American institutions

Front matter

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Brigham Young University

Call 320.973 No. Tllifce

Chapter III

Social Condition of the Anglo-Americans . . . .57 The striking Characteristic of the Social Condition of the Anglo- Americans is its essential Democracy . . . . .57 Political Consequences of the Social Condition of the Anglo-Americans . . . . . . . • # • • .67

Chapter V

Necessity of Examining the Condition of the States before THAT OF THE UNION AT LARGE 73

The American System of Townships 74

Limits of the Township 77

Powers of the Township in New England ...» 77

Life in the Township ......... 80

Spirit of the Townships of New England .... 83

The Counties of New England 86

XX

CONTENTS.

The Administration of Government in New England ... 87

General Remarks on the Administration in the United States . 99

Of the State . . . . 104

Legislative Power of the State 104

The Executive Power of the State 106

Political Effects of decentralized Administration in the United States 107

CHAPTER VI. Judicial Power in the United States, and its Influence

on Political Society 123

Other Powers granted to American Judges . • . . 130

CHAPTER VIII. History of the Federal Constitution ..... 140

Summary of the Federal Constitution 143

Powers of the Federal Government ..... 144

Legislative Powers of the Federal Government .... 147 A further Difference hetween the Senate and the House of Representatives . . . . . . . . . .150

The Executive Power 151

In what the Position of a President of the United States differs

from that of a Constitutional King of France . . . 153 Accidental Causes which may increase the Influence of the Execu-

• tive Government 158

Why the President of the United States does not need a Majority

in the two Houses in Order to cany on the Government . 159

Election of the President 160

Mode of Election 166

Crisis of the Election .170

Re-election of the President 172

Federal Courts of Justice 175

Means of determining the Jurisdiction of the Federal Courts . 179 Different Cases of Jurisdiction . . . . . . .181

Procedure of the Federal Courts 187

High Rank of the Supreme Court amongst the great Powers of State 190

XXII

CONTENTS.

Whether the Expenditure of the United States can be compared

with that of France 280

Corruption and the Vices of the Rulers in a Democracy, and consequent Effects upon Public Morality .... 286 Efforts of which a Democracy is capable ..... 289 Self-Control of the American Democracy .... 293 Conduct of Foreign Affairs by the American Democracy . .296

CHAPTER XIV.

What are the real Advantages which American Society

derives from a democratic government . . . 302 General Tendency of the Laws under the American Democracy,

and Instincts of those who apply them .... 302

Public Spirit in the United States 308

Notion of Rights in the United States . . . .311

Respect for the Law in the United States . . . . 315 Activity which pervades all Parts of the Body Politic in the United

States; Influence which it exercises upon Society . .317

CHAPTER XV.

Unlimited Power of the Majority in the United States,

and its Consequences 324

How the Omnipotence of the Majority increases, in America, the Instability of Legislation and Administration inherent in Democracy .......... 327

Tyranny of the Majority 330

Effects of the Omnipotence of the Majority upon the arbitrary Authority of American Public Officers ..... 335 Power exercised by the Majority in America upon Opinion . . 336 Effects of the Tyranny of the Majority upon the National Character

of the Americans. — The Courtier-spirit in the United States 340 The greatest Dangers of the American Republics proceed from the

Omnipotence of the Majority ...... 343

CHAPTER XVI.

Causes which mitigate the Tyranny of the Majority in the

United States 346

Absence of Centralized Administration ..... 346

The Profession of the Law in the United States serves to counterpoise the Democracy ....... 348

Trial by Jury in the United States considered as a Political Institution 358

CONTENTS.

XXI

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

States 193

Characteristics of the Federal Constitution of the United States of

America as compared with all other Federal Constitutions . 198

Advantages of the Federal System in general, and its special Utility in America 202

Why the Federal System is not practicable for all Nations, and how

the Anglo-Americans were enabled to adopt it 209

CHAPTER IX. how it can be strictly said that the people govern in

the United States . . . . . . . .219

Chapter XIII

Government of the Democracy in America . . . 252 Universal Suffrage ........ 252

The Choice of the People, and the Instinctive Preferences of the

American Democracy ....... 253

Causes which may partly correct these Tendencies of the Democracy 257 Influence which the American Democracy has exercised on the Laws

relating to Elections ....... 261

Public Officers under the Control of the American Democracy . 262 Arbitrary Power of Magistrates under the Rule of the American

Instability of the Administration in the United States . . 268 Charges levied by the State under the Rule of the American Democracy 270

Tendencies of the American Democracy as regards the Salaries of

public Officers 275

Difficulty of distinguishing the Causes which incline the American

Government to Economy . . . . . . 279

CONTENTS. xxiil

CHAPTER XVII.

Principal Causes which tend to maintain the Democratic

Republic in the United States 3G8

Accidental or Providential Causes which contribute to maintain the

Democratic Republic in the United States .... 369

Influence of the Laws upon the Maintenance of the Democratic Republic in the United States ...... 382

Influence of Manners upon the Maintenance of the Democratic Republic in the United States 383

Religion considered as a Political Institution, which powerfully contributes to the Maintenance of the Democratic Republic amongst the Americans ....... 383

Indirect Influence of Religious Opinions upon Political Society in

the United States . ... . . . . . 387

Principal Causes which render Religion powerful in America . 394

How the Education, the Habits, and the practical Experience of the

Americans promote the Success of their Democratic Institutions 403

The Laws contribute more to the Maintenance of the Democratic Republic in the United States than the Physical Circumstances of the Country, and the Manners more than the Laws . . 409

Whether Laws and Manners are sufficient to maintain Democratic

Institutions in other Countries besides America . . . 414

Importance of what precedes with Respect to the State of Europe . 418

CHAPTER XVIII.

The Present and probable Future Condition of the Three Races which inhabit the Territory of the United

The Present and probable Future Condition of the Indian Tribes

which inhabit the Territory possessed by the Union . . 431 Situation of the Black Population in the United States, and Dangers with which its Presence threatens the Whites . . . 456 What are the Chances of Duration of the American Union, and

what Dangers threaten it . . . . . .491

Of the Republican Institutions of the United States, and what their

Chances of Duration are ....... 535

Some Considerations on the Causes of the Commercial Prosperity

of the United States . 543

Conclusion

AMONGST the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of condition among the people. I readily discovered the prodigious influence which this primary fact exercises on the whole course of society ; it gives a peculiar direction to public opinion, and a peculiar tenor to the laws ; it imparts new maxims to the governing authorities, and peculiar habits to the governed.

I soon perceived that the influence of this fact extends far beyond the political character and the laws of the country, and that it has no less empire over civil society than over the government; it creates opinions, gives birth to new sentiments, founds novel customs, and modifies whatever it does not produce. The more I advanced in the study of American society, the more I perceived that this equality of condition is the fundamental fact from which all others seem to be derived, and the central point at which all my observations constantly terminated.

I then turned my thoughts to our own hemisphere, and thought that I discerned there something analogous to the spectacle which the New World presented to me. I observed that equality of condition, though it has not there reached the extreme limit which it seems to have attained in the United States, is constantly approaching

1 A

Introduction

it ; and that the democracy which governs the American communities appears to be rapidly rising into power in Europe.

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

It is evident to all alike that a great democratic revolution is going on amongst us ; but all do not look at it in the same light. To some it appears to be novel but accidental, and, as such, they hope it 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.

I look back for a moment on the situation of France seven hundred years ago, when the territory was divided amongst a small number of families, who were the owners of the soil and the rulers of the inhabitants ; the right of governing descended with the family inheritance from 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 increase: the clergy opened their ranks to all classes, to the poor and the rich, the vassal and the lord ; through the Church, equality penetrated into the Government, and he who as a serf must have vegetated in perpetual bondage took his place as a priest in the midst of nobles, and not unfrequently above the heads of kings.

The different relations of men with each other became more complicated and numerous as society gradually became more stable and civilized. Hence the want of civil laws was felt ; and the ministers of law soon rose from the obscurity of the tribunals and their dusty chambers, to appear at the court of the monarch, by the side of the feudal barons clothed in their ermine and their mail.

Whilst the kings were ruining themselves by their great

INTRODUCTION.

enterprises, and the nobles exhausting their resources byprivate wars, the lower orders were enriching themselves by commerce. The influence of money began to be perceptible in state affairs. The transactions of business opened a new road to power, and the financier rose to a station of political influence in which he was at once flattered and despised.

Gradually the diffusion of intelligence, and the increasing taste for literature and art, caused learning and talent to become a means of government ; mental ability led to social power, and the man of letters took a part in the affairs of the state.

The value attached to high birth declined just as fast as new avenues to power were discovered. In the eleventh century, nobility was beyond all price ; in the thirteenth, it might be purchased. Nobility was first conferred by gift 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 the nobles, in order to resist the authority of the crown, or to diminish" the power of their rivals, granted some political influence to the common people. Or, more frequently, the king permitted the lower orders to have a share in the government, with the intention of depressing the aristocracy.

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

INTRODUCTION.

As soon as land began to be held on any other than a feudal tenure, and personal property in its turn became able to confer influence and power, every discovery in the arts, every improvement in commerce or manufactures, created so many new elements of equality among men. Henceforward every new invention, every new want which it occasioned, and every new desire which craved satisfaction, was a step towards a general levelling. The taste for luxury, the love of war, the empire of fashion, and the most superficial as well as the deepest passions of the human heart, seemed to co-operate to enrich the poor and to impoverish the rich.

From the time when the exercise of the intellect became a source of strength and of wealth, we see that every addition to science, every fresh truth, and every new idea became a germ of power placed within the reach of the people. Poetry, eloquence, and memory, the graces of the mind, the glow of imagination, depth of thought, and all the gifts which Heaven scatters at a venture, turned to the advantage of the democracy ; and even when they were in the possession of its adversaries, they still served its cause by throwing into bold relief the natural greatness of man. Its conquests spread, therefore, with those of civilization and knowledge ; and literature became an arsenal open to all, where the poor and the weak daily resorted for arms.

In running over the pages of our history for seven hundred years, we shall scarcely find a single great event which has not promoted equality of condition.

The Crusades and the English wars decimated the nobles and divided their possessions : the municipal corporations introduced democratic liberty into the bosom of feudal monarchy ; the invention of fire-arms equalized the vassal and the noble on the field of battle ; the art of printing opened the same resources to the minds of all classes ; the

INTRODUCTION.

post-office "brought knowledge alike to the door of the cottage and to the gate of the palace; and Protestantism proclaimed that all men are alike able to find the road to heaven. The discovery of America opened a thousand new paths to fortune, and led obscure adventurers to wealth and power.

If, beginning with the eleventh century, we examine what has happened in France from one half-century to another, we shall not fail to perceive, at the end of each of these periods, that a twofold revolution has taken place in the state of society. The noble has gone down on the social ladder, and the commoner has gone up ; the one descends as the other rises. Every half-century brings them nearer to each other, and they will soon meet.

Nor is this peculiar to France. Whithersoever we turn our eyes, we perceive the same revolution going on throughout the Christian world. The various occurrences of national existence have everywhere turned to the advantage of democracy: all men have aided it by their exertions, both those who have intentionally labored in its cause, and those who have served it unwittingly ; those who have fought for it, and those who have declared themselves its opponents, have all been driven along in the same track, have all labored to one end ; some ignorantly and some unwillingly, all have been blind instruments in the hands of God.

The gradual development of the principle of equality is, therefore, a Providential fact. It has all the chief characteristics of such a fact : it is universal, it is durable, it constantly eludes all human interference, and all events as well as all men contribute to its progress.

Would it, then, be wise to imagine that a social movement, the causes of which lie so far back, can be checked by the efforts of one generation ? Can it be believed that the democracy which has overthrown the feudal system, a

EsTKODUCTIOX.

and vanquished kings, will retreat before tradesmen and capitalists ? Will it stop now that it has grown so strong, and its adversaries so weak ?

"Whither, then, are we tending ? Xo one can say, for terms of comparison already fail us. The conditions of men are more equal in Christian countries at the present day than they have been at any previous time, or in any part of the world ; so that the magnitude of what already has been done prevents us from foreseeing what is yet to be accomplished.

The whole book which is here offered to the public has been written under the impression of a kind of religious terror produced in the author's mind by the view of that irresistible revolution which has advanced for centuries in spite of every obstacle, and which is still advancing in the midst of the ruins it has caused.

It is not necessary that God himself should speak hi order that we may discover the unquestionable signs of his will. It is enough to ascertain what is the habitual course of nature and the constant tendency of events. I know, without a special revelation, that the planets move in the orbits traced by the Creator's hand.

If the men of our time should be convinced, by attentive observation and sincere reflection, that the gradual and progressive development of social equality is at once the past and the future of their history, this discovery alone would confer the sacred character of a Divine decree upon the change. To attempt to check democracy would be in that case to resist the will of God ; and the nations would then be constrained to make the best of the social lot awarded to them by Providence.

The Christian nations of our day seem to me to present a most alarming spectacle ; the movement which impels them is already so strong that it cannot be stopped, but it is not yet so rapid that it cannot be guided. Their fate is

'INTRODUCTION.

still in their own hands ; yet a little while, and it may be so no longer.

The first of the duties which are at tins time imposed upon those who direct our affairs, is to educate the democracy ; to renovate, if possible, its religious belief ; to purify its morals ; to regulate its movements ; to substitute by degrees a knowledge of business for its inexperience, and an acquaintance with its true interests for its blind instincts ; to adapt its government to time and place, and to make it conform to the occurrenees and the men of the times. A new science of politics is needed for a new world.

This, however, is what we think of least ; placed in the middle of a rapid stream, we obstinately fix our eyes on the ruins which may still be descried upon the shore we have left, whilst the current hurries us away, and drags us backward toward the gulf.

In no country in Europe has the great social revolution which I have just described made such rapid progress as in France ; but it has always advanced without guidance. The heads of the state have made no preparation for it, and it has advanced 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 take hold of it in order to guide it. The democracy has consequently been abandoned to its wild instincts, and it has grown up like those children who have no parental guidance, who receive their education in the public streets, and who are acquainted only with the vices and wretchedness of society. Its existence was seemingly unknown, when suddenly it acquired supreme power. Every one then submitted to its caprices ; it was worshipped as the idol of strength ; and when afterwards it was enfeebled by its own excesses, the legislator conceived the rash project of destroying it, instead of instructing it and correcting its

INTRODUCTION.

vices. No attempt was made to fit it to govern, but all were bent on excluding it from the government.

The consequence has been, that the democratic revolution has taken place in the body of society, without that concomitant change in the laws, ideas, customs, and manners, which was necessary to render such a revolution beneficial. Thus we have a democracy, without anything to lessen its vices and bring out its natural advantages ; and although we already perceive the evils it brings, we are ignorant of the benefits it may confer.

While the power of the crown, supported by the aristocracy, peaceably governed the nations of Europe, society, in the midst of its wretchedness, had several sources of happiness which can now scarcely be conceived or appreciated. The power of a part of his subjects was an insurmountable barrier to the tyranny of the prince ; and the monarch, who felt the almost divine character which he enjoyed in the eyes of the multitude, derived a motive for the just use of his power from the respect which he inspired. The nobles, high as they were placed above the people, could not but take that calm and benevolent interest in their fate which the shepherd feels towards his flock; and without acknowledging the poor as their equals, they watched over the destiny of those whose welfare Providence had intrusted to their care. The people, never having conceived the idea of a social condition different from their own, and never expecting to become equal to their leaders, received benefits from them without discussing their rights. They became attached to them when they were clement and just, and submitted to their exactions without resistance or servility, as to the inevitable visitations of the Deity. Custom and the manners of the time, moreover, had established certain limits to oppression, and put a sort of legal restraint upon violence.

As the noble never suspected that any one would at-

INTRODUCTION.

tempt to deprive him of tlie privileges which he believed to be legitimate, and as the serf looked upon his own inferiority as a consequence of the immutable order of nature, it is easy to imagine that some 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 illegitimate, and by obedience to a rule which they consider to be usurped and oppressive.

On the one side were wealth, strength, and leisure, accompanied by the refinements of luxury, the elegance of taste, the pleasures of wit, and the cultivation of the arts ; on the other, were labor, clownishness, and 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 wild virtues.

The social state thus organized might boast of its stability, its power, and, above all, its glory.

But the scene is now changed. Gradually the distinctions of rank are done away; the barriers which once severed mankind are falling down ; property is divided, power is shared by many, 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 of a society in which all men would feel an equal love and respect for the laws of which they consider themselves as the authors ; in which the authority of the government would be respected as necessary, though l*

INTRODUCTION.

not as divine ; and in which the loyalty of the subject to the chief magistrate would not be a passion, but a quiet and rational persuasion. Every individual being in the possession of rights which he is sure to retain, a kind of manly confidence and reciprocal courtesy would arise between all classes, alike removed from pride and servility. The people, well acquainted with their own true interests, would understand that, in order to profit by the advantages of society, it is necessary to satisfy its requisitions. The voluntary association of the citizens might then take the place of 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 would not be stationaiy. But the. impulses of the social body might there be regulated and made progressive. If there were less splendor than in the midst of an aristocracy, the contrast of misery would also be less frequent ; the pleasures of enjoyment might be less excessive, but those of comfort would be more general ; the sciences might be less perfectly cultivated, but ignorance would be less common ; the impetuosity of the feelings would be repressed, and the habits of the nation softened ; there would be more vices and fewer great crimes.

In the absence of enthusiasm and an ardent faith, great sacrifices may be obtained from the members of a commonwealth by an appeal to their understandings and their experience ; each individual will feel the same necessity of union with his fellows to protect his own weakness ; and as he knows that he can obtain their help only on condition of helping them, he will readily perceive that his personal interest is identified with the interests of the whole community. The nation, taken as a whole, will be less brilliant, less glorious, and perhaps less strong ; but the majority of the citizens will enjoy a greater degree of prosperity, and

INTRODUCTION.

the people will remain quiet, not because they despair of a change for the better, but because they are conscious that they are well off already.

If all the consequences of this state of things were not good or useful, society would at least have appropriated all such as were useful and good ; and having once and for ever renounced the social advantages of aristocracy, mankind would enter into possession of all the benefits which democracy can afford.

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 have learned to despise all authority, but they still fear it ; and fear now extorts more than was formerly paid from reverence and love.

I perceive that we have destroyed those individual powers which were able, single-handed, to cope with tyranny ; but it is the government that has inherited the privileges of which families, corporations, and individuals have been deprived ; to the power of a small number of persons — which, if it was sometimes oppressive, was often conservative — has succeeded the weakness of the whole community.

The division of property has lessened the distance which separated the rich from the poor ; but it would seem that, the nearer they draw to each other, the greater is their mutual hatred, and the more vehement the envy and the dread with which they resist each other's claims to power ; the idea of Right does not exist for either party, and Force affords to both the only argument for the present, and the only guaranty for the future.

The poor man retains the prejudices of his forefathers without their faith, and their ignorance without their

INTRODUCTION.

virtues ; lie "has adopted the doctrine of self-interest as the rule of Ins actions, without understanding the science which puts it to use ; and his selfishness is no less blind than was formerly his devotedness to others.

If society is tranquil, it is not because it is conscious of its strength and its well-being, but because it fears its weakness and its infirmities ; a single effort may cost it its life. Everybody feels the evil, but no one has courage or energy enough to seek the cure. The desires, the repinings, the sorrows, and the joys of the present time lead to no visible or permanent result, like the passions of old men, , which terminate in impotence.

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

The phenomena which the intellectual world presents are not less deplorable. The democracy of France, hampered in its course or abandoned to its lawless passions, has overthrown whatever crossed its path, and has shaken all that it has not destroyed. Its empire has not been gradually introduced, or peaceably established, but it has constantly advanced in the midst of the disorders and the agitations of a conflict. In the heat of the struggle, each partisan is hurried beyond the natural limits of his opinions by the doctrines and the excesses of his opponents, until he loses sight of the end of his exertions, and holds a languao-e which does not express his real sentiments or secret instincts. Hence arises the strange confusion which we are compelled to witness.