided people, directed in its foreign and internal policy by a single Govern- ment. But to attain this point the people had risen, to a certain extent, above itself. The Constitution had not destroyed the distinct sove- reignty of the States ; and all communities, of whatever nature they may be, are impelled by a secret propensity to assert their independence. This propensity is still more decided in a country like America, in which every village forms a sort of republic accustomed to conduct its own affairs. It therefore cost the States an effort to submit to the Federal supremacy ; and all efforts, however successful they may be, necessarily subside with the causes in which they originated. As the Federal Government consolidated its authoritv. America resumed its rank amongst the nations, peace re- turned to its frontiers, and public credit was restored ; con- fusion was succeeded by a fixed state of things, which was favourable to the full and free exercise of industrious enter- prise. It was this very prosperity which made the Americans forget the cause to which it was attributable ; and when once the danger was passed, the energy and the patriotism which had enabled them to brave it disappeared from amongst 1 [Sinco 1861 the movemont is certainly in the opposite direction, and the Federal power has largely increased, and tends to further increase.] 4i6 DEMOCRACY IN AMERICA. \ them. No sooner were they delivered from the cares which oppressed them, than they easily returned to their ordi- nary habits, and gave themselves up without resistance to their natural inclinations. When a powerful Govern- ment no longer appeared to be necessary, they once more began to think it irksome. The Union encouraged a general prosperity, and the States were not inclined to abandon the Union ; but they desired to render the action of the power which represented that body as light as possible. The general ; 'nciple of Union was adopted, but in every minor detail there was an actual tendency to independence. The principle of confederation was every day more easily ad- mitted, and more rarely applied ; so that the Federal Govern- ment 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 advan- tage. The position of the Federal Government then became exceedingly critical. Its enemies were in possession of the popular favour ; 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 at- tempted to enttT the lists with the Governments of the States. And whenever an interpretation of the terms of the Federal Constitution has been called for, that interpretation has most frequently been opposed to the Union, and favour- able 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 super- intend the * internal improvements ' which affected the pros- perity of the whole Union; such, for instance, as the cut- ting of canals. But the States were alarmed at a power, distinct from their own, which could thus dispose of a por- tion of their territory ; and they were afraid that the central Government would, by this means, acquire a formidable extent of patronage within their own confines, and exercise a degree of influence which they intended to reserve exclu- sively to their own agents. The democratic party, which has constantly been opposed to the increase of the Federyl authority, then accused the Congress of usurpation, and the CHANCES OF DURATION OF THE UNION. 417 Chief Magistrate of ambition. The central Government was intimidated by the opposition ; and it soon acknowledged its error, promising exactly to confine its influence for the future within the circle which was prescribed to it. The Constitution confers upon the Union the right of treating with foreign nations. The Indian tribes, which border upon the frontiers of the United States, had usually been regarded in this light. As long as these savages con- sented to retire before the civilised settlers, the Federal right was not contested : but ati soon as an Indian tribe attempted to fix its dwelling upon a given spot, the adjacent States claimed possession of the lands and the rights of sovereignty over the natives. The central Grovernment soon recognised both these claims ; and after it had concluded treaties with the Indians as independent nations, it gave them up as sub- jects to the legislative tyranny of the States.^ Some of the States which had been founded upon the coast of the Atlantic, extended indefinitely to the West, into- wild regions where no European had ever penetrated. The States whose confines were irrevocably fixed, looked with a jealous eye upon the unbounded regions which the future would enable their neighbours 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.'' Thenceforward the Federal Government became the owner of all the uncultivated lands which lie beyond the borders of the thirteen States first con- federated. It was invested with the right of parcelling arid selling them, and the sums derived from this source were exclusively reserved to the public treasure of the Urion, in order to furnish supplies for purchasing tracts of country from the Indians, for opening roads to the remote settle- ments, and for accelerating the increase of civilisation as much as possible. New States have, however, been formed in the course of time, in the midst of those wilds which were formerly ceded by the inhabitants of the shores of the 1 See in the Legislative Documents, already quoted in speaking of the Indians, the letter of the President of the United Stiitoa to the Chorokees, his correspondence on this subject with his agents, and his message:; to Congress. ^ The first act of cession was made by thj State of New York in 1780; Vir- ginia, Massachusetts, Connecticut, South and North Carolina, followed this example at different times, and lastly, the act of cession of Georgia was made us recently as 1802. VOL. I. E E 4i8 DEMOCRACY IN AMERICA. 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 ex- clusive right of converting the produce of these sales to their own use. As their remonstrances became more and more threatening. Congress thought fit to deprive the Union of a portion of the privileges which it had hitherto enjoyed; and at the end of 1832 it passed a law by which the greatest part of the revenue derived from the sale of lands was made over to the new western Republics, although the lands themselves were not ceded to them.^ The slightest observation in the United States enables one to appreciate the advantages which the country derives from the Bank. These advantages are of several kinds, but one of them is peculiarly striking to the stranger. The bank-notes of the United States are taken upon the borders of the desert for the same value as at Philadelphia, where the Bank conducts its operations.'^ 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 with- out some show of probability, of having abused their influfiice to thwart his election. The President therefore attacks the establishment which they represent with all the warmth of personal enmity ; and he is encouraged in the pursuit of his revenge by the conviction that he is supported by the secret propensities of the majority. The Bank may be regarded as the great monetary tie of the Union, just as Congress is the great legislative tie; and the same passions which tend to render the States independent of the central power, contribute to the overthrow of the Bank. The Bank of the United States always holds a great number of the notes issued by the provincia' 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 1 It is true that the President refused his assent to this law ; but he completely adopted it in principle. (See Message of 8th December, 1833.) 2 The present Bank of the United States was established in 1816, with a capital of 35,000,000 dollars ; its charter expires in 1836. Last year Congress passed a law to renew it, but the President put his veto upon the bill. The struggle is still going on with great violence on either side, and the speedy fall of the Bank may easily be foreseen. [It was soon afterwards extinguished by General Jackson.] CHANCES OF DURATION OF THE UNION. 419 4\ Ml of its resources enables it to meet all claims. But the exist- ence of the provincial banks is thus threatened, and their operations are restricted, since they are only able to issue a quantity of notes duly proportioned to their capital. They submit with impatience to this salutary control. The news- papers which they have bought over, and the President, whose interest renders him their instrument, attack the Bank with the greatest vehemence. They rouse the local passions and the blind democratic instinct of the country to aid their cause ; and they assert that the Bank-directors form a permanent aristocratic body, whose influence must ultimately be felt in the Grovernment, 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 Grovernment; but I assert that the attacks directed against the V/^nk of the United States originate in the same propensities which militate against the Federal Government ; and that the very numerous opponents of the former afford a deplorable symp- tom of the decreasing support of the latter. The Union has never displayed so much weakness as in the celebrated question of the Tariff.^ The wars of the French revolution and of 1812 had created manufacturing establishments in the North of the Union, by cutting off all free communication between America and Europe. When peace was concluded, and the channel of intercourse re- opened by which the produce of Europe was transmitted to the New World, the Americans thought fit to establish a system of import duties, for the twofold purpose of protecting their incipient manufactures and of paying off the amount of the debt contracted during the war. The Southern States, which have no manufactures to encourage, and which are exclusively agricultural, soon complained of this measure. Such were the simple facts, and I do not pretend to examine in this place whether their complaints were well-founded or unjust. ^ See principally for the details of this affair, the Legislative Documents, 22nd Congress, 2nd Session. No. 30. E E 2 ■!l I •: if',' IMAGE EVALUATION TEST TARGET (MT-3) /. 1.0 I.I 128 ■10 |25 2f Ii4 I 2.2 1-25 III.4 llii.6 ^ 6" ► Vi / ^ ^j> /A Photographic Sciences Corporation 23 WIST MAIN STRUT WIISTIR, NY. MStO (716) 173-4903 iV ^ ^ :\ \ ^"^^^ o^ v^ 420 DEMOCRACY IN AMERICA, As early as the year 1 820, South Carolina declared, in a petition to Congress, that the Tariff was * unconstitutional, oppressive, and unjust.' And the States of Georgia, Vir- ginia, North Carolina, Alabama, and Mississippi, subse- quently remonstrated against it with more or less vigour. But Congress, far from lending an ear to these complaints, raised the scale of Tariff duties in the years 1824 and 1828, and recognised anew the principle on which it was founded. A doctrine was 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 th'e nation is expressed, as it is in all con- stitutional 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 inde- pendent States ; and that each State, consequently, retains its entire sovereignty, if not de factOf at least .de jure ; an-l has the right of putting its own construction upon the laws of Congress, and of suspending their execution within the limits of its own territory, if they are held to be unconstitu- tional 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 acknow- ledge no tribunal above their authority to decide in the last resort, each of them has a right to judge for itself in relation to the nature, extent, and obligations of the instrument.' It is evident that a similar doctrine destroys the very basis of the Federal Constitution, and brings back all the evils of CHANCES OF DURATION OF THE UNION. 421 now. the old Confederation, from which the Americans were sup- posed to have had a safe deliverance. When South Carolina perceived that Congress turned a deaf ear to its remonstrances, it threatened to apply the doc- trine of nullification to th^. Federal Tariff bill. Congress persisted in its former system ; and at length the storm broke out. In the course of 1832 the citizens of South Carolina,^ named a National Convention, to consult upon the extraor- dinary measures which they were called upon to take ; and on the 24th of November of the same year this Convention promulgated a law, under the form of a decree, which annulled the Federal law of the Tariff, forbade the levy of the imposts which that law commands, and refused to recognise the appeal which might be made to the Federal courts of law.' This decree was only to be put in execution in the ensuing month of February, and it was intimated, that if Congress modified the Tariflf before that period. South Carolina might be induced to proceed no further with her menaces ; and a vague desire was afterwards expressed of submitting the question to an extraordinary assemblj' of all the confederate States. In the meantime South Carolina armed her militia, and prepared 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.'* A law was passed, by 1 That is to say, the majority of the people ; for the opposite party, called the Union party, always formed a very strong and active minority. Carolina may contain about 47,000 electora; 30,000 were in favour of nullification, and 17,000 opposed to it. " This decree was preceded by a report of the committee by which it was framed, containing the explanation of the motives and object of the law. The fol- lowing passage occurs in it, p. 34 :— * When the rights reserved by the Constitution to the different States are deliberately violated, it is the duty and the right of those States to interfere, in order to check the progress of the evil ; to resist usurpation, and to maintain, within their respective limits, those powers and privileges which belong to them as independent sovereign Statet, If they were destitute of this right, they would not be sovereign. South Carolina declares that she acknowledges no tribunal upon earth above her authority. She has indeed entered into a solemn compact of union with the other States ; but she demands, and will exercise, the right of putting her fiwn construction upon it ; and when this compact is violated by her sister StJites, and by the Q-overnment which they have created, flhe is determined to avail herself of the unquestionable right of judging what is the extent of the infraction, and what are the raeivsurcs best fitted to obtain justice.' 3 Congress was finally decided to take this step by the conduct of the powerful State of Virginia, whose legislature offered to serve as mediator between the Union and South Carolina. Hitherto the latter State had appeared to be entirely abandoned, even by the States which had joined in her remonstrances. m I! 423 DEMOCRACY IN AMERICA. which the tariflf 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 Tariflf; and substituted 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 i but it remained inflexible upon the principles in question ; and whilst Congress was altering the Tariflf 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 appre- hended. 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 Tariflf bill, met again, and accepted the proflfered concession ; but at the\ same time it declared its unabated perseverance in the doc- trine of nullification : and to prove what it said, it annulled the law investing the President with extraordinary powers, although it was very certain that the clauses of that law would never be carried into eflfect. Almost all the controversies of which I have been speak- ing have taken place under the Presidency of General Jack- son ; and it cannot be denied that in the question of the Tariflf he has supported the claims of the Union with vigour and with skill. I am however of opinion that the conduct of the individual who now represents the Federal Govern- ment may be reckoned as one of the dangers which threaten its continuance. 8ome persons in Europe have formed an opinion of the possible influence of General Jackson upon the aflfairs of his country, which appears highly extravagant to those who have seen more of the subject. We have been told that General Jackson has won sundry battles, that he is an energetic man, prone by nature and by habit to the use of force, covetous of power, and a despot by taste. All this may perhaps be true ; but the inferences which have been drawn from these truths are exceedingly erroneous. It » This Ihw was passed on the 2nd March, 1833. « This bill was brought in by Mr. Ulay, Hid it passed in four days through both Houses of Congress by an immense majority. CHANCES OF DURATION OF THE UNION. 423 the\ has been imagined that General Jackson is bent on estab- lishing a dictatorship in America, on introducing a military spirit, and on giving a degree of influence to the central authority which cannot but be dangerous to provincial liberties. But in America the time for similar under- takings, and the age for men of this kind, is not yet come : if General Jackson had entertained a hope of exercising his authority in this manner, he would infallibly have forfeited his political station, and compromised his life ; accordingly he has not been no imprudent as to make any such attempt. Far from wishing to extend the Federal power, the Pre- sident belongs to the party which is desirous of limiting that power to the bare and precise letter of the Constitution, and which never puts a construction upon that act favour- able to the Government of the Union; far from standing forth as the champion of centralisation,. General Jackson is the agent of all the jealousies of the States ; and he was placed in the lofty station he occupies by the passions of the people which are most opposed to the central Government. It is by perpetually flattering these passions that he maintains his station and his popularity. General Jackson is the slave of the majority : he yields to its wishes, its propensities, and its de* mands ; say rather, that he anticipates and forestalls them. Whenever the Governments of the States come into col- lision with that of the Union, the President is generally the first to question his own rights : he almost always outstrips the legislature ; and wjien the extent of the Federal power is controverted, he takes part, as it were, against himself; he conceals his official interests, and extinguishes his own natural inclinations. Not indeed that he is naturally weak or hostile to the Union ; for when the majority decided against the claims of the partisans of nullification, he put himself at its head, asserted the doctrines which the nation held distinctly and energetically, and was the first to recom- mend forcible measures ; but General Jackson appears to me, if I may use the American expressions, to be a Federalist by taste, and a Kepublican by calculation. General Jackson stoops to gain the favour of the majority, but when he feels that his popularity is secure, he over- throws all obstaclfes in the pursuit of the objects which the community approves, or of those which it does not look upon with a jealous eye. He is supported by a power with which his predecessors were unacquainted; and he tramples 4H DEMOCRACY IN AMERICA, on his personal enemies whenever they cross his path with a facility which no former President ever enjoyed; he takes upon himself the responsibility of measures which no one /before him would have ventured to attempt: he even treats the national representatives with disdain approaching to in- sult; he puts his veto upon the laws of Congress, and frequently neglects to reply to that powerful body. He is a favourite who sometimes treats his master roughly. The power of General Jackson perpetually increases ; but that of the Pre- sident 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 gradually from public afifairs, and narrowing its circle of Action more and more. It is naturallv feeble, but it now abandons even its pretensions to strength. On the other hand, I thought that I remarked a more lively sense of in- ■dependence, and a more decided attachment to provincial government, in the States. The Union is to subsist, but to subsist as a shadow ; it is to be strong in certain cases, and weak in all others ; in time of warfare, it is to be able to concentrate all the forces of the nation and all the resources of the country in its hands; and in time of peace its exist- ence is to be scarcely perceptible : as if this alternate debility and vigour 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 pre- dicted that, unless some extraordinary event occurs, the Go- vernment 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 in- ability to protect itself and to maintain peace in the country. The Union is sanctioned by the manners and desires of the people ; its results are palpable, its benefits visible. When it is perceived that the weakness of the Federal Government compromises the existence of the Union, I do not doubt that a reaction will take place with a view to increase its strength. 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 OF PROBABLE DURATION OF THE REPUBLIC 425 laws, and as long as its substance is not seriously altered, a change of opinion, an internal crisis, or a war, may restore all the vigour 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 favourable to a centralisation of power in the hands of the President and the Congress. I hold that a contrary tendency may distinctly be observed. So far is the Federal Government from acquiring strength, and from threatening the sove- reignty of the States, as it grows older, that I maintain it to be growing weaker and weaker, and that the sovereignty of the Union alone is in danger. Such are the facts which the present time discloses. The future conceals the final result of this tendency, and the events which may check, retard, or accelerate the changes I have described ; but I do not affect to be able to remove the veil which hides them from our sight. OF THE REPUBLICAN INSTITUTIONS OF THE UNITED STATES, AND WHAT THEIR CHANCES OF DURATION ARE. The Union is accidental — The Republican institutions have more prospect of permanence — A republic for the present the natural state of the Anglo-Ameri- cans — Reason of this — In order to destroy it, all the laws . .ust be changed at the same time, and a great alteration take place in manners — Difficulties ex- perienced 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 pros- pects of the republic with those of the Union. The Union is an accident, which will only last as long as circumstances are favourable to its existence ; but a republican form of Government seems to me to be the natural state of the Americans ; which nothing but the continued action of hostile causes^ always acting in the same direction, could change into a monarchy. The Union exists principally in the law which formed it; one revolution, one change in public opinion, might destroy it for ever; but the republic has a much deeper foundation to rest upon. ■Ml 436 DEMOCRACY IN AMERICA, What is understood by a republican government in the United. States is the slow and quiet action of society upon itself. It is a regular state of things 'really founded upon the enlightened will of the people. It is a conciliatory government under which resolutions are allowed time to ripen ; and in which they are deliberately discussed, and exe- cuted with mature judgment. The republicans in the United States set a high value upon morality, respect religious belief, and acknowledge the existence of rights. They profess to think that a people ought to ba moral, religious, and tempe- rate, in proportion as it is free. What is called the republic in the United States, is the tranquil rule of the majority, which, after having had time to examine itself, and to give proof of its existence, is the common source of all the powers of the State. [But the power of the majority is not of itself unlimited. In the moral world humanity, justice, and reason enjoy an undisputed supremacy ; in the political world vested rights are treated with no less deference. The majority > recognises these two barriers; and if it now and then over- step them, it is because, like individuals, it has passions, and. like them, it is prone to do what is wrong, whilst it di^'^^f 38 what is right^ i at 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 govern- ment, 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 modem 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 Americans have adopted respecting the republican form of government, render it easy for them to live under it, and ensure its duration. If, in their PROBABLE DURATION OF THE REPUBLIC. 427 country, this form be often practically bad, at least it is theoretically gocd; and, in the end, the people always acts in conformity to it. It was impossible at the foundation of the States, and it would still be difficult, to establish a central administration in America. The inhabitants ore dispersed over too great a space, and separated by too many natural obstacles, for one man to undertake to direct the details of their exist- ence. America is therefore pre-eminently the country of provincial find 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, mun:*?ipal liberty had already penetrated into the laws as well as the mariners of the English; and the emi- grants 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 diflferent purposes. The English settlers in the United States, therefore, early perceived that they were divided into a great number of small and distinct commu- nities which belonged to no common centre ; and that it was needful for each of these little communities to take care of its own (affairs, since there did not appear to be any central authority which was naturally bound and easily enabled to provide for them. Thus, the nature of the country, the manner in which the British Colonies were founded, the habits of the first emigiants, in short, everything, united to promote, in an extraorlinary degree, municipal and pro- vincial liberties. In the United States, therefore, the mujs of the institu- tions of the country is essentially republican ; and in order permanently to destroy the laws which form the basis of the republic, it would be necessary to abolish all the laws at once. At the present day, it would be even more difficult for a party to succeed in founding a monarchy in the United States than for a set of men to proclaim that France should henceforward be a republic Royalty would not find a sys- tem of legislation prepared for it beforehand ; and a mo- narchy would then exist, really surrounded by republican 428 DEMOCRACY IN AMERICA. institutioDS. 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 and ideas of the people : Ut may, on the contrary, be regarded as the last link of a chain of opinions which binds the whole Anglo-American world. That Providence has given to every human being the degree of reason neces- sary to direct himself in the aifairs which interest him exclusively; such is the grand maxim upon which civil and political society rests in the United States.) The &,ther 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 whan extended to the nation, it becomes the doctrine 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 o^ human actions ; republican notions insinuate themselves into all the ideas, opinions, and habits of the Americans, whilst they are formally recognised by the legislation: and before this legislation can be altered the whole community must undergo very seiious changes, In the United States, even the religion of most of the citizens is republican, since it submits the truths of the other world to private judg- ment : 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, ell having the same tendency, can substitute for this combina- tion of laws, opinions, and manners, a mass of opposite opinions, manners, and laws. If republican principles are to perish in America, they can only yield after a laborious social process, often inter- rupted, and as often resumed ; they will have many appa- rent revivals, and will not become totally extinct until an entirely new people shall have succeeded to that which now exists. Now, it must be admitted that there is no symptom or presage of the approach of such a revolution. There is nothing more striking to a person newly arrived in the United State« finds and PROBABLE DURATION OF THE REPUBLIC. 429 :5 States, than the kind of tumultuous agitation in which he finds political society. The laws are incessantly changing, and at jQrst sight it seems impossible that a people so variable in its desires should avoid adopting, within a short space of time, a completely new form of government. Such apprehensions are, however, premature ; the instability which affects political institutions is of two kinds, which ought not to be confounded : the first, which modifies secondary laws, is not incompatible with a very settled state of society; the other shakes the very foundations of the Constitution, and attacks the fundamental principles of legislation; this species of instability is always followed by troubles and revolutions, and the nation which suffers under it is in a state of violent transition. Experience shows that these two kinds of legislative instability have no necessary connection ; for they have been found united or separate, according to times and circum- stances. The first is common in the Unit-^d 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 f the monarchy, but they thought it impossible to put anytLinr in its place ; they received it as we receive the rays of V an and the return of the seasons. Amongst them th 'al power had neither advocates nor opponents. In like manner does the republican Government exist in America, without contention or opposition ; without proofs and arguments, by a tacit agreement, a sort of conaenaua universalis. It is, how- ever, my opinion that by changing their administrative forms as often as they do, the inhabitants of the United States compromise the future stability of their Government. 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 Americans lose their republican institutions they will 430 DEMOCRACY IN AMERICA. speedily arrive at a despotic Government, without a long interval of limited monarchy. Montesquieu remarked, that nothing is more absolute than the authority of a prince who immediately succeeds a republic, since the powers which had fearlessly been entrusted to an elected magistrate are then transferred to an hereditary sovereign. This is true in general, but it is more peculiarly applicable to a democratic republic. In the United States, the magistrates are not elected by a particular class of citizens, but by the majority of the nation ; they are the immediate representatives of the passions of the multitude ; and as they are wholly dependent upon its pleasure, they excite neither hatred nor fear : hence, as I have already shown, very little care has been taken to limit their influence, and they are left in possession of a vast deal of arbitrary power. This state of things has engendered habits which would outlive itself; the American magistrate would retain his power, but he would cease to be responsible for the exercise of it ; and it is impossible to say\ what bounds could then be set to tyranny. Some of our European politicians expect to see an aristo< cracy arise in America, and they already predict the exact period at which it will be able to assume the reins of govern- ment. I have previously observed, and I repeat my asser- tion, 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 tht.y 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 citizens who, without being very far removed from the mass of the people are, nevertheless, permanently stationed above it : a body which it is easy to touch and difficult to strike ; with which the people are in daily contact, but with which they can never combine. Nothing can be imagined more contrary to nature and to the secret propensities of the human heart than a subjection of this kind ; and men who are left to follow their own bent will always prefer the arbi- trary power of a king to the regular administration of an aristocracy. Aristocratic institutions cannot subsist without laying down the inequality of men as a fundamental princi- COMMERCIAL PROSPERITY OF THE UNITED STATES. 431 pie, as a part and parcel of the legislation, affecting the con- dition 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. I do not think a single people can be quoted, since human society began to exist, which has, by its own free will and by its own exertions, created an aristocracy within its own bosom. All the aristocracies of the Middle Ages were founded by military conquest ; the conqueror was the noble, the vanquished became the serf. Inequality was then imposed by force ; and after it had been introduced into the manners of the country it maintained its own authority, and was sanctioned by the legislation. Communities have existed which were aristocratic from their earliest origin, owing to circumstances anterior to that event, and which became more democratic in each succeeding age. Such was the destiny of the Komans, and of the barbarians after them. But a people, having taken its rise in civilisation and demo- cracy, which should gradually establish an inequality of conditions, until it arrived at inviolaule privileges and exclusive castes, would be a novelty in the world; and nothing intimates that America is likely to furnish so singular an exampl e. 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 — Keason of this opinion — Future destiny of the Anglo-Americans as a commercial nation — The dissolution of the Union would not check the maritime vigour of the States — Reason of this— Anglo- Americans will naturally supply the wants of the inhabitants of South Ame- rica — They will become, like tne English, the factors of a great portion of the world. The coast of the United States, from the Bay of Fundy to the Sabine Kiver 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 432 DEMOCRACY IN AMERICA. civilised people, which fortune has placed in the midst of an uncultivated country at a diistance of three thousand miles from the central point of civilisation. America consequently stands in daily need of European trade. The Americans will, no doubt, ultimately succeed in producing or manufac- turing at home most of the articles whic^ they require ; but the two continents can never be indepenuent 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 inhabitants of the Unitf;d States to transport their raw materials to the ports of Europe, than it is to enable us to supply them with our manufactured pro- duce. The United States were therefore necessarily reduced to the alternative of increasing the business of other maritime nations to a great extent, if they bad themselves declined to enter into commerce, as the Spaniards of Mexico have hitherto done ; or, in the second place, of becoming one of the first trading powers of the globe. The Anglo-Americans have always displayed a very decided taste for the sea. The Declaration of Independence broke the commercial restrictions which united them to England, and gave a fresh and powerful stimulus to their maritime genius. Ever since that time, the shipping of the Union has increased in almost the same rapid proportion as the number of its inhabitants. The Americans them- selves 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 numb(;r of ^ The total value of poods imported during the year which ended on the 30th September, 1832, was 101,129,266 dollars. The value of the cargoes o: foreign vessels did not amount to 10,731,039 dollars, or about one-tenth of the entire sum. 3 The value of goods exported during the same year amounted to S?, 176, 943 dollars; the value of goods exportad by foreign vessels amounted to '^1,030,183 dollars, or about one quarter of the whole sum. (' Williams's llegister,' 1833, p. 398.) COMMERCIAL PROSPERITY OF THE UNITED STATES. 433 English and French vessels which are to he seen at N'^w York is comparatively small.^ Thus, not only does the American merchant face the com- petition of his own countrymen, but he ev i supports that of foreign nations in their own ports with success. This is readily explained by the fact that the vessels of the United States can cross the seas at a cheaper rate than any other vessels in tht 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 oth'jr nations ; and one is at first led to attribute this circumstance to the physical or natural advantages which are within their reach; but this supposi- tion is erroneous. The American vessels cost almost as much to build as our own ; * they are not better built, and they generally last for a shorter time. The pay of the American sailor is more considerable than the pay on board European ships; which is proved by the great number of Europeans who are to be met with in the merchant vessels of the United States. But I am of opinion that the true cause of their superiority must not be sought for in physical advantages, but that it is wholly attributable to their moral and intellectual qualities. The following comparison will illustrate my meaning. During the campaigns of the Revolution the French intro- duced a new system of tactics into the art of war, which per- plexed 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 ^ The tonnage of the vessels which entered all the ports of the Union in the years 1829, 1830, and 1831, amounted to 3,307,719 tons, of which 644,571 tons were foreign vessels; they stood therefore to the American vessels in a i-atio of about 16 to 100. ('National Calendar,' 1833, p. 304.) The tonnage of theEnglish vessels which entered the ports of London, Liverpool, and Hull, in the years 1820, 1826, and 1831, amounted to 443,800 tons. The foreign vessels which entered the same ports during the same years amounted to 169,431 tons. Tlie ratio between them was therefore about 36 to 100. (' Companion to the Almanac,' 1834, p. 169.) In the year 1832 the ratio between the foreign and British ships which entered the ports of Great Britain was 29 to 100. [These statements relate to a condition of affairs which has ceased to exist ; the civil war and the heavy taxation of the United States entirely altered the trade and navigation of the country.] 3 Materials are, generally speaking, less expensive in America than in Euroj^e, but the price of labour is much higher. VOL, I. r F 434 DEMOCRACY IN AMERICA. number of things which had always been held to be indis- pensable in warfare; they required novel exertions on the part of their troops which no civilised 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 Amt^ncans have introduced a similar system into their commercial speculations; and they do for cheapness what the French did for conquest. The European sailor navigates with prudence ; he only sets sail when the weather is favourable ; 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 che sun. But, the American neglects these precautions and braves these ' dangers. He weighs anchor in the midst of tempestuous gales ; by night and by day he spreads his sheets to the wind ; he repairs as he goes along such damage as his vessel may have sustained from the storm ; and when he at last ap- proaches 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 harbour, or in waiting for a favourable 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 mouths 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. COMMERCIAL PROSPERITY OF THE UNITED STATES. 435 puts and nd, he But^ I cannot better explain my meaning than by saying that the Americans afifect a sort, of heroism in their manner of trading. But the European merch«.nt 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 civilisation; but as they are not surrounded by a community admirably adapted, like that of Europe, to satisfy their wants, they are often obliged to procure for themselves the various articles which education and habit have rendered necessaries. In America it sometimes happens that the same individual tills his field, builds his dwelling, contrives his tools, makes his shoes, and weaves the coarse stuff of which his dress ij composed. This circumstance is preju- dicial to the excellence of the work ; but it powerfully con- tributes to awaken the intelligence of the workman. Nothing tends to materialise man, and to deprive his work of the faintest trace of mind, more than extreme division of labour. In a country like America, where men devoted to special occupations are rare, a long apprenticeship cannot be required from any one who embraces a profession. The Americans, therefore, change their means of gaining a livelihood very readily; and they suit their occupations to the exigencies of the moment, in the manner most profitable to themselves. Men are tc 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 Euro- pean, 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 prejudices of their present station ; they are not more at- tached to one line of operation than to another ; they are not more prone to employ an old method than a new one; they have no rooted habits, and they easily shake off the in- fluence which the habits of other nationa might exercise upon their minds from a conviction that their country is unlike any otu^r, and that its situation is without a precedent in the world. America is a land of wonders, in which every- F F 2 436 DEMOCRACY IN AMERICA. thing is in constant motion, and every movement seems an improvement. The idea of novelty is there indissolubly con- nected with the idea of amelioration. No natural boundary seems to be set to the efforts of man ; and what is not yet done is only what he has not yet attempted to do. This perpetual change which goes on in the United States, these frequent vicissitudes of fortune, accompanied by such unforeseen fluctuations in private and in public wealth, serve to keep the minds of the citizens in a perpetual state of feverish agitation, which admirably invigorates their exer- tions, and keeps them in a state of excitement above the ordinary level of mankind. The whole life of an American is passed like a game of chance, a revolutionary crisis, or a battle. As the same causes are continually in operation throughout the country, they ultimately impart an irresist- ible impulse to the national character. The American, taken as a chance specimen of his countrym^^n, must then be a man of singular warmth in his desires, enterprising, fond of t ndventure, and, above all, of innovation. The same bent is manifest in all that he does ; he introduces it into his political laws, his religious doctrines, his theories of social economy, and his domestic occupations ; he bears it with him in the depths of the backwoods, as well as in the busi- ness of the city. It is this same passion, applied to maritime commerce, which makes him the cheapest and the quickest trader in the world. As long as the sailors of the United States retain these inspiriting advantages, and the practical superiority which they derive from them, they ^ill not only continue to supply the wants of the producers and consumers of their own coun- try, but they will tend more and more to become, like the English, the factors of all other peoples.^ This prediction has already begun to be realised ; we perceive that the Ame- rican traders are introducing themselves as intermediate agents in the commerce of several European nations ; ' and America will offer a still wider field to their enterprise. 1 It must not be supposed that English vessels are exclusively employed in transporting foreign produce into England, or British produce to foreign countries : at the present day the merchant shipping of England may be regarded in the light of a vast system of public conveyanc is, ready to serve all the producers of the world, and to open communicationH between all peoples. The maritime genius of the Americans prompts them to enter into competition with the English. "^ Part of the commerce of the Mediterranean is already carried on by American vessels. COMMERCIAL PROSPERITY OF THE UNITED STATES. 437 The great colonies which were founded in South America hy the Spaniards and the Portuguese have since become em- pires. Civil war and oppression now lay waste those extensive regions. Population does not increase, and the thinly-scat- tered inhabitants are too much absorbed in the cares of self- defence even to attempt any amelioration of their condition. Such, however, will not always be the case. Europe has succeeded by her own efforts in piercing the gloom of the Middle Ages ; South America has the same Christian laws and Christian manners as we have ; she contains all the germs of civilisation 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 un- civilised ? It is clear that the question is simply one of time ; at some future period, which may be more or less remote, the inhabitants of South America will constitute flourishing and enlightened nations. But when the Spaniards and Portuguese of South Ame- rica begin to feel the wants common to all civilised 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 agriculturists long before they succeed in manufactures or commerce, and they will require the mediation of strangers to exchange their produce beyond seas for those articles for which a demand will begin to be felt. It is unquestionable that the Americrns 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 merchant of the United States could only forfeit these natural advan- tages if he were very inferior to the merchant of Europe ; to whom he is, on the contrary, superior in several respects. The Americans of the United States already exercise a very considerable moral influence upon all the peoples of the New World. They are the source of intelligence, and all the nations which inhabit the same continent are already accus- tomed 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 438 DEMOCRACY IN AMERICA. 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 Ame- rica 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 firom England, because they are less advanced in civilisation and trade. England is at this time the natural emporium of almost all the nations which are within its reach ; the Ameri- can Union will perform the same part in the other hemi- sphere; and every community which is founded, or which prospers in the New World, is founded and prospers to the advantage of the Anglo-Americans. If the Union were to be dissolved, the commerce of the States which now compose it would undoubtedly be checked for a time; but this consequence would be less perceptible \ than is generally supposed. It is evident that, whatever may happen, the commercial States will remain united. They are all contiguous to each other; they have identically d within the frontiers of the Union, since it already extends to the North-east. To the North-west nothing is ♦^n be met with but a few insignificant Russian settlements; but to the South-west, Mexico presents a barrier to the Anglo-Americans. Thus, the Spaniards and the Anglo-Americans are properly speak- ing, 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 favourable to the Anglo-Americans, I do not doubt that they will shortly infringe this arrange- ment. Vast provinces, extending beyond the frontiers of the Union towards Mexico, are still destitute of inhabitants. The natives of the United States will forestall the rightful occupants of these solitary regions. They will take posses- sion 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 difficulty in securing themselves from this invasion. I have already alluded to what is taking place in the province of Texas. The inhabitants of the United States are perpe- tually migrating to Texas, where they purchase land; and although they conform to the laws of the country, they are gradually founding the empire of their own language and their own manners. The province of Texas is still part of the Mexican dominions, but it will soon contain no Mexicans ; the same thing has occurred whenever the Anglo-Ameri- cans have come into contact with populations of a different origin. * [This was speedily accompllMhcd, and ore long both Texas and California formea part of the United States. Thu Kussian settlements were acquired by purchase.] 442 DEMOCRACY IN AMERICA. It cannot be denied that the British race /ms acquired an amazing preponderance over all the other European races in the New World; and that it is very superior to them in civilisation, in industry, and in power. As ^ ~ i it is only surrounded by desert or thinly-peopled c . . . les, 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 favourable 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 burn- ing 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 population in the United States is posterior to their Declara- tion of Independence. But this is an error : the population increased as rapidly under the colonial system as it does at the present day ; that is to say, it doubled in about twenty- two years. But this proportion, which is now applied to millions, was then applied to thousands of inhabitants ; and the same fact which was scarcely noticeable a century ago, is now evident to every observer. The British subjects in Canada, who are dependent on a king, augment and spread almost as rapidly as the British setUers 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 in- habitants. Nor did the unsetl jd state of the Constitution, T»hich succeeded the war, prevent the increase of the popula- tion, or stop its progress across the wilds. Thus, the difference of laws, the various conditions of peace and war, of order and of anarchy, have exercised no perceptible influence upon the gradual development of the Anglo-Americans. This may be ed an races them 3 it is iSf as route, aredlj will finary New ^bove tend ; burn- are, zone se of slara- ation es at enty- ed to and fo, is on a itish lican hich ease ?rful ;ime was i of nia, in- Lon, ila- nce md the be FUTURE PROSPECTS OF THE UNITED STATES. 443 readily understood ; for the fact is, that no osases are suffi- ciently 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. l^e dis- memberment of the Union, and the hostilities which might ensue, the abolition of republican institutions, and the tyrannical government which might succeed it, may retard this impulse, but they cannot prevent it from ultimately fulfilling the destinies to which that race is reserved. No power upon earth can close upon the emigrants that fertile wilderness which offers resources to all industry, and a refuge from all want. Future events, of whatever nature they may be, will not deprive the Americans of their climate or of their inland seas, of their great rivers or of their exuberant soil. Nor will bad laws, revolutions, and anarchy, be able to oblite- rate 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 is sure. At a period which may be said to be near (for we are speaking of the life of a nation), the Anglo- Americans will alone cover the immense space contained between the Polar regions and the Tropics, extending from the coasts of the Atlantic to the shores of the Pacific Ocean. The territory which will probably be occupied by the Anglo- Americans at some future time, may be computed to equal three-quarters of Europe in extent.^ 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 pro- portionate to our own. Europe, divided as it is between so many different nations, and torn as it has been by incessant 1 The United States already extend over a territory equal to one-half of Europe. The area of Europe is 600,000 square leagues, and its population 205,000,000 of inhabitants. (Malte Brun, liv. 114. vol. vi. p. 4.) [This computation is given in French leagues, which were in use when the author wrote. Twentv years later, in 1850, the superficial area of the United States had been extended to 3,306,865 square ir^'-a of territory, which is about the area of Europe.] 444 DEMOCRACY IN AMERICA, wars and the barbarous manners of the Middle Ages, has notwithstanding 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 British race in America cease to present the same homoge- neous characteristics: and the time cannot be foreseen at which a permanent inequality of conditions will be estab- lished in the New World. Whatever dififerences may arise, from peace or from war, from freedom or oppression, from prosperity or want, between the destinies of the diflferen*. 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 tu which that social condition has given birth. . In the Middle Ages, the tie of religion was sufficiently I) powerful to imbue all the different populations of Europe with the same civilisation. The British of the New World have a thousand other reciprocal ties; and they live at a time when the tendency to equality is general amongst man- kind. The Middle Ages were a period when everything was broken up ; when each people, each province, each city, and each family, had a strong tendency to maintain its distinct individuality. At the present time an opposite tendency seems to prevail, and the nations seem to be advancing to unity. Our means of intellectual intercourse unite the most remote parts of the earth ; and it is impossible for men to remain strangers to each other, or to be ignorant of the events which are taking place in any corner of the globe. The consequence is that there is less difference, at the pre- sent 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 a 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 condition, the progeny of one race, owing their origin to the same cause, and preserving the same civilisation, the same 1 See Make Brun, lir. 116. vol vi. p. 92. ^ This would be a population proportionate to that of Europe, taken at a mean rate of 410 inhabitants to the square league. FUTURE PROSPECTS OF THE UNITED STATES. 445 language, the same religion, the same habits, the same man- ners, and imbued with the same opinions, propagated under the same forms. The rest is uncertain, but this is certain ; and it is a fact new to the world — a fact fraught with such portentous consequences as to baffle the efibrts 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 dififerent points : I allude to the Russians and the Americans. Both of them have grown up unnoticed ; and whilst the attention of mankind was directed elsewherei they have suddenly assumed a most prominent place amongst the nations ; and the world learned their existence and their greatness at almost the same time. All other nations seem to have nearly reached their natu- ral limits, and only to be charged with the maintenance of their power ; but these are still in the act of growth ; ^ all the others are stopped, or continue to advance with extreme difficulty; these are proceeding with ease and with celerity along a path to which the human eye can assign no term. The American struggles against the natural obstacles which oppose him ; the adversaries of the Russian are men ; the former combats the wilderness and savage life ; the latter, civilisation with all its weapons and its arts : the conquests of the one are therefore gained by the ploughshare ; those of the other by the sword. The Anglo-American relies upon personal interest to accomplish his ends, and gives free scope to the unguided exertions and common sense of the citizens ; the Russian centres all the authority of society in a single arm : the principal instrument of the former is freedom ; of the latter servitude. Their starting-point is dififerent, 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. 1 Russia is the country in tho Old World in which population increases most rapidly in proportion. END OF VOL. I. PHINTBD BT KKLLT AMD 00., HIDDLB MILL, KING8TON-ON-THAHB8 ; AND OATE STBEBT, LIMOOLM'8 INN FIBLO!>, W.C. OPINIONS OF THE PRESENT WORK. — >SSB<— ' Lot me earnestly advise ynir perusal of the work, if you have not yet read it, of a very able and intelligent Frenchman, who has made the institutions of the United States the peculiar object of his observation and study. M. De Tocquevillo is the name of the Frenchman to whom I allude, and this is the account which ho gives of the results proilucod by I'epubliean institutions in the United States.' Speech of the late Sib IIobebt PEBt*, at Glasgow, January 12, 1837. 'The English public may now know and read the first philosophical book ever written on Democracy, as it manifests itself in modern society ; a book, the essen- tial doctrines of which it is not likely that any future speculations will subvert, to whatever degree they may modify them; while its spirit, and the general mode in which it treats its subject, constitute it the beginning of a new era in the scientific study of politics.' Edinburqu Rbvikw, October 1840. • M. De Tocquevillo, among the first, has set the example of analysing Demo- cracy : of distinguishing one of its features, one of its tendencies, from another; of showing which of these tendencies is good, and which bad, in itself. Ho does this with so noble a field as a great nation to demonstrate upon, which field he has commenced by minutely examining; selecting by a discernment of which we have had no previous example, the material facts, ana surveying these by the light of principles, drawn from no ordinary knowledge of human nature. The author's mind seems to us to resemble Montesquieu most among the groat French writers. The book is such as Montesquieu might have written, if to his genius ho had super- added good sense, and the lights wliich mankind have since gained from the experi- ences of a period in which they may bo said to have lived centuries in fifty years.' John Stuaut Mill, in the London Review, vol. ii. p. 95. •It is our opinion that M. Do Tocquevillo has approached the working of the American institutions in a bettor temper, and ti'oatod it in a far more philosophical manner, than any preceding writer. . . . Wo feel highly grateful to M. De Tocque- villo for having acted towards us on this occasion the part of a travelling tutor. He has not only showed us the country, but explained to us the reasons why it exists in its present state ; and for the first time, so far as we aro aware of, not only tha true situation of that extraordinary people, but tho true causes of thoir social and political situation, are clearly developed, , . , Persons who seek in these pages for materials to advance any merely party, or other selfish purpose, will cer- tainly bo disappointed, for they aro entirely froo from envy, hatred, and malico.and from all uncharitabloness. Neither is there any satire contained in thorn, oxpi'ossod or understood ; all is grave, and plain, and abovo-boiird, and withal so temperate, that even where wo do not agree with liis deductions our confidence in his good faith and singlonoss of i)uriioso remains unbroken. This is a great chifrm. Wo cannot indeed recall to our memory any work lit all similar to this, in which there is no narrative, nor any other enlivening ciroiinistanco to give it animation, and yet in which the intoivst is sustained from begining to end without once fiagging. , . . The work is divided into two parts. In tlie Fiiist Pakt he shows the direc- tion which tho democracy of America, almost, entirely unrestrained, and let loose to follow its natural propensities, has given to tho laws and to tho general ad- ministration of public all'airs, lie, moreover, endeavours to trace its evils and % 11 Opinions of the Present Work. advantages, and to learn what precautions have been used by statesmen in America to regulate this enormous machine, so as to render i ts movements subservient to the government of society. In the Second Fakt M. De Tocqueville examines the in- fluence which the equality of conditions and the actual administration of affairs under a democratical government have exercised on the habits, the opinions, the sentiments, and manners of the Americans : in short, to determine how far their moral character, their intellectual attainments, their pursuit of business or of plea- sure, their intercourse with one another and with foreigners, and all their other private relations, have been modified by the complete establifihment of the demo- cratic system under circumstances entirely dissimilar to any which the world had heretofore witnessed. ... In America the, people — that is to say, the mass of the people, the numerical majority — regulate all things, and, in fact, govern the coun- try : they appoint the legislative as well as the executive power ; they nominate the judges and the juries; they elect their representatives directly, and for the most part annually ; and thus, in every possible way, although the government be no- minally what is called representative, it is evident that the opinions of the majority, however fluctuating or inconsistent — their passions, however violent — and their prejudices, however absurd —or